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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, 124.137, 124.138, | 5 |
124.139, 124.14, 124.151, 124.152, 124.18, | 6 |
124.181, 124.182, 124.321, 124.327, 124.382, | 7 |
124.384, 124.387, 124.389, 124.391, 124.82, | 8 |
124.821, 124.822, 124.823, 124.84, 125.21, 126.07, | 9 |
126.21, 126.22, 131.01, 131.02, 131.33, 133.01, | 10 |
133.04, 133.06, 133.12, 133.18, 141.08, 141.10, | 11 |
145.70, 173.14, 173.39, 173.391, 173.41, 184.20, | 12 |
319.301, 340.021, 742.57, 901.23, 927.39, 927.40, | 13 |
927.41, 927.42, 955.011, 955.16, 955.43, 1309.102, | 14 |
1309.520, 1309.521, 1317.07, 1321.02, 1333.11, | 15 |
1523.02, 1901.31, 1901.311, 1901.32, 1901.33, | 16 |
2151.357, 2305.2341, 2503.20, 2913.01, 2913.02, | 17 |
2921.321, 2923.46, 2925.44, 2933.43, 3109.14, | 18 |
3301.0714, 3302.021, 3307.32, 3309.68, 3310.03, | 19 |
3310.06, 3313.29, 3313.372, 3313.61, 3313.64, | 20 |
3313.6410, 3313.813, 3314.02, 3314.03, 3314.08, | 21 |
3314.26, 3314.35, 3314.36, 3315.01, 3317.01, | 22 |
3317.015, 3317.02, 3317.021, 3317.022, 3317.024, | 23 |
3317.029, 3317.0216, 3317.03, 3317.051, 3317.053, | 24 |
3317.06, 3317.07, 3317.082, 3317.11, 3317.19, | 25 |
3318.052, 3318.37, 3319.17, 3323.091, 3323.13, | 26 |
3323.20, 3345.05, 3353.02, 3354.10, 3355.07, | 27 |
3357.10, 3358.06, 3365.02, 3375.121, 3381.15, | 28 |
3381.17, 3517.152, 3701.041, 3701.341, 3701.65, | 29 |
3705.242, 3734.57, 3735.67, 3745.114, 3905.43, | 30 |
4109.01, 4109.02, 4109.06, 4117.01, 4303.29, | 31 |
4731.22, 4731.281, 4781.04, 4905.79, 5111.061, | 32 |
5111.081, 5111.11, 5111.20, 5111.222, 5111.231, | 33 |
5111.244, 5111.27, 5111.31, 5111.88, 5111.882, | 34 |
5111.889, 5111.8811, 5111.8812, 5112.08, 5112.18, | 35 |
5112.31, 5115.04, 5119.16, 5123.0413, 5123.196, | 36 |
5123.36, 5139.50, 5505.27, 5531.10, 5577.99, | 37 |
5703.21, 5703.57, 5705.03, 5705.091, 5705.19, | 38 |
5705.195, 5705.34, 5709.08, 5709.081, 5709.40, | 39 |
5709.42, 5709.43, 5709.73, 5709.74, 5709.75, | 40 |
5709.78, 5709.79, 5709.80, 5711.01, 5725.221, | 41 |
5727.06, 5727.85, 5729.05, 5733.01, 5733.352, | 42 |
5733.56, 5733.98, 5735.27, 5739.01, 5739.011, | 43 |
5739.026, 5739.211, 5741.031, 5743.025, 5743.03, | 44 |
5743.04, 5743.05, 5743.08, 5743.081, 5743.12, | 45 |
5743.13, 5743.15, 5743.33, 5743.34, 5743.35, | 46 |
5745.01, 5747.01, 5747.012, 5747.05, 5747.056, | 47 |
5747.11, 5747.331, 5748.01, 5748.02, 5751.01, | 48 |
5751.011, 5751.032, 5751.04, 5751.05, 5751.051, | 49 |
5751.10, 5751.20, 5751.21, 5751.22, 5751.53, and | 50 |
6121.02; to amend, for the purpose of adopting new | 51 |
section numbers as indicated in parentheses, | 52 |
sections 117.45 (126.35), 117.46 (126.36), 117.47 | 53 |
(126.37), 117.48 (126.38), 173.41 (173.394), | 54 |
5111.081 (5111.942), 5111.082 (5111.081), 5111.083 | 55 |
(5111.082), 5111.084 (5111.083), and 5111.085 | 56 |
(5111.084); to enact new sections 3325.12, | 57 |
3365.11, and 5111.18 and sections 131.022, 173.27, | 58 |
307.761, 333.01, 333.02, 333.03, 333.04, 333.05, | 59 |
333.06, 333.07, 3310.11, 3310.12, 3314.18, | 60 |
3323.143, 3701.046, 3701.79, 4303.207, 4503.105, | 61 |
5111.8813, 5111.8814, 5111.8815, 5111.8816, | 62 |
5111.8817, 5111.941, 5111.943, 5112.311, 5123.37, | 63 |
5123.371, 5123.372, 5123.373, 5123.374, 5123.375, | 64 |
5502.261, 5531.101, 5701.11, 5705.211, 5725.222, | 65 |
5725.98, 5729.101, 5729.102, 5729.98, 5743.021, | 66 |
5743.321, 5748.011, and 5919.19; and to repeal | 67 |
sections 3325.12, 3325.17, 3365.11, 4732.04, and | 68 |
5111.18 of the Revised Code; to amend Section 3 of | 69 |
Sub. H.B. 11 of the 126th General Assembly; to | 70 |
amend Sections 203.09, 203.12, 203.12.12, 203.45, | 71 |
203.51, 203.54, 203.66, 203.69, 203.84, 203.87, | 72 |
203.99.01, 203.99.48, 206.03, 206.09.12, | 73 |
206.09.15, 206.09.21, 206.09.27, 206.09.36, | 74 |
206.09.39, 206.09.42, 206.09.66, 206.09.84, | 75 |
206.16, 206.48, 206.66, 206.66.22, 206.66.23, | 76 |
206.66.36, 206.66.64, 206.66.66, 206.66.84, | 77 |
206.66.85, 206.66.91, 206.67.15, 206.67.21, | 78 |
206.99, 209.04, 209.06.06, 209.06.09, 209.09.06, | 79 |
209.09.18, 209.15, 209.18, 209.18.09, 209.24, | 80 |
209.30, 209.33, 209.36, 209.45, 209.63, 209.63.42, | 81 |
209.64.60, 209.75, 209.81, 209.90.06, 212.03, | 82 |
212.24, 212.27, 212.30, 212.33, 315.03, 557.12, | 83 |
and 612.36.03 of Am. Sub. H.B. 66 of the 126th | 84 |
General Assembly; to amend Sections 23 and 23.01 | 85 |
of Am. Sub. S.B. 189 of the 125th General | 86 |
Assembly; to amend Sections 19.01, 20.01, 23.12, | 87 |
and 23.45 of Am. Sub. H.B. 16 of the 126th General | 88 |
Assembly, as subsequently amended; to amend | 89 |
Sections 203.06.06 and 203.06.24 of Am. Sub. H.B. | 90 |
68 of the 126th General Assembly, as subsequently | 91 |
amended; to amend Section 22 of Am. Sub. S.B. 189 | 92 |
of the 125th General Assembly, as subsequently | 93 |
amended; and to repeal Sections 315.03 and | 94 |
557.09.09 of Am. Sub. H.B. 66 of the 126th General | 95 |
Assembly to make capital reappropriations for the | 96 |
biennium ending June 30, 2008, to make certain | 97 |
supplemental and capital appropriations and to | 98 |
provide authorization and conditions for the | 99 |
operation of state programs. | 100 |
Section 101.01. That sections 9.41, 9.901, 101.543, 107.40, | 101 |
109.57, 109.572, 113.09, 113.11, 113.12, 117.45, 117.46, 117.47, | 102 |
117.48, 120.36, 120.52, 120.521, 120.53, 121.37, 122.17, 122.171, | 103 |
122.72, 122.73, 122.74, 122.90, 124.09, 124.11, 124.137, 124.138, | 104 |
124.139, 124.14, 124.151, 124.152, 124.18, 124.181, 124.182, | 105 |
124.321, 124.327, 124.382, 124.384, 124.387, 124.389, 124.391, | 106 |
124.82, 124.821, 124.822, 124.823, 124.84, 125.21, 126.07, 126.21, | 107 |
126.22, 131.01, 131.02, 131.33, 133.01, 133.04, 133.06, 133.12, | 108 |
133.18, 141.08, 141.10, 145.70, 173.14, 173.39, 173.391, 173.41, | 109 |
184.20, 319.301, 340.021, 742.57, 901.23, 927.39, 927.40, 927.41, | 110 |
927.42, 955.011, 955.16, 955.43, 1309.102, 1309.520, 1309.521, | 111 |
1317.07, 1321.02, 1333.11, 1523.02, 1901.31, 1901.311, 1901.32, | 112 |
1901.33, 2151.357, 2305.2341, 2503.20, 2913.01, 2913.02, 2921.321, | 113 |
2923.46, 2925.44, 2933.43, 3109.14, 3301.0714, 3302.021, 3307.32, | 114 |
3309.68, 3310.03, 3310.06, 3313.29, 3313.372, 3313.61, 3313.64, | 115 |
3313.6410, 3313.813, 3314.02, 3314.03, 3314.08, 3314.26, 3314.35, | 116 |
3314.36, 3315.01, 3317.01, 3317.015, 3317.02, 3317.021, 3317.022, | 117 |
3317.024, 3317.029, 3317.0216, 3317.03, 3317.051, 3317.053, | 118 |
3317.06, 3317.07, 3317.082, 3317.11, 3317.19, 3318.052, 3318.37, | 119 |
3319.17, 3323.091, 3323.13, 3323.20, 3345.05, 3353.02, 3354.10, | 120 |
3355.07, 3357.10, 3358.06, 3365.02, 3375.121, 3381.15, 3381.17, | 121 |
3517.152, 3701.041, 3701.341, 3701.65, 3705.242, 3734.57, 3735.67, | 122 |
3745.114, 3905.43, 4109.01, 4109.02, 4109.06, 4117.01, 4303.29, | 123 |
4731.22, 4731.281, 4781.04, 4905.79, 5111.061, 5111.081, 5111.11 | 124 |
5111.20, 5111.222, 5111.231, 5111.244, 5111.27, 5111.31, 5111.88, | 125 |
5111.882, 5111.889, 5111.8811, 5111.8812, 5112.08, 5112.18, | 126 |
5112.31, 5115.04, 5119.16, 5123.0413, 5123.196, 5123.36, 5139.50, | 127 |
5505.27, 5531.10, 5577.99, 5703.21, 5703.57, 5705.03, 5705.091, | 128 |
5705.19, 5705.195, 5705.34, 5709.08, 5709.081, 5709.40, 5709.42, | 129 |
5709.43, 5709.73, 5709.74, 5709.75, 5709.78, 5709.79, 5709.80, | 130 |
5711.01, 5725.221, 5727.06, 5727.85, 5729.05, 5733.01, 5733.352, | 131 |
5733.56, 5733.98, 5735.27, 5739.01, 5739.011, 5739.026, 5739.211, | 132 |
5741.031, 5743.025, 5743.03, 5743.04, 5743.05, 5743.08, 5743.081, | 133 |
5743.12, 5743.13, 5743.15, 5743.33, 5743.34, 5743.35, 5745.01, | 134 |
5747.01, 5747.012, 5747.05, 5747.056, 5747.11, 5747.331, 5748.01, | 135 |
5748.02, 5751.01, 5751.011, 5751.032, 5751.04, 5751.05, 5751.051, | 136 |
5751.10, 5751.20, 5751.21, 5751.22, 5751.53, and 6121.02 be | 137 |
amended; that sections 117.45 (126.35), 117.46 (126.36), 117.47 | 138 |
(126.37), 117.48 (126.38), 173.41 (173.394), 5111.081 (5111.942), | 139 |
5111.082 (5111.081), 5111.083 (5111.082), 5111.084 (5111.083), and | 140 |
5111.085 (5111.084) be amended for the purpose of adopting new | 141 |
sections numbers as indicated in parentheses; that new sections | 142 |
3325.12, 3365.11, and 5111.18 and sections 131.022, 173.27, | 143 |
307.761, 333.01, 333.02, 333.03, 333.04, 333.05, 333.06, 333.07, | 144 |
3310.11, 3310.12, 3314.18, 3323.143, 3701.046, 3701.79, 4303.207, | 145 |
4503.105, 5111.8813, 5111.8814, 5111.8815, 5111.8816, 5111.8817, | 146 |
5111.941, 5111.943, 5112.311, 5123.37, 5123.371, 5123.372, | 147 |
5123.373, 5123.374, 5123.375, 5502.261, 5531.101, 5701.11, | 148 |
5705.211, 5725.222, 5725.98, 5729.101, 5729.102, 5729.98, | 149 |
5743.021, 5743.321, 5748.011, and 5919.19 of the Revised Code be | 150 |
enacted to read as follows: | 151 |
Sec. 9.41. The | 152 |
management | 153 |
district, general health district, or city school district | 154 |
thereof, or civil service township, shall not draw, sign, issue, | 155 |
or authorize the drawing, signing, or issuing of any warrant on | 156 |
the treasurer of state or other disbursing officer of the state, | 157 |
or the treasurer or other disbursing officer of any county, city, | 158 |
or city school district thereof, or civil service township, to pay | 159 |
any salary or other compensation to any officer, clerk, employee, | 160 |
or other person in the classified service unless an estimate, | 161 |
payroll, or account for such salary or compensation containing the | 162 |
name of each person to be paid, bears the certificate of the | 163 |
director of administrative services, or in the case of the service | 164 |
of the city or civil service township, the certificate of the | 165 |
civil service commission of the city or civil service township, or | 166 |
in the case of the service of the county, the certificate of the | 167 |
appointing authority, that the persons named in the estimate, | 168 |
payroll, or account have been appointed, promoted, reduced, | 169 |
suspended, or laid off, or are being employed in pursuance of | 170 |
Chapter 124. of the Revised Code and the rules adopted thereunder. | 171 |
Where estimates, payrolls, or accounts are prepared by | 172 |
electronic data processing equipment, the director of | 173 |
administrative services or the municipal or civil service township | 174 |
civil service commission may develop methods for controlling the | 175 |
input or verifying the output of such equipment to ensure | 176 |
compliance with Chapter 124. of the Revised Code and the rules | 177 |
adopted thereunder. Any estimates, payrolls, or accounts prepared | 178 |
by these methods shall be subject to special audit at any time. | 179 |
Any sum paid contrary to this section may be recovered from | 180 |
any officer making such payment in contravention of law and of the | 181 |
rules made in pursuance of law, or from any officer signing, | 182 |
countersigning, or authorizing the signing or countersigning of | 183 |
any warrant for the payment of the same, or from the sureties on | 184 |
185 | |
state, maintained by a citizen resident therein. All moneys | 186 |
recovered in any action brought under this section shall, when | 187 |
collected, be paid into the state treasury or the treasury of the | 188 |
appropriate civil division of the state, except that the plaintiff | 189 |
in any action shall be entitled to recover | 190 |
taxable costs of such action. | 191 |
Sec. 9.901. (A)(1) All health care benefits provided to | 192 |
persons employed by the public schools of this state shall be | 193 |
provided by medical plans designed pursuant to this section by the | 194 |
school employees health care board. The board, in consultation | 195 |
with the superintendent of insurance, shall negotiate with and, in | 196 |
accordance with the competitive selection procedures of Chapter | 197 |
125. of the Revised Code, contract with one or more insurance | 198 |
companies authorized to do business in this state for the issuance | 199 |
of the plans. Any or all of the medical plans designed by the | 200 |
board may be self-insured. All self-insured plans adopted shall be | 201 |
administered by the board in accordance with this section. As used | 202 |
in this section, a "public school" means a school in a city, | 203 |
local, exempted village, or joint vocational school district, and | 204 |
includes the educational service centers associated with those | 205 |
schools. | 206 |
(2) Prior to soliciting proposals from insurance companies | 207 |
for the issuance of medical plans, the board shall determine what | 208 |
geographic regions exist in the state based on the availability of | 209 |
providers, networks, costs, and other factors relating to | 210 |
providing health care benefits. The board shall then determine | 211 |
what medical plans are offered by school districts and existing | 212 |
consortiums in the state. The board shall determine what medical | 213 |
plan offered by a school district or existing consortium in the | 214 |
region offers the lowest premium cost plan. | 215 |
(3) The board shall develop a request for proposals and | 216 |
solicit bids for medical plans for the school districts in a | 217 |
region similar to the existing plans. The board shall also | 218 |
determine the benefits offered by existing medical plans, the | 219 |
employees' costs, and the cost-sharing arrangements used by public | 220 |
schools participating in a consortium. The board shall determine | 221 |
what strategies are used by the existing medical plans to manage | 222 |
health care costs and shall study the potential benefits of state | 223 |
or regional consortiums of public schools offering multiple health | 224 |
care plans. | 225 |
(4) As used in this section, a "medical plan" includes group | 226 |
policies, contracts, and agreements that provide hospital, | 227 |
surgical, or medical expense coverage, including self-insured | 228 |
plans. A "medical plan" does not include an individual plan | 229 |
offered to the employees of a public school, or a plan that | 230 |
provides coverage only for specific disease or accidents, or a | 231 |
hospital indemnity, medicare supplement, or other plan that | 232 |
provides only supplemental benefits, paid for by the employees of | 233 |
a public school. | 234 |
(B) The school employees health care board is hereby created. | 235 |
The school employees health care board shall consist of the | 236 |
following nine members and shall include individuals with | 237 |
experience with public school benefit programs, health care | 238 |
industry providers, and medical plan beneficiaries: | 239 |
(1) Three members appointed by the governor; | 240 |
(2) Three members appointed by the president of the senate; | 241 |
(3) Three members appointed by the speaker of the house of | 242 |
representatives. | 243 |
A member of the school employees health care board shall not | 244 |
be employed by, represent, or in any way be affiliated with a | 245 |
private entity that is providing services to the board, an | 246 |
individual school district, employers, or employees in the state | 247 |
of Ohio. | 248 |
(C)(1) Members of the school employees health care board | 249 |
shall serve four-year terms; however, one of each of the initial | 250 |
members appointed under divisions (B)(1) to (3) of this section | 251 |
shall be appointed to a term of one year. The initial appointments | 252 |
under this section shall be made within forty-five days after | 253 |
254 |
Members' terms shall end on the | 255 |
256 | |
but a member shall continue to serve subsequent to the expiration | 257 |
of the member's term until a successor is appointed. Any vacancy | 258 |
occurring during a member's term shall be filled in the same | 259 |
manner as the original appointment, except that the person | 260 |
appointed to fill the vacancy shall be appointed to the remainder | 261 |
of the unexpired term. | 262 |
(2) Members shall serve without compensation but shall be | 263 |
reimbursed from the school employees health care fund for actual | 264 |
and necessary expenses incurred in the performance of their | 265 |
official duties as members of the board. | 266 |
(3) Members may be removed by their appointing authority for | 267 |
misfeasance, malfeasance, incompetence, dereliction of duty, or | 268 |
other just cause. | 269 |
(D)(1) The governor shall call the first meeting of the | 270 |
school employees health care board. At that meeting, and annually | 271 |
thereafter, the board shall elect a chairperson and may elect | 272 |
members to other positions on the board as the board considers | 273 |
necessary or appropriate. The board shall meet at least four times | 274 |
each calendar year and shall also meet at the call of the | 275 |
chairperson or three or more board members. The chairperson shall | 276 |
provide reasonable advance notice of the time and place of board | 277 |
meetings to all members. | 278 |
(2) A majority of the board constitutes a quorum for the | 279 |
transaction of business at a board meeting. A majority vote of the | 280 |
members present is necessary for official action. | 281 |
(E) The school employees health care board shall conduct its | 282 |
business at open meetings; however, the records of the board are | 283 |
not public records for purposes of section 149.43 of the Revised | 284 |
Code. | 285 |
(F) The school employees health care fund is hereby created | 286 |
in the state treasury. The public schools shall pay all school | 287 |
employees health care board plan premiums in the manner prescribed | 288 |
by the school employees health care board to the board for deposit | 289 |
into the school employees health care fund. All funds in the | 290 |
school employees health care fund shall be used solely for the | 291 |
provision of health care benefits to public schools employees | 292 |
pursuant to this section and related administrative costs. | 293 |
Premiums received by the board or insurance companies contracted | 294 |
pursuant to division (A) of this section are not subject to any | 295 |
state insurance premium tax. | 296 |
(G) The school employees health care board shall do all of | 297 |
the following: | 298 |
(1) Design multiple medical plans, including regional plans, | 299 |
to provide, in the board's judgment, the optimal combination of | 300 |
coverage, cost, choice, and stability of health cost benefits. The | 301 |
board may establish more than one tier of premium rates for any | 302 |
medical plan. The board shall establish regions as necessary for | 303 |
the implementation of the board's medical plans. Plans and premium | 304 |
rates may vary across the regions established by the board. | 305 |
(2) Set an aggregate goal for employee and employer portions | 306 |
of premiums for the board's medical plans so as to manage plan | 307 |
participation and encourage the use of value-based plan | 308 |
participation by employees; | 309 |
(3) Set employer and employee plan copayments, deductibles, | 310 |
exclusions, limitations, formularies, premium shares, and other | 311 |
responsibilities; | 312 |
(4) Include disease management and consumer education | 313 |
programs, to the extent that the board determines is appropriate, | 314 |
in all medical plans designed by the board, which programs shall | 315 |
include, but are not limited to, wellness programs and other | 316 |
measures designed to encourage the wise use of medical plan | 317 |
coverage. These programs are not services or treatments for | 318 |
purposes of section 3901.71 of the Revised Code. | 319 |
(5) Create and distribute to the governor, the speaker of the | 320 |
house of representatives, and the president of the senate, an | 321 |
annual report covering the plan background; plan coverage options; | 322 |
plan administration, including procedures for monitoring and | 323 |
managing objectives, scope, and methodology; plan operations; | 324 |
employee and employer contribution rates and the relationship | 325 |
between the rates and the school employees health care fund | 326 |
balance; a means to develop and maintain identity and evaluate | 327 |
alternative employee and employer cost-sharing strategies; an | 328 |
evaluation of the effectiveness of cost-saving services and | 329 |
programs; an evaluation of efforts to control and manage member | 330 |
eligibility and to insure that proper employee and employer | 331 |
contributions are remitted to the trust fund; efforts to prevent | 332 |
and detect fraud; and efforts to manage and monitor board | 333 |
contracts; | 334 |
(6) Utilize cost containment measures aligned with patient, | 335 |
plan, and provider management strategies in developing and | 336 |
managing medical plans. | 337 |
(H) The sections in Chapter 3923. of the Revised Code | 338 |
regulating public employee benefit plans are not applicable to the | 339 |
medical plans designed pursuant to this section. | 340 |
(I)(1) Public schools are not subject to this section prior | 341 |
to the release of medical plans designed pursuant to this section. | 342 |
(2) Prior to the school employees health care board's release | 343 |
of the board's initial medical plans, the board shall contract | 344 |
with an independent consultant to analyze costs related to | 345 |
employee health care benefits provided by existing school district | 346 |
plans in this state. The consultant shall determine the benefits | 347 |
offered by existing medical plans, the employees' costs, and the | 348 |
cost-sharing arrangements used by public schools either | 349 |
participating in a consortium or by other means. The consultant | 350 |
shall determine what strategies are used by the existing medical | 351 |
plans to manage health care costs and shall study the potential | 352 |
benefits of state or regional consortiums of public schools | 353 |
offering multiple health care plans. Based on the findings of the | 354 |
analysis, the consultant shall submit written recommendations to | 355 |
the board for the development and implementation of a successful | 356 |
program for pooling school districts' purchasing power for the | 357 |
acquisition of employee medical plans. The consultant's | 358 |
recommendations shall address, at a minimum, all of the following | 359 |
issues: | 360 |
(a) The establishment of regions for the provision of medical | 361 |
plans, based on the availability of providers and plans in the | 362 |
state at the time that the school employees health care board is | 363 |
established; | 364 |
(b) The use of regional preferred provider and closed panel | 365 |
plans, health savings accounts, and alternative medical plans, to | 366 |
stabilize both costs and the premiums charged school districts and | 367 |
district employees; | 368 |
(c) The development of a system to obtain eligibility data | 369 |
and data compiled pursuant to the "Consolidated Omnibus Budget | 370 |
Reconciliation Act of 1985 (COBRA)," 100 Stat. 227, 29 U.S.C. | 371 |
1161, as amended; | 372 |
(d) The use of the competitive bidding process for regional | 373 |
medical plans; | 374 |
(e) The development of a timeline planning for the design and | 375 |
use of board medical plans by not later than December 31, 2007; | 376 |
(f) The use of information on claims and costs and of | 377 |
information reported by districts pursuant to COBRA in analyzing | 378 |
administrative and premium costs; | 379 |
(g) The experience of states that have mandated statewide | 380 |
medical plans for public school employees, including the | 381 |
implementation strategies used by those states; | 382 |
(h) Recommended strategies for the use of first-year roll-in | 383 |
premiums in the transition from district medical plans to school | 384 |
employees health care board plans; | 385 |
(i) The option of allowing school districts to join an | 386 |
existing regional consortium as an alternative to school employees | 387 |
health care board plans; | 388 |
(j) Mandatory and optional coverages to be offered by the | 389 |
board's medical plans; | 390 |
(k) Potential risks to the state from the use of medical | 391 |
plans developed pursuant to this section; | 392 |
(l) Any legislation needed to ensure the long-term financial | 393 |
solvency and stability of a health care purchasing system; | 394 |
(m) The potential impacts of any changes to the existing | 395 |
purchasing structure on all of the following: | 396 |
(i) Existing health care pooling and consortiums; | 397 |
(ii) School district employees; | 398 |
(iii) Individual school districts. | 399 |
(n) Issues that could arise when school districts transition | 400 |
from the existing purchasing structure to a new purchasing | 401 |
structure; | 402 |
(o) Strategies available to the board in the creation of fund | 403 |
reserves and the need for stop-loss insurance coverage for | 404 |
catastrophic losses; | 405 |
(p) Any legislation needed to establish and maintain medical | 406 |
plans designed pursuant to this section. The consultant shall | 407 |
submit all legislative recommendations not later than | 408 |
409 | |
care board and to the governor, the speaker of the house of | 410 |
representatives, and the president of the senate. | 411 |
(3) The public schools health care advisory committee is | 412 |
hereby created under the school employees health care board. The | 413 |
committee shall make recommendations to the school employees | 414 |
health care board related to the board's accomplishment of the | 415 |
duties assigned to the board under this section. The committee | 416 |
shall consist of eighteen members. The governor, the speaker of | 417 |
the house of representatives, and the president of the senate | 418 |
shall each appoint a representative from the Ohio education | 419 |
association, the Ohio school boards association, the Ohio | 420 |
association of school business officials, the Ohio association of | 421 |
health underwriters, an existing health care consortium serving | 422 |
public schools, and a health insuring corporation licensed to do | 423 |
business in Ohio and recommended by the Ohio association of health | 424 |
plans. The initial appointees shall be appointed to a one-year | 425 |
term not later than July 31, | 426 |
on that date. Subsequent one-year appointments, to commence on the | 427 |
thirty-first day of July of each year, shall be made in the same | 428 |
manner. A member shall continue to serve subsequent to the | 429 |
expiration of the member's term until the member's successor is | 430 |
appointed. Any vacancy occurring during a member's term shall be | 431 |
filled in the same manner as the original appointment, except that | 432 |
the person appointed to fill the vacancy shall be appointed to the | 433 |
remainder of the unexpired term. The governor shall call the first | 434 |
meeting of each newly appointed committee. At that meeting the | 435 |
board shall elect a chairperson who shall call the time and place | 436 |
of future committee meetings. Committee members are not subject to | 437 |
the conditions for eligibility set by division (B) of this section | 438 |
for members of the school employees health care board. | 439 |
(4) The school employees health care board shall submit a | 440 |
written study to the governor and the general assembly not later | 441 |
than | 442 |
compliance with this section, and on the governance of the school | 443 |
employees health care board. A copy of the board's plan of | 444 |
operation, including audit provisions, shall accompany the report | 445 |
on the board's governance and the report shall include the board's | 446 |
recommendations on any legislation needed to enforce the | 447 |
recommendations of the board on implementing the provisions of | 448 |
this section. | 449 |
(5) Not later than January 15, 2009, and not later than the | 450 |
same day of each subsequent year, the school employees health care | 451 |
board shall submit a written report to the governor and each | 452 |
member of the general assembly, which report evaluates the | 453 |
performance of school employees health care board medical plans | 454 |
during the previous year. Districts offering employee health care | 455 |
benefits through a plan offered by a consortium of two or more | 456 |
districts, or a consortium of one or more districts and one or | 457 |
more political subdivisions as defined in section 9.833 of the | 458 |
Revised Code, representing five thousand or more employees as of | 459 |
January 1, 2005, may request permission from the school employees | 460 |
health care board to continue offering consortium plans to the | 461 |
districts' employees at the discretion of the board. If the board | 462 |
grants permission, the permission is valid for only one year but | 463 |
may be renewed annually thereafter upon application to an approval | 464 |
of the board. The board shall grant initial or continued approval | 465 |
upon finding, based on an actuarial evaluation of the existing | 466 |
consortium plan offerings, that benefit design, premium costs, | 467 |
administrative cost, and other factors considered by the board are | 468 |
equivalent to or lower than comparable costs of the board's plan | 469 |
options offered to the local district. Age and gender adjustments, | 470 |
benefit comparison adjustments, and the total cost of the | 471 |
consortium plan, including administration, benefit cost, stop-loss | 472 |
insurance, and all other expenses or information requested by the | 473 |
board shall be presented to the board prior to the board's | 474 |
decision to allow a local district to continue to offer health | 475 |
care benefits under a consortium plan. A district shall not | 476 |
participate in the consortium plan once the district has chosen to | 477 |
offer plans designed by the board to the district's employees and | 478 |
begins premium payments for deposit into the school employees | 479 |
health care fund. | 480 |
(6) Any districts providing medical plan coverage for the | 481 |
employees of public schools, or that have provided coverage within | 482 |
two years prior to | 483 |
29, 2005, shall provide nonidentifiable aggregate claims data for | 484 |
the coverage to the school employees health care board or the | 485 |
department of administrative services, without charge, within | 486 |
thirty days after receiving a written request from the board or | 487 |
the department. The claims data shall include data relating to | 488 |
employee group benefit sets, demographics, and claims experience. | 489 |
(J) The school employees health care board may contract with | 490 |
other state agencies as the board deems necessary for the | 491 |
implementation and operation of this section, based on | 492 |
demonstrated experience and expertise in administration, | 493 |
management, data handling, actuarial studies, quality assurance, | 494 |
or other needed services. The school employees health care board | 495 |
shall contract with the department of administrative services for | 496 |
central services until the board is able to obtain such services | 497 |
from other sources. The board shall reimburse the department of | 498 |
administrative services for the reasonable cost of those services. | 499 |
(K) The board's administrative functions shall include, but | 500 |
are not limited to, the following: | 501 |
(1) Maintaining reserves in the school employees health care | 502 |
fund, reinsurance, and other measures that in the judgment of the | 503 |
board will result in the long-term stability and solvency of the | 504 |
medical plans designed by the board. The board shall bill school | 505 |
districts, in proportion to a district's premium payments to all | 506 |
premium payments paid into the school employees health care fund | 507 |
during the previous year, in order to maintain necessary reserves, | 508 |
reinsurance, and administrative and operating funds. Each school | 509 |
district contributing to a board medical plan shall share any | 510 |
losses due to the expense of claims paid by the plan. In the event | 511 |
of a loss, the board may bill each district an amount, in | 512 |
proportion to the district's premium payments to all premium | 513 |
payments paid into the school employees health care fund during | 514 |
the previous year, sufficient in total to cover the loss. The | 515 |
state is not liable for any obligations of the school employees | 516 |
health care board or the school employees health care fund, or for | 517 |
expenses of public schools or school districts related to the | 518 |
board's medical plans. | 519 |
(2) Providing health care information, wellness programs, and | 520 |
other preventive health care measures to medical plan | 521 |
beneficiaries, to the extent that the board determines to be | 522 |
appropriate; | 523 |
(3) Coordinating contracts for services related to the | 524 |
board's medical plans. Contracts shall be approved by the school | 525 |
employees health care board. | 526 |
(L) Not less than ninety days before coverage begins for | 527 |
public school employees under medical plans designed by the school | 528 |
employees health care board, a school district's board of | 529 |
education shall provide detailed information about the medical | 530 |
plans to the employees. | 531 |
(M) Nothing in this section shall be construed as prohibiting | 532 |
public schools or school districts from consulting with and | 533 |
compensating insurance agents and brokers for professional | 534 |
services. | 535 |
(N) The department of administrative services shall report to | 536 |
the governor, the speaker of the house of representatives, and the | 537 |
president of the senate | 538 |
539 | |
feasibility of achieving all of the following: | 540 |
(1) Designing multiple medical plans to cover persons | 541 |
employed by public institutions of higher education that achieve | 542 |
an optimal combination of coverage, cost, choice, and stability, | 543 |
which plans include both state and regional preferred provider | 544 |
plans, set employee and employer premiums, and set employee plan | 545 |
copayments, deductibles, exclusions, limitations, formularies, and | 546 |
other responsibilities. For this purpose, "public institutions of | 547 |
higher education" include, without limitation, state universities | 548 |
and colleges, state community college districts, community college | 549 |
districts, university branch districts, technical college | 550 |
districts, and municipal universities. | 551 |
(2) Maintaining reserves, reinsurance, and other measures to | 552 |
insure the long-term stability and solvency of the medical plans; | 553 |
(3) Providing appropriate health care information, wellness | 554 |
programs, and other preventive health care measures to medical | 555 |
plan beneficiaries; | 556 |
(4) Coordinating contracts for services related to the | 557 |
medical plans. | 558 |
Sec. 101.543. | 559 |
to produce an electronic record that is accessible to the public. | 560 |
The daily journals of the senate and house of representatives | 561 |
562 | |
of the
general assembly | 563 |
564 | |
565 | |
the daily journals shall be retained for use in printing the final | 566 |
journals. | 567 |
The final journals and appendixes of the senate and house of | 568 |
representatives | 569 |
adjournment sine die and be bound in half law binding. The | 570 |
respective journal of each house and its proper appendix shall | 571 |
compose one volume unless the clerk of the senate or clerk of the | 572 |
house of representatives, as the case may be, directs that they be | 573 |
bound in separate volumes. | 574 |
Sec. 107.40. (A) There is hereby created the governor's | 575 |
residence advisory commission. The commission shall provide for | 576 |
the preservation, restoration, acquisition, and conservation of | 577 |
all decorations, objects of art, chandeliers, china, silver, | 578 |
statues, paintings, furnishings, accouterments, and other | 579 |
aesthetic materials that have been acquired, donated, loaned, or | 580 |
otherwise obtained by the state for the governor's residence and | 581 |
that have been approved by the commission. In addition, the | 582 |
commission shall provide for the maintenance of plants that have | 583 |
been acquired, donated, loaned, or otherwise obtained by the state | 584 |
for the governor's residence and that have been approved by the | 585 |
commission. | 586 |
(B) The commission shall be responsible for the care, | 587 |
provision, repair, and placement of furnishings and other objects | 588 |
and accessories of the grounds and public areas of the first story | 589 |
of the governor's residence and for the care and placement of | 590 |
plants on the grounds. In exercising this responsibility, the | 591 |
commission shall preserve
and seek to further establish | 592 |
of the following: | 593 |
(1) The authentic ambiance and decor of the historic era | 594 |
during which the governor's residence was
constructed | 595 |
(2) The grounds as a representation of Ohio's natural | 596 |
ecosystems. | 597 |
These duties shall not affect the obligation of the | 598 |
department of administrative services to provide for the general | 599 |
maintenance and operating expenses of the governor's residence. | 600 |
(C) The commission shall
consist of | 601 |
member shall be the director of administrative services or the | 602 |
director's designee, who shall serve during the director's term of | 603 |
office and shall serve as chairperson. One member shall be the | 604 |
director of the Ohio historical society or the director's | 605 |
designee, who shall serve during the director's term of office and | 606 |
shall serve as vice-chairperson. One member shall represent the | 607 |
Columbus landmarks foundation. One member shall represent the | 608 |
Bexley historical society. One member shall be the mayor of the | 609 |
city of Bexley, who shall serve during the mayor's term of office. | 610 |
One member shall be the chief executive officer of the Franklin | 611 |
park conservatory joint recreation district, who shall serve | 612 |
during the term of employment as chief executive officer. The | 613 |
remaining five members shall be appointed by the governor with the | 614 |
advice and consent of the senate. The five members appointed by | 615 |
the governor shall be persons with knowledge of Ohio history, | 616 |
architecture, decorative arts, or historic preservation, and one | 617 |
of those members shall have knowledge of landscape architecture, | 618 |
garden design, horticulture, and plants native to this state. | 619 |
(D) Of the initial appointees, the representative of the | 620 |
Columbus landmarks foundation shall serve for a term expiring | 621 |
December 31, 1996, and the representative of the Bexley historical | 622 |
society shall serve for a term expiring December 31, 1997. Of the | 623 |
five members appointed by the governor, three shall serve for | 624 |
terms ending December 31, 1998, and two shall serve for terms | 625 |
ending December 31, 1999. Thereafter, each term shall be for four | 626 |
years, commencing on the first day of January and ending on the | 627 |
last day of December. | 628 |
landscape architecture, garden design, horticulture, and plants | 629 |
native to this state initially shall be appointed upon the first | 630 |
vacancy on the commission occurring on or after the effective date | 631 |
of this amendment. | 632 |
Each member shall hold office from the date of the member's | 633 |
appointment until the end of the term for which the member was | 634 |
appointed. Any member appointed to fill a vacancy occurring prior | 635 |
to the end of the term for which the member's predecessor was | 636 |
appointed shall hold office for the remainder of the term. Any | 637 |
member shall continue in office subsequent to the expiration of | 638 |
the term until the member's successor takes office. | 639 |
(E) | 640 |
and the affirmative vote of | 641 |
approval of any action by the commission. | 642 |
(F) After each initial member of the commission has been | 643 |
appointed, the commission shall meet and select one member as | 644 |
secretary and another as treasurer. Organizational meetings of the | 645 |
commission shall be held at the time and place designated by call | 646 |
of the chairperson. Meetings of the commission may be held | 647 |
anywhere in the state and shall be in compliance with Chapters | 648 |
121. and 149. of the Revised Code. The commission may adopt, | 649 |
pursuant to section 111.15 of the Revised Code, rules necessary to | 650 |
carry out the purposes of this section. | 651 |
(G) Members of the commission shall serve without | 652 |
remuneration, but shall be compensated for actual and necessary | 653 |
expenses incurred in the performance of their official duties. | 654 |
(H) All expenses incurred in carrying out this section are | 655 |
payable solely from money accrued under this section or | 656 |
appropriated for these purposes by the general assembly, and the | 657 |
commission shall incur no liability or obligation beyond such | 658 |
money. | 659 |
(I) The commission may accept any donation, gift, bequest, or | 660 |
devise for the governor's residence or as an endowment for the | 661 |
maintenance and care of the garden on the grounds of the | 662 |
governor's residence in furtherance of its duties. Any revenue | 663 |
received by the commission shall be deposited into the governor's | 664 |
residence fund, which is hereby established in the state treasury, | 665 |
for use by the commission in accordance with the performance of | 666 |
its duties. All investment earnings of the fund shall be credited | 667 |
to the fund. Title to all property acquired by the commission | 668 |
shall be taken in the name of the state and shall be held for the | 669 |
use and benefit of the commission. | 670 |
(J) Nothing in this section limits the ability of a person or | 671 |
other entity to purchase decorations, objects of art, chandeliers, | 672 |
china, silver, statues, paintings, furnishings, accouterments, | 673 |
plants, or other aesthetic materials for placement in the | 674 |
governor's residence or on the grounds of the governor's residence | 675 |
or donation to the commission. No such object or plant, however, | 676 |
shall be placed on the grounds or public areas of the first story | 677 |
of the governor's residence without the consent of the commission. | 678 |
Sec. 109.57. (A)(1) The superintendent of the bureau of | 679 |
criminal identification and investigation shall procure from | 680 |
wherever procurable and file for record photographs, pictures, | 681 |
descriptions, fingerprints, measurements, and other information | 682 |
that may be pertinent of all persons who have been convicted of | 683 |
committing within this state a felony, any crime constituting a | 684 |
misdemeanor on the first offense and a felony on subsequent | 685 |
offenses, or any misdemeanor described in division (A)(1)(a) of | 686 |
section 109.572 of the Revised Code, of all children under | 687 |
eighteen years of age who have been adjudicated delinquent | 688 |
children for committing within this state an act that would be a | 689 |
felony or an offense of violence if committed by an adult or who | 690 |
have been convicted of or pleaded guilty to committing within this | 691 |
state a felony or an offense of violence, and of all well-known | 692 |
and habitual criminals. The person in charge of any county, | 693 |
multicounty, municipal, municipal-county, or multicounty-municipal | 694 |
jail or workhouse, community-based correctional facility, halfway | 695 |
house, alternative residential facility, or state correctional | 696 |
institution and the person in charge of any state institution | 697 |
having custody of a person suspected of having committed a felony, | 698 |
any crime constituting a misdemeanor on the first offense and a | 699 |
felony on subsequent offenses, or any misdemeanor described in | 700 |
division (A)(1)(a) of section 109.572 of the Revised Code or | 701 |
having custody of a child under eighteen years of age with respect | 702 |
to whom there is probable cause to believe that the child may have | 703 |
committed an act that would be a felony or an offense of violence | 704 |
if committed by an adult shall furnish such material to the | 705 |
superintendent of the bureau. Fingerprints, photographs, or other | 706 |
descriptive information of a child who is under eighteen years of | 707 |
age, has not been arrested or otherwise taken into custody for | 708 |
committing an act that would be a felony or an offense of violence | 709 |
if committed by an adult, has not been adjudicated a delinquent | 710 |
child for committing an act that would be a felony or an offense | 711 |
of violence if committed by an adult, has not been convicted of or | 712 |
pleaded guilty to committing a felony or an offense of violence, | 713 |
and is not a child with respect to whom there is probable cause to | 714 |
believe that the child may have committed an act that would be a | 715 |
felony or an offense of violence if committed by an adult shall | 716 |
not be procured by the superintendent or furnished by any person | 717 |
in charge of any county, multicounty, municipal, municipal-county, | 718 |
or multicounty-municipal jail or workhouse, community-based | 719 |
correctional facility, halfway house, alternative residential | 720 |
facility, or state correctional institution, except as authorized | 721 |
in section 2151.313 of the Revised Code. | 722 |
(2) Every clerk of a court of record in this state, other | 723 |
than the supreme court or a court of appeals, shall send to the | 724 |
superintendent of the bureau a weekly report containing a summary | 725 |
of each case involving a felony, involving any crime constituting | 726 |
a misdemeanor on the first offense and a felony on subsequent | 727 |
offenses, involving a misdemeanor described in division (A)(1)(a) | 728 |
of section 109.572 of the Revised Code, or involving an | 729 |
adjudication in a case in which a child under eighteen years of | 730 |
age was alleged to be a delinquent child for committing an act | 731 |
that would be a felony or an offense of violence if committed by | 732 |
an adult. The clerk of the court of common pleas shall include in | 733 |
the report and summary the clerk sends under this division all | 734 |
information described in divisions (A)(2)(a) to (f) of this | 735 |
section regarding a case before the court of appeals that is | 736 |
served by that clerk. The summary shall be written on the standard | 737 |
forms furnished by the superintendent pursuant to division (B) of | 738 |
this section and shall include the following information: | 739 |
(a) The incident tracking number contained on the standard | 740 |
forms furnished by the superintendent pursuant to division (B) of | 741 |
this section; | 742 |
(b) The style and number of the case; | 743 |
(c) The date of arrest; | 744 |
(d) The date that the person was convicted of or pleaded | 745 |
guilty to the offense, adjudicated a delinquent child for | 746 |
committing the act that would be a felony or an offense of | 747 |
violence if committed by an adult, found not guilty of the | 748 |
offense, or found not to be a delinquent child for committing an | 749 |
act that would be a felony or an offense of violence if committed | 750 |
by an adult, the date of an entry dismissing the charge, an entry | 751 |
declaring a mistrial of the offense in which the person is | 752 |
discharged, an entry finding that the person or child is not | 753 |
competent to stand trial, or an entry of a nolle prosequi, or the | 754 |
date of any other determination that constitutes final resolution | 755 |
of the case; | 756 |
(e) A statement of the original charge with the section of | 757 |
the Revised Code that was alleged to be violated; | 758 |
(f) If the person or child was convicted, pleaded guilty, or | 759 |
was adjudicated a delinquent child, the sentence or terms of | 760 |
probation imposed or any other disposition of the offender or the | 761 |
delinquent child. | 762 |
If the offense involved the disarming of a law enforcement | 763 |
officer or an attempt to disarm a law enforcement officer, the | 764 |
clerk shall clearly state that fact in the summary, and the | 765 |
superintendent shall ensure that a clear statement of that fact is | 766 |
placed in the bureau's records. | 767 |
(3) The superintendent shall cooperate with and assist | 768 |
sheriffs, chiefs of police, and other law enforcement officers in | 769 |
the establishment of a complete system of criminal identification | 770 |
and in obtaining fingerprints and other means of identification of | 771 |
all persons arrested on a charge of a felony, any crime | 772 |
constituting a misdemeanor on the first offense and a felony on | 773 |
subsequent offenses, or a misdemeanor described in division | 774 |
(A)(1)(a) of section 109.572 of the Revised Code and of all | 775 |
children under eighteen years of age arrested or otherwise taken | 776 |
into custody for committing an act that would be a felony or an | 777 |
offense of violence if committed by an adult. The superintendent | 778 |
also shall file for record the fingerprint impressions of all | 779 |
persons confined in a county, multicounty, municipal, | 780 |
municipal-county, or multicounty-municipal jail or workhouse, | 781 |
community-based correctional facility, halfway house, alternative | 782 |
residential facility, or state correctional institution for the | 783 |
violation of state laws and of all children under eighteen years | 784 |
of age who are confined in a county, multicounty, municipal, | 785 |
municipal-county, or multicounty-municipal jail or workhouse, | 786 |
community-based correctional facility, halfway house, alternative | 787 |
residential facility, or state correctional institution or in any | 788 |
facility for delinquent children for committing an act that would | 789 |
be a felony or an offense of violence if committed by an adult, | 790 |
and any other information that the superintendent may receive from | 791 |
law enforcement officials of the state and its political | 792 |
subdivisions. | 793 |
(4) The superintendent shall carry out Chapter 2950. of the | 794 |
Revised Code with respect to the registration of persons who are | 795 |
convicted of or plead guilty to either a sexually oriented offense | 796 |
that is not a registration-exempt sexually oriented offense or a | 797 |
child-victim oriented offense and with respect to all other duties | 798 |
imposed on the bureau under that chapter. | 799 |
(5) The bureau shall perform centralized recordkeeping | 800 |
functions for criminal history records and services in this state | 801 |
for purposes of the national crime prevention and privacy compact | 802 |
set forth in section 109.571 of the Revised Code and is the | 803 |
criminal history record repository as defined in that section for | 804 |
purposes of that compact. The superintendent or the | 805 |
superintendent's designee is the compact officer for purposes of | 806 |
that compact and shall carry out the responsibilities of the | 807 |
compact officer specified in that compact. | 808 |
(B) The superintendent shall prepare and furnish to every | 809 |
county, multicounty, municipal, municipal-county, or | 810 |
multicounty-municipal jail or workhouse, community-based | 811 |
correctional facility, halfway house, alternative residential | 812 |
facility, or state correctional institution and to every clerk of | 813 |
a court in this state specified in division (A)(2) of this section | 814 |
standard forms for reporting the information required under | 815 |
division (A) of this section. The standard forms that the | 816 |
superintendent prepares pursuant to this division may be in a | 817 |
tangible format, in an electronic format, or in both tangible | 818 |
formats and electronic formats. | 819 |
(C) The superintendent may operate a center for electronic, | 820 |
automated, or other data processing for the storage and retrieval | 821 |
of information, data, and statistics pertaining to criminals and | 822 |
to children under eighteen years of age who are adjudicated | 823 |
delinquent children for committing an act that would be a felony | 824 |
or an offense of violence if committed by an adult, criminal | 825 |
activity, crime prevention, law enforcement, and criminal justice, | 826 |
and may establish and operate a statewide communications network | 827 |
to gather and disseminate information, data, and statistics for | 828 |
the use of law enforcement agencies. The superintendent may | 829 |
gather, store, retrieve, and disseminate information, data, and | 830 |
statistics that pertain to children who are under eighteen years | 831 |
of age and that are gathered pursuant to sections 109.57 to 109.61 | 832 |
of the Revised Code together with information, data, and | 833 |
statistics that pertain to adults and that are gathered pursuant | 834 |
to those sections. In addition to any other authorized use of | 835 |
information, data, and statistics of that nature, the | 836 |
superintendent or the superintendent's designee may provide and | 837 |
exchange the information, data, and statistics pursuant to the | 838 |
national crime prevention and privacy compact as described in | 839 |
division (A)(5) of this section. | 840 |
(D) The information and materials furnished to the | 841 |
superintendent pursuant to division (A) of this section and | 842 |
information and materials furnished to any board or person under | 843 |
division (F) or (G) of this section are not public records under | 844 |
section 149.43 of the Revised Code. | 845 |
(E) The attorney general shall adopt rules, in accordance | 846 |
with Chapter 119. of the Revised Code, setting forth the procedure | 847 |
by which a person may receive or release information gathered by | 848 |
the superintendent pursuant to division (A) of this section. A | 849 |
reasonable fee may be charged for this service. If a temporary | 850 |
employment service submits a request for a determination of | 851 |
whether a person the service plans to refer to an employment | 852 |
position has been convicted of or pleaded guilty to an offense | 853 |
listed in division (A)(1), (3), (4), (5), or (6) of section | 854 |
109.572 of the Revised Code, the request shall be treated as a | 855 |
single request and only one fee shall be charged. | 856 |
(F)(1) As used in division (F)(2) of this section, "head | 857 |
start agency" means an entity in this state that has been approved | 858 |
to be an agency for purposes of subchapter II of the "Community | 859 |
Economic Development Act," 95 Stat. 489 (1981), 42 U.S.C.A. 9831, | 860 |
as amended. | 861 |
(2)(a) In addition to or in conjunction with any request that | 862 |
is required to be made under section 109.572, 2151.86, 3301.32, | 863 |
3301.541, 3319.39, 3701.881, 5104.012, 5104.013, 5123.081, | 864 |
5126.28, 5126.281, or 5153.111 of the Revised Code, the board of | 865 |
education of any school district; the director of mental | 866 |
retardation and developmental disabilities; any county board of | 867 |
mental retardation and developmental disabilities; any entity | 868 |
under contract with a county board of mental retardation and | 869 |
developmental disabilities; the chief administrator of any | 870 |
chartered nonpublic school; the chief administrator of any home | 871 |
health agency; the chief administrator of or person operating any | 872 |
child day-care center, type A family day-care home, or type B | 873 |
family day-care home licensed or certified under Chapter 5104. of | 874 |
the Revised Code; the administrator of any type C family day-care | 875 |
home certified pursuant to Section 1 of Sub. H.B. 62 of the 121st | 876 |
general assembly or Section 5 of Am. Sub. S.B. 160 of the 121st | 877 |
general assembly; the chief administrator of any head start | 878 |
agency; or the executive director of a public children services | 879 |
agency may request that the superintendent of the bureau | 880 |
investigate and determine, with respect to any individual who has | 881 |
applied for employment in any position after October 2, 1989, or | 882 |
any individual wishing to apply for employment with a board of | 883 |
education may request, with regard to the individual, whether the | 884 |
bureau has any information gathered under division (A) of this | 885 |
section that pertains to that individual. On receipt of the | 886 |
request, the superintendent shall determine whether that | 887 |
information exists and, upon request of the person, board, or | 888 |
entity requesting information, also shall request from the federal | 889 |
bureau of investigation any criminal records it has pertaining to | 890 |
that individual. The superintendent or the superintendent's | 891 |
designee also may request criminal history records from other | 892 |
states or the federal government pursuant to the national crime | 893 |
prevention and privacy compact set forth in section 109.571 of the | 894 |
Revised Code. Within thirty days of the date that the | 895 |
superintendent receives a request, the superintendent shall send | 896 |
to the board, entity, or person a report of any information that | 897 |
the superintendent determines exists, including information | 898 |
contained in records that have been sealed under section 2953.32 | 899 |
of the Revised Code, and, within thirty days of its receipt, shall | 900 |
send the board, entity, or person a report of any information | 901 |
received from the federal bureau of investigation, other than | 902 |
information the dissemination of which is prohibited by federal | 903 |
law. | 904 |
(b) When a board of education is required to receive | 905 |
information under this section as a prerequisite to employment of | 906 |
an individual pursuant to section 3319.39 of the Revised Code, it | 907 |
may accept a certified copy of records that were issued by the | 908 |
bureau of criminal identification and investigation and that are | 909 |
presented by an individual applying for employment with the | 910 |
district in lieu of requesting that information itself. In such a | 911 |
case, the board shall accept the certified copy issued by the | 912 |
bureau in order to make a photocopy of it for that individual's | 913 |
employment application documents and shall return the certified | 914 |
copy to the individual. In a case of that nature, a district only | 915 |
shall accept a certified copy of records of that nature within one | 916 |
year after the date of their issuance by the bureau. | 917 |
(3) The state board of education may request, with respect to | 918 |
any individual who has applied for employment after October 2, | 919 |
1989, in any position with the state board or the department of | 920 |
education, any information that a school district board of | 921 |
education is authorized to request under division (F)(2) of this | 922 |
section, and the superintendent of the bureau shall proceed as if | 923 |
the request has been received from a school district board of | 924 |
education under division (F)(2) of this section. | 925 |
(4) When the superintendent of the bureau receives a request | 926 |
for information under section 3319.291 of the Revised Code, the | 927 |
superintendent shall proceed as if the request has been received | 928 |
from a school district board of education under division (F)(2) of | 929 |
this section. | 930 |
(5) When a recipient of a classroom reading improvement grant | 931 |
paid under section 3301.86 of the Revised Code requests, with | 932 |
respect to any individual who applies to participate in providing | 933 |
any program or service funded in whole or in part by the grant, | 934 |
the information that a school district board of education is | 935 |
authorized to request under division (F)(2)(a) of this section, | 936 |
the superintendent of the bureau shall proceed as if the request | 937 |
has been received from a school district board of education under | 938 |
division (F)(2)(a) of this section. | 939 |
(G) In addition to or in conjunction with any request that is | 940 |
required to be made under section | 941 |
3721.121, or 3722.151 of the Revised Code with respect to an | 942 |
individual who has applied for employment in a position that | 943 |
involves providing direct care to an older adult, the chief | 944 |
administrator of a | 945 |
946 | |
947 | |
under Chapter 3721. of the Revised Code, adult day-care program | 948 |
operated pursuant to rules adopted under section 3721.04 of the | 949 |
Revised Code, or adult care facility may request that the | 950 |
superintendent of the bureau investigate and determine, with | 951 |
respect to any individual who has applied after January 27, 1997, | 952 |
for employment in a position that does not involve providing | 953 |
direct care to an older adult, whether the bureau has any | 954 |
information gathered under division (A) of this section that | 955 |
pertains
to that individual. | 956 |
In addition to or in conjunction with any request that is | 957 |
required to be made under section 173.27 of the Revised Code with | 958 |
respect to an individual who has applied for employment in a | 959 |
position that involves providing ombudsperson services to | 960 |
residents of long-term care facilities or recipients of | 961 |
community-based long-term care services, the state long-term care | 962 |
ombudsperson, ombudsperson's designee, or director of health may | 963 |
request that the superintendent investigate and determine, with | 964 |
respect to any individual who has applied for employment in a | 965 |
position that does not involve providing such ombudsperson | 966 |
services, whether the bureau has any information gathered under | 967 |
division (A) of this section that pertains to that applicant. | 968 |
In addition to or in conjunction with any request that is | 969 |
required to be made under section 173.394 of the Revised Code with | 970 |
respect to an individual who has applied for employment in a | 971 |
position that involves providing direct care to an individual, the | 972 |
chief administrator of a community-based long-term care agency may | 973 |
request that the superintendent investigate and determine, with | 974 |
respect to any individual who has applied for employment in a | 975 |
position that does not involve providing direct care, whether the | 976 |
bureau has any information gathered under division (A) of this | 977 |
section that pertains to that applicant. | 978 |
On receipt of | 979 |
superintendent shall determine whether that information exists | 980 |
and, on request of the | 981 |
information, shall also request from the federal bureau of | 982 |
investigation any
criminal records it has pertaining to | 983 |
984 | |
superintendent's designee also may request criminal history | 985 |
records from other states or the federal government pursuant to | 986 |
the national crime prevention and privacy compact set forth in | 987 |
section 109.571 of the Revised Code. Within thirty days of the | 988 |
date a request is received, the superintendent shall send to the | 989 |
990 | |
exist, including information contained in records that have been | 991 |
sealed under section 2953.32 of the Revised Code, and, within | 992 |
thirty days of its
receipt, shall send the | 993 |
a report of any information received from the federal bureau of | 994 |
investigation, other than information the dissemination of which | 995 |
is prohibited by federal law. | 996 |
(H) Information obtained by a | 997 |
government entity or | 998 |
confidential and shall not be released or disseminated. | 999 |
(I) The superintendent may charge a reasonable fee for | 1000 |
providing information or criminal records under division (F)(2) or | 1001 |
(G) of this section. | 1002 |
Sec. 109.572. (A)(1) Upon receipt of a request pursuant to | 1003 |
section 121.08, 3301.32, 3301.541, 3319.39, 5104.012, 5104.013, or | 1004 |
5153.111 of the Revised Code, a completed form prescribed pursuant | 1005 |
to division (C)(1) of this section, and a set of fingerprint | 1006 |
impressions obtained in the manner described in division (C)(2) of | 1007 |
this section, the superintendent of the bureau of criminal | 1008 |
identification and investigation shall conduct a criminal records | 1009 |
check in the manner described in division (B) of this section to | 1010 |
determine whether any information exists that indicates that the | 1011 |
person who is the subject of the request previously has been | 1012 |
convicted of or pleaded guilty to any of the following: | 1013 |
(a) A violation of section 2903.01, 2903.02, 2903.03, | 1014 |
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, | 1015 |
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, | 1016 |
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, | 1017 |
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, | 1018 |
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25, | 1019 |
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, | 1020 |
2925.06, or 3716.11 of the Revised Code, felonious sexual | 1021 |
penetration in violation of former section 2907.12 of the Revised | 1022 |
Code, a violation of section 2905.04 of the Revised Code as it | 1023 |
existed prior to July 1, 1996, a violation of section 2919.23 of | 1024 |
the Revised Code that would have been a violation of section | 1025 |
2905.04 of the Revised Code as it existed prior to July 1, 1996, | 1026 |
had the violation been committed prior to that date, or a | 1027 |
violation of section 2925.11 of the Revised Code that is not a | 1028 |
minor drug possession offense; | 1029 |
(b) A violation of an existing or former law of this state, | 1030 |
any other state, or the United States that is substantially | 1031 |
equivalent to any of the offenses listed in division (A)(1)(a) of | 1032 |
this section. | 1033 |
(2) On receipt of a request pursuant to section 5123.081 of | 1034 |
the Revised Code with respect to an applicant for employment in | 1035 |
any position with the department of mental retardation and | 1036 |
developmental disabilities, pursuant to section 5126.28 of the | 1037 |
Revised Code with respect to an applicant for employment in any | 1038 |
position with a county board of mental retardation and | 1039 |
developmental disabilities, or pursuant to section 5126.281 of the | 1040 |
Revised Code with respect to an applicant for employment in a | 1041 |
direct services position with an entity contracting with a county | 1042 |
board for employment, a completed form prescribed pursuant to | 1043 |
division (C)(1) of this section, and a set of fingerprint | 1044 |
impressions obtained in the manner described in division (C)(2) of | 1045 |
this section, the superintendent of the bureau of criminal | 1046 |
identification and investigation shall conduct a criminal records | 1047 |
check. The superintendent shall conduct the criminal records check | 1048 |
in the manner described in division (B) of this section to | 1049 |
determine whether any information exists that indicates that the | 1050 |
person who is the subject of the request has been convicted of or | 1051 |
pleaded guilty to any of the following: | 1052 |
(a) A violation of section 2903.01, 2903.02, 2903.03, | 1053 |
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, | 1054 |
2903.341, 2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03, | 1055 |
2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, | 1056 |
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, | 1057 |
2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, | 1058 |
2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, | 1059 |
2925.03, or 3716.11 of the Revised Code; | 1060 |
(b) An existing or former municipal ordinance or law of this | 1061 |
state, any other state, or the United States that is substantially | 1062 |
equivalent to any of the offenses listed in division (A)(2)(a) of | 1063 |
this section. | 1064 |
(3) On receipt of a request pursuant to section | 1065 |
173.27, 173.394, 3712.09, 3721.121, or 3722.151 of the Revised | 1066 |
Code, a completed form prescribed pursuant to division (C)(1) of | 1067 |
this section, and a set of fingerprint impressions obtained in the | 1068 |
manner described in division (C)(2) of this section, the | 1069 |
superintendent of the bureau of criminal identification and | 1070 |
investigation shall conduct a criminal records check with respect | 1071 |
to any person who has applied for employment in a position | 1072 |
1073 | |
criminal records check is required by those sections. The | 1074 |
superintendent shall conduct the criminal records check in the | 1075 |
manner described in division (B) of this section to determine | 1076 |
whether any information exists that indicates that the person who | 1077 |
is the subject of the request previously has been convicted of or | 1078 |
pleaded guilty to any of the following: | 1079 |
(a) A violation of section 2903.01, 2903.02, 2903.03, | 1080 |
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, | 1081 |
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05, | 1082 |
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31, | 1083 |
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, | 1084 |
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21, | 1085 |
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36, | 1086 |
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13, | 1087 |
2925.22, 2925.23, or 3716.11 of the Revised Code; | 1088 |
(b) An existing or former law of this state, any other state, | 1089 |
or the United States that is substantially equivalent to any of | 1090 |
the offenses listed in division (A)(3)(a) of this section. | 1091 |
(4) On receipt of a request pursuant to section 3701.881 of | 1092 |
the Revised Code with respect to an applicant for employment with | 1093 |
a home health agency as a person responsible for the care, | 1094 |
custody, or control of a child, a completed form prescribed | 1095 |
pursuant to division (C)(1) of this section, and a set of | 1096 |
fingerprint impressions obtained in the manner described in | 1097 |
division (C)(2) of this section, the superintendent of the bureau | 1098 |
of criminal identification and investigation shall conduct a | 1099 |
criminal records check. The superintendent shall conduct the | 1100 |
criminal records check in the manner described in division (B) of | 1101 |
this section to determine whether any information exists that | 1102 |
indicates that the person who is the subject of the request | 1103 |
previously has been convicted of or pleaded guilty to any of the | 1104 |
following: | 1105 |
(a) A violation of section 2903.01, 2903.02, 2903.03, | 1106 |
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, | 1107 |
2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03, 2907.04, | 1108 |
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.21, | 1109 |
2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, | 1110 |
2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22, | 1111 |
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, | 1112 |
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code or a | 1113 |
violation of section 2925.11 of the Revised Code that is not a | 1114 |
minor drug possession offense; | 1115 |
(b) An existing or former law of this state, any other state, | 1116 |
or the United States that is substantially equivalent to any of | 1117 |
the offenses listed in division (A)(4)(a) of this section. | 1118 |
(5) On receipt of a request pursuant to section 5111.95 or | 1119 |
5111.96 of the Revised Code with respect to an applicant for | 1120 |
employment with a waiver agency participating in a department of | 1121 |
job and family services administered home and community-based | 1122 |
waiver program or an independent provider participating in a | 1123 |
department administered home and community-based waiver program in | 1124 |
a position that involves providing home and community-based waiver | 1125 |
services to consumers with disabilities, a completed form | 1126 |
prescribed pursuant to division (C)(1) of this section, and a set | 1127 |
of fingerprint impressions obtained in the manner described in | 1128 |
division (C)(2) of this section, the superintendent of the bureau | 1129 |
of criminal identification and investigation shall conduct a | 1130 |
criminal records check. The superintendent shall conduct the | 1131 |
criminal records check in the manner described in division (B) of | 1132 |
this section to determine whether any information exists that | 1133 |
indicates that the person who is the subject of the request | 1134 |
previously has been convicted of or pleaded guilty to any of the | 1135 |
following: | 1136 |
(a) A violation of section 2903.01, 2903.02, 2903.03, | 1137 |
2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, | 1138 |
2903.34, 2905.01, 2905.02, 2905.05, 2905.11, 2905.12, 2907.02, | 1139 |
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, | 1140 |
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, | 1141 |
2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2911.13, | 1142 |
2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 2913.31, 2913.40, | 1143 |
2913.43, 2913.47, 2913.51, 2919.12, 2919.24, 2919.25, 2921.36, | 1144 |
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, | 1145 |
2925.06, 2925.11, 2925.13, 2925.22, 2925.23, or 3716.11 of the | 1146 |
Revised Code, felonious sexual penetration in violation of former | 1147 |
section 2907.12 of the Revised Code, a violation of section | 1148 |
2905.04 of the Revised Code as it existed prior to July 1, 1996, a | 1149 |
violation of section 2919.23 of the Revised Code that would have | 1150 |
been a violation of section 2905.04 of the Revised Code as it | 1151 |
existed prior to July 1, 1996, had the violation been committed | 1152 |
prior to that date; | 1153 |
(b) An existing or former law of this state, any other state, | 1154 |
or the United States that is substantially equivalent to any of | 1155 |
the offenses listed in division (A)(5)(a) of this section. | 1156 |
(6) On receipt of a request pursuant to section 3701.881 of | 1157 |
the Revised Code with respect to an applicant for employment with | 1158 |
a home health agency in a position that involves providing direct | 1159 |
care to an older adult, a completed form prescribed pursuant to | 1160 |
division (C)(1) of this section, and a set of fingerprint | 1161 |
impressions obtained in the manner described in division (C)(2) of | 1162 |
this section, the superintendent of the bureau of criminal | 1163 |
identification and investigation shall conduct a criminal records | 1164 |
check. The superintendent shall conduct the criminal records check | 1165 |
in the manner described in division (B) of this section to | 1166 |
determine whether any information exists that indicates that the | 1167 |
person who is the subject of the request previously has been | 1168 |
convicted of or pleaded guilty to any of the following: | 1169 |
(a) A violation of section 2903.01, 2903.02, 2903.03, | 1170 |
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, | 1171 |
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05, | 1172 |
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31, | 1173 |
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, | 1174 |
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21, | 1175 |
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36, | 1176 |
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13, | 1177 |
2925.22, 2925.23, or 3716.11 of the Revised Code; | 1178 |
(b) An existing or former law of this state, any other state, | 1179 |
or the United States that is substantially equivalent to any of | 1180 |
the offenses listed in division (A)(6)(a) of this section. | 1181 |
(7) When conducting a criminal records check upon a request | 1182 |
pursuant to section 3319.39 of the Revised Code for an applicant | 1183 |
who is a teacher, in addition to the determination made under | 1184 |
division (A)(1) of this section, the superintendent shall | 1185 |
determine whether any information exists that indicates that the | 1186 |
person who is the subject of the request previously has been | 1187 |
convicted of or pleaded guilty to any offense specified in section | 1188 |
3319.31 of the Revised Code. | 1189 |
(8) On a request pursuant to section 2151.86 of the Revised | 1190 |
Code, a completed form prescribed pursuant to division (C)(1) of | 1191 |
this section, and a set of fingerprint impressions obtained in the | 1192 |
manner described in division (C)(2) of this section, the | 1193 |
superintendent of the bureau of criminal identification and | 1194 |
investigation shall conduct a criminal records check in the manner | 1195 |
described in division (B) of this section to determine whether any | 1196 |
information exists that indicates that the person who is the | 1197 |
subject of the request previously has been convicted of or pleaded | 1198 |
guilty to any of the following: | 1199 |
(a) A violation of section 2903.01, 2903.02, 2903.03, | 1200 |
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, | 1201 |
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, | 1202 |
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, | 1203 |
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02, | 1204 |
2909.03, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22, | 1205 |
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, | 1206 |
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code, a | 1207 |
violation of section 2905.04 of the Revised Code as it existed | 1208 |
prior to July 1, 1996, a violation of section 2919.23 of the | 1209 |
Revised Code that would have been a violation of section 2905.04 | 1210 |
of the Revised Code as it existed prior to July 1, 1996, had the | 1211 |
violation been committed prior to that date, a violation of | 1212 |
section 2925.11 of the Revised Code that is not a minor drug | 1213 |
possession offense, or felonious sexual penetration in violation | 1214 |
of former section 2907.12 of the Revised Code; | 1215 |
(b) A violation of an existing or former law of this state, | 1216 |
any other state, or the United States that is substantially | 1217 |
equivalent to any of the offenses listed in division (A)(8)(a) of | 1218 |
this section. | 1219 |
(9) When conducting a criminal records check on a request | 1220 |
pursuant to section 5104.013 of the Revised Code for a person who | 1221 |
is an owner, licensee, or administrator of a child day-care center | 1222 |
or type A family day-care home or an authorized provider of a | 1223 |
certified type B family day-care home, the superintendent, in | 1224 |
addition to the determination made under division (A)(1) of this | 1225 |
section, shall determine whether any information exists that | 1226 |
indicates that the person has been convicted of or pleaded guilty | 1227 |
to any of the following: | 1228 |
(a) A violation of section 2913.02, 2913.03, 2913.04, | 1229 |
2913.041, 2913.05, 2913.06, 2913.11, 2913.21, 2913.31, 2913.32, | 1230 |
2913.33, 2913.34, 2913.40, 2913.41, 2913.42, 2913.43, 2913.44, | 1231 |
2913.441, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49, 2921.11, | 1232 |
2921.13, or 2923.01 of the Revised Code, a violation of section | 1233 |
2923.02 or 2923.03 of the Revised Code that relates to a crime | 1234 |
specified in this division or division (A)(1)(a) of this section, | 1235 |
or a second violation of section 4511.19 of the Revised Code | 1236 |
within five years of the date of application for licensure or | 1237 |
certification. | 1238 |
(b) A violation of an existing or former law of this state, | 1239 |
any other state, or the United States that is substantially | 1240 |
equivalent to any of the offenses or violations described in | 1241 |
division (A)(9)(a) of this section. | 1242 |
(10) On receipt of a request for a criminal records check | 1243 |
from an individual pursuant to section 4749.03 or 4749.06 of the | 1244 |
Revised Code, accompanied by a completed copy of the form | 1245 |
prescribed in division (C)(1) of this section and a set of | 1246 |
fingerprint impressions obtained in a manner described in division | 1247 |
(C)(2) of this section, the superintendent of the bureau of | 1248 |
criminal identification and investigation shall conduct a criminal | 1249 |
records check in the manner described in division (B) of this | 1250 |
section to determine whether any information exists indicating | 1251 |
that the person who is the subject of the request has been | 1252 |
convicted of or pleaded guilty to a felony in this state or in any | 1253 |
other state. If the individual indicates that a firearm will be | 1254 |
carried in the course of business, the superintendent shall | 1255 |
require information from the federal bureau of investigation as | 1256 |
described in division (B)(2) of this section. The superintendent | 1257 |
shall report the findings of the criminal records check and any | 1258 |
information the federal bureau of investigation provides to the | 1259 |
director of public safety. | 1260 |
(11) Not later than thirty days after the date the | 1261 |
superintendent receives the request, completed form, and | 1262 |
fingerprint impressions, the superintendent shall send the person, | 1263 |
board, or entity that made the request any information, other than | 1264 |
information the dissemination of which is prohibited by federal | 1265 |
law, the superintendent determines exists with respect to the | 1266 |
person who is the subject of the request that indicates that the | 1267 |
person previously has been convicted of or pleaded guilty to any | 1268 |
offense listed or described in division (A)(1), (2), (3), (4), | 1269 |
(5), (6), (7), (8), (9), or (10) of this section, as appropriate. | 1270 |
The superintendent shall send the person, board, or entity that | 1271 |
made the request a copy of the list of offenses specified in | 1272 |
division (A)(1), (2), (3), (4), (5), (6), (7), (8), (9), or (10) | 1273 |
of this section, as appropriate. If the request was made under | 1274 |
section 3701.881 of the Revised Code with regard to an applicant | 1275 |
who may be both responsible for the care, custody, or control of a | 1276 |
child and involved in providing direct care to an older adult, the | 1277 |
superintendent shall provide a list of the offenses specified in | 1278 |
divisions (A)(4) and (6) of this section. | 1279 |
(B) The superintendent shall conduct any criminal records | 1280 |
check requested under section 121.08, | 1281 |
2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121, | 1282 |
3722.151, 4749.03, 4749.06, 5104.012, 5104.013, 5111.95, 5111.96, | 1283 |
5123.081, 5126.28, 5126.281, or 5153.111 of the Revised Code as | 1284 |
follows: | 1285 |
(1) The superintendent shall review or cause to be reviewed | 1286 |
any relevant information gathered and compiled by the bureau under | 1287 |
division (A) of section 109.57 of the Revised Code that relates to | 1288 |
the person who is the subject of the request, including any | 1289 |
relevant information contained in records that have been sealed | 1290 |
under section 2953.32 of the Revised Code; | 1291 |
(2) If the request received by the superintendent asks for | 1292 |
information from the federal bureau of investigation, the | 1293 |
superintendent shall request from the federal bureau of | 1294 |
investigation any information it has with respect to the person | 1295 |
who is the subject of the request and shall review or cause to be | 1296 |
reviewed any information the superintendent receives from that | 1297 |
bureau. | 1298 |
(3) The superintendent or the superintendent's designee may | 1299 |
request criminal history records from other states or the federal | 1300 |
government pursuant to the national crime prevention and privacy | 1301 |
compact set forth in section 109.571 of the Revised Code. | 1302 |
(C)(1) The superintendent shall prescribe a form to obtain | 1303 |
the information necessary to conduct a criminal records check from | 1304 |
any person for whom a criminal records check is required by | 1305 |
section 121.08, | 1306 |
3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 3722.151, 4749.03, | 1307 |
4749.06, 5104.012, 5104.013, 5111.95, 5111.96, 5123.081, 5126.28, | 1308 |
5126.281, or 5153.111 of the Revised Code. The form that the | 1309 |
superintendent prescribes pursuant to this division may be in a | 1310 |
tangible format, in an electronic format, or in both tangible and | 1311 |
electronic formats. | 1312 |
(2) The superintendent shall prescribe standard impression | 1313 |
sheets to obtain the fingerprint impressions of any person for | 1314 |
whom a criminal records check is required by section 121.08, | 1315 |
1316 | |
3701.881, 3712.09, 3721.121, 3722.151, 4749.03, 4749.06, 5104.012, | 1317 |
5104.013, 5111.95, 5111.96, 5123.081, 5126.28, 5126.281, or | 1318 |
5153.111 of the Revised Code. Any person for whom a records check | 1319 |
is required by any of those sections shall obtain the fingerprint | 1320 |
impressions at a county sheriff's office, municipal police | 1321 |
department, or any other entity with the ability to make | 1322 |
fingerprint impressions on the standard impression sheets | 1323 |
prescribed by the superintendent. The office, department, or | 1324 |
entity may charge the person a reasonable fee for making the | 1325 |
impressions. The standard impression sheets the superintendent | 1326 |
prescribes pursuant to this division may be in a tangible format, | 1327 |
in an electronic format, or in both tangible and electronic | 1328 |
formats. | 1329 |
(3) Subject to division (D) of this section, the | 1330 |
superintendent shall prescribe and charge a reasonable fee for | 1331 |
providing a criminal records check requested under section 121.08, | 1332 |
1333 | |
3701.881, 3712.09, 3721.121, 3722.151, 4749.03, 4749.06, 5104.012, | 1334 |
5104.013, 5111.95, 5111.96, 5123.081, 5126.28, 5126.281, or | 1335 |
5153.111 of the Revised Code. The person making a criminal records | 1336 |
request under section 121.08, | 1337 |
3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 3722.151, | 1338 |
4749.03, 4749.06, 5104.012, 5104.013, 5111.95, 5111.96, 5123.081, | 1339 |
5126.28, 5126.281, or 5153.111 of the Revised Code shall pay the | 1340 |
fee prescribed pursuant to this division. A person making a | 1341 |
request under section 3701.881 of the Revised Code for a criminal | 1342 |
records check for an applicant who may be both responsible for the | 1343 |
care, custody, or control of a child and involved in providing | 1344 |
direct care to an older adult shall pay one fee for the request. | 1345 |
(4) The superintendent of the bureau of criminal | 1346 |
identification and investigation may prescribe methods of | 1347 |
forwarding fingerprint impressions and information necessary to | 1348 |
conduct a criminal records check, which methods shall include, but | 1349 |
not be limited to, an electronic method. | 1350 |
(D) A determination whether any information exists that | 1351 |
indicates that a person previously has been convicted of or | 1352 |
pleaded guilty to any offense listed or described in division | 1353 |
(A)(1)(a) or (b), (A)(2)(a) or (b), (A)(3)(a) or (b), (A)(4)(a) or | 1354 |
(b), (A)(5)(a) or (b), (A)(6), (A)(7)(a) or (b), (A)(8)(a) or (b), | 1355 |
or (A)(9)(a) or (b) of this section that is made by the | 1356 |
superintendent with respect to information considered in a | 1357 |
criminal records check in accordance with this section is valid | 1358 |
for the person who is the subject of the criminal records check | 1359 |
for a period of one year from the date upon which the | 1360 |
superintendent makes the determination. During the period in which | 1361 |
the determination in regard to a person is valid, if another | 1362 |
request under this section is made for a criminal records check | 1363 |
for that person, the superintendent shall provide the information | 1364 |
that is the basis for the superintendent's initial determination | 1365 |
at a lower fee than the fee prescribed for the initial criminal | 1366 |
records check. | 1367 |
(E) As used in this section: | 1368 |
(1) "Criminal records check" means any criminal records check | 1369 |
conducted by the superintendent of the bureau of criminal | 1370 |
identification and investigation in accordance with division (B) | 1371 |
of this section. | 1372 |
(2) "Home and community-based waiver services" and "waiver | 1373 |
agency" have the same meanings as in section 5111.95 of the | 1374 |
Revised Code. | 1375 |
(3) "Independent provider" has the same meaning as in section | 1376 |
5111.96 of the Revised Code. | 1377 |
(4) "Minor drug possession offense" has the same meaning as | 1378 |
in section 2925.01 of the Revised Code. | 1379 |
(5) "Older adult" means a person age sixty or older. | 1380 |
Sec. 113.09. Except as provided in section 113.10 of the | 1381 |
Revised Code, all moneys deposited with the treasurer of state, | 1382 |
the disposition of which is not otherwise provided for by law, | 1383 |
shall be credited to the general revenue fund, which is hereby | 1384 |
created in the state treasury. If a warrant for the payment of | 1385 |
money from the state treasury has been illegally or improperly | 1386 |
issued | 1387 |
1388 | |
and payment of such warrant or excess has been made by the | 1389 |
treasurer of state, the director of budget and management shall, | 1390 |
unless the account of the appropriation from which it was paid has | 1391 |
been closed, credit the amount collected to such appropriation; | 1392 |
but,
if such account has been closed, | 1393 |
the amount so collected to the fund on which the warrant was | 1394 |
originally drawn. | 1395 |
All investment earnings on moneys deposited in the state | 1396 |
treasury shall be credited to the general revenue fund unless: | 1397 |
(A) The disposition of the earnings is otherwise provided for | 1398 |
by law; | 1399 |
(B) The director | 1400 |
plan approved under section 131.36 of the Revised Code that a | 1401 |
different fund is entitled to the earnings. | 1402 |
Sec. 113.11. No money shall be paid out of the state | 1403 |
treasury or transferred elsewhere except on the warrant of the | 1404 |
1405 | |
be paid out of a custodial fund of the treasurer of state except | 1406 |
on proper order to the treasurer of state by the officer | 1407 |
authorized by law to pay money out of the fund. | 1408 |
The treasurer of state shall adopt rules prescribing the form | 1409 |
and manner in which money may be paid out of the state treasury or | 1410 |
a custodial fund of the treasurer of state. | 1411 |
Sec. 113.12. The treasurer of state, on presentation, shall | 1412 |
pay all warrants drawn on | 1413 |
1414 | |
each month the treasurer of state shall surrender to the | 1415 |
1416 | |
shall accept the receipt of the | 1417 |
therefor. The receipt shall be held by the treasurer of state in | 1418 |
place of such warrants and as evidence of their payment until an | 1419 |
audit of the state treasury and the custodial funds of the | 1420 |
treasurer of state has been completed. | 1421 |
Sec. 120.36. (A) | 1422 |
(5), or (6) of this section, if a person who is a defendant in a | 1423 |
criminal case or a party in a case in juvenile court requests or | 1424 |
is provided a state public defender, a county or joint county | 1425 |
public defender, or any other counsel appointed by the court, the | 1426 |
court in which the criminal case is initially filed or the | 1427 |
juvenile court, whichever is applicable, shall assess, unless the | 1428 |
application fee is waived or reduced, a non-refundable application | 1429 |
fee of twenty-five dollars. | 1430 |
The court shall direct the person to pay the application fee | 1431 |
to the clerk of court. The person shall pay the application fee to | 1432 |
the clerk of court at the time the person files an affidavit of | 1433 |
indigency or a financial disclosure form with the court, a state | 1434 |
public defender, a county or joint county public defender, or any | 1435 |
other counsel appointed by the court or within seven days of that | 1436 |
date. If the person does not pay the application fee within that | 1437 |
seven-day period, the court shall assess the application fee at | 1438 |
sentencing or at the final disposition of the case. | 1439 |
| 1440 |
1441 | |
1442 | |
1443 | |
1444 | |
1445 | |
1446 | |
1447 | |
1448 | |
1449 | |
1450 | |
1451 |
(2) For purposes of this section, a criminal case includes | 1452 |
any case involving a violation of any provision of the Revised | 1453 |
Code or of an ordinance of a municipal corporation for which the | 1454 |
potential penalty includes loss of liberty and includes any | 1455 |
contempt proceeding in which a court may impose a term of | 1456 |
imprisonment. | 1457 |
(3) In a juvenile court proceeding, the court shall not | 1458 |
assess the application fee against a child if the court appoints a | 1459 |
guardian ad litem for the child or the court appoints an attorney | 1460 |
to represent the child at the request of a guardian ad litem. | 1461 |
(4) The court shall not assess an application fee for a | 1462 |
postconviction proceeding or when the defendant files an appeal. | 1463 |
(5)(a) Except when the court assesses an application fee | 1464 |
pursuant to division (A)(5)(b) of this section, the court shall | 1465 |
assess an application fee when a person is charged with a | 1466 |
violation of a community control sanction or a violation of a | 1467 |
post-release control sanction. | 1468 |
(b) If a charge of violating a community control sanction or | 1469 |
post-release control sanction described in division (A)(5)(a) of | 1470 |
this section results in a person also being charged with violating | 1471 |
any provision of the Revised Code or an ordinance of a municipal | 1472 |
corporation, the court shall only assess an application fee for | 1473 |
the case that results from the additional charge. | 1474 |
(6) If a case is transferred from one court to another court | 1475 |
and the person failed to pay the application fee to the court that | 1476 |
initially assessed the application fee, the court that initially | 1477 |
assessed the fee shall remove the assessment, and the court to | 1478 |
which the case was transferred shall assess the application fee. | 1479 |
(7) The court shall assess an application fee pursuant to | 1480 |
this section one time per case. | 1481 |
1482 | |
For purposes of assessing the application fee, a case means one | 1483 |
complete proceeding or trial held in one court for a person on an | 1484 |
indictment, information, complaint, petition, citation, writ, | 1485 |
motion, or other document initiating a case that arises out of a | 1486 |
single incident or a series of related incidents, or when one | 1487 |
individual is charged with two or more offenses that the court | 1488 |
handles simultaneously. The court may waive or reduce the fee for | 1489 |
a specific person in a specific case upon a finding that the | 1490 |
person lacks financial resources that are sufficient to pay the | 1491 |
fee or that payment of the fee would result in an undue hardship. | 1492 |
(B) No court, state public defender, county or joint county | 1493 |
public defender, or other counsel appointed by the court shall | 1494 |
deny a person the assistance of counsel solely due to the person's | 1495 |
failure to pay the application fee assessed pursuant to division | 1496 |
(A) of this section. A person's present inability, failure, or | 1497 |
refusal to pay the application fee shall not disqualify that | 1498 |
person from legal representation. | 1499 |
(C) The application fee assessed pursuant to division (A) of | 1500 |
this section is separate from and in addition to any other amount | 1501 |
assessed against a person who is found to be able to contribute | 1502 |
toward the cost of the person's legal representation pursuant to | 1503 |
division (D) of section 2941.51 of the Revised Code. | 1504 |
(D) The clerk of the court that assessed the fees shall | 1505 |
forward all application fees collected pursuant to this section to | 1506 |
the county treasurer for deposit in the county treasury. The | 1507 |
county shall retain eighty per cent of the application fees so | 1508 |
collected to offset the costs of providing legal representation to | 1509 |
indigent persons. | 1510 |
the county auditor shall remit twenty per cent of the application | 1511 |
fees so collected in the previous month to the state public | 1512 |
defender. The state public defender shall deposit the remitted | 1513 |
fees into the state treasury to the credit of the client payment | 1514 |
fund created pursuant to division (B)(5) of section 120.04 of the | 1515 |
Revised Code. The state public defender may use that money in | 1516 |
accordance with that section. | 1517 |
(E) On or before the | 1518 |
twentieth day of each month beginning in February of the year | 1519 |
2007, each clerk of court shall provide to the state public | 1520 |
defender | 1521 |
following: | 1522 |
(1) The number of persons in the previous | 1523 |
who requested or were provided a state public defender, county or | 1524 |
joint county public defender, or other counsel appointed by the | 1525 |
court; | 1526 |
(2) The number of persons in the previous | 1527 |
for whom the court waived the application fee pursuant to division | 1528 |
(A) of this section; | 1529 |
(3) The dollar value of the | 1530 |
assessed pursuant to division (A) of this section in the previous | 1531 |
1532 |
(4) The amount of assessed application fees collected in the | 1533 |
previous | 1534 |
(5) The balance of unpaid assessed application fees at the | 1535 |
open and close of the previous | 1536 |
(F) As used in this section: | 1537 |
(1) "Clerk of court" means the clerk of the court of common | 1538 |
pleas of the county, the clerk of the juvenile court of the | 1539 |
county, the clerk of the domestic relations division of the court | 1540 |
of common pleas of the county, the clerk of the probate court of | 1541 |
the county, the clerk of a municipal court in the county, the | 1542 |
clerk of a county-operated municipal court, or the clerk of a | 1543 |
county court in the county, whichever is applicable. | 1544 |
(2) "County-operated municipal court" has the same meaning as | 1545 |
in section 1901.03 of the Revised Code. | 1546 |
Sec. 120.52. There is hereby established in the state | 1547 |
treasury the legal aid fund, which shall be for the charitable | 1548 |
public purpose of providing financial assistance to legal aid | 1549 |
societies that provide civil legal services to indigents. The fund | 1550 |
shall contain all funds credited to it by the treasurer of state | 1551 |
pursuant to sections 1901.26, 1907.24, 2303.201, 3953.231, | 1552 |
4705.09,
and 4705.10 of the Revised Code | 1553 |
1554 | |
1555 |
The treasurer of state may invest moneys contained in the | 1556 |
legal aid fund in any manner authorized by the Revised Code for | 1557 |
the investment of state moneys. However, no such investment shall | 1558 |
interfere with any apportionment, allocation, or payment of moneys | 1559 |
1560 | |
120.53 of the Revised Code. | 1561 |
1562 |
The state public defender, through the Ohio legal assistance | 1563 |
foundation, shall administer the payment of moneys out of the | 1564 |
fund. Four and one-half per cent of the moneys in the fund shall | 1565 |
be reserved for the actual, reasonable costs of administering | 1566 |
sections 120.51 to 120.55 and sections 1901.26, 1907.24, 2303.201, | 1567 |
3953.231, 4705.09, and 4705.10 of the Revised Code. Moneys that | 1568 |
are reserved for administrative costs but that are not used for | 1569 |
actual, reasonable administrative costs shall be set aside for use | 1570 |
in the manner described in division (A) of section 120.521 of the | 1571 |
Revised Code. The remainder of the moneys in the legal aid fund | 1572 |
shall be distributed in accordance with section 120.53 of the | 1573 |
Revised Code. The Ohio legal assistance foundation shall | 1574 |
establish, in accordance with Chapter 119. of the Revised Code, | 1575 |
rules governing the administration of the legal aid fund, | 1576 |
including the programs established under sections 1901.26, | 1577 |
1907.24, 2303.201, 4705.09, and 4705.10 of the Revised Code | 1578 |
regarding interest on interest-bearing trust accounts of an | 1579 |
attorney, law firm, or legal professional association. | 1580 |
Sec. 120.521. (A) The state public defender shall establish | 1581 |
a charitable, tax exempt foundation, named the Ohio legal | 1582 |
assistance foundation, to actively solicit and accept gifts, | 1583 |
bequests, donations, and contributions for use in providing | 1584 |
financial assistance to legal aid societies, enhancing or | 1585 |
improving the delivery of civil legal services to indigents, and | 1586 |
operating the foundation. The Ohio legal assistance foundation | 1587 |
shall deposit all gifts, bequests, donations, and contributions | 1588 |
accepted by it into the legal assistance foundation fund | 1589 |
established under this section. If the state public defender, | 1590 |
pursuant to section 120.52 of the Revised Code as it existed prior | 1591 |
to the effective date of this section, established a charitable, | 1592 |
tax exempt foundation named the Ohio legal assistance foundation | 1593 |
and if that foundation is in existence on the day before the | 1594 |
effective date of this section, that foundation shall continue in | 1595 |
existence and shall serve as the Ohio legal assistance foundation | 1596 |
described in this section. | 1597 |
There is hereby established the legal assistance foundation | 1598 |
fund, which shall be under the custody and control of the Ohio | 1599 |
legal assistance foundation. The fund shall contain all moneys | 1600 |
distributed to the Ohio legal assistance foundation pursuant to | 1601 |
section 120.53 of the Revised Code and all gifts, bequests, | 1602 |
donations, and contributions accepted by the Ohio legal assistance | 1603 |
foundation under this section. | 1604 |
The Ohio legal assistance foundation shall distribute or use | 1605 |
all moneys in the legal assistance foundation fund for the | 1606 |
charitable public purpose of providing financial assistance to | 1607 |
legal aid societies that provide civil legal services to | 1608 |
indigents, enhancing or improving the delivery of civil legal | 1609 |
services to indigents, and operating the foundation. The Ohio | 1610 |
legal assistance foundation shall establish rules governing the | 1611 |
administration of the legal assistance foundation fund. | 1612 |
The Ohio legal assistance foundation shall include, in the | 1613 |
annual report it is required to make to the governor, the general | 1614 |
assembly, and the supreme court pursuant to division (G)(2) of | 1615 |
section 120.53 of the Revised Code, an audited financial statement | 1616 |
on the distribution and use of the legal assistance foundation | 1617 |
fund. No information contained in the statement shall identify or | 1618 |
enable the identification of any person served by a legal aid | 1619 |
society or in any way breach confidentiality. | 1620 |
(B) A foundation is tax exempt for purposes of this section | 1621 |
if the foundation is exempt from federal income taxation under | 1622 |
subsection 501(a) of the "Internal Revenue Code of 1986," 100 | 1623 |
Stat. 2085, 26 U.S.C. 501(a), as amended, and if the foundation | 1624 |
has received from the internal revenue service a determination | 1625 |
letter that is in effect stating that the foundation is exempt | 1626 |
from federal income taxation under that subsection. | 1627 |
Sec. 120.53. (A) A legal aid society that operates within | 1628 |
the state may apply to the Ohio legal assistance foundation for | 1629 |
financial assistance from the legal aid fund established by | 1630 |
section 120.52 of the Revised Code to be used for the funding of | 1631 |
the society during the calendar year following the calendar year | 1632 |
in which application is made. | 1633 |
(B) An application for financial assistance made under | 1634 |
division (A) of this section shall be submitted by the first day | 1635 |
of November of the calendar year preceding the calendar year for | 1636 |
which financial assistance is desired and shall include all of the | 1637 |
following: | 1638 |
(1) Evidence that the applicant is incorporated in this state | 1639 |
as a nonprofit corporation; | 1640 |
(2) A list of the trustees of the applicant; | 1641 |
(3) The proposed budget of the applicant for these funds for | 1642 |
the following calendar year; | 1643 |
(4) A summary of the services to be offered by the applicant | 1644 |
in the following calendar year; | 1645 |
(5) A specific description of the territory or constituency | 1646 |
served by the applicant; | 1647 |
(6) An estimate of the number of persons to be served by the | 1648 |
applicant during the following calendar year; | 1649 |
(7) A general description of the additional sources of the | 1650 |
applicant's funding; | 1651 |
(8) The amount of the applicant's total budget for the | 1652 |
calendar year in which the application is filed that it will | 1653 |
expend in that calendar year for legal services in each of the | 1654 |
counties it serves; | 1655 |
(9) A specific description of any services, programs, | 1656 |
training, and legal technical assistance to be delivered by the | 1657 |
applicant or by another person pursuant to a contract with the | 1658 |
applicant, including, but not limited to, by private attorneys or | 1659 |
through reduced fee plans, judicare panels, organized pro bono | 1660 |
programs, and mediation programs. | 1661 |
(C) The Ohio legal assistance foundation shall determine | 1662 |
whether each applicant that filed an application for financial | 1663 |
assistance under division (A) of this section in a calendar year | 1664 |
is eligible for financial assistance under this section. To be | 1665 |
eligible for such financial assistance, an applicant shall satisfy | 1666 |
the criteria for being a legal aid society and shall be in | 1667 |
compliance with the provisions of sections 120.51 to 120.55 of the | 1668 |
Revised Code and with the rules and requirements the foundation | 1669 |
establishes pursuant to section 120.52 of the Revised Code. The | 1670 |
Ohio legal assistance foundation then, on or before the fifteenth | 1671 |
day of December of the calendar year in which the application is | 1672 |
filed, shall notify each such applicant, in writing, whether it is | 1673 |
eligible for financial assistance under this section, and if it is | 1674 |
eligible, estimate the amount that will be available for that | 1675 |
applicant for each six-month distribution period, as determined | 1676 |
under division (D) of this section. | 1677 |
(D) The Ohio legal assistance foundation shall allocate | 1678 |
moneys contained in the legal aid fund | 1679 |
distribution to applicants that filed their applications in the | 1680 |
previous calendar year and | 1681 |
applicants. | 1682 |
All moneys contained in the fund on the first day of
| 1683 |
1684 | |
of the costs of administering sections 120.51 to 120.55 and | 1685 |
sections 1901.26, 1907.24, 2303.201, 3953.231, 4705.09, and | 1686 |
4705.10 of the Revised Code that are authorized by section 120.52 | 1687 |
of the Revised Code, according to this section and shall be | 1688 |
distributed accordingly | 1689 |
1690 | |
1691 | |
1692 | |
1693 | |
1694 | |
1695 | |
last day of the month following the month the moneys were | 1696 |
received. In making the allocations under this section, the moneys | 1697 |
in the fund that were generated pursuant to sections 1901.26, | 1698 |
1907.24, 2303.201, 3953.231, 4705.09, and 4705.10 of the Revised | 1699 |
Code | 1700 |
shall be apportioned as follows: | 1701 |
(1) After deduction of the amount authorized and used for | 1702 |
actual, reasonable administrative costs under section 120.52 of | 1703 |
the Revised Code: | 1704 |
(a) Five per cent of the moneys remaining in the fund shall | 1705 |
be reserved for use in the manner described in division (A) of | 1706 |
section 120.521 of the Revised Code or for distribution to legal | 1707 |
aid societies that provide assistance to special population groups | 1708 |
of their eligible clients, engage in special projects that have a | 1709 |
substantial impact on their local service area or on significant | 1710 |
segments of the state's poverty population, or provide legal | 1711 |
training or support to other legal aid societies in the state; | 1712 |
(b) After deduction of the amount described in division | 1713 |
(D)(1)(a) of this section, one and three-quarters per cent of the | 1714 |
moneys remaining in the fund shall be apportioned among entities | 1715 |
that received financial assistance from the legal aid fund prior | 1716 |
to the effective date of this amendment but that, on and after the | 1717 |
effective date of this amendment, no longer qualify as a legal aid | 1718 |
society that is eligible for financial assistance under this | 1719 |
section. | 1720 |
(c) After deduction of the amounts described in divisions | 1721 |
(D)(1)(a) and (b) of this section, fifteen per cent of the moneys | 1722 |
remaining in the fund shall be placed in the legal assistance | 1723 |
foundation fund for use in the manner described in division (A) of | 1724 |
section 120.521 of the Revised Code. | 1725 |
(2) After deduction of the actual, reasonable administrative | 1726 |
costs under section 120.52 of the Revised Code and after deduction | 1727 |
of the amounts identified in divisions (D)(1)(a), (b), and (c) of | 1728 |
this section, the remaining moneys shall be apportioned among the | 1729 |
counties that are served by eligible legal aid societies that have | 1730 |
applied for financial assistance under this section so that each | 1731 |
such county is apportioned a portion of those moneys, based upon | 1732 |
the ratio of the number of indigents who reside in that county to | 1733 |
the total number of indigents who reside in all counties of this | 1734 |
state that are served by eligible legal aid societies that have | 1735 |
applied for financial assistance under this section. Subject to | 1736 |
division (E) of this section, the moneys apportioned to a county | 1737 |
under this division then shall be allocated to the eligible legal | 1738 |
aid society that serves the county and that has applied for | 1739 |
financial assistance under this section. For purposes of this | 1740 |
division, the source of data identifying the number of indigent | 1741 |
persons who reside in a county shall be the most recent decennial | 1742 |
census figures from the United States department of commerce, | 1743 |
division of census. | 1744 |
(E) If the Ohio legal assistance foundation, in attempting to | 1745 |
make an allocation of moneys under division (D)(2) of this | 1746 |
section, determines that a county that has been apportioned money | 1747 |
under that division is served by more than one eligible legal aid | 1748 |
society that has applied for financial assistance under this | 1749 |
section, the Ohio legal assistance foundation shall allocate the | 1750 |
moneys that have been apportioned to that county under division | 1751 |
(D)(2) of this section among all eligible legal aid societies that | 1752 |
serve that county and that have applied for financial assistance | 1753 |
under this section on a pro rata basis, so that each such eligible | 1754 |
society is allocated a portion based upon the amount of its total | 1755 |
budget expended in the prior calendar year for legal services in | 1756 |
that county as compared to the total amount expended in the prior | 1757 |
calendar year for legal services in that county by all eligible | 1758 |
legal aid societies that serve that county and that have applied | 1759 |
for financial assistance under this section. | 1760 |
(F) Moneys allocated to eligible applicants under this | 1761 |
section shall be paid | 1762 |
1763 | |
the calendar year following the calendar year in which the | 1764 |
application is filed. | 1765 |
(G)(1) A legal aid society that receives financial assistance | 1766 |
in any calendar year under this section shall file an annual | 1767 |
report with the Ohio legal assistance foundation detailing the | 1768 |
number and types of cases handled, and the amount and types of | 1769 |
legal training, legal technical assistance, and other service | 1770 |
provided, by means of that financial assistance. No information | 1771 |
contained in the report shall identify or enable the | 1772 |
identification of any person served by the legal aid society or in | 1773 |
any way breach client confidentiality. | 1774 |
(2) The Ohio legal assistance foundation shall make an annual | 1775 |
report to the governor, the general assembly, and the supreme | 1776 |
court on the distribution and use of the legal aid fund. The | 1777 |
foundation also shall include in the annual report an audited | 1778 |
financial statement of all gifts, bequests, donations, | 1779 |
contributions, and other moneys the foundation receives. No | 1780 |
information contained in the report shall identify or enable the | 1781 |
identification of any person served by a legal aid society, or in | 1782 |
any way breach confidentiality. | 1783 |
(H) A legal aid society may enter into agreements for the | 1784 |
provision of services, programs, training, or legal technical | 1785 |
assistance for the legal aid society or to indigent persons. | 1786 |
Sec. 121.37. (A)(1) There is hereby created the Ohio family | 1787 |
and children first cabinet council. The council shall be composed | 1788 |
of the superintendent of public instruction and the directors of | 1789 |
youth services, job and family services, mental health, health, | 1790 |
alcohol and drug addiction services, mental retardation and | 1791 |
developmental disabilities, and budget and management. The | 1792 |
chairperson of the council shall be the governor or the governor's | 1793 |
designee and shall establish procedures for the council's internal | 1794 |
control and management. | 1795 |
(2) The purpose of the cabinet council is to help families | 1796 |
seeking government services. This section shall not be interpreted | 1797 |
or applied to usurp the role of parents, but solely to streamline | 1798 |
and coordinate existing government services for families seeking | 1799 |
assistance for their children. | 1800 |
In seeking to fulfill its purpose, the council may do any of | 1801 |
the following: | 1802 |
(a) Advise and make recommendations to the governor and | 1803 |
general assembly regarding the provision of services to children; | 1804 |
(b) Advise and assess local governments on the coordination | 1805 |
of service delivery to children; | 1806 |
(c) Hold meetings at such times and places as may be | 1807 |
prescribed by the council's procedures and maintain records of the | 1808 |
meetings, except that records identifying individual children are | 1809 |
confidential and shall be disclosed only as provided by law; | 1810 |
(d) Develop programs and projects, including pilot projects, | 1811 |
to encourage coordinated efforts at the state and local level to | 1812 |
improve the state's social service delivery system; | 1813 |
(e) Enter into contracts with and administer grants to county | 1814 |
family and children first councils, as well as other county or | 1815 |
multicounty organizations to plan and coordinate service delivery | 1816 |
between state agencies and local service providers for families | 1817 |
and children; | 1818 |
(f) Enter into contracts with and apply for grants from | 1819 |
federal agencies or private organizations; | 1820 |
(g) Enter into interagency agreements to encourage | 1821 |
coordinated efforts at the state and local level to improve the | 1822 |
state's social service delivery system. The agreements may include | 1823 |
provisions regarding the receipt, transfer, and expenditure of | 1824 |
funds; | 1825 |
(h) Identify public and private funding sources for services | 1826 |
provided to alleged or adjudicated unruly children and children | 1827 |
who are at risk of being alleged or adjudicated unruly children, | 1828 |
including regulations governing access to and use of the services; | 1829 |
(i) Collect information provided by local communities | 1830 |
regarding successful programs for prevention, intervention, and | 1831 |
treatment of unruly behavior, including evaluations of the | 1832 |
programs; | 1833 |
(j) Identify and disseminate publications regarding alleged | 1834 |
or adjudicated unruly children and children who are at risk of | 1835 |
being alleged or adjudicated unruly children and regarding | 1836 |
programs serving those types of children; | 1837 |
(k) Maintain an inventory of strategic planning facilitators | 1838 |
for use by government or nonprofit entities that serve alleged or | 1839 |
adjudicated unruly children or children who are at risk of being | 1840 |
alleged or adjudicated unruly children. | 1841 |
(3) The cabinet council shall provide for the following: | 1842 |
(a) Reviews of service and treatment plans for children for | 1843 |
which such reviews are requested; | 1844 |
(b) Assistance as the council determines to be necessary to | 1845 |
meet the needs of children referred by county family and children | 1846 |
first councils; | 1847 |
(c) Monitoring and supervision of a statewide, comprehensive, | 1848 |
coordinated, multi-disciplinary, interagency system for infants | 1849 |
and toddlers with developmental disabilities or delays and their | 1850 |
families, as established pursuant to federal grants received and | 1851 |
administered by the department of health for early intervention | 1852 |
services under the "Individuals with Disabilities Education Act of | 1853 |
2004," 20 U.S.C.A. 1400, as amended. | 1854 |
(B)(1) Each board of county commissioners shall establish a | 1855 |
county family and children first council. The board may invite any | 1856 |
local public or private agency or group that funds, advocates, or | 1857 |
provides services to children and families to have a | 1858 |
representative become a permanent or temporary member of its | 1859 |
county council. Each county council must include the following | 1860 |
individuals: | 1861 |
(a) At least three individuals who are not employed by an | 1862 |
agency represented on the council and whose families are or have | 1863 |
received services from an agency represented on the council or | 1864 |
another county's council. Where possible, the number of members | 1865 |
representing families shall be equal to twenty per cent of the | 1866 |
council's membership. | 1867 |
(b) The director of the board of alcohol, drug addiction, and | 1868 |
mental health services that serves the county, or, in the case of | 1869 |
a county that has a board of alcohol and drug addiction services | 1870 |
and a community mental health board, the directors of both boards. | 1871 |
If a board of alcohol, drug addiction, and mental health services | 1872 |
covers more than one county, the director may designate a person | 1873 |
to participate on the county's council. | 1874 |
(c) The health commissioner, or the commissioner's designee, | 1875 |
of the board of health of each city and general health district in | 1876 |
the county. If the county has two or more health districts, the | 1877 |
health commissioner membership may be limited to the commissioners | 1878 |
of the two districts with the largest populations. | 1879 |
(d) The director of the county department of job and family | 1880 |
services; | 1881 |
(e) The executive director of the public children services | 1882 |
agency; | 1883 |
(f) The superintendent of the county board of mental | 1884 |
retardation and developmental disabilities; | 1885 |
(g) The county's juvenile court judge senior in service or | 1886 |
another judge of the juvenile court designated by the | 1887 |
administrative judge or, where there is no administrative judge, | 1888 |
by the judge senior in service; | 1889 |
(h) The superintendent of the city, exempted village, or | 1890 |
local school district with the largest number of pupils residing | 1891 |
in the county, as determined by the department of education, which | 1892 |
shall notify each board of county commissioners of its | 1893 |
determination at least biennially; | 1894 |
(i) A school superintendent representing all other school | 1895 |
districts with territory in the county, as designated at a | 1896 |
biennial meeting of the superintendents of those districts; | 1897 |
(j) A representative of the municipal corporation with the | 1898 |
largest population in the county; | 1899 |
(k) The president of the board of county commissioners or an | 1900 |
individual designated by the board; | 1901 |
(l) A representative of the regional office of the department | 1902 |
of youth services; | 1903 |
(m) A representative of the county's head start agencies, as | 1904 |
defined in section 3301.32 of the Revised Code; | 1905 |
(n) A representative of the county's early intervention | 1906 |
collaborative established pursuant to the federal early | 1907 |
intervention program operated under the "Education of the | 1908 |
Handicapped Act Amendments of 1986"; | 1909 |
(o) A representative of a local nonprofit entity that funds, | 1910 |
advocates, or provides services to children and families. | 1911 |
Notwithstanding any other provision of law, the public | 1912 |
members of a county council are not prohibited from serving on the | 1913 |
council and making decisions regarding the duties of the council, | 1914 |
including those involving the funding of joint projects and those | 1915 |
outlined in the county's service coordination mechanism | 1916 |
implemented pursuant to division (C) of this section. | 1917 |
The cabinet council shall establish a state appeals process | 1918 |
to resolve disputes among the members of a county council | 1919 |
concerning whether reasonable responsibilities as members are | 1920 |
being shared. The appeals process may be accessed only by a | 1921 |
majority vote of the council members who are required to serve on | 1922 |
the council. Upon appeal, the cabinet council may order that state | 1923 |
funds for services to children and families be redirected to a | 1924 |
county's board of county commissioners. | 1925 |
(2) The purpose of the county council is to streamline and | 1926 |
coordinate existing government services for families seeking | 1927 |
services for their children. In seeking to fulfill its purpose, a | 1928 |
county council shall provide for the following: | 1929 |
(a) Referrals to the cabinet council of those children for | 1930 |
whom the county council cannot provide adequate services; | 1931 |
(b) Development and implementation of a process that annually | 1932 |
evaluates and prioritizes services, fills service gaps where | 1933 |
possible, and invents new approaches to achieve better results for | 1934 |
families and children; | 1935 |
(c) Participation in the development of a countywide, | 1936 |
comprehensive, coordinated, multi-disciplinary, interagency system | 1937 |
for infants and toddlers with developmental disabilities or delays | 1938 |
and their families, as established pursuant to federal grants | 1939 |
received and administered by the department of health for early | 1940 |
intervention services under the "Education of the Handicapped Act | 1941 |
Amendments of 1986"; | 1942 |
(d) Maintenance of an accountability system to monitor the | 1943 |
county council's progress in achieving results for families and | 1944 |
children; | 1945 |
(e) Establishment of a mechanism to ensure ongoing input from | 1946 |
a broad representation of families who are receiving services | 1947 |
within the county system. | 1948 |
(3)(a) Except as provided in division (B)(3)(b) of this | 1949 |
section, a county council shall comply with the policies, | 1950 |
procedures, and activities prescribed by the rules or interagency | 1951 |
agreements of a state department participating on the cabinet | 1952 |
council whenever the county council performs a function subject to | 1953 |
those rules or agreements. | 1954 |
(b) On application of a county council, the cabinet council | 1955 |
may grant an exemption from any rules or interagency agreements of | 1956 |
a state department participating on the council if an exemption is | 1957 |
necessary for the council to implement an alternative program or | 1958 |
approach for service delivery to families and children. The | 1959 |
application shall describe the proposed program or approach and | 1960 |
specify the rules or interagency agreements from which an | 1961 |
exemption is necessary. The cabinet council shall approve or | 1962 |
disapprove the application in accordance with standards and | 1963 |
procedures it shall adopt. If an application is approved, the | 1964 |
exemption is effective only while the program or approach is being | 1965 |
implemented, including a reasonable period during which the | 1966 |
program or approach is being evaluated for effectiveness. | 1967 |
(4)(a) Each county council shall designate an administrative | 1968 |
agent for the council from among the following public entities: | 1969 |
the board of alcohol, drug addiction, and mental health services, | 1970 |
including a board of alcohol and drug addiction or a community | 1971 |
mental health board if the county is served by separate boards; | 1972 |
the board of county commissioners; any board of health of the | 1973 |
county's city and general health districts; the county department | 1974 |
of job and family services; the county agency responsible for the | 1975 |
administration of children services pursuant to section 5153.15 of | 1976 |
the Revised Code; the county board of mental retardation and | 1977 |
developmental disabilities; any of the county's boards of | 1978 |
education or governing boards of educational service centers; or | 1979 |
the county's juvenile court. Any of the foregoing public entities, | 1980 |
other than the board of county commissioners, may decline to serve | 1981 |
as the council's administrative agent. | 1982 |
A county council's administrative agent shall serve as the | 1983 |
council's appointing authority for any employees of the council. | 1984 |
The council shall file an annual budget with its administrative | 1985 |
agent, with copies filed with the county auditor and with the | 1986 |
board of county commissioners, unless the board is serving as the | 1987 |
council's administrative agent. The council's administrative agent | 1988 |
shall ensure that all expenditures are handled in accordance with | 1989 |
policies, procedures, and activities prescribed by state | 1990 |
departments in rules or interagency agreements that are applicable | 1991 |
to the council's functions. | 1992 |
The administrative agent for a county council may do any of | 1993 |
the following on behalf of the council: | 1994 |
(i) Enter into agreements or administer contracts with public | 1995 |
or private entities to fulfill specific council business. Such | 1996 |
agreements and contracts are exempt from the competitive bidding | 1997 |
requirements of section 307.86 of the Revised Code if they have | 1998 |
been approved by the county council and they are for the purchase | 1999 |
of family and child welfare or child protection services or other | 2000 |
social or job and family services for families and children. The | 2001 |
approval of the county council is not required to exempt | 2002 |
agreements or contracts entered into under section 5139.34, | 2003 |
5139.41, or 5139.43 of the Revised Code from the competitive | 2004 |
bidding requirements of section 307.86 of the Revised Code. | 2005 |
(ii) As determined by the council, provide financial | 2006 |
stipends, reimbursements, or both, to family representatives for | 2007 |
expenses related to council activity; | 2008 |
(iii) Receive by gift, grant, devise, or bequest any moneys, | 2009 |
lands, or other property for the purposes for which the council is | 2010 |
established. The agent shall hold, apply, and dispose of the | 2011 |
moneys, lands, or other property according to the terms of the | 2012 |
gift, grant, devise, or bequest. Any interest or earnings shall be | 2013 |
treated in the same manner and are subject to the same terms as | 2014 |
the gift, grant, devise, or bequest from which it accrues. | 2015 |
(b)(i) If the county council designates the board of county | 2016 |
commissioners as its administrative agent, the board may, by | 2017 |
resolution, delegate any of its powers and duties as | 2018 |
administrative agent to an executive committee the board | 2019 |
establishes from the membership of the county council. The board | 2020 |
shall name to the executive committee at least the individuals | 2021 |
described in divisions (B)(1)(a) to (i) of this section and may | 2022 |
appoint the president of the board or another individual as the | 2023 |
chair of the executive committee. The executive committee must | 2024 |
include at least one family county council representative who does | 2025 |
not have a family member employed by an agency represented on the | 2026 |
council. | 2027 |
(ii) The executive committee may, with the approval of the | 2028 |
board, hire an executive director to assist the county council in | 2029 |
administering its powers and duties. The executive director shall | 2030 |
serve in the unclassified civil service at the pleasure of the | 2031 |
executive committee. The executive director may, with the approval | 2032 |
of the executive committee, hire other employees as necessary to | 2033 |
properly conduct the county council's business. | 2034 |
(iii) The board may require the executive committee to submit | 2035 |
an annual budget to the board for approval and may amend or repeal | 2036 |
the resolution that delegated to the executive committee its | 2037 |
authority as the county council's administrative agent. | 2038 |
(5) Two or more county councils may enter into an agreement | 2039 |
to administer their county councils jointly by creating a regional | 2040 |
family and children first council. A regional council possesses | 2041 |
the same duties and authority possessed by a county council, | 2042 |
except that the duties and authority apply regionally rather than | 2043 |
to individual counties. Prior to entering into an agreement to | 2044 |
create a regional council, the members of each county council to | 2045 |
be part of the regional council shall meet to determine whether | 2046 |
all or part of the members of each county council will serve as | 2047 |
members of the regional council. | 2048 |
(6) A board of county commissioners may approve a resolution | 2049 |
by a majority vote of the board's members that requires the county | 2050 |
council to submit a statement to the board each time the council | 2051 |
proposes to enter into an agreement, adopt a plan, or make a | 2052 |
decision, other than a decision pursuant to section 121.38 of the | 2053 |
Revised Code, that requires the expenditure of funds for two or | 2054 |
more families. The statement shall describe the proposed | 2055 |
agreement, plan, or decision. | 2056 |
Not later than fifteen days after the board receives the | 2057 |
statement, it shall, by resolution approved by a majority of its | 2058 |
members, approve or disapprove the agreement, plan, or decision. | 2059 |
Failure of the board to pass a resolution during that time period | 2060 |
shall be considered approval of the agreement, plan, or decision. | 2061 |
An agreement, plan, or decision for which a statement is | 2062 |
required to be submitted to the board shall be implemented only if | 2063 |
it is approved by the board. | 2064 |
(C) Each county shall develop a county service coordination | 2065 |
mechanism. The county service coordination mechanism shall serve | 2066 |
as the guiding document for coordination of services in the | 2067 |
county. For children who also receive services under the help me | 2068 |
grow program, the service coordination mechanism shall be | 2069 |
consistent with rules adopted by the department of health under | 2070 |
section 3701.61 of the Revised Code. All family service | 2071 |
coordination plans shall be developed in accordance with the | 2072 |
county service coordination mechanism. The mechanism shall be | 2073 |
developed and approved with the participation of the county | 2074 |
entities representing child welfare; mental retardation and | 2075 |
developmental disabilities; alcohol, drug addiction, and mental | 2076 |
health services; health; juvenile judges; education; the county | 2077 |
family and children first council; and the county early | 2078 |
intervention collaborative established pursuant to the federal | 2079 |
early intervention program operated under the "Education of the | 2080 |
Handicapped Act Amendments of 1986." The county shall establish an | 2081 |
implementation schedule for the mechanism. The cabinet council may | 2082 |
monitor the implementation and administration of each county's | 2083 |
service coordination mechanism. | 2084 |
Each mechanism shall include all of the following: | 2085 |
(1) A procedure for an agency, including a juvenile court, or | 2086 |
a family voluntarily seeking service coordination, to refer the | 2087 |
child and family to the county council for service coordination in | 2088 |
accordance with the | 2089 |
(2) A procedure ensuring that a family and all appropriate | 2090 |
staff from involved agencies, including a representative from the | 2091 |
appropriate school district, are notified of and invited to | 2092 |
participate in all family service coordination plan meetings; | 2093 |
(3) A procedure that permits a family to initiate a meeting | 2094 |
to develop or review the family's service coordination plan and | 2095 |
allows the family to invite a family advocate, mentor, or support | 2096 |
person of the family's choice to participate in any such meeting; | 2097 |
(4) A procedure for ensuring that a family service | 2098 |
coordination plan meeting is conducted | 2099 |
each child who receives service coordination under the mechanism | 2100 |
and for whom an emergency out-of-home placement | 2101 |
2102 | |
placement is being considered. The meeting shall be conducted | 2103 |
within ten days of | 2104 |
2105 | |
conducted before a nonemergency out-of-home placement. The family | 2106 |
service coordination plan shall outline how the county council | 2107 |
members will jointly pay for services, where applicable, and | 2108 |
provide services in the least restrictive environment. | 2109 |
(5) A procedure for monitoring the progress and tracking the | 2110 |
outcomes of each service coordination plan requested in the county | 2111 |
including monitoring and tracking children in out-of-home | 2112 |
placements to assure continued progress, appropriateness of | 2113 |
placement, and continuity of care after discharge from placement | 2114 |
with appropriate arrangements for housing, treatment, and | 2115 |
education. | 2116 |
(6) A procedure for protecting the confidentiality of all | 2117 |
personal family information disclosed during service coordination | 2118 |
meetings or contained in the comprehensive family service | 2119 |
coordination plan. | 2120 |
(7) A procedure for assessing the needs and strengths of any | 2121 |
child or family that has been referred to the council for service | 2122 |
coordination, including a child whose parent or custodian is | 2123 |
voluntarily seeking services, and for ensuring that parents and | 2124 |
custodians are afforded the opportunity to participate; | 2125 |
(8) A procedure for development of a family service | 2126 |
coordination plan described in division (D) of this section; | 2127 |
(9) A local dispute resolution process to serve as the | 2128 |
process that must be used first to resolve disputes among the | 2129 |
agencies represented on the county council concerning the | 2130 |
provision of services to children, including children who are | 2131 |
abused, neglected, dependent, unruly, alleged unruly, or | 2132 |
delinquent children and under the jurisdiction of the juvenile | 2133 |
court and children whose parents or custodians are voluntarily | 2134 |
seeking services. The local dispute resolution process shall | 2135 |
comply with section 121.38 of the Revised Code. The local dispute | 2136 |
resolution process shall be used to resolve disputes between a | 2137 |
child's parents or custodians and the county council regarding | 2138 |
service coordination. The county council shall inform the parents | 2139 |
or custodians of their right to use the dispute resolution | 2140 |
process. Parents or custodians shall use existing local agency | 2141 |
grievance procedures to address disputes not involving service | 2142 |
coordination. The dispute resolution process is in addition to and | 2143 |
does not replace other rights or procedures that parents or | 2144 |
custodians may have under other sections of the Revised Code. | 2145 |
The cabinet council shall adopt rules in accordance with | 2146 |
Chapter 119. of the Revised Code establishing an administrative | 2147 |
review process to address problems that arise concerning the | 2148 |
operation of a local dispute resolution process. | 2149 |
Nothing in division (C)(4) of this section shall be | 2150 |
interpreted as overriding or affecting decisions of a juvenile | 2151 |
court regarding an out-of-home placement, long-term placement, or | 2152 |
emergency out-of-home placement. | 2153 |
(D) Each county shall develop a comprehensive family service | 2154 |
coordination plan that does all of the following: | 2155 |
(1) Designates service responsibilities among the various | 2156 |
state and local agencies that provide services to children and | 2157 |
their families, including children who are abused, neglected, | 2158 |
dependent, unruly, or delinquent children and under the | 2159 |
jurisdiction of the juvenile court and children whose parents or | 2160 |
custodians are voluntarily seeking services; | 2161 |
(2) Designates an individual, approved by the family, to | 2162 |
track the progress of the family service coordination plan, | 2163 |
schedule reviews as necessary, and facilitate the family service | 2164 |
coordination plan meeting process; | 2165 |
(3) Ensures that assistance and services to be provided are | 2166 |
responsive to the strengths and needs of the family, as well as | 2167 |
the family's culture, race, and ethnic group, by allowing the | 2168 |
family to offer information and suggestions and participate in | 2169 |
decisions. Identified assistance and services shall be provided in | 2170 |
the least restrictive environment possible. | 2171 |
(4) Includes a process for dealing with a child who is | 2172 |
alleged to be an unruly child. The process shall include methods | 2173 |
to divert the child from the juvenile court system; | 2174 |
(5) Includes timelines for completion of goals specified in | 2175 |
the plan with regular reviews scheduled to monitor progress toward | 2176 |
those goals; | 2177 |
(6) Includes a plan for dealing with short-term crisis | 2178 |
situations and safety concerns. | 2179 |
(E)(1) The process provided for under division (D)(4) of this | 2180 |
section may include, but is not limited to, the following: | 2181 |
(a) Designation of the person or agency to conduct the | 2182 |
assessment of the child and the child's family as described in | 2183 |
division (C)(7) of this section and designation of the instrument | 2184 |
or instruments to be used to conduct the assessment; | 2185 |
(b) An emphasis on the personal responsibilities of the child | 2186 |
and the parental responsibilities of the parents, guardian, or | 2187 |
custodian of the child; | 2188 |
(c) Involvement of local law enforcement agencies and | 2189 |
officials. | 2190 |
(2) The method to divert a child from the juvenile court | 2191 |
system that must be included in the service coordination process | 2192 |
may include, but is not limited to, the following: | 2193 |
(a) The preparation of a complaint under section 2151.27 of | 2194 |
the Revised Code alleging that the child is an unruly child and | 2195 |
notifying the child and the parents, guardian, or custodian that | 2196 |
the complaint has been prepared to encourage the child and the | 2197 |
parents, guardian, or custodian to comply with other methods to | 2198 |
divert the child from the juvenile court system; | 2199 |
(b) Conducting a meeting with the child, the parents, | 2200 |
guardian, or custodian, and other interested parties to determine | 2201 |
the appropriate methods to divert the child from the juvenile | 2202 |
court system; | 2203 |
(c) A method to provide to the child and the child's family a | 2204 |
short-term respite from a short-term crisis situation involving a | 2205 |
confrontation between the child and the parents, guardian, or | 2206 |
custodian; | 2207 |
(d) A program to provide a mentor to the child or the | 2208 |
parents, guardian, or custodian; | 2209 |
(e) A program to provide parenting education to the parents, | 2210 |
guardian, or custodian; | 2211 |
(f) An alternative school program for children who are truant | 2212 |
from school, repeatedly disruptive in school, or suspended or | 2213 |
expelled from school; | 2214 |
(g) Other appropriate measures, including, but not limited | 2215 |
to, any alternative methods to divert a child from the juvenile | 2216 |
court system that are identified by the Ohio family and children | 2217 |
first cabinet council. | 2218 |
(F) Each county may review and revise the service | 2219 |
coordination process described in division (D) of this section | 2220 |
based on the availability of funds under Title IV-A of the "Social | 2221 |
Security Act," 110 Stat. 2113 (1996), 42 U.S.C.A. 601, as amended, | 2222 |
or to the extent resources are available from any other federal, | 2223 |
state, or local funds. | 2224 |
Sec. 122.17. (A) As used in this section: | 2225 |
(1) "Full-time employee" means an individual who is employed | 2226 |
for consideration for at least thirty-five hours a week, or who | 2227 |
renders any other standard of service generally accepted by custom | 2228 |
or specified by contract as full-time employment. | 2229 |
(2) "New employee" means one of the following: | 2230 |
(a) A full-time employee first employed by a taxpayer in the | 2231 |
project that is the subject of the agreement after the taxpayer | 2232 |
enters into a tax credit agreement with the tax credit authority | 2233 |
under this section; | 2234 |
(b) A full-time employee first employed by a taxpayer in the | 2235 |
project that is the subject of the tax credit after the tax credit | 2236 |
authority approves a project for a tax credit under this section | 2237 |
in a public meeting, as long as the taxpayer enters into the tax | 2238 |
credit agreement prepared by the department of development after | 2239 |
such meeting within sixty days after receiving the agreement from | 2240 |
the department. If the taxpayer fails to enter into the agreement | 2241 |
within sixty days, "new employee" has the same meaning as under | 2242 |
division (A)(2)(a) of this section. | 2243 |
Under division (A)(2)(a) or (b) of this section, if the tax | 2244 |
credit authority determines it appropriate, "new employee" also | 2245 |
may include an employee re-hired or called back from lay-off to | 2246 |
work in a new facility or on a new product or service established | 2247 |
or produced by the taxpayer after entering into the agreement | 2248 |
under this section or after the tax credit authority approves the | 2249 |
tax credit in a public meeting. Except as otherwise provided in | 2250 |
this paragraph, "new employee" does not include any employee of | 2251 |
the taxpayer who was previously employed in this state by a | 2252 |
related member of the taxpayer and whose employment was shifted to | 2253 |
the taxpayer after the taxpayer entered into the tax credit | 2254 |
agreement or after the tax credit authority approved the credit in | 2255 |
a public meeting, or any employee of the taxpayer for which the | 2256 |
taxpayer has been granted a certificate under division (B) of | 2257 |
section 5709.66 of the Revised Code. However, if the taxpayer is | 2258 |
engaged in the enrichment and commercialization of uranium or | 2259 |
uranium products or is engaged in research and development | 2260 |
activities related thereto and if the tax credit authority | 2261 |
determines it appropriate, "new employee" may include an employee | 2262 |
of the taxpayer who was previously employed in this state by a | 2263 |
related member of the taxpayer and whose employment was shifted to | 2264 |
the taxpayer after the taxpayer entered into the tax credit | 2265 |
agreement or after the tax credit authority approved the credit in | 2266 |
a public meeting. "New employee" does not include an employee of | 2267 |
the taxpayer who is employed in an employment position that was | 2268 |
relocated to a project from other operations of the taxpayer in | 2269 |
this state or from operations of a related member of the taxpayer | 2270 |
in this state. In addition, "new employee" does not include a | 2271 |
child, grandchild, parent, or spouse, other than a spouse who is | 2272 |
legally separated from the individual, of any individual who is an | 2273 |
employee of the taxpayer and who has a direct or indirect | 2274 |
ownership interest of at least five per cent in the profits, | 2275 |
capital, or value of the taxpayer. Such ownership interest shall | 2276 |
be determined in accordance with section 1563 of the Internal | 2277 |
Revenue Code and regulations prescribed thereunder. | 2278 |
(3) "New income tax revenue" means the total amount withheld | 2279 |
under section 5747.06 of the Revised Code by the taxpayer during | 2280 |
the taxable year, or during the calendar year that includes the | 2281 |
tax period, from the compensation of new employees for the tax | 2282 |
levied under Chapter 5747. of the Revised Code. | 2283 |
(4) "Related member" has the same meaning as under division | 2284 |
(A)(6) of section 5733.042 of the Revised Code without regard to | 2285 |
division (B) of that section. | 2286 |
(B) The tax credit authority may make grants under this | 2287 |
section to foster job creation in this state. Such a grant shall | 2288 |
take the form of a refundable credit allowed against the tax | 2289 |
imposed by section 5725.18, 5729.03, 5733.06, or 5747.02 or levied | 2290 |
under Chapter 5751. of the Revised Code. The credit shall be | 2291 |
claimed for the taxable years or tax periods specified in the | 2292 |
taxpayer's agreement with the tax credit authority under division | 2293 |
(D) of this section. With respect to taxes imposed under section | 2294 |
5733.06 or 5747.02 or Chapter 5751. of the Revised Code, the | 2295 |
credit shall be claimed in the order required under section | 2296 |
5733.98, 5747.98, or 5751.98 of the Revised Code. The amount of | 2297 |
the credit available for a taxable year or for a calendar year | 2298 |
that includes a tax period equals the new income tax revenue for | 2299 |
that year multiplied by the percentage specified in the agreement | 2300 |
with the tax credit authority. Any credit granted under this | 2301 |
section against the tax imposed by section 5733.06 or 5747.02 of | 2302 |
the Revised Code, to the extent not fully utilized against such | 2303 |
tax for taxable years ending prior to 2008, shall automatically be | 2304 |
converted without any action taken by the tax credit authority to | 2305 |
a credit against the tax levied under Chapter 5751. of the Revised | 2306 |
Code for tax periods beginning on or after July 1, 2008, provided | 2307 |
that the person to whom the credit was granted is subject to such | 2308 |
tax. The converted credit shall apply to those calendar years in | 2309 |
which the remaining taxable years specified in the agreement end. | 2310 |
(C) A taxpayer or potential taxpayer who proposes a project | 2311 |
to create new jobs in this state may apply to the tax credit | 2312 |
authority to enter into an agreement for a tax credit under this | 2313 |
section. The director of development shall prescribe the form of | 2314 |
the application. After receipt of an application, the authority | 2315 |
may enter into an agreement with the taxpayer for a credit under | 2316 |
this section if it determines all of the following: | 2317 |
(1) The taxpayer's project will create new jobs in this | 2318 |
state; | 2319 |
(2) The taxpayer's project is economically sound and will | 2320 |
benefit the people of this state by increasing opportunities for | 2321 |
employment and strengthening the economy of this state; | 2322 |
(3) Receiving the tax credit is a major factor in the | 2323 |
taxpayer's decision to go forward with the project. | 2324 |
(D) An agreement under this section shall include all of the | 2325 |
following: | 2326 |
(1) A detailed description of the project that is the subject | 2327 |
of the agreement; | 2328 |
(2) The term of the tax credit, which shall not exceed | 2329 |
fifteen years, and the first taxable year, or first calendar year | 2330 |
that includes a tax period, for which the credit may be claimed; | 2331 |
(3) A requirement that the taxpayer shall maintain operations | 2332 |
at the project location for at least twice the number of years as | 2333 |
the term of the tax credit; | 2334 |
(4) The percentage, as determined by the tax credit | 2335 |
authority, of new income tax revenue that will be allowed as the | 2336 |
amount of the credit for each taxable year or for each calendar | 2337 |
year that includes a tax period; | 2338 |
(5) A specific method for determining how many new employees | 2339 |
are employed during a taxable year or during a calendar year that | 2340 |
includes a tax period; | 2341 |
(6) A requirement that the taxpayer annually shall report to | 2342 |
the director of development the number of new employees, the new | 2343 |
income tax revenue withheld in connection with the new employees, | 2344 |
and any other information the director needs to perform the | 2345 |
director's duties under this section; | 2346 |
(7) A requirement that the director of development annually | 2347 |
shall verify the amounts reported under division (D)(6) of this | 2348 |
section, and after doing so shall issue a certificate to the | 2349 |
taxpayer stating that the amounts have been verified; | 2350 |
(8)(a) A provision requiring that the taxpayer, except as | 2351 |
otherwise provided in division (D)(8)(b) of this section, shall | 2352 |
not relocate employment positions from elsewhere in this state to | 2353 |
the project site that is the subject of the agreement for the | 2354 |
lesser of five years from the date the agreement is entered into | 2355 |
or the number of years the taxpayer is entitled to claim the tax | 2356 |
credit. | 2357 |
(b) The taxpayer may relocate employment positions from | 2358 |
elsewhere in this state to the project site that is the subject of | 2359 |
the agreement if the director of development determines both of | 2360 |
the following: | 2361 |
(i) That the site from which the employment positions would | 2362 |
be relocated is inadequate to meet market and industry conditions, | 2363 |
expansion plans, consolidation plans, or other business | 2364 |
considerations affecting the taxpayer; | 2365 |
(ii) That the legislative authority of the county, township, | 2366 |
or municipal corporation from which the employment positions would | 2367 |
be relocated has been notified of the relocation. | 2368 |
For purposes of this section, the movement of an employment | 2369 |
position from one political subdivision to another political | 2370 |
subdivision shall be considered a relocation of an employment | 2371 |
position, but the transfer of an individual employee from one | 2372 |
political subdivision to another political subdivision shall not | 2373 |
be considered a relocation of an employment position as long as | 2374 |
the individual's employment position in the first political | 2375 |
subdivision is refilled. | 2376 |
(E) If a taxpayer fails to meet or comply with any condition | 2377 |
or requirement set forth in a tax credit agreement, the tax credit | 2378 |
authority may amend the agreement to reduce the percentage or term | 2379 |
of the tax credit. The reduction of the percentage or term shall | 2380 |
take effect in the taxable year immediately following the taxable | 2381 |
year in which the authority amends the agreement or in the first | 2382 |
tax period beginning in the calendar year immediately following | 2383 |
the calendar year in which the authority amends the agreement. If | 2384 |
the taxpayer relocates employment positions in violation of the | 2385 |
provision required under division (D)(8)(a) of this section, the | 2386 |
taxpayer shall not claim the tax credit under section 5733.0610 of | 2387 |
the Revised Code for any tax years following the calendar year in | 2388 |
which the relocation occurs, or shall not claim the tax credit | 2389 |
under section 5725.32, 5729.032, or 5747.058 of the Revised Code | 2390 |
for the taxable year in which the relocation occurs and any | 2391 |
subsequent taxable years, and shall not claim the tax credit under | 2392 |
division (A) of section 5751.50 of the Revised Code for any tax | 2393 |
period in the calendar year in which the relocation occurs and any | 2394 |
subsequent tax periods. | 2395 |
(F) Projects that consist solely of point-of-final-purchase | 2396 |
retail facilities are not eligible for a tax credit under this | 2397 |
section. If a project consists of both point-of-final-purchase | 2398 |
retail facilities and nonretail facilities, only the portion of | 2399 |
the project consisting of the nonretail facilities is eligible for | 2400 |
a tax credit and only the new income tax revenue from new | 2401 |
employees of the nonretail facilities shall be considered when | 2402 |
computing the amount of the tax credit. If a warehouse facility is | 2403 |
part of a point-of-final-purchase retail facility and supplies | 2404 |
only that facility, the warehouse facility is not eligible for a | 2405 |
tax credit. Catalog distribution centers are not considered | 2406 |
point-of-final-purchase retail facilities for the purposes of this | 2407 |
division, and are eligible for tax credits under this section. | 2408 |
(G) Financial statements and other information submitted to | 2409 |
the department of development or the tax credit authority by an | 2410 |
applicant or recipient of a tax credit under this section, and any | 2411 |
information taken for any purpose from such statements or | 2412 |
information, are not public records subject to section 149.43 of | 2413 |
the Revised Code. However, the chairperson of the authority may | 2414 |
make use of the statements and other information for purposes of | 2415 |
issuing public reports or in connection with court proceedings | 2416 |
concerning tax credit agreements under this section. Upon the | 2417 |
request of the tax commissioner or, if the applicant or recipient | 2418 |
is an insurance company, upon the request of the superintendent of | 2419 |
insurance, the chairperson of the authority shall provide to the | 2420 |
commissioner or superintendent any statement or information | 2421 |
submitted by an applicant or recipient of a tax credit in | 2422 |
connection with the credit. The commissioner or superintendent | 2423 |
shall preserve the confidentiality of the statement or | 2424 |
information. | 2425 |
(H) A taxpayer claiming a credit under this section shall | 2426 |
submit to the tax commissioner or, if the taxpayer is an insurance | 2427 |
company, to the superintendent of insurance, a copy of the | 2428 |
director of development's certificate of verification under | 2429 |
division (D)(7) of this section with the taxpayer's tax report or | 2430 |
return for the taxable year or for the calendar year that includes | 2431 |
the tax period. | 2432 |
certificate with the report or return does not invalidate a claim | 2433 |
for a credit if the taxpayer submits a copy of the certificate to | 2434 |
the commissioner or superintendent within sixty days after the | 2435 |
commissioner or superintendent requests it. | 2436 |
(I) The director of development, after consultation with the | 2437 |
tax commissioner and the superintendent of insurance and in | 2438 |
accordance with Chapter 119. of the Revised Code, shall adopt | 2439 |
rules necessary to implement this section. The rules may provide | 2440 |
for recipients of tax credits under this section to be charged | 2441 |
fees to cover administrative costs of the tax credit program. At | 2442 |
the time the director gives public notice under division (A) of | 2443 |
section 119.03 of the Revised Code of the adoption of the rules, | 2444 |
the director shall submit copies of the proposed rules to the | 2445 |
chairpersons of the standing committees on economic development in | 2446 |
the senate and the house of representatives. | 2447 |
(J) For the purposes of this section, a taxpayer may include | 2448 |
a partnership, a corporation that has made an election under | 2449 |
subchapter S of chapter one of subtitle A of the Internal Revenue | 2450 |
Code, or any other business entity through which income flows as a | 2451 |
distributive share to its owners. A credit received under this | 2452 |
section by a partnership, S-corporation, or other such business | 2453 |
entity shall be apportioned among the persons to whom the income | 2454 |
or profit of the partnership, S-corporation, or other entity is | 2455 |
distributed, in the same proportions as those in which the income | 2456 |
or profit is distributed. | 2457 |
(K) If the director of development determines that a taxpayer | 2458 |
who has received a credit under this section is not complying with | 2459 |
the requirement under division (D)(3) of this section, the | 2460 |
director shall notify the tax credit authority of the | 2461 |
noncompliance. After receiving such a notice, and after giving the | 2462 |
taxpayer an opportunity to explain the noncompliance, the tax | 2463 |
credit authority may require the taxpayer to refund to this state | 2464 |
a portion of the credit in accordance with the following: | 2465 |
(1) If the taxpayer maintained operations at the project | 2466 |
location for at least one and one-half times the number of years | 2467 |
of the term of the tax credit, an amount not exceeding twenty-five | 2468 |
per cent of the sum of any previously allowed credits under this | 2469 |
section; | 2470 |
(2) If the taxpayer maintained operations at the project | 2471 |
location for at least the number of years of the term of the tax | 2472 |
credit, an amount not exceeding fifty per cent of the sum of any | 2473 |
previously allowed credits under this section; | 2474 |
(3) If the taxpayer maintained operations at the project | 2475 |
location for less than the number of years of the term of the tax | 2476 |
credit, an amount not exceeding one hundred per cent of the sum of | 2477 |
any previously allowed credits under this section. | 2478 |
In determining the portion of the tax credit to be refunded | 2479 |
to this state, the tax credit authority shall consider the effect | 2480 |
of market conditions on the taxpayer's project and whether the | 2481 |
taxpayer continues to maintain other operations in this state. | 2482 |
After making the determination, the authority shall certify the | 2483 |
amount to be refunded to the tax commissioner or superintendent of | 2484 |
insurance, as appropriate. If the amount is certified to the | 2485 |
commissioner, the commissioner shall make an assessment for that | 2486 |
amount against the taxpayer under Chapter 5733., 5747., or 5751. | 2487 |
of the Revised Code. If the amount is certified to the | 2488 |
superintendent, the superintendent shall make an assessment for | 2489 |
that amount against the taxpayer under Chapter 5725. or 5729. of | 2490 |
the Revised Code. The time limitations on assessments under those | 2491 |
chapters do not apply to an assessment under this division, but | 2492 |
the commissioner or superintendent, as appropriate, shall make the | 2493 |
assessment within one year after the date the authority certifies | 2494 |
to the commissioner or superintendent the amount to be refunded. | 2495 |
(L) On or before the thirty-first day of March each year, the | 2496 |
director of development shall submit a report to the governor, the | 2497 |
president of the senate, and the speaker of the house of | 2498 |
representatives on the tax credit program under this section. The | 2499 |
report shall include information on the number of agreements that | 2500 |
were entered into under this section during the preceding calendar | 2501 |
year, a description of the project that is the subject of each | 2502 |
such agreement, and an update on the status of projects under | 2503 |
agreements entered into before the preceding calendar year. | 2504 |
(M) There is hereby created the tax credit authority, which | 2505 |
consists of the director of development and four other members | 2506 |
appointed as follows: the governor, the president of the senate, | 2507 |
and the speaker of the house of representatives each shall appoint | 2508 |
one member who shall be a specialist in economic development; the | 2509 |
governor also shall appoint a member who is a specialist in | 2510 |
taxation. Of the initial appointees, the members appointed by the | 2511 |
governor shall serve a term of two years; the members appointed by | 2512 |
the president of the senate and the speaker of the house of | 2513 |
representatives shall serve a term of four years. Thereafter, | 2514 |
terms of office shall be for four years. Initial appointments to | 2515 |
the authority shall be made within thirty days after January 13, | 2516 |
1993. Each member shall serve on the authority until the end of | 2517 |
the term for which the member was appointed. Vacancies shall be | 2518 |
filled in the same manner provided for original appointments. Any | 2519 |
member appointed to fill a vacancy occurring prior to the | 2520 |
expiration of the term for which the member's predecessor was | 2521 |
appointed shall hold office for the remainder of that term. | 2522 |
Members may be reappointed to the authority. Members of the | 2523 |
authority shall receive their necessary and actual expenses while | 2524 |
engaged in the business of the authority. The director of | 2525 |
development shall serve as chairperson of the authority, and the | 2526 |
members annually shall elect a vice-chairperson from among | 2527 |
themselves. Three members of the authority constitute a quorum to | 2528 |
transact and vote on the business of the authority. The majority | 2529 |
vote of the membership of the authority is necessary to approve | 2530 |
any such business, including the election of the vice-chairperson. | 2531 |
The director of development may appoint a professional | 2532 |
employee of the department of development to serve as the | 2533 |
director's substitute at a meeting of the authority. The director | 2534 |
shall make the appointment in writing. In the absence of the | 2535 |
director from a meeting of the authority, the appointed substitute | 2536 |
shall serve as chairperson. In the absence of both the director | 2537 |
and the director's substitute from a meeting, the vice-chairperson | 2538 |
shall serve as chairperson. | 2539 |
(N) For purposes of the credits granted by this section | 2540 |
against the taxes imposed under sections 5725.18 and 5729.03 of | 2541 |
the Revised Code, "taxable year" means the period covered by the | 2542 |
taxpayer's annual statement to the superintendent of insurance. | 2543 |
Sec. 122.171. (A) As used in this section: | 2544 |
(1) "Capital investment project" means a plan of investment | 2545 |
at a project site for the acquisition, construction, renovation, | 2546 |
or repair of buildings, machinery, or equipment, or for | 2547 |
capitalized costs of basic research and new product development | 2548 |
determined in accordance with generally accepted accounting | 2549 |
principles, but does not include any of the following: | 2550 |
(a) Payments made for the acquisition of personal property | 2551 |
through operating leases; | 2552 |
(b) Project costs paid before January 1, 2002; | 2553 |
(c) Payments made to a related member as defined in section | 2554 |
5733.042 of the Revised Code or to an elected consolidated | 2555 |
taxpayer or a combined taxpayer as defined in section 5751.01 of | 2556 |
the Revised Code. | 2557 |
(2) "Eligible business" means a business with Ohio operations | 2558 |
satisfying all of the following: | 2559 |
(a) Employed an average of at least one thousand employees in | 2560 |
full-time employment positions at a project site during each of | 2561 |
the twelve months preceding the application for a tax credit under | 2562 |
this section; and | 2563 |
(b) On or after January 1, 2002, has made payments for the | 2564 |
capital investment project of either of the following: | 2565 |
(i) At least two hundred million dollars in the aggregate at | 2566 |
the project site during a period of three consecutive calendar | 2567 |
years including the calendar year that includes a day of the | 2568 |
taxpayer's taxable year or tax period with respect to which the | 2569 |
credit is granted; | 2570 |
(ii) If the average wage of all full-time employment | 2571 |
positions at the project site is greater than four hundred per | 2572 |
cent of the federal minimum wage, at least one hundred million | 2573 |
dollars in the aggregate at the project site during a period of | 2574 |
three consecutive calendar years including the calendar year that | 2575 |
includes a day of the taxpayer's taxable year or tax period with | 2576 |
respect to which the credit is granted. | 2577 |
(c) Is engaged at the project site primarily as a | 2578 |
manufacturer or is providing significant corporate administrative | 2579 |
functions; | 2580 |
(d) Has had a capital investment project reviewed and | 2581 |
approved by the tax credit authority as provided in divisions (C), | 2582 |
(D), and (E) of this section. | 2583 |
(3) "Full-time employment position" means a position of | 2584 |
employment for consideration for at least thirty-five hours a week | 2585 |
that has been filled for at least one hundred eighty days | 2586 |
immediately preceding the filing of an application under this | 2587 |
section and for at least one hundred eighty days during each | 2588 |
taxable year or each calendar year that includes a tax period with | 2589 |
respect to which the credit is granted. | 2590 |
(4) "Manufacturer" has the same meaning as in section | 2591 |
5739.011 of the Revised Code. | 2592 |
(5) "Project site" means an integrated complex of facilities | 2593 |
in this state, as specified by the tax credit authority under this | 2594 |
section, within a fifteen-mile radius where a taxpayer is | 2595 |
primarily operating as an eligible business. | 2596 |
(6) "Applicable corporation" means a corporation satisfying | 2597 |
all of the following: | 2598 |
(a)(i) For the entire taxable year immediately preceding the | 2599 |
tax year, the corporation develops software applications primarily | 2600 |
to provide telecommunication billing and information services | 2601 |
through outsourcing or licensing to domestic or international | 2602 |
customers. | 2603 |
(ii) Sales and licensing of software generated at least six | 2604 |
hundred million dollars in revenue during the taxable year | 2605 |
immediately preceding the tax year the corporation is first | 2606 |
entitled to claim the credit provided under division (B) of this | 2607 |
section. | 2608 |
(b) For the entire taxable year immediately preceding the tax | 2609 |
year, the corporation or one or more of its related members | 2610 |
provides customer or employee care and technical support for | 2611 |
clients through one or more contact centers within this state, and | 2612 |
the corporation and its related members together have a daily | 2613 |
average, based on a three-hundred-sixty-five-day year, of at least | 2614 |
five hundred thousand successful customer contacts through one or | 2615 |
more of their contact centers, wherever located. | 2616 |
(c) The corporation is eligible for the credit under division | 2617 |
(B) of this section for the tax year. | 2618 |
(7) "Related member" has the same meaning as in section | 2619 |
5733.042 of the Revised Code as that section existed on the | 2620 |
effective date of its amendment by Am. Sub. H.B. 215 of the 122nd | 2621 |
general assembly, September 29, 1997. | 2622 |
(8) "Successful customer contact" means a contact with an end | 2623 |
user via telephone, including interactive voice recognition or | 2624 |
similar means, where the contact culminates in a conversation or | 2625 |
connection other than a busy signal or equipment busy. | 2626 |
(9) "Telecommunications" means all forms of | 2627 |
telecommunications service as defined in section 5739.01 of the | 2628 |
Revised Code, and includes services in wireless, wireline, cable, | 2629 |
broadband, internet protocol, and satellite. | 2630 |
(10)(a) "Applicable difference" means the difference between | 2631 |
the tax for the tax year under Chapter 5733. of the Revised Code | 2632 |
applying the law in effect for that tax year, and the tax for that | 2633 |
tax year if section 5733.042 of the Revised Code applied as that | 2634 |
section existed on the effective date of its amendment by Am. Sub. | 2635 |
H.B. 215 of the 122nd general assembly, September 29, 1997, | 2636 |
subject to division (A)(10)(b) of this section. | 2637 |
(b) If the tax rate set forth in division (B) of section | 2638 |
5733.06 of the Revised Code for the tax year is less than eight | 2639 |
and one-half per cent, the tax calculated under division | 2640 |
(A)(10)(a) of this section shall be computed by substituting a tax | 2641 |
rate of eight and one-half per cent for the rate set forth in | 2642 |
division (B) of section 5733.06 of the Revised Code for the tax | 2643 |
year. | 2644 |
(c) If the resulting difference is negative, the applicable | 2645 |
tax difference for the tax year shall be zero. | 2646 |
(B) The tax credit authority created under section 122.17 of | 2647 |
the Revised Code may grant tax credits under this section for the | 2648 |
purpose of fostering job retention in this state. Upon application | 2649 |
by an eligible business and upon consideration of the | 2650 |
recommendation of the director of budget and management, tax | 2651 |
commissioner, and director of development under division (C) of | 2652 |
this section, the tax credit authority may grant to an eligible | 2653 |
business a nonrefundable credit against the tax imposed by section | 2654 |
5733.06 or 5747.02 | 2655 |
Code for a period up to fifteen taxable years and against the tax | 2656 |
levied by Chapter 5751. of the Revised Code for a period of up to | 2657 |
fifteen calendar years. The credit shall be in an amount not | 2658 |
exceeding seventy-five per cent of the Ohio income tax withheld | 2659 |
from the employees of the eligible business occupying full-time | 2660 |
employment positions at the project site during the calendar year | 2661 |
that includes the last day of such business' taxable year or tax | 2662 |
period with respect to which the credit is granted. The amount of | 2663 |
the credit shall not be based on the Ohio income tax withheld from | 2664 |
full-time employees for a calendar year prior to the calendar year | 2665 |
in which the minimum investment requirement referred to in | 2666 |
division (A)(2)(b) of this section is completed. The credit shall | 2667 |
be claimed only for the taxable years or tax periods specified in | 2668 |
the eligible business' agreement with the tax credit authority | 2669 |
under division (E) of this section, but in no event shall the | 2670 |
credit be claimed for a taxable year or tax period terminating | 2671 |
before the date specified in the agreement. Any credit granted | 2672 |
under this section against the tax imposed by section 5733.06 or | 2673 |
5747.02 of the Revised Code, to the extent not fully utilized | 2674 |
against such tax for taxable years ending prior to 2008, shall | 2675 |
automatically be converted without any action taken by the tax | 2676 |
credit authority to a credit against the tax levied under Chapter | 2677 |
5751. of the Revised Code for tax periods beginning on or after | 2678 |
July 1, 2008, provided that the person to whom the credit was | 2679 |
granted is subject to such tax. The converted credit shall apply | 2680 |
to those calendar years in which the remaining taxable years | 2681 |
specified in the agreement end. | 2682 |
The credit computed under this division is in addition to any | 2683 |
credit allowed under division (M) of this section which the tax | 2684 |
credit authority may also include in the agreement. | 2685 |
Any unused portion of a tax credit may be carried forward for | 2686 |
not more than three additional years after the year for which the | 2687 |
credit is granted. | 2688 |
(C) A taxpayer that proposes a capital investment project to | 2689 |
retain jobs in this state may apply to the tax credit authority to | 2690 |
enter into an agreement for a tax credit under this section. The | 2691 |
director of development shall prescribe the form of the | 2692 |
application. After receipt of an application, the authority shall | 2693 |
forward copies of the application to the director of budget and | 2694 |
management, the tax commissioner, and the director of development, | 2695 |
each of whom shall review the application to determine the | 2696 |
economic impact the proposed project would have on the state and | 2697 |
the affected political subdivisions and shall submit a summary of | 2698 |
their determinations and recommendations to the authority. | 2699 |
(D) Upon review of the determinations and recommendations | 2700 |
described in division (C) of this section, the tax credit | 2701 |
authority may enter into an agreement with the taxpayer for a | 2702 |
credit under this section if the authority determines all of the | 2703 |
following: | 2704 |
(1) The taxpayer's capital investment project will result in | 2705 |
the retention of full-time employment positions in this state. | 2706 |
(2) The taxpayer is economically sound and has the ability to | 2707 |
complete the proposed capital investment project. | 2708 |
(3) The taxpayer intends to and has the ability to maintain | 2709 |
operations at the project site for at least twice the term of the | 2710 |
credit. | 2711 |
(4) Receiving the credit is a major factor in the taxpayer's | 2712 |
decision to begin, continue with, or complete the project. | 2713 |
(5) The political subdivisions in which the project is | 2714 |
located have agreed to provide substantial financial support to | 2715 |
the project. | 2716 |
(E) An agreement under this section shall include all of the | 2717 |
following: | 2718 |
(1) A detailed description of the project that is the subject | 2719 |
of the agreement, including the amount of the investment, the | 2720 |
period over which the investment has been or is being made, and | 2721 |
the number of full-time employment positions at the project site. | 2722 |
(2) The method of calculating the number of full-time | 2723 |
employment positions as specified in division (A)(3) of this | 2724 |
section. | 2725 |
(3) The term and percentage of the tax credit, and the first | 2726 |
year for which the credit may be claimed. | 2727 |
(4) A requirement that the taxpayer maintain operations at | 2728 |
the project site for at least twice the number of years as the | 2729 |
term of the credit. | 2730 |
(5) A requirement that the taxpayer retain a specified number | 2731 |
of full-time employment positions at the project site and within | 2732 |
this state for the term of the credit, including a requirement | 2733 |
that the taxpayer continue to employ at least one thousand | 2734 |
employees in full-time employment positions at the project site | 2735 |
during the entire term of any agreement, subject to division | 2736 |
(E)(7) of this section. | 2737 |
(6) A requirement that the taxpayer annually report to the | 2738 |
director of development the number of full-time employment | 2739 |
positions subject to the credit, the amount of tax withheld from | 2740 |
employees in those positions, the amount of the payments made for | 2741 |
the capital investment project, and any other information the | 2742 |
director needs to perform the director's duties under this | 2743 |
section. | 2744 |
(7) A requirement that the director of development annually | 2745 |
review the annual reports of the taxpayer to verify the | 2746 |
information reported under division (E)(6) of this section and | 2747 |
compliance with the agreement. Upon verification, the director | 2748 |
shall issue a certificate to the taxpayer stating that the | 2749 |
information has been verified and identifying the amount of the | 2750 |
credit for the taxable year. Unless otherwise specified by the tax | 2751 |
credit authority in a resolution and included as part of the | 2752 |
agreement, the director shall not issue a certificate for any year | 2753 |
in which the total number of filled full-time employment positions | 2754 |
for each day of the calendar year divided by three hundred | 2755 |
sixty-five is less than ninety per cent of the full-time | 2756 |
employment positions specified in division (E)(5) of this section. | 2757 |
In determining the number of full-time employment positions, no | 2758 |
position shall be counted that is filled by an employee who is | 2759 |
included in the calculation of a tax credit under section 122.17 | 2760 |
of the Revised Code. | 2761 |
(8)(a) A provision requiring that the taxpayer, except as | 2762 |
otherwise provided in division (E)(8)(b) of this section, shall | 2763 |
not relocate employment positions from elsewhere in this state to | 2764 |
the project site that is the subject of the agreement for the | 2765 |
lesser of five years from the date the agreement is entered into | 2766 |
or the number of years the taxpayer is entitled to claim the | 2767 |
credit. | 2768 |
(b) The taxpayer may relocate employment positions from | 2769 |
elsewhere in this state to the project site that is the subject of | 2770 |
the agreement if the director of development determines both of | 2771 |
the following: | 2772 |
(i) That the site from which the employment positions would | 2773 |
be relocated is inadequate to meet market and industry conditions, | 2774 |
expansion plans, consolidation plans, or other business | 2775 |
considerations affecting the taxpayer; | 2776 |
(ii) That the legislative authority of the county, township, | 2777 |
or municipal corporation from which the employment positions would | 2778 |
be relocated has been notified of the relocation. | 2779 |
For purposes of this section, the movement of an employment | 2780 |
position from one political subdivision to another political | 2781 |
subdivision shall be considered a relocation of an employment | 2782 |
position unless the movement is confined to the project site. The | 2783 |
transfer of an individual employee from one political subdivision | 2784 |
to another political subdivision shall not be considered a | 2785 |
relocation of an employment position as long as the individual's | 2786 |
employment position in the first political subdivision is | 2787 |
refilled. | 2788 |
(9) A waiver by the taxpayer of any limitations periods | 2789 |
relating to assessments or adjustments resulting from the | 2790 |
taxpayer's failure to comply with the agreement. | 2791 |
(F) If a taxpayer fails to meet or comply with any condition | 2792 |
or requirement set forth in a tax credit agreement, the tax credit | 2793 |
authority may amend the agreement to reduce the percentage or term | 2794 |
of the credit. The reduction of the percentage or term shall take | 2795 |
effect in the taxable year immediately following the taxable year | 2796 |
in which the authority amends the agreement or in the first tax | 2797 |
period beginning in the calendar year immediately following the | 2798 |
calendar year in which the authority amends the agreement. If the | 2799 |
taxpayer relocates employment positions in violation of the | 2800 |
provision required under division (D)(8)(a) of this section, the | 2801 |
taxpayer shall not claim the tax credit under section 5733.0610 of | 2802 |
the Revised Code for any tax years following the calendar year in | 2803 |
which the relocation occurs, shall not claim the tax credit under | 2804 |
section 5747.058 of the Revised Code for the taxable year in which | 2805 |
the relocation occurs and any subsequent taxable years, and shall | 2806 |
not claim the tax credit under division (A) of section 5751.50 of | 2807 |
the Revised Code for the tax period in which the relocation occurs | 2808 |
and any subsequent tax periods. | 2809 |
(G) Financial statements and other information submitted to | 2810 |
the department of development or the tax credit authority by an | 2811 |
applicant for or recipient of a tax credit under this section, and | 2812 |
any information taken for any purpose from such statements or | 2813 |
information, are not public records subject to section 149.43 of | 2814 |
the Revised Code. However, the chairperson of the authority may | 2815 |
make use of the statements and other information for purposes of | 2816 |
issuing public reports or in connection with court proceedings | 2817 |
concerning tax credit agreements under this section. Upon the | 2818 |
request of the tax commissioner, the chairperson of the authority | 2819 |
shall provide to the commissioner any statement or other | 2820 |
information submitted by an applicant for or recipient of a tax | 2821 |
credit in connection with the credit. The commissioner shall | 2822 |
preserve the confidentiality of the statement or other | 2823 |
information. | 2824 |
(H) A taxpayer claiming a tax credit under this section shall | 2825 |
submit to the tax commissioner a copy of the director of | 2826 |
development's certificate of verification under division (E)(7) of | 2827 |
this section with the taxpayer's tax report or return for the | 2828 |
taxable year or for the calendar year that includes the tax | 2829 |
period. | 2830 |
certificate with the report or return does not invalidate a claim | 2831 |
for a credit if the taxpayer submits a copy of the certificate to | 2832 |
the commissioner within sixty days after the commissioner requests | 2833 |
it. | 2834 |
(I) For the purposes of this section, a taxpayer may include | 2835 |
a partnership, a corporation that has made an election under | 2836 |
subchapter S of chapter one of subtitle A of the Internal Revenue | 2837 |
Code, or any other business entity through which income flows as a | 2838 |
distributive share to its owners. A tax credit received under this | 2839 |
section by a partnership, S-corporation, or other such business | 2840 |
entity shall be apportioned among the persons to whom the income | 2841 |
or profit of the partnership, S-corporation, or other entity is | 2842 |
distributed, in the same proportions as those in which the income | 2843 |
or profit is distributed. | 2844 |
(J) If the director of development determines that a taxpayer | 2845 |
that received a tax credit under this section is not complying | 2846 |
with the requirement under division (E)(4) of this section, the | 2847 |
director shall notify the tax credit authority of the | 2848 |
noncompliance. After receiving such a notice, and after giving the | 2849 |
taxpayer an opportunity to explain the noncompliance, the | 2850 |
authority may terminate the agreement and require the taxpayer to | 2851 |
refund to the state all or a portion of the credit claimed in | 2852 |
previous years, as follows: | 2853 |
(1) If the taxpayer maintained operations at the project site | 2854 |
for less than the term of the credit, the amount required to be | 2855 |
refunded shall not exceed the amount of any tax credits previously | 2856 |
allowed and received under this section. | 2857 |
(2) If the taxpayer maintained operations at the project site | 2858 |
longer than the term of the credit but less than one and one-half | 2859 |
times the term of the credit, the amount required to be refunded | 2860 |
shall not exceed fifty per cent of the sum of any tax credits | 2861 |
previously allowed and received under this section. | 2862 |
(3) If the taxpayer maintained operations at the project site | 2863 |
for at least one and one-half times the term of the credit but | 2864 |
less than twice the term of the credit, the amount required to be | 2865 |
refunded shall not exceed twenty-five per cent of the sum of any | 2866 |
tax credits previously allowed and received under this section. | 2867 |
In determining the portion of the credit to be refunded to | 2868 |
this state, the authority shall consider the effect of market | 2869 |
conditions on the taxpayer's project and whether the taxpayer | 2870 |
continues to maintain other operations in this state. After making | 2871 |
the determination, the authority shall certify the amount to be | 2872 |
refunded to the tax commissioner. The commissioner shall make an | 2873 |
assessment for that amount against the taxpayer under Chapter | 2874 |
5733., 5747., or 5751. of the Revised Code. The time limitations | 2875 |
on assessments under those chapters do not apply to an assessment | 2876 |
under this division, but the commissioner shall make the | 2877 |
assessment within one year after the date the authority certifies | 2878 |
to the commissioner the amount to be refunded. | 2879 |
If the director of development determines that a taxpayer | 2880 |
that received a tax credit under this section has reduced the | 2881 |
number of employees agreed to under division (E)(5) of this | 2882 |
section by more than ten per cent, the director shall notify the | 2883 |
tax credit authority of the noncompliance. After receiving such | 2884 |
notice, and after providing the taxpayer an opportunity to explain | 2885 |
the noncompliance, the authority may amend the agreement to reduce | 2886 |
the percentage or term of the tax credit. The reduction in the | 2887 |
percentage or term shall take effect in the taxable year, or in | 2888 |
the calendar year that includes the tax period, in which the | 2889 |
authority amends the agreement. | 2890 |
(K) The director of development, after consultation with the | 2891 |
tax commissioner and in accordance with Chapter 119. of the | 2892 |
Revised Code, shall adopt rules necessary to implement this | 2893 |
section. The rules may provide for recipients of tax credits under | 2894 |
this section to be charged fees to cover administrative costs of | 2895 |
the tax credit program. At the time the director gives public | 2896 |
notice under division (A) of section 119.03 of the Revised Code of | 2897 |
the adoption of the rules, the director shall submit copies of the | 2898 |
proposed rules to the chairpersons of the standing committees on | 2899 |
economic development in the senate and the house of | 2900 |
representatives. | 2901 |
(L) On or before the thirty-first day of March of each year, | 2902 |
the director of development shall submit a report to the governor, | 2903 |
the president of the senate, and the speaker of the house of | 2904 |
representatives on the tax credit program under this section. The | 2905 |
report shall include information on the number of agreements that | 2906 |
were entered into under this section during the preceding calendar | 2907 |
year, a description of the project that is the subject of each | 2908 |
such agreement, and an update on the status of projects under | 2909 |
agreements entered into before the preceding calendar year. | 2910 |
(M)(1) A nonrefundable credit shall be allowed to an | 2911 |
applicable corporation and its related members in an amount equal | 2912 |
to the applicable difference. The credit is in addition to the | 2913 |
credit granted to the corporation or related members under | 2914 |
division (B) of this section. The credit is subject to divisions | 2915 |
(B) to (E) and division (J) of this section. | 2916 |
(2) A person qualifying as an applicable corporation under | 2917 |
this section for a tax year does not necessarily qualify as an | 2918 |
applicable corporation for any other tax year. No person is | 2919 |
entitled to the credit allowed under division (M) of this section | 2920 |
for the tax year immediately following the taxable year during | 2921 |
which the person fails to meet the requirements in divisions | 2922 |
(A)(6)(a)(i) and (A)(6)(b) of this section. No person is entitled | 2923 |
to the credit allowed under division (M) of this section for any | 2924 |
tax year for which the person is not eligible for the credit | 2925 |
provided under division (B) of this section. | 2926 |
Sec. 122.72. (A) There is hereby created the minority | 2927 |
development financing advisory board to assist in carrying out the | 2928 |
programs created pursuant to sections 122.71 to | 2929 |
the Revised Code. | 2930 |
(B) The board shall consist of ten members. The director of | 2931 |
development or the director's designee shall be a voting member on | 2932 |
the board. Seven members shall be appointed by the governor with | 2933 |
the advice and consent of the senate and selected because of their | 2934 |
knowledge of and experience in industrial, business, and | 2935 |
commercial financing, suretyship, construction, and their | 2936 |
understanding of the problems of minority business enterprises; | 2937 |
one member also shall be a member of the senate and appointed by | 2938 |
the president of the senate, and one member also shall be a member | 2939 |
of the house of representatives and appointed by the speaker of | 2940 |
the house of representatives. With respect to the board, all of | 2941 |
the following apply: | 2942 |
(1) Not more than four of the members of the board appointed | 2943 |
by the governor shall be of the same political party. | 2944 |
(2) Each member shall hold office from the date of the | 2945 |
member's appointment until the end of the term for which the | 2946 |
member was appointed. | 2947 |
(3) The terms of office for the seven members appointed by | 2948 |
the governor shall be for seven years, commencing on the first day | 2949 |
of October and ending on the thirtieth day of September of the | 2950 |
seventh year, except that of the original seven members, three | 2951 |
shall be appointed for three years and two shall be appointed for | 2952 |
five years. | 2953 |
(4) Any member of the board is eligible for reappointment. | 2954 |
(5) Any member appointed to fill a vacancy occurring prior to | 2955 |
the expiration of the term for which the member's predecessor was | 2956 |
appointed shall hold office for the remainder of the predecessor's | 2957 |
term. | 2958 |
(6) Any member shall continue in office subsequent to the | 2959 |
expiration date of the member's term until the member's successor | 2960 |
takes office, or until a period of sixty days has elapsed, | 2961 |
whichever occurs first. | 2962 |
(7) Before entering upon official duties as a member of the | 2963 |
board, each member shall take an oath as provided by Section 7 of | 2964 |
Article XV, Ohio Constitution. | 2965 |
(8) The governor may, at any time, remove any member | 2966 |
appointed by the governor pursuant to section 3.04 of the Revised | 2967 |
Code. | 2968 |
(9) Notwithstanding section 101.26 of the Revised Code, | 2969 |
members shall receive their necessary and actual expenses while | 2970 |
engaged in the business of the board and shall be paid at the per | 2971 |
diem rate of step 1 of pay range 31 of section 124.15 of the | 2972 |
Revised Code. | 2973 |
(10) Six members of the board constitute a quorum and the | 2974 |
affirmative vote of six members is necessary for any action taken | 2975 |
by the board. | 2976 |
(11) In the event of the absence of a member appointed by the | 2977 |
president of the senate or by the speaker of the house of | 2978 |
representatives, either of the following persons may serve in the | 2979 |
member's absence: | 2980 |
(a) The president of the senate or the speaker of the house | 2981 |
of representatives, whoever appointed the absent member; | 2982 |
(b) A member of the senate or of the house of representatives | 2983 |
of the same political party as the absent member, as designated by | 2984 |
the president of the senate or the speaker of the house of | 2985 |
representatives, whoever appointed the absent member. | 2986 |
(12) The board shall annually elect one of its members as | 2987 |
chairperson and another as vice-chairperson. | 2988 |
Sec. 122.73. (A) The minority development financing advisory | 2989 |
board and the director of development are invested with the powers | 2990 |
and duties provided in sections 122.71 to
| 2991 |
Revised Code, in order to promote the welfare of the people of the | 2992 |
state by encouraging the establishment and expansion of minority | 2993 |
business enterprises; to stabilize the economy; to provide | 2994 |
employment; to assist in the development within the state of | 2995 |
industrial, commercial, distribution, and research activities | 2996 |
required for the people of the state, and for their gainful | 2997 |
employment; or otherwise to create or preserve jobs and employment | 2998 |
opportunities, or improve the economic welfare of the people of | 2999 |
the state. It is hereby determined that the accomplishment of | 3000 |
those purposes is essential so that the people of the state may | 3001 |
maintain their present high standards of living in comparison with | 3002 |
the people of other states and so that opportunities for | 3003 |
employment and for favorable markets for the products of the | 3004 |
state's natural resources, agriculture, and manufacturing shall be | 3005 |
improved. It further is determined that it is necessary for the | 3006 |
state to establish the programs authorized under sections 122.71 | 3007 |
to | 3008 |
development financing advisory board, and to invest it and the | 3009 |
director of development with the powers and duties provided in | 3010 |
sections 122.71 to | 3011 |
(B) The minority development financing advisory board shall | 3012 |
do all of the following: | 3013 |
(1) Make recommendations to the director as to applications | 3014 |
for assistance
pursuant to sections 122.71 to | 3015 |
Revised Code. The board may revise its recommendations to reflect | 3016 |
any changes in the proposed assistance made by the director. | 3017 |
(2) Advise the director in the administration of sections | 3018 |
122.71 to | 3019 |
(3) Adopt bylaws to govern the conduct of the business of the | 3020 |
board. | 3021 |
Sec. 122.74. (A)(1) The director of development shall do all | 3022 |
of the following: | 3023 |
(a) Receive applications for assistance under sections 122.71 | 3024 |
to 122.89 of the Revised Code and applications from surety | 3025 |
companies for bond guarantees under section 122.90 of the Revised | 3026 |
Code, and, after processing but subject to division (A)(2) of this | 3027 |
section, forward them to the minority development financing | 3028 |
advisory board together with necessary supporting information; | 3029 |
(b) Receive the recommendations of the board and make a final | 3030 |
determination whether to approve the application for assistance; | 3031 |
(c) Receive recommendations from a regional economic | 3032 |
development entity for loans made under section 122.76 of the | 3033 |
Revised Code and make a final determination, notwithstanding | 3034 |
divisions (A)(1) and (2) of this section, whether to approve the | 3035 |
proposed loan; | 3036 |
(d) Transmit the director's determinations to approve | 3037 |
assistance to the controlling board unless such assistance falls | 3038 |
under section 122.90 of the Revised Code and has been previously | 3039 |
approved by the controlling board, together with any information | 3040 |
the controlling board requires for its review and decision as to | 3041 |
whether to approve the assistance. | 3042 |
(2) The director is not required to submit any determination, | 3043 |
data, terms, or any other application materials or information to | 3044 |
the minority development financing advisory board when provision | 3045 |
of the assistance has been recommended to the director by a | 3046 |
regional economic development entity or when an application for a | 3047 |
surety company for bond guarantees under section 122.90 of the | 3048 |
Revised Code has been previously approved by the controlling | 3049 |
board. | 3050 |
(B) The director may do all of the following: | 3051 |
(1) Fix the rate of interest and charges to be made upon or | 3052 |
with respect to moneys loaned or guaranteed by the director and | 3053 |
the terms upon which mortgages and lease rentals may be guaranteed | 3054 |
and the rates of charges to be made for them and make provisions | 3055 |
for the operation of the funds established by the director in | 3056 |
accordance with this section and sections 122.80, 122.88, and | 3057 |
122.90 of the Revised Code; | 3058 |
(2) Loan and guarantee moneys from the fund established in | 3059 |
accordance with section 122.80 of the Revised Code pursuant to and | 3060 |
in compliance with sections 122.71 to 122.90 of the Revised Code. | 3061 |
(3) Acquire in the name of the director any property of any | 3062 |
kind or character in accordance with sections 122.71 to 122.90 of | 3063 |
the Revised Code, by purchase, purchase at foreclosure, or | 3064 |
exchange on such terms and in such manner as the director | 3065 |
considers proper; | 3066 |
(4) Make and enter into all contracts and agreements | 3067 |
necessary or incidental to the performance of the director's | 3068 |
duties and the exercise of the director's powers under sections | 3069 |
122.71 to 122.90 of the Revised Code; | 3070 |
(5) Maintain, protect, repair, improve, and insure any | 3071 |
property that the director has acquired and dispose of it by sale, | 3072 |
exchange, or lease for the consideration and on the terms and in | 3073 |
the manner as the director considers proper, but the director | 3074 |
shall not operate any such property as a business except as the | 3075 |
lessor of it; | 3076 |
(6)(a) When the cost of any contract for the maintenance, | 3077 |
protection, repair, or improvement of any property held by the | 3078 |
director, other than compensation for personal services, involves | 3079 |
an expenditure of more than fifty thousand dollars, the director | 3080 |
shall make a written contract with the lowest responsive and | 3081 |
responsible bidder in accordance with section 9.312 of the Revised | 3082 |
Code after advertisement for not less than two consecutive weeks | 3083 |
in a newspaper of general circulation in the county where such | 3084 |
contract, or some substantial part of it, is to be performed, and | 3085 |
in such other publications as the director determines, which | 3086 |
notice shall state the general character of the work and the | 3087 |
general character of the materials to be furnished, the place | 3088 |
where plans and specifications therefor may be examined, and the | 3089 |
time and place of receiving bids. | 3090 |
(b) Each bid for a contract for the construction, demolition, | 3091 |
alteration, repair, or reconstruction of an improvement shall | 3092 |
contain the full name of every person interested in it and meet | 3093 |
the requirements of section 153.54 of the Revised Code. | 3094 |
(c) Each bid for a contract, except as provided in division | 3095 |
(B)(6)(b) of this section, shall contain the full name of every | 3096 |
person interested in it and shall be accompanied by bond or | 3097 |
certified check on a solvent bank, in such amount as the director | 3098 |
considers sufficient, that if the bid is accepted a contract will | 3099 |
be entered into and the performance of the proposal secured. | 3100 |
(d) The director may reject any and all bids. | 3101 |
(e) A bond with good and sufficient surety, approved by the | 3102 |
director, shall be required of every contractor awarded a contract | 3103 |
except as provided in division (B)(6)(b) of this section, in an | 3104 |
amount equal to at least fifty per cent of the contract price, | 3105 |
conditioned upon faithful performance of the contract. | 3106 |
(7) Employ or contract with financial consultants, | 3107 |
appraisers, consulting engineers, superintendents, managers, | 3108 |
construction and accounting experts, attorneys, and other | 3109 |
employees and agents as are necessary in the director's judgment | 3110 |
and fix their compensation; | 3111 |
(8) Receive and accept grants, gifts, and contributions of | 3112 |
money, property, labor, and other things of value to be held, | 3113 |
used, and applied only for the purpose for which the grants, | 3114 |
gifts, and contributions are made, from individuals, private and | 3115 |
public corporations, from the United States or any agency thereof, | 3116 |
from the state or any agency thereof, and from any political | 3117 |
subdivision of the state, and may agree to repay any contribution | 3118 |
of money or to return any property contributed or the value | 3119 |
thereof at such times, in amounts, and on terms and conditions, | 3120 |
excluding the payment of interest, as the director determines at | 3121 |
the time the contribution is made, and may evidence the | 3122 |
obligations by notes, bonds, or other written instruments; | 3123 |
(9) Establish with the treasurer of state the funds provided | 3124 |
in sections 122.80 and 122.88 of the Revised Code in addition to | 3125 |
such funds as the director determines are necessary or proper; | 3126 |
(10) Adopt rules under Chapter 119. of the Revised Code | 3127 |
necessary to implement sections 122.71 to 122.90 of the Revised | 3128 |
Code. | 3129 |
(11) Do all acts and things necessary or proper to carry out | 3130 |
the powers expressly granted and the duties imposed in sections | 3131 |
122.71 to 122.90 of the Revised Code. | 3132 |
(C)(1) All expenses and obligations incurred by the director | 3133 |
in carrying out the director's powers and in exercising the | 3134 |
director's duties under sections 122.71 to 122.90 of the Revised | 3135 |
Code shall be payable solely from revenues or other receipts or | 3136 |
income of the director, from grants, gifts, and contributions, or | 3137 |
funds established in accordance with such sections. Such sections | 3138 |
do not authorize the director to incur indebtedness or to impose | 3139 |
liability on the state or any political subdivision of the state. | 3140 |
(2) Financial statements and other data submitted to the | 3141 |
director by any corporation, partnership, or person in connection | 3142 |
with financial assistance provided under sections 122.71 to 122.90 | 3143 |
of the Revised Code, or any information taken from such statements | 3144 |
or data for any purpose, shall not be open to public inspection. | 3145 |
Sec. 122.90. (A) The director of development may guarantee | 3146 |
bonds executed by sureties for minority businesses and EDGE | 3147 |
business enterprises certified under section 123.152 of the | 3148 |
Revised Code as principals on contracts with the state, any | 3149 |
political subdivision or instrumentality, or any person as the | 3150 |
obligee. The director, as guarantor, may exercise all the rights | 3151 |
and powers of a company authorized by the department of insurance | 3152 |
to guarantee bonds under Chapter 3929. of the Revised Code but | 3153 |
otherwise is not subject to any laws related to a guaranty company | 3154 |
under Title XXXIX of the Revised Code nor to any rules of the | 3155 |
department of insurance. | 3156 |
(B) The director shall adopt rules under Chapter 119. of the | 3157 |
Revised Code to establish procedures for the application for bond | 3158 |
guarantees and the review and approval of applications for bond | 3159 |
guarantees submitted by sureties that execute bonds eligible for | 3160 |
guarantees under division (A) of this section. | 3161 |
(C) In accordance with rules adopted pursuant to this | 3162 |
section, the director may guarantee up to ninety per cent of the | 3163 |
loss incurred and paid by sureties on bonds guaranteed under | 3164 |
division (A) of this section. | 3165 |
(D) The penal sum amounts of all outstanding guarantees made | 3166 |
by the director under this section shall not exceed three times | 3167 |
the difference between the amount of moneys in the minority | 3168 |
business bonding fund and available to the fund under division (B) | 3169 |
of section 169.05 of the Revised Code and the amount of all | 3170 |
outstanding bonds issued by the director in accordance with | 3171 |
division (A) of section 122.89 of the Revised Code. | 3172 |
(E) The director of development, with controlling board | 3173 |
approval, may approve one application per fiscal year from each | 3174 |
surety bond company for bond guarantees in an amount requested to | 3175 |
support one fiscal year of that company's activity under this | 3176 |
section. A surety bond company that applies for a bond guarantee | 3177 |
under this division, whether or not the guarantee is approved, is | 3178 |
not restricted from also applying for individual bond guarantees | 3179 |
under division (A) of this section. | 3180 |
Sec. 124.09. The director of administrative services shall | 3181 |
do all of the following: | 3182 |
(A) Prescribe, amend, and enforce administrative rules for | 3183 |
the purpose of carrying out the functions, powers, and duties | 3184 |
vested in and imposed upon the director by this chapter. Except | 3185 |
in the case of rules adopted pursuant to section 124.14 of the | 3186 |
Revised Code, the prescription, amendment, and enforcement of | 3187 |
rules under this division are subject to approval, disapproval, or | 3188 |
modification by the state personnel board of review. | 3189 |
(B) Keep records of the director's proceedings and records of | 3190 |
all applications for examinations and all examinations conducted | 3191 |
by the director. All such records, except examinations and | 3192 |
recommendations of former employers, shall be open to public | 3193 |
inspection under reasonable regulations; provided the governor, or | 3194 |
any person designated by the governor, may, for the purpose of | 3195 |
investigation, have free access to all such records, whenever the | 3196 |
governor has reason to believe that this chapter, or the | 3197 |
administrative rules of the director prescribed under such | 3198 |
sections, are being violated. | 3199 |
(C) Prepare, continue, and keep in the office of the | 3200 |
department a complete roster of all persons in the classified | 3201 |
service who are paid directly by warrant of the | 3202 |
director of budget and management. This roster shall be open to | 3203 |
public inspection at all reasonable hours. It shall show in | 3204 |
reference to each of those persons, the person's name, address, | 3205 |
date of appointment to or employment in the classified service, | 3206 |
and salary or compensation, the title of the place or office that | 3207 |
the person holds, the nature of the duties of that place or | 3208 |
office, and, in case of the person's removal or resignation, the | 3209 |
date of the termination of that service. | 3210 |
(D) Approve the establishment of all new positions in the | 3211 |
civil service of the state and the reestablishment of abolished | 3212 |
positions. | 3213 |
(E) Require the abolishment of any position in the civil | 3214 |
service of the state that is not filled after a period of twelve | 3215 |
months unless it is determined that the position is seasonal in | 3216 |
nature or that the vacancy is otherwise justified. | 3217 |
(F) Make investigations concerning all matters touching the | 3218 |
enforcement and effect of this chapter and the administrative | 3219 |
rules of the director of administrative services prescribed under | 3220 |
this chapter. In the course of such investigations, the director | 3221 |
or the director's deputy may administer oaths and affirmations and | 3222 |
take testimony relative to any matter which the director has | 3223 |
authority to investigate. | 3224 |
(G) Have the power to subpoena and require the attendance and | 3225 |
testimony of witnesses and the production of books, papers, public | 3226 |
records, and other documentary evidence pertinent to the | 3227 |
investigations, inquiries, or hearings on any matter which the | 3228 |
director has authority to investigate, inquire into or hear, and | 3229 |
to examine them in relation to any matter which the director has | 3230 |
authority to investigate, inquire into, or hear. Fees shall be | 3231 |
allowed to witnesses, and on their certificate, duly audited, | 3232 |
shall be paid by the treasurer of state, or in the case of | 3233 |
municipal or civil service township civil service commissions by | 3234 |
the county treasurer, for attendance and traveling, as is provided | 3235 |
in section 2335.06 of the Revised Code for witnesses in courts of | 3236 |
record. All officers in the civil service of the state or any of | 3237 |
the political subdivisions thereof and their deputies, clerks, and | 3238 |
employees shall attend and testify when summoned to do so by the | 3239 |
director or the state personnel board of review. Depositions of | 3240 |
witnesses may be taken by the director or the board, or any member | 3241 |
thereof, in the manner prescribed by law for like depositions in | 3242 |
civil actions in the courts of common pleas. In case any person, | 3243 |
in disobedience to any subpoena issued by the director or the | 3244 |
board, or any member thereof, or the chief examiner, fails or | 3245 |
refuses to attend and testify to any matter regarding which the | 3246 |
person may be lawfully interrogated, or produce any documentary | 3247 |
evidence pertinent to any investigation, inquiry, or hearing, the | 3248 |
court of common pleas of any county, or any judge thereof, where | 3249 |
such disobedience, failure, or refusal occurs, upon application of | 3250 |
the director or the board, or any member thereof, or a municipal | 3251 |
or civil service township civil service commission, or any | 3252 |
commissioner thereof, or their chief examiner, shall compel | 3253 |
obedience by attachment proceedings for contempt as in the case of | 3254 |
disobedience of the requirements of a subpoena issued from such | 3255 |
courts or a refusal to testify therein. | 3256 |
(H) Make a report to the governor, on or before the first day | 3257 |
of January of each year, showing the director's actions, the rules | 3258 |
and all exceptions thereto in force, and any recommendations for | 3259 |
the more effectual accomplishment of the purposes of this chapter. | 3260 |
The director shall also furnish any special reports to the | 3261 |
governor whenever the governor requests them. Such reports shall | 3262 |
be printed for public distribution under the same regulations as | 3263 |
are the reports of other state officers, boards, or commissions. | 3264 |
Sec. 124.11. The civil service of the state and the several | 3265 |
counties, cities, civil service townships, city health districts, | 3266 |
general health districts, and city school districts thereof shall | 3267 |
be divided into the unclassified service and the classified | 3268 |
service. | 3269 |
(A) The unclassified service shall comprise the following | 3270 |
positions, which shall not be included in the classified service, | 3271 |
and which shall be exempt from all examinations required by this | 3272 |
chapter: | 3273 |
(1) All officers elected by popular vote or persons appointed | 3274 |
to fill vacancies in such offices; | 3275 |
(2) All election officers as defined in section 3501.01 of | 3276 |
the Revised Code; | 3277 |
(3) The members of all boards and commissions, and heads of | 3278 |
principal departments, boards, and commissions appointed by the | 3279 |
governor or by and with the governor's consent; and the members of | 3280 |
all boards and commissions and all heads of departments appointed | 3281 |
by the mayor, or, if there is no mayor, such other similar chief | 3282 |
appointing authority of any city or city school district; except | 3283 |
as otherwise provided in division (A)(17) or (C) of this section, | 3284 |
this chapter does not exempt the chiefs of police departments and | 3285 |
chiefs of fire departments of cities or civil service townships | 3286 |
from the competitive classified service; | 3287 |
(4) The members of county or district licensing boards or | 3288 |
commissions and boards of revision, and deputy county auditors; | 3289 |
(5) All officers and employees elected or appointed by either | 3290 |
or both branches of the general assembly, and such employees of | 3291 |
the city legislative authority as are engaged in legislative | 3292 |
duties; | 3293 |
(6) All commissioned, warrant, and noncommissioned officers | 3294 |
and enlisted persons in the Ohio organized militia, including | 3295 |
military appointees in the adjutant general's department; | 3296 |
(7)(a) All presidents, business managers, administrative | 3297 |
officers, superintendents, assistant superintendents, principals, | 3298 |
deans, assistant deans, instructors, teachers, and such employees | 3299 |
as are engaged in educational or research duties connected with | 3300 |
the public school system, colleges, and universities, as | 3301 |
determined by the governing body of the public school system, | 3302 |
colleges, and universities; | 3303 |
(b) The library staff of any library in the state supported | 3304 |
wholly or in part at public expense. | 3305 |
(8) Four clerical and administrative support employees for | 3306 |
each of the elective state officers; and three clerical and | 3307 |
administrative support employees for other elective officers and | 3308 |
each of the principal appointive executive officers, boards, or | 3309 |
commissions, except for civil service commissions, that are | 3310 |
authorized to appoint such clerical and administrative support | 3311 |
employees; | 3312 |
(9) The deputies and assistants of state agencies authorized | 3313 |
to act for and on behalf of the agency, or holding a fiduciary or | 3314 |
administrative relation to that agency and those persons employed | 3315 |
by and directly responsible to elected county officials or a | 3316 |
county administrator and holding a fiduciary or administrative | 3317 |
relationship to such elected county officials or county | 3318 |
administrator, and the employees of such county officials whose | 3319 |
fitness would be impracticable to determine by competitive | 3320 |
examination, provided that division (A)(9) of this section shall | 3321 |
not affect those persons in county employment in the classified | 3322 |
service as of September 19, 1961. Nothing in division (A)(9) of | 3323 |
this section applies to any position in a county department of job | 3324 |
and family services created pursuant to Chapter 329. of the | 3325 |
Revised Code. | 3326 |
(10) Bailiffs, constables, official stenographers, and | 3327 |
commissioners of courts of record, deputies of clerks of the | 3328 |
courts of common pleas who supervise, or who handle public moneys | 3329 |
or secured documents, and such officers and employees of courts of | 3330 |
record and such deputies of clerks of the courts of common pleas | 3331 |
as the director of administrative services finds it impracticable | 3332 |
to determine their fitness by competitive examination; | 3333 |
(11) Assistants to the attorney general, special counsel | 3334 |
appointed or employed by the attorney general, assistants to | 3335 |
county prosecuting attorneys, and assistants to city directors of | 3336 |
law; | 3337 |
(12) Such teachers and employees in the agricultural | 3338 |
experiment stations; such students in normal schools, colleges, | 3339 |
and universities of the state who are employed by the state or a | 3340 |
political subdivision of the state in student or intern | 3341 |
classifications; and such unskilled labor positions as the | 3342 |
director of administrative services or any municipal civil service | 3343 |
commission may find it impracticable to include in the competitive | 3344 |
classified service; provided such exemptions shall be by order of | 3345 |
the commission or the director, duly entered on the record of the | 3346 |
commission or the director with the reasons for each such | 3347 |
exemption; | 3348 |
(13) Any physician or dentist who is a full-time employee of | 3349 |
the department of mental health or the department of mental | 3350 |
retardation and developmental disabilities or of an institution | 3351 |
under the jurisdiction of either department; and physicians who | 3352 |
are in residency programs at the institutions; | 3353 |
(14) Up to twenty positions at each institution under the | 3354 |
jurisdiction of the department of mental health or the department | 3355 |
of mental retardation and developmental disabilities that the | 3356 |
department director determines to be primarily administrative or | 3357 |
managerial; and up to fifteen positions in any division of either | 3358 |
department, excluding administrative assistants to the director | 3359 |
and division chiefs, which are within the immediate staff of a | 3360 |
division chief and which the director determines to be primarily | 3361 |
and distinctively administrative and managerial; | 3362 |
(15) Noncitizens of the United States employed by the state, | 3363 |
or its counties or cities, as physicians or nurses who are duly | 3364 |
licensed to practice their respective professions under the laws | 3365 |
of Ohio, or medical assistants, in mental or chronic disease | 3366 |
hospitals, or institutions; | 3367 |
(16) Employees of the governor's office; | 3368 |
(17) Fire chiefs and chiefs of police in civil service | 3369 |
townships appointed by boards of township trustees under section | 3370 |
505.38 or 505.49 of the Revised Code; | 3371 |
(18) Executive directors, deputy directors, and program | 3372 |
directors employed by boards of alcohol, drug addiction, and | 3373 |
mental health services under Chapter 340. of the Revised Code, and | 3374 |
secretaries of the executive directors, deputy directors, and | 3375 |
program directors; | 3376 |
(19) Superintendents, and management employees as defined in | 3377 |
section 5126.20 of the Revised Code, of county boards of mental | 3378 |
retardation and developmental disabilities; | 3379 |
(20) Physicians, nurses, and other employees of a county | 3380 |
hospital who are appointed pursuant to sections 339.03 and 339.06 | 3381 |
of the Revised Code; | 3382 |
(21) The executive director of the state medical board, who | 3383 |
is appointed pursuant to division (B) of section 4731.05 of the | 3384 |
Revised Code; | 3385 |
(22) County directors of job and family services as provided | 3386 |
in section 329.02 of the Revised Code and administrators appointed | 3387 |
under section 329.021 of the Revised Code; | 3388 |
(23) A director of economic development who is hired pursuant | 3389 |
to division (A) of section 307.07 of the Revised Code; | 3390 |
(24) Chiefs of construction and compliance, of operations and | 3391 |
maintenance, and of licensing and certification in the division of | 3392 |
industrial compliance in the department of commerce; | 3393 |
(25) The executive director of a county transit system | 3394 |
appointed under division (A) of section 306.04 of the Revised | 3395 |
Code; | 3396 |
(26) Up to five positions at each of the administrative | 3397 |
departments listed in section 121.02 of the Revised Code and at | 3398 |
the department of taxation, department of the adjutant general, | 3399 |
department of education, Ohio board of regents, bureau of workers' | 3400 |
compensation, industrial commission, state lottery commission, and | 3401 |
public utilities commission of Ohio that the head of that | 3402 |
administrative department or of that other state agency determines | 3403 |
to be involved in policy development and implementation. The head | 3404 |
of the administrative department or other state agency shall set | 3405 |
the compensation for employees in these positions at a rate that | 3406 |
is not less than the minimum compensation specified in pay range | 3407 |
41 but not more than the maximum compensation specified in pay | 3408 |
range 44 of salary schedule E-2 in section 124.152 of the Revised | 3409 |
Code. The authority to establish positions in the unclassified | 3410 |
service under division (A)(26) of this section is in addition to | 3411 |
and does not limit any other authority that an administrative | 3412 |
department or state agency has under the Revised Code to establish | 3413 |
positions, appoint employees, or set compensation. | 3414 |
(27) Employees of the department of agriculture employed | 3415 |
under section 901.09 of the Revised Code; | 3416 |
(28) For cities, counties, civil service townships, city | 3417 |
health districts, general health districts, and city school | 3418 |
districts, the deputies and assistants of elective or principal | 3419 |
executive officers authorized to act for and in the place of their | 3420 |
principals or holding a fiduciary relation to their principals; | 3421 |
(29) Employees who receive external interim, intermittent, or | 3422 |
temporary appointments under division (B) of section 124.30 of the | 3423 |
Revised Code; | 3424 |
(30) Employees appointed to administrative staff positions | 3425 |
for which an appointing authority is given specific statutory | 3426 |
authority to set compensation; | 3427 |
(31) Employees appointed to highway patrol cadet or highway | 3428 |
patrol cadet candidate classifications. | 3429 |
(B) The classified service shall comprise all persons in the | 3430 |
employ of the state and the several counties, cities, city health | 3431 |
districts, general health districts, and city school districts | 3432 |
thereof, not specifically included in the unclassified service. | 3433 |
Upon the creation by the board of trustees of a civil service | 3434 |
township civil service commission, the classified service shall | 3435 |
also comprise, except as otherwise provided in division (A)(17) or | 3436 |
(C) of this section, all persons in the employ of civil service | 3437 |
township police or fire departments having ten or more full-time | 3438 |
paid employees. The classified service consists of two classes, | 3439 |
which shall be designated as the competitive class and the | 3440 |
unskilled labor class. | 3441 |
(1) The competitive class shall include all positions and | 3442 |
employments in the state and the counties, cities, city health | 3443 |
districts, general health districts, and city school districts | 3444 |
thereof, and upon the creation by the board of trustees of a civil | 3445 |
service township of a township civil service commission all | 3446 |
positions in civil service township police or fire departments | 3447 |
having ten or more full-time paid employees, for which it is | 3448 |
practicable to determine the merit and fitness of applicants by | 3449 |
competitive examinations. Appointments shall be made to, or | 3450 |
employment shall be given in, all positions in the competitive | 3451 |
class that are not filled by promotion, reinstatement, transfer, | 3452 |
or reduction, as provided in this chapter, and the rules of the | 3453 |
director of administrative services, by appointment from those | 3454 |
certified to the appointing officer in accordance with this | 3455 |
chapter. | 3456 |
(2) The unskilled labor class shall include ordinary | 3457 |
unskilled laborers. Vacancies in the labor class shall be filled | 3458 |
by appointment from lists of applicants registered by the | 3459 |
director. The director or the commission, by rule, shall require | 3460 |
an applicant for registration in the labor class to furnish such | 3461 |
evidence or take such tests as the director considers proper with | 3462 |
respect to age, residence, physical condition, ability to labor, | 3463 |
honesty, sobriety, industry, capacity, and experience in the work | 3464 |
or employment for which application is made. Laborers who fulfill | 3465 |
the requirements shall be placed on the eligible list for the kind | 3466 |
of labor or employment sought, and preference shall be given in | 3467 |
employment in accordance with the rating received from such | 3468 |
evidence or in such tests. Upon the request of an appointing | 3469 |
officer, stating the kind of labor needed, the pay and probable | 3470 |
length of employment, and the number to be employed, the director | 3471 |
shall certify from the highest on the list double the number to be | 3472 |
employed; from this number the appointing officer shall appoint | 3473 |
the number actually needed for the particular work. If more than | 3474 |
one applicant receives the same rating, priority in time of | 3475 |
application shall determine the order in which their names shall | 3476 |
be certified for appointment. | 3477 |
(C) A municipal or civil service township civil service | 3478 |
commission may place volunteer firefighters who are paid on a | 3479 |
fee-for-service basis in either the classified or the unclassified | 3480 |
civil service. | 3481 |
(D) This division does not apply to persons in the | 3482 |
unclassified service who have the right to resume positions in the | 3483 |
classified service under sections 4121.121, 5119.071, 5120.07, | 3484 |
5120.38, 5120.381, 5120.382, 5123.08, 5139.02, and 5501.19 of the | 3485 |
Revised Code. | 3486 |
An appointing authority whose employees are paid directly by | 3487 |
warrant of the | 3488 |
may appoint a person who holds a certified position in the | 3489 |
classified service within the appointing authority's agency to a | 3490 |
position in the unclassified service within that agency. A person | 3491 |
appointed pursuant to this division to a position in the | 3492 |
unclassified service shall retain the right to resume the position | 3493 |
and status held by the person in the classified service | 3494 |
immediately prior to the person's appointment to the position in | 3495 |
the unclassified service, regardless of the number of positions | 3496 |
the person held in the unclassified service. Reinstatement to a | 3497 |
position in the classified service shall be to a position | 3498 |
substantially equal to that position in the classified service | 3499 |
held previously, as certified by the director of administrative | 3500 |
services. If the position the person previously held in the | 3501 |
classified service has been placed in the unclassified service or | 3502 |
is otherwise unavailable, the person shall be appointed to a | 3503 |
position in the classified service within the appointing | 3504 |
authority's agency that the director of administrative services | 3505 |
certifies is comparable in compensation to the position the person | 3506 |
previously held in the classified service. Service in the position | 3507 |
in the unclassified service shall be counted as service in the | 3508 |
position in the classified service held by the person immediately | 3509 |
prior to the person's appointment to the position in the | 3510 |
unclassified service. When a person is reinstated to a position in | 3511 |
the classified service as provided in this division, the person is | 3512 |
entitled to all rights, status, and benefits accruing to the | 3513 |
position in the classified service during the person's time of | 3514 |
service in the position in the unclassified service. | 3515 |
Sec. 124.137. There is hereby created in the state treasury | 3516 |
the parental leave benefit fund. The director of administrative | 3517 |
services shall use moneys credited to the fund solely for the | 3518 |
payment of parental leave benefits available to employees paid by | 3519 |
warrant of the | 3520 |
and for payment of any direct and indirect costs that are | 3521 |
attributable to consultants or a third-party administrator and | 3522 |
that are necessary to administer this section. All investment | 3523 |
earnings of the parental leave fund shall be credited to the fund. | 3524 |
The director of administrative services, in consultation with | 3525 |
the director of budget and management, shall determine a rate at | 3526 |
which the payrolls of all state agencies with employees paid by | 3527 |
warrant of the | 3528 |
shall be charged each pay period that is sufficient to cover the | 3529 |
costs of administering the parental leave benefit program. The | 3530 |
rate shall be based on the total number of such employees and may | 3531 |
be adjusted as the director of administrative services, in | 3532 |
consultation with the director of budget and management, considers | 3533 |
necessary. All money collected from the assessment shall be | 3534 |
credited to the parental leave benefit fund. | 3535 |
Sec. 124.138. The director of administrative services may | 3536 |
establish paid leaves and employee benefits for eligible full-time | 3537 |
fire fighters employed by the adjutant general's department that | 3538 |
are comparable to paid leaves and employee benefits provided to | 3539 |
other full-time permanent employees paid directly by warrant of | 3540 |
the | 3541 |
leaves and employee benefits established under this section shall | 3542 |
be limited to fire fighters regularly scheduled to work at least | 3543 |
one hundred four hours per biweekly pay period and shall be | 3544 |
adjusted so that the ratio between the hours worked and the paid | 3545 |
leave hours earned shall be the same as the ratio between the | 3546 |
hours worked and the paid leave hours earned by full-time | 3547 |
permanent employees with the same amount of accrued service. The | 3548 |
director of administrative services shall adopt rules in | 3549 |
accordance with Chapter 119. of the Revised Code governing any | 3550 |
paid leaves and employee benefits established under this section. | 3551 |
Sec. 124.139. (A) A full-time state employee shall receive up | 3552 |
to two hundred forty hours of leave with pay during each calendar | 3553 |
year to use during those hours when the employee is absent from | 3554 |
work because of the employee's donation of any portion of an adult | 3555 |
liver or because of the employee's donation of an adult kidney. | 3556 |
(B) A full-time state employee shall receive up to fifty-six | 3557 |
hours of leave with pay during each calendar year to use during | 3558 |
those hours when the employee is absent from work because of the | 3559 |
employee's donation of adult bone marrow. | 3560 |
(C) An appointing authority shall compensate a full-time | 3561 |
state employee who uses leave granted under division (A) or (B) of | 3562 |
this section at the employee's regular rate of pay for those | 3563 |
regular work hours during which the employee is absent from work. | 3564 |
(D)(1) The director of administrative services, under section | 3565 |
124.04 of the Revised Code, shall provide information about this | 3566 |
section to full-time employees who are paid directly by warrant of | 3567 |
the | 3568 |
(2) The appointing authority of full-time employees who are | 3569 |
not paid
directly by warrant of the | 3570 |
budget and management shall periodically provide information about | 3571 |
this section to those employees. | 3572 |
Sec. 124.14. (A)(1) The director of administrative services | 3573 |
shall establish, and may modify or repeal, by rule, a job | 3574 |
classification plan for all positions, offices, and employments | 3575 |
the salaries of which are paid in whole or in part by the state. | 3576 |
The director shall group jobs within a classification so that the | 3577 |
positions are similar enough in duties and responsibilities to be | 3578 |
described by the same title, to have the same pay assigned with | 3579 |
equity, and to have the same qualifications for selection applied. | 3580 |
The director shall, by rule, assign a classification title to each | 3581 |
classification within the classification plan. However, the | 3582 |
director shall consider in establishing classifications, including | 3583 |
classifications with parenthetical titles, and assigning pay | 3584 |
ranges such factors as duties performed only on one shift, special | 3585 |
skills in short supply in the labor market, recruitment problems, | 3586 |
separation rates, comparative salary rates, the amount of training | 3587 |
required, and other conditions affecting employment. The director | 3588 |
shall describe the duties and responsibilities of the class and | 3589 |
establish the qualifications for being employed in that position, | 3590 |
and shall file with the secretary of state a copy of | 3591 |
specifications for all of the classifications. The director shall | 3592 |
file new, additional, or revised specifications with the secretary | 3593 |
of state before being used. | 3594 |
The director shall, by rule, assign each classification, | 3595 |
either on a statewide basis or in particular counties or state | 3596 |
institutions, to a pay range established under section 124.15 or | 3597 |
section 124.152 of the Revised Code. The director may assign a | 3598 |
classification to a pay range on a temporary basis for a period of | 3599 |
time designated in the rule. The director may establish, by rule | 3600 |
adopted under Chapter 119. of the Revised Code, experimental | 3601 |
classification plans for some or all employees paid directly by | 3602 |
warrant of the | 3603 |
The rule shall include specifications for each classification | 3604 |
within the plan and shall specifically address compensation | 3605 |
ranges, and methods for advancing within the ranges, for the | 3606 |
classifications, which may be assigned to pay ranges other than | 3607 |
the pay ranges established under section 124.15 or 124.152 of the | 3608 |
Revised Code. | 3609 |
(2) The director of administrative services may reassign to a | 3610 |
proper classification those positions that have been assigned to | 3611 |
an improper classification. If the compensation of an employee in | 3612 |
such a reassigned position exceeds the maximum rate of pay for the | 3613 |
employee's new classification, the employee shall be placed in pay | 3614 |
step X and shall not receive an increase in compensation until the | 3615 |
maximum rate of pay for that classification exceeds the employee's | 3616 |
compensation. | 3617 |
(3) The director may reassign an exempt employee, as defined | 3618 |
in section 124.152 of the Revised Code, to a bargaining unit | 3619 |
classification if the director determines that the bargaining unit | 3620 |
classification is the proper classification for that employee. | 3621 |
Notwithstanding Chapter 4117. of the Revised Code or instruments | 3622 |
and contracts negotiated under it, such placements are at the | 3623 |
director's discretion. | 3624 |
(4) The director shall, by rule, assign related | 3625 |
classifications, which form a career progression, to a | 3626 |
classification series. The director shall, by rule, assign each | 3627 |
classification in the classification plan a five-digit number, the | 3628 |
first four digits of which shall denote the classification series | 3629 |
to which the classification is assigned. When a career progression | 3630 |
encompasses more than ten classifications, the director shall, by | 3631 |
rule, identify the additional classifications belonging to a | 3632 |
classification series. Such additional classifications shall be | 3633 |
part of the classification series, notwithstanding the fact that | 3634 |
the first four digits of the number assigned to the additional | 3635 |
classifications do not correspond to the first four digits of the | 3636 |
numbers assigned to other classifications in the classification | 3637 |
series. | 3638 |
(5) The director shall adopt rules in accordance with Chapter | 3639 |
119. of the Revised Code for the establishment of a classification | 3640 |
plan for county agencies that elect not to use the services and | 3641 |
facilities of a county personnel department. The rules shall | 3642 |
include a methodology for the establishment of titles unique to | 3643 |
county agencies, the use of state classification titles and | 3644 |
classification specifications for common positions, the criteria | 3645 |
for a county to meet in establishing its own classification plan, | 3646 |
and the establishment of what constitutes a classification series | 3647 |
for county agencies. | 3648 |
(B) Division (A) of this section and sections 124.15 and | 3649 |
124.152 of the Revised Code do not apply to the following persons, | 3650 |
positions, offices, and employments: | 3651 |
(1) Elected officials; | 3652 |
(2) Legislative employees, employees of the legislative | 3653 |
service commission, employees in the office of the governor, | 3654 |
employees who are in the unclassified civil service and exempt | 3655 |
from collective bargaining coverage in the office of the secretary | 3656 |
of state, auditor of state, treasurer of state, and attorney | 3657 |
general, and employees of the supreme court; | 3658 |
(3) Employees of a county children services board that | 3659 |
establishes compensation rates under section 5153.12 of the | 3660 |
Revised Code; | 3661 |
(4) Any position for which the authority to determine | 3662 |
compensation is given by law to another individual or entity; | 3663 |
(5) Employees of the bureau of workers' compensation whose | 3664 |
compensation the administrator of workers' compensation | 3665 |
establishes under division (B) of section 4121.121 of the Revised | 3666 |
Code. | 3667 |
(C) The director may employ a consulting agency to aid and | 3668 |
assist the director in carrying out this section. | 3669 |
(D)(1) When the director proposes to modify a classification | 3670 |
or the assignment of classes to appropriate pay ranges, the | 3671 |
director shall send written notice of the proposed rule to the | 3672 |
appointing authorities of the affected employees thirty days | 3673 |
before the hearing on the proposed rule. The appointing | 3674 |
authorities shall notify the affected employees regarding the | 3675 |
proposed rule. The director shall also send such appointing | 3676 |
authorities notice of any final rule which is adopted within ten | 3677 |
days after adoption. | 3678 |
(2) When the director proposes to reclassify any employee so | 3679 |
that the employee is adversely affected, the director shall give | 3680 |
to the employee affected and to the employee's appointing | 3681 |
authority a written notice setting forth the proposed new | 3682 |
classification, pay range, and salary. Upon the request of any | 3683 |
classified employee who is not serving in a probationary period, | 3684 |
the director shall perform a job audit to review the | 3685 |
classification of the employee's position to determine whether the | 3686 |
position is properly classified. The director shall give to the | 3687 |
employee affected and to the employee's appointing authority a | 3688 |
written notice of the director's determination whether or not to | 3689 |
reclassify the position or to reassign the employee to another | 3690 |
classification. An employee or appointing authority desiring a | 3691 |
hearing shall file a written request for the hearing with the | 3692 |
state personnel board of review within thirty days after receiving | 3693 |
the notice. The board shall set the matter for a hearing and | 3694 |
notify the employee and appointing authority of the time and place | 3695 |
of the hearing. The employee, appointing authority, or any | 3696 |
authorized representative of the employee who wishes to submit | 3697 |
facts for the consideration of the board shall be afforded | 3698 |
reasonable opportunity to do so. After the hearing, the board | 3699 |
shall consider anew the reclassification and may order the | 3700 |
reclassification of the employee and require the director to | 3701 |
assign the employee to such appropriate classification as the | 3702 |
facts and evidence warrant. As provided in division (A) of section | 3703 |
124.03 of the Revised Code, the board may determine the most | 3704 |
appropriate classification for the position of any employee coming | 3705 |
before the board, with or without a job audit. The board shall | 3706 |
disallow any reclassification or reassignment classification of | 3707 |
any employee when it finds that changes have been made in the | 3708 |
duties and responsibilities of any particular employee for | 3709 |
political, religious, or other unjust reasons. | 3710 |
(E)(1) Employees of each county department of job and family | 3711 |
services shall be paid a salary or wage established by the board | 3712 |
of county commissioners. The provisions of section 124.18 of the | 3713 |
Revised Code concerning the standard work week apply to employees | 3714 |
of county departments of job and family services. A board of | 3715 |
county commissioners may do either of the following: | 3716 |
(a) Notwithstanding any other section of the Revised Code, | 3717 |
supplement the sick leave, vacation leave, personal leave, and | 3718 |
other benefits of any employee of the county department of job and | 3719 |
family services of that county, if the employee is eligible for | 3720 |
the supplement under a written policy providing for the | 3721 |
supplement; | 3722 |
(b) Notwithstanding any other section of the Revised Code, | 3723 |
establish alternative schedules of sick leave, vacation leave, | 3724 |
personal leave, or other benefits for employees not inconsistent | 3725 |
with the provisions of a collective bargaining agreement covering | 3726 |
the affected employees. | 3727 |
(2) The provisions of division (E)(1) of this section do not | 3728 |
apply to employees for whom the state employment relations board | 3729 |
establishes appropriate bargaining units pursuant to section | 3730 |
4117.06 of the Revised Code, except in either of the following | 3731 |
situations: | 3732 |
(a) The employees for whom the state employment relations | 3733 |
board establishes appropriate bargaining units elect no | 3734 |
representative in a board-conducted representation election. | 3735 |
(b) After the state employment relations board establishes | 3736 |
appropriate bargaining units for such employees, all employee | 3737 |
organizations withdraw from a representation election. | 3738 |
(F) With respect to officers and employees of state-supported | 3739 |
colleges and universities and except for the powers and duties of | 3740 |
the state personnel board of review set forth in section 124.03 of | 3741 |
the Revised Code, the powers, duties, and functions of the | 3742 |
department of administrative services and of the director of | 3743 |
administrative services specified in this chapter are hereby | 3744 |
vested in and assigned to the boards of trustees of those colleges | 3745 |
and universities, or those officers to whom the boards of trustees | 3746 |
have delegated these powers, duties, and functions, subject to a | 3747 |
periodic audit and review by the director. In exercising the | 3748 |
powers, duties, and functions of the director, the boards of | 3749 |
trustees or the officers to whom these powers, duties, and | 3750 |
functions were delegated need not establish a job classification | 3751 |
plan for unclassified employees and may proceed under section | 3752 |
111.15 of the Revised Code when exercising the director's | 3753 |
rule-making authority. The adoption, amendment, rescission, and | 3754 |
enforcement of rules under this division is not subject to | 3755 |
approval, disapproval, or modification by the state personnel | 3756 |
board of review. Nothing in this division shall be construed to | 3757 |
limit the right of any classified employee who possesses the right | 3758 |
of appeal to the state personnel board of review to continue to | 3759 |
possess that right of appeal. | 3760 |
Upon the director's determination or finding of the misuse by | 3761 |
the board of trustees of or a designated officer of a | 3762 |
state-supported college or university of the authority granted | 3763 |
under this division, the director shall order and direct the | 3764 |
personnel functions of that state-supported college or university | 3765 |
until sections 124.01 to 124.64 of the Revised Code have been | 3766 |
fully complied with. | 3767 |
(G)(1) Each board of county commissioners may, by a | 3768 |
resolution adopted by a majority of its members, establish a | 3769 |
county personnel department to exercise the powers, duties, and | 3770 |
functions specified in division (G) of this section. As used in | 3771 |
division (G) of this section, "county personnel department" means | 3772 |
a county personnel department established by a board of county | 3773 |
commissioners under division (G)(1) of this section. | 3774 |
(2) Each board of county commissioners may, by a resolution | 3775 |
adopted by a majority of its members, designate the county | 3776 |
personnel department of the county to exercise the powers, duties, | 3777 |
and functions of the department of administrative services and the | 3778 |
director of administrative services specified in sections 124.01 | 3779 |
to 124.64 and Chapter 325. of the Revised Code, except for the | 3780 |
powers and duties of the state personnel board of review, which | 3781 |
powers and duties shall not be construed as having been modified | 3782 |
or diminished in any manner by division (G)(2) of this section, | 3783 |
with respect to the employees for whom the board of county | 3784 |
commissioners is the appointing authority or co-appointing | 3785 |
authority. Upon certification of a copy of the resolution by the | 3786 |
board to the director, these powers, duties, and functions are | 3787 |
vested in and assigned to the county personnel department with | 3788 |
respect to the employees for whom the board of county | 3789 |
commissioners is the appointing authority or co-appointing | 3790 |
authority. The certification to the director shall be provided not | 3791 |
later than one hundred twenty days before the first day of July of | 3792 |
an odd-numbered year, and, following the certification, the | 3793 |
powers, duties, and functions specified in sections 124.01 to | 3794 |
124.64 and Chapter 325. of the Revised Code shall be vested in and | 3795 |
assigned to the county personnel department on that first day of | 3796 |
July. Nothing in division (G)(2) of this section shall be | 3797 |
construed to limit the right of any employee who possesses the | 3798 |
right of appeal to the state personnel board of review to continue | 3799 |
to possess that right of appeal. | 3800 |
Any board of county commissioners that has established a | 3801 |
county personnel department may contract with the department of | 3802 |
administrative services, another political subdivision, or an | 3803 |
appropriate public or private entity to provide competitive | 3804 |
testing services or other appropriate services. | 3805 |
(3) After the county personnel department of a county has | 3806 |
assumed the powers, duties, and functions of the department of | 3807 |
administrative services and the director as described in division | 3808 |
(G)(2) of this section, any elected official, board, agency, or | 3809 |
other appointing authority of that county may, upon notification | 3810 |
to the director, elect to use the services and facilities of the | 3811 |
county personnel department. Upon the acceptance by the director | 3812 |
of such notification, the county personnel department shall | 3813 |
exercise the powers, duties, and functions of the department of | 3814 |
administrative services and the director as described in division | 3815 |
(G)(2) of this section with respect to the employees of that | 3816 |
elected official, board, agency, or other appointing authority. | 3817 |
The notification to the director shall be provided not later than | 3818 |
one hundred twenty days before the first day of July of an | 3819 |
odd-numbered year, and, following the notification, the powers, | 3820 |
duties, and functions specified in sections 124.01 to 124.64 and | 3821 |
Chapter 325. of the Revised Code with respect to the employees of | 3822 |
that elected official, board, agency, or other appointing | 3823 |
authority shall be vested in and assigned to the county personnel | 3824 |
department on that first day of July. Except for those employees | 3825 |
under the jurisdiction of the county personnel department, the | 3826 |
director shall continue to exercise these powers, duties, and | 3827 |
functions with respect to employees of the county. | 3828 |
(4) Each board of county commissioners that has established a | 3829 |
county personnel department may, by a resolution adopted by a | 3830 |
majority of its members, disband the county personnel department | 3831 |
and return to the department of administrative services for the | 3832 |
administration of sections 124.01 to 124.64 and Chapter 325. of | 3833 |
the Revised Code. The board shall, not later than one hundred | 3834 |
twenty days before the first day of July of an odd-numbered year, | 3835 |
send the director a certified copy of the resolution disbanding | 3836 |
the county personnel department. All powers, duties, and functions | 3837 |
previously vested in and assigned to the county personnel | 3838 |
department shall return to the director on that first day of July. | 3839 |
(5) Any elected official, board, agency, or appointing | 3840 |
authority of a county may return to the department of | 3841 |
administrative services for the administration of sections 124.01 | 3842 |
to 124.64 and Chapter 325. of the Revised Code. The elected | 3843 |
official, board, agency, or appointing authority shall, not later | 3844 |
than one hundred twenty days before the first day of July of an | 3845 |
odd-numbered year, send the director a certified copy of the | 3846 |
resolution that states its decision. All powers, duties, and | 3847 |
functions previously vested in and assigned to the county | 3848 |
personnel department with respect to the employees of that elected | 3849 |
official, board, agency, or appointing authority shall return to | 3850 |
the director on that first day of July. | 3851 |
(6) The director, by rule adopted in accordance with Chapter | 3852 |
119. of the Revised Code, shall prescribe criteria and procedures | 3853 |
for granting to each county personnel department the powers, | 3854 |
duties, and functions of the department of administrative services | 3855 |
and the director as described in division (G)(2) of this section | 3856 |
with respect to the employees of an elected official, board, | 3857 |
agency, or other appointing authority or co-appointing authority. | 3858 |
The rules shall cover the following criteria and procedures: | 3859 |
(a) The notification to the department of administrative | 3860 |
services that an elected official, board, agency, or other | 3861 |
appointing authority of a county has elected to use the services | 3862 |
and facilities of the county personnel department; | 3863 |
(b) A requirement that each county personnel department, in | 3864 |
carrying out its duties, adhere to merit system principles with | 3865 |
regard to employees of county departments of job and family | 3866 |
services, child support enforcement agencies, and public child | 3867 |
welfare agencies so that there is no threatened loss of federal | 3868 |
funding for these agencies, and a requirement that the county be | 3869 |
financially liable to the state for any loss of federal funds due | 3870 |
to the action or inaction of the county personnel department. The | 3871 |
costs associated with audits conducted to monitor compliance with | 3872 |
division (G)(6)(b) of this section shall be borne equally by the | 3873 |
department of administrative services and the county. | 3874 |
(c) The termination of services and facilities rendered by | 3875 |
the department of administrative services, to include rate | 3876 |
adjustments, time periods for termination, and other related | 3877 |
matters; | 3878 |
(d) Authorization for the director of administrative services | 3879 |
to conduct periodic audits and reviews of county personnel | 3880 |
departments to guarantee the uniform application of this granting | 3881 |
of the director's powers, duties, and functions. The costs of the | 3882 |
audits and reviews shall be borne equally by the department of | 3883 |
administrative services and the county for which the services were | 3884 |
performed. | 3885 |
(e) The dissemination of audit findings under division | 3886 |
(G)(5)(d) of this section, any appeals process relating to adverse | 3887 |
findings by the department, and the methods whereby the county | 3888 |
personnel program will revert to the authority of the director of | 3889 |
administrative services due to misuse or nonuniform application of | 3890 |
the authority granted to the county under division (G)(2) or (3) | 3891 |
of this section. | 3892 |
(H) The director of administrative services shall establish | 3893 |
the rate and method of compensation for all employees who are paid | 3894 |
directly by warrant
of the | 3895 |
management and who are serving in positions which the director of | 3896 |
administrative services has determined impracticable to include in | 3897 |
the state job classification plan. This division does not apply to | 3898 |
elected officials, legislative employees, employees of the | 3899 |
legislative service commission, employees who are in the | 3900 |
unclassified civil service and exempt from collective bargaining | 3901 |
coverage in the office of the secretary of state, auditor of | 3902 |
state, treasurer of state, and attorney general, employees of the | 3903 |
courts, employees of the bureau of workers' compensation whose | 3904 |
compensation the administrator of workers' compensation | 3905 |
establishes under division (B) of section 4121.121 of the Revised | 3906 |
Code, or employees of an appointing authority authorized by law to | 3907 |
fix the compensation of those employees. | 3908 |
(I) The director shall set the rate of compensation for all | 3909 |
intermittent, interim, seasonal, temporary, emergency, and casual | 3910 |
employees who are not considered public employees under section | 3911 |
4117.01 of the Revised Code. Such employees are not entitled to | 3912 |
receive employee benefits. This rate of compensation shall be | 3913 |
equitable in terms of the rate of employees serving in the same or | 3914 |
similar classifications. This division does not apply to elected | 3915 |
officials, legislative employees, employees of the legislative | 3916 |
service commission, employees who are in the unclassified civil | 3917 |
service and exempt from collective bargaining coverage in the | 3918 |
office of the secretary of state, auditor of state, treasurer of | 3919 |
state, and attorney general, employees of the courts, employees of | 3920 |
the bureau of workers' compensation whose compensation the | 3921 |
administrator establishes under division (B) of section 4121.121 | 3922 |
of the Revised Code, or employees of an appointing authority | 3923 |
authorized by law to fix the compensation of those employees. | 3924 |
Sec. 124.151. (A) As used in this section, "compensation" | 3925 |
includes, but is not limited to, wages and salary, travel | 3926 |
allowances paid pursuant to section 101.27 of the Revised Code, | 3927 |
and benefits paid pursuant to sections 124.13, 124.19, 124.381, | 3928 |
124.382, 124.383, 124.384, 124.385, and 124.386 of the Revised | 3929 |
Code. | 3930 |
(B) The compensation of any employee whose employment | 3931 |
commenced on or after | 3932 |
2002, and who
is paid by warrant
of the
| 3933 |
of budget and management shall be paid by direct deposit. Each | 3934 |
such employee shall provide to the appointing authority a written | 3935 |
authorization for payment by direct deposit. The authorization | 3936 |
shall include the designation of a financial institution equipped | 3937 |
to accept direct deposits and the number of the account into which | 3938 |
the deposit is to be made. The authorization shall remain in | 3939 |
effect until withdrawn in writing by the employee or until | 3940 |
dishonored by the financial institution. The director of | 3941 |
administrative services shall provide by rule adopted under | 3942 |
Chapter 119. of the Revised Code for the direct deposit in a | 3943 |
financial institution of the compensation of an employee who fails | 3944 |
to provide to the appointing authority a written authorization for | 3945 |
payment by direct deposit. | 3946 |
Sec. 124.152. (A)(1) Except as provided in divisions (A)(2) | 3947 |
and (3) of this section, each exempt employee shall be paid a | 3948 |
salary or wage in accordance with schedule E-1 or schedule E-2 of | 3949 |
division (B) or (C) of this section. | 3950 |
(2) Each exempt employee who holds a position in the | 3951 |
unclassified civil service pursuant to division (A)(26) or (30) of | 3952 |
section 124.11 of the Revised Code may be paid a salary or wage in | 3953 |
accordance with schedule E-1, schedule E-1 for step seven only, or | 3954 |
schedule E-2 of division (B), (C), (D), or (E) of this section, as | 3955 |
applicable. | 3956 |
(3)(a) Except as provided in division (A)(3)(b) of this | 3957 |
section, each exempt employee who was paid a salary or wage at | 3958 |
step 7 in the employee's pay range on June 28, 2003, in accordance | 3959 |
with the applicable schedule E-1 of former section 124.152 of the | 3960 |
Revised Code and who continued to be so paid on June 29, 2003, | 3961 |
shall be paid a salary or wage in the corresponding pay range in | 3962 |
schedule E-1 for step seven only of division (D) or (E) of this | 3963 |
section for as long as the employee remains in the position the | 3964 |
employee held as of July 1, 2003. | 3965 |
(b) Except as provided in division (A)(3)(c) of this section, | 3966 |
if an exempt employee who is being paid a salary or wage in | 3967 |
accordance with schedule E-1 for step seven only of division (D) | 3968 |
or (E) of this section moves to another position, the employee | 3969 |
shall not receive a salary or wage for that position or any other | 3970 |
position in the future in accordance with that schedule. | 3971 |
(c) If an exempt employee who is being paid a salary or wage | 3972 |
in accordance with schedule E-1 for step seven only of division | 3973 |
(D) or (E) of this section moves to another position assigned to | 3974 |
pay range 12 or above, the appointing authority has the discretion | 3975 |
to assign the employee to be paid a salary or wage in the | 3976 |
appropriate pay range for that position in accordance with | 3977 |
schedule E-1 for step seven only, provided that the appointing | 3978 |
authority so notifies the director of administrative services in | 3979 |
writing at the time the employee is appointed to that position. | 3980 |
(B) Beginning on the first day of the pay period that | 3981 |
includes July 1, 2002, each exempt employee who must be paid in | 3982 |
accordance with schedule E-1 or schedule E-2 of this section shall | 3983 |
be paid a salary or wage in accordance with the following schedule | 3984 |
of rates: | 3985 |
Schedule E-1 | 3986 |
3987 |
Step | Step | Step | Step | Step | Step | 3988 | |||||
Range | 1 | 2 | 3 | 4 | 5 | 6 | 3989 | ||||
1 | Hourly | 8.78 | 9.16 | 9.56 | 9.97 | 3990 | |||||
Annually | 18262 | 19053 | 19885 | 20738 | 3991 | ||||||
2 | Hourly | 10.64 | 11.09 | 11.58 | 12.08 | 3992 | |||||
Annually | 22131 | 23067 | 24086 | 25126 | 3993 | ||||||
3 | Hourly | 11.14 | 11.65 | 12.16 | 12.69 | 3994 | |||||
Annually | 23171 | 24232 | 25293 | 26395 | 3995 | ||||||
4 | Hourly | 11.70 | 12.23 | 12.81 | 13.38 | 3996 | |||||
Annually | 24336 | 25438 | 26645 | 27830 | 3997 | ||||||
5 | Hourly | 12.28 | 12.84 | 13.38 | 13.97 | 3998 | |||||
Annually | 25542 | 26707 | 27830 | 29058 | 3999 | ||||||
6 | Hourly | 12.94 | 13.47 | 14.07 | 14.64 | 4000 | |||||
Annually | 26915 | 28018 | 29266 | 30451 | 4001 | ||||||
7 | Hourly | 13.74 | 14.26 | 14.83 | 15.35 | 15.94 | 4002 | ||||
Annually | 28579 | 29661 | 30846 | 31928 | 33155 | 4003 | |||||
8 | Hourly | 14.53 | 15.16 | 15.83 | 16.53 | 17.23 | 4004 | ||||
Annually | 30222 | 31533 | 32926 | 34382 | 35838 | 4005 | |||||
9 | Hourly | 15.50 | 16.30 | 17.11 | 17.95 | 18.87 | 4006 | ||||
Annually | 32240 | 33904 | 35589 | 37336 | 39250 | 4007 | |||||
10 | Hourly | 16.72 | 17.63 | 18.58 | 19.65 | 20.70 | 4008 | ||||
Annually | 34778 | 36670 | 38646 | 40872 | 43056 | 4009 | |||||
11 | Hourly | 18.20 | 19.27 | 20.38 | 21.53 | 22.76 | 4010 | ||||
Annually | 37856 | 40082 | 42390 | 44782 | 47341 | 4011 | |||||
12 | Hourly | 20.08 | 21.21 | 22.35 | 23.59 | 24.90 | 26.26 | 4012 | |||
Annually | 41766 | 44117 | 46488 | 49067 | 51792 | 54621 | 4013 | ||||
13 | Hourly | 22.13 | 23.35 | 24.63 | 25.95 | 27.40 | 28.90 | 4014 | |||
Annually | 46030 | 48568 | 51230 | 53976 | 56992 | 60112 | 4015 | ||||
14 | Hourly | 24.35 | 25.72 | 27.10 | 28.59 | 30.20 | 31.88 | 4016 | |||
Annually | 50648 | 53498 | 56368 | 59467 | 62816 | 66310 | 4017 | ||||
15 | Hourly | 26.74 | 28.24 | 29.84 | 31.48 | 33.22 | 35.06 | 4018 | |||
Annually | 55619 | 58739 | 62067 | 65478 | 69098 | 72925 | 4019 | ||||
16 | Hourly | 29.48 | 31.12 | 32.84 | 34.67 | 36.59 | 38.67 | 4020 | |||
Annually | 61318 | 64730 | 68307 | 72114 | 76107 | 80434 | 4021 | ||||
17 | Hourly | 32.49 | 34.28 | 36.20 | 38.20 | 40.33 | 42.58 | 4022 | |||
Annually | 67579 | 71302 | 75296 | 79456 | 83886 | 88566 | 4023 | ||||
18 | Hourly | 35.80 | 37.78 | 39.90 | 42.11 | 44.43 | 46.92 | 4024 | |||
Annually | 74464 | 78582 | 82992 | 87589 | 92414 | 97594 | 4025 |
Schedule E-2 | 4026 |
Range | Minimum | Maximum | 4027 | |||||
41 | Hourly | 16.23 | 32.46 | 4028 | ||||
Annually | 33758 | 67517 | 4029 | |||||
42 | Hourly | 17.89 | 35.86 | 4030 | ||||
Annually | 37211 | 74589 | 4031 | |||||
43 | Hourly | 19.70 | 39.49 | 4032 | ||||
Annually | 40976 | 82139 | 4033 | |||||
44 | Hourly | 21.73 | 43.13 | 4034 | ||||
Annually | 45198 | 89710 | 4035 | |||||
45 | Hourly | 24.01 | 47.09 | 4036 | ||||
Annually | 49941 | 97947 | 4037 | |||||
46 | Hourly | 26.43 | 51.46 | 4038 | ||||
Annually | 54974 | 107037 | 4039 | |||||
47 | Hourly | 29.14 | 56.16 | 4040 | ||||
Annually | 60611 | 116813 | 4041 | |||||
48 | Hourly | 32.14 | 61.29 | 4042 | ||||
Annually | 66851 | 127483 | 4043 | |||||
49 | Hourly | 35.44 | 66.18 | 4044 | ||||
Annually | 73715 | 137654 | 4045 |
(C) Beginning on the first day of the pay period that | 4046 |
includes July 1, 2005, each exempt employee who must be paid in | 4047 |
accordance with schedule E-1 or schedule E-2 of this section shall | 4048 |
be paid a salary or wage in accordance with the following schedule | 4049 |
of rates: | 4050 |
Schedule E-1 | 4051 |
4052 |
Step | Step | Step | Step | Step | Step | 4053 | |||||
Range | 1 | 2 | 3 | 4 | 5 | 6 | 4054 | ||||
1 | Hourly | 9.13 | 9.53 | 9.94 | 10.37 | 4055 | |||||
Annually | 18990 | 19822 | 20675 | 21570 | 4056 | ||||||
2 | Hourly | 11.07 | 11.53 | 12.04 | 12.56 | 4057 | |||||
Annually | 23026 | 23982 | 25043 | 26125 | 4058 | ||||||
3 | Hourly | 11.59 | 12.12 | 12.65 | 13.20 | 4059 | |||||
Annually | 24107 | 25210 | 26312 | 27456 | 4060 | ||||||
4 | Hourly | 12.17 | 12.72 | 13.32 | 13.92 | 4061 | |||||
Annually | 25314 | 26458 | 27706 | 28954 | 4062 | ||||||
5 | Hourly | 12.77 | 13.35 | 13.92 | 14.53 | 4063 | |||||
Annually | 26562 | 27768 | 28954 | 30222 | 4064 | ||||||
6 | Hourly | 13.46 | 14.01 | 14.63 | 15.23 | 4065 | |||||
Annually | 27997 | 29141 | 30430 | 31678 | 4066 | ||||||
7 | Hourly | 14.29 | 14.83 | 15.42 | 15.96 | 16.58 | 4067 | ||||
Annually | 29723 | 30846 | 32074 | 33197 | 34486 | 4068 | |||||
8 | Hourly | 15.11 | 15.77 | 16.46 | 17.19 | 17.92 | 4069 | ||||
Annually | 31429 | 32802 | 34237 | 35755 | 37274 | 4070 | |||||
9 | Hourly | 16.12 | 16.95 | 17.79 | 18.67 | 19.62 | 4071 | ||||
Annually | 33530 | 35256 | 37003 | 38834 | 40810 | 4072 | |||||
10 | Hourly | 17.39 | 18.34 | 19.32 | 20.44 | 21.53 | 4073 | ||||
Annually | 36171 | 38147 | 40186 | 42515 | 44782 | 4074 | |||||
11 | Hourly | 18.93 | 20.04 | 21.20 | 22.39 | 23.67 | 4075 | ||||
Annually | 39374 | 41683 | 44096 | 46571 | 49234 | 4076 | |||||
12 | Hourly | 20.88 | 22.06 | 23.24 | 24.53 | 25.90 | 27.31 | 4077 | |||
Annually | 43430 | 45885 | 48339 | 51022 | 53872 | 56805 | 4078 | ||||
13 | Hourly | 23.02 | 24.28 | 25.62 | 26.99 | 28.50 | 30.06 | 4079 | |||
Annually | 47882 | 50502 | 53290 | 56139 | 59280 | 62525 | 4080 | ||||
14 | Hourly | 25.32 | 26.75 | 28.18 | 29.73 | 31.41 | 33.16 | 4081 | |||
Annually | 52666 | 55640 | 58614 | 61838 | 65333 | 68973 | 4082 | ||||
15 | Hourly | 27.81 | 29.37 | 31.03 | 32.74 | 34.55 | 36.46 | 4083 | |||
Annually | 57845 | 61090 | 64542 | 68099 | 71864 | 75837 | 4084 | ||||
16 | Hourly | 30.66 | 32.36 | 34.15 | 36.06 | 38.05 | 40.22 | 4085 | |||
Annually | 63773 | 67309 | 71032 | 75005 | 79144 | 83658 | 4086 | ||||
17 | Hourly | 33.79 | 35.65 | 37.65 | 39.73 | 41.94 | 44.28 | 4087 | |||
Annually | 70283 | 74152 | 78312 | 82638 | 87235 | 92102 | 4088 | ||||
18 | Hourly | 37.23 | 39.29 | 41.50 | 43.79 | 46.21 | 48.80 | 4089 | |||
Annually | 77438 | 81723 | 86320 | 91083 | 96117 | 101504 | 4090 |
Schedule E-2 | 4091 |
Range | Minimum | Maximum | 4092 | |||||
41 | Hourly | 16.23 | 33.76 | 4093 | ||||
Annually | 33758 | 70221 | 4094 | |||||
42 | Hourly | 17.89 | 37.29 | 4095 | ||||
Annually | 37211 | 77563 | 4096 | |||||
43 | Hourly | 19.70 | 41.07 | 4097 | ||||
Annually | 40976 | 85426 | 4098 | |||||
44 | Hourly | 21.73 | 44.86 | 4099 | ||||
Annually | 45198 | 93309 | 4100 | |||||
45 | Hourly | 24.01 | 48.97 | 4101 | ||||
Annually | 49941 | 101858 | 4102 | |||||
46 | Hourly | 26.43 | 53.52 | 4103 | ||||
Annually | 54974 | 111322 | 4104 | |||||
47 | Hourly | 29.14 | 58.41 | 4105 | ||||
Annually | 60611 | 121493 | 4106 | |||||
48 | Hourly | 32.14 | 63.74 | 4107 | ||||
Annually | 66851 | 132579 | 4108 | |||||
49 | Hourly | 35.44 | 68.83 | 4109 | ||||
Annually | 73715 | 143166 | 4110 |
(D) Beginning on the first day of the pay period that | 4111 |
includes July 1, 2003, each exempt employee who must be paid in | 4112 |
accordance with schedule E-1 for step seven only shall be paid a | 4113 |
salary or wage in accordance with the following schedule of rates: | 4114 |
Schedule E-1 for Step Seven Only | 4115 |
4116 |
Range | 4117 | |||||||
12 | Hourly | 27.71 | 4118 | |||||
Annually | 57637 | 4119 | ||||||
13 | Hourly | 30.49 | 4120 | |||||
Annually | 63419 | 4121 | ||||||
14 | Hourly | 33.62 | 4122 | |||||
Annually | 69930 | 4123 | ||||||
15 | Hourly | 36.98 | 4124 | |||||
Annually | 76918 | 4125 | ||||||
16 | Hourly | 40.80 | 4126 | |||||
Annually | 84864 | 4127 | ||||||
17 | Hourly | 44.93 | 4128 | |||||
Annually | 93454 | 4129 | ||||||
18 | Hourly | 49.50 | 4130 | |||||
Annually | 102960 | 4131 |
(E) Beginning on the first day of the pay period that | 4132 |
includes July 1, 2005, each exempt employee who must be paid in | 4133 |
accordance with schedule E-1 for step seven only shall be paid a | 4134 |
salary or wage in accordance with the following schedule of rates: | 4135 |
Schedule E-1 for Step Seven Only | 4136 |
4137 |
Range | 4138 | |||||||
12 | Hourly | 28.82 | 4139 | |||||
Annually | 59946 | 4140 | ||||||
13 | Hourly | 31.71 | 4141 | |||||
Annually | 65957 | 4142 | ||||||
14 | Hourly | 34.96 | 4143 | |||||
Annually | 72717 | 4144 | ||||||
15 | Hourly | 38.46 | 4145 | |||||
Annually | 79997 | 4146 | ||||||
16 | Hourly | 42.43 | 4147 | |||||
Annually | 88254 | 4148 | ||||||
17 | Hourly | 46.73 | 4149 | |||||
Annually | 97198 | 4150 | ||||||
18 | Hourly | 51.48 | 4151 | |||||
Annually | 107078 | 4152 |
(F) As used in this section, "exempt employee" means a | 4153 |
permanent full-time or permanent part-time employee paid directly | 4154 |
by warrant of the | 4155 |
management whose position is included in the job classification | 4156 |
plan established under division (A) of section 124.14 of the | 4157 |
Revised Code but who is not considered a public employee for the | 4158 |
purposes of Chapter 4117. of the Revised Code. As used in this | 4159 |
section, "exempt employee" also includes a permanent full-time or | 4160 |
permanent part-time employee of the secretary of state, auditor of | 4161 |
state, treasurer of state, or attorney general who has not been | 4162 |
placed in an appropriate bargaining unit by the state employment | 4163 |
relations board. | 4164 |
Sec. 124.18. (A) Forty hours shall be the standard work week | 4165 |
for all employees whose salary or wage is paid in whole or in part | 4166 |
by the state or by any state-supported college or university. When | 4167 |
any employee whose salary or wage is paid in whole or in part by | 4168 |
the state or by any state-supported college or university is | 4169 |
required by an authorized administrative authority to be in an | 4170 |
active pay status more than forty hours in any calendar week, the | 4171 |
employee shall be compensated for such time over forty hours, | 4172 |
except as otherwise provided in this section, at one and one-half | 4173 |
times the employee's regular rate of pay. The use of sick leave | 4174 |
shall not be considered to be active pay status for the purposes | 4175 |
of earning overtime or compensatory time by employees whose wages | 4176 |
are paid
directly by warrant of the | 4177 |
budget and management. A flexible-hours employee is not entitled | 4178 |
to compensation for overtime work unless the employee's authorized | 4179 |
administrative authority required the employee to be in active pay | 4180 |
status for more than forty hours in a calendar week, regardless of | 4181 |
the number of hours the employee works on any day in the same | 4182 |
calendar week. | 4183 |
Such compensation for overtime work shall be paid no later | 4184 |
than at the conclusion of the next succeeding pay period. | 4185 |
If the employee elects to take compensatory time off in lieu | 4186 |
of overtime pay for any overtime worked, such compensatory time | 4187 |
shall be granted by the employee's administrative superior, on a | 4188 |
time and one-half basis, at a time mutually convenient to the | 4189 |
employee and the administrative superior. An employee may accrue | 4190 |
compensatory time to a maximum of two hundred forty hours, except | 4191 |
that public safety employees and other employees who meet the | 4192 |
criteria established in the "Federal Fair Labor Standards Act of | 4193 |
1938," 52 Stat. 1060, 29 U.S.C.A. 207, 213, as amended, may accrue | 4194 |
a maximum of four hundred eighty hours of compensatory time. An | 4195 |
employee shall be paid at the employee's regular rate of pay for | 4196 |
any hours of compensatory time accrued in excess of these maximum | 4197 |
amounts if the employee has not used the compensatory time within | 4198 |
one hundred eighty days after it is granted, if the employee | 4199 |
transfers to another agency of the state, or if a change in the | 4200 |
employee's status exempts the employee from the payment of | 4201 |
overtime compensation. Upon the termination of employment, any | 4202 |
employee with accrued but unused compensatory time shall be paid | 4203 |
for that time at a rate that is the greater of the employee's | 4204 |
final regular rate of pay or the employee's average regular rate | 4205 |
of pay during the employee's last three years of employment with | 4206 |
the state. | 4207 |
No overtime, as described in this section, can be paid unless | 4208 |
it has been authorized by the authorized administrative authority. | 4209 |
Employees may be exempted from the payment of compensation as | 4210 |
required by this section only under the criteria for exemption | 4211 |
from the payment of overtime compensation established in the | 4212 |
"Federal Fair Labor Standards Act of 1938," 52 Stat. 1060, 29 | 4213 |
U.S.C.A. 207, 213, as amended. With the approval of the director | 4214 |
of administrative services, the appointing authority may establish | 4215 |
a policy to grant compensatory time or to pay compensation to | 4216 |
state employees who are exempt from overtime compensation. With | 4217 |
the approval of the board of county commissioners, a county human | 4218 |
services department may establish a policy to grant compensatory | 4219 |
time or to pay compensation to employees of the department who are | 4220 |
exempt from overtime compensation. | 4221 |
(B) An employee, whose salary or wage is paid in whole or in | 4222 |
part by the state, shall be paid for the holidays declared in | 4223 |
section 124.19 of the Revised Code and shall not be required to | 4224 |
work on those holidays, unless, in the opinion of the employee's | 4225 |
responsible administrative authority, failure to work on those | 4226 |
holidays would impair the public service. An employee paid | 4227 |
directly by
warrant of the | 4228 |
management who is scheduled to work on a holiday and who does not | 4229 |
report to work due to an illness of the employee or of a member of | 4230 |
the employee's immediate family shall not receive holiday pay as | 4231 |
provided by this division. An employee also shall not be paid for | 4232 |
a holiday unless the employee was in active pay status on the | 4233 |
scheduled work day immediately preceding the holiday. | 4234 |
If any of the holidays declared in section 124.19 of the | 4235 |
Revised Code falls on Saturday, the Friday immediately preceding | 4236 |
shall be observed as the holiday. If any of the holidays declared | 4237 |
in section 124.19 of the Revised Code falls on Sunday, the Monday | 4238 |
immediately succeeding shall be observed as the holiday. Employees | 4239 |
whose work schedules are based on the requirements of a | 4240 |
seven-days-a-week work operation shall observe holidays on the | 4241 |
actual days specified in section 124.19 of the Revised Code. | 4242 |
If an employee's work schedule is other than Monday through | 4243 |
Friday, the employee shall be entitled to holiday pay for holidays | 4244 |
observed on the employee's day off regardless of the day of the | 4245 |
week on which they are observed. A full-time permanent employee is | 4246 |
entitled to eight hours of pay for each holiday regardless of the | 4247 |
employee's work shift and work schedule. A flexible-hours employee | 4248 |
is entitled to holiday pay for the number of hours for which the | 4249 |
employee normally would have been scheduled to work. Part-time | 4250 |
permanent employees shall be paid holiday pay for that portion of | 4251 |
any holiday for which they would normally have been scheduled to | 4252 |
work. When an employee who is eligible for overtime pay under this | 4253 |
section is required by the employee's responsible administrative | 4254 |
authority to work on the day observed as a holiday, the employee | 4255 |
shall be entitled to pay for such time worked at one and one-half | 4256 |
times the employee's regular rate of pay in addition to the | 4257 |
employee's regular pay, or to be granted compensatory time off at | 4258 |
time and one-half thereafter, at the employee's option. Payment at | 4259 |
such rate shall be excluded in the calculation of hours in active | 4260 |
pay status. | 4261 |
(C) Each appointing authority may designate the number of | 4262 |
employees in an agency who are flexible-hours employees. The | 4263 |
appointing authority may establish for each flexible-hours | 4264 |
employee a specified minimum number of hours to be worked each day | 4265 |
that is consistent with the "Federal Fair Labor Standards Act of | 4266 |
1938," 52 Stat. 1060, 29 U.S.C.A. 207, 213, as amended. | 4267 |
(D) This section shall be uniformly administered for | 4268 |
employees as defined in section 124.01 of the Revised Code and by | 4269 |
the personnel departments of state-supported colleges and | 4270 |
universities for employees of state-supported colleges and | 4271 |
universities. If employees are not paid directly by warrant of the | 4272 |
4273 | |
subdivision shall determine whether the use of sick leave shall be | 4274 |
considered to be active pay status for purposes of those employees | 4275 |
earning overtime or compensatory time. | 4276 |
(E) Policies relating to the payment of overtime pay or the | 4277 |
granting of compensatory time off shall be adopted by the chief | 4278 |
administrative officer of the house of representatives for | 4279 |
employees of the house of representatives, by the clerk of the | 4280 |
senate for employees of the senate, and by the director of the | 4281 |
legislative service commission for all other legislative | 4282 |
employees. | 4283 |
(F) As used in this section, "regular rate of pay" means the | 4284 |
base rate of pay an employee receives plus any pay supplements | 4285 |
received pursuant to section 124.181 of the Revised Code. | 4286 |
Sec. 124.181. (A) Except as provided in division (M) of this | 4287 |
section, any employee paid in accordance with schedule B of | 4288 |
section 124.15 or schedule E-1 or schedule E-1 for step seven only | 4289 |
of section 124.152 of the Revised Code is eligible for the pay | 4290 |
supplements provided in this section upon application by the | 4291 |
appointing authority substantiating the employee's qualifications | 4292 |
for the supplement and with the approval of the director of | 4293 |
administrative services except as provided in division (E) of this | 4294 |
section. | 4295 |
(B)(1) Except as provided in section 124.183 of the Revised | 4296 |
Code, in computing any of the pay supplements provided in this | 4297 |
section for an employee paid in accordance with schedule B of | 4298 |
section 124.15 of the Revised Code, the classification salary base | 4299 |
shall be the minimum hourly rate of the pay range, provided in | 4300 |
that section, in which the employee is assigned at the time of | 4301 |
computation. | 4302 |
(2) Except as provided in section 124.183 of the Revised | 4303 |
Code, in computing any of the pay supplements provided in this | 4304 |
section for an employee paid in accordance with schedule E-1 of | 4305 |
section 124.152 of the Revised Code, the classification salary | 4306 |
base shall be the minimum hourly rate of the pay range, provided | 4307 |
in that section, in which the employee is assigned at the time of | 4308 |
computation. | 4309 |
(3) Except as provided in section 124.183 of the Revised | 4310 |
Code, in computing any of the pay supplements provided in this | 4311 |
section for an employee paid in accordance with schedule E-1 for | 4312 |
step seven only of section 124.152 of the Revised Code, the | 4313 |
classification salary base shall be the minimum hourly rate in the | 4314 |
corresponding pay range, provided in schedule E-1 of that section, | 4315 |
to which the employee is assigned at the time of the computation. | 4316 |
(C) The effective date of any pay supplement, except as | 4317 |
provided in section 124.183 of the Revised Code or unless | 4318 |
otherwise provided in this section, shall be determined by the | 4319 |
director. | 4320 |
(D) The director shall, by rule, establish standards | 4321 |
regarding the administration of this section. | 4322 |
(E)(1) Except as otherwise provided in this division, | 4323 |
beginning on the first day of the pay period within which the | 4324 |
employee completes five years of total service with the state | 4325 |
government or any of its political subdivisions, each employee in | 4326 |
positions paid in accordance with schedule B of section 124.15 of | 4327 |
the Revised Code or in accordance with schedule E-1 or schedule | 4328 |
E-1 for step seven only of section 124.152 of the Revised Code | 4329 |
shall receive an automatic salary adjustment equivalent to two and | 4330 |
one-half per cent of the classification salary base, to the | 4331 |
nearest whole cent. Each employee shall receive thereafter an | 4332 |
annual adjustment equivalent to one-half of one per cent of the | 4333 |
employee's classification salary base, to the nearest whole cent, | 4334 |
for each additional year of qualified employment until a maximum | 4335 |
of ten per cent of the employee's classification salary base is | 4336 |
reached. The granting of longevity adjustments shall not be | 4337 |
affected by promotion, demotion, or other changes in | 4338 |
classification held by the employee, nor by any change in pay | 4339 |
range for the employee's class or grade. Longevity pay adjustments | 4340 |
shall become effective at the beginning of the pay period within | 4341 |
which the employee completes the necessary length of service, | 4342 |
except that when an employee requests credit for prior service, | 4343 |
the effective date of the prior service credit and of any | 4344 |
longevity adjustment shall be the first day of the pay period | 4345 |
following approval of the credit by the director of administrative | 4346 |
services. No employee, other than an employee who submits proof of | 4347 |
prior service within ninety days after the date of the employee's | 4348 |
hiring, shall receive any longevity adjustment for the period | 4349 |
prior to the director's approval of a prior service credit. Time | 4350 |
spent on authorized leave of absence shall be counted for this | 4351 |
purpose. | 4352 |
(2) An employee who has retired in accordance with the | 4353 |
provisions of any retirement system offered by the state and who | 4354 |
is employed by the state or any political subdivision of the state | 4355 |
on or after June 24, 1987, shall not have prior service with the | 4356 |
state or any political subdivision of the state counted for the | 4357 |
purpose of determining the amount of the salary adjustment | 4358 |
provided under this division. | 4359 |
(3) There shall be a moratorium on employees' receipt under | 4360 |
this division of credit for service with the state government or | 4361 |
any of its political subdivisions during the period from July 1, | 4362 |
2003, through June 30, 2005. In calculating the number of years of | 4363 |
total service under this division, no credit shall be included for | 4364 |
service during the moratorium. The moratorium shall apply to the | 4365 |
employees of the secretary of state, the auditor of state, the | 4366 |
treasurer of state, and the attorney general, who are subject to | 4367 |
this section unless the secretary of state, the auditor of state, | 4368 |
the treasurer of state, or the attorney general decides to exempt | 4369 |
the office's employees from the moratorium and so notifies the | 4370 |
director of administrative services in writing on or before July | 4371 |
1, 2003. | 4372 |
If an employee is exempt from the moratorium, receives credit | 4373 |
for a period of service during the moratorium, and takes a | 4374 |
position with another entity in the state government or any of its | 4375 |
political subdivisions, either during or after the moratorium, and | 4376 |
if that entity's employees are or were subject to the moratorium, | 4377 |
the employee shall continue to retain the credit. However, if the | 4378 |
moratorium is in effect upon the taking of the new position, the | 4379 |
employee shall cease receiving additional credit as long as the | 4380 |
employee is in the position, until the moratorium expires. | 4381 |
(F) When an exceptional condition exists that creates a | 4382 |
temporary or a permanent hazard for one or more positions in a | 4383 |
class paid in accordance with schedule B of section 124.15 of the | 4384 |
Revised Code or in accordance with schedule E-1 or schedule E-1 | 4385 |
for step seven only of section 124.152 of the Revised Code, a | 4386 |
special hazard salary adjustment may be granted for the time the | 4387 |
employee is subjected to the hazardous condition. All special | 4388 |
hazard conditions shall be identified for each position and | 4389 |
incidence from information submitted to the director on an | 4390 |
appropriate form provided by the director and categorized into | 4391 |
standard conditions of: some unusual hazard not common to the | 4392 |
class; considerable unusual hazard not common to the class; and | 4393 |
exceptional hazard not common to the class. | 4394 |
(1) A hazardous salary adjustment of five per cent of the | 4395 |
employee's classification salary base may be applied in the case | 4396 |
of some unusual hazardous condition not common to the class for | 4397 |
those hours worked, or a fraction of those hours worked, while the | 4398 |
employee was subject to the unusual hazard condition. | 4399 |
(2) A hazardous salary adjustment of seven and one-half per | 4400 |
cent of the employee's classification salary base may be applied | 4401 |
in the case of some considerable hazardous condition not common to | 4402 |
the class for those hours worked, or a fraction of those hours | 4403 |
worked, while the employee was subject to the considerable hazard | 4404 |
condition. | 4405 |
(3) A hazardous salary adjustment of ten per cent of the | 4406 |
employee's classification salary base may be applied in the case | 4407 |
of some exceptional hazardous condition not common to the class | 4408 |
for those hours worked, or a fraction of those hours worked, when | 4409 |
the employee was subject to the exceptional hazard condition. | 4410 |
(4) Each claim for temporary hazard pay shall be submitted as | 4411 |
a separate payment and shall be subject to an administrative audit | 4412 |
by the director as to the extent and duration of the employee's | 4413 |
exposure to the hazardous condition. | 4414 |
(G) When a full-time employee whose salary or wage is paid | 4415 |
directly by warrant of the | 4416 |
management and who also is eligible for overtime under the "Fair | 4417 |
Labor Standards Act of 1938," 52 Stat. 1060, 29 U.S.C.A. 207, 213, | 4418 |
as amended, is ordered by the appointing authority to report back | 4419 |
to work after termination of the employee's regular work schedule | 4420 |
and the employee reports, the employee shall be paid for such | 4421 |
time. The employee shall be entitled to four hours at the | 4422 |
employee's total rate of pay or overtime compensation for the | 4423 |
actual hours worked, whichever is greater. This division does not | 4424 |
apply to work that is a continuation of or immediately preceding | 4425 |
an employee's regular work schedule. | 4426 |
(H) When a certain position or positions paid in accordance | 4427 |
with schedule B of section 124.15 of the Revised Code or in | 4428 |
accordance with schedule E-1 or schedule E-1 for step seven only | 4429 |
of section 124.152 of the Revised Code require the ability to | 4430 |
speak or write a language other than English, a special pay | 4431 |
supplement may be granted to attract bilingual individuals, to | 4432 |
encourage present employees to become proficient in other | 4433 |
languages, or to retain qualified bilingual employees. The | 4434 |
bilingual pay supplement provided in this division may be granted | 4435 |
in the amount of five per cent of the employee's classification | 4436 |
salary base for each required foreign language and shall remain in | 4437 |
effect as long as the bilingual requirement exists. | 4438 |
(I) The director of administrative services may establish a | 4439 |
shift differential for employees. The differential shall be paid | 4440 |
to employees in positions working in other than the regular or | 4441 |
first shift. In those divisions or agencies where only one shift | 4442 |
prevails, no shift differential shall be paid regardless of the | 4443 |
hours of the day that are worked. The director and the appointing | 4444 |
authority shall designate which positions shall be covered by this | 4445 |
division. | 4446 |
(J) Whenever an employee is assigned to work in a higher | 4447 |
level position for a continuous period of more than two weeks but | 4448 |
no more than two years because of a vacancy, the employee's pay | 4449 |
may be established at a rate that is approximately four per cent | 4450 |
above the employee's current base rate for the period the employee | 4451 |
occupies the position, provided that this temporary occupancy is | 4452 |
approved by the director. Employees paid under this division shall | 4453 |
continue to receive any of the pay supplements due them under | 4454 |
other divisions of this section based on the step one base rate | 4455 |
for their normal classification. | 4456 |
(K) If a certain position, or positions, within a class paid | 4457 |
in accordance with schedule B of section 124.15 of the Revised | 4458 |
Code or in accordance with schedule E-1 or schedule E-1 for step | 4459 |
seven only of section 124.152 of the Revised Code are mandated by | 4460 |
state or federal law or regulation or other regulatory agency or | 4461 |
other certification authority to have special technical | 4462 |
certification, registration, or licensing to perform the functions | 4463 |
which are under the mandate, a special professional achievement | 4464 |
pay supplement may be granted. This special professional | 4465 |
achievement pay supplement shall not be granted when all | 4466 |
incumbents in all positions in a class require a license as | 4467 |
provided in the classification description published by the | 4468 |
department of administrative services; to licensees where no | 4469 |
special or extensive training is required; when certification is | 4470 |
granted upon completion of a stipulated term of in-service | 4471 |
training; when an appointing authority has required certification; | 4472 |
or any other condition prescribed by the director. | 4473 |
(1) Before this supplement may be applied, evidence as to the | 4474 |
requirement must be provided by the agency for each position | 4475 |
involved, and certification must be received from the director as | 4476 |
to the director's concurrence for each of the positions so | 4477 |
affected. | 4478 |
(2) The professional achievement pay supplement provided in | 4479 |
this division shall be granted in an amount up to ten per cent of | 4480 |
the employee's classification salary base and shall remain in | 4481 |
effect as long as the mandate exists. | 4482 |
(L) Those employees assigned to teaching supervisory, | 4483 |
principal, assistant principal, or superintendent positions who | 4484 |
have attained a higher educational level than a basic bachelor's | 4485 |
degree may receive an educational pay supplement to remain in | 4486 |
effect as long as the employee's assignment and classification | 4487 |
remain the same. | 4488 |
(1) An educational pay supplement of two and one-half per | 4489 |
cent of the employee's classification salary base may be applied | 4490 |
upon the achievement of a bachelor's degree plus twenty quarter | 4491 |
hours of postgraduate work. | 4492 |
(2) An educational pay supplement of an additional five per | 4493 |
cent of the employee's classification salary base may be applied | 4494 |
upon achievement of a master's degree. | 4495 |
(3) An educational pay supplement of an additional two and | 4496 |
one-half per cent of the employee's classification salary base may | 4497 |
be applied upon achievement of a master's degree plus thirty | 4498 |
quarter hours of postgraduate work. | 4499 |
(4) An educational pay supplement of five per cent of the | 4500 |
employee's classification salary base may be applied when the | 4501 |
employee is performing as a master teacher. | 4502 |
(5) An educational pay supplement of five per cent of the | 4503 |
employee's classification salary base may be applied when the | 4504 |
employee is performing as a special education teacher. | 4505 |
(6) Those employees in teaching supervisory, principal, | 4506 |
assistant principal, or superintendent positions who are | 4507 |
responsible for specific extracurricular activity programs shall | 4508 |
receive overtime pay for those hours worked in excess of their | 4509 |
normal schedule, at their straight time hourly rate up to a | 4510 |
maximum of five per cent of their regular base salary in any | 4511 |
calendar year. | 4512 |
(M)(1) A state agency, board, or commission may establish a | 4513 |
supplementary compensation schedule for those licensed physicians | 4514 |
employed by the agency, board, or commission in positions | 4515 |
requiring a licensed physician. The supplementary compensation | 4516 |
schedule, together with the compensation otherwise authorized by | 4517 |
this chapter, shall provide for the total compensation for these | 4518 |
employees to range appropriately, but not necessarily uniformly, | 4519 |
for each classification title requiring a licensed physician, in | 4520 |
accordance with a schedule approved by the state controlling | 4521 |
board. The individual salary levels recommended for each such | 4522 |
physician employed shall be approved by the director. | 4523 |
Notwithstanding section 124.11 of the Revised Code, such personnel | 4524 |
are in the unclassified civil service. | 4525 |
(2) The director of administrative services may approve | 4526 |
supplementary compensation for the director of health, if the | 4527 |
director is a licensed physician, in accordance with a | 4528 |
supplementary compensation schedule approved under division (M)(1) | 4529 |
of this section or in accordance with another supplementary | 4530 |
compensation schedule the director of administrative services | 4531 |
considers appropriate. The supplementary compensation shall not | 4532 |
exceed twenty per cent of the director of health's base rate of | 4533 |
pay. | 4534 |
(N) Notwithstanding sections 117.28, 117.30, 117.33, 117.36, | 4535 |
117.42, and 131.02 of the Revised Code, the state shall not | 4536 |
institute any civil action to recover and shall not seek | 4537 |
reimbursement for overpayments made in violation of division (E) | 4538 |
of this section or division (C) of section 9.44 of the Revised | 4539 |
Code for the period starting after June 24, 1987, and ending on | 4540 |
October 31, 1993. | 4541 |
(O) Employees of the office of the treasurer of state who are | 4542 |
exempt from collective bargaining coverage may be granted a merit | 4543 |
pay supplement of up to one and one-half per cent of their step | 4544 |
rate. The rate at which this supplement is granted shall be based | 4545 |
on performance standards established by the treasurer of state. | 4546 |
Any supplements granted under this division shall be administered | 4547 |
on an annual basis. | 4548 |
Sec. 124.182. (A) There is hereby created in the state | 4549 |
treasury the professional development fund. The director of | 4550 |
administrative services shall use moneys credited to the fund to | 4551 |
pay for programs that provide professional development | 4552 |
opportunities for employees who are exempt from collective | 4553 |
bargaining coverage and paid by warrant of the | 4554 |
director of budget and management. The director of administrative | 4555 |
services shall identify by rule adopted under Chapter 119. of the | 4556 |
Revised Code programs for which payments from the fund shall be | 4557 |
made. The fund also shall be used to pay any direct and indirect | 4558 |
costs that are attributable to consultants or a third-party | 4559 |
administrator and that are necessary to administer this section. | 4560 |
All investment earnings of the fund shall be credited to it. | 4561 |
(B) The director of administrative services, in consultation | 4562 |
with the director of budget and management, shall determine a rate | 4563 |
at which the payrolls of all participating state agencies with | 4564 |
employees paid by warrant of
the | 4565 |
budget and management shall be charged each pay period that is | 4566 |
sufficient to cover the costs of administering the programs paid | 4567 |
for with the moneys credited to the professional development fund. | 4568 |
The rate shall be based on the total number of those employees and | 4569 |
may be adjusted as the director of administrative services, in | 4570 |
consultation with the director of budget and management, considers | 4571 |
necessary. All moneys collected from the charge shall be credited | 4572 |
to the professional development fund. | 4573 |
(C) If the director of administrative services determines | 4574 |
that additional appropriation amounts are necessary, the director | 4575 |
may request that the director of budget and management increase | 4576 |
the appropriation amounts. The additional appropriation amounts | 4577 |
are hereby appropriated. | 4578 |
Sec. 124.321. (A) Whenever it becomes necessary for an | 4579 |
appointing authority to reduce its work force, the appointing | 4580 |
authority shall lay off employees or abolish their positions in | 4581 |
accordance with sections 124.321 to 124.327 of the Revised Code | 4582 |
and the rules of the director of administrative services. | 4583 |
(B)(1) Employees may be laid off as a result of a lack of | 4584 |
funds within an appointing authority. For appointing authorities | 4585 |
that employ persons whose salary or wage is paid by warrant of the | 4586 |
4587 | |
of budget and management shall be responsible for determining | 4588 |
whether a lack of funds exists. For appointing authorities that | 4589 |
employ persons whose salary or wage is paid other than by warrant | 4590 |
of the | 4591 |
appointing authority itself shall determine whether a lack of | 4592 |
funds exists and shall file a statement of rationale and | 4593 |
supporting documentation with the director of administrative | 4594 |
services prior to sending the layoff notice. | 4595 |
(2) As used in this division, a "lack of funds" means an | 4596 |
appointing authority has a current or projected deficiency of | 4597 |
funding to maintain current, or to sustain projected, levels of | 4598 |
staffing and operations. This section does not require any | 4599 |
transfer of money between funds in order to offset a deficiency or | 4600 |
projected deficiency of federal funding for a program. | 4601 |
(3) The director of budget and management shall adopt rules, | 4602 |
under Chapter 119. of the Revised Code, for agencies whose | 4603 |
employees are paid by warrant of the | 4604 |
budget and management, for determining whether a lack of funds | 4605 |
exists. | 4606 |
(C)(1) Employees may be laid off as a result of lack of work | 4607 |
within an appointing authority. For appointing authorities whose | 4608 |
employees are paid by warrant of the | 4609 |
budget and management, the director of administrative services | 4610 |
shall determine whether a lack of work exists. All other | 4611 |
appointing authorities shall themselves determine whether a lack | 4612 |
of work exists and shall file a statement of rationale and | 4613 |
supporting documentation with the director of administrative | 4614 |
services prior to sending the layoff notice. | 4615 |
(2) As used in this division, a "lack of work" means an | 4616 |
appointing authority has a current or projected temporary decrease | 4617 |
in the workload, expected to last less than one year, that | 4618 |
requires a reduction of current or projected staffing levels. The | 4619 |
determination of a lack of work shall indicate the current or | 4620 |
projected temporary decrease in the workload of an appointing | 4621 |
authority and whether the current or projected staffing levels of | 4622 |
the appointing authority will be excessive. | 4623 |
(D)(1) Employees may be laid off as a result of abolishment | 4624 |
of positions. As used in this division, "abolishment" means the | 4625 |
deletion of a position or positions from the organization or | 4626 |
structure of an appointing authority. | 4627 |
For purposes of this division, an appointing authority may | 4628 |
abolish positions for any one or any combination of the following | 4629 |
reasons: as a result of a reorganization for the efficient | 4630 |
operation of the appointing authority, for reasons of economy, or | 4631 |
for lack of work. | 4632 |
(2)(a) Reasons of economy permitting an appointing authority | 4633 |
to abolish a position and to lay off the holder of that position | 4634 |
under this division shall be determined at the time the appointing | 4635 |
authority proposes to abolish the position. The reasons of economy | 4636 |
shall be based on the appointing authority's estimated amount of | 4637 |
savings with respect to salary, benefits, and other matters | 4638 |
associated with the abolishment of the position, except that the | 4639 |
reasons of economy associated with the position's abolishment | 4640 |
instead may be based on the appointing authority's estimated | 4641 |
amount of savings with respect to salary and benefits only, if: | 4642 |
(i) Either the appointing authority's operating appropriation | 4643 |
has been reduced by an executive or legislative action, or the | 4644 |
appointing authority has a current or projected deficiency in | 4645 |
funding to maintain current or projected levels of staffing and | 4646 |
operations; and | 4647 |
(ii) It files a notice of the position's abolishment with the | 4648 |
director of administrative services within one year of the | 4649 |
occurrence of the applicable circumstance described in division | 4650 |
(D)(2)(a)(i) of this section. | 4651 |
(b) The following principles apply when a circumstance | 4652 |
described in division (D)(2)(a)(i) of this section would serve to | 4653 |
authorize an appointing authority to abolish a position and to lay | 4654 |
off the holder of the position under this division based on the | 4655 |
appointing authority's estimated amount of savings with respect to | 4656 |
salary and benefits only: | 4657 |
(i) The position's abolishment shall be done in good faith | 4658 |
and not as a subterfuge for discipline. | 4659 |
(ii) If a circumstance affects a specific program only, the | 4660 |
appointing authority only may abolish a position within that | 4661 |
program. | 4662 |
(iii) If a circumstance does not affect a specific program | 4663 |
only, the appointing authority may identify a position that it | 4664 |
considers appropriate for abolishment based on the reasons of | 4665 |
economy. | 4666 |
(3) Each appointing authority shall determine itself whether | 4667 |
any position should be abolished and shall file a statement of | 4668 |
rationale and supporting documentation with the director of | 4669 |
administrative services prior to sending the notice of | 4670 |
abolishment. | 4671 |
If an abolishment results in a reduction of the work force, | 4672 |
the appointing authority shall follow the procedures for laying | 4673 |
off employees, subject to the following modifications: | 4674 |
(a) The employee whose position has been abolished shall have | 4675 |
the right to fill an available vacancy within the employee's | 4676 |
classification. | 4677 |
(b) If the employee whose position has been abolished has | 4678 |
more retention points than any other employee serving in the same | 4679 |
classification, the employee with the fewest retention points | 4680 |
shall be displaced. | 4681 |
(c) If the employee whose position has been abolished has the | 4682 |
fewest retention points in the classification, the employee shall | 4683 |
have the right to fill an available vacancy in a lower | 4684 |
classification in the classification series. | 4685 |
(d) If the employee whose position has been abolished has the | 4686 |
fewest retention points in the classification, the employee shall | 4687 |
displace the employee with the fewest retention points in the next | 4688 |
or successively lower classification in the classification series. | 4689 |
(E) The director of administrative services shall adopt rules | 4690 |
under Chapter 119. of the Revised Code for the determination of | 4691 |
lack of work within an appointing authority, for the abolishment | 4692 |
of positions by an appointing authority, and for the | 4693 |
implementation of this section. | 4694 |
Sec. 124.327. (A) Employees who have been laid off or have, | 4695 |
by virtue of exercising their
| 4696 |
been displaced to a lower classification in their classification | 4697 |
series, shall be placed on appropriate layoff lists. Those | 4698 |
employees with the most retention points within each category of | 4699 |
order of layoff, as established in section 124.323 of the Revised | 4700 |
Code, shall be placed at the top of the layoff list to be followed | 4701 |
by employees ranked in descending total retention order. Laid-off | 4702 |
employees shall be placed on layoff lists for each classification | 4703 |
in the classification series equal to or lower than the | 4704 |
classification in which the employee was employed at the time of | 4705 |
layoff. | 4706 |
(B) An employee who is laid off retains reinstatement rights | 4707 |
in the agency from which the employee was laid off. Reinstatement | 4708 |
rights continue for one year from the date of layoff. During this | 4709 |
one-year period, in any layoff jurisdiction in which an appointing | 4710 |
authority has an employee on a layoff list, the appointing | 4711 |
authority shall not hire or promote anyone into a position within | 4712 |
that classification until all laid-off persons on a layoff list | 4713 |
for that classification who are qualified to perform the duties of | 4714 |
the position are reinstated or decline the position when it is | 4715 |
offered. | 4716 |
(C) Each laid-off or displaced employee, in addition to | 4717 |
reinstatement rights within the employee's appointing authority, | 4718 |
shall have the right to reemployment with other agencies within | 4719 |
the layoff jurisdiction, if the employee is qualified to perform | 4720 |
the duties of the position, but only in the same classification | 4721 |
from which the employee was initially laid off or displaced. | 4722 |
Layoff lists for each appointing authority must be exhausted | 4723 |
before jurisdictional reemployment layoff lists are used. | 4724 |
(D) Any employee accepting or declining reinstatement to the | 4725 |
same classification and same appointment type from which the | 4726 |
employee was laid off or displaced shall be removed from the | 4727 |
appointing authority's layoff list. | 4728 |
(E) Any employee accepting or declining reemployment to the | 4729 |
same classification and the same appointment type from which the | 4730 |
employee was laid off or displaced shall be removed from the | 4731 |
jurisdictional layoff list. | 4732 |
(F) An employee who does not exercise the option to displace | 4733 |
under section 124.324 of the Revised Code shall only be entitled | 4734 |
to reinstatement or reemployment in the classification from which | 4735 |
the employee was displaced or laid off. | 4736 |
(G) An employee who declines reinstatement to a | 4737 |
classification lower in the classification series than the | 4738 |
classification from which the employee was laid off or displaced, | 4739 |
shall thereafter only be entitled to reinstatement to a | 4740 |
classification higher, up to and including the classification from | 4741 |
which the employee was laid off or displaced, in the | 4742 |
classification series than the classification that was declined. | 4743 |
(H) Any employee reinstated or reemployed under this section | 4744 |
shall not serve a probationary period upon reinstatement or | 4745 |
reemployment except that an employee laid off during an original | 4746 |
or promotional probationary period shall begin a new probationary | 4747 |
period. | 4748 |
(I) For the purposes of this section, employees whose salary | 4749 |
or wage is not paid directly by warrant of the | 4750 |
director of budget and management shall be placed on layoff lists | 4751 |
of their appointing authority only. | 4752 |
Sec. 124.382. (A) As used in this section and sections | 4753 |
124.383, 124.386, 124.387, and 124.388 of the Revised Code: | 4754 |
(1) "Base pay period" means the pay period that includes the | 4755 |
first day of December. | 4756 |
(2) "Pay period" means the fourteen-day period of time during | 4757 |
which the payroll is accumulated, as determined by the director of | 4758 |
administrative services. | 4759 |
(3) "Active pay status" means the conditions under which an | 4760 |
employee is eligible to receive pay, and includes, but is not | 4761 |
limited to, vacation leave, sick leave, personal leave, | 4762 |
bereavement leave, and administrative leave. | 4763 |
(4) "No pay status" means the conditions under which an | 4764 |
employee is ineligible to receive pay and includes, but is not | 4765 |
limited to, leave without pay, leave of absence, and disability | 4766 |
leave. | 4767 |
(5) "Disability leave" means the leave granted pursuant to | 4768 |
section 124.385 of the Revised Code. | 4769 |
(6) "Full-time permanent employee" means an employee whose | 4770 |
regular hours of duty total eighty hours in a pay period in a | 4771 |
state agency and whose appointment is not for a limited period of | 4772 |
time. | 4773 |
(7) "Base rate of pay" means the rate of pay established | 4774 |
under schedule B or C of section 124.15 of the Revised Code or | 4775 |
under schedule E-1, schedule E-1 for step seven only, or schedule | 4776 |
E-2 of section 124.152 of the Revised Code, plus any supplement | 4777 |
provided under section 124.181 of the Revised Code, plus any | 4778 |
supplements enacted into law which are added to schedule B or C of | 4779 |
section 124.15 of the Revised Code or to schedule E-1, schedule | 4780 |
E-1 for step seven only, or schedule E-2 of section 124.152 of the | 4781 |
Revised Code. | 4782 |
(8) "Part-time permanent employee" means an employee whose | 4783 |
regular hours of duty total less than eighty hours in a pay period | 4784 |
in a state agency and whose appointment is not for a limited | 4785 |
period of time. | 4786 |
(B) Each full-time permanent and part-time permanent employee | 4787 |
whose salary or wage is paid directly by warrant of the
| 4788 |
4789 | |
sick leave of three and one-tenth hours for each completed eighty | 4790 |
hours of service, excluding overtime hours worked. | 4791 |
(C) Any sick leave credit provided pursuant to division (B) | 4792 |
of this section, remaining as of the last day of the pay period | 4793 |
preceding the next succeeding base pay period, shall be converted | 4794 |
pursuant to section 124.383 of the Revised Code. | 4795 |
(D) Employees may use sick leave, provided a credit balance | 4796 |
is available, upon approval of the responsible administrative | 4797 |
officer of the employing unit, for absence due to personal | 4798 |
illness, pregnancy, injury, exposure to contagious disease that | 4799 |
could be communicated to other employees, and illness, injury, or | 4800 |
death in the employee's immediate family. When sick leave is | 4801 |
used, it shall be deducted from the employee's credit on the basis | 4802 |
of absence from previously scheduled work in such increments of an | 4803 |
hour and at such a compensation rate as the director of | 4804 |
administrative services determines. The appointing authority of | 4805 |
each employing unit may require an employee to furnish a | 4806 |
satisfactory, signed statement to justify the use of sick leave. | 4807 |
If, after having utilized the credit provided by this | 4808 |
section, an employee utilizes sick leave that was accumulated | 4809 |
prior to November 15, 1981, compensation for such sick leave used | 4810 |
shall be at a rate as the director determines. | 4811 |
(E)(1) The previously accumulated sick leave balance of an | 4812 |
employee who has been separated from the public service, for which | 4813 |
separation payments pursuant to section 124.384 of the Revised | 4814 |
Code have not been made, shall be placed to the employee's credit | 4815 |
upon the employee's reemployment in the public service, if the | 4816 |
reemployment takes place within ten years of the date on which the | 4817 |
employee was last terminated from public service. | 4818 |
(2) The previously accumulated sick leave balance of an | 4819 |
employee who has separated from a school district shall be placed | 4820 |
to the employee's credit upon the employee's appointment as an | 4821 |
unclassified employee of the state department of education, if all | 4822 |
of the following apply: | 4823 |
(a) The employee accumulated the sick leave balance while | 4824 |
employed by the school district. | 4825 |
(b) The employee did not receive any separation payments for | 4826 |
the sick leave balance. | 4827 |
(c) The employee's employment with the department takes place | 4828 |
within ten years after the date on which the employee separated | 4829 |
from the school district. | 4830 |
(F) An employee who transfers from one public agency to | 4831 |
another shall be credited with the unused balance of the | 4832 |
employee's accumulated sick leave. | 4833 |
(G) The director of administrative services shall establish | 4834 |
procedures to uniformly administer this section. No sick leave may | 4835 |
be granted to a state employee upon or after the employee's | 4836 |
retirement or termination of employment. | 4837 |
Sec. 124.384. (A) Except as otherwise provided in this | 4838 |
section, employees whose salaries or wages are paid by warrant of | 4839 |
the | 4840 |
have accumulated sick leave under section 124.38 or 124.382 of the | 4841 |
Revised Code shall be paid for a percentage of their accumulated | 4842 |
balances, upon separation for any reason, including death but | 4843 |
excluding retirement, at their last base rate of pay at the rate | 4844 |
of one hour of pay for every two hours of accumulated balances. An | 4845 |
employee who retires in accordance with any retirement plan | 4846 |
offered by the state shall be paid upon retirement for each hour | 4847 |
of the employee's accumulated sick leave balance at a rate of | 4848 |
fifty-five per cent of the employee's last base rate of pay. | 4849 |
An employee serving in a temporary work level or an interim | 4850 |
appointment who elects to convert unused sick leave to cash shall | 4851 |
do so at the base rate of pay of the employee's normal | 4852 |
classification. If an employee dies, the employee's unused sick | 4853 |
leave shall be paid in accordance with section 2113.04 of the | 4854 |
Revised Code or to the employee's estate. | 4855 |
In order to be eligible for the payment authorized by this | 4856 |
section, an employee shall have at least one year of state service | 4857 |
and shall request all or a portion of such payment no later than | 4858 |
three years after separation from state service. No person is | 4859 |
eligible to receive all or a portion of the payment authorized by | 4860 |
this section at any time later than three years after the person's | 4861 |
separation from state service. | 4862 |
(B) Except as otherwise provided in this division, a person | 4863 |
initially employed on or after July 5, 1987, by a state agency in | 4864 |
which the employees' salaries or wages are paid directly by | 4865 |
warrant of the | 4866 |
shall receive payment under this section only for sick leave | 4867 |
accumulated while employed by state agencies in which the | 4868 |
employees' salaries or wages are paid directly by warrant of the | 4869 |
4870 | |
initially employed on or after July 5, 1987, by the state | 4871 |
department of education as an unclassified employee shall receive | 4872 |
payment under this section only for sick leave accumulated while | 4873 |
employed by state agencies in which the employees' salaries or | 4874 |
wages are paid
directly by warrant of the | 4875 |
director of budget and management and for sick leave placed to the | 4876 |
employee's credit under division (E)(2) of section 124.382 of the | 4877 |
Revised Code. | 4878 |
(C) For employees paid in accordance with section 124.152 of | 4879 |
the Revised Code and those employees listed in divisions (B)(2) | 4880 |
and (4) of section 124.14 of the Revised Code, the director of | 4881 |
administrative services, with the approval of the director of | 4882 |
4883 | |
payment of accrued sick leave and vacation leave. | 4884 |
Sec. 124.387. Each full-time permanent and part-time | 4885 |
permanent employee whose salary or wage is paid directly by | 4886 |
warrant of the | 4887 |
shall be granted three days of bereavement leave with pay upon the | 4888 |
death of a member of the employee's immediate family. Compensation | 4889 |
for bereavement leave shall be equal to the employee's base rate | 4890 |
of pay. | 4891 |
Sec. 124.389. The director of administrative services may | 4892 |
establish an employee exchange program for employees whose salary | 4893 |
or wage is
paid directly
by warrant of the | 4894 |
director of budget and management. The director of administrative | 4895 |
services shall adopt rules in accordance with Chapter 119. of the | 4896 |
Revised Code to provide for the administration of the program. | 4897 |
Sec. 124.391. (A) As used in this section, "paid leave" | 4898 |
means sick leave, personal leave, or vacation leave. | 4899 |
(B) The director of administrative services may establish a | 4900 |
program under which an employee paid directly by warrant of the | 4901 |
4902 | |
employee's accrued but unused paid leave to another employee paid | 4903 |
directly by warrant of the | 4904 |
management who has no accrued but unused paid leave and who has a | 4905 |
critical need for it because of circumstances such as a serious | 4906 |
illness or the serious illness of a member of the employee's | 4907 |
immediate family. | 4908 |
If the director of administrative services establishes a | 4909 |
leave donation program under this division, the director shall | 4910 |
adopt rules in accordance with Chapter 119. of the Revised Code to | 4911 |
provide for the administration of the program. These rules shall | 4912 |
include, but not be limited to, provisions that identify the | 4913 |
circumstances under which leave may be donated and that specify | 4914 |
the amount, types, and value of leave that may be donated. | 4915 |
(C) At the discretion of the appropriate legislative | 4916 |
authority, a county may implement a leave donation program, as | 4917 |
provided in this section, for all county agencies or for one or | 4918 |
more designated agencies within the county. | 4919 |
Sec. 124.82. (A) Except as provided in division (D) of this | 4920 |
section, the department of administrative services, in | 4921 |
consultation with the superintendent of insurance, shall, in | 4922 |
accordance with competitive selection procedures of Chapter 125. | 4923 |
of the Revised Code, contract with an insurance company or a | 4924 |
health plan in combination with an insurance company, authorized | 4925 |
to do business in this state, for the issuance of a policy or | 4926 |
contract of health, medical, hospital, dental, or surgical | 4927 |
benefits, or any combination of those benefits, covering state | 4928 |
employees who are paid directly by
warrant of the | 4929 |
director of budget and management, including elected state | 4930 |
officials. The department may fulfill its obligation under this | 4931 |
division by exercising its authority under division (A)(2) of | 4932 |
section 124.81 of the Revised Code. | 4933 |
(B) The department may, in addition, in consultation with the | 4934 |
superintendent of insurance, negotiate and contract with health | 4935 |
insuring corporations holding a certificate of authority under | 4936 |
Chapter 1751. of the Revised Code, in their approved service areas | 4937 |
only, for issuance of a contract or contracts of health care | 4938 |
services, covering state employees who are paid directly by | 4939 |
warrant of the
| 4940 |
including elected state officials. Except for health insuring | 4941 |
corporations, no more than one insurance carrier or health plan | 4942 |
shall be contracted with to provide the same plan of benefits, | 4943 |
provided that: | 4944 |
(1) The amount of the premium or cost for such coverage | 4945 |
contributed by the state, for an individual or for an individual | 4946 |
and the individual's family, does not exceed that same amount of | 4947 |
the premium or cost contributed by the state under division (A) of | 4948 |
this section; | 4949 |
(2) The employee be permitted to exercise the option as to | 4950 |
which plan the employee will select under division (A) or (B) of | 4951 |
this section, at a time that shall be determined by the | 4952 |
department; | 4953 |
(3) The health insuring corporations do not refuse to accept | 4954 |
the employee, or the employee and the employee's family, if the | 4955 |
employee exercises the option to select care provided by the | 4956 |
corporations; | 4957 |
(4) The employee may choose participation in only one of the | 4958 |
plans sponsored by the department; | 4959 |
(5) The director of health examines and certifies to the | 4960 |
department that the quality and adequacy of care rendered by the | 4961 |
health insuring corporations meet at least the standards of care | 4962 |
provided by hospitals and physicians in that employee's community, | 4963 |
who would be providing such care as would be covered by a contract | 4964 |
awarded under division (A) of this section. | 4965 |
(C) All or any portion of the cost, premium, or charge for | 4966 |
the coverage in divisions (A) and (B) of this section may be paid | 4967 |
in such manner or combination of manners as the department | 4968 |
determines and may include the proration of health care costs, | 4969 |
premiums, or charges for part-time employees. | 4970 |
(D) Notwithstanding division (A) of this section, the | 4971 |
department may provide benefits equivalent to those that may be | 4972 |
paid under a policy or contract issued by an insurance company or | 4973 |
a health plan pursuant to division (A) of this section. | 4974 |
(E) This section does not prohibit the state office of | 4975 |
collective bargaining from entering into an agreement with an | 4976 |
employee representative for the purposes of providing fringe | 4977 |
benefits, including, but not limited to, hospitalization, surgical | 4978 |
care, major medical care, disability, dental care, vision care, | 4979 |
medical care, hearing aids, prescription drugs, group life | 4980 |
insurance, sickness and accident insurance, group legal services | 4981 |
or other benefits, or any combination of those benefits, to | 4982 |
employees paid
directly by warrant of the | 4983 |
director of budget and management through a jointly administered | 4984 |
trust fund. The employer's contribution for the cost of the | 4985 |
benefit care shall be mutually agreed to in the collectively | 4986 |
bargained agreement. The amount, type, and structure of fringe | 4987 |
benefits provided under this division is subject to the | 4988 |
determination of the board of trustees of the jointly administered | 4989 |
trust fund. Notwithstanding any other provision of the Revised | 4990 |
Code, competitive bidding does not apply to the purchase of fringe | 4991 |
benefits for employees under this division when those benefits are | 4992 |
provided through a jointly administered trust fund. | 4993 |
(F) Members of state boards or commissions may be covered by | 4994 |
any policy, contract, or plan of benefits or services described in | 4995 |
division (A) or (B) of this section. Board or commission members | 4996 |
who are appointed for a fixed term and who are compensated on a | 4997 |
per meeting basis, or paid only for expenses, or receive a | 4998 |
combination of per diem payments and expenses shall pay the entire | 4999 |
amount of the premiums, costs, or charges for that coverage. | 5000 |
Sec. 124.821. Each state agency shall pay the monthly | 5001 |
enrollee premium for medical insurance coverage under Part B of | 5002 |
"The Social Security Amendments of 1965," 79 Stat. 301, 42 U.S.C. | 5003 |
1395j, as amended, for state employees and elected state officials | 5004 |
who are employed by or serve in the agency, are paid directly by | 5005 |
warrant of the | 5006 |
are sixty-five years of age or older, and are participating in the | 5007 |
program of health insurance for the aged under Title XVIII of the | 5008 |
"Social Security Act," 79 Stat. 286, 42 U.S.C. 1395, as amended. | 5009 |
The cost of the premiums shall not be deducted from any employee's | 5010 |
or official's wage or salary. | 5011 |
The director of administrative services shall uniformly | 5012 |
administer this section and shall, by rule, establish procedures | 5013 |
for carrying out such administration. | 5014 |
Sec. 124.822. (A) The department of administrative services | 5015 |
shall require, as a condition of entering into a contract with a | 5016 |
health insuring corporation that desires to provide health care | 5017 |
services to state employees, including elected public officials, | 5018 |
who are paid directly by warrant of the
| 5019 |
of budget and management and who reside within its approved | 5020 |
service area, that the health insuring corporation enroll at least | 5021 |
five hundred of such eligible state employees, or at least five | 5022 |
per cent of such eligible state employees, whichever is less. | 5023 |
(B) Division (A) of this section applies only to contracts | 5024 |
that are entered into or renewed on or after July 16, 1991. | 5025 |
Sec. 124.823. The department of administrative services | 5026 |
shall establish a pilot program under which it includes medical | 5027 |
savings accounts as part of any package of health care benefit | 5028 |
options offered to state employees and state elected officials | 5029 |
paid by
warrant of the | 5030 |
management. Except for the provisions in divisions (A) and (B) of | 5031 |
section 3924.64 of the Revised Code concerning designation of an | 5032 |
administrator, a medical savings account established as part of | 5033 |
the program is subject to sections 3924.64 to 3924.74 of the | 5034 |
Revised Code. | 5035 |
The department is not required to offer the medical savings | 5036 |
account option to any state employee who is covered under a | 5037 |
collective bargaining agreement entered into pursuant to Chapter | 5038 |
4117. of the Revised Code, but a medical savings account option | 5039 |
may be part of a package of health care benefit options offered | 5040 |
pursuant to a collective bargaining agreement. The department may | 5041 |
limit enrollment in the medical savings account program and may | 5042 |
require state employees enrolled in it to contribute to their | 5043 |
medical savings accounts. The department shall make both | 5044 |
individual and family coverage available through the accounts. The | 5045 |
program shall not increase the cost of providing health insurance | 5046 |
to state employees. The department may end the program at any time | 5047 |
not sooner than two years after it is established, except that the | 5048 |
department may not end the program prior to providing six months' | 5049 |
notice to the speaker of the house of representatives, president | 5050 |
of the senate, minority leader of the house and minority leader of | 5051 |
the senate, and the chairs of the standing committees of the | 5052 |
senate and house of representatives with primary responsibility | 5053 |
for health and insurance legislation. | 5054 |
A state employee who chooses the medical savings account | 5055 |
option shall have any state health, medical, hospital, dental, | 5056 |
surgical, and vision benefits for which the employee is eligible | 5057 |
provided through the medical savings account. The department, | 5058 |
under section 124.81 or 124.82 of the Revised Code, shall contract | 5059 |
for or otherwise provide a high-deductible policy or contract | 5060 |
through which those benefits can be paid. | 5061 |
The employee for whom a medical savings account is opened | 5062 |
shall at the time the account is opened choose an administrator | 5063 |
from a list of administrators designated by the department, one of | 5064 |
which may be the insurer from which the department purchases the | 5065 |
high-deductible policy or contract. If the employee fails to | 5066 |
choose an administrator, the department shall designate an | 5067 |
administrator. | 5068 |
If an elected state official whose term commenced prior to | 5069 |
the establishment of the program elects to participate in the | 5070 |
medical savings account program, participation shall commence at | 5071 |
the beginning of the term following establishment of the program. | 5072 |
Sec. 124.84. (A) The department of administrative services, | 5073 |
in consultation with the superintendent of insurance and subject | 5074 |
to division (D) of this section, shall negotiate and contract with | 5075 |
one or more insurance companies or health insuring corporations | 5076 |
authorized to operate or do business in this state for the | 5077 |
purchase of a policy of long-term care insurance covering all | 5078 |
state employees
who are paid directly by warrant of the | 5079 |
5080 | |
officials. Any policy purchased under this division shall be | 5081 |
negotiated and entered into in accordance with the competitive | 5082 |
selection procedures specified in Chapter 125. of the Revised | 5083 |
Code. As used in this section, "long-term care insurance" has the | 5084 |
same meaning as in section 3923.41 of the Revised Code. | 5085 |
(B) Any elected state official or state employee paid | 5086 |
directly by warrant of the | 5087 |
management may elect to participate in any long-term care | 5088 |
insurance policy purchased under division (A) of this section. All | 5089 |
or any portion of the premium charged may be paid by the state. | 5090 |
Participation in the policy may include the dependents and family | 5091 |
members of the elected state official or state employee. | 5092 |
If a participant in a long-term care insurance policy leaves | 5093 |
employment, the participant and the participant's dependents and | 5094 |
family members may, at their election, continue to participate in | 5095 |
a policy established under this section. The manner of payment and | 5096 |
the portion of premium charged the participant, dependent, and | 5097 |
family member shall be established pursuant to division (E) of | 5098 |
this section. | 5099 |
(C) Any long-term care insurance policy purchased under this | 5100 |
section or section 124.841 or 145.581 of the Revised Code shall | 5101 |
provide for all of the following with respect to the premiums | 5102 |
charged for the policy: | 5103 |
(1) They shall be set at the entry age of the official or | 5104 |
employee when first covered by the policy and shall not increase | 5105 |
except as a class during coverage under the policy. | 5106 |
(2) They shall be based on the class of all officials or | 5107 |
employees covered by the policy. | 5108 |
(3) They shall continue, pursuant to section 145.581 of the | 5109 |
Revised Code, after the retirement of the official or employee who | 5110 |
is covered under the policy, at the rate in effect on the date of | 5111 |
the official's or employee's retirement. | 5112 |
(D) Prior to entering into a contract with an insurance | 5113 |
company or health insuring corporation for the purchase of a | 5114 |
long-term care insurance policy under this section, the department | 5115 |
shall request the superintendent of insurance to certify the | 5116 |
financial condition of the company or corporation. The department | 5117 |
shall not enter into the contract if, according to that | 5118 |
certification, the company or corporation is insolvent, is | 5119 |
determined by the superintendent to be potentially unable to | 5120 |
fulfill its contractual obligations, or is placed under an order | 5121 |
of rehabilitation or conservation by a court of competent | 5122 |
jurisdiction or under an order of supervision by the | 5123 |
superintendent. | 5124 |
(E) The department shall adopt rules in accordance with | 5125 |
section 111.15 of the Revised Code governing long-term care | 5126 |
insurance purchased under this section. All or any portion of the | 5127 |
premium charged the participants, dependents, and family members | 5128 |
shall be paid in such manner or combination of manners as the | 5129 |
department determines. | 5130 |
Sec. 125.21. The director of administrative services shall | 5131 |
process payroll information for the purpose of payment for | 5132 |
personal services of state officials and employees on the basis of | 5133 |
rates of pay determined by pertinent law, the director, or other | 5134 |
competent authority. | 5135 |
Calculation of payrolls may be made after the conclusion of | 5136 |
each pay period based upon the amount of time served as certified | 5137 |
by the appropriate appointing authority. Payment for personal | 5138 |
service rendered by an official or employee during any pay period | 5139 |
shall be made no later than at the conclusion of the official's or | 5140 |
employee's next succeeding pay period. | 5141 |
The director of administrative services shall furnish to the | 5142 |
5143 | |
data for drawing state official and employee pay warrants and | 5144 |
preparing earning statements. These data shall include the rate at | 5145 |
which paid; the time for which paid, including overtime and any | 5146 |
other adjustments affecting the official's or employee's gross | 5147 |
pay; all taxes withheld, including, whenever practicable, | 5148 |
year-to-date figures on all taxes withheld; the amount of | 5149 |
contribution to the appropriate retirement system; any voluntary | 5150 |
deductions made in accordance with authorizations filed by the | 5151 |
official or employee; and whether a direct deposit is to be made | 5152 |
in accordance with an authorization filed by the official or | 5153 |
employee. | 5154 |
Amounts deducted from the salaries or wages of all officials | 5155 |
and employees shall be transferred to the payroll withholding | 5156 |
fund, which is hereby created in the state treasury for the | 5157 |
purpose of consolidating all such deductions made in any month. | 5158 |
Payments from this fund shall be made at intervals for the | 5159 |
intended purpose of the deduction or for refund where it is | 5160 |
determined that deductions were made in error. | 5161 |
Sec. 126.07. No contract, agreement, or obligation involving | 5162 |
the expenditure of money chargeable to an appropriation, nor any | 5163 |
resolution or order for the expenditure of money chargeable to an | 5164 |
appropriation, shall be valid and enforceable unless the director | 5165 |
of budget and management first certifies that there is a balance | 5166 |
in the appropriation not already obligated to pay existing | 5167 |
obligations, in an amount at least equal to the portion of the | 5168 |
contract, agreement, obligation, resolution, or order to be | 5169 |
performed in the current fiscal year. Any written contract or | 5170 |
agreement entered into by the state shall contain a clause stating | 5171 |
that the obligations of the state are subject to this section. | 5172 |
In order to make a payment from the state treasury, a state | 5173 |
agency shall first submit to the director all invoices, claims, | 5174 |
vouchers, and other evidentiary matter related to the payment. If | 5175 |
the director approves payment to be made, the director shall | 5176 |
5177 | |
draw a warrant as
provided in section | 5178 |
Code. The director shall not approve payment to be made if the | 5179 |
director finds that there is not an unobligated balance in the | 5180 |
appropriation for the payment, that the payment is not for a valid | 5181 |
claim against the state that is legally due, or that insufficient | 5182 |
evidentiary matter has been submitted. If the director does not | 5183 |
approve payment, the director shall notify the agency of the | 5184 |
reasons the director has not given approval. | 5185 |
In approving payments to be made under this section, the | 5186 |
director, upon receipt of certification from the director of job | 5187 |
and family services pursuant to section 4141.231 of the Revised | 5188 |
Code, shall withhold from amounts otherwise payable to a person | 5189 |
who is the subject of the director of jobs and family services' | 5190 |
certification, the amount certified to be due and unpaid to the | 5191 |
director of job and family services, and shall approve for payment | 5192 |
to the director of job and family services, the amount withheld. | 5193 |
Sec. 126.21. (A) The director of budget and management shall | 5194 |
do all of the following: | 5195 |
(1) Keep all necessary accounting records; | 5196 |
(2) Prescribe and maintain the accounting system of the state | 5197 |
and establish appropriate accounting procedures and charts of | 5198 |
accounts; | 5199 |
(3) Establish procedures for the use of written, electronic, | 5200 |
optical, or other communications media for approving payment | 5201 |
vouchers; | 5202 |
(4) Reconcile, in the case of any variation between the | 5203 |
amount of any appropriation and the aggregate amount of items of | 5204 |
the appropriation, with the advice and assistance of the state | 5205 |
agency affected by it and the legislative service commission, | 5206 |
totals so as to correspond in the aggregate with the total | 5207 |
appropriation. In the case of a conflict between the item and the | 5208 |
total of which it is a part, the item shall be considered the | 5209 |
intended appropriation. | 5210 |
(5) Evaluate on an ongoing basis and, if necessary, recommend | 5211 |
improvements to the internal controls used in state agencies; | 5212 |
(6) Authorize the establishment of petty cash accounts. The | 5213 |
director of budget and management may withdraw approval for any | 5214 |
petty cash account and require the officer in charge to return to | 5215 |
the state treasury any unexpended balance shown by the officer's | 5216 |
accounts to be on hand. Any officer who is issued a warrant for | 5217 |
petty cash shall render a detailed account of the expenditures of | 5218 |
the petty cash and shall report when requested the balance of | 5219 |
petty cash on hand at any time. | 5220 |
(7) Process orders, invoices, vouchers, claims, and payrolls | 5221 |
and prepare financial reports and statements; | 5222 |
(8) Perform extensions, reviews, and compliance checks prior | 5223 |
to approving a payment as the director considers necessary; | 5224 |
(9) Issue the official comprehensive annual financial report | 5225 |
of the state. The report shall cover all funds of the state | 5226 |
reporting entity and shall include basic financial statements and | 5227 |
required supplementary information prepared in accordance with | 5228 |
generally accepted accounting principles and other information as | 5229 |
the director provides. All state agencies, authorities, | 5230 |
institutions, offices, retirement systems, and other component | 5231 |
units of the state reporting entity as determined by the director | 5232 |
shall furnish the director whatever financial statements and other | 5233 |
information the director requests for the report, in the form, at | 5234 |
the times, covering the periods, and with the attestation the | 5235 |
director prescribes. The information for state institutions of | 5236 |
higher education, as defined in section 3345.011 of the Revised | 5237 |
Code, shall be submitted to the director by the Ohio board of | 5238 |
regents. The board shall establish a due date by which each such | 5239 |
institution shall submit the information to the board, but no such | 5240 |
date shall be later than one hundred twenty days after the end of | 5241 |
the state fiscal year unless a later date is approved by the | 5242 |
director. | 5243 |
(B) In addition to the director's duties under division (A) | 5244 |
of this section, the director of budget and management may | 5245 |
establish and administer one or more state payment card programs | 5246 |
that permit or require state agencies to use a payment card to | 5247 |
purchase equipment, materials, supplies, or services in accordance | 5248 |
with guidelines issued by the director.
| 5249 |
5250 | |
5251 | |
payment card programs that the director establishes pursuant to | 5252 |
this section. | 5253 |
(C) In addition to the director's duties under divisions (A) | 5254 |
and (B) of this section, the director may enter into any contract | 5255 |
or agreement necessary for and incidental to the performance of | 5256 |
the director's duties or the duties of the office of budget and | 5257 |
management. | 5258 |
Sec. 126.22. The director of budget and management may: | 5259 |
(A) Perform | 5260 |
design and implement accounting systems with state agencies; | 5261 |
(B) Provide other accounting services, including the | 5262 |
preparation and submission of reports; | 5263 |
(C) Change any accounting code appearing in appropriations | 5264 |
acts of the general assembly. | 5265 |
| 5266 |
budget and management shall draw warrants against the treasurer of | 5267 |
state pursuant to all requests for
payment that the director | 5268 |
5269 | |
Revised Code. | 5270 |
(B) Unless the director of job and family services has | 5271 |
provided for the making of payments by electronic benefit | 5272 |
transfer, if a financial institution and account have been | 5273 |
designated by the
participant or recipient, payment by the | 5274 |
5275 | |
Ohio works first program pursuant to Chapter 5107. of the Revised | 5276 |
Code or a recipient of disability financial assistance pursuant to | 5277 |
Chapter 5115. of the Revised Code shall be made by direct deposit | 5278 |
to the account of the participant or recipient in the financial | 5279 |
institution. Payment by
the | 5280 |
and management to a recipient of benefits distributed through the | 5281 |
medium of electronic benefit transfer pursuant to section 5101.33 | 5282 |
of the Revised Code shall be by electronic benefit transfer. | 5283 |
Payment by the | 5284 |
as compensation to an employee of the state who has, pursuant to | 5285 |
section 124.151 of the Revised Code, designated a financial | 5286 |
institution and account for the direct deposit of such payments | 5287 |
shall be made by direct deposit to the account of the employee. | 5288 |
Payment to any other payee who has designated a financial | 5289 |
institution and account for the direct deposit of such payment may | 5290 |
be made by direct deposit to the account of the payee in the | 5291 |
financial institution as provided in section 9.37 of the Revised | 5292 |
Code. | 5293 |
5294 | |
5295 | |
5296 | |
5297 | |
director of budget and management or the
| 5298 |
director's agent in a financial institution for the purpose of | 5299 |
effectuating payment by direct deposit or electronic benefit | 5300 |
transfer shall be maintained in accordance with section 135.18 of | 5301 |
the Revised Code. | 5302 |
(C) All other payments from the state treasury shall be made | 5303 |
by paper warrants or by direct deposit payable to the respective | 5304 |
payees. The
| 5305 |
mail the paper warrants to the respective payees or distribute | 5306 |
them through other state agencies, whichever
the | 5307 |
director determines to be the better procedure. | 5308 |
(D) If the average per transaction cost the | 5309 |
director of budget and management incurs in making direct deposits | 5310 |
for a state agency exceeds the average per transaction cost the | 5311 |
5312 | |
public offices during the same period of time,
the | 5313 |
5314 | |
of direct deposits for the agency to the director of | 5315 |
administrative services. The director of administrative services | 5316 |
shall reimburse the | 5317 |
management for such additional costs and add the amount to the | 5318 |
processing charge assessed upon the state agency. | 5319 |
| 5320 |
budget and management is satisfied, by affidavit or otherwise, | 5321 |
that any warrant on the state treasury
drawn by | 5322 |
has been lost or destroyed prior to its presentation for payment, | 5323 |
5324 | |
the lost or destroyed warrant; provided, that before issuing the | 5325 |
replacement, | 5326 |
application therefor execute a formal agreement to indemnify the | 5327 |
state for any loss or damage sustained on account of the issuance | 5328 |
of the replacement and the subsequent presentation and payment of | 5329 |
the original. The form of the agreement shall be prepared by the | 5330 |
attorney general. The agreement when executed shall be filed with | 5331 |
the | 5332 |
liable because of | 5333 |
warrant drawn under this section. | 5334 |
| 5335 |
budget and management shall void any
warrant | 5336 |
on the state treasury pursuant to Chapter 5733. or 5747. of the | 5337 |
Revised Code that is not presented for payment to the treasurer of | 5338 |
state within two years after the date of issuance and shall void | 5339 |
any other warrant | 5340 |
is not presented to the treasurer of state within ninety days | 5341 |
after the date of issuance. | 5342 |
(B) If a warrant voided pursuant to division (A) of this | 5343 |
section was drawn against an appropriation of the current fiscal | 5344 |
year and the holder of the voided warrant presents the warrant for | 5345 |
reissuance, in the same fiscal year, to the state agency that made | 5346 |
the payment originally, the agency shall prepare a voucher for the | 5347 |
holder of the voided warrant, in the amount shown on the warrant | 5348 |
that has been voided, against the same appropriation of the same | 5349 |
fiscal year if the agency is satisfied that payment is proper. | 5350 |
(C) If a warrant was drawn against an appropriation of the | 5351 |
first fiscal year of the fiscal biennium and voided pursuant to | 5352 |
division (A) of this section in either fiscal year of the biennium | 5353 |
and if the holder of the voided warrant presents the warrant for | 5354 |
reissuance, in the second fiscal year of the biennium, to the | 5355 |
state agency that made the payment originally, the agency shall | 5356 |
prepare a voucher for the holder of the voided warrant, in the | 5357 |
amount shown on the warrant that has been voided, against funds | 5358 |
transferred to the agency by the director | 5359 |
pursuant to section 131.33 of the Revised Code, if the agency is | 5360 |
satisfied that payment is proper. If no such funds are available | 5361 |
for transfer, the agency shall prepare the voucher against any | 5362 |
unexpended appropriations of the current fiscal year available to | 5363 |
it. | 5364 |
(D) If a warrant was drawn against an appropriation and, | 5365 |
during the same biennium, was voided pursuant to division (A) of | 5366 |
this section, and if, after that biennium, the holder of the | 5367 |
voided warrant presents the warrant for reissuance to the state | 5368 |
agency that made the payment originally, the agency shall prepare | 5369 |
a voucher for the holder of the voided warrant, in the amount | 5370 |
shown on the warrant that has been voided, against any | 5371 |
appropriation of the current fiscal year made to the agency if the | 5372 |
agency is satisfied that payment is proper. | 5373 |
(E) If a warrant voided pursuant to division (A) of this | 5374 |
section was drawn against an appropriation of a previous fiscal | 5375 |
year and voided after that fiscal biennium and if the holder of | 5376 |
the voided warrant presents the warrant for reissuance to the | 5377 |
state agency that made the payment originally, the agency shall | 5378 |
forward the warrant to the director | 5379 |
a request for reissuance. The director shall make payment to the | 5380 |
holder of the voided warrant, in the amount shown on the warrant | 5381 |
that has been voided, against an appropriation of the current | 5382 |
fiscal year made to the director | 5383 |
reissuance of voided warrants, if the director | 5384 |
5385 |
| 5386 |
and management shall furnish an earnings statement with each pay | 5387 |
warrant issued to a state employee paid on a payroll voucher. The | 5388 |
statement shall include a summary of the earnings information | 5389 |
provided to the
| 5390 |
125.21 of the Revised Code. | 5391 |
Sec. 131.01. As used in Chapters 113., 117., 123., 124., | 5392 |
125., 126., 127., and 131. of the Revised Code, and any statute | 5393 |
that uses the terms in connection with state accounting or | 5394 |
budgeting: | 5395 |
(A) "Account" means any record, element, or summary in which | 5396 |
financial transactions are identified and recorded as debit or | 5397 |
credit transactions in order to summarize items of a similar | 5398 |
nature or classification. | 5399 |
(B) "Accounting procedure" means the arrangement of all | 5400 |
processes which discover, record, and summarize financial | 5401 |
information to produce financial statements and reports and to | 5402 |
provide internal control. | 5403 |
(C) "Accounting system" means the total structure of records | 5404 |
and procedures which discover, record, classify, and report | 5405 |
information on the financial position and operations of a | 5406 |
governmental unit or any of its funds and organizational | 5407 |
components. | 5408 |
(D) "Allocation" means a portion of an appropriation which is | 5409 |
designated for expenditure by specific organizational units or for | 5410 |
special purposes, activities, or objects that do not relate to a | 5411 |
period of time. | 5412 |
(E) "Allotment" means all or part of an appropriation which | 5413 |
may be encumbered or expended within a specific period of time. | 5414 |
(F) "Appropriation" means an authorization granted by the | 5415 |
general assembly to make expenditures and to incur obligations for | 5416 |
specific purposes. | 5417 |
(G) "Assets" means resources owned, controlled, or otherwise | 5418 |
used or held by the state which have monetary value. | 5419 |
(H) "Budget" means the plan of financial operation embodying | 5420 |
an estimate of proposed expenditures and obligations for a given | 5421 |
period and the proposed means of financing them. | 5422 |
(I) "Direct deposit" is a form of electronic funds transfer | 5423 |
in which money is electronically deposited into the account of a | 5424 |
person or entity at a financial institution. | 5425 |
(J) "Disbursement" means a payment made for any purpose. | 5426 |
(K) "Electronic benefit transfer" means the electronic | 5427 |
delivery of benefits through automated teller machines, point of | 5428 |
sale terminals, or other electronic media pursuant to section | 5429 |
5101.33 of the Revised Code. | 5430 |
(L) "Electronic funds transfer" means the electronic movement | 5431 |
of funds via automated clearing house or wire transfer. | 5432 |
(M) "Encumbrancing document" means a document reserving all | 5433 |
or part of an appropriation. | 5434 |
(N) "Expenditure" means a reduction of the balance of an | 5435 |
appropriation after legal requirements have been met. | 5436 |
(O) "Fund" means an independent fiscal and accounting entity | 5437 |
with a self-balancing set of accounts recording cash or other | 5438 |
resources, together with all related liabilities, obligations, | 5439 |
reserves, and fund balances which are segregated for the purpose | 5440 |
of carrying on specific activities or attaining certain objectives | 5441 |
in accordance with special rules, restrictions, or limitations. | 5442 |
(P) "Lapse" means the automatic termination of an | 5443 |
appropriation at the end of the fiscal period for which it was | 5444 |
appropriated. | 5445 |
(Q) "Reappropriation" means an appropriation of a previous | 5446 |
appropriation that is continued in force in a succeeding | 5447 |
appropriation period. "Reappropriation" shall be equated with and | 5448 |
incorporated in the term "appropriation." | 5449 |
(R) "Voucher" means the document used to transmit a claim for | 5450 |
payment and evidentiary matter related to the claim. | 5451 |
(S) "Warrant" means an order drawn upon the treasurer of | 5452 |
state by the | 5453 |
directing the treasurer of state to pay a specified amount, | 5454 |
including an order to make a lump-sum payment to a financial | 5455 |
institution for the transfer of funds by direct deposit or the | 5456 |
drawdown of funds by electronic benefit transfer, and the | 5457 |
resulting electronic transfer to or by the ultimate payees. | 5458 |
The terms defined in this section shall be used, on all | 5459 |
accounting forms, reports, formal rules, and budget requests | 5460 |
produced by a state agency, only as defined in this section. | 5461 |
Sec. 131.02. (A) | 5462 |
section 4123.37 and division (J) of section 4123.511 of the | 5463 |
Revised Code, whenever any amount is payable to the state, the | 5464 |
officer, employee, or agent responsible for administering the law | 5465 |
under which the amount is payable shall immediately proceed to | 5466 |
collect the amount or cause the amount to be collected and shall | 5467 |
pay the amount into the state treasury or into the appropriate | 5468 |
custodial fund in the manner set forth pursuant to section 113.08 | 5469 |
of the Revised Code. Except as otherwise provided in this | 5470 |
division, if the amount is not paid within forty-five days after | 5471 |
payment is due, the officer, employee, or agent shall certify the | 5472 |
amount due to the attorney general, in the form and manner | 5473 |
prescribed by the attorney general, and notify the director of | 5474 |
budget and management thereof. In the case of an amount payable by | 5475 |
a student enrolled in a state institution of higher education, the | 5476 |
amount shall be certified within the later of forty-five days | 5477 |
after the amount is due or the tenth day after the beginning of | 5478 |
the next academic semester, quarter, or other session following | 5479 |
the session for which the payment is payable. The attorney general | 5480 |
may assess the collection cost to the amount certified in such | 5481 |
manner and amount as prescribed by the attorney general. | 5482 |
For the purposes of this section, the attorney general and | 5483 |
the officer, employee, or agent responsible for administering the | 5484 |
law under which the amount is payable shall agree on the time a | 5485 |
payment is due, and that agreed upon time shall be one of the | 5486 |
following times: | 5487 |
(1) If a law, including an administrative rule, of this state | 5488 |
prescribes the time a payment is required to be made or reported, | 5489 |
when the payment is required by that law to be paid or reported. | 5490 |
(2) If the payment is for services rendered, when the | 5491 |
rendering of the services is completed. | 5492 |
(3) If the payment is reimbursement for a loss, when the loss | 5493 |
is incurred. | 5494 |
(4) In the case of a fine or penalty for which a law or | 5495 |
administrative rule does not prescribe a time for payment, when | 5496 |
the fine or penalty is first assessed. | 5497 |
(5) If the payment arises from a legal finding, judgment, or | 5498 |
adjudication order, when the finding, judgment, or order is | 5499 |
rendered or issued. | 5500 |
(6) If the payment arises from an overpayment of money by the | 5501 |
state to another person, when the overpayment is discovered. | 5502 |
(7) The date on which the amount for which an individual is | 5503 |
personally liable under section 5735.35, section 5739.33, or | 5504 |
division (G) of section 5747.07 of the Revised Code is determined. | 5505 |
(8) Upon proof of claim being filed in a bankruptcy case. | 5506 |
(9) Any other appropriate time determined by the attorney | 5507 |
general and the officer, employee, or agent responsible for | 5508 |
administering the law under which the amount is payable on the | 5509 |
basis of statutory requirements or ordinary business processes of | 5510 |
the state agency to which the payment is owed. | 5511 |
(B)(1) The attorney general shall give immediate notice by | 5512 |
mail or otherwise to the party indebted of the nature and amount | 5513 |
of the indebtedness. | 5514 |
(2) If the amount payable to this state arises from a tax | 5515 |
levied under Chapter 5733., 5739., 5741., or 5747. of the Revised | 5516 |
Code, the notice also shall specify all of the following: | 5517 |
(a) The assessment or case number; | 5518 |
(b) The tax pursuant to which the assessment is made; | 5519 |
(c) The reason for the liability, including, if applicable, | 5520 |
that a penalty or interest is due; | 5521 |
(d) An explanation of how and when interest will be added to | 5522 |
the amount assessed; | 5523 |
(e) That the attorney general and tax commissioner, acting | 5524 |
together, have the authority, but are not required, to compromise | 5525 |
the claim and accept payment over a reasonable time, if such | 5526 |
actions are in the best interest of the state. | 5527 |
(C) The attorney general shall collect the claim or secure a | 5528 |
judgment and issue an execution for its collection. | 5529 |
(D) Each claim shall bear interest, from the day on which the | 5530 |
claim became due, at the rate per annum required by section | 5531 |
5703.47 of the Revised Code. | 5532 |
(E) The attorney general and the chief officer of the agency | 5533 |
reporting a claim, acting together, may do any of the following if | 5534 |
such action is in the best interests of the state: | 5535 |
(1) Compromise the claim; | 5536 |
(2) Extend for a reasonable period the time for payment of | 5537 |
the claim by agreeing to accept monthly or other periodic | 5538 |
payments. The agreement may require security for payment of the | 5539 |
claim. | 5540 |
(3) Add fees to recover the cost of processing checks or | 5541 |
other draft instruments returned for insufficient funds and the | 5542 |
cost of providing electronic payment options. | 5543 |
(F)(1) Except as provided in division (F)(2) of this section, | 5544 |
if the attorney general finds, after investigation, that any claim | 5545 |
due and owing to the state is uncollectible, the attorney general, | 5546 |
with the consent of the chief officer of the agency reporting the | 5547 |
claim, may do the following: | 5548 |
(a) Sell, convey, or otherwise transfer the claim to one or | 5549 |
more private entities for collection; | 5550 |
(b) Cancel the claim or cause it to be | 5551 |
(2) The attorney general shall cancel or cause to be | 5552 |
5553 | |
years after the date the claim is certified. | 5554 |
(3) If information contained in a claim that is sold, | 5555 |
conveyed, or transferred to a private entity pursuant to this | 5556 |
section is confidential pursuant to federal law or a section of | 5557 |
the Revised Code that implements a federal law governing | 5558 |
confidentiality, such information remains subject to that law | 5559 |
during and following the sale, conveyance, or transfer. | 5560 |
Sec. 131.022. (A) As used in this section: | 5561 |
(1) "Final overdue claim" means a claim that has been | 5562 |
certified to the attorney general under section 131.02 of the | 5563 |
Revised Code, that has been final for at least one year, and for | 5564 |
which no arrangements have been made for the payment of the claim | 5565 |
or, if arrangements for the payment of the claim have been made, | 5566 |
the person owing the claim has failed to comply with the terms of | 5567 |
the arrangement for more than thirty days. | 5568 |
"Final overdue claim" includes collection costs incurred with | 5569 |
respect to the claim that is the basis of the final overdue claim | 5570 |
and assessed by the attorney general under division (A) of section | 5571 |
131.02 of the Revised Code, interest accreting to the claim under | 5572 |
division (D) of that section, and fees added under division (E)(3) | 5573 |
of that section. | 5574 |
(2) "Final" means a claim has been finalized under the law | 5575 |
providing for the imposition or determination of the amount due, | 5576 |
and any time provided for appeal of the amount, legality, or | 5577 |
validity of the claim has expired without an appeal having been | 5578 |
filed in the manner provided by law. "Final" includes, but is not | 5579 |
limited to, a final determination of the tax commissioner for | 5580 |
which the time for appeal has expired without a notice of appeal | 5581 |
having been filed. | 5582 |
(B) If a claim is certified to the attorney general under | 5583 |
section 131.02 of the Revised Code, at any time after the claim is | 5584 |
a final overdue claim, the attorney general may, subject to the | 5585 |
approval of the controlling board, sell the claim to any person | 5586 |
through a competitive process. | 5587 |
(C) The attorney general may consolidate any number of final | 5588 |
overdue claims for sale under this section. | 5589 |
(D) Not less than sixty days before first offering a final | 5590 |
overdue claim for sale, the attorney general shall provide written | 5591 |
notice, by ordinary mail, to the person owing the claim at that | 5592 |
person's last known mailing address. The notice shall state the | 5593 |
following: | 5594 |
(1) The nature and amount of the claim; | 5595 |
(2) The manner in which the person may contact the office of | 5596 |
the attorney general to arrange terms for payment of the claim; | 5597 |
(3) That if the person does not contact the office of the | 5598 |
attorney general within sixty days after the date the notice is | 5599 |
issued and arrange terms of payment of the claim all of the | 5600 |
following apply: | 5601 |
(a) The attorney general will offer the claim for sale to a | 5602 |
private party for collection by that party by any legal means; | 5603 |
(b) The person is deemed to be denied any right to seek and | 5604 |
obtain a refund of any amount from which the claim arises if the | 5605 |
applicable law otherwise allows for a refund of that nature; | 5606 |
(c) Except as provided in division (I) of this section, the | 5607 |
person is deemed to waive any right the person may have to | 5608 |
confidentiality of information regarding the claim to the extent | 5609 |
confidentiality is provided under any other section of the Revised | 5610 |
Code. | 5611 |
(E) Upon the sale of a final overdue claim under this | 5612 |
section, the claim becomes the property of the purchaser, and the | 5613 |
purchaser may sell or otherwise transfer the claim to any other | 5614 |
person or otherwise dispose of the claim. The owner of the claim | 5615 |
is entitled to all proceeds from the collection of the claim. | 5616 |
Purchasers or transferees of a final overdue claim are subject to | 5617 |
any applicable laws governing collection of debts of the kind | 5618 |
represented by the claim. | 5619 |
(F) Upon the sale or transfer of a final overdue claim under | 5620 |
this section, no refund shall be issued or paid to the person | 5621 |
owing the claim for any part of the amount from which the claim | 5622 |
arises. | 5623 |
(G) Notwithstanding any other section of the Revised Code, | 5624 |
the attorney general, solely for the purpose of effecting the sale | 5625 |
or transfer of a final overdue claim under this section, may | 5626 |
disclose information about the person owing the claim that | 5627 |
otherwise would be confidential under a section of the Revised | 5628 |
Code, and the person shall have no right of action against that | 5629 |
disclosure to the extent a right of that nature is available under | 5630 |
that section. | 5631 |
(H) The authority granted under this section is supplemental | 5632 |
to the authority granted under section 131.02 of the Revised Code. | 5633 |
(I) If information contained in a claim that is sold, | 5634 |
conveyed, or transferred to a private entity pursuant to this | 5635 |
section is confidential pursuant to federal law or a section of | 5636 |
the Revised Code that implements a federal law governing | 5637 |
confidentiality, such information remains subject to that law | 5638 |
during and following the sale, conveyance, or transfer. | 5639 |
Sec. 131.33. No state agency shall incur an obligation which | 5640 |
exceeds the agency's current appropriation authority. Unexpended | 5641 |
balances of appropriations shall, at the close of the period for | 5642 |
which the appropriations are made, revert to the funds from which | 5643 |
the appropriations were made, except that the director of budget | 5644 |
and management shall transfer such unexpended balances from the | 5645 |
first fiscal year to the second fiscal year of an agency's | 5646 |
appropriations to the extent necessary for voided warrants to be | 5647 |
reissued pursuant to division (C) of section
| 5648 |
Revised Code. | 5649 |
Except as provided in this section, appropriations made to a | 5650 |
specific fiscal year shall be expended only to pay liabilities | 5651 |
incurred within that fiscal year. | 5652 |
All payrolls shall be charged to the allotments of the fiscal | 5653 |
quarters in which the applicable payroll vouchers are certified by | 5654 |
the director of budget and management in accordance with section | 5655 |
126.07 of the Revised Code. As used in this section, "payrolls" | 5656 |
means any payment made in accordance with section 125.21 of the | 5657 |
Revised Code. | 5658 |
Legal liabilities from prior fiscal years for which there is | 5659 |
no reappropriation authority shall be discharged from the | 5660 |
unencumbered balances of current appropriations. | 5661 |
Sec. 133.01. As used in this chapter, in sections 9.95, | 5662 |
9.96, and 2151.655 of the Revised Code, in other sections of the | 5663 |
Revised Code that make reference to this chapter unless the | 5664 |
context does not permit, and in related proceedings, unless | 5665 |
otherwise expressly provided: | 5666 |
(A) "Acquisition" as applied to real or personal property | 5667 |
includes, among other forms of acquisition, acquisition by | 5668 |
exercise of a purchase option, and acquisition of interests in | 5669 |
property, including, without limitation, easements and | 5670 |
rights-of-way, and leasehold and other lease interests initially | 5671 |
extending or extendable for a period of at least sixty months. | 5672 |
(B) "Anticipatory securities" means securities, including | 5673 |
notes, issued in anticipation of the issuance of other securities. | 5674 |
(C) "Board of elections" means the county board of elections | 5675 |
of the county in which the subdivision is located. If the | 5676 |
subdivision is located in more than one county, "board of | 5677 |
elections" means the county board of elections of the county that | 5678 |
contains the largest portion of the population of the subdivision | 5679 |
or that otherwise has jurisdiction in practice over and | 5680 |
customarily handles election matters relating to the subdivision. | 5681 |
(D) "Bond retirement fund" means the bond retirement fund | 5682 |
provided for in section 5705.09 of the Revised Code, and also | 5683 |
means a sinking fund or any other special fund, regardless of the | 5684 |
name applied to it, established by or pursuant to law or the | 5685 |
proceedings for the payment of debt charges. Provision may be made | 5686 |
in the applicable proceedings for the establishment in a bond | 5687 |
retirement fund of separate accounts relating to debt charges on | 5688 |
particular securities, or on securities payable from the same or | 5689 |
common sources, and for the application of moneys in those | 5690 |
accounts only to specified debt charges on specified securities or | 5691 |
categories of securities. Subject to law and any provisions in the | 5692 |
applicable proceedings, moneys in a bond retirement fund or | 5693 |
separate account in a bond retirement fund may be transferred to | 5694 |
other funds and accounts. | 5695 |
(E) "Capitalized interest" means all or a portion of the | 5696 |
interest payable on securities from their date to a date stated or | 5697 |
provided for in the applicable legislation, which interest is to | 5698 |
be paid from the proceeds of the securities. | 5699 |
(F) "Chapter 133. securities" means securities authorized by | 5700 |
or issued pursuant to or in accordance with this chapter. | 5701 |
(G) "County auditor" means the county auditor of the county | 5702 |
in which the subdivision is located. If the subdivision is located | 5703 |
in more than one county, "county auditor" means the county auditor | 5704 |
of the county that contains the highest amount of the tax | 5705 |
valuation of the subdivision or that otherwise has jurisdiction in | 5706 |
practice over and customarily handles property tax matters | 5707 |
relating to the subdivision. In the case of a county that has | 5708 |
adopted a charter, "county auditor" means the officer who | 5709 |
generally has the duties and functions provided in the Revised | 5710 |
Code for a county auditor. | 5711 |
(H) "Credit enhancement facilities" means letters of credit, | 5712 |
lines of credit, stand-by, contingent, or firm securities purchase | 5713 |
agreements, insurance, or surety arrangements, guarantees, and | 5714 |
other arrangements that provide for direct or contingent payment | 5715 |
of debt charges, for security or additional security in the event | 5716 |
of nonpayment or default in respect of securities, or for making | 5717 |
payment of debt charges to and at the option and on demand of | 5718 |
securities holders or at the option of the issuer or upon certain | 5719 |
conditions occurring under put or similar arrangements, or for | 5720 |
otherwise supporting the credit or liquidity of the securities, | 5721 |
and includes credit, reimbursement, marketing, remarketing, | 5722 |
indexing, carrying, interest rate hedge, and subrogation | 5723 |
agreements, and other agreements and arrangements for payment and | 5724 |
reimbursement of the person providing the credit enhancement | 5725 |
facility and the security for that payment and reimbursement. | 5726 |
(I) "Current operating expenses" or "current expenses" means | 5727 |
the lawful expenditures of a subdivision, except those for | 5728 |
permanent improvements and for payments of debt charges of the | 5729 |
subdivision. | 5730 |
(J) "Debt charges" means the principal, including any | 5731 |
mandatory sinking fund deposits and mandatory redemption payments, | 5732 |
interest, and any redemption premium, payable on securities as | 5733 |
those payments come due and are payable. The use of "debt charges" | 5734 |
for this purpose does not imply that any particular securities | 5735 |
constitute debt within the meaning of the Ohio Constitution or | 5736 |
other laws. | 5737 |
(K) "Financing costs" means all costs and expenses relating | 5738 |
to the authorization, including any required election, issuance, | 5739 |
sale, delivery, authentication, deposit, custody, clearing, | 5740 |
registration, transfer, exchange, fractionalization, replacement, | 5741 |
payment, and servicing of securities, including, without | 5742 |
limitation, costs and expenses for or relating to publication and | 5743 |
printing, postage, delivery, preliminary and final official | 5744 |
statements, offering circulars, and informational statements, | 5745 |
travel and transportation, underwriters, placement agents, | 5746 |
investment bankers, paying agents, registrars, authenticating | 5747 |
agents, remarketing agents, custodians, clearing agencies or | 5748 |
corporations, securities depositories, financial advisory | 5749 |
services, certifications, audits, federal or state regulatory | 5750 |
agencies, accounting and computation services, legal services and | 5751 |
obtaining approving legal opinions and other legal opinions, | 5752 |
credit ratings, redemption premiums, and credit enhancement | 5753 |
facilities. Financing costs may be paid from any moneys available | 5754 |
for the purpose, including, unless otherwise provided in the | 5755 |
proceedings, from the proceeds of the securities to which they | 5756 |
relate and, as to future financing costs, from the same sources | 5757 |
from which debt charges on the securities are paid and as though | 5758 |
debt charges. | 5759 |
(L) "Fiscal officer" means the following, or, in the case of | 5760 |
absence or vacancy in the office, a deputy or assistant authorized | 5761 |
by law or charter to act in the place of the named officer, or if | 5762 |
there is no such authorization then the deputy or assistant | 5763 |
authorized by legislation to act in the place of the named officer | 5764 |
for purposes of this chapter, in the case of the following | 5765 |
subdivisions: | 5766 |
(1) A county, the county auditor; | 5767 |
(2) A municipal corporation, the city auditor or village | 5768 |
clerk or clerk-treasurer, or the officer who, by virtue of a | 5769 |
charter, has the duties and functions provided in the Revised Code | 5770 |
for the city auditor or village clerk or clerk-treasurer; | 5771 |
(3) A school district, the treasurer of the board of | 5772 |
education; | 5773 |
(4) A regional water and sewer district, the secretary of the | 5774 |
board of trustees; | 5775 |
(5) A joint township hospital district, the treasurer of the | 5776 |
district; | 5777 |
(6) A joint ambulance district, the clerk of the board of | 5778 |
trustees; | 5779 |
(7) A joint recreation district, the person designated | 5780 |
pursuant to section 755.15 of the Revised Code; | 5781 |
(8) A detention facility district or a district organized | 5782 |
under section 2151.65 of the Revised Code or a combined district | 5783 |
organized under sections 2152.41 and 2151.65 of the Revised Code, | 5784 |
the county auditor of the county designated by law to act as the | 5785 |
auditor of the district; | 5786 |
(9) A township, a fire district organized under division (C) | 5787 |
of section 505.37 of the Revised Code, or a township police | 5788 |
district, the fiscal officer of the township; | 5789 |
(10) A joint fire district, the clerk of the board of | 5790 |
trustees of that district; | 5791 |
(11) A regional or county library district, the person | 5792 |
responsible for the financial affairs of that district; | 5793 |
(12) A joint solid waste management district, the fiscal | 5794 |
officer appointed by the board of directors of the district under | 5795 |
section 343.01 of the Revised Code; | 5796 |
(13) A joint emergency medical services district, the person | 5797 |
appointed as fiscal officer pursuant to division (D) of section | 5798 |
307.053 of the Revised Code; | 5799 |
(14) A fire and ambulance district, the person appointed as | 5800 |
fiscal officer under division (B) of section 505.375 of the | 5801 |
Revised Code; | 5802 |
(15) A subdivision described in division (MM)(17) of this | 5803 |
section, the officer who is designated by law as or performs the | 5804 |
functions of its chief fiscal officer. | 5805 |
(M) "Fiscal year" has the same meaning as in section 9.34 of | 5806 |
the Revised Code. | 5807 |
(N) "Fractionalized interests in public obligations" means | 5808 |
participations, certificates of participation, shares, or other | 5809 |
instruments or agreements, separate from the public obligations | 5810 |
themselves, evidencing ownership of interests in public | 5811 |
obligations or of rights to receive payments of, or on account of, | 5812 |
principal or interest or their equivalents payable by or on behalf | 5813 |
of an obligor pursuant to public obligations. | 5814 |
(O) "Fully registered securities" means securities in | 5815 |
certificated or uncertificated form, registered as to both | 5816 |
principal and interest in the name of the owner. | 5817 |
(P) "Fund" means to provide for the payment of debt charges | 5818 |
and expenses related to that payment at or prior to retirement by | 5819 |
purchase, call for redemption, payment at maturity, or otherwise. | 5820 |
(Q) "General obligation" means securities to the payment of | 5821 |
debt charges on which the full faith and credit and the general | 5822 |
property taxing power, including taxes within the tax limitation | 5823 |
if available to the subdivision, of the subdivision are pledged. | 5824 |
(R) "Interest" or "interest equivalent" means those payments | 5825 |
or portions of payments, however denominated, that constitute or | 5826 |
represent consideration for forbearing the collection of money, or | 5827 |
for deferring the receipt of payment of money to a future time. | 5828 |
(S) "Internal Revenue Code" means the "Internal Revenue Code | 5829 |
of 1986," 100 Stat. 2085, 26 U.S.C.A. 1 et seq., as amended, and | 5830 |
includes any laws of the United States providing for application | 5831 |
of that code. | 5832 |
(T) "Issuer" means any public issuer and any nonprofit | 5833 |
corporation authorized to issue securities for or on behalf of any | 5834 |
public issuer. | 5835 |
(U) "Legislation" means an ordinance or resolution passed by | 5836 |
a majority affirmative vote of the then members of the taxing | 5837 |
authority unless a different vote is required by charter | 5838 |
provisions governing the passage of the particular legislation by | 5839 |
the taxing authority. | 5840 |
(V) "Mandatory sinking fund redemption requirements" means | 5841 |
amounts required by proceedings to be deposited in a bond | 5842 |
retirement fund for the purpose of paying in any year or fiscal | 5843 |
year by mandatory redemption prior to stated maturity the | 5844 |
principal of securities that is due and payable, except for | 5845 |
mandatory prior redemption requirements as provided in those | 5846 |
proceedings, in a subsequent year or fiscal year. | 5847 |
(W) "Mandatory sinking fund requirements" means amounts | 5848 |
required by proceedings to be deposited in a year or fiscal year | 5849 |
in a bond retirement fund for the purpose of paying the principal | 5850 |
of securities that is due and payable in a subsequent year or | 5851 |
fiscal year. | 5852 |
(X) "Net indebtedness" has the same meaning as in division | 5853 |
(A) of section 133.04 of the Revised Code. | 5854 |
(Y) "Obligor," in the case of securities or fractionalized | 5855 |
interests in public obligations issued by another person the debt | 5856 |
charges or their equivalents on which are payable from payments | 5857 |
made by a public issuer, means that public issuer. | 5858 |
(Z) "One purpose" relating to permanent improvements means | 5859 |
any one permanent improvement or group or category of permanent | 5860 |
improvements for the same utility, enterprise, system, or project, | 5861 |
development or redevelopment project, or for or devoted to the | 5862 |
same general purpose, function, or use or for which | 5863 |
self-supporting securities, based on the same or different sources | 5864 |
of revenues, may be issued or for which special assessments may be | 5865 |
levied by a single ordinance or resolution. "One purpose" | 5866 |
includes, but is not limited to, in any case any off-street | 5867 |
parking facilities relating to another permanent improvement, and: | 5868 |
(1) Any number of roads, highways, streets, bridges, | 5869 |
sidewalks, and viaducts; | 5870 |
(2) Any number of off-street parking facilities; | 5871 |
(3) In the case of a county, any number of permanent | 5872 |
improvements for courthouse, jail, county offices, and other | 5873 |
county buildings, and related facilities; | 5874 |
(4) In the case of a school district, any number of | 5875 |
facilities and buildings for school district purposes, and related | 5876 |
facilities. | 5877 |
(AA) "Outstanding," referring to securities, means securities | 5878 |
that have been issued, delivered, and paid for, except any of the | 5879 |
following: | 5880 |
(1) Securities canceled upon surrender, exchange, or | 5881 |
transfer, or upon payment or redemption; | 5882 |
(2) Securities in replacement of which or in exchange for | 5883 |
which other securities have been issued; | 5884 |
(3) Securities for the payment, or redemption or purchase for | 5885 |
cancellation prior to maturity, of which sufficient moneys or | 5886 |
investments, in accordance with the applicable legislation or | 5887 |
other proceedings or any applicable law, by mandatory sinking fund | 5888 |
redemption requirements, mandatory sinking fund requirements, or | 5889 |
otherwise, have been deposited, and credited for the purpose in a | 5890 |
bond retirement fund or with a trustee or paying or escrow agent, | 5891 |
whether at or prior to their maturity or redemption, and, in the | 5892 |
case of securities to be redeemed prior to their stated maturity, | 5893 |
notice of redemption has been given or satisfactory arrangements | 5894 |
have been made for giving notice of that redemption, or waiver of | 5895 |
that notice by or on behalf of the affected security holders has | 5896 |
been filed with the subdivision or its agent for the purpose. | 5897 |
(BB) "Paying agent" means the one or more banks, trust | 5898 |
companies, or other financial institutions or qualified persons, | 5899 |
including an appropriate office or officer of the subdivision, | 5900 |
designated as a paying agent or place of payment of debt charges | 5901 |
on the particular securities. | 5902 |
(CC) "Permanent improvement" or "improvement" means any | 5903 |
property, asset, or improvement certified by the fiscal officer, | 5904 |
which certification is conclusive, as having an estimated life or | 5905 |
period of usefulness of five years or more, and includes, but is | 5906 |
not limited to, real estate, buildings, and personal property and | 5907 |
interests in real estate, buildings, and personal property, | 5908 |
equipment, furnishings, and site improvements, and reconstruction, | 5909 |
rehabilitation, renovation, installation, improvement, | 5910 |
enlargement, and extension of property, assets, or improvements so | 5911 |
certified as having an estimated life or period of usefulness of | 5912 |
five years or more. The acquisition of all the stock ownership of | 5913 |
a corporation is the acquisition of a permanent improvement to the | 5914 |
extent that the value of that stock is represented by permanent | 5915 |
improvements. A permanent improvement for parking, highway, road, | 5916 |
and street purposes includes resurfacing, but does not include | 5917 |
ordinary repair. | 5918 |
(DD) "Person" has the same meaning as in section 1.59 of the | 5919 |
Revised Code and also includes any federal, state, interstate, | 5920 |
regional, or local governmental agency, any subdivision, and any | 5921 |
combination of those persons. | 5922 |
(EE) "Proceedings" means the legislation, certifications, | 5923 |
notices, orders, sale proceedings, trust agreement or indenture, | 5924 |
mortgage, lease, lease-purchase agreement, assignment, credit | 5925 |
enhancement facility agreements, and other agreements, | 5926 |
instruments, and documents, as amended and supplemented, and any | 5927 |
election proceedings, authorizing, or providing for the terms and | 5928 |
conditions applicable to, or providing for the security or sale or | 5929 |
award of, public obligations, and includes the provisions set | 5930 |
forth or incorporated in those public obligations and proceedings. | 5931 |
(FF) "Public issuer" means any of the following that is | 5932 |
authorized by law to issue securities or enter into public | 5933 |
obligations: | 5934 |
(1) The state, including an agency, commission, officer, | 5935 |
institution, board, authority, or other instrumentality of the | 5936 |
state; | 5937 |
(2) A taxing authority, subdivision, district, or other local | 5938 |
public or governmental entity, and any combination or consortium, | 5939 |
or public division, district, commission, authority, department, | 5940 |
board, officer, or institution, thereof; | 5941 |
(3) Any other body corporate and politic, or other public | 5942 |
entity. | 5943 |
(GG) "Public obligations" means both of the following: | 5944 |
(1) Securities; | 5945 |
(2) Obligations of a public issuer to make payments under | 5946 |
installment sale, lease, lease purchase, or similar agreements, | 5947 |
which obligations bear interest or interest equivalent. | 5948 |
(HH) "Refund" means to fund and retire outstanding | 5949 |
securities, including advance refunding with or without payment or | 5950 |
redemption prior to maturity. | 5951 |
(II) "Register" means the books kept and maintained by the | 5952 |
registrar for registration, exchange, and transfer of registered | 5953 |
securities. | 5954 |
(JJ) "Registrar" means the person responsible for keeping the | 5955 |
register for the particular registered securities, designated by | 5956 |
or pursuant to the proceedings. | 5957 |
(KK) "Securities" means bonds, notes, certificates of | 5958 |
indebtedness, commercial paper, and other instruments in writing, | 5959 |
including, unless the context does not admit, anticipatory | 5960 |
securities, issued by an issuer to evidence its obligation to | 5961 |
repay money borrowed, or to pay interest, by, or to pay at any | 5962 |
future time other money obligations of, the issuer of the | 5963 |
securities, but not including public obligations described in | 5964 |
division (GG)(2) of this section. | 5965 |
(LL) "Self-supporting securities" means securities or | 5966 |
portions of securities issued for the purpose of paying costs of | 5967 |
permanent improvements to the extent that receipts of the | 5968 |
subdivision, other than the proceeds of taxes levied by that | 5969 |
subdivision, derived from or with respect to the improvements or | 5970 |
the operation of the improvements being financed, or the | 5971 |
enterprise, system, project, or category of improvements of which | 5972 |
the improvements being financed are part, are estimated by the | 5973 |
fiscal officer to be sufficient to pay the current expenses of | 5974 |
that operation or of those improvements or enterprise, system, | 5975 |
project, or categories of improvements and the debt charges | 5976 |
payable from those receipts on securities issued for the purpose. | 5977 |
Until such time as the improvements or increases in rates and | 5978 |
charges have been in operation or effect for a period of at least | 5979 |
six months, the receipts therefrom, for purposes of this | 5980 |
definition, shall be those estimated by the fiscal officer, except | 5981 |
that those receipts may include, without limitation, payments made | 5982 |
and to be made to the subdivision under leases or agreements in | 5983 |
effect at the time the estimate is made. In the case of an | 5984 |
operation, improvements, or enterprise, system, project, or | 5985 |
category of improvements without at least a six-month history of | 5986 |
receipts, the estimate of receipts by the fiscal officer, other | 5987 |
than those to be derived under leases and agreements then in | 5988 |
effect, shall be confirmed by the taxing authority. | 5989 |
(MM) "Subdivision" means any of the following: | 5990 |
(1) A county, including a county that has adopted a charter | 5991 |
under Article X, Ohio Constitution; | 5992 |
(2) A municipal corporation, including a municipal | 5993 |
corporation that has adopted a charter under Article XVIII, Ohio | 5994 |
Constitution; | 5995 |
(3) A school district; | 5996 |
(4) A regional water and sewer district organized under | 5997 |
Chapter 6119. of the Revised Code; | 5998 |
(5) A joint township hospital district organized under | 5999 |
section 513.07 of the Revised Code; | 6000 |
(6) A joint ambulance district organized under section 505.71 | 6001 |
of the Revised Code; | 6002 |
(7) A joint recreation district organized under division (C) | 6003 |
of section 755.14 of the Revised Code; | 6004 |
(8) A detention facility district organized under section | 6005 |
2152.41, a district organized under section 2151.65, or a combined | 6006 |
district organized under sections 2152.41 and 2151.65 of the | 6007 |
Revised Code; | 6008 |
(9) A township police district organized under section 505.48 | 6009 |
of the Revised Code; | 6010 |
(10) A township; | 6011 |
(11) A joint fire district organized under section 505.371 of | 6012 |
the Revised Code; | 6013 |
(12) A county library district created under section 3375.19 | 6014 |
or a regional library district created under section 3375.28 of | 6015 |
the Revised Code; | 6016 |
(13) A joint solid waste management district organized under | 6017 |
section 343.01 or 343.012 of the Revised Code; | 6018 |
(14) A joint emergency medical services district organized | 6019 |
under section 307.052 of the Revised Code; | 6020 |
(15) A fire and ambulance district organized under section | 6021 |
505.375 of the Revised Code; | 6022 |
(16) A fire district organized under division (C) of section | 6023 |
505.37 of the Revised Code; | 6024 |
(17) Any other political subdivision or taxing district or | 6025 |
other local public body or agency authorized by this chapter or | 6026 |
other laws to issue Chapter 133. securities. | 6027 |
(NN) "Taxing authority" means in the case of the following | 6028 |
subdivisions: | 6029 |
(1) A county, a county library district, or a regional | 6030 |
library district, the board or boards of county commissioners, or | 6031 |
other legislative authority of a county that has adopted a charter | 6032 |
under Article X, Ohio Constitution, but with respect to such a | 6033 |
library district acting solely as agent for the board of trustees | 6034 |
of that district; | 6035 |
(2) A municipal corporation, the legislative authority; | 6036 |
(3) A school district, the board of education; | 6037 |
(4) A regional water and sewer district, a joint ambulance | 6038 |
district, a joint recreation district, a fire and ambulance | 6039 |
district, or a joint fire district, the board of trustees of the | 6040 |
district; | 6041 |
(5) A joint township hospital district, the joint township | 6042 |
hospital board; | 6043 |
(6) A detention facility district or a district organized | 6044 |
under section 2151.65 of the Revised Code, a combined district | 6045 |
organized under sections 2152.41 and 2151.65 of the Revised Code, | 6046 |
or a joint emergency medical services district, the joint board of | 6047 |
county commissioners; | 6048 |
(7) A township, a fire district organized under division (C) | 6049 |
of section 505.37 of the Revised Code, or a township police | 6050 |
district, the board of township trustees; | 6051 |
(8) A joint solid waste management district organized under | 6052 |
section 343.01 or 343.012 of the Revised Code, the board of | 6053 |
directors of the district; | 6054 |
(9) A subdivision described in division (MM)(17) of this | 6055 |
section, the legislative or governing body or official. | 6056 |
(OO) "Tax limitation" means the "ten-mill limitation" as | 6057 |
defined in section 5705.02 of the Revised Code without diminution | 6058 |
by reason of section 5705.313 of the Revised Code or otherwise, | 6059 |
or, in the case of a municipal corporation or county with a | 6060 |
different charter limitation on property taxes levied to pay debt | 6061 |
charges on unvoted securities, that charter limitation. Those | 6062 |
limitations shall be respectively referred to as the "ten-mill | 6063 |
limitation" and the "charter tax limitation." | 6064 |
(PP) "Tax valuation" means the aggregate of the valuations of | 6065 |
property subject to ad valorem property taxation by the | 6066 |
subdivision on the real property, personal property, and public | 6067 |
utility property tax lists and duplicates most recently certified | 6068 |
for collection, and shall be calculated without deductions of the | 6069 |
valuations of otherwise taxable property exempt in whole or in | 6070 |
part from taxation by reason of exemptions of certain amounts of | 6071 |
taxable value under division (C) of section 5709.01 or section | 6072 |
323.152 of the Revised Code, or similar laws now or in the future | 6073 |
in effect. | 6074 |
For purposes of section 133.06 of the Revised Code, "tax | 6075 |
valuation" shall not include the valuation of tangible personal | 6076 |
property used in business, telephone or telegraph property, | 6077 |
interexchange telecommunications company property, or personal | 6078 |
property owned or leased by a railroad company and used in | 6079 |
railroad operations listed under or described in section 5711.22, | 6080 |
division (B) or (F) of section 5727.111, or section 5727.12 of the | 6081 |
Revised Code. | 6082 |
(QQ) "Year" means the calendar year. | 6083 |
(RR) "Administrative agent," "agent," "commercial paper," | 6084 |
"floating rate interest structure," "indexing agent," "interest | 6085 |
rate hedge," "interest rate period," "put arrangement," and | 6086 |
"remarketing agent" have the same meanings as in section 9.98 of | 6087 |
the Revised Code. | 6088 |
(SS) "Sales tax supported" means obligations to the payment | 6089 |
of debt charges on which an additional sales tax or additional | 6090 |
sales taxes have been pledged by the taxing authority of a county | 6091 |
pursuant to section 133.081 of the Revised Code. | 6092 |
Sec. 133.04. (A) As used in this chapter, "net indebtedness" | 6093 |
means, as determined pursuant to this section, the principal | 6094 |
amount of the outstanding securities of a subdivision less the | 6095 |
amount held in a bond retirement fund to the extent such amount is | 6096 |
not taken into account in determining the principal amount | 6097 |
outstanding under division (AA) of section 133.01 of the Revised | 6098 |
Code. For purposes of this definition, the principal amount of | 6099 |
outstanding securities includes the principal amount of | 6100 |
outstanding securities of another subdivision apportioned to the | 6101 |
subdivision as a result of acquisition of territory, and excludes | 6102 |
the principal amount of outstanding securities of the subdivision | 6103 |
apportioned to another subdivision as a result of loss of | 6104 |
territory and the payment or reimbursement obligations of the | 6105 |
subdivision under credit enhancement facilities relating to | 6106 |
outstanding securities. | 6107 |
(B) In calculating the net indebtedness of a subdivision, | 6108 |
none of the following securities, including anticipatory | 6109 |
securities issued in anticipation of their issuance, shall be | 6110 |
considered: | 6111 |
(1) Securities issued in anticipation of the levy or | 6112 |
collection of special assessments, either in original or refunded | 6113 |
form; | 6114 |
(2) Securities issued in anticipation of the collection of | 6115 |
current revenues for the fiscal year or other period not to exceed | 6116 |
twelve consecutive months, or securities issued in anticipation of | 6117 |
the collection of the proceeds from a specifically identified | 6118 |
voter-approved tax levy; | 6119 |
(3) Securities issued for purposes described in section | 6120 |
133.12 of the Revised Code; | 6121 |
(4) Securities issued under Chapter 122., 140., 165., 725., | 6122 |
or 761. or section 131.23 of the Revised Code; | 6123 |
(5) Securities issued to pay final judgments or | 6124 |
court-approved settlements under authorizing laws and securities | 6125 |
issued under section 2744.081 of the Revised Code; | 6126 |
(6) Securities issued to pay costs of permanent improvements | 6127 |
to the extent they are issued in anticipation of the receipt of, | 6128 |
and are payable as to principal from, federal or state grants or | 6129 |
distributions for, or legally available for, that principal or for | 6130 |
the costs of those permanent improvements; | 6131 |
(7) Securities issued to evidence loans from the state | 6132 |
capital improvements fund pursuant to Chapter 164. of the Revised | 6133 |
Code or from the state infrastructure bank pursuant to section | 6134 |
5531.09 of the Revised Code; | 6135 |
(8) That percentage of the principal amount of general | 6136 |
obligation securities issued by a county, township, or municipal | 6137 |
corporation to pay the costs of permanent improvements equal to | 6138 |
the percentage of the debt charges on those securities payable | 6139 |
during the current fiscal year that the fiscal officer estimates | 6140 |
can be paid during the current fiscal year from payments in lieu | 6141 |
of taxes under section 1728.11, 1728.111, 5709.42, 5709.74, or | 6142 |
5709.79 of the Revised Code, and that the legislation authorizing | 6143 |
the issuance of the securities pledges or covenants will be used | 6144 |
for the payment of those debt charges; provided that the amount | 6145 |
excluded from consideration under division (B)(8) of this section | 6146 |
shall not exceed the lesser of thirty million dollars or one-half | 6147 |
per cent of the subdivision's tax valuation in the case of a | 6148 |
county or township, or one and one-tenth per cent of the | 6149 |
subdivision's tax valuation in the case of a municipal | 6150 |
corporation; | 6151 |
(9) Securities issued in an amount equal to the property tax | 6152 |
replacement payments received under section 5727.85 or 5727.86 of | 6153 |
the Revised Code; | 6154 |
| 6155 |
tax replacement payments received under section 5751.21 or 5751.22 | 6156 |
of the Revised Code; | 6157 |
(11) Other securities, including self-supporting securities, | 6158 |
excepted by law from the calculation of net indebtedness or from | 6159 |
the application of this chapter; | 6160 |
| 6161 |
1989, and then excepted from the calculation of net indebtedness | 6162 |
or from the application of this chapter, and securities issued at | 6163 |
any time to fund or refund those securities. | 6164 |
Sec. 133.06. (A) A school district shall not incur, without | 6165 |
a vote of the electors, net indebtedness that exceeds an amount | 6166 |
equal to one-tenth of one per cent of its tax valuation, except as | 6167 |
provided in divisions (G) and (H) of this section and in division | 6168 |
(C) of section 3313.372 of the Revised Code, or as prescribed in | 6169 |
section 3318.052 of the Revised Code, or as provided in division | 6170 |
(J) of this section. | 6171 |
(B) Except as provided in divisions (E), (F), and (I) of this | 6172 |
section, a school district shall not incur net indebtedness that | 6173 |
exceeds an amount equal to nine per cent of its tax valuation. | 6174 |
(C) A school district shall not submit to a vote of the | 6175 |
electors the question of the issuance of securities in an amount | 6176 |
that will make the district's net indebtedness after the issuance | 6177 |
of the securities exceed an amount equal to four per cent of its | 6178 |
tax valuation, unless the superintendent of public instruction, | 6179 |
acting under policies adopted by the state board of education, and | 6180 |
the tax commissioner, acting under written policies of the | 6181 |
commissioner, consent to the submission. A request for the | 6182 |
consents shall be made at least | 6183 |
to the election
at which the question is to be submitted | 6184 |
6185 | |
6186 | |
6187 | |
6188 |
The superintendent of public instruction shall certify to the | 6189 |
district the superintendent's and the tax commissioner's decisions | 6190 |
within thirty days after receipt of the request for consents. | 6191 |
If the electors do not approve the issuance of securities at | 6192 |
the election for which the superintendent of public instruction | 6193 |
and tax commissioner consented to the submission of the question, | 6194 |
the school district may submit the same question to the electors | 6195 |
on the date that the next special election may be held under | 6196 |
section 3501.01 of the Revised Code without submitting a new | 6197 |
request for consent. If the school district seeks to submit the | 6198 |
same question at any other subsequent election, the district shall | 6199 |
first submit a new request for consent in accordance with this | 6200 |
division. | 6201 |
(D) In calculating the net indebtedness of a school district, | 6202 |
none of the following shall be considered: | 6203 |
(1) Securities issued to acquire school buses and other | 6204 |
equipment used in transporting pupils or issued pursuant to | 6205 |
division (D) of section 133.10 of the Revised Code; | 6206 |
(2) Securities issued under division (F) of this section, | 6207 |
under section 133.301 of the Revised Code, and, to the extent in | 6208 |
excess of the limitation stated in division (B) of this section, | 6209 |
under division (E) of this section; | 6210 |
(3) Indebtedness resulting from the dissolution of a joint | 6211 |
vocational school district under section 3311.217 of the Revised | 6212 |
Code, evidenced by outstanding securities of that joint vocational | 6213 |
school district; | 6214 |
(4) Loans, evidenced by any securities, received under | 6215 |
sections 3313.483, 3317.0210, 3317.0211, and 3317.64 of the | 6216 |
Revised Code; | 6217 |
(5) Debt incurred under section 3313.374 of the Revised Code; | 6218 |
(6) Debt incurred pursuant to division (B)(5) of section | 6219 |
3313.37 of the Revised Code to acquire computers and related | 6220 |
hardware; | 6221 |
(7) Debt incurred under section 3318.042 of the Revised Code. | 6222 |
(E) A school district may become a special needs district as | 6223 |
to certain securities as provided in division (E) of this section. | 6224 |
(1) A board of education, by resolution, may declare its | 6225 |
school district to be a special needs district by determining both | 6226 |
of the following: | 6227 |
(a) The student population is not being adequately serviced | 6228 |
by the existing permanent improvements of the district. | 6229 |
(b) The district cannot obtain sufficient funds by the | 6230 |
issuance of securities within the limitation of division (B) of | 6231 |
this section to provide additional or improved needed permanent | 6232 |
improvements in time to meet the needs. | 6233 |
(2) The board of education shall certify a copy of that | 6234 |
resolution to the superintendent of public instruction with a | 6235 |
statistical report showing all of the following: | 6236 |
(a) A history of and a projection of the growth of the | 6237 |
student population; | 6238 |
(b) The history of and a projection of the growth of the tax | 6239 |
valuation; | 6240 |
(c) The projected needs; | 6241 |
(d) The estimated cost of permanent improvements proposed to | 6242 |
meet such projected needs. | 6243 |
(3) The superintendent of public instruction shall certify | 6244 |
the district as an approved special needs district if the | 6245 |
superintendent finds both of the following: | 6246 |
(a) The district does not have available sufficient | 6247 |
additional funds from state or federal sources to meet the | 6248 |
projected needs. | 6249 |
(b) The projection of the potential average growth of tax | 6250 |
valuation during the next five years, according to the information | 6251 |
certified to the superintendent and any other information the | 6252 |
superintendent obtains, indicates a likelihood of potential | 6253 |
average growth of tax valuation of the district during the next | 6254 |
five years of an average of not less than three per cent per year. | 6255 |
The findings and certification of the superintendent shall be | 6256 |
conclusive. | 6257 |
(4) An approved special needs district may incur net | 6258 |
indebtedness by the issuance of securities in accordance with the | 6259 |
provisions of this chapter in an amount that does not exceed an | 6260 |
amount equal to the greater of the following: | 6261 |
(a) Nine per cent of the sum of its tax valuation plus an | 6262 |
amount that is the product of multiplying that tax valuation by | 6263 |
the percentage by which the tax valuation has increased over the | 6264 |
tax valuation on the first day of the sixtieth month preceding the | 6265 |
month in which its board determines to submit to the electors the | 6266 |
question of issuing the proposed securities; | 6267 |
(b) Nine per cent of the sum of its tax valuation plus an | 6268 |
amount that is the product of multiplying that tax valuation by | 6269 |
the percentage, determined by the superintendent of public | 6270 |
instruction, by which that tax valuation is projected to increase | 6271 |
during the next ten years. | 6272 |
(F) A school district may issue securities for emergency | 6273 |
purposes, in a principal amount that does not exceed an amount | 6274 |
equal to three per cent of its tax valuation, as provided in this | 6275 |
division. | 6276 |
(1) A board of education, by resolution, may declare an | 6277 |
emergency if it determines both of the following: | 6278 |
(a) School buildings or other necessary school facilities in | 6279 |
the district have been wholly or partially destroyed, or condemned | 6280 |
by a constituted public authority, or that such buildings or | 6281 |
facilities are partially constructed, or so constructed or planned | 6282 |
as to require additions and improvements to them before the | 6283 |
buildings or facilities are usable for their intended purpose, or | 6284 |
that corrections to permanent improvements are necessary to remove | 6285 |
or prevent health or safety hazards. | 6286 |
(b) Existing fiscal and net indebtedness limitations make | 6287 |
adequate replacement, additions, or improvements impossible. | 6288 |
(2) Upon the declaration of an emergency, the board of | 6289 |
education may, by resolution, submit to the electors of the | 6290 |
district pursuant to section 133.18 of the Revised Code the | 6291 |
question of issuing securities for the purpose of paying the cost, | 6292 |
in excess of any insurance or condemnation proceeds received by | 6293 |
the district, of permanent improvements to respond to the | 6294 |
emergency need. | 6295 |
(3) The procedures for the election shall be as provided in | 6296 |
section 133.18 of the Revised Code, except that: | 6297 |
(a) The form of the ballot shall describe the emergency | 6298 |
existing, refer to this division as the authority under which the | 6299 |
emergency is declared, and state that the amount of the proposed | 6300 |
securities exceeds the limitations prescribed by division (B) of | 6301 |
this section; | 6302 |
(b) The resolution required by division (B) of section 133.18 | 6303 |
of the Revised Code shall be certified to the county auditor and | 6304 |
the board of elections at least seventy-five days prior to the | 6305 |
election; | 6306 |
(c) The county auditor shall advise and, not later than | 6307 |
sixty-five days before the election, confirm that advice by | 6308 |
certification to, the board of education of the information | 6309 |
required by division (C) of section 133.18 of the Revised Code; | 6310 |
(d) The board of education shall then certify its resolution | 6311 |
and the information required by division (D) of section 133.18 of | 6312 |
the Revised Code to the board of elections not less than sixty | 6313 |
days prior to the election. | 6314 |
(4) Notwithstanding division (B) of section 133.21 of the | 6315 |
Revised Code, the first principal payment of securities issued | 6316 |
under this division may be set at any date not later than sixty | 6317 |
months after the earliest possible principal payment otherwise | 6318 |
provided for in that division. | 6319 |
(G) The board of education may contract with an architect, | 6320 |
professional engineer, or other person experienced in the design | 6321 |
and implementation of energy conservation measures for an analysis | 6322 |
and recommendations pertaining to installations, modifications of | 6323 |
installations, or remodeling that would significantly reduce | 6324 |
energy consumption in buildings owned by the district. The report | 6325 |
shall include estimates of all costs of such installations, | 6326 |
modifications, or remodeling, including costs of design, | 6327 |
engineering, installation, maintenance, repairs, and debt service, | 6328 |
and estimates of the amounts by which energy consumption and | 6329 |
resultant operational and maintenance costs, as defined by the | 6330 |
Ohio school facilities commission, would be reduced. | 6331 |
If the board finds after receiving the report that the amount | 6332 |
of money the district would spend on such installations, | 6333 |
modifications, or remodeling is not likely to exceed the amount of | 6334 |
money it would save in energy and resultant operational and | 6335 |
maintenance costs over the ensuing fifteen years, the board may | 6336 |
submit to the commission a copy of its findings and a request for | 6337 |
approval to incur indebtedness to finance the making or | 6338 |
modification of installations or the remodeling of buildings for | 6339 |
the purpose of significantly reducing energy consumption. | 6340 |
If the commission determines that the board's findings are | 6341 |
reasonable, it shall approve the board's request. Upon receipt of | 6342 |
the commission's approval, the district may issue securities | 6343 |
without a vote of the electors in a principal amount not to exceed | 6344 |
nine-tenths of one per cent of its tax valuation for the purpose | 6345 |
of making such installations, modifications, or remodeling, but | 6346 |
the total net indebtedness of the district without a vote of the | 6347 |
electors incurred under this and all other sections of the Revised | 6348 |
Code, except section 3318.052 of the Revised Code, shall not | 6349 |
exceed one per cent of the district's tax valuation. | 6350 |
So long as any securities issued under division (G) of this | 6351 |
section remain outstanding, the board of education shall monitor | 6352 |
the energy consumption and resultant operational and maintenance | 6353 |
costs of buildings in which installations or modifications have | 6354 |
been made or remodeling has been done pursuant to division (G) of | 6355 |
this section and shall maintain and annually update a report | 6356 |
documenting the reductions in energy consumption and resultant | 6357 |
operational and maintenance cost savings attributable to such | 6358 |
installations, modifications, or remodeling. The report shall be | 6359 |
certified by an architect or engineer independent of any person | 6360 |
that provided goods or services to the board in connection with | 6361 |
the energy conservation measures that are the subject of the | 6362 |
report. The resultant operational and maintenance cost savings | 6363 |
shall be certified by the school district treasurer. The report | 6364 |
shall be made available to the commission upon request. | 6365 |
(H) With the consent of the superintendent of public | 6366 |
instruction, a school district may incur without a vote of the | 6367 |
electors net indebtedness that exceeds the amounts stated in | 6368 |
divisions (A) and (G) of this section for the purpose of paying | 6369 |
costs of permanent improvements, if and to the extent that both of | 6370 |
the following conditions are satisfied: | 6371 |
(1) The fiscal officer of the school district estimates that | 6372 |
receipts of the school district from payments made under or | 6373 |
pursuant to agreements entered into pursuant to section 725.02, | 6374 |
1728.10, 3735.671, 5709.081, 5709.082, 5709.40, 5709.41, 5709.62, | 6375 |
5709.63, 5709.632, 5709.73, 5709.78, or 5709.82 of the Revised | 6376 |
Code, or distributions under division (C) of section 5709.43 of | 6377 |
the Revised Code, or any combination thereof, are, after | 6378 |
accounting for any appropriate coverage requirements, sufficient | 6379 |
in time and amount, and are committed by the proceedings, to pay | 6380 |
the debt charges on the securities issued to evidence that | 6381 |
indebtedness and payable from those receipts, and the taxing | 6382 |
authority of the district confirms the fiscal officer's estimate, | 6383 |
which confirmation is approved by the superintendent of public | 6384 |
instruction; | 6385 |
(2) The fiscal officer of the school district certifies, and | 6386 |
the taxing authority of the district confirms, that the district, | 6387 |
at the time of the certification and confirmation, reasonably | 6388 |
expects to have sufficient revenue available for the purpose of | 6389 |
operating such permanent improvements for their intended purpose | 6390 |
upon acquisition or completion thereof, and the superintendent of | 6391 |
public instruction approves the taxing authority's confirmation. | 6392 |
The maximum maturity of securities issued under division (H) | 6393 |
of this section shall be the lesser of twenty years or the maximum | 6394 |
maturity calculated under section 133.20 of the Revised Code. | 6395 |
(I) A school district may incur net indebtedness by the | 6396 |
issuance of securities in accordance with the provisions of this | 6397 |
chapter in excess of the limit specified in division (B) or (C) of | 6398 |
this section when necessary to raise the school district portion | 6399 |
of the
basic project cost | 6400 |
necessary to participate in a project under Chapter 3318. of the | 6401 |
Revised Code, including the cost of items designated by the Ohio | 6402 |
school facilities commission as required locally funded | 6403 |
initiatives and the cost for site acquisition. The school | 6404 |
facilities commission shall notify the superintendent of public | 6405 |
instruction whenever a school district will exceed either limit | 6406 |
pursuant to this division. | 6407 |
(J) A school district whose portion of the basic project cost | 6408 |
of its classroom facilities project under sections 3318.01 to | 6409 |
3318.20 of the Revised Code is greater than or equal to one | 6410 |
hundred million dollars may incur without a vote of the electors | 6411 |
net indebtedness in an amount up to two per cent of its tax | 6412 |
valuation through the issuance of general obligation securities in | 6413 |
order to generate all or part of the amount of its portion of the | 6414 |
basic project cost if the controlling board has approved the | 6415 |
school facilities commission's conditional approval of the project | 6416 |
under section 3318.04 of the Revised Code. The school district | 6417 |
board and the Ohio school facilities commission shall include the | 6418 |
dedication of the proceeds of such securities in the agreement | 6419 |
entered into under section 3318.08 of the Revised Code. No state | 6420 |
moneys shall be released for a project to which this section | 6421 |
applies until the proceeds of any bonds issued under this section | 6422 |
that are dedicated for the payment of the school district portion | 6423 |
of the project are first deposited into the school district's | 6424 |
project construction fund. | 6425 |
Sec. 133.12. (A) If the tax commissioner determines that | 6426 |
funds are not otherwise available for the purpose, the taxing | 6427 |
authority of a subdivision having general property taxing power | 6428 |
may issue general obligation securities in case of any of the | 6429 |
following: | 6430 |
(1) An epidemic or threatened epidemic, or during an unusual | 6431 |
prevalence of a dangerous communicable disease, to defray those | 6432 |
expenses that the board of health having jurisdiction within the | 6433 |
subdivision considers necessary to prevent the spread of the | 6434 |
epidemic or disease; | 6435 |
(2) The destruction of an essential permanent improvement by | 6436 |
fire, flood, or extraordinary catastrophe, to provide temporary | 6437 |
necessary facilities in place of that permanent improvement; | 6438 |
(3) A special election called after the adoption of the | 6439 |
annual appropriation measure, to pay the costs of that election | 6440 |
payable by the subdivision; | 6441 |
(4) The outbreak or infestation of a pest in a quarantined | 6442 |
area, to defray those expenses that the subdivision considers | 6443 |
necessary to combat the pest, including removal or complete | 6444 |
destruction of plants that are dead or dying from the pest. | 6445 |
(B) One-half of the principal amount of the securities issued | 6446 |
under this section prior to the effective date of this amendment | 6447 |
shall mature on the first day of June next following the next | 6448 |
February tax settlement at which, in accordance with the statutory | 6449 |
tax budget procedure, a property tax to pay the debt charges on | 6450 |
the securities can be included in the budget, and the other | 6451 |
one-half of the principal amount shall mature on the next | 6452 |
following first day of December. The last maturity of the | 6453 |
securities issued under this section on and after the effective | 6454 |
date of this amendment shall be not later than the last day of | 6455 |
December of the tenth year following the year in which the | 6456 |
securities are first issued. A property tax shall be levied to pay | 6457 |
debt charges on | 6458 |
(C) As used in this section: | 6459 |
(1) "Pest" has the same meaning as in section 927.51 of the | 6460 |
Revised Code. | 6461 |
(2) "Quarantined area" has the same meaning as in section | 6462 |
927.39 of the Revise Code. | 6463 |
Sec. 133.18. (A) The taxing authority of a subdivision may | 6464 |
by legislation submit to the electors of the subdivision the | 6465 |
question of issuing any general obligation bonds, for one purpose, | 6466 |
that the subdivision has power or authority to issue. | 6467 |
(B) When the taxing authority of a subdivision desires or is | 6468 |
required by law to submit the question of a bond issue to the | 6469 |
electors, it shall pass legislation that does all of the | 6470 |
following: | 6471 |
(1) Declares the necessity and purpose of the bond issue; | 6472 |
(2) States the date of the authorized election at which the | 6473 |
question shall be submitted to the electors; | 6474 |
(3) States the amount, approximate date, estimated rate of | 6475 |
interest, and maximum number of years over which the principal of | 6476 |
the bonds may be paid; | 6477 |
(4) Declares the necessity of levying a tax outside the tax | 6478 |
limitation to pay the debt charges on the bonds and any | 6479 |
anticipatory securities. | 6480 |
The estimated rate of interest, and any statutory or charter | 6481 |
limit on interest
| 6482 |
is subsequently amended, shall not be a limitation on the actual | 6483 |
interest rate or rates on the securities when issued. | 6484 |
(C)(1) The taxing authority shall certify a copy of the | 6485 |
legislation passed under division (B) of this section to the | 6486 |
county auditor. The county auditor shall promptly calculate and | 6487 |
advise and, not later than seventy-five days before the election, | 6488 |
confirm that advice by certification to, the taxing authority the | 6489 |
estimated average annual property tax levy, expressed in cents or | 6490 |
dollars and cents for each one hundred dollars of tax valuation | 6491 |
and in mills for each one dollar of tax valuation, that the county | 6492 |
auditor estimates to be required throughout the stated maturity of | 6493 |
the bonds to pay the debt charges on the bonds. In calculating the | 6494 |
estimated average annual property tax levy for this purpose, the | 6495 |
county auditor shall assume that the bonds are issued in one | 6496 |
series bearing interest and maturing in substantially equal | 6497 |
principal amounts in each year over the maximum number of years | 6498 |
over which the principal of the bonds may be paid as stated in | 6499 |
that legislation, and that the amount of the tax valuation of the | 6500 |
subdivision for the current year remains the same throughout the | 6501 |
maturity of the bonds, except as otherwise provided in division | 6502 |
(C)(2) of this section. If the tax valuation for the current year | 6503 |
is not determined, the county auditor shall base the calculation | 6504 |
on the estimated amount of the tax valuation submitted by the | 6505 |
county auditor to the county budget commission. If the subdivision | 6506 |
is located in more than one county, the county auditor shall | 6507 |
obtain the assistance of the county auditors of the other | 6508 |
counties, and those county auditors shall provide assistance, in | 6509 |
establishing the tax valuation of the subdivision for purposes of | 6510 |
certifying the estimated average annual property tax levy. | 6511 |
(2) When considering the tangible personal property component | 6512 |
of the tax valuation of the subdivision, the county auditor shall | 6513 |
take into account the assessment percentages prescribed in section | 6514 |
5711.22 of the Revised Code. The tax commissioner may issue rules, | 6515 |
orders, or instructions directing how the assessment percentages | 6516 |
must be utilized. | 6517 |
(D) After receiving the county auditor's advice under | 6518 |
division (C) of this section, the taxing authority by legislation | 6519 |
may determine to proceed with submitting the question of the issue | 6520 |
of securities, and shall, not later than the seventy-fifth day | 6521 |
before the day of the election, file the following with the board | 6522 |
of elections: | 6523 |
(1) Copies of the legislation provided for in divisions (B) | 6524 |
and (D) of this section; | 6525 |
(2) The amount of the estimated average annual property tax | 6526 |
levy, expressed in cents or dollars and cents for each one hundred | 6527 |
dollars of tax valuation and in mills for each one dollar of tax | 6528 |
valuation, as estimated and certified to the taxing authority by | 6529 |
the county auditor. | 6530 |
(E)(1) The board of elections shall prepare the ballots and | 6531 |
make other necessary arrangements for the submission of the | 6532 |
question to the electors of the subdivision. If the subdivision is | 6533 |
located in more than one county, the board shall inform the boards | 6534 |
of elections of the other counties of the filings with it, and | 6535 |
those other boards shall if appropriate make the other necessary | 6536 |
arrangements for the election in their counties. The election | 6537 |
shall be conducted, canvassed, and certified in the manner | 6538 |
provided in Title XXXV of the Revised Code. | 6539 |
(2) The election shall be held at the regular places for | 6540 |
voting in the subdivision. If the electors of only a part of a | 6541 |
precinct are qualified to vote at the election the board of | 6542 |
elections may assign the electors in that part to an adjoining | 6543 |
precinct, including an adjoining precinct in another county if the | 6544 |
board of elections of the other county consents to and approves | 6545 |
the assignment. Each elector so assigned shall be notified of that | 6546 |
fact prior to the election by notice mailed by the board of | 6547 |
elections, in such manner as it determines, prior to the election. | 6548 |
(3) The board of elections shall publish a notice of the | 6549 |
election, in one or more newspapers of general circulation in the | 6550 |
subdivision, at least once no later than ten days prior to the | 6551 |
election. The notice shall state all of the following: | 6552 |
(a) The principal amount of the proposed bond issue; | 6553 |
(b) The stated purpose for which the bonds are to be issued; | 6554 |
(c) The maximum number of years over which the principal of | 6555 |
the bonds may be paid; | 6556 |
(d) The estimated additional average annual property tax | 6557 |
levy, expressed in cents or dollars and cents for each one hundred | 6558 |
dollars of tax valuation and in mills for each one dollar of tax | 6559 |
valuation, to be levied outside the tax limitation, as estimated | 6560 |
and certified to the taxing authority by the county auditor; | 6561 |
(e) The first calendar year in which the tax is expected to | 6562 |
be due. | 6563 |
(F)(1) The form of the ballot to be used at the election | 6564 |
shall be substantially either of the following, as applicable: | 6565 |
(a) "Shall bonds be issued by the ............ (name of | 6566 |
subdivision) for the purpose of ........... (purpose of the bond | 6567 |
issue) in the principal amount of .......... (principal amount of | 6568 |
the bond issue), to be repaid annually over a maximum period of | 6569 |
.......... (the maximum number of years over which the principal | 6570 |
of the bonds may be paid) years, and an annual levy of property | 6571 |
taxes be made outside the .......... (as applicable, "ten-mill" or | 6572 |
"...charter tax") limitation, estimated by the county auditor to | 6573 |
average over the repayment period of the bond issue .......... | 6574 |
(number of mills) mills for each one dollar of tax valuation, | 6575 |
which amounts to .......... (rate expressed in cents or dollars | 6576 |
and cents, such as "36 cents" or "$1.41") for each one hundred | 6577 |
dollars of tax valuation, commencing in .......... (first year the | 6578 |
tax will be levied), first due in calendar year .......... (first | 6579 |
calendar year in which the tax shall be due), to pay the annual | 6580 |
debt charges on the bonds, and to pay debt charges on any notes | 6581 |
issued in anticipation of those bonds? | 6582 |
6583 |
For the bond issue | 6584 | ||||
Against the bond issue | " | 6585 |
6586 |
(b) In the case of an election held pursuant to legislation | 6587 |
adopted under section 3375.43 or 3375.431 of the Revised Code: | 6588 |
"Shall bonds be issued for .......... (name of library) for | 6589 |
the purpose of .......... (purpose of the bond issue), in the | 6590 |
principal amount of .......... (amount of the bond issue) by | 6591 |
.......... (the name of the subdivision that is to issue the bonds | 6592 |
and levy the tax) as the issuer of the bonds, to be repaid | 6593 |
annually over a maximum period of .......... (the maximum number | 6594 |
of years over which the principal of the bonds may be paid) years, | 6595 |
and an annual levy of property taxes be made outside the ten-mill | 6596 |
limitation, estimated by the county auditor to average over the | 6597 |
repayment period of the bond issue .......... (number of mills) | 6598 |
mills for each one dollar of tax valuation, which amounts to | 6599 |
.......... (rate expressed in cents or dollars and cents, such as | 6600 |
"36 cents" or "$1.41") for each one hundred dollars of tax | 6601 |
valuation, commencing in .......... (first year the tax will be | 6602 |
levied), first due in calendar year .......... (first calendar | 6603 |
year in which the tax shall be due), to pay the annual debt | 6604 |
charges on the bonds, and to pay debt charges on any notes issued | 6605 |
in anticipation of those bonds? | 6606 |
6607 |
For the bond issue | 6608 | ||||
Against the bond issue | " | 6609 |
6610 |
(2) The purpose for which the bonds are to be issued shall be | 6611 |
printed in the space indicated, in boldface type. | 6612 |
(G) The board of elections shall promptly certify the results | 6613 |
of the election to the tax commissioner, the county auditor of | 6614 |
each county in which any part of the subdivision is located, and | 6615 |
the fiscal officer of the subdivision. The election, including the | 6616 |
proceedings for and result of the election, is incontestable other | 6617 |
than in a contest filed under section 3515.09 of the Revised Code | 6618 |
in which the plaintiff prevails. | 6619 |
(H) If a majority of the electors voting upon the question | 6620 |
vote for it, the taxing authority of the subdivision may proceed | 6621 |
under sections 133.21 to 133.33 of the Revised Code with the | 6622 |
issuance of the securities and with the levy and collection of a | 6623 |
property tax outside the tax limitation during the period the | 6624 |
securities are outstanding sufficient in amount to pay the debt | 6625 |
charges on the securities, including debt charges on any | 6626 |
anticipatory securities required to be paid from that tax. If | 6627 |
legislation passed under section 133.22 or 133.23 of the Revised | 6628 |
Code authorizing those securities is filed with the county auditor | 6629 |
on or before the last day of November, the amount of the voted | 6630 |
property tax levy required to pay debt charges or estimated debt | 6631 |
charges on the securities payable in the following year shall if | 6632 |
requested by the taxing authority be included in the taxes levied | 6633 |
for collection in the following year under section 319.30 of the | 6634 |
Revised Code. | 6635 |
(I)(1) If, before any securities authorized at an election | 6636 |
under this section are issued, the net indebtedness of the | 6637 |
subdivision exceeds that applicable to that subdivision or those | 6638 |
securities, then and so long as that is the case none of the | 6639 |
securities may be issued. | 6640 |
(2) No securities authorized at an election under this | 6641 |
section may be initially issued after the first day of the sixth | 6642 |
January following the election, but this period of limitation | 6643 |
shall not run for any time during which any part of the permanent | 6644 |
improvement for which the securities have been authorized, or the | 6645 |
issuing or validity of any part of the securities issued or to be | 6646 |
issued, or the related proceedings, is involved or questioned | 6647 |
before a court or a commission or other tribunal, administrative | 6648 |
agency, or board. | 6649 |
(3) Securities representing a portion of the amount | 6650 |
authorized at an election that are issued within the applicable | 6651 |
limitation on net indebtedness are valid and in no manner affected | 6652 |
by the fact that the balance of the securities authorized cannot | 6653 |
be issued by reason of the net indebtedness limitation or lapse of | 6654 |
time. | 6655 |
(4) Nothing in this division (I) shall be interpreted or | 6656 |
applied to prevent the issuance of securities in an amount to fund | 6657 |
or refund anticipatory securities lawfully issued. | 6658 |
(5) The limitations of divisions (I)(1) and (2) of this | 6659 |
section do not apply to any securities authorized at an election | 6660 |
under this section if at least ten per cent of the principal | 6661 |
amount of the securities, including anticipatory securities, | 6662 |
authorized has theretofore been issued, or if the securities are | 6663 |
to be issued for the purpose of participating in any federally or | 6664 |
state-assisted program. | 6665 |
(6) The certificate of the fiscal officer of the subdivision | 6666 |
is conclusive proof of the facts referred to in this division. | 6667 |
Sec. 141.08. The chief justice of the supreme court shall | 6668 |
receive | 6669 |
performing | 6670 |
in determining the disqualification or disability of any judge of | 6671 |
the court of common pleas or of the court of appeals, to be paid | 6672 |
from
the state treasury upon the warrant of the | 6673 |
director of budget and management. | 6674 |
Sec. 141.10. (A) In addition to the annual salary and | 6675 |
expenses provided for in sections 141.04 and 2501.15 of the | 6676 |
Revised Code, each judge of a court of appeals who holds court in | 6677 |
a county in which | 6678 |
the judge's actual and necessary expenses incurred while so | 6679 |
holding court. Those expenses shall be paid by the treasurer of | 6680 |
state upon the warrant
of the | 6681 |
and management. | 6682 |
(B) In addition to the annual salary and expenses provided | 6683 |
for in sections 141.04 and 2501.15 of the Revised Code, each judge | 6684 |
of a court of appeals who is assigned by the chief justice of the | 6685 |
supreme court to aid in disposing of business of a district other | 6686 |
than that in which | 6687 |
receive fifty dollars per day for each day of the assignment. The | 6688 |
per diem compensation shall be paid from the treasury of the | 6689 |
county to which the judge is so assigned upon the warrant of the | 6690 |
auditor of that county. | 6691 |
Sec. 145.70. All amounts due the public employees retirement | 6692 |
system from the state treasury pursuant to this chapter shall be | 6693 |
promptly paid upon warrant of
the | 6694 |
budget and management pursuant to a voucher approved by the | 6695 |
director | 6696 |
Sec. 173.14. As used in sections 173.14 to | 6697 |
the Revised Code: | 6698 |
(A)(1) Except as otherwise provided in division (A)(2) of | 6699 |
this section, "long-term care facility" includes any residential | 6700 |
facility that provides personal care services for more than | 6701 |
twenty-four hours for two or more unrelated adults, including all | 6702 |
of the following: | 6703 |
(a) A "nursing home," "residential care facility," or "home | 6704 |
for the aging" as defined in section 3721.01 of the Revised Code; | 6705 |
(b) A facility authorized to provide extended care services | 6706 |
under Title XVIII of the "Social Security Act," 49 Stat. 620 | 6707 |
(1935), 42 U.S.C. 301, as amended; | 6708 |
(c) A county home or district home operated pursuant to | 6709 |
Chapter 5155. of the Revised Code; | 6710 |
(d) An "adult care facility" as defined in section 3722.01 of | 6711 |
the Revised Code; | 6712 |
(e) A facility approved by the veterans administration under | 6713 |
section 104(a) of the "Veterans Health Care Amendments of 1983," | 6714 |
97 Stat. 993, 38 U.S.C. 630, as amended, and used exclusively for | 6715 |
the placement and care of veterans; | 6716 |
(f) An adult foster home certified under section 173.36 of | 6717 |
the Revised Code. | 6718 |
(2) "Long-term care facility" does not include a "residential | 6719 |
facility" as defined in section 5119.22 of the Revised Code or a | 6720 |
"residential facility" as defined in section 5123.19 of the | 6721 |
Revised Code. | 6722 |
(B) "Resident" means a resident of a long-term care facility | 6723 |
and, where appropriate, includes a prospective, previous, or | 6724 |
deceased resident of a long-term care facility. | 6725 |
(C) "Community-based long-term care services" means health | 6726 |
and social services provided to persons in their own homes or in | 6727 |
community care settings, and includes any of the following: | 6728 |
(1) Case management; | 6729 |
(2) Home health care; | 6730 |
(3) Homemaker services; | 6731 |
(4) Chore services; | 6732 |
(5) Respite care; | 6733 |
(6) Adult day care; | 6734 |
(7) Home-delivered meals; | 6735 |
(8) Personal care; | 6736 |
(9) Physical, occupational, and speech therapy; | 6737 |
(10) Transportation; | 6738 |
(11) Any other health and social services provided to persons | 6739 |
that allow them to retain their independence in their own homes or | 6740 |
in community care settings. | 6741 |
(D) "Recipient" means a recipient of community-based | 6742 |
long-term care services and, where appropriate, includes a | 6743 |
prospective, previous, or deceased recipient of community-based | 6744 |
long-term care services. | 6745 |
(E) "Sponsor" means an adult relative, friend, or guardian | 6746 |
who has an interest in or responsibility for the welfare of a | 6747 |
resident or a recipient. | 6748 |
(F) "Personal care services" has the same meaning as in | 6749 |
section 3721.01 of the Revised Code. | 6750 |
(G) "Regional long-term care ombudsperson program" means an | 6751 |
entity, either public or private and nonprofit, designated as a | 6752 |
regional long-term care ombudsperson program by the state | 6753 |
long-term care ombudsperson. | 6754 |
(H) "Representative of the office of the state long-term care | 6755 |
ombudsperson program" means the state long-term care ombudsperson | 6756 |
or a member of the ombudsperson's staff, or a person certified as | 6757 |
a representative of the office under section 173.21 of the Revised | 6758 |
Code. | 6759 |
(I) "Area agency on aging" means an area agency on aging | 6760 |
established under the "Older Americans Act of 1965," 79 Stat. 219, | 6761 |
42 U.S.C.A. 3001, as amended. | 6762 |
Sec. 173.27. (A) As used in this section: | 6763 |
(1) "Applicant" means a person who is under final | 6764 |
consideration for employment with the office of the state | 6765 |
long-term care ombudsperson program in a full-time, part-time, or | 6766 |
temporary position that involves providing ombudsperson services | 6767 |
to residents and recipients. "Applicant" includes a person who is | 6768 |
under final consideration for employment as the state long-term | 6769 |
care ombudsperson or the head of a regional long-term care | 6770 |
ombudsperson program. "Applicant" does not include a person who | 6771 |
provides ombudsperson services to residents and recipients as a | 6772 |
volunteer without receiving or expecting to receive any form of | 6773 |
remuneration other than reimbursement for actual expenses. | 6774 |
(2) "Criminal records check" has the same meaning as in | 6775 |
section 109.572 of the Revised Code. | 6776 |
(B)(1) The state long-term care ombudsperson or the | 6777 |
ombudsperson's designee shall request that the superintendent of | 6778 |
the bureau of criminal identification and investigation conduct a | 6779 |
criminal records check with respect to each applicant. However, if | 6780 |
the applicant is under final consideration for employment as the | 6781 |
state long-term care ombudsperson, the director of aging shall | 6782 |
request that the superintendent conduct the criminal records | 6783 |
check. If an applicant for whom a criminal records check request | 6784 |
is required under this division does not present proof of having | 6785 |
been a resident of this state for the five-year period immediately | 6786 |
prior to the date the criminal records check is requested or | 6787 |
provide evidence that within that five-year period the | 6788 |
superintendent has requested information about the applicant from | 6789 |
the federal bureau of investigation in a criminal records check, | 6790 |
the ombudsperson, designee, or director shall request that the | 6791 |
superintendent obtain information from the federal bureau of | 6792 |
investigation as part of the criminal records check of the | 6793 |
applicant. Even if an applicant for whom a criminal records check | 6794 |
request is required under this division presents proof of having | 6795 |
been a resident of this state for the five-year period, the | 6796 |
ombudsperson, designee, or director may request that the | 6797 |
superintendent include information from the federal bureau of | 6798 |
investigation in the criminal records check. | 6799 |
(2) A person required by division (B)(1) of this section to | 6800 |
request a criminal records check shall do both of the following: | 6801 |
(a) Provide to each applicant for whom a criminal records | 6802 |
check request is required under that division a copy of the form | 6803 |
prescribed pursuant to division (C)(1) of section 109.572 of the | 6804 |
Revised Code and a standard fingerprint impression sheet | 6805 |
prescribed pursuant to division (C)(2) of that section, and obtain | 6806 |
the completed form and impression sheet from the applicant; | 6807 |
(b) Forward the completed form and impression sheet to the | 6808 |
superintendent of the bureau of criminal identification and | 6809 |
investigation. | 6810 |
(3) An applicant provided the form and fingerprint impression | 6811 |
sheet under division (B)(2)(a) of this section who fails to | 6812 |
complete the form or provide fingerprint impressions shall not be | 6813 |
employed in any position for which a criminal records check is | 6814 |
required by this section. | 6815 |
(C)(1) Except as provided in rules adopted by the director of | 6816 |
aging in accordance with division (F) of this section and subject | 6817 |
to division (C)(2) of this section, the office of the state | 6818 |
long-term care ombudsperson may not employ a person in a position | 6819 |
that involves providing ombudsperson services to residents and | 6820 |
recipients if the person has been convicted of or pleaded guilty | 6821 |
to any of the following: | 6822 |
(a) A violation of section 2903.01, 2903.02, 2903.03, | 6823 |
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, | 6824 |
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05, | 6825 |
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31, | 6826 |
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, | 6827 |
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21, | 6828 |
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36, | 6829 |
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13, | 6830 |
2925.22, 2925.23, or 3716.11 of the Revised Code. | 6831 |
(b) A violation of an existing or former law of this state, | 6832 |
any other state, or the United States that is substantially | 6833 |
equivalent to any of the offenses listed in division (C)(1)(a) of | 6834 |
this section. | 6835 |
(2)(a) The office of the state long-term care ombudsperson | 6836 |
program may employ conditionally an applicant for whom a criminal | 6837 |
records check request is required under division (B) of this | 6838 |
section prior to obtaining the results of a criminal records check | 6839 |
regarding the individual, provided that the state long-term care | 6840 |
ombudsperson, ombudsperson's designee, or director of aging shall | 6841 |
request a criminal records check regarding the individual in | 6842 |
accordance with division (B)(1) of this section not later than | 6843 |
five business days after the individual begins conditional | 6844 |
employment. | 6845 |
(b) The office of the state long-term care ombudsperson | 6846 |
program shall terminate the employment of an individual employed | 6847 |
conditionally under division (C)(2)(a) of this section if the | 6848 |
results of the criminal records check request under division (B) | 6849 |
of this section, other than the results of any request for | 6850 |
information from the federal bureau of investigation, are not | 6851 |
obtained within the period ending sixty days after the date the | 6852 |
request is made. Regardless of when the results of the criminal | 6853 |
records check are obtained, if the results indicate that the | 6854 |
individual has been convicted of or pleaded guilty to any of the | 6855 |
offenses listed or described in division (C)(1) of this section, | 6856 |
the office shall terminate the individual's employment unless the | 6857 |
office chooses to employ the individual pursuant to division (F) | 6858 |
of this section. Termination of employment under this division | 6859 |
shall be considered just cause for discharge for purposes of | 6860 |
division (D)(2) of section 4141.29 of the Revised Code if the | 6861 |
individual makes any attempt to deceive the office about the | 6862 |
individual's criminal record. | 6863 |
(D)(1) The office of the state long-term care ombudsperson | 6864 |
program shall pay to the bureau of criminal identification and | 6865 |
investigation the fee prescribed pursuant to division (C)(3) of | 6866 |
section 109.572 of the Revised Code for each criminal records | 6867 |
check conducted pursuant to a request made under division (B) of | 6868 |
this section. | 6869 |
(2) The office of the state long-term care ombudsperson | 6870 |
program may charge an applicant a fee not exceeding the amount the | 6871 |
office pays under division (D)(1) of this section. The office may | 6872 |
collect a fee only if the office notifies the applicant at the | 6873 |
time of initial application for employment of the amount of the | 6874 |
fee. | 6875 |
(E) The report of any criminal records check conducted | 6876 |
pursuant to a request made under this section is not a public | 6877 |
record for the purposes of section 149.43 of the Revised Code and | 6878 |
shall not be made available to any person other than the | 6879 |
following: | 6880 |
(1) The individual who is the subject of the criminal records | 6881 |
check or the individual's representative; | 6882 |
(2) The state long-term care ombudsperson, ombudsperson's | 6883 |
designee, director of health, or the ombudsperson, designee, or | 6884 |
director's representative; | 6885 |
(3) If the state long-term care ombudsperson designates the | 6886 |
head or other employee of a regional long-term care ombudsperson | 6887 |
program to request a criminal records check under this section, a | 6888 |
representative of the office of the state long-term care | 6889 |
ombudsperson program who is responsible for monitoring the | 6890 |
regional program's compliance with this section; | 6891 |
(4) A court, hearing officer, or other necessary individual | 6892 |
involved in a case dealing with a denial of employment of the | 6893 |
applicant or dealing with employment or unemployment benefits of | 6894 |
the applicant. | 6895 |
(F) The director of aging shall adopt rules in accordance | 6896 |
with Chapter 119. of the Revised Code to implement this section. | 6897 |
The rules shall specify circumstances under which the office of | 6898 |
the state long-term care ombudsperson program may employ a person | 6899 |
who has been convicted of or pleaded guilty to an offense listed | 6900 |
or described in division (C)(1) of this section but meets personal | 6901 |
character standards set by the director. | 6902 |
(G) The office of the state long-term care ombudsperson | 6903 |
program shall inform each person, at the time of initial | 6904 |
application for a position that involves providing ombudsperson | 6905 |
services to residents and recipients, that the person is required | 6906 |
to provide a set of fingerprint impressions and that a criminal | 6907 |
records check is required to be conducted if the person comes | 6908 |
under final consideration for employment. | 6909 |
(H) In a tort or other civil action for damages that is | 6910 |
brought as the result of an injury, death, or loss to person or | 6911 |
property caused by an individual who the office of the state | 6912 |
long-term care ombudsperson program employs in a position that | 6913 |
involves providing ombudsperson services to residents and | 6914 |
recipients, all of the following shall apply: | 6915 |
(1) If the office employed the individual in good faith and | 6916 |
reasonable reliance on the report of a criminal records check | 6917 |
requested under this section, the office shall not be found | 6918 |
negligent solely because of its reliance on the report, even if | 6919 |
the information in the report is determined later to have been | 6920 |
incomplete or inaccurate. | 6921 |
(2) If the office employed the individual in good faith on a | 6922 |
conditional basis pursuant to division (C)(2) of this section, the | 6923 |
office shall not be found negligent solely because it employed the | 6924 |
individual prior to receiving the report of a criminal records | 6925 |
check requested under this section. | 6926 |
(3) If the office in good faith employed the individual | 6927 |
according to the personal character standards established in rules | 6928 |
adopted under division (F) of this section, the office shall not | 6929 |
be found negligent solely because the individual prior to being | 6930 |
employed had been convicted of or pleaded guilty to an offense | 6931 |
listed or described in division (C)(1) of this section. | 6932 |
Sec. 173.39. (A) As used in sections 173.39 to | 6933 |
173.394 of the Revised Code | 6934 |
(1) "Community-based long-term care agency" means a person or | 6935 |
government entity that provides community-based long-term care | 6936 |
services under a program the department of aging administers, | 6937 |
regardless of whether the person or government entity is certified | 6938 |
under section 173.391 or authorized to receive payment for the | 6939 |
services from the department under section 173.392 of the Revised | 6940 |
Code. "Community-based long-term care agency" includes a person or | 6941 |
government entity that provides home and community-based services | 6942 |
to older adults through the PASSPORT program created under section | 6943 |
173.40 of the Revised Code. | 6944 |
(2) "Community-based long-term care services" has the same | 6945 |
meaning as in section 173.14 of the Revised Code. | 6946 |
(B) Except as provided in section 173.392 of the Revised | 6947 |
Code, the department of aging may not pay a person or government | 6948 |
entity for providing community-based long-term care services under | 6949 |
a program the department administers unless the person or | 6950 |
government entity is certified under section 173.391 of the | 6951 |
Revised Code and provides the services. | 6952 |
Sec. 173.391. (A) The department of aging or its designee | 6953 |
shall do all of the following in accordance with Chapter 119. of | 6954 |
the Revised Code: | 6955 |
(1) Certify a person or government entity to provide | 6956 |
community-based long-term care services under a program the | 6957 |
department administers if the person or government entity | 6958 |
satisfies the requirements for certification established by rules | 6959 |
adopted under division (B) of this section; | 6960 |
(2) When required to do so by rules adopted under division | 6961 |
(B) of this section, take one or more of the following | 6962 |
disciplinary actions against a person or government entity issued | 6963 |
a certificate under division (A)(1) of this section: | 6964 |
(a) Issue a written warning; | 6965 |
(b) Require the submission of a plan of correction; | 6966 |
(c) Suspend referrals; | 6967 |
(d) Remove clients; | 6968 |
(e) Impose a fiscal sanction such as a civil monetary penalty | 6969 |
or an order that unearned funds be repaid; | 6970 |
(f) Revoke the certificate; | 6971 |
(g) Impose another sanction. | 6972 |
(3) Hold hearings when there is a dispute between the | 6973 |
department or its designee and a person or government entity | 6974 |
concerning actions the department or its designee takes or does | 6975 |
not take under division (A)(1) or (2)(c) to (g) of this section. | 6976 |
(B) The director of aging shall adopt rules in accordance | 6977 |
with Chapter 119. of the Revised Code establishing certification | 6978 |
requirements and standards for determining which type of | 6979 |
disciplinary action to take under division (A)(2) of this section | 6980 |
in individual situations. The rules shall establish procedures for | 6981 |
all of the following: | 6982 |
(1) Ensuring that | 6983 |
agencies | 6984 |
with | 6985 |
(2) Evaluating the services provided to ensure that they are | 6986 |
provided in a quality manner advantageous to the individual | 6987 |
receiving the services; | 6988 |
(3) Determining when to take disciplinary action under | 6989 |
division (A)(2) of this section and which disciplinary action to | 6990 |
take. | 6991 |
(C) The procedures established in rules adopted under | 6992 |
division (B)(2) of this section shall require that all of the | 6993 |
following be considered as part of an evaluation: | 6994 |
(1) The service provider's experience and financial | 6995 |
responsibility; | 6996 |
(2) The service provider's ability to comply with standards | 6997 |
for the community-based long-term care services that the provider | 6998 |
provides under a program the department administers; | 6999 |
(3) The service provider's ability to meet the needs of the | 7000 |
individuals served; | 7001 |
(4) Any other factor the director considers relevant. | 7002 |
(D) The rules adopted under division (B)(3) of this section | 7003 |
shall specify that the reasons disciplinary action may be taken | 7004 |
under division (A)(2) of this section include good cause, | 7005 |
including misfeasance, malfeasance, nonfeasance, confirmed abuse | 7006 |
or neglect, financial irresponsibility, or other conduct the | 7007 |
director determines is injurious to the health or safety of | 7008 |
individuals being served. | 7009 |
| 7010 |
(1) "Applicant" means a person who is under final | 7011 |
consideration for employment with a | 7012 |
long-term care agency in a full-time, part-time, or temporary | 7013 |
position that involves providing
direct care to an | 7014 |
individual. "Applicant" does not include a person who provides | 7015 |
direct care as a volunteer without receiving or expecting to | 7016 |
receive any form of remuneration other than reimbursement for | 7017 |
actual expenses. | 7018 |
(2) "Criminal records check" | 7019 |
same | 7020 |
| 7021 |
7022 | |
7023 | |
7024 |
(B)(1) Except as provided in division (I) of this section, | 7025 |
the chief administrator of a | 7026 |
care agency shall request that the superintendent of the bureau of | 7027 |
criminal identification and investigation conduct a criminal | 7028 |
records check with respect to each applicant. If an applicant for | 7029 |
whom a criminal records check request is required under this | 7030 |
division does not present proof of having been a resident of this | 7031 |
state for the five-year period immediately prior to the date the | 7032 |
criminal records check is requested or provide evidence that | 7033 |
within that five-year period the superintendent has requested | 7034 |
information about the applicant from the federal bureau of | 7035 |
investigation in a criminal records check, the chief administrator | 7036 |
shall request that the superintendent obtain information from the | 7037 |
federal bureau of investigation as part of the criminal records | 7038 |
check of the applicant. Even if an applicant for whom a criminal | 7039 |
records check request is required under this division presents | 7040 |
proof of having been a resident of this state for the five-year | 7041 |
period, the chief administrator may request that the | 7042 |
superintendent include information from the federal bureau of | 7043 |
investigation in the criminal records check. | 7044 |
(2) A person required by division (B)(1) of this section to | 7045 |
request a criminal records check shall do both of the following: | 7046 |
(a) Provide to each applicant for whom a criminal records | 7047 |
check request is required under that division a copy of the form | 7048 |
prescribed pursuant to division (C)(1) of section 109.572 of the | 7049 |
Revised Code and a standard fingerprint impression sheet | 7050 |
prescribed pursuant to division (C)(2) of that section, and obtain | 7051 |
the completed form and impression sheet from the applicant; | 7052 |
(b) Forward the completed form and impression sheet to the | 7053 |
superintendent of the bureau of criminal identification and | 7054 |
investigation. | 7055 |
(3) An applicant provided the form and fingerprint impression | 7056 |
sheet under division (B)(2)(a) of this section who fails to | 7057 |
complete the form or provide fingerprint impressions shall not be | 7058 |
employed in any position for which a criminal records check is | 7059 |
required by this section. | 7060 |
(C)(1) Except as provided in rules adopted by the department | 7061 |
of aging in accordance with division (F) of this section and | 7062 |
subject to
division (C)(2) of this section,
no | 7063 |
community-based long-term care agency shall employ a person in a | 7064 |
position that
involves providing direct care to an | 7065 |
individual if the person has been convicted of or pleaded guilty | 7066 |
to any of the following: | 7067 |
(a) A violation of section 2903.01, 2903.02, 2903.03, | 7068 |
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, | 7069 |
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05, | 7070 |
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31, | 7071 |
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, | 7072 |
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21, | 7073 |
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36, | 7074 |
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13, | 7075 |
2925.22, 2925.23, or 3716.11 of the Revised Code. | 7076 |
(b) A violation of an existing or former law of this state, | 7077 |
any other state, or the United States that is substantially | 7078 |
equivalent to any of the offenses listed in division (C)(1)(a) of | 7079 |
this section. | 7080 |
(2)(a) A | 7081 |
employ conditionally an applicant for whom a criminal records | 7082 |
check request is required under division (B) of this section prior | 7083 |
to obtaining the results of a criminal records check regarding the | 7084 |
individual, provided that the agency shall request a criminal | 7085 |
records check regarding the individual in accordance with division | 7086 |
(B)(1) of this section not later than five business days after the | 7087 |
individual begins conditional employment. In the circumstances | 7088 |
described in division
(I)(2) of this section, a
| 7089 |
community-based long-term care agency may employ conditionally an | 7090 |
applicant who has been referred to the
| 7091 |
employment service that supplies full-time, part-time, or | 7092 |
temporary staff for positions involving the direct care of | 7093 |
7094 | |
criminal records check is not required under division (B) of this | 7095 |
section. | 7096 |
(b) A
| 7097 |
employs an individual conditionally under authority of division | 7098 |
(C)(2)(a) of this section shall terminate the individual's | 7099 |
employment if the results of the criminal records check request | 7100 |
under division (B) of this section or described in division (I)(2) | 7101 |
of this section, other than the results of any request for | 7102 |
information from the federal bureau of investigation, are not | 7103 |
obtained within the period ending sixty days after the date the | 7104 |
request is made. Regardless of when the results of the criminal | 7105 |
records check are obtained, if the results indicate that the | 7106 |
individual has been convicted of or pleaded guilty to any of the | 7107 |
offenses listed or described in division (C)(1) of this section, | 7108 |
the agency shall terminate the individual's employment unless the | 7109 |
agency chooses to employ the individual pursuant to division (F) | 7110 |
of this section. Termination of employment under this division | 7111 |
shall be considered just cause for discharge for purposes of | 7112 |
division (D)(2) of section 4141.29 of the Revised Code if the | 7113 |
individual makes any attempt to deceive the agency about the | 7114 |
individual's criminal record. | 7115 |
(D)(1) Each | 7116 |
shall pay to the bureau of criminal identification and | 7117 |
investigation the fee prescribed pursuant to division (C)(3) of | 7118 |
section 109.572 of the Revised Code for each criminal records | 7119 |
check conducted pursuant to a request made under division (B) of | 7120 |
this section. | 7121 |
(2) A | 7122 |
charge an applicant a fee not exceeding the amount the agency pays | 7123 |
under division (D)(1) of this section. An agency may collect a fee | 7124 |
only if both of the following apply: | 7125 |
(a) The agency notifies the person at the time of initial | 7126 |
application for employment of the amount of the fee and that, | 7127 |
unless the fee is paid, the person will not be considered for | 7128 |
employment; | 7129 |
(b) The | 7130 |
Chapter 5111. of the Revised Code does not reimburse the agency | 7131 |
the fee it pays under division (D)(1) of this section. | 7132 |
(E) The report of any criminal records check conducted | 7133 |
pursuant to a request made under this section is not a public | 7134 |
record for the purposes of section 149.43 of the Revised Code and | 7135 |
shall not be made available to any person other than the | 7136 |
following: | 7137 |
(1) The individual who is the subject of the criminal records | 7138 |
check or the individual's representative; | 7139 |
(2) The chief administrator of the agency requesting the | 7140 |
criminal records check or the administrator's representative; | 7141 |
(3) The administrator of any other facility, agency, or | 7142 |
program that
provides direct care to | 7143 |
is owned or operated by the same entity that owns or operates the | 7144 |
7145 |
(4) The director of aging or a person authorized by the | 7146 |
director to monitor a community-based long-term care agency's | 7147 |
compliance with this section; | 7148 |
(5) A court, hearing officer, or other necessary individual | 7149 |
involved in a case dealing with a denial of employment of the | 7150 |
applicant or dealing with employment or unemployment benefits of | 7151 |
the applicant; | 7152 |
| 7153 |
and in accordance with, division (I)(1) or (2) of this section. | 7154 |
(F) The department of aging shall adopt rules in accordance | 7155 |
with Chapter 119. of the Revised Code to implement this section. | 7156 |
The rules shall
specify
circumstances under which a | 7157 |
community-based long-term care agency may employ a person who has | 7158 |
been convicted of or pleaded guilty to an offense listed or | 7159 |
described in division (C)(1) of this section but meets personal | 7160 |
character standards set by the department. | 7161 |
(G) The chief administrator of a | 7162 |
long-term care agency shall inform each person, at the time of | 7163 |
initial application for a position that involves providing direct | 7164 |
care to an | 7165 |
provide a set of fingerprint impressions and that a criminal | 7166 |
records check is required to be conducted if the person comes | 7167 |
under final consideration for employment. | 7168 |
(H) In a tort or other civil action for damages that is | 7169 |
brought as the result of an injury, death, or loss to person or | 7170 |
property caused by an individual who a
| 7171 |
long-term care agency employs in a position that involves | 7172 |
providing direct care to | 7173 |
following shall apply: | 7174 |
(1) If the agency employed the individual in good faith and | 7175 |
reasonable reliance on the report of a criminal records check | 7176 |
requested under this section, the agency shall not be found | 7177 |
negligent solely because of its reliance on the report, even if | 7178 |
the information in the report is determined later to have been | 7179 |
incomplete or inaccurate; | 7180 |
(2) If the agency employed the individual in good faith on a | 7181 |
conditional basis pursuant to division (C)(2) of this section, the | 7182 |
agency shall not be found negligent solely because it employed the | 7183 |
individual prior to receiving the report of a criminal records | 7184 |
check requested under this section; | 7185 |
(3) If the agency in good faith employed the individual | 7186 |
according to the personal character standards established in rules | 7187 |
adopted under division (F) of this section, the agency shall not | 7188 |
be found negligent solely because the individual prior to being | 7189 |
employed had been convicted of or pleaded guilty to an offense | 7190 |
listed or described in division (C)(1) of this section. | 7191 |
(I)(1) The chief administrator of a | 7192 |
long-term care agency is not required to request that the | 7193 |
superintendent of the bureau of criminal identification and | 7194 |
investigation conduct a criminal records check of an applicant if | 7195 |
the applicant has been referred to the agency by an employment | 7196 |
service that supplies full-time, part-time, or temporary staff for | 7197 |
positions involving the direct care of | 7198 |
and both of the following apply: | 7199 |
(a) The chief administrator receives from the employment | 7200 |
service or the applicant a report of the results of a criminal | 7201 |
records check regarding the applicant that has been conducted by | 7202 |
the superintendent within the one-year period immediately | 7203 |
preceding the applicant's referral; | 7204 |
(b) The report of the criminal records check demonstrates | 7205 |
that the person has not been convicted of or pleaded guilty to an | 7206 |
offense listed or described in division (C)(1) of this section, or | 7207 |
the report demonstrates that the person has been convicted of or | 7208 |
pleaded guilty to one or more of
those offenses, but the | 7209 |
community-based long-term care agency chooses to employ the | 7210 |
individual pursuant to division (F) of this section. | 7211 |
(2) The chief administrator of a
| 7212 |
long-term care agency is not required to request that the | 7213 |
superintendent of the bureau of criminal identification and | 7214 |
investigation conduct a criminal records check of an applicant and | 7215 |
may employ the applicant conditionally as described in this | 7216 |
division, if the applicant has been referred to the agency by an | 7217 |
employment service that supplies full-time, part-time, or | 7218 |
temporary staff for positions
involving the direct care of | 7219 |
7220 | |
the employment service or the applicant a letter from the | 7221 |
employment service that is on the letterhead of the employment | 7222 |
service, dated, and signed by a supervisor or another designated | 7223 |
official of the employment service and that states that the | 7224 |
employment service has requested the superintendent to conduct a | 7225 |
criminal records check regarding the applicant, that the requested | 7226 |
criminal records check will include a determination of whether the | 7227 |
applicant has been convicted of or pleaded guilty to any offense | 7228 |
listed or described in division (C)(1) of this section, that, as | 7229 |
of the date set forth on the letter, the employment service had | 7230 |
not received the results of the criminal records check, and that, | 7231 |
when the employment service receives the results of the criminal | 7232 |
records check, it promptly will send a copy of the results to the | 7233 |
7234 | |
community-based long-term care agency employs an applicant | 7235 |
conditionally in accordance with this division, the employment | 7236 |
service, upon its receipt of the results of the criminal records | 7237 |
check, promptly shall send a copy of the
results to the | 7238 |
community-based long-term care agency, and division (C)(2)(b) of | 7239 |
this section applies regarding the conditional employment. | 7240 |
Sec. 184.20. | 7241 |
or a member of the third frontier advisory board shall not | 7242 |
7243 |
| 7244 |
Revised Code | 7245 |
| 7246 |
7247 | |
7248 | |
7249 |
| 7250 |
forfeit the support | 7251 |
amount forfeited to the third frontier commission. | 7252 |
Sec. 307.761. A board of county commissioners may maintain | 7253 |
and operate a facility to encourage the study of and promote the | 7254 |
sciences and natural history, or it may contract with or | 7255 |
contribute to a nonprofit corporation to develop, maintain, and | 7256 |
operate such a facility if the nonprofit corporation is organized, | 7257 |
in whole or in part, for the purpose of encouraging the study of | 7258 |
and to promote the sciences and natural history. | 7259 |
Sec. 319.301. (A) This section does not apply to any of the | 7260 |
following: | 7261 |
(1) Taxes levied at whatever rate is required to produce a | 7262 |
specified amount of tax money, including a tax levied under | 7263 |
section 5705.211 of the Revised Code, or an amount to pay debt | 7264 |
charges; | 7265 |
(2) Taxes levied within the one per cent limitation imposed | 7266 |
by Section 2 of Article XII, Ohio Constitution; | 7267 |
(3) Taxes provided for by the charter of a municipal | 7268 |
corporation. | 7269 |
(B) As used in this section: | 7270 |
(1) "Real property" includes real property owned by a | 7271 |
railroad. | 7272 |
(2) "Carryover property" means all real property on the | 7273 |
current year's tax list except: | 7274 |
(a) Land and improvements that were not taxed by the district | 7275 |
in both the preceding year and the current year; | 7276 |
(b) Land and improvements that were not in the same class in | 7277 |
both the preceding year and the current year. | 7278 |
(3) "Effective tax rate" means with respect to each class of | 7279 |
property: | 7280 |
(a) The sum of the total taxes that would have been charged | 7281 |
and payable for current expenses against real property in that | 7282 |
class if each of the district's taxes were reduced for the current | 7283 |
year under division (D)(1) of this section without regard to the | 7284 |
application of division (E)(3) of this section divided by | 7285 |
(b) The taxable value of all real property in that class. | 7286 |
(4) "Taxes charged and payable" means the taxes charged and | 7287 |
payable prior to any reduction required by section 319.302 of the | 7288 |
Revised Code. | 7289 |
(C) The tax commissioner shall make the determinations | 7290 |
required by this section each year, without regard to whether a | 7291 |
taxing district has territory in a county to which section 5715.24 | 7292 |
of the Revised Code applies for that year. Separate determinations | 7293 |
shall be made for each of the two classes established pursuant to | 7294 |
section 5713.041 of the Revised Code. | 7295 |
(D) With respect to each tax authorized to be levied by each | 7296 |
taxing district, the tax commissioner, annually, shall do both of | 7297 |
the following: | 7298 |
(1) Determine by what percentage, if any, the sums levied by | 7299 |
such tax against the carryover property in each class would have | 7300 |
to be reduced for the tax to levy the same number of dollars | 7301 |
against such property in that class in the current year as were | 7302 |
charged against such property by such tax in the preceding year | 7303 |
subsequent to the reduction made under this section but before the | 7304 |
reduction made under section 319.302 of the Revised Code. In the | 7305 |
case of a tax levied for the first time that is not a renewal of | 7306 |
an existing tax, the commissioner shall determine by what | 7307 |
percentage the sums that would otherwise be levied by such tax | 7308 |
against carryover property in each class would have to be reduced | 7309 |
to equal the amount that would have been levied if the full rate | 7310 |
thereof had been imposed against the total taxable value of such | 7311 |
property in the preceding tax year. A tax or portion of a tax that | 7312 |
is designated a replacement levy under section 5705.192 of the | 7313 |
Revised Code is not a renewal of an existing tax for purposes of | 7314 |
this division. | 7315 |
(2) Certify each percentage determined in division (D)(1) of | 7316 |
this section, as adjusted under division (E) of this section, and | 7317 |
the class of property to which that percentage applies to the | 7318 |
auditor of each county in which the district has territory. The | 7319 |
auditor, after complying with section 319.30 of the Revised Code, | 7320 |
shall reduce the sum to be levied by such tax against each parcel | 7321 |
of real property in the district by the percentage so certified | 7322 |
for its class. Certification shall be made by the first day of | 7323 |
September except in the case of a tax levied for the first time, | 7324 |
in which case certification shall be made within fifteen days of | 7325 |
the date the county auditor submits the information necessary to | 7326 |
make the required determination. | 7327 |
(E)(1) As used in division (E)(2) of this section, "pre-1982 | 7328 |
joint vocational taxes" means, with respect to a class of | 7329 |
property, the difference between the following amounts: | 7330 |
(a) The taxes charged and payable in tax year 1981 against | 7331 |
the property in that class for the current expenses of the joint | 7332 |
vocational school district of which the school district is a part | 7333 |
after making all reductions under this section; | 7334 |
(b) The following percentage of the taxable value of all real | 7335 |
property in that class: | 7336 |
(i) In 1987, five one-hundredths of one per cent; | 7337 |
(ii) In 1988, one-tenth of one per cent; | 7338 |
(iii) In 1989, fifteen one-hundredths of one per cent; | 7339 |
(iv) In 1990 and each subsequent year, two-tenths of one per | 7340 |
cent. | 7341 |
If the amount in division (E)(1)(b) of this section exceeds | 7342 |
the amount in division (E)(1)(a) of this section, the pre-1982 | 7343 |
joint vocational taxes shall be zero. | 7344 |
As used in divisions (E)(2) and (3) of this section, "taxes | 7345 |
charged and payable" has the same meaning as in division (B)(4) of | 7346 |
this section and excludes any tax charged and payable in 1985 or | 7347 |
thereafter under sections 5705.194 to 5705.197 or section 5705.213 | 7348 |
of the Revised Code. | 7349 |
(2) If in the case of a school district other than a joint | 7350 |
vocational or cooperative education school district any percentage | 7351 |
required to be used in division (D)(2) of this section for either | 7352 |
class of property could cause the total taxes charged and payable | 7353 |
for current expenses to be less than two per cent of the taxable | 7354 |
value of all real property in that class that is subject to | 7355 |
taxation by the district, the commissioner shall determine what | 7356 |
percentages would cause the district's total taxes charged and | 7357 |
payable for current expenses against that class, after all | 7358 |
reductions that would otherwise be made under this section, to | 7359 |
equal, when combined with the pre-1982 joint vocational taxes | 7360 |
against that class, the lesser of the following: | 7361 |
(a) The sum of the rates at which those taxes are authorized | 7362 |
to be levied; | 7363 |
(b) Two per cent of the taxable value of the property in that | 7364 |
class. The auditor shall use such percentages in making the | 7365 |
reduction required by this section for that class. | 7366 |
(3)(a) If in the case of a joint vocational school district | 7367 |
any percentage required to be used in division (D)(2) of this | 7368 |
section for either class of property could cause the total taxes | 7369 |
charged and payable for current expenses for that class to be less | 7370 |
than the designated amount, the commissioner shall determine what | 7371 |
percentages would cause the district's total taxes charged and | 7372 |
payable for current expenses for that class, after all reductions | 7373 |
that would otherwise be made under this section, to equal the | 7374 |
designated amount. The auditor shall use such percentages in | 7375 |
making the reductions required by this section for that class. | 7376 |
(b) As used in division (E)(3)(a) of this section, the | 7377 |
designated amount shall equal the taxable value of all real | 7378 |
property in the class that is subject to taxation by the district | 7379 |
times the lesser of the following: | 7380 |
(i) Two-tenths of one per cent; | 7381 |
(ii) The district's effective rate plus the following | 7382 |
percentage for the year indicated: | 7383 |
WHEN COMPUTING THE | 7384 | ||||
TAXES CHARGED FOR | ADD THE FOLLOWING PERCENTAGE: | 7385 |
1987 | 0.025% | 7386 | |||
1988 | 0.05% | 7387 | |||
1989 | 0.075% | 7388 | |||
1990 | 0.1% | 7389 | |||
1991 | 0.125% | 7390 | |||
1992 | 0.15% | 7391 | |||
1993 | 0.175% | 7392 | |||
1994 and thereafter | 0.2% | 7393 |
(F) No reduction shall be made under this section in the rate | 7394 |
at which any tax is levied. | 7395 |
(G) The commissioner may order a county auditor to furnish | 7396 |
any information
| 7397 |
determinations required under division (D) or (E) of this section, | 7398 |
and the auditor shall supply the information in the form and by | 7399 |
the date specified in the order. If the auditor fails to comply | 7400 |
with an order issued under this division, except for good cause as | 7401 |
determined by the commissioner, the commissioner shall withhold | 7402 |
from such county or taxing district therein fifty per cent of | 7403 |
state revenues to local governments pursuant to section 5747.50 of | 7404 |
the Revised Code or shall direct the department of education to | 7405 |
withhold therefrom fifty per cent of state revenues to school | 7406 |
districts pursuant to Chapter 3317. of the Revised Code. The | 7407 |
commissioner shall withhold the distribution of such revenues | 7408 |
until the county auditor has complied with this division, and the | 7409 |
department shall withhold the distribution of such revenues until | 7410 |
the commissioner has notified the department that the county | 7411 |
auditor has complied with this division. | 7412 |
(H) If the commissioner is unable to certify a tax reduction | 7413 |
factor for either class of property in a taxing district located | 7414 |
in more than one county by the last day of November because | 7415 |
information required under division (G) of this section is | 7416 |
unavailable,
| 7417 |
estimated tax reduction factor for that district for that class. | 7418 |
The estimated factor shall be based upon an estimate of the | 7419 |
unavailable information. Upon receipt of the actual information | 7420 |
for a taxing district that received an estimated tax reduction | 7421 |
factor, the commissioner shall compute the actual tax reduction | 7422 |
factor and use that factor to compute the taxes that should have | 7423 |
been charged and payable against each parcel of property for the | 7424 |
year for which the estimated reduction factor was used. The amount | 7425 |
by which the estimated factor resulted in an overpayment or | 7426 |
underpayment in taxes on any parcel shall be added to or | 7427 |
subtracted from the amount due on that parcel in the ensuing tax | 7428 |
year. | 7429 |
A percentage or a tax reduction factor determined or computed | 7430 |
by the commissioner under this section shall be used solely for | 7431 |
the purpose of reducing the sums to be levied by the tax to which | 7432 |
it applies for the year for which it was determined or computed. | 7433 |
It shall not be used in making any tax computations for any | 7434 |
ensuing tax year. | 7435 |
(I) In making the determinations under division (D)(1) of | 7436 |
this section, the tax commissioner shall take account of changes | 7437 |
in the taxable value of carryover property resulting from | 7438 |
complaints filed under section 5715.19 of the Revised Code for | 7439 |
determinations made for the tax year in which such changes are | 7440 |
reported to the commissioner. Such changes shall be reported to | 7441 |
the commissioner on the first abstract of real property filed with | 7442 |
the commissioner under section 5715.23 of the Revised Code | 7443 |
following the date on which the complaint is finally determined by | 7444 |
the board of revision or by a court or other authority with | 7445 |
jurisdiction on appeal. The tax commissioner shall account for | 7446 |
such changes in making the determinations only for the tax year in | 7447 |
which the change in valuation is reported. Such a valuation change | 7448 |
shall not be used to recompute the percentages determined under | 7449 |
division (D)(1) of this section for any prior tax year. | 7450 |
Sec. 333.01. As used in this chapter: | 7451 |
(A) "County sales and use tax" means the tax levied by a | 7452 |
county under division (A) of section 5739.021 or division (A) of | 7453 |
section 5741.021 of the Revised Code that is returned or | 7454 |
distributed to the county under section 5739.21 or 5741.03 of the | 7455 |
Revised Code. | 7456 |
(B) "Impact facility" means a permanent structure, including | 7457 |
all interior or exterior square footage used for educational or | 7458 |
exhibition activities, that meets all of the following criteria: | 7459 |
(1) It is used for the sale of tangible personal property or | 7460 |
services; | 7461 |
(2) At least ten per cent of the facility's total square | 7462 |
footage is dedicated to educational or exhibition activities; | 7463 |
(3) At least fifty million dollars is invested in land, | 7464 |
buildings, infrastructure, and equipment for the facility at the | 7465 |
site of the facility over a period of not more than two years; | 7466 |
(4) An annualized average of at least one hundred fifty new | 7467 |
full-time equivalent positions will be created and maintained at | 7468 |
the facility; | 7469 |
(5) More than fifty per cent of the visitors to the facility | 7470 |
are reasonably anticipated to live at least one hundred miles from | 7471 |
the facility. | 7472 |
(C) "Qualifying investment" means a person's investment in | 7473 |
land, buildings, infrastructure, and equipment for creating an | 7474 |
impact facility. | 7475 |
(D) "Full-time equivalent positions" means the total number | 7476 |
of hours worked at a facility in a work week, divided by forty | 7477 |
hours per week. | 7478 |
Sec. 333.02. Before December 1, 2006, a board of county | 7479 |
commissioners of a county that levies a county sales and use tax | 7480 |
may enter into an agreement with any person that proposes to | 7481 |
construct an impact facility in the county to provide payments to | 7482 |
that person of up to seventy-five per cent of the county sales and | 7483 |
use tax collected on each retail sale made by that person at the | 7484 |
facility, for a term of up to ten years, or until the person's | 7485 |
qualifying investment in the impact facility has been realized | 7486 |
through the payments, whichever occurs first. | 7487 |
Sec. 333.03. (A) A person seeking to enter into an agreement | 7488 |
and obtain payments under section 333.02 of the Revised Code shall | 7489 |
provide both of the following to the board of county | 7490 |
commissioners: | 7491 |
(1) A certification by the person's chief financial officer, | 7492 |
or the equivalent if that position does not exist, that the | 7493 |
criteria listed in division (B) of section 333.01 of the Revised | 7494 |
Code will be met; and | 7495 |
(2) An application on a form or in a format acceptable to the | 7496 |
board that describes the proposed impact facility, including the | 7497 |
projected level of investment in and new jobs to be created at the | 7498 |
facility, the rationale used for determining that more than fifty | 7499 |
per cent of the facility's visitors live at least one hundred | 7500 |
miles from the facility, the types of activities to be conducted | 7501 |
at the facility, the projected levels of sales to occur at the | 7502 |
facility, a calculation of the facility's square footage that will | 7503 |
be dedicated to educational or exhibition activities, and any | 7504 |
other information the board of county commissioners reasonably | 7505 |
requests about the expected operations of the facility. | 7506 |
(B) The board of county commissioners shall request the | 7507 |
director of development to certify that the proposed facility | 7508 |
meets the criteria for an impact facility listed in division (B) | 7509 |
of section 333.01 of the Revised Code. The board of county | 7510 |
commissioners may, but need not, make findings of fact that a | 7511 |
proposed facility meets the criteria for an impact facility listed | 7512 |
in division (B) of section 333.01 of the Revised Code before or | 7513 |
after requesting the certification. If the director of development | 7514 |
certifies a proposed facility as an impact facility under this | 7515 |
section, and if the board makes such findings, the findings and | 7516 |
certification are conclusive and not subject to reopening at any | 7517 |
time. | 7518 |
Sec. 333.04. (A) After review of the items submitted under | 7519 |
division (A) of section 333.03 of the Revised Code, and after | 7520 |
receipt of the certification from the director of development | 7521 |
under division (B) of that section, a board of county | 7522 |
commissioners, before December 1, 2006, may enter into an | 7523 |
agreement under section 333.02 of the Revised Code, provided that | 7524 |
the board has determined all of the following: | 7525 |
(1) The proposed impact facility is economically sound; | 7526 |
(2) Construction of the proposed impact facility has not | 7527 |
begun prior to the day the agreement is entered into; | 7528 |
(3) The impact facility will benefit the county by increasing | 7529 |
employment opportunities and strengthening the local and regional | 7530 |
economy; and | 7531 |
(4) Receiving payments from the board of county commissioners | 7532 |
is a major factor in the person's decision to go forward with | 7533 |
construction of the impact facility. | 7534 |
(B) An agreement entered into under this section shall | 7535 |
include all of the following: | 7536 |
(1) A description of the impact facility that is the subject | 7537 |
of the agreement, including the existing investment level, if any, | 7538 |
the proposed amount of investments, the scheduled starting and | 7539 |
completion dates for the facility, and the number and type of | 7540 |
full-time equivalent positions to be created at the facility; | 7541 |
(2) The percentage of the county sales and use tax collected | 7542 |
at the impact facility that will be used to make payments to the | 7543 |
person entering into the agreement; | 7544 |
(3) The term of the payments and the first calendar quarter | 7545 |
in which the person may apply for a payment under section 333.06 | 7546 |
of the Revised Code; | 7547 |
(4) A requirement that the amount of payments made to the | 7548 |
person during the term established under division (B)(3) of this | 7549 |
section shall not exceed the person's qualifying investment, and | 7550 |
that all payments cease when that amount is reached; | 7551 |
(5) A requirement that the person maintain operations at the | 7552 |
impact facility for at least the term established under division | 7553 |
(B)(3) of this section; | 7554 |
(6) A requirement that the person annually certify to the | 7555 |
board of county commissioners, on or before a date established by | 7556 |
the board in the agreement, the level of investment in, the number | 7557 |
of employees and type of full-time equivalent positions at, and | 7558 |
the amount of county sales and use tax collected and remitted to | 7559 |
the tax commissioner or treasurer of state from sales made at, the | 7560 |
facility; | 7561 |
(7) A provision stating that the creation of the proposed | 7562 |
impact facility does not involve the relocation of more than ten | 7563 |
full-time equivalent positions and two million dollars in taxable | 7564 |
assets to the impact facility from another facility owned by the | 7565 |
person, or a related member of the person, that is located in | 7566 |
another political subdivision of this state, other than the | 7567 |
political subdivision in which the impact facility is or will be | 7568 |
located; | 7569 |
(8) A provision stating that the person will not relocate | 7570 |
more than ten full-time equivalent positions and two million | 7571 |
dollars in taxable assets to the impact facility from another | 7572 |
facility in another political subdivision of this state during the | 7573 |
term of the payments without the written approval of the director | 7574 |
of development; | 7575 |
(9) A detailed explanation of how the person determined that | 7576 |
more than fifty per cent of the visitors to the facility live at | 7577 |
least one hundred miles from the facility. | 7578 |
(C) For purposes of this section, the transfer of a full-time | 7579 |
equivalent position or taxable asset from another political | 7580 |
subdivision in this state to the political subdivision in which | 7581 |
the impact facility is or will be located shall be considered a | 7582 |
relocation, unless the person refills the full-time equivalent | 7583 |
position, or replaces the taxable asset with an asset of equal or | 7584 |
greater taxable value, within six months after the transfer. The | 7585 |
person may not receive a payment under this chapter for any year | 7586 |
in which more than ten relocations occurred without the written | 7587 |
consent of the board of county commissioners. | 7588 |
Sec. 333.05. (A) If a person fails to meet or comply with | 7589 |
any provision of an agreement entered into under section 333.02 of | 7590 |
the Revised Code, the board of county commissioners may amend the | 7591 |
agreement to reduce the percentage or term, or both, of the | 7592 |
payments the person is entitled to receive under the agreement. | 7593 |
The reduction shall commence in the calendar quarter immediately | 7594 |
following the calendar quarter in which the board amends the | 7595 |
agreement. | 7596 |
(B) A board of county commissioners shall submit to the | 7597 |
department of development and to the tax commissioner a copy of | 7598 |
each agreement entered into under section 333.02 of the Revised | 7599 |
Code and any modifications to an agreement within thirty days | 7600 |
after finalization or modification of the agreement. | 7601 |
Sec. 333.06. (A) A person who has entered into an agreement | 7602 |
with a board of county commissioners under section 333.02 of the | 7603 |
Revised Code shall apply for payment with the county auditor on a | 7604 |
form prescribed by the tax commissioner within sixty days after | 7605 |
the end of each calendar quarter during which the agreement is in | 7606 |
effect. Upon request of the county auditor, the tax commissioner | 7607 |
shall provide to the county auditor the applicant's sales or use | 7608 |
tax return information or any sales or use tax audit information, | 7609 |
including information regarding state refunds of sales or use | 7610 |
taxes, that the county auditor needs to determine the amount of | 7611 |
the payment that should be made to the applicant. | 7612 |
(B) On receipt of an application for payment under this | 7613 |
section and review of the applicant's agreement with the board of | 7614 |
county commissioners, the county auditor shall determine the | 7615 |
amount of the payment the applicant shall receive as follows: | 7616 |
(1) If the amount of the payment is not less than that | 7617 |
claimed on the application, the county auditor shall certify the | 7618 |
amount to the county treasurer, who shall make a payment to the | 7619 |
applicant from the county sales and use tax revenues returned or | 7620 |
distributed to the county under sections 5739.21 and 5741.03 of | 7621 |
the Revised Code. Upon request of the board of county | 7622 |
commissioners or the tax commissioner, the county auditor shall | 7623 |
notify the board or the commissioner, or both, of the amount | 7624 |
certified and the date the payment will be made. | 7625 |
(2) If the amount of the payment is less than that claimed on | 7626 |
the application, the county auditor shall notify the applicant and | 7627 |
provide to the applicant the reasons why the payment is less than | 7628 |
that claimed. If the applicant disagrees with the amount of the | 7629 |
payment, the applicant may file an appeal with the tax | 7630 |
commissioner pursuant to, and within the time prescribed by, | 7631 |
section 333.07 of the Revised Code. To assist in reviewing the | 7632 |
amount under appeal, the county auditor shall provide to the tax | 7633 |
commissioner any information the commissioner requests. | 7634 |
(C) A payment made under this section or under section 333.07 | 7635 |
of the Revised Code shall not include interest. The amount of the | 7636 |
payment shall be subject to adjustment by the county auditor, | 7637 |
based on any refunds of the county sales and use tax that were | 7638 |
made to the person arising from retail sales at the impact | 7639 |
facility, including for calendar quarters in which such sales were | 7640 |
made before the calendar quarter for which the person is | 7641 |
requesting a payment under this section. | 7642 |
Sec. 333.07. (A) An applicant who intends to file an appeal | 7643 |
with the tax commissioner under division (B)(2) of section 333.06 | 7644 |
of the Revised Code shall have sixty days from the date the county | 7645 |
auditor mails the notice under that section, as shown by the | 7646 |
United States postal service postmark, to file with the | 7647 |
commissioner a notice of objection and to request a hearing. The | 7648 |
notice of objection shall state the reasons why the applicant | 7649 |
objects to the amount of the payment to be paid to the applicant | 7650 |
by the county auditor. | 7651 |
(B)(1) If an applicant who files an appeal with the tax | 7652 |
commissioner under division (B)(2) of section 333.06 of the | 7653 |
Revised Code does not file a notice of objection within the time | 7654 |
limit prescribed under division (A) of this section, the tax | 7655 |
commissioner shall take no further action and the county auditor's | 7656 |
determination under section 333.06 of the Revised Code is final. | 7657 |
(2)(a) If the applicant files a notice of objection and | 7658 |
requests a hearing within the time limit prescribed by division | 7659 |
(A) of this section, the tax commissioner shall assign a time and | 7660 |
place for the hearing and notify the applicant of the time and | 7661 |
place, but the commissioner may continue the hearing from time to | 7662 |
time as necessary. After the hearing, the commissioner may make | 7663 |
adjustments to the payment as the commissioner finds proper, and | 7664 |
shall issue a final determination thereon. | 7665 |
(b) If the applicant files a notice of objection within the | 7666 |
time limit prescribed by division (A) of this section and does not | 7667 |
request a hearing, but provides additional information within the | 7668 |
time limit prescribed by division (A) of this section, the tax | 7669 |
commissioner shall review the information, may make adjustments to | 7670 |
the payment as the commissioner finds proper, and shall issue a | 7671 |
final determination thereon. | 7672 |
(C) The tax commissioner shall serve a copy of the | 7673 |
commissioner's final determination under this section on the | 7674 |
applicant that filed the appeal and on the county auditor, in the | 7675 |
manner provided in section 5703.37 of the Revised Code. The final | 7676 |
determination may be appealed by the applicant under section | 7677 |
5717.02 of the Revised Code. | 7678 |
(D) If applicable, the county auditor shall certify to the | 7679 |
county treasurer any payment due to a person pursuant to the tax | 7680 |
commissioner's final determination under this section, adjusted | 7681 |
for any changes that were made to the amount of the payment as the | 7682 |
result of the appeal. | 7683 |
Sec. 340.021. (A) In an alcohol, drug addiction, and mental | 7684 |
health service district comprised of a county with a population of | 7685 |
two hundred fifty thousand or more on October 10, 1989, the board | 7686 |
of county commissioners shall, within thirty days of October 10, | 7687 |
1989, establish an alcohol and drug addiction services board as | 7688 |
the entity responsible for providing alcohol and drug addiction | 7689 |
services in the county, unless, prior to that date, the board | 7690 |
adopts a resolution providing that the entity responsible for | 7691 |
providing the services is a board of alcohol, drug addiction, and | 7692 |
mental health services. If the board of county commissioners | 7693 |
establishes an alcohol and drug addiction services board, the | 7694 |
community mental health board established under former section | 7695 |
340.02 of the Revised Code shall serve as the entity responsible | 7696 |
for providing mental health services in the county. A community | 7697 |
mental health board has all the powers, duties, and obligations of | 7698 |
a board of alcohol, drug addiction, and mental health services | 7699 |
with regard to mental health services. An alcohol and drug | 7700 |
addiction services board has all the powers, duties, and | 7701 |
obligations of a board of alcohol, drug addiction, and mental | 7702 |
health services with regard to alcohol and drug addiction | 7703 |
services. Any provision of the Revised Code that refers to a board | 7704 |
of alcohol, drug addiction, and mental health services with regard | 7705 |
to mental health services also refers to a community mental health | 7706 |
board and any provision that refers to a board of alcohol, drug | 7707 |
addiction, and mental health services with regard to alcohol and | 7708 |
drug addiction services also refers to an alcohol and drug | 7709 |
addiction services board. | 7710 |
An alcohol and drug addiction services board shall consist of | 7711 |
eighteen members, six of whom shall be appointed by the director | 7712 |
of alcohol and drug addiction services and twelve of whom shall be | 7713 |
appointed by the board of county commissioners. Of the members | 7714 |
appointed by the director, one shall be a person who has received | 7715 |
or is receiving services for alcohol or drug addiction, one shall | 7716 |
be a parent or relative of such a person, one shall be a | 7717 |
professional in the field of alcohol or drug addiction services, | 7718 |
and one shall be an advocate for persons receiving treatment for | 7719 |
alcohol or drug addiction. The membership of the board shall, as | 7720 |
nearly as possible, reflect the composition of the population of | 7721 |
the service district as to race and sex. Members shall be | 7722 |
residents of the service district and shall be interested in | 7723 |
alcohol and drug addiction services. Requirements for membership, | 7724 |
including prohibitions against certain family and business | 7725 |
relationships, and terms of office shall be the same as those for | 7726 |
members of boards of alcohol, drug addiction, and mental health | 7727 |
services. | 7728 |
A community mental health board shall consist of eighteen | 7729 |
members, six of whom shall be appointed by the director of mental | 7730 |
health and twelve of whom shall be appointed by the board of | 7731 |
county commissioners. Of the members appointed by the director, | 7732 |
one shall be a person who has received or is receiving mental | 7733 |
health services, one shall be a parent or relative of such a | 7734 |
person, one shall be a psychiatrist or a physician, and one shall | 7735 |
be a mental health professional. The membership of the board as | 7736 |
nearly as possible shall reflect the composition of the population | 7737 |
of the service district as to race and sex. Members shall be | 7738 |
residents of the service district and shall be interested in | 7739 |
mental health services. Requirements for membership, including | 7740 |
prohibitions against certain family and business relationships, | 7741 |
and terms of office shall be the same as those for members of | 7742 |
boards of alcohol, drug addiction, and mental health services. | 7743 |
(B) If a board of county commissioners subject to division | 7744 |
(A) of this section did not adopt a resolution providing for a | 7745 |
board of alcohol, drug addiction, and mental health services, the | 7746 |
board of county commissioners may | 7747 |
establish such a board | 7748 |
following procedures: | 7749 |
(1) | 7750 |
7751 |
| 7752 |
7753 | |
7754 | |
7755 | |
7756 | |
the board of county commissioners shall adopt a resolution | 7757 |
expressing its intent to establish a board of alcohol, drug | 7758 |
addiction, and mental health services. | 7759 |
(2) After adopting a resolution under division (B)(1) of this | 7760 |
section, the board of county commissioners shall instruct the | 7761 |
county's community mental health board and the alcohol and drug | 7762 |
addiction services board to prepare a report on the feasibility, | 7763 |
process, and proposed plan to establish a board of alcohol, drug | 7764 |
addiction, and mental health services. The board of county | 7765 |
commissioners shall specify the date by which the report must be | 7766 |
submitted to the board for its review. | 7767 |
(3) After reviewing the report prepared under division (B)(2) | 7768 |
of this section, the board may adopt a final resolution | 7769 |
establishing a board of alcohol, drug addiction, and mental health | 7770 |
services. A final resolution establishing such a board shall be | 7771 |
adopted not later than July 1, 2007. | 7772 |
Sec. 742.57. All amounts due the Ohio police and fire | 7773 |
pension fund from the state treasury pursuant to this chapter | 7774 |
shall be promptly paid
upon warrant of the | 7775 |
director of budget and management pursuant to a voucher approved | 7776 |
by the
director | 7777 |
Sec. 901.23. (A) There is hereby created the farmland | 7778 |
preservation advisory board consisting of twelve voting members | 7779 |
7780 | |
7781 | |
7782 |
(1) One member who is a county commissioner or a | 7783 |
representative of a statewide organization that represents county | 7784 |
commissioners; | 7785 |
(2) One member who is a township trustee or a representative | 7786 |
of a statewide organization that represents township trustees; | 7787 |
(3) One representative of the Ohio state university; | 7788 |
(4) One representative of a national nonprofit organization | 7789 |
dedicated to the preservation of farmland; | 7790 |
(5) | 7791 |
7792 |
| 7793 |
7794 |
| 7795 |
| 7796 |
7797 | |
7798 | |
office shall be staggered and shall be for three years, with each | 7799 |
term ending on the same day of the same month as did the term that | 7800 |
it succeeds. Each member shall hold office from the date of | 7801 |
appointment until the end of the term for which the member was | 7802 |
appointed, except that the term of any member who is a county | 7803 |
commissioner or township trustee shall end when the member ceases | 7804 |
to serve as a county commissioner or township trustee. | 7805 |
Members may be reappointed. Vacancies shall be filled in the | 7806 |
manner provided for original appointments. Any member appointed to | 7807 |
fill a vacancy occurring prior to the expiration date of the term | 7808 |
for which the member was appointed shall serve for the remainder | 7809 |
of that term. A member shall continue to serve subsequent to the | 7810 |
expiration date of the member's term until the member's successor | 7811 |
takes office or until a period of sixty days has elapsed, | 7812 |
whichever occurs first. Members shall serve at the pleasure of the | 7813 |
director. | 7814 |
The executive director of the office of farmland preservation | 7815 |
in the department of agriculture or another employee of the | 7816 |
department who is designated by the director shall serve as the | 7817 |
nonvoting chairperson of the board. The director annually shall | 7818 |
designate one member of the board to serve as its | 7819 |
vice-chairperson. The board may adopt bylaws governing its | 7820 |
operation and shall meet at a time when the director, or the | 7821 |
director's designee, considers it appropriate in order for the | 7822 |
board to provide advice as required under division (B) of this | 7823 |
section. | 7824 |
(B) The board shall provide advice to the director regarding | 7825 |
all of the following: | 7826 |
(1) The design and implementation of an agricultural easement | 7827 |
purchase program; | 7828 |
(2) The selection of applications that will be awarded | 7829 |
matching grants under division (D) of section 901.22 of the | 7830 |
Revised Code for the purchase of agricultural easements; | 7831 |
(3) The design and implementation of any other statewide | 7832 |
farmland protection measures that the director considers | 7833 |
appropriate. | 7834 |
(C) Serving as a member of the board does not constitute | 7835 |
holding a public office or position of employment under the laws | 7836 |
of this state and does not constitute grounds for removal of | 7837 |
public officers or employees from their offices or positions of | 7838 |
employment. | 7839 |
(D) A board member shall be reimbursed for actual and | 7840 |
necessary expenses incurred in the discharge of duties as a board | 7841 |
member. | 7842 |
Sec. 927.39. (A) As used in this section and in sections | 7843 |
927.40 to 927.42 of the Revised Code: | 7844 |
(1) "Pest" has the same meaning as in section 927.51 of the | 7845 |
Revised Code. | 7846 |
(2) "Quarantined area" means an area that is quarantined by | 7847 |
the director of agriculture under section 927.71 of the Revised | 7848 |
Code or by the United States department of agriculture. | 7849 |
(B) Counties, townships, and municipal corporations may, upon | 7850 |
the vote of the board of county commissioners, the board of | 7851 |
township trustees, or the legislative authority of any municipal | 7852 |
corporation, purchase or rent
| 7853 |
supplies designed to combat | 7854 |
7855 | |
may contract for the hire of necessary employees to operate such | 7856 |
equipment and carry out
sections 927.39 to 927.42 | 7857 |
the Revised Code. Payment for such equipment or its use, supplies, | 7858 |
and wages as are contracted for may be provided out of the general | 7859 |
fund of such subdivision. | 7860 |
Any two or more counties, townships, municipal corporations, | 7861 |
or any combination of such subdivisions, may jointly contract for | 7862 |
the purchase or
renting of such | 7863 |
of such supplies, and for the hiring of such employees to conduct | 7864 |
a joint effort to combat | 7865 |
pest in a quarantined area; the payment for such equipment, | 7866 |
supplies, and labor may be made jointly, in such proportions as | 7867 |
the board of county commissioners, the board of township trustees, | 7868 |
or the legislative authority of a municipal corporation may agree | 7869 |
upon, out of the general fund of any such subdivision. | 7870 |
Sec. 927.40. The board of county commissioners, board of | 7871 |
township trustees, or legislative authority of a municipal | 7872 |
corporation may authorize an agent to enter upon any lands in a | 7873 |
quarantined area within the subdivisions for the sole purpose of | 7874 |
inspecting such lands for the existence of | 7875 |
7876 | |
by any such subdivision, through its agent, solely to prepare a | 7877 |
campaign within the subdivision against
| 7878 |
in a quarantined area. | 7879 |
Sec. 927.41. Upon the purchase or rental of | 7880 |
equipment and the
purchase of supplies to combat | 7881 |
7882 | |
the board of county commissioners, board of township trustees, or | 7883 |
legislative authority of a municipal corporation may contact the | 7884 |
owners of land in the quarantined area within the subdivision, to | 7885 |
obtain permission to enter upon such lands to
| 7886 |
7887 | |
permission, such
agents may enter upon such land and | 7888 |
7889 | |
7890 | |
trustees, or legislative authority of the municipal corporation | 7891 |
may charge
| 7892 |
actual costs of | 7893 |
In the same manner, plants that are dead or dying | 7894 |
7895 | |
pest may be removed or completely destroyed | 7896 |
of the landowner. | 7897 |
Sec. 927.42. (A) The board of county commissioners, the | 7898 |
board of township trustees, or the legislative authority of any | 7899 |
municipal corporation may obtain
the assistance of the | 7900 |
department of agriculture | 7901 |
department of agriculture upon any problem | 7902 |
connection with combating dutch elm disease and phloem necrosis. | 7903 |
(B) In the case of a quarantined area, the board of county | 7904 |
commissioners, the board of township trustees, or the legislative | 7905 |
authority of a municipal corporation shall comply with a | 7906 |
compliance agreement that is entered into in accordance with rules | 7907 |
adopted under section 927.52 of the Revised Code. | 7908 |
Sec. 955.011. (A) When an application is made for | 7909 |
registration of | 7910 |
7911 | |
7912 | |
7913 | |
7914 | |
7915 | |
7916 | |
means that the dog is | 7917 |
7918 | |
assistance dog,
the owner of | 7919 |
7920 | |
the dog shall
be exempt from any fee for | 7921 |
Registration for
| 7922 |
7923 | |
7924 | |
7925 | |
7926 | |
to annual renewal so long as the dog is | 7927 |
an assistance dog. Certificates and tags stamped "Ohio | 7928 |
Assistance Dog-Permanent Registration," with registration number, | 7929 |
shall be issued upon registration of such a dog. Any certificate | 7930 |
and tag stamped "Ohio Guide Dog-Permanent Registration" or "Ohio | 7931 |
Hearing Dog-Permanent Registration," with registration number, | 7932 |
that was issued for a dog in accordance with this section as it | 7933 |
existed prior to July 4, 1984, | 7934 |
"Ohio Handicapped Assistance Dog-Permanent Registration," with | 7935 |
registration number, that was issued for a dog in accordance with | 7936 |
this section as it existed on and after July 5, 1984, | 7937 |
prior to | 7938 |
and any certificate and tag stamped "Ohio Service Dog-Permanent | 7939 |
Registration," with registration number, that was issued for a dog | 7940 |
in accordance with this section as it existed on and after | 7941 |
November 26, 2004, but prior to the effective date of this | 7942 |
amendment shall remain in effect as valid proof of the | 7943 |
registration of the dog on and after | 7944 |
7945 | |
dog registered in accordance with this section, upon proper proof | 7946 |
of loss, shall be issued and no fee required. Each duplicate | 7947 |
certificate and tag
that is issued shall be stamped "Ohio | 7948 |
Assistance Dog-Permanent Registration." | 7949 |
(B) As used in this section and in sections 955.16 and 955.43 | 7950 |
of the Revised Code: | 7951 |
(1) "Mobility impaired person" means any person, regardless | 7952 |
of age, who is subject to a physiological defect or deficiency | 7953 |
regardless of its cause, nature, or extent that renders the person | 7954 |
unable to move about without the aid of crutches, a wheelchair, or | 7955 |
any other form of support, or that limits the person's functional | 7956 |
ability to ambulate, climb,
descend, sit, rise, or | 7957 |
related function. "Mobility impaired person" includes a person | 7958 |
with a neurological or psychological disability that limits the | 7959 |
person's functional ability to ambulate, climb, descend, sit, | 7960 |
rise, or perform any related function. "Mobility impaired person" | 7961 |
also includes a person with a seizure disorder. | 7962 |
(2) "Blind" means either of the following: | 7963 |
(a) Vision twenty/two hundred or less in the better eye with | 7964 |
proper correction | 7965 |
(b) Field defect in the better eye with proper correction | 7966 |
7967 | |
the visual field subtends an angle no greater than twenty degrees. | 7968 |
(3) "Assistance dog" means a guide dog, hearing dog, or | 7969 |
service dog that has been trained by a nonprofit special agency. | 7970 |
(4) "Guide dog" means a dog that has been trained or is in | 7971 |
training to assist a blind person. | 7972 |
(5) "Hearing dog" means a dog that has been trained or is in | 7973 |
training to assist a deaf or hearing-impaired person. | 7974 |
(6) "Service dog" means a dog that has been trained or is in | 7975 |
training to assist a mobility impaired person. | 7976 |
Sec. 955.16. (A) Dogs that have been seized by the county | 7977 |
dog warden and impounded shall be kept, housed, and fed for three | 7978 |
days for the purpose of redemption, as provided by section 955.18 | 7979 |
of the Revised Code, unless any of the following applies: | 7980 |
(1) Immediate humane destruction of the dog is necessary | 7981 |
because of obvious disease or injury. If the diseased or injured | 7982 |
dog is registered, as determined from the current year's | 7983 |
registration list maintained by the warden and the county auditor | 7984 |
of the county where the dog is registered, the necessity of | 7985 |
destroying the dog shall be certified by a licensed veterinarian | 7986 |
or a registered veterinary technician. If the dog is not | 7987 |
registered, the decision to destroy it shall be made by the | 7988 |
warden. | 7989 |
(2) The dog is currently registered on the registration list | 7990 |
maintained by the warden and the auditor of the county where the | 7991 |
dog is registered and the attempts to notify the owner, keeper, or | 7992 |
harborer under section 955.12 of the Revised Code have failed, in | 7993 |
which case the dog shall be kept, housed, and fed for fourteen | 7994 |
days for the purpose of redemption. | 7995 |
(3) The warden has contacted the owner, keeper, or harborer | 7996 |
under section 955.12 of the Revised Code, and the owner, keeper, | 7997 |
or harborer has requested that the dog remain in the pound or | 7998 |
animal shelter until the owner, harborer, or keeper redeems the | 7999 |
dog. The time for such redemption shall be not more than | 8000 |
forty-eight hours following the end of the appropriate redemption | 8001 |
period. | 8002 |
At any time after such periods of redemption, any dog not | 8003 |
redeemed shall be donated to any nonprofit special agency that is | 8004 |
engaged in the training of any type of assistance dogs | 8005 |
8006 | |
8007 | |
requests that the dog be donated to it. Any dog not redeemed that | 8008 |
is not requested by such an agency may be sold, except that no dog | 8009 |
sold to a person other than a nonprofit teaching or research | 8010 |
institution or organization of the type described in division (B) | 8011 |
of this section shall be discharged from the pound or animal | 8012 |
shelter until the animal has been registered and furnished with a | 8013 |
valid registration tag. | 8014 |
(B) Any dog that is not redeemed within the applicable period | 8015 |
as specified in this section or section 955.12 of the Revised Code | 8016 |
from the time notice is mailed to its owner, keeper, or harborer | 8017 |
or is posted at the pound or animal shelter, as required by | 8018 |
section 955.12 of the Revised Code, and that is not required to be | 8019 |
donated to a nonprofit special agency engaged in the training of | 8020 |
8021 | |
may, upon payment to the dog warden or poundkeeper of the sum of | 8022 |
three dollars, be sold to any nonprofit Ohio institution or | 8023 |
organization that is certified by the Ohio public health council | 8024 |
as being engaged in teaching or research concerning the prevention | 8025 |
and treatment of diseases of human beings or animals. Any dog that | 8026 |
is donated to a nonprofit special agency engaged in the training | 8027 |
of | 8028 |
in accordance with division (A) of this section and any dog that | 8029 |
is sold to any nonprofit teaching or research institution or | 8030 |
organization shall be discharged from the pound or animal shelter | 8031 |
without registration and may be kept by the agency or by the | 8032 |
institution or organization without registration so long as the | 8033 |
dog is being trained, or is being used for teaching and research | 8034 |
purposes. | 8035 |
Any institution or organization certified by the Ohio public | 8036 |
health council that obtains dogs for teaching and research | 8037 |
purposes pursuant to this section shall, at all reasonable times, | 8038 |
make the dogs available for inspection by agents of the Ohio | 8039 |
humane society, appointed pursuant to section 1717.04 of the | 8040 |
Revised Code, and agents of county humane societies, appointed | 8041 |
pursuant to section 1717.06 of the Revised Code, in order that the | 8042 |
agents may prevent the perpetration of any act of cruelty, as | 8043 |
defined in section 1717.01 of the Revised Code, to the dogs. | 8044 |
(C) Any dog that the dog warden or poundkeeper is unable to | 8045 |
dispose of, in the manner provided by this section and section | 8046 |
955.18 of the Revised Code, may be humanely destroyed, except that | 8047 |
no dog shall be destroyed until twenty-four hours after it has | 8048 |
been offered to a nonprofit teaching or research institution or | 8049 |
organization, as provided in this section, that has made a request | 8050 |
for dogs to the dog warden or poundkeeper. | 8051 |
(D) An owner of a dog that is wearing a valid registration | 8052 |
tag who presents the dog to the dog warden or poundkeeper may | 8053 |
specify in writing that the dog shall not be offered to a | 8054 |
nonprofit teaching or research institution or organization, as | 8055 |
provided in this section. | 8056 |
(E) A record of all dogs impounded, the disposition of the | 8057 |
same, the owner's name and address, if known, and a statement of | 8058 |
costs assessed against the dogs shall be kept by the poundkeeper, | 8059 |
and | 8060 |
county treasurer quarterly. | 8061 |
A record of all dogs received and the source that supplied | 8062 |
them shall be kept, for a period of three years from the date of | 8063 |
acquiring the dogs, by all institutions or organizations engaged | 8064 |
in teaching or research concerning the prevention and treatment of | 8065 |
diseases of human beings or animals. | 8066 |
(F) No person shall destroy any dog by the use of a high | 8067 |
altitude decompression chamber or by any method other than a | 8068 |
method that immediately and painlessly renders the dog initially | 8069 |
unconscious and subsequently dead. | 8070 |
Sec. 955.43. (A) When either a blind, deaf or hearing | 8071 |
impaired, or mobility impaired person or a trainer of an | 8072 |
assistance dog is accompanied by | 8073 |
8074 | |
8075 | |
8076 | |
8077 | |
8078 | |
8079 | |
trainer, as applicable, is entitled to the full and equal | 8080 |
accommodations, advantages, facilities, and privileges of all | 8081 |
public conveyances, hotels, lodging places, all places of public | 8082 |
accommodation, amusement, or resort, all institutions of | 8083 |
education, and other places to which the general public is | 8084 |
invited, and may take the dog into such conveyances and places, | 8085 |
subject only to the conditions and limitations applicable to all | 8086 |
persons not so accompanied, except that: | 8087 |
(1) The dog shall not occupy a seat in any public conveyance. | 8088 |
(2) The dog shall be upon a leash while using the facilities | 8089 |
of a common carrier. | 8090 |
(3) Any dog in training to become | 8091 |
8092 | |
insurance policy provided by the nonprofit special agency engaged | 8093 |
in such work protecting members of the public against personal | 8094 |
injury or property damage caused by the dog. | 8095 |
(B) No person shall deprive a blind, deaf or hearing | 8096 |
impaired, or mobility impaired person or a trainer of an | 8097 |
assistance dog who is accompanied by an assistance dog of any of | 8098 |
the advantages, facilities, or privileges provided in division (A) | 8099 |
of this section, nor charge
the | 8100 |
person or trainer a fee or charge for the dog. | 8101 |
(C) As used in this section, "institutions of education" | 8102 |
means: | 8103 |
(1) Any state university or college as defined in section | 8104 |
3345.32 of the Revised Code; | 8105 |
(2) Any private college or university that holds a | 8106 |
certificate of authorization issued by the Ohio board of regents | 8107 |
pursuant to Chapter 1713. of the Revised Code; | 8108 |
(3) Any elementary or secondary school operated by a board of | 8109 |
education; | 8110 |
(4) Any chartered or nonchartered nonpublic elementary or | 8111 |
secondary school; | 8112 |
(5) Any school issued a certificate of registration by the | 8113 |
state board of career colleges and schools. | 8114 |
Sec. 1309.102. (A) As used in this chapter, unless the | 8115 |
context requires otherwise: | 8116 |
(1) "Accession" means goods that are physically united with | 8117 |
other goods in such a manner that the identity of the original | 8118 |
goods is not lost. | 8119 |
(2)(a) "Account," except as used in "account for," means a | 8120 |
right to payment of a monetary obligation, whether or not earned | 8121 |
by performance, (i) for property that has been or is to be sold, | 8122 |
leased, licensed, assigned, or otherwise disposed of, (ii) for | 8123 |
services rendered or to be rendered, (iii) for a policy of | 8124 |
insurance issued or to be issued, (iv) for a secondary obligation | 8125 |
incurred or to be incurred, (v) for energy provided or to be | 8126 |
provided, (vi) for the use or hire of a vessel under a charter or | 8127 |
other contract, (vii) arising out of the use of a credit or charge | 8128 |
card or information contained on or for use with the card, or | 8129 |
(viii) as winnings in a lottery or other game of chance operated | 8130 |
or sponsored by a state, governmental unit of a state, or person | 8131 |
licensed or authorized to operate the game by a state or | 8132 |
governmental unit of a state. | 8133 |
(b) "Account" includes health-care insurance receivables. | 8134 |
(c) "Account" does not include (i) rights to payment | 8135 |
evidenced by chattel paper or an instrument, (ii) commercial tort | 8136 |
claims, (iii) deposit accounts, (iv) investment property, (v) | 8137 |
letter-of-credit rights or letters of credit, or (vi) rights to | 8138 |
payment for money or funds advanced or sold, other than rights | 8139 |
arising out of the use of a credit or charge card or information | 8140 |
contained on or for use with the card. | 8141 |
(3) "Account debtor" means a person who is obligated on an | 8142 |
account, chattel paper, or general intangible. "Account debtor" | 8143 |
does not include a person who is obligated to pay a negotiable | 8144 |
instrument, even if the instrument constitutes part of chattel | 8145 |
paper. | 8146 |
(4) "Accounting," except as used in "accounting for," means a | 8147 |
record: | 8148 |
(a) Authenticated by a secured party; | 8149 |
(b) Indicating the aggregate unpaid secured obligations as of | 8150 |
a date not more than thirty-five days earlier or thirty-five days | 8151 |
later than the date of the record; and | 8152 |
(c) Identifying the components of the obligations in | 8153 |
reasonable detail. | 8154 |
(5) "Agricultural lien" means an interest, other than a | 8155 |
security interest, in farm products: | 8156 |
(a) That secures payment or performance of an obligation for: | 8157 |
(i) Goods or services furnished in connection with a debtor's | 8158 |
farming operation; or | 8159 |
(ii) Rent on real property leased by a debtor in connection | 8160 |
with its farming operation. | 8161 |
(b) That is created by statute in favor of a person who: | 8162 |
(i) In the ordinary course of business, furnished goods or | 8163 |
services to a debtor in connection with the debtor's farming | 8164 |
operation; or | 8165 |
(ii) Leased real property to a debtor in connection with the | 8166 |
debtor's farming operation; and | 8167 |
(c) Whose effectiveness does not depend on the person's | 8168 |
possession of the personal property. | 8169 |
(6) "As-extracted collateral" means: | 8170 |
(a) Oil, gas, or other minerals that are subject to a | 8171 |
security interest that: | 8172 |
(i) Is created by a debtor having an interest in the minerals | 8173 |
before extraction; and | 8174 |
(ii) Attaches to the minerals as extracted; or | 8175 |
(b) Accounts arising out of the sale at the wellhead or | 8176 |
minehead of oil, gas, or other minerals in which the debtor had an | 8177 |
interest before extraction. | 8178 |
(7) "Authenticate" means: | 8179 |
(a) To sign; or | 8180 |
(b) To execute or otherwise adopt a symbol, or encrypt or | 8181 |
similarly process a record in whole or in part, with the present | 8182 |
intent of the authenticating person to identify the person and | 8183 |
adopt or accept a record. | 8184 |
(8) "Bank" means an organization that is engaged in the | 8185 |
business of banking. "Bank" includes savings banks, savings and | 8186 |
loan associations, credit unions, and trust companies. | 8187 |
(9) "Cash proceeds" means proceeds that are money, checks, | 8188 |
deposit accounts, or the like. | 8189 |
(10) "Certificate of title" means a certificate of title with | 8190 |
respect to which a statute provides for the security interest in | 8191 |
question to be indicated on the certificate as a condition or | 8192 |
result of the security interest's obtaining priority over the | 8193 |
rights of a lien creditor with respect to the collateral. | 8194 |
(11)(a) "Chattel paper" means a record that evidences both a | 8195 |
monetary obligation and a security interest in specific goods, a | 8196 |
security interest in specific goods and software used in the | 8197 |
goods, a security interest in specific goods and license of | 8198 |
software used in the goods, a lease of specific goods, or a lease | 8199 |
of specific goods and license of software used in the goods. | 8200 |
As used in division (A)(11)(a) of this section, "monetary | 8201 |
obligation" means a monetary obligation secured by the goods or | 8202 |
owed under a lease of the goods and includes a monetary obligation | 8203 |
with respect to software used in the goods. | 8204 |
(b) If a transaction is evidenced by records that include an | 8205 |
instrument or series of instruments, the group of records taken | 8206 |
together constitutes chattel paper. | 8207 |
(c) "Chattel paper" does not include (i) charters or other | 8208 |
contracts involving the use or hire of a vessel or (ii) records | 8209 |
that evidence a right to payment arising out of the use of a | 8210 |
credit or charge card or information contained on or for use with | 8211 |
the card. | 8212 |
(12) "Collateral" means the property subject to a security | 8213 |
interest or agricultural lien, including: | 8214 |
(a) Proceeds to which a security interest attaches; | 8215 |
(b) Accounts, chattel paper, payment intangibles, and | 8216 |
promissory notes that have been sold; and | 8217 |
(c) Goods that are the subject of a consignment. | 8218 |
(13) "Commercial tort claim" means a claim arising in tort | 8219 |
with respect to which: | 8220 |
(a) The claimant is an organization; or | 8221 |
(b) The claimant is an individual, and the claim: | 8222 |
(i) Arose in the course of the claimant's business or | 8223 |
profession; and | 8224 |
(ii) Does not include damages arising out of personal injury | 8225 |
to or the death of an individual. | 8226 |
(14) "Commodity account" means an account maintained by a | 8227 |
commodity intermediary in which a commodity contract is carried | 8228 |
for a commodity customer. | 8229 |
(15) "Commodity contract" means a commodity futures contract, | 8230 |
an option on a commodity futures contract, a commodity option, or | 8231 |
another contract if the contract or option is: | 8232 |
(a) Traded on or subject to the rules of a board of trade | 8233 |
that has been designated as a contract market for such a contract | 8234 |
pursuant to the federal commodities laws; or | 8235 |
(b) Traded on a foreign commodity board of trade, exchange, | 8236 |
or market and is carried on the books of a commodity intermediary | 8237 |
for a commodity customer. | 8238 |
(16) "Commodity customer" means a person for whom a commodity | 8239 |
intermediary carries a commodity contract on its books. | 8240 |
(17) "Commodity intermediary" means a person that: | 8241 |
(a) Is registered as a futures commission merchant under the | 8242 |
federal commodities laws; or | 8243 |
(b) In the ordinary course of its business provides clearance | 8244 |
or settlement services for a board of trade that has been | 8245 |
designated as a contract market pursuant to the federal | 8246 |
commodities laws. | 8247 |
(18) "Communicate" means: | 8248 |
(a) To send a written or other tangible record; | 8249 |
(b) To transmit a record by any means agreed upon by the | 8250 |
persons sending and receiving the record; or | 8251 |
(c) In the case of transmission of a record to or by a filing | 8252 |
office, to transmit a record by any means prescribed by | 8253 |
filing-office rule. | 8254 |
(19) "Consignee" means a merchant to whom goods are delivered | 8255 |
in a consignment. | 8256 |
(20) "Consignment" means a transaction, regardless of its | 8257 |
form, in which a person delivers goods to a merchant for the | 8258 |
purpose of sale and: | 8259 |
(a) The merchant: | 8260 |
(i) Deals in goods of that kind under a name other than the | 8261 |
name of the person making delivery; | 8262 |
(ii) Is not an auctioneer; and | 8263 |
(iii) Is not generally known by its creditors to be | 8264 |
substantially engaged in selling the goods of others; | 8265 |
(b) With respect to each delivery, the aggregate value of the | 8266 |
goods is one thousand dollars or more at the time of delivery. | 8267 |
(c) The goods are not consumer goods immediately before | 8268 |
delivery; and | 8269 |
(d) The transaction does not create a security interest that | 8270 |
secures an obligation. | 8271 |
(21) "Consignor" means a person that delivers goods to a | 8272 |
consignee in a consignment. | 8273 |
(22) "Consumer debtor" means a debtor in a consumer | 8274 |
transaction. | 8275 |
(23) "Consumer goods" means goods that are used or bought for | 8276 |
use primarily for personal, family, or household purposes. | 8277 |
(24) "Consumer-goods transaction" means a consumer | 8278 |
transaction in which: | 8279 |
(a) An individual incurs an obligation primarily for | 8280 |
personal, family, or household purposes; and | 8281 |
(b) A security interest in consumer goods secures the | 8282 |
obligation. | 8283 |
(25) "Consumer obligor" means an obligor who is an individual | 8284 |
and who incurred the obligation as part of a transaction entered | 8285 |
into primarily for personal, family, or household purposes. | 8286 |
(26) "Consumer transaction" means a transaction in which: (a) | 8287 |
an individual incurs an obligation primarily for personal, family, | 8288 |
or household purposes, (b) a security interest secures the | 8289 |
obligation, and (c) the collateral is held or acquired primarily | 8290 |
for personal, family, or household purposes. "Consumer | 8291 |
transaction" includes consumer-goods transactions. | 8292 |
(27) "Continuation statement" means an amendment of a | 8293 |
financing statement that: | 8294 |
(a) Identifies, by its file number, the initial financing | 8295 |
statement to which it relates; and | 8296 |
(b) Indicates that it is a continuation statement for, or | 8297 |
that it is filed to continue the effectiveness of, the identified | 8298 |
financing statement. | 8299 |
(28) "Debtor" means: | 8300 |
(a) A person having an interest, other than a security | 8301 |
interest or other lien, in the collateral, whether or not the | 8302 |
person is an obligor; | 8303 |
(b) A seller of accounts, chattel paper, payment intangibles, | 8304 |
or promissory notes; or | 8305 |
(c) A consignee. | 8306 |
(29) "Deposit account" means a demand, time, savings, | 8307 |
passbook, or similar account maintained with a bank but does not | 8308 |
include investment property or accounts evidenced by an | 8309 |
instrument. | 8310 |
(30) "Document" means a document of title or a receipt of the | 8311 |
type described in division (B) of section 1307.06 of the Revised | 8312 |
Code. | 8313 |
(31) "Electronic chattel paper" means chattel paper evidenced | 8314 |
by a record consisting of information stored in an electronic | 8315 |
medium. | 8316 |
(32) "Encumbrance" means a right, other than an ownership | 8317 |
interest, in real property. "Encumbrance" includes mortgages and | 8318 |
other liens on real property. | 8319 |
(33) "Equipment" means goods other than inventory, farm | 8320 |
products, or consumer goods. | 8321 |
(34) "Farm products" means goods, other than standing timber, | 8322 |
with respect to which the debtor is engaged in a farming operation | 8323 |
and that are: | 8324 |
(a) Crops grown, growing, or to be grown, including: | 8325 |
(i) Crops produced on trees, vines, and bushes; and | 8326 |
(ii) Aquatic goods produced in aquacultural operations; | 8327 |
(b) Livestock, born or unborn, including aquatic goods | 8328 |
produced in aquacultural operations; | 8329 |
(c) Supplies used or produced in a farming operation; or | 8330 |
(d) Products of crops or livestock in their unmanufactured | 8331 |
states. | 8332 |
(35) "Farming operation" means raising, cultivating, | 8333 |
propagating, fattening, grazing, or any other farming, livestock, | 8334 |
or aquacultural operation. | 8335 |
(36) "File number" means the number assigned to an initial | 8336 |
financing statement under division (A) of section 1309.519 of the | 8337 |
Revised Code. | 8338 |
(37) "Filing office" means an office designated in section | 8339 |
1309.501 of the Revised Code as the place to file a financing | 8340 |
statement. | 8341 |
(38) "Filing-office rule" means a rule adopted under section | 8342 |
1309.526 of the Revised Code. | 8343 |
(39) "Financing statement" means a record composed of an | 8344 |
initial financing statement and any filed record or records | 8345 |
relating to the initial financing statement. For the purposes of | 8346 |
this chapter, financing statements filed for recording with the | 8347 |
secretary of state shall not be required to include social | 8348 |
security or employer identification numbers. | 8349 |
(40) "Fixture filing" means the filing of a financing | 8350 |
statement covering goods that are or are to become fixtures and | 8351 |
satisfying divisions (A) and (B) of section 1309.502 of the | 8352 |
Revised Code. "Fixture filing" includes the filing of a financing | 8353 |
statement covering goods of a transmitting utility that are or are | 8354 |
to become fixtures. | 8355 |
(41) "Fixtures" means goods that have become so related to | 8356 |
particular real property that an interest in them arises under | 8357 |
real property law. | 8358 |
(42) "General intangible" means any personal property, | 8359 |
including things in action, other than accounts, chattel paper, | 8360 |
commercial tort claims, deposit accounts, documents, goods, | 8361 |
instruments, investment property, letter-of-credit rights, letters | 8362 |
of credit, money, and oil, gas, or other minerals before | 8363 |
extraction. "General intangible" includes payment intangibles and | 8364 |
software. | 8365 |
(43) "Good faith" means honesty in fact and the observance of | 8366 |
reasonable commercial standards of fair dealing. | 8367 |
(44)(a) "Goods" means all things that are movable when a | 8368 |
security interest attaches. "Goods" includes (i) fixtures, (ii) | 8369 |
standing timber that is to be cut and removed under a conveyance | 8370 |
or contract for sale, (iii) the unborn young of animals, (iv) | 8371 |
crops grown, growing, or to be grown, even if the crops are | 8372 |
produced on trees, vines, or bushes, and (v) manufactured homes. | 8373 |
(b) "Goods" also includes a computer program embedded in | 8374 |
goods and any supporting information provided in connection with a | 8375 |
transaction relating to the program if (i) the program is | 8376 |
associated with the goods in such a manner that it customarily is | 8377 |
considered part of the goods, or (ii) by becoming the owner of the | 8378 |
goods, a person acquires a right to use the program in connection | 8379 |
with the goods. | 8380 |
(c) "Goods" does not include a computer program embedded in | 8381 |
goods that consist solely of the medium in which the program is | 8382 |
embedded. "Goods" does not include accounts, chattel paper, | 8383 |
commercial tort claims, deposit accounts, documents, general | 8384 |
intangibles, instruments, investment property, letter-of-credit | 8385 |
rights, letters of credit, money, or oil, gas, or other minerals | 8386 |
before extraction. | 8387 |
(45) "Governmental unit" means a subdivision, agency, | 8388 |
department, county, parish, municipal corporation, or other unit | 8389 |
of the government of the United States, a state, or a foreign | 8390 |
country. "Governmental unit" includes an organization having a | 8391 |
separate corporate existence if the organization is eligible to | 8392 |
issue debt on which interest is exempt from income taxation under | 8393 |
the laws of the United States. | 8394 |
(46) "Health-care-insurance receivable" means an interest in | 8395 |
or claim under a policy of insurance that is a right to payment of | 8396 |
a monetary obligation for health-care goods or services provided. | 8397 |
(47)(a) "Instrument" means a negotiable instrument or any | 8398 |
other writing that evidences a right to the payment of a monetary | 8399 |
obligation, is not itself a security agreement or lease, and is of | 8400 |
a type that in ordinary course of business is transferred by | 8401 |
delivery with any necessary indorsement or assignment. | 8402 |
(b) "Instrument" does not include (i) investment property, | 8403 |
(ii) letters of credit, or (iii) writings that evidence a right to | 8404 |
payment arising out of the use of a credit or charge card or | 8405 |
information contained on or for use with the card. | 8406 |
(48) "Inventory" means goods, other than farm products, that: | 8407 |
(a) Are leased by a person as lessor; | 8408 |
(b) Are held by a person for sale or lease or to be furnished | 8409 |
under a contract of service; | 8410 |
(c) Are furnished by a person under a contract of service; or | 8411 |
(d) Consist of raw materials, work in process, or materials | 8412 |
used or consumed in a business. | 8413 |
(49) "Investment property" means a security, whether | 8414 |
certificated or uncertificated, a security entitlement, a | 8415 |
securities account, a commodity contract, or a commodity account. | 8416 |
(50) "Jurisdiction of organization," with respect to a | 8417 |
registered organization, means the jurisdiction under whose law | 8418 |
the organization is organized. | 8419 |
(51) "Letter-of-credit right" means a right to payment or | 8420 |
performance under a letter of credit, whether or not the | 8421 |
beneficiary has demanded or is at the time entitled to demand | 8422 |
payment or performance. "Letter-of-credit right" does not include | 8423 |
the right of a beneficiary to demand payment or performance under | 8424 |
a letter of credit. | 8425 |
(52) "Lien creditor" means: | 8426 |
(a) A creditor who has acquired a lien on the property | 8427 |
involved by attachment, levy or the like; | 8428 |
(b) An assignee for benefit of creditors from the time of | 8429 |
assignment; | 8430 |
(c) A trustee in bankruptcy from the date of the filing of | 8431 |
the petition; or | 8432 |
(d) A receiver in equity from the time of appointment. | 8433 |
(53) "Manufactured home" means a structure, transportable in | 8434 |
one or more sections, that, in the traveling mode, is eight body | 8435 |
feet or more in width or forty body feet or more in length, or, | 8436 |
when erected on site, is three hundred twenty or more square feet, | 8437 |
and that is built on a permanent chassis and designed to be used | 8438 |
as a dwelling with or without a permanent foundation when | 8439 |
connected to the required utilities, and includes the plumbing, | 8440 |
heating, air conditioning, and electrical systems contained in the | 8441 |
structure. "Manufactured home" includes any structure that meets | 8442 |
all of the requirements of this paragraph except the size | 8443 |
requirements and with respect to which the manufacturer | 8444 |
voluntarily files a certification required by the United States | 8445 |
secretary of housing and urban development and complies with the | 8446 |
standards established under Title 42 of the United States Code. | 8447 |
(54) "Manufactured-home transaction" means a secured | 8448 |
transaction: | 8449 |
(a) That creates a purchase-money security interest in a | 8450 |
manufactured home, other than a manufactured home held as | 8451 |
inventory; or | 8452 |
(b) In which a manufactured home, other than a manufactured | 8453 |
home held as inventory, is the primary collateral. | 8454 |
(55) "Mortgage" means a consensual interest in real property, | 8455 |
including fixtures, that secures payment or performance of an | 8456 |
obligation. | 8457 |
(56) "New debtor" means a person that becomes bound as debtor | 8458 |
under division (D) of section 1309.203 of the Revised Code by a | 8459 |
security agreement previously entered into by another person. | 8460 |
(57)(a) "New value" means (i) money, (ii) money's worth in | 8461 |
property, services, or new credit, or (iii) release by a | 8462 |
transferee of an interest in property previously transferred to | 8463 |
the transferee. | 8464 |
(b) "New value" does not include an obligation substituted | 8465 |
for another obligation. | 8466 |
(58) "Noncash proceeds" means proceeds other than cash | 8467 |
proceeds. | 8468 |
(59)(a) "Obligor" means a person who, with respect to an | 8469 |
obligation secured by a security interest in or an agricultural | 8470 |
lien on the collateral, (i) owes payment or other performance of | 8471 |
the obligation, (ii) has provided property other than the | 8472 |
collateral to secure payment or other performance of the | 8473 |
obligation, or (iii) is otherwise accountable in whole or in part | 8474 |
for payment or other performance of the obligation. | 8475 |
(b) "Obligor" does not include issuers or nominated persons | 8476 |
under a letter of credit. | 8477 |
(60) "Original debtor," except as used in division (C) of | 8478 |
section 1309.310 of the Revised Code, means a person who, as | 8479 |
debtor, entered into a security agreement to which a new debtor | 8480 |
has become bound under division (D) of section 1309.203 of the | 8481 |
Revised Code. | 8482 |
(61) "Payment intangible" means a general intangible under | 8483 |
which the account debtor's principal obligation is a monetary | 8484 |
obligation. | 8485 |
(62) "Person related to," with respect to an individual, | 8486 |
means: | 8487 |
(a) The spouse of the individual; | 8488 |
(b) A brother, brother-in-law, sister, or sister-in-law of | 8489 |
the individual; | 8490 |
(c) An ancestor or lineal descendant of the individual or the | 8491 |
individual's spouse; or | 8492 |
(d) Any other relative, by blood or marriage, of the | 8493 |
individual or the individual's spouse who shares the same home | 8494 |
with the individual. | 8495 |
(63) "Person related to," with respect to an organization, | 8496 |
means: | 8497 |
(a) A person directly or indirectly controlling, controlled | 8498 |
by, or under common control with the organization; | 8499 |
(b) An officer or director of, or a person performing similar | 8500 |
functions with respect to, the organization; | 8501 |
(c) An officer or director of, or a person performing similar | 8502 |
functions with respect to, a person described in division | 8503 |
(A)(63)(a) of this section; | 8504 |
(d) The spouse of an individual described in division | 8505 |
(A)(63)(a), (b), or (c) of this section; or | 8506 |
(e) An individual who is related by blood or marriage to an | 8507 |
individual described in division (A)(63)(a), (b), (c), or (d) of | 8508 |
this section and shares the same home with the individual. | 8509 |
(64) "Proceeds," except as used in division (B) of section | 8510 |
1309.609 of the Revised Code, means the following property: | 8511 |
(a) Whatever is acquired upon the sale, lease, license, | 8512 |
exchange, or other disposition of collateral; | 8513 |
(b) Whatever is collected on, or distributed on account of, | 8514 |
collateral; | 8515 |
(c) Rights arising out of collateral; | 8516 |
(d) To the extent of the value of collateral, claims arising | 8517 |
out of the loss, nonconformity, or interference with the use of, | 8518 |
defects or infringement of rights in, or damage to the collateral; | 8519 |
or | 8520 |
(e) To the extent of the value of collateral and to the | 8521 |
extent payable to the debtor or the secured party, insurance | 8522 |
payable by reason of the loss or nonconformity of, defects or | 8523 |
infringement of rights in, or damage to the collateral. | 8524 |
(65) "Promissory note" means an instrument that evidences a | 8525 |
promise to pay a monetary obligation, does not evidence an order | 8526 |
to pay, and does not contain an acknowledgment by a bank that the | 8527 |
bank has received for deposit a sum of money or funds. | 8528 |
(66) "Proposal" means a record authenticated by a secured | 8529 |
party that includes the terms on which the secured party is | 8530 |
willing to accept collateral in full or partial satisfaction of | 8531 |
the obligation it secures pursuant to sections 1309.620, 1309.621, | 8532 |
and 1309.622 of the Revised Code. | 8533 |
(67) "Public-finance transaction" means a secured transaction | 8534 |
in connection with which: | 8535 |
(a) Debt securities are issued; | 8536 |
(b) All or a portion of the securities issued have an initial | 8537 |
stated maturity of at least twenty years; and | 8538 |
(c) The debtor, obligor, secured party, account debtor or | 8539 |
other person obligated on collateral, assignor or assignee of a | 8540 |
secured obligation, or assignor or assignee of a security interest | 8541 |
is a state or a governmental unit of a state. | 8542 |
(68) "Pursuant to commitment," with respect to an advance | 8543 |
made or other value given by a secured party, means pursuant to | 8544 |
the secured party's obligation, whether or not a subsequent event | 8545 |
of default or other event not within the secured party's control | 8546 |
has relieved or may relieve the secured party from its obligation. | 8547 |
(69) "Record," except as used in "for record," "of record," | 8548 |
"record or legal title," and "record owner," means information | 8549 |
that is inscribed on a tangible medium or that is stored in an | 8550 |
electronic or other medium and is retrievable in perceivable form. | 8551 |
(70) "Registered organization" means an organization | 8552 |
organized solely under the law of a single state or the United | 8553 |
States and as to which the state or the United States must | 8554 |
maintain a public record showing the organization to have been | 8555 |
organized. | 8556 |
(71) "Secondary obligor" means an obligor to the extent that: | 8557 |
(a) The obligor's obligation is secondary; or | 8558 |
(b) The obligor has a right of recourse with respect to an | 8559 |
obligation secured by collateral against the debtor, another | 8560 |
obligor, or property of either. | 8561 |
(72) "Secured party" means: | 8562 |
(a) A person in whose favor a security interest is created or | 8563 |
provided for under a security agreement, whether or not any | 8564 |
obligation to be secured is outstanding; | 8565 |
(b) A person that holds an agricultural lien; | 8566 |
(c) A consignor; | 8567 |
(d) A person to whom accounts, chattel paper, payment | 8568 |
intangibles, or promissory notes have been sold; | 8569 |
(e) A trustee, indenture trustee, agent, collateral agent, or | 8570 |
other representative in whose favor a security interest or | 8571 |
agricultural lien is created or provided for; or | 8572 |
(f) A person who holds a security interest arising under | 8573 |
section 1302.42, 1302.49, 1302.85, 1304.20, 1305.18, or 1310.54 of | 8574 |
the Revised Code. | 8575 |
(73) "Security agreement" means an agreement that creates or | 8576 |
provides for a security interest. | 8577 |
(74) "Send," in connection with a record or notification, | 8578 |
means: | 8579 |
(a) To deposit in the mail, deliver for transmission, or | 8580 |
transmit by any other usual means of communication, with postage | 8581 |
or cost of transmission provided for, addressed to any address | 8582 |
reasonable under the circumstances; or | 8583 |
(b) To cause the record or notification to be received within | 8584 |
the time that it would have been received if properly sent under | 8585 |
division (A)(74)(a) of this section. | 8586 |
(75) "Software" means a computer program and any supporting | 8587 |
information provided in connection with a transaction relating to | 8588 |
the program. "Software" does not include a computer program that | 8589 |
is included in the definition of goods. | 8590 |
(76) "State" means a state of the United States, the District | 8591 |
of Columbia, Puerto Rico, the United States Virgin Islands, or any | 8592 |
territory or insular possession subject to the jurisdiction of the | 8593 |
United States. | 8594 |
(77) "Supporting obligation" means a letter-of-credit right | 8595 |
or secondary obligation that supports the payment or performance | 8596 |
of an account, chattel paper, a document, a general intangible, an | 8597 |
instrument, or investment property. | 8598 |
(78) "Tangible chattel paper" means chattel paper evidenced | 8599 |
by a record consisting of information that is inscribed on a | 8600 |
tangible medium. | 8601 |
(79) "Termination statement" means an amendment of a | 8602 |
financing statement that: | 8603 |
(a) Identifies, by its file number, the initial financing | 8604 |
statement to which it relates; and | 8605 |
(b) Indicates either that it is a termination statement or | 8606 |
that the identified financing statement is no longer effective. | 8607 |
(80) "Transmitting utility" means a person primarily engaged | 8608 |
in the business of: | 8609 |
(a) Operating a railroad, subway, street railway, or trolley | 8610 |
bus; | 8611 |
(b) Transmitting communications electrically, | 8612 |
electromagnetically, or by light; | 8613 |
(c) Transmitting goods by pipeline or sewer; or | 8614 |
(d) Transmitting or producing and transmitting electricity, | 8615 |
steam, gas, or water. | 8616 |
(B) Other definitions applying to this chapter are: | 8617 |
(1) "Applicant" has the same meaning as in section 1305.01 of | 8618 |
the Revised Code. | 8619 |
(2) "Beneficiary" has the same meaning as in section 1305.01 | 8620 |
of the Revised Code. | 8621 |
(3) "Broker" has the same meaning as in section 1308.01 of | 8622 |
the Revised Code. | 8623 |
(4) "Certificated security" has the same meaning as in | 8624 |
section 1308.01 of the Revised Code. | 8625 |
(5) "Check" has the same meaning as in section 1303.03 of the | 8626 |
Revised Code. | 8627 |
(6) "Clearing corporation" has the same meaning as in section | 8628 |
1308.01 of the Revised Code. | 8629 |
(7) "Contract for sale" has the same meaning as in section | 8630 |
1302.01 of the Revised Code. | 8631 |
(8) "Customer" has the same meaning as in section 1304.01 of | 8632 |
the Revised Code. | 8633 |
(9) "Entitlement holder" has the same meaning as in section | 8634 |
1308.01 of the Revised Code. | 8635 |
(10) "Financial asset" has the same meaning as in section | 8636 |
1308.01 of the Revised Code. | 8637 |
(11) "Holder in due course" has the same meaning as in | 8638 |
section 1303.32 of the Revised Code. | 8639 |
(12) "Issuer," with respect to a letter of credit or | 8640 |
letter-of-credit right, has the same meaning as in section 1305.01 | 8641 |
of the Revised Code. | 8642 |
(13) "Issuer," with respect to a security, has the same | 8643 |
meaning as in section 1308.08 of the Revised Code. | 8644 |
(14) "Lease," "lease agreement," "lease contract," "leasehold | 8645 |
interest," "lessee," "lessee in ordinary course of business," | 8646 |
"lessor," and "lessor's residual interest" have the same meanings | 8647 |
as in section 1310.01 of the Revised Code. | 8648 |
(15) "Letter of credit" has the same meaning as in section | 8649 |
1305.01 of the Revised Code. | 8650 |
(16) "Merchant" has the same meaning as in section 1302.01 of | 8651 |
the Revised Code. | 8652 |
(17) "Negotiable instrument" has the same meaning as in | 8653 |
section 1303.03 of the Revised Code. | 8654 |
(18) "Nominated person" has the same meaning as in section | 8655 |
1305.01 of the Revised Code. | 8656 |
(19) "Note" has the same meaning as in section 1303.03 of the | 8657 |
Revised Code. | 8658 |
(20) "Proceeds of a letter of credit" has the same meaning as | 8659 |
in section 1305.13 of the Revised Code. | 8660 |
(21) "Prove" has the same meaning as in section 1303.01 of | 8661 |
the Revised Code. | 8662 |
(22) "Sale" has the same meaning as in division (A)(11) of | 8663 |
section 1302.01 of the Revised Code. | 8664 |
(23) "Securities account" has the same meaning as in section | 8665 |
1308.51 of the Revised Code. | 8666 |
(24) "Securities intermediary," "security," "security | 8667 |
certificate," "security entitlement," and "uncertificated | 8668 |
security" have the same meanings as in section 1308.01 of the | 8669 |
Revised Code. | 8670 |
(C) The terms and principles of construction and | 8671 |
interpretations set forth in sections 1301.01 to 1301.14 of the | 8672 |
Revised Code are applicable to this chapter. | 8673 |
Sec. 1309.520. (A) A filing office shall refuse to accept a | 8674 |
record for filing for a reason specified in division (B) of | 8675 |
section 1309.516 of the Revised Code and may refuse to accept a | 8676 |
record for filing only for a reason specified in that division. | 8677 |
However, the secretary of state's office shall redact social | 8678 |
security and employer identification numbers from filings posted | 8679 |
on its web site. | 8680 |
(B) If a filing office refuses to accept a record for filing, | 8681 |
it shall communicate to the person who presented the record the | 8682 |
fact of and reason for the refusal and the date and time the | 8683 |
record would have been filed had the filing office accepted it. | 8684 |
The communication must be made at the time and in the manner | 8685 |
prescribed by the applicable filing-office rule but, in the case | 8686 |
of a filing office described in division (A)(2) of section | 8687 |
1309.501 of the Revised Code, in no event more than two business | 8688 |
days after the filing office receives the record. | 8689 |
(C) A filed financing statement that satisfies divisions (A) | 8690 |
and (B) of section 1309.502 of the Revised Code is effective, even | 8691 |
if the filing office is required to refuse to accept it for filing | 8692 |
under division (A) of this section. However, section 1309.338 of | 8693 |
the Revised Code applies to a filed financing statement that | 8694 |
provides information described in division (B)(5) of section | 8695 |
1309.516 of the Revised Code that is incorrect at the time the | 8696 |
financing statement is filed. | 8697 |
(D) If a record communicated to a filing office provides | 8698 |
information that relates to more than one debtor, sections | 8699 |
1309.501 to 1309.527 of the Revised Code apply as to each debtor | 8700 |
separately. | 8701 |
Sec. 1309.521. (A) A filing office that accepts written | 8702 |
records may not refuse to accept a written initial financing | 8703 |
statement in the following form and format except for a reason | 8704 |
prescribed in division (B) of section 1309.516 of the Revised | 8705 |
Code: | 8706 |
8707 |
8708 |
A. Name and phone of contact at filer (optional) | 8709 | |||
................................................................. | 8710 | |||
B. Send acknowledgment to: (name and address) | 8711 | |||
.................................. | 8712 | |||
.................................. | 8713 | |||
.................................. | The above space is for filing office use only. | 8714 | ||
1. DEBTOR'S EXACT FULL LEGAL NAME | 8715 | |||
(Insert only one debtor name [1a or 1b]. Do not abbreviate or | 8716 | |||
combine names.) | 8717 | |||
1a. Organization's name ......................................... | 8718 | |||
or | 8719 | |||
1b. Individual's last name ............. First name ............. | 8720 | |||
Middle name ........................... Suffix .................. | 8721 | |||
1c. Mailing address ............................................. | 8722 | |||
City .......... State ....... Postal code ...... Country ........ | 8723 | |||
8724 | ||||
Additional information regarding organization debtor | 8725 | |||
8726 | ||||
8727 | ||||
2. ADDITIONAL DEBTOR'S EXACT FULL LEGAL NAME | 8728 | |||
(Insert only one debtor name [2a or 2b]. Do not abbreviate or | 8729 | |||
combine names.) | 8730 | |||
2a. Organization's name ......................................... | 8731 | |||
or | 8732 | |||
2b. Individual's last name ............. First name ............. | 8733 | |||
Middle name ........................... Suffix .................. | 8734 | |||
2c. Mailing address ............................................. | 8735 | |||
City .......... State ....... Postal code ...... Country ........ | 8736 | |||
8737 | ||||
Additional information regarding organization debtor | 8738 | |||
8739 | ||||
8740 | ||||
3. SECURED PARTY'S NAME (or name of total assignee of assignor | 8741 | |||
S/P). Insert only one secured party name (3a or 3b). | 8742 | |||
3a. Organization's name ......................................... | 8743 | |||
or | 8744 | |||
3b. Individual's last name ............. First name ............. | 8745 | |||
Middle name ........................... Suffix .................. | 8746 | |||
3c. Mailing address ............................................. | 8747 | |||
City .......... State ....... Postal code ...... Country ........ | 8748 | |||
4. This FINANCING STATEMENT covers the following collateral: | 8749 | |||
................................................................. | 8750 | |||
................................................................. | 8751 | |||
................................................................. | 8752 | |||
................................................................. | 8753 | |||
5. ALTERNATIVE DESIGNATION (if applicable): | 8754 | |||
[ ] Lessee/lessor [ ] Consignee/consignor [ ] Bailee/bailor | 8755 | |||
[ ] Seller/buyer [ ] Ag. lien [ ] Non-UCC filing | 8756 | |||
6. [ ] This FINANCING STATEMENT is to be filed [for record] (or | 8757 | |||
recorded) in the REAL ESTATE RECORDS. Attach addendum .......... | 8758 | |||
[if applicable]. | 8759 | |||
7. Check to REQUEST SEARCH REPORT(S) on debtor(s) | 8760 | |||
[ADDITIONAL FEE] .......... [optional] | 8761 | |||
[ ] All debtors [ ] Debtor 1 [ ] Debtor 2 | 8762 | |||
8. OPTIONAL FILER REFERENCE DATA | 8763 | |||
................................................................. | 8764 | |||
................................................................. | 8765 |
8766 |
8767 |
9. NAME OF FIRST DEBTOR (1a OR 1b) ON RELATED FINANCING STATEMENT | 8768 | ||||
9a. Organization's name ......................................... | 8769 | ||||
or | 8770 | ||||
9b. Individual's last name ............. First name ............. | 8771 | ||||
Middle name ........................... Suffix .................. | 8772 | ||||
10. MISCELLANEOUS | 8773 | ||||
.................................. | 8774 | ||||
.................................. | 8775 | ||||
.................................. | The above space is for filing office use only. | 8776 | |||
11. ADDITIONAL DEBTOR'S EXACT FULL LEGAL NAME | 8777 | ||||
(Insert only one name [11a or 11b]. Do not abbreviate or combine | 8778 | ||||
names.) | 8779 | ||||
11a. Organization's name ........................................ | 8780 | ||||
or | 8781 | ||||
11b. Individual's last name ............. First name ............ | 8782 | ||||
Middle name ........................... Suffix .................. | 8783 | ||||
11c. Mailing address ............................................ | 8784 | ||||
City .......... State ....... Postal code ...... Country ........ | 8785 | ||||
8786 | |||||
Additional information regarding organization debtor | 8787 | ||||
8788 | |||||
8789 | |||||
12. [ ] ADDITIONAL SECURED PARTY'S or [ ] ASSIGNOR S/P'S NAME | 8790 | ||||
(Insert only one name [12a or 12b].) | 8791 | ||||
12a. Organization's name ........................................ | 8792 | ||||
or | 8793 | ||||
12b. Individual's last name ............. First name ............ | 8794 | ||||
Middle name ........................... Suffix .................. | 8795 | ||||
12c. Mailing address ............................................ | 8796 | ||||
City .......... State ....... Postal code ...... Country ........ | 8797 | ||||
13. This FINANCING STATEMENT covers [ ] timber to be cut or | 8798 | ||||
[ ] as-extracted collateral, or is filed as a [ ] fixture filing. | 8799 | ||||
14. DESCRIPTION OF REAL ESTATE: | 8800 | ||||
................................................................. | 8801 | ||||
................................................................. | 8802 | ||||
................................................................. | 8803 | ||||
................................................................. | 8804 | ||||
15. Name and address of a RECORD OWNER of above-described real | 8805 | ||||
estate (if debtor does not have a record interest): | 8806 | ||||
................................................................. | 8807 | ||||
................................................................. | 8808 | ||||
................................................................. | 8809 | ||||
16. Additional collateral description: | 8810 | ||||
................................................................. | 8811 | ||||
................................................................. | 8812 | ||||
................................................................. | 8813 | ||||
................................................................. | 8814 | ||||
17. Check only if applicable and check only one box. | 8815 | ||||
Debtor is a [ ] Trust or [ ] Trustee acting with respect to | 8816 | ||||
property held in trust or [ ] Decedent's estate | 8817 | ||||
18. Check only if applicable and check only one box. | 8818 | ||||
[ ] | Debtor is a transmitting utility | 8819 | |||
[ ] | Filed in connection with a manufactured-home transaction - | 8820 | |||
effective 30 years | 8821 | ||||
[ ] | Filed in connection with a public-finance transaction - | 8822 | |||
effective 30 years | 8823 |
(B) A filing office that accepts written records may not | 8824 |
refuse to accept a written record in the following form and format | 8825 |
except for a reason prescribed in division (B) of section 1309.516 | 8826 |
of the Revised Code: | 8827 |
8828 |
8829 |
A. Name and phone of contact at filer (optional) | 8830 | ||
................................................................ | 8831 | ||
B. Send acknowledgment to: (name and address) | 8832 | ||
.................................. | 8833 | ||
.................................. | 8834 | ||
.................................. | The above space is for filing office use only. | 8835 | |
1a. INITIAL FINANCING STATEMENT FILE NUMBER .................... | 8836 | ||
1b. [ ] This financing statement amendment is to be filed [for | 8837 | ||
record] (or recorded) in the real estate records. | 8838 | ||
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. | 8839 | ||
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. | 8840 | ||
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. | 8841 | ||
5. AMENDMENT (PARTY INFORMATION): This amendment affects [ ] Debtor | 8842 | ||
or [ ] Secured Party of record. Check only one of these two boxes. | 8843 |
Also check one of the following three boxes and provide appropriate information in items 6 and/or 7. | 8844 | ||
[ ] | 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. | 8845 | |
[ ] | DELETE name. Give record name to be deleted in item 6a or 6b. | 8846 | |
[ ] | ADD name. Complete item 7a or 7b, and also item 7c; also complete items 7d-7g (if applicable). | 8847 |
6. CURRENT RECORD INFORMATION: | 8848 | |
6a. Organization's name ......................................... | 8849 | |
or | 8850 | |
6b. Individual's last name .................. First name ........ | 8851 | |
Middle name ................................. Suffix ............ | 8852 | |
7. CHANGED (NEW) OR ADDED INFORMATION: | 8853 | |
7a. Organization's name ......................................... | 8854 | |
or | 8855 | |
7b. Individual's last name .................. First name ........ | 8856 | |
Middle name ................................. Suffix ............ | 8857 | |
7c. Mailing address ............................................. | 8858 | |
City ........ State ....... Postal code ....... Country ......... | 8859 | |
8860 | ||
Additional information regarding organization debtor | 8861 | |
8862 | ||
8863 | ||
8. AMENDMENT (COLLATERAL CHANGE). Check only one box. | 8864 | |
Describe collateral [ ] deleted or [ ] added, or give entire | 8865 | |
[ ] restated collateral description, or describe collateral | 8866 | |
[ ] assigned. | 8867 | |
................................................................. | 8868 | |
................................................................. | 8869 | |
................................................................. | 8870 | |
................................................................. | 8871 | |
9. NAME OF SECURED PARTY OF RECORD AUTHORIZING THIS AMENDMENT | 8872 | |
(name of assignor, if this is an assignment). If this is an | 8873 | |
amendment authorized by a debtor that adds collateral or adds | 8874 | |
the authorizing debtor, or if this is a termination authorized | 8875 | |
by a debtor, check here [ ] and enter name of debtor | 8876 | |
authorizing this amendment. | 8877 | |
9a. Organization's name ......................................... | 8878 | |
or | 8879 | |
9b. Individual's last name ................ First name .......... | 8880 | |
Middle name ............................... Suffix .............. | 8881 | |
10. OPTIONAL FILER REFERENCE DATA | 8882 | |
................................................................. | 8883 |
8884 |
8885 |
11. INITIAL FINANCING STATEMENT FILE NUMBER (same as item 1a | 8886 | ||
on amendment form) ............................................. | 8887 | ||
12. NAME OF PARTY AUTHORIZING | 8888 | ||
THIS AMENDMENT (same as item 9 | 8889 | ||
on amendment form) | 8890 | ||
12a. Organization's name | 8891 | ||
................................. | 8892 | ||
or | 8893 | ||
12b. Individual's last name | 8894 | ||
................................. | 8895 | ||
First name ...................... | 8896 | ||
Middle name .......... Suffix ... | The above space is for filing office use only. | 8897 | |
13. Use this space for additional information. | 8898 | ||
................................................................... | 8899 | ||
................................................................... | 8900 | ||
................................................................... | 8901 |
................................................................... | 8902 |
Sec. 1317.07. No retail installment contract authorized by | 8903 |
section 1317.03 of the Revised Code that is executed in connection | 8904 |
with any retail installment sale shall evidence any indebtedness | 8905 |
in excess of the time balance fixed in the written instrument in | 8906 |
compliance with section 1317.04 of the Revised Code, but it may | 8907 |
evidence in addition any agreements of the parties for the payment | 8908 |
of delinquent charges, as provided for in section 1317.06 of the | 8909 |
Revised Code, taxes, and any lawful fee actually paid out, or to | 8910 |
be paid out, by the retail seller to any public officer for | 8911 |
filing, recording, or releasing any instrument securing the | 8912 |
payment of the obligation owed on any retail installment contract. | 8913 |
No retail seller, directly or indirectly, shall charge, contract | 8914 |
for, or receive from any retail buyer, any further or other amount | 8915 |
for examination, service, brokerage, commission, expense, fee, or | 8916 |
other thing of value. A documentary service charge customarily and | 8917 |
presently being paid on May 9, 1949, in a particular business and | 8918 |
area may be charged if the
charge does not exceed | 8919 |
fifty dollars per sale. | 8920 |
No retail seller shall use multiple agreements with respect | 8921 |
to a single item or related items purchased at the same time, with | 8922 |
intent to obtain a higher charge than would otherwise be permitted | 8923 |
by Chapter 1317. of the Revised Code or to avoid disclosure of an | 8924 |
annual percentage rate, nor by use of such agreements make any | 8925 |
charge greater than that which would be permitted by Chapter 1317. | 8926 |
of the Revised Code had a single agreement been used. | 8927 |
Sec. 1321.02. No person shall engage in the business of | 8928 |
lending money, credit, or choses in action in amounts of five | 8929 |
thousand dollars or less, or exact, contract for, or receive, | 8930 |
directly or indirectly, on or in connection with any such loan, | 8931 |
any interest and charges that in the aggregate are greater than | 8932 |
the interest and charges that the lender would be permitted to | 8933 |
charge for a loan of money if the lender were not a licensee, | 8934 |
without first having obtained a license from the division of | 8935 |
financial institutions under sections 1321.01 to 1321.19 of the | 8936 |
Revised Code. | 8937 |
Sections 1321.01 to 1321.19 of the Revised Code do not apply | 8938 |
to any person doing business under and as permitted by any law of | 8939 |
this state, another state, or the United States relating to banks, | 8940 |
savings banks, savings societies, trust companies, credit unions, | 8941 |
savings and loan associations substantially all the business of | 8942 |
which is confined to loans on real estate mortgages and evidences | 8943 |
of their own indebtedness; to registrants conducting business | 8944 |
pursuant to sections 1321.51 to 1321.60 of the Revised Code; to | 8945 |
licensees conducting business pursuant to sections 1321.71 to | 8946 |
1321.83 of the Revised Code; | 8947 |
pursuant to sections 1315.35 to 1315.44 of the Revised Code; or to | 8948 |
any entity who is licensed pursuant to Title XXXIX of the Revised | 8949 |
Code, who makes advances or loans to any person who is licensed to | 8950 |
sell insurance pursuant to that Title, and who is authorized in | 8951 |
writing by that entity to sell insurance. No person engaged in the | 8952 |
business of selling tangible goods or services related thereto may | 8953 |
receive or retain a license under sections 1321.01 to 1321.19 of | 8954 |
the Revised Code for such place of business. | 8955 |
The first paragraph of this section applies to any person, | 8956 |
who by any device, subterfuge, or pretense, charges, contracts | 8957 |
for, or receives greater interest, consideration, or charges than | 8958 |
that authorized by this section for any such loan or use of money | 8959 |
or for any such loan, use, or sale of credit, or who for a fee or | 8960 |
any manner of compensation arranges or offers to find or arrange | 8961 |
for another person to make any such loan, use, or sale of credit. | 8962 |
This section does not preclude the acquiring, directly or | 8963 |
indirectly, by purchase or discount, of a bona fide obligation for | 8964 |
goods or services when such obligation is payable directly to the | 8965 |
person who provided the goods or services. | 8966 |
Any contract of loan in the making or collection of which an | 8967 |
act is done by the lender that violates this section is void and | 8968 |
the lender has no right to collect, receive, or retain any | 8969 |
principal, interest, or charges. | 8970 |
Sec. 1333.11. As used in sections 1333.11 to 1333.21 of the | 8971 |
Revised Code: | 8972 |
(A) "Cost to the retailer" means the invoice cost of | 8973 |
cigarettes to the retailer, or the replacement cost of cigarettes | 8974 |
to the retailer within thirty days prior to the date of sale, in | 8975 |
the quantity last purchased, whichever is lower, less all trade | 8976 |
discounts except customary discounts for cash, to which shall be | 8977 |
added the cost of doing business by the retailer as evidenced by | 8978 |
the standards and the methods of accounting regularly employed by | 8979 |
the retailer in the retailer's allocation of overhead costs and | 8980 |
expenses, paid or incurred. "Cost to the retailer" must include, | 8981 |
without limitation, labor, including salaries of executives and | 8982 |
officers, rent, depreciation, selling costs, maintenance of | 8983 |
equipment, delivery costs, all types of licenses, insurance, | 8984 |
advertising, and taxes, exclusive of county cigarette taxes paid | 8985 |
or payable on the cigarettes. Where the sale to the retailer is on | 8986 |
a cash and carry basis, the cartage to the retail outlet, if | 8987 |
performed or paid for by the retailer, shall be added to the | 8988 |
invoice cost of the cigarettes to the retailer. In the absence of | 8989 |
proof of a lesser or higher cost by the retailer, the cartage cost | 8990 |
shall be three-fourths of one per cent of the invoice cost of the | 8991 |
cigarettes to the retailer, not including the amount added thereto | 8992 |
by the wholesaler for the face value of state and county cigarette | 8993 |
tax stamps affixed to each package of cigarettes. | 8994 |
(B) In the absence of proof of a lesser or higher cost of | 8995 |
doing business by the retailer making the sale, the cost of doing | 8996 |
business to the retailer shall be eight per cent of the invoice | 8997 |
cost of the cigarettes to the retailer exclusive of the face value | 8998 |
of county cigarette taxes paid on the cigarettes or of the | 8999 |
replacement cost of the cigarettes to the retailer within thirty | 9000 |
days prior to the date of sale in the quantity last purchased | 9001 |
exclusive of the face value of county cigarette taxes paid on the | 9002 |
cigarettes, whichever is lower, less all trade discounts except | 9003 |
customary discounts for cash. | 9004 |
(C) "Cost to the wholesaler" means the invoice cost of the | 9005 |
cigarettes to the wholesaler, or the replacement cost of the | 9006 |
cigarettes to the wholesaler within thirty days prior to the date | 9007 |
of sale, in the quantity last purchased, whichever is lower, less | 9008 |
all trade discounts except customary discounts for cash, to which | 9009 |
shall be added a wholesaler's markup to cover in part the cost of | 9010 |
doing business, which wholesaler's markup, in the absence of proof | 9011 |
of a lesser or higher cost of doing business by the wholesaler as | 9012 |
evidenced by the standards and methods of accounting regularly | 9013 |
employed by the wholesaler in the wholesaler's allocation of | 9014 |
overhead costs and expenses, paid or incurred, including without | 9015 |
limitation, labor, salaries of executives and officers, rent, | 9016 |
depreciation, selling costs, maintenance of equipment, delivery, | 9017 |
delivery costs, all types of licenses, taxes, insurance, and | 9018 |
advertising, shall be three and five-tenths per cent of such | 9019 |
invoice cost of the cigarettes to the wholesaler, to which shall | 9020 |
be added the full face value of state and county cigarette tax | 9021 |
stamps affixed by the wholesaler to each package of cigarettes, or | 9022 |
of the replacement cost of the cigarettes to the wholesaler within | 9023 |
thirty days prior to the date of sale in the quantity last | 9024 |
purchased, whichever is lower, less all trade discounts except | 9025 |
customary discounts for cash. Where the sale by the wholesaler to | 9026 |
the retailer is on a cash and carry basis, the wholesaler may, in | 9027 |
the absence of proof of a lesser or higher cost, allow to the | 9028 |
retailer an amount not to exceed three-fourths of one per cent of | 9029 |
the "cost to the wholesaler" excluding the amount added thereto | 9030 |
for the face value of state and county cigarette tax stamps | 9031 |
affixed to each package of cigarettes. | 9032 |
(D) Any person licensed to sell cigarettes as both a | 9033 |
wholesaler and a retailer, who does sell cigarettes at retail, | 9034 |
shall, in determining "cost to the retailer", first compute "cost | 9035 |
to the wholesaler" as provided in division (C) of this section; | 9036 |
that "cost to the wholesaler" shall then be used in lieu of the | 9037 |
lower of either invoice cost or replacement cost less all trade | 9038 |
discounts except customary discounts for cash in computing "cost | 9039 |
to the retailer" as provided in divisions (A) and (B) of this | 9040 |
section. | 9041 |
(E) In all advertisements, offers for sale, or sales | 9042 |
involving two or more items at a combined price and in all | 9043 |
advertisements, offers for sale, or sales involving the giving of | 9044 |
any concession of any kind, whether it be coupons or otherwise, | 9045 |
the retailer's or wholesaler's selling price shall not be below | 9046 |
the "cost to the retailer" or the "cost to wholesaler", | 9047 |
respectively, of all articles, products, commodities, and | 9048 |
concessions included in such transactions. | 9049 |
(F)(1) "Sell at retail," "sales at retail," and "retail | 9050 |
sales" include any transfer of title to tangible personal property | 9051 |
for a valuable consideration made, in the ordinary course of trade | 9052 |
or usual prosecution of the seller's business, to the purchaser | 9053 |
for consumption or use. | 9054 |
(2) "Sell at wholesale," "sales at wholesale," and "wholesale | 9055 |
sales" include any such transfer of title to tangible personal | 9056 |
property for the purpose of resale. | 9057 |
(G) "Retailer" includes any person who is permitted to sell | 9058 |
cigarettes at retail within this state under section 5743.15 of | 9059 |
the Revised Code. | 9060 |
(H) "Wholesaler" includes any person who is permitted to sell | 9061 |
cigarettes at wholesale within this state under that section. | 9062 |
(I) "Person" includes individuals, corporations, | 9063 |
partnerships, associations, joint-stock companies, business | 9064 |
trusts, unincorporated organizations, receivers, or trustees. | 9065 |
(J) "County cigarette taxes" means the taxes levied under | 9066 |
section 5743.021, 5743.024, or 5743.026 of the Revised Code. | 9067 |
Sec. 1523.02. If the governor approves the plans, | 9068 |
specifications, and estimates authorized by section 1523.01 of the | 9069 |
Revised Code, the chief of the division of water shall thereupon | 9070 |
proceed, as provided in sections 1523.02 to 1523.13 of the Revised | 9071 |
Code, to construct the improvements or to make alterations in or | 9072 |
to enlarge those already existing, in such manner and form as is | 9073 |
shown by such plans and specifications. In order to provide the | 9074 |
funds for such construction, alteration, or enlargement, the chief | 9075 |
shall issue and sell bonds of the state, not in excess of the | 9076 |
estimated cost of such improvements. The bonds shall be issued in | 9077 |
denominations of not less than one hundred dollars payable as a | 9078 |
whole or in series on or before fifty years from the date thereof, | 9079 |
with interest not to exceed the rate provided in section 9.95 of | 9080 |
the Revised Code, payable either annually or semiannually. | 9081 |
The bonds shall show on their face the purpose for which | 9082 |
issued and shall create no liability upon or be considered an | 9083 |
indebtedness of the state, but both the principal and interest | 9084 |
shall be paid solely out of the proceeds arising from the | 9085 |
improvements constructed, altered, or enlarged by the chief, or | 9086 |
from the proceeds of the sale or foreclosure of the lien securing | 9087 |
the bonds on such improvement or such part thereof as is | 9088 |
constructed from the money realized from the sale of the bonds. | 9089 |
The form of the bonds shall be approved by the attorney | 9090 |
general, and they shall be signed by the governor and attested by | 9091 |
the director of natural resources and the chief. The bonds may be | 9092 |
issued as coupon bonds, payable to bearer only, or upon demand of | 9093 |
the owner or holder thereof as registered bonds. | 9094 |
Such bonds shall be sold by the chief to the highest bidder | 9095 |
therefor, but for not less than the par value thereof, with | 9096 |
accrued interest thereon, after thirty days' notice in at least | 9097 |
two newspapers of general circulation in the county where such | 9098 |
improvements are to be constructed, altered, or enlarged, setting | 9099 |
forth the nature, amount, rate of interest, and length of time the | 9100 |
bonds have to run, with the time and place of sale. | 9101 |
The treasurer of state shall be the treasurer of the fund | 9102 |
realized from the sale of such bonds, and the auditor of state | 9103 |
shall be the auditor of such fund. The proceeds of such sale shall | 9104 |
be turned over to the treasurer of state and shall be deposited by | 9105 |
9106 | |
Columbus or in the county in which such improvements are located. | 9107 |
Such proceeds shall be kept by such bank in a fund to be known as | 9108 |
the water conservation improvement fund. Such fund shall be used | 9109 |
to acquire the necessary real estate and to construct such new | 9110 |
improvements and for no other purpose, except that the treasurer | 9111 |
of state may pay the interest on the bonds during the period of | 9112 |
condemnation and the construction, alteration, or enlargement of | 9113 |
such improvements out of the proceeds arising from the sale of the | 9114 |
bonds for a term not exceeding three years from the date on which | 9115 |
the bonds are issued. The bank shall give bond to the state in | 9116 |
such amount as the treasurer of state considers advisable, and | 9117 |
with surety to | 9118 |
the benefit of the holders of the bonds, and for the benefit of | 9119 |
any contractors performing labor or furnishing material for such | 9120 |
improvements, as provided by law, conditioned that it will safely | 9121 |
keep the money and will make no payments or disbursements | 9122 |
therefrom except as provided in sections 1523.01 to 1523.13 of the | 9123 |
Revised Code. | 9124 |
The treasurer of state shall hold such fund as trustee for | 9125 |
the holders of the bonds and for all persons performing labor or | 9126 |
furnishing material for the construction, alteration, or | 9127 |
enlargement of any improvement made under such sections. Such | 9128 |
funds shall not be turned into the state treasury, but shall be | 9129 |
deposited and disbursed by the treasurer of state as provided in | 9130 |
such sections. The interest coupons attached to such bonds shall | 9131 |
bear the signature of the treasurer of state, executed by | 9132 |
treasurer of state or printed or lithographed thereon. | 9133 |
Both the interest and principal of such bonds shall be made | 9134 |
payable at the office of the treasurer of state in Columbus, and | 9135 |
shall be paid by the treasurer of state, without warrant | 9136 |
9137 | |
management, to the owner or holder of such bonds upon presentation | 9138 |
by the owner or holder of matured interest coupons or bonds. | 9139 |
Sec. 1901.31. The clerk and deputy clerks of a municipal | 9140 |
court shall be selected, be compensated, give bond, and have | 9141 |
powers and duties as follows: | 9142 |
(A) There shall be a clerk of the court who is appointed or | 9143 |
elected as follows: | 9144 |
(1)(a) Except in the Akron, Barberton, Cuyahoga Falls, | 9145 |
Toledo, Hamilton county, Portage county, and Wayne county | 9146 |
municipal courts, if the population of the territory equals or | 9147 |
exceeds one hundred thousand at the regular municipal election | 9148 |
immediately preceding the expiration of the term of the present | 9149 |
clerk, the clerk shall be nominated and elected by the qualified | 9150 |
electors of the territory in the manner that is provided for the | 9151 |
nomination and election of judges in section 1901.07 of the | 9152 |
Revised Code. | 9153 |
The clerk so elected shall hold office for a term of six | 9154 |
years, which term shall commence on the first day of January | 9155 |
following the clerk's election and continue until the clerk's | 9156 |
successor is elected and qualified. | 9157 |
(b) In the Hamilton county municipal court, the clerk of | 9158 |
courts of Hamilton county shall be the clerk of the municipal | 9159 |
court and may appoint an assistant clerk who shall receive the | 9160 |
compensation, payable out of the treasury of Hamilton county in | 9161 |
semimonthly installments, that the board of county commissioners | 9162 |
prescribes. The clerk of courts of Hamilton county, acting as the | 9163 |
clerk of the Hamilton county municipal court and assuming the | 9164 |
duties of that office, shall receive compensation at one-fourth | 9165 |
the rate that is prescribed for the clerks of courts of common | 9166 |
pleas as determined in accordance with the population of the | 9167 |
county and the rates set forth in sections 325.08 and 325.18 of | 9168 |
the Revised Code. This compensation shall be paid from the county | 9169 |
treasury in semimonthly installments and is in addition to the | 9170 |
annual compensation that is received for the performance of the | 9171 |
duties of the clerk of courts of Hamilton county, as provided in | 9172 |
sections 325.08 and 325.18 of the Revised Code. | 9173 |
(c) In the Portage county and Wayne county municipal courts, | 9174 |
the clerks of courts of Portage county and Wayne county shall be | 9175 |
the clerks, respectively, of the Portage county and Wayne county | 9176 |
municipal courts and may appoint a chief deputy clerk for each | 9177 |
branch that is established pursuant to section 1901.311 of the | 9178 |
Revised Code and assistant clerks as the judges of the municipal | 9179 |
court determine are necessary, all of whom shall receive the | 9180 |
compensation that the legislative authority prescribes. The clerks | 9181 |
of courts of Portage county and Wayne county, acting as the clerks | 9182 |
of the Portage county and Wayne county municipal courts and | 9183 |
assuming the duties of these offices, shall receive compensation | 9184 |
payable from the county treasury in semimonthly installments at | 9185 |
one-fourth the rate that is prescribed for the clerks of courts of | 9186 |
common pleas as determined in accordance with the population of | 9187 |
the county and the rates set forth in sections 325.08 and 325.18 | 9188 |
of the Revised Code. | 9189 |
(d) Except as otherwise provided in division (A)(1)(d) of | 9190 |
this section, in the Akron municipal court, candidates for | 9191 |
election to the office of clerk of the court shall be nominated by | 9192 |
primary election. The primary election shall be held on the day | 9193 |
specified in the charter of the city of Akron for the nomination | 9194 |
of municipal officers. Notwithstanding any contrary provision of | 9195 |
section 3513.05 or 3513.257 of the Revised Code, the declarations | 9196 |
of candidacy and petitions of partisan candidates and the | 9197 |
nominating petitions of independent candidates for the office of | 9198 |
clerk of the Akron municipal court shall be signed by at least | 9199 |
fifty qualified electors of the territory of the court. | 9200 |
The candidates shall file a declaration of candidacy and | 9201 |
petition, or a nominating petition, whichever is applicable, not | 9202 |
later than four p.m. of the seventy-fifth day before the day of | 9203 |
the primary election, in the form prescribed by section 3513.07 or | 9204 |
3513.261 of the Revised Code. The declaration of candidacy and | 9205 |
petition, or the nominating petition, shall conform to the | 9206 |
applicable requirements of section 3513.05 or 3513.257 of the | 9207 |
Revised Code. | 9208 |
If no valid declaration of candidacy and petition is filed by | 9209 |
any person for nomination as a candidate of a particular political | 9210 |
party for election to the office of clerk of the Akron municipal | 9211 |
court, a primary election shall not be held for the purpose of | 9212 |
nominating a candidate of that party for election to that office. | 9213 |
If only one person files a valid declaration of candidacy and | 9214 |
petition for nomination as a candidate of a particular political | 9215 |
party for election to that office, a primary election shall not be | 9216 |
held for the purpose of nominating a candidate of that party for | 9217 |
election to that office, and the candidate shall be issued a | 9218 |
certificate of nomination in the manner set forth in section | 9219 |
3513.02 of the Revised Code. | 9220 |
Declarations of candidacy and petitions, nominating | 9221 |
petitions, and certificates of nomination for the office of clerk | 9222 |
of the Akron municipal court shall contain a designation of the | 9223 |
term for which the candidate seeks election. At the following | 9224 |
regular municipal election, all candidates for the office shall be | 9225 |
submitted to the qualified electors of the territory of the court | 9226 |
in the manner that is provided in section 1901.07 of the Revised | 9227 |
Code for the election of the judges of the court. The clerk so | 9228 |
elected shall hold office for a term of six years, which term | 9229 |
shall commence on the first day of January following the clerk's | 9230 |
election and continue until the clerk's successor is elected and | 9231 |
qualified. | 9232 |
(e) Except as otherwise provided in division (A)(1)(e) of | 9233 |
this section, in the Barberton municipal court, candidates for | 9234 |
election to the office of clerk of the court shall be nominated by | 9235 |
primary election. The primary election shall be held on the day | 9236 |
specified in the charter of the city of Barberton for the | 9237 |
nomination of municipal officers. Notwithstanding any contrary | 9238 |
provision of section 3513.05 or 3513.257 of the Revised Code, the | 9239 |
declarations of candidacy and petitions of partisan candidates and | 9240 |
the nominating petitions of independent candidates for the office | 9241 |
of clerk of the Barberton municipal court shall be signed by at | 9242 |
least fifty qualified electors of the territory of the court. | 9243 |
The candidates shall file a declaration of candidacy and | 9244 |
petition, or a nominating petition, whichever is applicable, not | 9245 |
later than four p.m. of the seventy-fifth day before the day of | 9246 |
the primary election, in the form prescribed by section 3513.07 or | 9247 |
3513.261 of the Revised Code. The declaration of candidacy and | 9248 |
petition, or the nominating petition, shall conform to the | 9249 |
applicable requirements of section 3513.05 or 3513.257 of the | 9250 |
Revised Code. | 9251 |
If no valid declaration of candidacy and petition is filed by | 9252 |
any person for nomination as a candidate of a particular political | 9253 |
party for election to the office of clerk of the Barberton | 9254 |
municipal court, a primary election shall not be held for the | 9255 |
purpose of nominating a candidate of that party for election to | 9256 |
that office. If only one person files a valid declaration of | 9257 |
candidacy and petition for nomination as a candidate of a | 9258 |
particular political party for election to that office, a primary | 9259 |
election shall not be held for the purpose of nominating a | 9260 |
candidate of that party for election to that office, and the | 9261 |
candidate shall be issued a certificate of nomination in the | 9262 |
manner set forth in section 3513.02 of the Revised Code. | 9263 |
Declarations of candidacy and petitions, nominating | 9264 |
petitions, and certificates of nomination for the office of clerk | 9265 |
of the Barberton municipal court shall contain a designation of | 9266 |
the term for which the candidate seeks election. At the following | 9267 |
regular municipal election, all candidates for the office shall be | 9268 |
submitted to the qualified electors of the territory of the court | 9269 |
in the manner that is provided in section 1901.07 of the Revised | 9270 |
Code for the election of the judges of the court. The clerk so | 9271 |
elected shall hold office for a term of six years, which term | 9272 |
shall commence on the first day of January following the clerk's | 9273 |
election and continue until the clerk's successor is elected and | 9274 |
qualified. | 9275 |
(f) Except as otherwise provided in division (A)(1)(f) of | 9276 |
this section, in the Cuyahoga Falls municipal court, candidates | 9277 |
for election to the office of clerk of the court shall be | 9278 |
nominated by primary election. The primary election shall be held | 9279 |
on the day specified in the charter of the city of Cuyahoga Falls | 9280 |
for the nomination of municipal officers. Notwithstanding any | 9281 |
contrary provision of section 3513.05 or 3513.257 of the Revised | 9282 |
Code, the declarations of candidacy and petitions of partisan | 9283 |
candidates and the nominating petitions of independent candidates | 9284 |
for the office of clerk of the Cuyahoga Falls municipal court | 9285 |
shall be signed by at least fifty qualified electors of the | 9286 |
territory of the court. | 9287 |
The candidates shall file a declaration of candidacy and | 9288 |
petition, or a nominating petition, whichever is applicable, not | 9289 |
later than four p.m. of the seventy-fifth day before the day of | 9290 |
the primary election, in the form prescribed by section 3513.07 or | 9291 |
3513.261 of the Revised Code. The declaration of candidacy and | 9292 |
petition, or the nominating petition, shall conform to the | 9293 |
applicable requirements of section 3513.05 or 3513.257 of the | 9294 |
Revised Code. | 9295 |
If no valid declaration of candidacy and petition is filed by | 9296 |
any person for nomination as a candidate of a particular political | 9297 |
party for election to the office of clerk of the Cuyahoga Falls | 9298 |
municipal court, a primary election shall not be held for the | 9299 |
purpose of nominating a candidate of that party for election to | 9300 |
that office. If only one person files a valid declaration of | 9301 |
candidacy and petition for nomination as a candidate of a | 9302 |
particular political party for election to that office, a primary | 9303 |
election shall not be held for the purpose of nominating a | 9304 |
candidate of that party for election to that office, and the | 9305 |
candidate shall be issued a certificate of nomination in the | 9306 |
manner set forth in section 3513.02 of the Revised Code. | 9307 |
Declarations of candidacy and petitions, nominating | 9308 |
petitions, and certificates of nomination for the office of clerk | 9309 |
of the Cuyahoga Falls municipal court shall contain a designation | 9310 |
of the term for which the candidate seeks election. At the | 9311 |
following regular municipal election, all candidates for the | 9312 |
office shall be submitted to the qualified electors of the | 9313 |
territory of the court in the manner that is provided in section | 9314 |
1901.07 of the Revised Code for the election of the judges of the | 9315 |
court. The clerk so elected shall hold office for a term of six | 9316 |
years, which term shall commence on the first day of January | 9317 |
following the clerk's election and continue until the clerk's | 9318 |
successor is elected and qualified. | 9319 |
(g) Except as otherwise provided in division (A)(1)(g) of | 9320 |
this section, in the Toledo municipal court, candidates for | 9321 |
election to the office of clerk of the court shall be nominated by | 9322 |
primary election. The primary election shall be held on the day | 9323 |
specified in the charter of the city of Toledo for the nomination | 9324 |
of municipal officers. Notwithstanding any contrary provision of | 9325 |
section 3513.05 or 3513.257 of the Revised Code, the declarations | 9326 |
of candidacy and petitions of partisan candidates and the | 9327 |
nominating petitions of independent candidates for the office of | 9328 |
clerk of the Toledo municipal court shall be signed by at least | 9329 |
fifty qualified electors of the territory of the court. | 9330 |
The candidates shall file a declaration of candidacy and | 9331 |
petition, or a nominating petition, whichever is applicable, not | 9332 |
later than four p.m. of the seventy-fifth day before the day of | 9333 |
the primary election, in the form prescribed by section 3513.07 or | 9334 |
3513.261 of the Revised Code. The declaration of candidacy and | 9335 |
petition, or the nominating petition, shall conform to the | 9336 |
applicable requirements of section 3513.05 or 3513.257 of the | 9337 |
Revised Code. | 9338 |
If no valid declaration of candidacy and petition is filed by | 9339 |
any person for nomination as a candidate of a particular political | 9340 |
party for election to the office of clerk of the Toledo municipal | 9341 |
court, a primary election shall not be held for the purpose of | 9342 |
nominating a candidate of that party for election to that office. | 9343 |
If only one person files a valid declaration of candidacy and | 9344 |
petition for nomination as a candidate of a particular political | 9345 |
party for election to that office, a primary election shall not be | 9346 |
held for the purpose of nominating a candidate of that party for | 9347 |
election to that office, and the candidate shall be issued a | 9348 |
certificate of nomination in the manner set forth in section | 9349 |
3513.02 of the Revised Code. | 9350 |
Declarations of candidacy and petitions, nominating | 9351 |
petitions, and certificates of nomination for the office of clerk | 9352 |
of the Toledo municipal court shall contain a designation of the | 9353 |
term for which the candidate seeks election. At the following | 9354 |
regular municipal election, all candidates for the office shall be | 9355 |
submitted to the qualified electors of the territory of the court | 9356 |
in the manner that is provided in section 1901.07 of the Revised | 9357 |
Code for the election of the judges of the court. The clerk so | 9358 |
elected shall hold office for a term of six years, which term | 9359 |
shall commence on the first day of January following the clerk's | 9360 |
election and continue until the clerk's successor is elected and | 9361 |
qualified. | 9362 |
(2)(a) Except for the Alliance, Auglaize county, Brown | 9363 |
county, Columbiana county, Lorain, Massillon, and Youngstown | 9364 |
municipal courts, in a municipal court for which the population of | 9365 |
the territory is less than one hundred thousand, the clerk shall | 9366 |
be appointed by the court, and the clerk shall hold office until | 9367 |
the clerk's successor is appointed and qualified. | 9368 |
(b) In the Alliance, Lorain, Massillon, and Youngstown | 9369 |
municipal courts, the clerk shall be elected for a term of office | 9370 |
as described in division (A)(1)(a) of this section. | 9371 |
(c) In the Auglaize county and Brown county municipal courts, | 9372 |
the clerks of courts of Auglaize county and Brown county shall be | 9373 |
the clerks, respectively, of the Auglaize county and Brown county | 9374 |
municipal courts and may appoint a chief deputy clerk for each | 9375 |
branch that is established pursuant to section 1901.311 of the | 9376 |
Revised Code, and assistant clerks as the judge of the court | 9377 |
determines are necessary, all of whom shall receive the | 9378 |
compensation that the legislative authority prescribes. The clerks | 9379 |
of courts of Auglaize county and Brown county, acting as the | 9380 |
clerks of the Auglaize county and Brown county municipal courts | 9381 |
and assuming the duties of these offices, shall receive | 9382 |
compensation payable from the county treasury in semimonthly | 9383 |
installments at one-fourth the rate that is prescribed for the | 9384 |
clerks of courts of common pleas as determined in accordance with | 9385 |
the population of the county and the rates set forth in sections | 9386 |
325.08 and 325.18 of the Revised Code. | 9387 |
(d) In the Columbiana county municipal court, the clerk of | 9388 |
courts of Columbiana county shall be the clerk of the municipal | 9389 |
court, may appoint a chief deputy clerk for each branch office | 9390 |
that is established pursuant to section 1901.311 of the Revised | 9391 |
Code, and may appoint any assistant clerks that the judges of the | 9392 |
court determine are necessary. All of the chief deputy clerks and | 9393 |
assistant clerks shall receive the compensation that the | 9394 |
legislative authority prescribes. The clerk of courts of | 9395 |
Columbiana county, acting as the clerk of the Columbiana county | 9396 |
municipal court and assuming the duties of that office, shall | 9397 |
receive in either biweekly installments or semimonthly | 9398 |
installments, as determined by the payroll administrator, | 9399 |
compensation payable from the county treasury | 9400 |
9401 | |
clerks of courts of common pleas as determined in accordance with | 9402 |
the population of the county and the rates set forth in sections | 9403 |
325.08 and 325.18 of the Revised Code. | 9404 |
(3) During the temporary absence of the clerk due to illness, | 9405 |
vacation, or other proper cause, the court may appoint a temporary | 9406 |
clerk, who shall be paid the same compensation, have the same | 9407 |
authority, and perform the same duties as the clerk. | 9408 |
(B) Except in the Hamilton county, Portage county, and Wayne | 9409 |
county municipal courts, if a vacancy occurs in the office of the | 9410 |
clerk of the Alliance, Lorain, Massillon, or Youngstown municipal | 9411 |
court or occurs in the office of the clerk of a municipal court | 9412 |
for which the population of the territory equals or exceeds one | 9413 |
hundred thousand because the clerk ceases to hold the office | 9414 |
before the end of the clerk's term or because a clerk-elect fails | 9415 |
to take office, the vacancy shall be filled, until a successor is | 9416 |
elected and qualified, by a person chosen by the residents of the | 9417 |
territory of the court who are members of the county central | 9418 |
committee of the political party by which the last occupant of | 9419 |
that office or the clerk-elect was nominated. Not less than five | 9420 |
nor more than fifteen days after a vacancy occurs, those members | 9421 |
of that county central committee shall meet to make an appointment | 9422 |
to fill the vacancy. At least four days before the date of the | 9423 |
meeting, the chairperson or a secretary of the county central | 9424 |
committee shall notify each such member of that county central | 9425 |
committee by first class mail of the date, time, and place of the | 9426 |
meeting and its purpose. A majority of all such members of that | 9427 |
county central committee constitutes a quorum, and a majority of | 9428 |
the quorum is required to make the appointment. If the office so | 9429 |
vacated was occupied or was to be occupied by a person not | 9430 |
nominated at a primary election, or if the appointment was not | 9431 |
made by the committee members in accordance with this division, | 9432 |
the court shall make an appointment to fill the vacancy. A | 9433 |
successor shall be elected to fill the office for the unexpired | 9434 |
term at the first municipal election that is held more than one | 9435 |
hundred twenty days after the vacancy occurred. | 9436 |
(C)(1) In a municipal court, other than the Auglaize county, | 9437 |
the Brown county, the Columbiana county, and the Lorain municipal | 9438 |
courts, for which the population of the territory is less than one | 9439 |
hundred thousand, the clerk of the municipal court shall receive | 9440 |
the annual compensation that the presiding judge of the court | 9441 |
prescribes, if the revenue of the court for the preceding calendar | 9442 |
year, as certified by the auditor or chief fiscal officer of the | 9443 |
municipal corporation in which the court is located or, in the | 9444 |
case of a county-operated municipal court, the county auditor, is | 9445 |
equal to or greater than the expenditures, including any debt | 9446 |
charges, for the operation of the court payable under this chapter | 9447 |
from the city treasury or, in the case of a county-operated | 9448 |
municipal court, the county treasury for that calendar year, as | 9449 |
also certified by the auditor or chief fiscal officer. If the | 9450 |
revenue of a municipal court, other than the Auglaize county, the | 9451 |
Brown county, the Columbiana county, and the Lorain municipal | 9452 |
courts, for which the population of the territory is less than one | 9453 |
hundred thousand for the preceding calendar year as so certified | 9454 |
is not equal to or greater than those expenditures for the | 9455 |
operation of the court for that calendar year as so certified, the | 9456 |
clerk of a municipal court shall receive the annual compensation | 9457 |
that the legislative authority prescribes. As used in this | 9458 |
division, "revenue" means the total of all costs and fees that are | 9459 |
collected and paid to the city treasury or, in a county-operated | 9460 |
municipal court, the county treasury by the clerk of the municipal | 9461 |
court under division (F) of this section and all interest received | 9462 |
and paid to the city treasury or, in a county-operated municipal | 9463 |
court, the county treasury in relation to the costs and fees under | 9464 |
division (G) of this section. | 9465 |
(2) In a municipal court, other than the Hamilton county, | 9466 |
Portage county, and Wayne county municipal courts, for which the | 9467 |
population of the territory is one hundred thousand or more, and | 9468 |
in the Lorain municipal court, the clerk of the municipal court | 9469 |
shall receive annual compensation in a sum equal to eighty-five | 9470 |
per cent of the salary of a judge of the court. | 9471 |
(3) The compensation of a clerk described in division (C)(1) | 9472 |
or (2) of this section is payable in semimonthly installments from | 9473 |
the same sources and in the same manner as provided in section | 9474 |
1901.11 of the Revised Code. | 9475 |
(D) Before entering upon the duties of the clerk's office, | 9476 |
the clerk of a municipal court shall give bond of not less than | 9477 |
six thousand dollars to be determined by the judges of the court, | 9478 |
conditioned upon the faithful performance of the clerk's duties. | 9479 |
(E) The clerk of a municipal court may do all of the | 9480 |
following: administer oaths, take affidavits, and issue executions | 9481 |
upon any judgment rendered in the court, including a judgment for | 9482 |
unpaid costs; issue, sign, and attach the seal of the court to all | 9483 |
writs, process, subpoenas, and papers issuing out of the court; | 9484 |
and approve all bonds, sureties, recognizances, and undertakings | 9485 |
fixed by any judge of the court or by law. The clerk may refuse to | 9486 |
accept for filing any pleading or paper submitted for filing by a | 9487 |
person who has been found to be a vexatious litigator under | 9488 |
section 2323.52 of the Revised Code and who has failed to obtain | 9489 |
leave to proceed under that section. The clerk shall do all of the | 9490 |
following: file and safely keep all journals, records, books, and | 9491 |
papers belonging or appertaining to the court; record the | 9492 |
proceedings of the court; perform all other duties that the judges | 9493 |
of the court may prescribe; and keep a book showing all receipts | 9494 |
and disbursements, which book shall be open for public inspection | 9495 |
at all times. | 9496 |
The clerk shall prepare and maintain a general index, a | 9497 |
docket, and other records that the court, by rule, requires, all | 9498 |
of which shall be the public records of the court. In the docket, | 9499 |
the clerk shall enter, at the time of the commencement of an | 9500 |
action, the names of the parties in full, the names of the | 9501 |
counsel, and the nature of the proceedings. Under proper dates, | 9502 |
the clerk shall note the filing of the complaint, issuing of | 9503 |
summons or other process, returns, and any subsequent pleadings. | 9504 |
The clerk also shall enter all reports, verdicts, orders, | 9505 |
judgments, and proceedings of the court, clearly specifying the | 9506 |
relief granted or orders made in each action. The court may order | 9507 |
an extended record of any of the above to be made and entered, | 9508 |
under the proper action heading, upon the docket at the request of | 9509 |
any party to the case, the expense of which record may be taxed as | 9510 |
costs in the case or may be required to be prepaid by the party | 9511 |
demanding the record, upon order of the court. | 9512 |
(F) The clerk of a municipal court shall receive, collect, | 9513 |
and issue receipts for all costs, fees, fines, bail, and other | 9514 |
moneys payable to the office or to any officer of the court. The | 9515 |
clerk shall each month disburse to the proper persons or officers, | 9516 |
and take receipts for, all costs, fees, fines, bail, and other | 9517 |
moneys that the clerk collects. Subject to sections 3375.50 and | 9518 |
4511.193 of the Revised Code and to any other section of the | 9519 |
Revised Code that requires a specific manner of disbursement of | 9520 |
any moneys received by a municipal court and except for the | 9521 |
Hamilton county, Lawrence county, and Ottawa county municipal | 9522 |
courts, the clerk shall pay all fines received for violation of | 9523 |
municipal ordinances into the treasury of the municipal | 9524 |
corporation the ordinance of which was violated and shall pay all | 9525 |
fines received for violation of township resolutions adopted | 9526 |
pursuant to Chapter 504. of the Revised Code into the treasury of | 9527 |
the township the resolution of which was violated. Subject to | 9528 |
sections 1901.024 and 4511.193 of the Revised Code, in the | 9529 |
Hamilton county, Lawrence county, and Ottawa county municipal | 9530 |
courts, the clerk shall pay fifty per cent of the fines received | 9531 |
for violation of municipal ordinances and fifty per cent of the | 9532 |
fines received for violation of township resolutions adopted | 9533 |
pursuant to Chapter 504. of the Revised Code into the treasury of | 9534 |
the county. Subject to sections 3375.50, 3375.53, 4511.19, and | 9535 |
5503.04 of the Revised Code and to any other section of the | 9536 |
Revised Code that requires a specific manner of disbursement of | 9537 |
any moneys received by a municipal court, the clerk shall pay all | 9538 |
fines collected for the violation of state laws into the county | 9539 |
treasury. Except in a county-operated municipal court, the clerk | 9540 |
shall pay all costs and fees the disbursement of which is not | 9541 |
otherwise provided for in the Revised Code into the city treasury. | 9542 |
The clerk of a county-operated municipal court shall pay the costs | 9543 |
and fees the disbursement of which is not otherwise provided for | 9544 |
in the Revised Code into the county treasury. Moneys deposited as | 9545 |
security for costs shall be retained pending the litigation. The | 9546 |
clerk shall keep a separate account of all receipts and | 9547 |
disbursements in civil and criminal cases, which shall be a | 9548 |
permanent public record of the office. On the expiration of the | 9549 |
term of the clerk, the clerk shall deliver the records to the | 9550 |
clerk's successor. The clerk shall have other powers and duties as | 9551 |
are prescribed by rule or order of the court. | 9552 |
(G) All moneys paid into a municipal court shall be noted on | 9553 |
the record of the case in which they are paid and shall be | 9554 |
deposited in a state or national bank, or a domestic savings and | 9555 |
loan association, as defined in section 1151.01 of the Revised | 9556 |
Code, that is selected by the clerk. Any interest received upon | 9557 |
the deposits shall be paid into the city treasury, except that, in | 9558 |
a county-operated municipal court, the interest shall be paid into | 9559 |
the treasury of the county in which the court is located. | 9560 |
On the first Monday in January of each year, the clerk shall | 9561 |
make a list of the titles of all cases in the court that were | 9562 |
finally determined more than one year past in which there remains | 9563 |
unclaimed in the possession of the clerk any funds, or any part of | 9564 |
a deposit for security of costs not consumed by the costs in the | 9565 |
case. The clerk shall give notice of the moneys to the parties who | 9566 |
are entitled to the moneys or to their attorneys of record. All | 9567 |
the moneys remaining unclaimed on the first day of April of each | 9568 |
year shall be paid by the clerk to the city treasurer, except | 9569 |
that, in a county-operated municipal court, the moneys shall be | 9570 |
paid to the treasurer of the county in which the court is located. | 9571 |
The treasurer shall pay any part of the moneys at any time to the | 9572 |
person who has the right to the moneys upon proper certification | 9573 |
of the clerk. | 9574 |
(H) Deputy clerks may be appointed by the clerk and shall | 9575 |
receive the compensation, payable in either biweekly installments | 9576 |
or semimonthly installments, as determined by the payroll | 9577 |
administrator, out of the city treasury, that the clerk may | 9578 |
prescribe, except that the compensation of any deputy clerk of a | 9579 |
county-operated municipal court shall be paid out of the treasury | 9580 |
of the county in which the court is located. Each deputy clerk | 9581 |
shall take an oath of office before entering upon the duties of | 9582 |
the deputy clerk's office and, when so qualified, may perform the | 9583 |
duties appertaining to the office of the clerk. The clerk may | 9584 |
require any of the deputy clerks to give bond of not less than | 9585 |
three thousand dollars, conditioned for the faithful performance | 9586 |
of the deputy clerk's duties. | 9587 |
(I) For the purposes of this section, whenever the population | 9588 |
of the territory of a municipal court falls below one hundred | 9589 |
thousand but not below ninety thousand, and the population of the | 9590 |
territory prior to the most recent regular federal census exceeded | 9591 |
one hundred thousand, the legislative authority of the municipal | 9592 |
corporation may declare, by resolution, that the territory shall | 9593 |
be considered to have a population of at least one hundred | 9594 |
thousand. | 9595 |
(J) The clerk or a deputy clerk shall be in attendance at all | 9596 |
sessions of the municipal court, although not necessarily in the | 9597 |
courtroom, and may administer oaths to witnesses and jurors and | 9598 |
receive verdicts. | 9599 |
Sec. 1901.311. A municipal court may establish one or more | 9600 |
branch offices and may appoint a special deputy clerk to | 9601 |
administer each branch office. Each special deputy clerk shall | 9602 |
take an oath of office before entering upon the duties of his | 9603 |
office, and, when so qualified, may perform any one or more of the | 9604 |
duties appertaining to the office of clerk, as the court | 9605 |
prescribes. Special deputy clerks appointed by the court pursuant | 9606 |
to this section shall receive such compensation payable in either | 9607 |
biweekly installments or semimonthly installments, as determined | 9608 |
by the payroll administrator, out of the city treasury as the | 9609 |
court may prescribe, except that the compensation of any special | 9610 |
deputy clerk of a county-operated municipal court shall be payable | 9611 |
out of the treasury of the county in which the court is located. | 9612 |
The court may require any of the special deputy clerks to give | 9613 |
bond of not less than three thousand dollars, conditioned for the | 9614 |
faithful performance of his duties. | 9615 |
Sec. 1901.32. (A) The bailiffs and deputy bailiffs of a | 9616 |
municipal court shall be provided for, and their duties are, as | 9617 |
follows: | 9618 |
(1) Except for the Hamilton county municipal court, the court | 9619 |
shall appoint a bailiff who shall receive the annual compensation | 9620 |
that the court prescribes payable in either biweekly installments | 9621 |
or semimonthly installments, as determined by the payroll | 9622 |
administrator, from the same sources and in the same manner as | 9623 |
provided in section 1901.11 of the Revised Code. The court may | 9624 |
provide that the chief of police of the municipal corporation or a | 9625 |
member of the police force be appointed by the court to be the | 9626 |
bailiff of the court. Before entering upon | 9627 |
office, the bailiff shall take an oath to faithfully perform the | 9628 |
duties of the office and shall give a bond of not less than three | 9629 |
thousand dollars, as the legislative authority prescribes, | 9630 |
conditioned for
the faithful performance | 9631 |
chief bailiff. | 9632 |
(2) Except for the Hamilton county municipal court, deputy | 9633 |
bailiffs may be appointed by the court. Deputy bailiffs shall | 9634 |
receive the compensation payable in semimonthly installments out | 9635 |
of the city treasury that the court prescribes, except that the | 9636 |
compensation of deputy bailiffs in a county-operated municipal | 9637 |
court shall be paid out of the treasury of the county in which the | 9638 |
court is located. Each deputy bailiff shall give a bond in an | 9639 |
amount not less than one thousand dollars, and, when so qualified, | 9640 |
9641 | |
bailiff of the court. | 9642 |
(3) The bailiff and all deputy bailiffs of the Hamilton | 9643 |
county municipal court shall be appointed by the clerk and shall | 9644 |
receive the compensation payable in semimonthly installments out | 9645 |
of the treasury of Hamilton county that the clerk prescribes. Each | 9646 |
judge of the Hamilton county municipal court may appoint a | 9647 |
courtroom bailiff, each of whom shall receive the compensation | 9648 |
payable in semimonthly installments out of the treasury of | 9649 |
Hamilton county that the court prescribes. | 9650 |
(4) The legislative authority may purchase motor vehicles for | 9651 |
the use of the bailiffs and deputy bailiffs as the court | 9652 |
determines they need to perform the duties of their office. All | 9653 |
expenses, maintenance, and upkeep of the vehicles shall be paid by | 9654 |
the legislative authority upon approval by the court. Any | 9655 |
allowances, costs, and expenses for the operation of private motor | 9656 |
vehicles by bailiffs and deputy bailiffs for official duties, | 9657 |
including the cost of oil, gasoline, and maintenance, shall be | 9658 |
prescribed by the court and, subject to the approval of the | 9659 |
legislative authority, shall be paid from the city treasury, | 9660 |
except that the allowances, costs, and expenses for the bailiffs | 9661 |
and deputy bailiffs of a county-operated municipal court shall be | 9662 |
paid from the treasury of the county in which the court is | 9663 |
located. | 9664 |
(5) Every police officer of any municipal corporation and | 9665 |
police constable of a township within the territory of the court | 9666 |
is ex officio a deputy bailiff of the court in and for the | 9667 |
municipal corporation or township | 9668 |
commissioned as a police officer or police constable, and shall | 9669 |
perform any
duties in respect to cases within | 9670 |
constable's
jurisdiction that are
required | 9671 |
the court, or by the clerk or a bailiff or deputy bailiff of the | 9672 |
court, without additional compensation. | 9673 |
(6) The bailiff and deputy bailiffs shall perform for the | 9674 |
court services similar to those performed by the sheriff for the | 9675 |
court of common pleas and shall perform any other duties that are | 9676 |
requested by rule of court. | 9677 |
The bailiff or deputy bailiff may administer oaths to | 9678 |
witnesses and jurors and receive verdicts in the same manner and | 9679 |
form and to the same extent as the clerk or deputy clerks of the | 9680 |
court. The bailiff may approve all undertakings and bonds given in | 9681 |
actions of replevin and all redelivery bonds in attachments. | 9682 |
(B) In the Cleveland municipal court, the chief clerks and | 9683 |
all deputy clerks are in the classified civil service of the city | 9684 |
of Cleveland. The clerk, the chief deputy clerks, the probation | 9685 |
officers, one private secretary, one personal stenographer to the | 9686 |
clerk, and one personal bailiff to each judge are in the | 9687 |
unclassified civil service of the city of Cleveland. Upon demand | 9688 |
of the clerk, the civil service commission of the city of | 9689 |
Cleveland shall certify a list of those eligible for the position | 9690 |
of deputy clerk. From the list, the clerk shall designate chief | 9691 |
clerks and the number of deputy clerks that the legislative | 9692 |
authority determines are necessary. | 9693 |
Except as otherwise provided in this division, the bailiff, | 9694 |
chief deputy bailiffs, and all deputy bailiffs of the Cleveland | 9695 |
municipal court appointed after January 1, 1968, and the chief | 9696 |
housing specialist, housing specialists, and housing division | 9697 |
referees of the housing division of the Cleveland municipal court | 9698 |
appointed under section 1901.331 of the Revised Code are in the | 9699 |
unclassified civil service of the city of Cleveland. All deputy | 9700 |
bailiffs of the housing division of the Cleveland municipal court | 9701 |
appointed pursuant to that section are in the classified civil | 9702 |
service of the city of Cleveland. Upon the demand of the judge of | 9703 |
the housing division of the Cleveland municipal court, the civil | 9704 |
service commission of the city of Cleveland shall certify a list | 9705 |
of those eligible for the position of deputy bailiff of the | 9706 |
housing division. From the list, the judge of the housing division | 9707 |
shall designate the number of deputy bailiffs that | 9708 |
determines are necessary. | 9709 |
The chief deputy clerks, the chief clerks, and all other | 9710 |
deputy clerks of the Cleveland municipal court shall receive the | 9711 |
compensation that the clerk prescribes. Except as provided in | 9712 |
division (A)(4)(a) of section 1901.331 of the Revised Code with | 9713 |
respect to officers and employees of the housing division of the | 9714 |
Cleveland municipal court, the bailiff, all deputy bailiffs, and | 9715 |
assignment room personnel of the Cleveland municipal court shall | 9716 |
receive the compensation that the court prescribes. | 9717 |
Any appointee under sections 1901.01 to 1901.37 of the | 9718 |
Revised Code may be dismissed or discharged by the same power that | 9719 |
appointed | 9720 |
civil service appointee under those sections, an appeal may be | 9721 |
taken from the decision of the civil service commission to the | 9722 |
court of common pleas of Cuyahoga county to determine the | 9723 |
sufficiency of the cause of removal. The appeal shall be taken | 9724 |
within ten days of the finding of the commission. | 9725 |
In the Cleveland municipal court, the presiding judge may | 9726 |
appoint on a full-time, per diem, or contractual basis any | 9727 |
official court reporters for the civil branch of the court that | 9728 |
the business of the court requires. The compensation of official | 9729 |
court reporters shall be determined by the presiding judge of the | 9730 |
court. The compensation shall be payable from the city treasury | 9731 |
and from the treasury of Cuyahoga county in the same proportion as | 9732 |
designated in section 1901.11 of the Revised Code for the payment | 9733 |
of compensation of municipal judges. In every trial in which the | 9734 |
services of a court reporter so appointed are requested by the | 9735 |
judge, any party, or the attorney for any party, there shall be | 9736 |
taxed for each day's services of the court reporter a fee in the | 9737 |
same amount as may be taxed for similar services in the court of | 9738 |
common pleas under section 2301.21 of the Revised Code, to be | 9739 |
collected as other costs in the case. The fees so collected shall | 9740 |
be paid quarterly by the clerk into the city treasury and the | 9741 |
treasury of Cuyahoga county in the same proportion as the | 9742 |
compensation for the court reporters is paid from the city and | 9743 |
county treasuries and shall be credited to the general funds of | 9744 |
the city and county treasuries. | 9745 |
(C) In the Hamilton county municipal court, all employees, | 9746 |
including the bailiff, deputy bailiff, and courtroom bailiffs, are | 9747 |
in the unclassified civil service. | 9748 |
Sec. 1901.33. (A) The judge or judges of a municipal court | 9749 |
may appoint one or more interpreters, one or more mental health | 9750 |
professionals, one or more probation officers, an assignment | 9751 |
commissioner, deputy assignment commissioners, and other court | 9752 |
aides on a full-time, part-time, hourly, or other basis. Each | 9753 |
appointee shall receive the compensation out of the city treasury | 9754 |
that the legislative authority prescribes in either biweekly | 9755 |
installments or semimonthly installments, as determined by the | 9756 |
payroll administrator, except that in a county-operated municipal | 9757 |
court they shall receive the compensation out of the treasury of | 9758 |
the county in which the court is located that the board of county | 9759 |
commissioners prescribes. Probation officers have all the powers | 9760 |
of regular police officers and shall perform any duties that are | 9761 |
designated by the judge or judges of the court. Assignment | 9762 |
commissioners shall assign cases for trial and perform any other | 9763 |
duties that the court directs. | 9764 |
The judge or judges may appoint one or more typists, | 9765 |
stenographers, statistical clerks, and official court reporters, | 9766 |
each of whom shall be paid the compensation out of the city | 9767 |
treasury that the legislative authority prescribes, except that in | 9768 |
a county-operated municipal court they shall be paid the | 9769 |
compensation out of the treasury of the county in which the court | 9770 |
is located that the board of county commissioners prescribes. | 9771 |
(B) If a municipal court appoints one or more probation | 9772 |
officers, those officers shall constitute the municipal court | 9773 |
department of probation unless the court designates other | 9774 |
employees as the department of probation for the court. | 9775 |
(C) The chief probation officer may grant permission to a | 9776 |
probation officer to carry firearms when required in the discharge | 9777 |
of the probation officer's official duties if the probation | 9778 |
officer has successfully completed a basic firearm training | 9779 |
program that is approved by the executive director of the Ohio | 9780 |
peace officer training commission. A probation officer who has | 9781 |
been granted permission to carry a firearm in the discharge of the | 9782 |
probation officer's official duties annually shall successfully | 9783 |
complete a firearms requalification program in accordance with | 9784 |
section 109.801 of the Revised Code. | 9785 |
(D) The judge or judges of a municipal court in which the | 9786 |
clerk of the court is elected as provided in division (A)(1)(a) or | 9787 |
(d) or (A)(2)(b) of section 1901.31 of the Revised Code may | 9788 |
appoint an administrative assistant. The administrative assistant | 9789 |
shall have charge of personnel related matters of the court and | 9790 |
shall perform any other administrative duties assigned by the | 9791 |
court. The administrative assistant shall receive the compensation | 9792 |
out of the city treasury that the court prescribes, except that, | 9793 |
in a county-operated municipal court, the administrative assistant | 9794 |
shall receive the compensation out of the treasury of the county | 9795 |
in which the court is located that the court prescribes. | 9796 |
Sec. 2151.357. (A)(1) In the manner prescribed by division | 9797 |
(C)(1) or (2) of section 3313.64 of the Revised Code, as | 9798 |
applicable, the court, at the time of making any order that | 9799 |
removes a child from the child's own home or that vests legal or | 9800 |
permanent custody of the child in a person other than the child's | 9801 |
parent or a government agency, shall determine the school district | 9802 |
that is to bear the cost of educating the child. The court shall | 9803 |
make the determination a part of the order that provides for the | 9804 |
child's placement or commitment. That school district shall bear | 9805 |
the cost of educating the child unless and until the court | 9806 |
modifies its order pursuant to division (A)(2) of this section. | 9807 |
(2) If, while the child is in the custody of a person other | 9808 |
than the child's parent or a government agency, the department of | 9809 |
education notifies the court that the place of residence of the | 9810 |
child's parent has changed since the court issued its initial | 9811 |
order, the court may modify its order to name a different school | 9812 |
district to bear the cost of educating the child. The department | 9813 |
may submit the notice to the court upon receipt, from the school | 9814 |
district initially ordered to bear the cost of educating the | 9815 |
child, of evidence acceptable to the department that the residence | 9816 |
of the child's parent has changed since the court issued its | 9817 |
initial order. In the notice to the court, the department shall | 9818 |
recommend to the court whether a different district should be | 9819 |
ordered to bear the cost of educating the child and, if so, which | 9820 |
district should be so ordered. The department shall recommend to | 9821 |
the court the district in which the child's parent currently | 9822 |
resides or, if the parent's residence is not known, the district | 9823 |
in which the parent's last known residence is located. If the | 9824 |
department cannot determine any Ohio district in which the parent | 9825 |
currently resides or has resided, the school district designated | 9826 |
in the initial court order shall continue to bear the cost of | 9827 |
educating the child. | 9828 |
The court may consider the content of a notice by the | 9829 |
department of education under division (A)(2) of this section as | 9830 |
conclusive evidence as to which school district should bear the | 9831 |
cost of educating the child and may amend its order accordingly. | 9832 |
(B) Whenever a child is placed in a detention facility | 9833 |
established under section 2152.41 of the Revised Code or a | 9834 |
juvenile facility established under section 2151.65 of the Revised | 9835 |
Code, the child's school district as determined by the court shall | 9836 |
pay the cost of educating the child based on the per capita cost | 9837 |
of the educational facility within the detention home or juvenile | 9838 |
facility. | 9839 |
(C) Whenever a child is placed by the court in a private | 9840 |
institution, school, or residential treatment center or any other | 9841 |
private facility, the state shall pay to the court a subsidy to | 9842 |
help defray the expense of educating the child in an amount equal | 9843 |
to the product of the daily per capita educational cost of the | 9844 |
private facility, as determined pursuant to this section, and the | 9845 |
number of days the child resides at the private facility, provided | 9846 |
that the subsidy shall not exceed twenty-five hundred dollars per | 9847 |
year per child. The daily per capita educational cost of a private | 9848 |
facility shall be determined by dividing the actual program cost | 9849 |
of the private facility or twenty-five hundred dollars, whichever | 9850 |
is less, by three hundred sixty-five days or by three hundred | 9851 |
sixty-six days for years that include February twenty-ninth. The | 9852 |
state shall pay seventy-five per cent of the total subsidy for | 9853 |
each year quarterly to the court. The state may adjust the | 9854 |
remaining twenty-five per cent of the total subsidy to be paid to | 9855 |
the court for each year to an amount that is less than twenty-five | 9856 |
per cent of the total subsidy for that year based upon the | 9857 |
availability of funds appropriated to the department of education | 9858 |
for the purpose of subsidizing courts that place a child in a | 9859 |
private institution, school, or residential treatment center or | 9860 |
any other private facility and shall pay that adjusted amount to | 9861 |
the court at the end of the year. | 9862 |
Sec. 2305.2341. (A) The medical liability insurance | 9863 |
reimbursement program is hereby established. Free clinics, | 9864 |
including the clinics' staff and volunteer health care | 9865 |
professionals and volunteer health care workers, may participate | 9866 |
in the medical liability insurance reimbursement program | 9867 |
established by this section. The coverage provided under the | 9868 |
program shall be limited to claims that arise out of the | 9869 |
diagnosis, treatment, and care of patients of free clinics, as | 9870 |
defined in division (D)(1) of this section. | 9871 |
(B) A free clinic is eligible to receive reimbursement under | 9872 |
the medical liability insurance reimbursement program for the | 9873 |
premiums that the clinic pays for medical liability insurance | 9874 |
coverage for the clinic, its staff, and volunteer health care | 9875 |
professionals and health care workers. Free clinics shall register | 9876 |
with the department of health by the thirty-first day of January | 9877 |
of each year in order to participate in and to obtain | 9878 |
reimbursement under the program. Free clinics shall provide all of | 9879 |
the following to the department of health at the time of | 9880 |
registration: | 9881 |
(1) A statement of the number of volunteer and paid health | 9882 |
care professionals and health care workers providing health care | 9883 |
services at the free clinic at that time; | 9884 |
(2) A statement of the number of health care services | 9885 |
rendered by the free clinic during the previous fiscal year; | 9886 |
(3) A signed form acknowledging that the free clinic agrees | 9887 |
to follow its medical liability insurer's risk management and loss | 9888 |
prevention policies; | 9889 |
(4) A copy of the medical liability insurance policy | 9890 |
purchased by the free clinic, or the policy's declaration page, | 9891 |
and documentation of the premiums paid by the clinic. | 9892 |
(C) The department of health shall reimburse free clinics | 9893 |
participating in the professional liability insurance | 9894 |
reimbursement program for up to eighty per cent of the premiums | 9895 |
that the free clinic pays for medical liability insurance coverage | 9896 |
up to twenty thousand dollars. Appropriations to the department of | 9897 |
health may be made from the general fund of the state for this | 9898 |
purpose. | 9899 |
(D) As used in this section: | 9900 |
(1) "Free clinic" means a nonprofit organization exempt from | 9901 |
federal income taxation under section 501(c)(3) of the "Internal | 9902 |
Revenue Code of 1986," as amended, or a program component of a | 9903 |
nonprofit organization, whose primary mission is to provide health | 9904 |
care services for free or for a minimal administrative fee to | 9905 |
individuals with limited resources. A free clinic facilitates the | 9906 |
delivery of health care services through the use of volunteer | 9907 |
health care professionals and voluntary care networks. For this | 9908 |
purpose, a free clinic shall comply with all of the following: | 9909 |
(a) If a free clinic does request a minimal administrative | 9910 |
fee, a free clinic shall not deny an individual access to its | 9911 |
health care services based on an individual's ability to pay the | 9912 |
fee. | 9913 |
(b) A free clinic shall not bill a patient for health care | 9914 |
services rendered. | 9915 |
(c) Free clinics shall not perform operations, as defined by | 9916 |
divisions (A)(9) and (F)(1)(b) of section 2305.234 of the Revised | 9917 |
Code. | 9918 |
A clinic is not a free clinic if the clinic bills medicaid, | 9919 |
medicare, or other third-party payers for health care services | 9920 |
rendered at the clinic, and receives twenty-five per cent or more | 9921 |
of the clinic's annual revenue from the third-party payments. | 9922 |
(2) "Health care professional" and "health care worker" have | 9923 |
the same meanings as in section 2305.234 of the Revised Code. | 9924 |
Sec. 2503.20. When requested by the supreme court, the | 9925 |
reporter of the supreme court shall attend its sessions and | 9926 |
consultations and shall report and prepare its decisions for | 9927 |
publication under its direction. The reporter shall prepare for | 9928 |
publication and edit, tabulate, and index those opinions and | 9929 |
decisions of any court of appeals furnished | 9930 |
publication by any such court, and such opinions and decisions of | 9931 |
any of the
inferior courts, as may be designated by | 9932 |
reporter and approved by the chief justice of the supreme court. | 9933 |
No cases in any court of appeals shall be reported for publication | 9934 |
except those selected by that court of appeals, or by a majority | 9935 |
of the judges thereof. | 9936 |
The supreme court may appoint assistants necessary to carry | 9937 |
on the work of the reporter's office. The court shall fix the | 9938 |
compensation of each assistant, which compensation shall be paid | 9939 |
out of the state treasury upon the warrant of the | 9940 |
director of budget and management. | 9941 |
Whenever a case is reported for publication, the syllabus of | 9942 |
such case shall be prepared by the judge delivering the opinion, | 9943 |
and approved by a majority of the members of the court. Such | 9944 |
report may be per curiam, or if an opinion is reported, such | 9945 |
opinion shall be written in as concise form as may be consistent | 9946 |
with a clear presentation of the law of the case. Opinions for | 9947 |
permanent publication in book form shall be furnished to the | 9948 |
reporter and to no other person. All such cases shall be reported | 9949 |
in accordance with this section before they are recognized by and | 9950 |
receive the official sanction of any court. | 9951 |
Sec. 2913.01. As used in this chapter, unless the context | 9952 |
requires that a term be given a different meaning: | 9953 |
(A) "Deception" means knowingly deceiving another or causing | 9954 |
another to be deceived by any false or misleading representation, | 9955 |
by withholding information, by preventing another from acquiring | 9956 |
information, or by any other conduct, act, or omission that | 9957 |
creates, confirms, or perpetuates a false impression in another, | 9958 |
including a false impression as to law, value, state of mind, or | 9959 |
other objective or subjective fact. | 9960 |
(B) "Defraud" means to knowingly obtain, by deception, some | 9961 |
benefit for oneself or another, or to knowingly cause, by | 9962 |
deception, some detriment to another. | 9963 |
(C) "Deprive" means to do any of the following: | 9964 |
(1) Withhold property of another permanently, or for a period | 9965 |
that appropriates a substantial portion of its value or use, or | 9966 |
with purpose to restore it only upon payment of a reward or other | 9967 |
consideration; | 9968 |
(2) Dispose of property so as to make it unlikely that the | 9969 |
owner will recover it; | 9970 |
(3) Accept, use, or appropriate money, property, or services, | 9971 |
with purpose not to give proper consideration in return for the | 9972 |
money, property, or services, and without reasonable justification | 9973 |
or excuse for not giving proper consideration. | 9974 |
(D) "Owner" means, unless the context requires a different | 9975 |
meaning, any person, other than the actor, who is the owner of, | 9976 |
who has possession or control of, or who has any license or | 9977 |
interest in property or services, even though the ownership, | 9978 |
possession, control, license, or interest is unlawful. | 9979 |
(E) "Services" include labor, personal services, professional | 9980 |
services, public utility services including wireless service as | 9981 |
defined in division (F)(1) of section 4931.40 of the Revised Code, | 9982 |
common carrier services, and food, drink, transportation, | 9983 |
entertainment, and cable television services and, for purposes of | 9984 |
section 2913.04 of the Revised Code, include cable services as | 9985 |
defined in that section. | 9986 |
(F) "Writing" means any computer software, document, letter, | 9987 |
memorandum, note, paper, plate, data, film, or other thing having | 9988 |
in or upon it any written, typewritten, or printed matter, and any | 9989 |
token, stamp, seal, credit card, badge, trademark, label, or other | 9990 |
symbol of value, right, privilege, license, or identification. | 9991 |
(G) "Forge" means to fabricate or create, in whole or in part | 9992 |
and by any means, any spurious writing, or to make, execute, | 9993 |
alter, complete, reproduce, or otherwise purport to authenticate | 9994 |
any writing, when the writing in fact is not authenticated by that | 9995 |
conduct. | 9996 |
(H) "Utter" means to issue, publish, transfer, use, put or | 9997 |
send into circulation, deliver, or display. | 9998 |
(I) "Coin machine" means any mechanical or electronic device | 9999 |
designed to do both of the following: | 10000 |
(1) Receive a coin, bill, or token made for that purpose; | 10001 |
(2) In return for the insertion or deposit of a coin, bill, | 10002 |
or token, automatically dispense property, provide a service, or | 10003 |
grant a license. | 10004 |
(J) "Slug" means an object that, by virtue of its size, | 10005 |
shape, composition, or other quality, is capable of being inserted | 10006 |
or deposited in a coin machine as an improper substitute for a | 10007 |
genuine coin, bill, or token made for that purpose. | 10008 |
(K) "Theft offense" means any of the following: | 10009 |
(1) A violation of section 2911.01, 2911.02, 2911.11, | 10010 |
2911.12, 2911.13, 2911.31, 2911.32, 2913.02, 2913.03, 2913.04, | 10011 |
2913.041, 2913.05, 2913.06, 2913.11, 2913.21, 2913.31, 2913.32, | 10012 |
2913.33, 2913.34, 2913.40, 2913.42, 2913.43, 2913.44, 2913.45, | 10013 |
2913.47, former section 2913.47 or 2913.48, or section 2913.51, | 10014 |
2915.05, or 2921.41 of the Revised Code; | 10015 |
(2) A violation of an existing or former municipal ordinance | 10016 |
or law of this or any other state, or of the United States, | 10017 |
substantially equivalent to any section listed in division (K)(1) | 10018 |
of this section or a violation of section 2913.41, 2913.81, or | 10019 |
2915.06 of the Revised Code as it existed prior to July 1, 1996; | 10020 |
(3) An offense under an existing or former municipal | 10021 |
ordinance or law of this or any other state, or of the United | 10022 |
States, involving robbery, burglary, breaking and entering, theft, | 10023 |
embezzlement, wrongful conversion, forgery, counterfeiting, | 10024 |
deceit, or fraud; | 10025 |
(4) A conspiracy or attempt to commit, or complicity in | 10026 |
committing, any offense under division (K)(1), (2), or (3) of this | 10027 |
section. | 10028 |
(L) "Computer services" includes, but is not limited to, the | 10029 |
use of a computer system, computer network, computer program, data | 10030 |
that is prepared for computer use, or data that is contained | 10031 |
within a computer system or computer network. | 10032 |
(M) "Computer" means an electronic device that performs | 10033 |
logical, arithmetic, and memory functions by the manipulation of | 10034 |
electronic or magnetic impulses. "Computer" includes, but is not | 10035 |
limited to, all input, output, processing, storage, computer | 10036 |
program, or communication facilities that are connected, or | 10037 |
related, in a computer system or network to an electronic device | 10038 |
of that nature. | 10039 |
(N) "Computer system" means a computer and related devices, | 10040 |
whether connected or unconnected, including, but not limited to, | 10041 |
data input, output, and storage devices, data communications | 10042 |
links, and computer programs and data that make the system capable | 10043 |
of performing specified special purpose data processing tasks. | 10044 |
(O) "Computer network" means a set of related and remotely | 10045 |
connected computers and communication facilities that includes | 10046 |
more than one computer system that has the capability to transmit | 10047 |
among the connected computers and communication facilities through | 10048 |
the use of computer facilities. | 10049 |
(P) "Computer program" means an ordered set of data | 10050 |
representing coded instructions or statements that, when executed | 10051 |
by a computer, cause the computer to process data. | 10052 |
(Q) "Computer software" means computer programs, procedures, | 10053 |
and other documentation associated with the operation of a | 10054 |
computer system. | 10055 |
(R) "Data" means a representation of information, knowledge, | 10056 |
facts, concepts, or instructions that are being or have been | 10057 |
prepared in a formalized manner and that are intended for use in a | 10058 |
computer, computer system, or computer network. For purposes of | 10059 |
section 2913.47 of the Revised Code, "data" has the additional | 10060 |
meaning set forth in division (A) of that section. | 10061 |
(S) "Cable television service" means any services provided by | 10062 |
or through the facilities of any cable television system or other | 10063 |
similar closed circuit coaxial cable communications system, or any | 10064 |
microwave or similar transmission service used in connection with | 10065 |
any cable television system or other similar closed circuit | 10066 |
coaxial cable communications system. | 10067 |
(T) "Gain access" means to approach, instruct, communicate | 10068 |
with, store data in, retrieve data from, or otherwise make use of | 10069 |
any resources of a computer, computer system, or computer network, | 10070 |
or any cable service or cable system both as defined in section | 10071 |
2913.04 of the Revised Code. | 10072 |
(U) "Credit card" includes, but is not limited to, a card, | 10073 |
code, device, or other means of access to a customer's account for | 10074 |
the purpose of obtaining money, property, labor, or services on | 10075 |
credit, or for initiating an electronic fund transfer at a | 10076 |
point-of-sale terminal, an automated teller machine, or a cash | 10077 |
dispensing machine. It also includes a county procurement card | 10078 |
issued under section 301.29 of the Revised Code. | 10079 |
(V) "Electronic fund transfer" has the same meaning as in 92 | 10080 |
Stat. 3728, 15 U.S.C.A. 1693a, as amended. | 10081 |
(W) "Rented property" means personal property in which the | 10082 |
right of possession and use of the property is for a short and | 10083 |
possibly indeterminate term in return for consideration; the | 10084 |
rentee generally controls the duration of possession of the | 10085 |
property, within any applicable minimum or maximum term; and the | 10086 |
amount of consideration generally is determined by the duration of | 10087 |
possession of the property. | 10088 |
(X) "Telecommunication" means the origination, emission, | 10089 |
dissemination, transmission, or reception of data, images, | 10090 |
signals, sounds, or other intelligence or equivalence of | 10091 |
intelligence of any nature over any communications system by any | 10092 |
method, including, but not limited to, a fiber optic, electronic, | 10093 |
magnetic, optical, digital, or analog method. | 10094 |
(Y) "Telecommunications device" means any instrument, | 10095 |
equipment, machine, or other device that facilitates | 10096 |
telecommunication, including, but not limited to, a computer, | 10097 |
computer network, computer chip, computer circuit, scanner, | 10098 |
telephone, cellular telephone, pager, personal communications | 10099 |
device, transponder, receiver, radio, modem, or device that | 10100 |
enables the use of a modem. | 10101 |
(Z) "Telecommunications service" means the providing, | 10102 |
allowing, facilitating, or generating of any form of | 10103 |
telecommunication through the use of a telecommunications device | 10104 |
over a telecommunications system. | 10105 |
(AA) "Counterfeit telecommunications device" means a | 10106 |
telecommunications device that, alone or with another | 10107 |
telecommunications device, has been altered, constructed, | 10108 |
manufactured, or programmed to acquire, intercept, receive, or | 10109 |
otherwise facilitate the use of a telecommunications service or | 10110 |
information service without the authority or consent of the | 10111 |
provider of the telecommunications service or information service. | 10112 |
"Counterfeit telecommunications device" includes, but is not | 10113 |
limited to, a clone telephone, clone microchip, tumbler telephone, | 10114 |
or tumbler microchip; a wireless scanning device capable of | 10115 |
acquiring, intercepting, receiving, or otherwise facilitating the | 10116 |
use of telecommunications service or information service without | 10117 |
immediate detection; or a device, equipment, hardware, or software | 10118 |
designed for, or capable of, altering or changing the electronic | 10119 |
serial number in a wireless telephone. | 10120 |
(BB)(1) "Information service" means, subject to division | 10121 |
(BB)(2) of this section, the offering of a capability for | 10122 |
generating, acquiring, storing, transforming, processing, | 10123 |
retrieving, utilizing, or making available information via | 10124 |
telecommunications, including, but not limited to, electronic | 10125 |
publishing. | 10126 |
(2) "Information service" does not include any use of a | 10127 |
capability of a type described in division (BB)(1) of this section | 10128 |
for the management, control, or operation of a telecommunications | 10129 |
system or the management of a telecommunications service. | 10130 |
(CC) "Elderly person" means a person who is sixty-five years | 10131 |
of age or older. | 10132 |
(DD) "Disabled adult" means a person who is eighteen years of | 10133 |
age or older and has some impairment of body or mind that makes | 10134 |
the person unable to work at any substantially remunerative | 10135 |
employment that the person otherwise would be able to perform and | 10136 |
that will, with reasonable probability, continue for a period of | 10137 |
at least twelve months without any present indication of recovery | 10138 |
from the impairment, or who is eighteen years of age or older and | 10139 |
has been certified as permanently and totally disabled by an | 10140 |
agency of this state or the United States that has the function of | 10141 |
so classifying persons. | 10142 |
(EE) "Firearm" and "dangerous ordnance" have the same | 10143 |
meanings as in section 2923.11 of the Revised Code. | 10144 |
(FF) "Motor vehicle" has the same meaning as in section | 10145 |
4501.01 of the Revised Code. | 10146 |
(GG) "Dangerous drug" has the same meaning as in section | 10147 |
4729.01 of the Revised Code. | 10148 |
(HH) "Drug abuse offense" has the same meaning as in section | 10149 |
2925.01 of the Revised Code. | 10150 |
(II)(1) "Computer hacking" means any of the following: | 10151 |
(a) Gaining access or attempting to gain access to all or | 10152 |
part of a computer, computer system, or a computer network without | 10153 |
express or implied authorization with the intent to defraud or | 10154 |
with intent to commit a crime; | 10155 |
(b) Misusing computer or network services including, but not | 10156 |
limited to, mail transfer programs, file transfer programs, proxy | 10157 |
servers, and web servers by performing functions not authorized by | 10158 |
the owner of the computer, computer system, or computer network or | 10159 |
other person authorized to give consent. As used in this division, | 10160 |
"misuse of computer and network services" includes, but is not | 10161 |
limited to, the unauthorized use of any of the following: | 10162 |
(i) Mail transfer programs to send mail to persons other than | 10163 |
the authorized users of that computer or computer network; | 10164 |
(ii) File transfer program proxy services or proxy servers to | 10165 |
access other computers, computer systems, or computer networks; | 10166 |
(iii) Web servers to redirect users to other web pages or web | 10167 |
servers. | 10168 |
(c)(i) Subject to division (II)(1)(c)(ii) of this section, | 10169 |
using a group of computer programs commonly known as "port | 10170 |
scanners" or "probes" to intentionally access any computer, | 10171 |
computer system, or computer network without the permission of the | 10172 |
owner of the computer, computer system, or computer network or | 10173 |
other person authorized to give consent. The group of computer | 10174 |
programs referred to in this division includes, but is not limited | 10175 |
to, those computer programs that use a computer network to access | 10176 |
a computer, computer system, or another computer network to | 10177 |
determine any of the following: the presence or types of computers | 10178 |
or computer systems on a network; the computer network's | 10179 |
facilities and capabilities; the availability of computer or | 10180 |
network services; the presence or versions of computer software | 10181 |
including, but not limited to, operating systems, computer | 10182 |
services, or computer contaminants; the presence of a known | 10183 |
computer software deficiency that can be used to gain unauthorized | 10184 |
access to a computer, computer system, or computer network; or any | 10185 |
other information about a computer, computer system, or computer | 10186 |
network not necessary for the normal and lawful operation of the | 10187 |
computer initiating the access. | 10188 |
(ii) The group of computer programs referred to in division | 10189 |
(II)(1)(c)(i) of this section does not include standard computer | 10190 |
software used for the normal operation, administration, | 10191 |
management, and test of a computer, computer system, or computer | 10192 |
network including, but not limited to, domain name services, mail | 10193 |
transfer services, and other operating system services, computer | 10194 |
programs commonly called "ping," "tcpdump," and "traceroute" and | 10195 |
other network monitoring and management computer software, and | 10196 |
computer programs commonly known as "nslookup" and "whois" and | 10197 |
other systems administration computer software. | 10198 |
(d) The intentional use of a computer, computer system, or a | 10199 |
computer network in a manner that exceeds any right or permission | 10200 |
granted by the owner of the computer, computer system, or computer | 10201 |
network or other person authorized to give consent. | 10202 |
(2) "Computer hacking" does not include the introduction of a | 10203 |
computer contaminant, as defined in section 2909.02 of the Revised | 10204 |
Code, into a computer, computer system, computer program, or | 10205 |
computer network. | 10206 |
(JJ) "Police dog or horse" | 10207 |
same | 10208 |
(KK) "Anhydrous ammonia" is a compound formed by the | 10209 |
combination of two gaseous elements, nitrogen and hydrogen, in the | 10210 |
manner described in this division. Anhydrous ammonia is one part | 10211 |
nitrogen to three parts hydrogen (NH3). Anhydrous ammonia by | 10212 |
weight is fourteen parts nitrogen to three parts hydrogen, which | 10213 |
is approximately eighty-two per cent nitrogen to eighteen per cent | 10214 |
hydrogen. | 10215 |
(LL) "Assistance dog" has the same meaning as in section | 10216 |
955.011 of the Revised Code. | 10217 |
Sec. 2913.02. (A) No person, with purpose to deprive the | 10218 |
owner of property or services, shall knowingly obtain or exert | 10219 |
control over either the property or services in any of the | 10220 |
following ways: | 10221 |
(1) Without the consent of the owner or person authorized to | 10222 |
give consent; | 10223 |
(2) Beyond the scope of the express or implied consent of the | 10224 |
owner or person authorized to give consent; | 10225 |
(3) By deception; | 10226 |
(4) By threat; | 10227 |
(5) By intimidation. | 10228 |
(B)(1) Whoever violates this section is guilty of theft. | 10229 |
(2) Except as otherwise provided in this division or division | 10230 |
(B)(3), (4), (5), (6), (7), or (8) of this section, a violation of | 10231 |
this section is petty theft, a misdemeanor of the first degree. If | 10232 |
the value of the property or services stolen is five hundred | 10233 |
dollars or more and is less than five thousand dollars or if the | 10234 |
property stolen is any of the property listed in section 2913.71 | 10235 |
of the Revised Code, a violation of this section is theft, a | 10236 |
felony of the fifth degree. If the value of the property or | 10237 |
services stolen is five thousand dollars or more and is less than | 10238 |
one hundred thousand dollars, a violation of this section is grand | 10239 |
theft, a felony of the fourth degree. If the value of the property | 10240 |
or services stolen is one hundred thousand dollars or more and is | 10241 |
less than five hundred thousand dollars, a violation of this | 10242 |
section is aggravated theft, a felony of the third degree. If the | 10243 |
value of the property or services is five hundred thousand dollars | 10244 |
or more and is less than one million dollars, a violation of this | 10245 |
section is aggravated theft, a felony of the second degree. If the | 10246 |
value of the property or services stolen is one million dollars or | 10247 |
more, a violation of this section is aggravated theft of one | 10248 |
million dollars or more, a felony of the first degree. | 10249 |
(3) Except as otherwise provided in division (B)(4), (5), | 10250 |
(6), (7), or (8) of this section, if the victim of the offense is | 10251 |
an elderly person or disabled adult, a violation of this section | 10252 |
is theft from an elderly person or disabled adult, and division | 10253 |
(B)(3) of this section applies. Except as otherwise provided in | 10254 |
this division, theft from an elderly person or disabled adult is a | 10255 |
felony of the fifth degree. If the value of the property or | 10256 |
services stolen is five hundred dollars or more and is less than | 10257 |
five thousand dollars, theft from an elderly person or disabled | 10258 |
adult is a felony of the fourth degree. If the value of the | 10259 |
property or services stolen is five thousand dollars or more and | 10260 |
is less than twenty-five thousand dollars, theft from an elderly | 10261 |
person or disabled adult is a felony of the third degree. If the | 10262 |
value of the property or services stolen is twenty-five thousand | 10263 |
dollars or more and is less than one hundred thousand dollars, | 10264 |
theft from an elderly person or disabled adult is a felony of the | 10265 |
second degree. If the value of the property or services stolen is | 10266 |
one hundred thousand dollars or more, theft from an elderly person | 10267 |
or disabled adult is a felony of the first degree. | 10268 |
(4) If the property stolen is a firearm or dangerous | 10269 |
ordnance, a violation of this section is grand theft, a felony of | 10270 |
the third degree, and there is a presumption in favor of the court | 10271 |
imposing a prison term for the offense. The offender shall serve | 10272 |
the prison term consecutively to any other prison term or | 10273 |
mandatory prison term previously or subsequently imposed upon the | 10274 |
offender. | 10275 |
(5) If the property stolen is a motor vehicle, a violation of | 10276 |
this section is grand theft of a motor vehicle, a felony of the | 10277 |
fourth degree. | 10278 |
(6) If the property stolen is any dangerous drug, a violation | 10279 |
of this section is theft of drugs, a felony of the fourth degree, | 10280 |
or, if the offender previously has been convicted of a felony drug | 10281 |
abuse offense, a felony of the third degree. | 10282 |
(7) If the property stolen is a police dog or horse or | 10283 |
10284 | |
that the property stolen is a police dog or horse or | 10285 |
assistance dog, a violation of this section is theft of a police | 10286 |
dog or horse or | 10287 |
degree. | 10288 |
(8) If the property stolen is anhydrous ammonia, a violation | 10289 |
of this section is theft of anhydrous ammonia, a felony of the | 10290 |
third degree. | 10291 |
(9) In addition to the penalties described in division (B)(2) | 10292 |
of this section, if the offender committed the violation by | 10293 |
causing a motor vehicle to leave the premises of an establishment | 10294 |
at which gasoline is offered for retail sale without the offender | 10295 |
making full payment for gasoline that was dispensed into the fuel | 10296 |
tank of the motor vehicle or into another container, the court may | 10297 |
do one of the following: | 10298 |
(a) Unless division (B)(9)(b) of this section applies, | 10299 |
suspend for not more than six months the offender's driver's | 10300 |
license, probationary driver's license, commercial driver's | 10301 |
license, temporary instruction permit, or nonresident operating | 10302 |
privilege; | 10303 |
(b) If the offender's driver's license, probationary driver's | 10304 |
license, commercial driver's license, temporary instruction | 10305 |
permit, or nonresident operating privilege has previously been | 10306 |
suspended pursuant to division (B)(9)(a) of this section, impose a | 10307 |
class seven suspension of the offender's license, permit, or | 10308 |
privilege from the range specified in division (A)(7) of section | 10309 |
4510.02 of the Revised Code, provided that the suspension shall be | 10310 |
for at least six months. | 10311 |
(C) The sentencing court that suspends an offender's license, | 10312 |
permit, or nonresident operating privilege under division (B)(9) | 10313 |
of this section may grant the offender limited driving privileges | 10314 |
during the period of the suspension in accordance with Chapter | 10315 |
4510. of the Revised Code. | 10316 |
Sec. 2921.321. (A) No person shall knowingly cause, or | 10317 |
attempt to cause, physical harm to a police dog or horse in either | 10318 |
of the following circumstances: | 10319 |
(1) The police dog or horse is assisting a law enforcement | 10320 |
officer in the performance of the officer's official duties at the | 10321 |
time the physical harm is caused or attempted. | 10322 |
(2) The police dog or horse is not assisting a law | 10323 |
enforcement officer in the performance of the officer's official | 10324 |
duties at the time the physical harm is caused or attempted, but | 10325 |
the offender has actual knowledge that the dog or horse is a | 10326 |
police dog or horse. | 10327 |
(B) No person shall recklessly do any of the following: | 10328 |
(1) Taunt, torment, or strike a police dog or horse; | 10329 |
(2) Throw an object or substance at a police dog or horse; | 10330 |
(3) Interfere with or obstruct a police dog or horse, or | 10331 |
interfere with or obstruct a law enforcement officer who is being | 10332 |
assisted by a police dog or horse, in a manner that does any of | 10333 |
the following: | 10334 |
(a) Inhibits or restricts the law enforcement officer's | 10335 |
control of the police dog or horse; | 10336 |
(b) Deprives the law enforcement officer of control of the | 10337 |
police dog or horse; | 10338 |
(c) Releases the police dog or horse from its area of | 10339 |
control; | 10340 |
(d) Enters the area of control of the police dog or horse | 10341 |
without the consent of the law enforcement officer, including | 10342 |
placing food or any other object or substance into that area; | 10343 |
(e) Inhibits or restricts the ability of the police dog or | 10344 |
horse to assist a law enforcement officer. | 10345 |
(4) Engage in any conduct that is likely to cause serious | 10346 |
physical injury or death to a police dog or horse; | 10347 |
(5) If the person is the owner, keeper, or harborer of a dog, | 10348 |
fail to reasonably restrain the dog from taunting, tormenting, | 10349 |
chasing, approaching in a menacing fashion or apparent attitude of | 10350 |
attack, or attempting to bite or otherwise endanger a police dog | 10351 |
or horse that at the time of the conduct is assisting a law | 10352 |
enforcement officer in the performance of the officer's duties or | 10353 |
that the person knows is a police dog or horse. | 10354 |
(C) No person shall knowingly cause, or attempt to cause, | 10355 |
physical harm to | 10356 |
following circumstances: | 10357 |
(1) The | 10358 |
hearing impaired, or mobility impaired person | 10359 |
10360 | |
attempted. | 10361 |
(2) The | 10362 |
or hearing impaired, or mobility impaired person | 10363 |
10364 | |
attempted, but the offender has actual
knowledge that
the dog is | 10365 |
10366 |
(D) No person shall recklessly do any of the following: | 10367 |
(1) Taunt, torment, or strike | 10368 |
(2) Throw an object or substance at | 10369 |
dog; | 10370 |
(3) Interfere with or obstruct | 10371 |
or interfere with or obstruct a blind, deaf or hearing impaired, | 10372 |
or mobility impaired person | 10373 |
is being assisted or served by | 10374 |
manner that does any of the following: | 10375 |
(a) Inhibits or restricts the assisted or served person's | 10376 |
control of the | 10377 |
(b) Deprives the assisted or served person of control of the | 10378 |
10379 |
(c) Releases the | 10380 |
(d) Enters the area of control of the | 10381 |
consent of the assisted or served person, including placing food | 10382 |
or any other object or substance into that area; | 10383 |
(e) Inhibits or restricts the ability of the | 10384 |
assist the assisted or served person. | 10385 |
(4) Engage in any conduct that is likely to cause serious | 10386 |
physical injury or death to | 10387 |
(5) If the person is the owner, keeper, or harborer of a dog, | 10388 |
fail to reasonably restrain the dog from taunting, tormenting, | 10389 |
chasing, approaching in a menacing fashion or apparent attitude of | 10390 |
attack, or attempting to bite or otherwise endanger | 10391 |
assistance dog that at the time of the conduct is assisting or | 10392 |
serving a blind, deaf or hearing impaired, or mobility impaired | 10393 |
person | 10394 |
is | 10395 |
(E)(1) Whoever violates division (A) of this section is | 10396 |
guilty of assaulting a police dog or horse. Except as otherwise | 10397 |
provided in this division, assaulting a police dog or horse is a | 10398 |
misdemeanor of the second degree. If the violation results in the | 10399 |
death of the police dog or horse, assaulting a police dog or horse | 10400 |
is a felony of the third degree. If the violation results in | 10401 |
serious physical harm to the police dog or horse other than its | 10402 |
death, assaulting a police dog or horse is a felony of the fourth | 10403 |
degree. If the violation results in physical harm to the police | 10404 |
dog or horse other than death or serious physical harm, assaulting | 10405 |
a police dog or horse is a misdemeanor of the first degree. | 10406 |
(2) Whoever violates division (B) of this section is guilty | 10407 |
of harassing a police dog or horse. Except as otherwise provided | 10408 |
in this division, harassing a police dog or horse is a misdemeanor | 10409 |
of the second degree. If the violation results in the death of the | 10410 |
police dog or horse, harassing a police dog or horse is a felony | 10411 |
of the third degree. If the violation results in serious physical | 10412 |
harm to the police dog or horse, but does not result in its death, | 10413 |
harassing a police dog or horse, is a felony of the fourth degree. | 10414 |
If the violation results in physical harm to the police dog or | 10415 |
horse, but does not result in its death or in serious physical | 10416 |
harm to it, harassing a police dog or horse is a misdemeanor of | 10417 |
the first degree. | 10418 |
(3) Whoever violates division (C) of this section is guilty | 10419 |
of assaulting | 10420 |
provided in this division, assaulting | 10421 |
is a misdemeanor of the second degree. If the violation results in | 10422 |
the death of the | 10423 |
assistance dog is a felony of the third degree. If the violation | 10424 |
results in
serious physical harm to the | 10425 |
other
than its death, assaulting
| 10426 |
felony of the fourth degree. If the violation results in physical | 10427 |
harm to the | 10428 |
physical
harm, assaulting | 10429 |
misdemeanor of the first degree. | 10430 |
(4) Whoever violates division (D) of this section is guilty | 10431 |
of harassing | 10432 |
provided in this division, harassing | 10433 |
is a misdemeanor of the second degree. If the violation results in | 10434 |
the death of the | 10435 |
assistance dog is a felony of the third degree. If the violation | 10436 |
results in serious physical harm to the | 10437 |
but does not result in its death, harassing | 10438 |
assistance dog is a felony of the fourth degree. If the violation | 10439 |
results in physical harm to the | 10440 |
not result in its death or in serious physical harm to it, | 10441 |
harassing | 10442 |
first degree. | 10443 |
(5) In addition to any other sanction or penalty imposed for | 10444 |
the offense under this section, Chapter 2929., or any other | 10445 |
provision of the Revised Code, whoever violates division (A), (B), | 10446 |
(C), or (D) of this section is responsible for the payment of all | 10447 |
of the following: | 10448 |
(a) Any veterinary bill or bill for medication incurred as a | 10449 |
result of the violation by the police department regarding a | 10450 |
violation of division (A) or (B) of this section or by the blind, | 10451 |
deaf or hearing impaired, or mobility impaired person | 10452 |
10453 | |
assistance dog regarding a violation of division (C) or (D) of | 10454 |
this section; | 10455 |
(b) The cost of any damaged equipment that results from the | 10456 |
violation; | 10457 |
(c) If the violation did not result in the death of the | 10458 |
police dog or horse or the | 10459 |
subject of the violation and if, as a result of that dog or horse | 10460 |
being the subject of the violation, the dog or horse needs further | 10461 |
training or retraining to be able to continue in the capacity of a | 10462 |
police dog or horse or | 10463 |
any further training or retraining of that dog or horse by a law | 10464 |
enforcement officer or by the blind, deaf or hearing impaired, or | 10465 |
mobility impaired person | 10466 |
assisted or served by the | 10467 |
(d) If the violation resulted in the death of the police dog | 10468 |
or horse or the | 10469 |
violation or resulted in serious physical harm to that dog or | 10470 |
horse to the extent that the dog or horse needs to be replaced on | 10471 |
either a temporary or a permanent basis, the cost of replacing | 10472 |
that dog or horse and of any further training of a new police dog | 10473 |
or horse or a new | 10474 |
officer or by the blind, deaf or hearing impaired, or mobility | 10475 |
impaired person | 10476 |
served by the | 10477 |
training is required because of the death of or the serious | 10478 |
physical harm to the dog or horse that was the subject of the | 10479 |
violation. | 10480 |
(F) This section does not apply to a licensed veterinarian | 10481 |
whose conduct is in accordance with Chapter 4741. of the Revised | 10482 |
Code. | 10483 |
(G) This section only applies to an offender who knows or | 10484 |
should know at the time of the violation that the police dog or | 10485 |
horse or | 10486 |
under this section is a police dog or horse or | 10487 |
assistance dog. | 10488 |
(H) As used in this section: | 10489 |
(1) "Physical harm" means any injury, illness, or other | 10490 |
physiological impairment, regardless of its gravity or duration. | 10491 |
(2) "Police dog or horse" means a dog or horse that has been | 10492 |
trained, and may be used, to assist law enforcement officers in | 10493 |
the performance of their official duties. | 10494 |
(3) "Serious physical harm" means any of the following: | 10495 |
(a) Any physical harm that carries a substantial risk of | 10496 |
death; | 10497 |
(b) Any physical harm that causes permanent maiming or that | 10498 |
involves some temporary, substantial maiming; | 10499 |
(c) Any physical harm that causes acute pain of a duration | 10500 |
that results in substantial suffering. | 10501 |
(4)
" | 10502 |
10503 | |
10504 | |
10505 | |
10506 | |
10507 |
| 10508 |
same meanings as in section 955.011 of the Revised Code. | 10509 |
Sec. 2923.46. (A) If property is seized pursuant to section | 10510 |
2923.44 or 2923.45 of the Revised Code, it is considered to be in | 10511 |
the custody of the head of the law enforcement agency that seized | 10512 |
it, and the head of that agency may do any of the following with | 10513 |
respect to that property prior to its disposition in accordance | 10514 |
with division (A)(4) or (B) of this section: | 10515 |
(1) Place the property under seal; | 10516 |
(2) Remove the property to a place that the head of that | 10517 |
agency designates; | 10518 |
(3) Request the issuance of a court order that requires any | 10519 |
other appropriate municipal corporation, county, township, park | 10520 |
district created pursuant to section 511.18 or 1545.01 of the | 10521 |
Revised Code, or state law enforcement officer or other officer to | 10522 |
take custody of the property and, if practicable, remove it to an | 10523 |
appropriate location for eventual disposition in accordance with | 10524 |
division (B) of this section; | 10525 |
(4)(a) Seek forfeiture of the property pursuant to federal | 10526 |
law. If the head of that agency seeks its forfeiture pursuant to | 10527 |
federal law, the law enforcement agency shall deposit, use, and | 10528 |
account for proceeds from a sale of the property upon its | 10529 |
forfeiture, proceeds from another disposition of the property upon | 10530 |
its forfeiture, or forfeited moneys it receives, in accordance | 10531 |
with the applicable federal law and otherwise shall comply with | 10532 |
that law. | 10533 |
(b) If the state highway patrol seized the property and if | 10534 |
the superintendent of the state highway patrol seeks its | 10535 |
forfeiture pursuant to federal law, the appropriate governmental | 10536 |
officials shall deposit | 10537 |
10538 | |
earnings derived from the investment of the proceeds from a sale | 10539 |
of the property upon its forfeiture, the proceeds from another | 10540 |
disposition of the property upon its forfeiture, or the forfeited | 10541 |
moneys into the highway patrol justice contraband fund or the | 10542 |
highway patrol treasury contraband fund, as applicable. The state | 10543 |
highway patrol shall use and account for that interest or other | 10544 |
earnings in accordance with the applicable federal law. | 10545 |
(c) Division (B) of this section and divisions (D)(1) to (3) | 10546 |
of section 2933.43 of the Revised Code do not apply to proceeds or | 10547 |
forfeited moneys received pursuant to federal law or to the | 10548 |
interest or other earnings that are derived from the investment of | 10549 |
proceeds or forfeited moneys received pursuant to federal law and | 10550 |
that are described in division (A)(4)(b) of this section. | 10551 |
(B) In addition to complying with any requirements imposed by | 10552 |
a court pursuant to section 2923.44 or 2923.45 of the Revised | 10553 |
Code, and the requirements imposed by those sections, in relation | 10554 |
to the disposition of property forfeited to the state under either | 10555 |
of those sections, the prosecuting attorney who is responsible for | 10556 |
its disposition shall dispose of the property as follows: | 10557 |
(1) Any vehicle that was used in a violation of section | 10558 |
2923.42 of the Revised Code or in an act of a juvenile that is a | 10559 |
violation of section 2923.42 of the Revised Code shall be given to | 10560 |
the law enforcement agency of the municipal corporation or county | 10561 |
in which the offense or act occurred if that agency desires to | 10562 |
have the vehicle, except that, if the offense or act occurred in a | 10563 |
township or in a park district created pursuant to section 511.18 | 10564 |
or 1545.01 of the Revised Code and a law enforcement officer | 10565 |
employed by the township or the park district was involved in the | 10566 |
seizure of the vehicle, the vehicle may be given to the law | 10567 |
enforcement agency of that township or park district if that | 10568 |
agency desires to have the vehicle, and except that, if the state | 10569 |
highway patrol made the seizure of the vehicle, the vehicle may be | 10570 |
given to the state highway patrol if it desires to have the | 10571 |
vehicle. | 10572 |
(2) Drugs shall be disposed of pursuant to section 3719.11 of | 10573 |
the Revised Code or placed in the custody of the secretary of the | 10574 |
treasury of the United States for disposal or use for medical or | 10575 |
scientific purposes under applicable federal law. | 10576 |
(3) Firearms and dangerous ordnance suitable for police work | 10577 |
may be given to a law enforcement agency for that purpose. | 10578 |
Firearms suitable for sporting use, or as museum pieces or | 10579 |
collectors' items, may be disposed of by sale pursuant to division | 10580 |
(B)(7) of this section. Other firearms and dangerous ordnance | 10581 |
shall be destroyed by a law enforcement agency or shall be sent to | 10582 |
the bureau of criminal identification and investigation for | 10583 |
destruction by it. | 10584 |
(4) Computers, computer networks, computer systems, and | 10585 |
computer software suitable for police work may be given to a law | 10586 |
enforcement agency for that purpose. Other computers, computer | 10587 |
networks, computer systems, and computer software shall be | 10588 |
disposed of by sale pursuant to division (B)(7) of this section or | 10589 |
disposed of in another manner that the court that issued the order | 10590 |
of forfeiture considers proper under the circumstances. | 10591 |
(5) Obscene materials shall be destroyed. | 10592 |
(6) Beer, intoxicating liquor, and alcohol shall be disposed | 10593 |
of in accordance with division (D)(4) of section 2933.41 of the | 10594 |
Revised Code. | 10595 |
(7) In the case of property not described in divisions (B)(1) | 10596 |
to (6) of this section and of property described in those | 10597 |
divisions but not disposed of pursuant to them, the property shall | 10598 |
be sold in accordance with division (B)(7) of this section or, in | 10599 |
the case of forfeited moneys, disposed of in accordance with | 10600 |
division (B)(7) of this section. If the property is to be sold, | 10601 |
the prosecuting attorney shall cause a notice of the proposed sale | 10602 |
of the property to be given in accordance with law, and the | 10603 |
property shall be sold, without appraisal, at a public auction to | 10604 |
the highest bidder for cash. The proceeds of a sale and forfeited | 10605 |
moneys shall be applied in the following order: | 10606 |
(a) First, to the payment of the costs incurred in connection | 10607 |
with the seizure of, storage of, maintenance of, and provision of | 10608 |
security for the property, the forfeiture proceeding or civil | 10609 |
action, and, if any, the sale; | 10610 |
(b) Second, the remaining proceeds or forfeited moneys after | 10611 |
compliance with division (B)(7)(a) of this section, to the payment | 10612 |
of the value of any legal right, title, or interest in the | 10613 |
property that is possessed by a person who, pursuant to division | 10614 |
(F) of section 2923.44 of the Revised Code or division (E) of | 10615 |
section 2923.45 of the Revised Code, established the validity of | 10616 |
and consequently preserved that legal right, title, or interest, | 10617 |
including, but not limited to, any mortgage, perfected or other | 10618 |
security interest, or other lien in the property. The value of | 10619 |
these rights, titles, or interests shall be paid according to | 10620 |
their record or other order of priority. | 10621 |
(c) Third, the remaining proceeds or forfeited moneys after | 10622 |
compliance with divisions (B)(7)(a) and (b) of this section, as | 10623 |
follows: | 10624 |
(i) If the forfeiture was ordered in a juvenile court, ten | 10625 |
per cent to one or more alcohol and drug addiction treatment | 10626 |
programs that are certified by the department of alcohol and drug | 10627 |
addiction services under section 3793.06 of the Revised Code and | 10628 |
that are specified in the order of forfeiture. A juvenile court | 10629 |
shall not specify an alcohol or drug addiction treatment program | 10630 |
in the order of forfeiture unless the program is a certified | 10631 |
alcohol and drug addiction treatment program and, except as | 10632 |
provided in division (B)(7)(c)(i) of this section, unless the | 10633 |
program is located in the county in which the court that orders | 10634 |
the forfeiture is located or in a contiguous county. If no | 10635 |
certified alcohol and drug addiction treatment program is located | 10636 |
in any of those counties, the juvenile court may specify in the | 10637 |
order a certified alcohol and drug addiction treatment program | 10638 |
located anywhere within this state. | 10639 |
(ii) If the forfeiture was ordered in a juvenile court, | 10640 |
ninety per cent, and if the forfeiture was ordered in a court | 10641 |
other than a juvenile court, one hundred per cent to appropriate | 10642 |
funds in accordance with divisions (D)(1)(c) and (2) of section | 10643 |
2933.43 of the Revised Code. The remaining proceeds or forfeited | 10644 |
moneys so deposited shall be used only for the purposes authorized | 10645 |
by those divisions and division (D)(3)(a)(ii) of that section. | 10646 |
(C)(1) Sections 2923.44 to 2923.47 of the Revised Code do not | 10647 |
preclude a financial institution that possessed a valid mortgage, | 10648 |
security interest, or lien that is not satisfied prior to a sale | 10649 |
under division (B)(7) of this section or following a sale by | 10650 |
application of division (B)(7)(b) of this section, from commencing | 10651 |
a civil action in any appropriate court in this or another state | 10652 |
to obtain a deficiency judgment against the debtor if the | 10653 |
financial institution otherwise would have been entitled to do so | 10654 |
in this or another state. | 10655 |
(2) Any law enforcement agency that obtains any vehicle | 10656 |
pursuant to division (B)(1) of this section shall take the vehicle | 10657 |
subject to the outstanding amount of any security interest or lien | 10658 |
that attaches to the vehicle. | 10659 |
(3) Nothing in this section impairs a mortgage, security | 10660 |
interest, lien, or other interest of a financial institution in | 10661 |
property that was the subject of a forfeiture order under section | 10662 |
2923.44 or 2923.45 of the Revised Code and that was sold or | 10663 |
otherwise disposed of in a manner that does not conform to the | 10664 |
requirements of division (B) of this section, or any right of a | 10665 |
financial institution of that nature to commence a civil action in | 10666 |
any appropriate court in this or another state to obtain a | 10667 |
deficiency judgment against the debtor. | 10668 |
(4) Following the sale under division (B)(7) of this section | 10669 |
of any property that is required to be titled or registered under | 10670 |
the law of this state, the prosecuting attorney responsible for | 10671 |
the disposition of the property shall cause the state to issue an | 10672 |
appropriate certificate of title or registration to the purchaser | 10673 |
of the property. If, in a disposition of property pursuant to | 10674 |
division (B) of this section, the state or a political subdivision | 10675 |
is given any property that is required to be titled or registered | 10676 |
under the law of this state, the prosecuting attorney responsible | 10677 |
for the disposition of the property shall cause the state to issue | 10678 |
an appropriate certificate of title or registration to itself or | 10679 |
to the political subdivision. | 10680 |
(D) Property that has been forfeited to the state pursuant to | 10681 |
an order of criminal forfeiture under section 2923.44 of the | 10682 |
Revised Code or an order of civil forfeiture under section 2923.45 | 10683 |
of the Revised Code shall not be available for use to pay any fine | 10684 |
imposed upon a person who is convicted of or pleads guilty to a | 10685 |
violation of section 2923.42 of the Revised Code or upon a | 10686 |
juvenile who is found by a juvenile court to be a delinquent child | 10687 |
for an act that is a violation of section 2923.42 of the Revised | 10688 |
Code. | 10689 |
(E) Sections 2923.44 to 2923.47 of the Revised Code do not | 10690 |
prohibit a law enforcement officer from seeking the forfeiture of | 10691 |
contraband associated with a violation of section 2923.42 of the | 10692 |
Revised Code pursuant to section 2933.43 of the Revised Code. | 10693 |
Sec. 2925.44. (A) If property is seized pursuant to section | 10694 |
2925.42 or 2925.43 of the Revised Code, it is deemed to be in the | 10695 |
custody of the head of the law enforcement agency that seized it, | 10696 |
and the head of that agency may do any of the following with | 10697 |
respect to that property prior to its disposition in accordance | 10698 |
with division (A)(4) or (B) of this section: | 10699 |
(1) Place the property under seal; | 10700 |
(2) Remove the property to a place that the head of that | 10701 |
agency designates; | 10702 |
(3) Request the issuance of a court order that requires any | 10703 |
other appropriate municipal corporation, county, township, park | 10704 |
district created pursuant to section 511.18 or 1545.01 of the | 10705 |
Revised Code, or state law enforcement officer or other officer to | 10706 |
take custody of the property and, if practicable, remove it to an | 10707 |
appropriate location for eventual disposition in accordance with | 10708 |
division (B) of this section; | 10709 |
(4)(a) Seek forfeiture of the property pursuant to federal | 10710 |
law. If the head of that agency seeks its forfeiture pursuant to | 10711 |
federal law, the law enforcement agency shall deposit, use, and | 10712 |
account for proceeds from a sale of the property upon its | 10713 |
forfeiture, proceeds from another disposition of the property upon | 10714 |
its forfeiture, or forfeited moneys it receives, in accordance | 10715 |
with the applicable federal law and otherwise shall comply with | 10716 |
that law. | 10717 |
(b) If the state highway patrol seized the property and if | 10718 |
the superintendent of the state highway patrol seeks its | 10719 |
forfeiture pursuant to federal law, the appropriate governmental | 10720 |
officials shall deposit | 10721 |
10722 | |
earnings derived from the investment of the proceeds from a sale | 10723 |
of the property upon its forfeiture, the proceeds from another | 10724 |
disposition of the property upon its forfeiture, or the forfeited | 10725 |
moneys into the highway patrol justice contraband fund or the | 10726 |
highway patrol treasury contraband fund, as applicable. The state | 10727 |
highway patrol shall use and account for that interest or other | 10728 |
earnings in accordance with the applicable federal law. | 10729 |
(c) If the investigative unit of the department of public | 10730 |
safety seized the property and if the director of public safety | 10731 |
seeks its forfeiture pursuant to federal law, the appropriate | 10732 |
governmental officials shall deposit into the department of public | 10733 |
safety investigative unit federal equitable share account fund all | 10734 |
interest or other earnings derived from the investment of the | 10735 |
proceeds from a sale of the property upon its forfeiture, the | 10736 |
proceeds from another disposition of the property upon its | 10737 |
forfeiture, or the forfeited moneys. The department shall use and | 10738 |
account for that interest or other earnings in accordance with the | 10739 |
applicable federal law. | 10740 |
(d) If the enforcement division of the department of taxation | 10741 |
seized the property and if the tax commissioner seeks its | 10742 |
forfeiture pursuant to federal law, the appropriate governmental | 10743 |
officials shall deposit into the department of taxation | 10744 |
enforcement fund all interest or other earnings derived from the | 10745 |
investment of the proceeds from a sale of the property upon its | 10746 |
forfeiture, the proceeds from another disposition of the property | 10747 |
upon its forfeiture, or the forfeited moneys. The department shall | 10748 |
use and account for that interest or other earnings in accordance | 10749 |
with the applicable federal law. | 10750 |
(e) Division (B) of this section and divisions (D)(1) to (3) | 10751 |
of section 2933.43 of the Revised Code do not apply to proceeds or | 10752 |
forfeited moneys received pursuant to federal law or to the | 10753 |
interest or other earnings that are derived from the investment of | 10754 |
proceeds or forfeited moneys received pursuant to federal law and | 10755 |
that are described in division (A)(4)(b) or (d) of this section. | 10756 |
(B) In addition to complying with any requirements imposed by | 10757 |
a court pursuant to section 2925.42 or 2925.43 of the Revised | 10758 |
Code, and the requirements imposed by those sections, in relation | 10759 |
to the disposition of property forfeited to the state under either | 10760 |
of those sections, the prosecuting attorney who is responsible for | 10761 |
its disposition shall dispose of the property as follows: | 10762 |
(1) Any vehicle, as defined in section 4501.01 of the Revised | 10763 |
Code, that was used in a felony drug abuse offense or in an act | 10764 |
that, if committed by an adult, would be a felony drug abuse | 10765 |
offense shall be given to the law enforcement agency of the | 10766 |
municipal corporation or county in which the offense occurred if | 10767 |
that agency desires to have the vehicle, except that, if the | 10768 |
offense occurred in a township or in a park district created | 10769 |
pursuant to section 511.18 or 1545.01 of the Revised Code and a | 10770 |
law enforcement officer employed by the township or the park | 10771 |
district was involved in the seizure of the vehicle, the vehicle | 10772 |
may be given to the law enforcement agency of that township or | 10773 |
park district if that agency desires to have the vehicle, and | 10774 |
except that, if the state highway patrol made the seizure of the | 10775 |
vehicle, the vehicle may be given to the state highway patrol if | 10776 |
it desires to have the vehicle. | 10777 |
(2) Any drug paraphernalia that was used, possessed, sold, or | 10778 |
manufactured in a violation of section 2925.14 of the Revised Code | 10779 |
that would be a felony drug abuse offense or in a violation of | 10780 |
that section committed by a juvenile that, if committed by an | 10781 |
adult, would be a felony drug abuse offense, may be given to the | 10782 |
law enforcement agency of the municipal corporation or county in | 10783 |
which the offense occurred if that agency desires to have and can | 10784 |
use the drug paraphernalia, except that, if the offense occurred | 10785 |
in a township or in a park district created pursuant to section | 10786 |
511.18 or 1545.01 of the Revised Code and a law enforcement | 10787 |
officer employed by the township or the park district was involved | 10788 |
in the seizure of the drug paraphernalia, the drug paraphernalia | 10789 |
may be given to the law enforcement agency of that township or | 10790 |
park district if that agency desires to have and can use the drug | 10791 |
paraphernalia. If the drug paraphernalia is not so given, it shall | 10792 |
be disposed of by sale pursuant to division (B)(8) of this section | 10793 |
or disposed of in another manner that the court that issued the | 10794 |
order of forfeiture considers proper under the circumstances. | 10795 |
(3) Drugs shall be disposed of pursuant to section 3719.11 of | 10796 |
the Revised Code or placed in the custody of the secretary of the | 10797 |
treasury of the United States for disposal or use for medical or | 10798 |
scientific purposes under applicable federal law. | 10799 |
(4) Firearms and dangerous ordnance suitable for police work | 10800 |
may be given to a law enforcement agency for that purpose. | 10801 |
Firearms suitable for sporting use, or as museum pieces or | 10802 |
collectors' items, may be disposed of by sale pursuant to division | 10803 |
(B)(8) of this section. Other firearms and dangerous ordnance | 10804 |
shall be destroyed by a law enforcement agency or shall be sent to | 10805 |
the bureau of criminal identification and investigation for | 10806 |
destruction by it. As used in this division, "firearms" and | 10807 |
"dangerous ordnance" have the same meanings as in section 2923.11 | 10808 |
of the Revised Code. | 10809 |
(5) Computers, computer networks, computer systems, and | 10810 |
computer software suitable for police work may be given to a law | 10811 |
enforcement agency for that purpose. Other computers, computer | 10812 |
networks, computer systems, and computer software shall be | 10813 |
disposed of by sale pursuant to division (B)(8) of this section or | 10814 |
disposed of in another manner that the court that issued the order | 10815 |
of forfeiture considers proper under the circumstances. As used in | 10816 |
this division, "computers," "computer networks," "computer | 10817 |
systems," and "computer software" have the same meanings as in | 10818 |
section 2913.01 of the Revised Code. | 10819 |
(6) Obscene materials shall be destroyed. | 10820 |
(7) Beer, intoxicating liquor, and alcohol shall be disposed | 10821 |
of in accordance with division (D)(4) of section 2933.41 of the | 10822 |
Revised Code. | 10823 |
(8) In the case of property not described in divisions (B)(1) | 10824 |
to (7) of this section and of property described in those | 10825 |
divisions but not disposed of pursuant to them, the property shall | 10826 |
be sold in accordance with division (B)(8) of this section or, in | 10827 |
the case of forfeited moneys, disposed of in accordance with | 10828 |
division (B)(8) of this section. If the property is to be sold, | 10829 |
the prosecuting attorney shall cause a notice of the proposed sale | 10830 |
of the property to be given in accordance with law, and the | 10831 |
property shall be sold, without appraisal, at a public auction to | 10832 |
the highest bidder for cash. The proceeds of a sale and forfeited | 10833 |
moneys shall be applied in the following order: | 10834 |
(a) First, to the payment of the costs incurred in connection | 10835 |
with the seizure of, storage of, maintenance of, and provision of | 10836 |
security for the property, the forfeiture proceeding or civil | 10837 |
action, and, if any, the sale; | 10838 |
(b) Second, the remaining proceeds or forfeited moneys after | 10839 |
compliance with division (B)(8)(a) of this section, to the payment | 10840 |
of the value of any legal right, title, or interest in the | 10841 |
property that is possessed by a person who, pursuant to division | 10842 |
(F) of section 2925.42 of the Revised Code or division (E) of | 10843 |
section 2925.43 of the Revised Code, established the validity of | 10844 |
and consequently preserved that legal right, title, or interest, | 10845 |
including, but not limited to, any mortgage, perfected or other | 10846 |
security interest, or other lien in the property. The value of | 10847 |
these rights, titles, or interests shall be paid according to | 10848 |
their record or other order of priority. | 10849 |
(c) Third, the remaining proceeds or forfeited moneys after | 10850 |
compliance with divisions (B)(8)(a) and (b) of this section, as | 10851 |
follows: | 10852 |
(i) If the forfeiture was ordered in a juvenile court, ten | 10853 |
per cent to one or more alcohol and drug addiction treatment | 10854 |
programs that are certified by the department of alcohol and drug | 10855 |
addiction services under section 3793.06 of the Revised Code and | 10856 |
that are specified in the order of forfeiture. A juvenile court | 10857 |
shall not specify an alcohol or drug addiction treatment program | 10858 |
in the order of forfeiture unless the program is a certified | 10859 |
alcohol and drug addiction treatment program and, except as | 10860 |
provided in division (B)(8)(c)(i) of this section, unless the | 10861 |
program is located in the county in which the court that orders | 10862 |
the forfeiture is located or in a contiguous county. If no | 10863 |
certified alcohol and drug addiction treatment program is located | 10864 |
in any of those counties, the juvenile court may specify in the | 10865 |
order a certified alcohol and drug addiction treatment program | 10866 |
located anywhere within this state. | 10867 |
(ii) If the forfeiture was ordered in a juvenile court, | 10868 |
ninety per cent, and if the forfeiture was ordered in a court | 10869 |
other than a juvenile court, one hundred per cent to appropriate | 10870 |
funds in accordance with divisions (D)(1)(c) and (2) of section | 10871 |
2933.43 of the Revised Code. The remaining proceeds or forfeited | 10872 |
moneys so deposited shall be used only for the purposes authorized | 10873 |
by those divisions and division (D)(3)(a)(ii) of that section. | 10874 |
(C)(1) Sections 2925.41 to 2925.45 of the Revised Code do not | 10875 |
preclude a financial institution that possessed a valid mortgage, | 10876 |
security interest, or lien that is not satisfied prior to a sale | 10877 |
under division (B)(8) of this section or following a sale by | 10878 |
application of division (B)(8)(b) of this section, from commencing | 10879 |
a civil action in any appropriate court in this or another state | 10880 |
to obtain a deficiency judgment against the debtor if the | 10881 |
financial institution otherwise would have been entitled to do so | 10882 |
in this or another state. | 10883 |
(2) Any law enforcement agency that obtains any vehicle | 10884 |
pursuant to division (B)(1) of this section shall take the vehicle | 10885 |
subject to the outstanding amount of any security interest or lien | 10886 |
that attaches to the vehicle. | 10887 |
(3) Nothing in this section impairs a mortgage, security | 10888 |
interest, lien, or other interest of a financial institution in | 10889 |
property that was the subject of a forfeiture order under section | 10890 |
2925.42 or 2925.43 of the Revised Code and that was sold or | 10891 |
otherwise disposed of in a manner that does not conform to the | 10892 |
requirements of division (B) of this section, or any right of a | 10893 |
financial institution of that nature to commence a civil action in | 10894 |
any appropriate court in this or another state to obtain a | 10895 |
deficiency judgment against the debtor. | 10896 |
(4) Following the sale under division (B)(8) of this section | 10897 |
of any property that is required to be titled or registered under | 10898 |
the law of this state, the prosecuting attorney responsible for | 10899 |
the disposition of the property shall cause the state to issue an | 10900 |
appropriate certificate of title or registration to the purchaser | 10901 |
of the property. Additionally, if, in a disposition of property | 10902 |
pursuant to division (B) of this section, the state or a political | 10903 |
subdivision is given any property that is required to be titled or | 10904 |
registered under the law of this state, the prosecuting attorney | 10905 |
responsible for the disposition of the property shall cause the | 10906 |
state to issue an appropriate certificate of title or registration | 10907 |
to itself or to the political subdivision. | 10908 |
(D) Property that has been forfeited to the state pursuant to | 10909 |
an order of criminal forfeiture under section 2925.42 of the | 10910 |
Revised Code or an order of civil forfeiture under section 2925.43 | 10911 |
of the Revised Code shall not be available for use to pay any fine | 10912 |
imposed upon a person who is convicted of or pleads guilty to a | 10913 |
felony drug abuse offense or upon any juvenile who is found by a | 10914 |
juvenile court to be a delinquent child for an act that, if | 10915 |
committed by an adult, would be a felony drug abuse offense. | 10916 |
(E) Sections 2925.41 to 2925.45 of the Revised Code do not | 10917 |
prohibit a law enforcement officer from seeking the forfeiture of | 10918 |
contraband associated with a felony drug abuse offense pursuant to | 10919 |
section 2933.43 of the Revised Code. | 10920 |
Sec. 2933.43. (A)(1) Except as provided in this division or | 10921 |
in section 2913.34 or sections 2923.44 to 2923.47 or 2925.41 to | 10922 |
2925.45 of the Revised Code, a law enforcement officer shall seize | 10923 |
any contraband that has been, is being, or is intended to be used | 10924 |
in violation of division (A) of section 2933.42 of the Revised | 10925 |
Code. A law enforcement officer shall seize contraband that is a | 10926 |
watercraft, motor vehicle, or aircraft and that has been, is | 10927 |
being, or is intended to be used in violation of division (A) of | 10928 |
section 2933.42 of the Revised Code only if the watercraft, motor | 10929 |
vehicle, or aircraft is contraband because of its relationship to | 10930 |
an underlying criminal offense that is a felony. | 10931 |
Additionally, a law enforcement officer shall seize any | 10932 |
watercraft, motor vehicle, aircraft, or other personal property | 10933 |
that is classified as contraband under division (B) of section | 10934 |
2933.42 of the Revised Code if the underlying offense involved in | 10935 |
the violation of division (A) of that section that resulted in the | 10936 |
watercraft, motor vehicle, aircraft, or personal property being | 10937 |
classified as contraband, is a felony. | 10938 |
(2) If a law enforcement officer seizes property that is | 10939 |
titled or registered under law, including a motor vehicle, | 10940 |
pursuant to division (A)(1) of this section, the officer or the | 10941 |
officer's employing law enforcement agency shall notify the owner | 10942 |
of the seizure. The notification shall be given to the owner at | 10943 |
the owner's last known address within seventy-two hours after the | 10944 |
seizure, and may be given orally by any means, including | 10945 |
telephone, or by certified mail, return receipt requested. | 10946 |
If the officer or the officer's agency is unable to provide | 10947 |
the notice required by this division despite reasonable, good | 10948 |
faith efforts to do so, the exercise of the reasonable, good faith | 10949 |
efforts constitutes fulfillment of the notice requirement imposed | 10950 |
by this division. | 10951 |
(B)(1) A motor vehicle seized pursuant to division (A)(1) of | 10952 |
this section and the contents of the vehicle may be retained for a | 10953 |
reasonable period of time, not to exceed seventy-two hours, for | 10954 |
the purpose of inspection, investigation, and the gathering of | 10955 |
evidence of any offense or illegal use. | 10956 |
At any time prior to the expiration of the seventy-two-hour | 10957 |
period, the law enforcement agency that seized the motor vehicle | 10958 |
may petition the court of common pleas of the county that has | 10959 |
jurisdiction over the underlying criminal case or administrative | 10960 |
proceeding involved in the forfeiture for an extension of the | 10961 |
seventy-two-hour period if the motor vehicle or its contents are | 10962 |
needed as evidence or if additional time is needed for the | 10963 |
inspection, investigation, or gathering of evidence. Upon the | 10964 |
filing of such a petition, the court immediately shall schedule a | 10965 |
hearing to be held at a time as soon as possible after the filing, | 10966 |
but in no event at a time later than the end of the next business | 10967 |
day subsequent to the day on which the petition was filed, and | 10968 |
upon scheduling the hearing, immediately shall notify the owner of | 10969 |
the vehicle, at the address at which notification of the seizure | 10970 |
was provided under division (A) of this section, of the date, | 10971 |
time, and place of the hearing. If the court, at the hearing, | 10972 |
determines that the vehicle or its contents, or both, are needed | 10973 |
as evidence or that additional time is needed for the inspection, | 10974 |
investigation, or gathering of evidence, the court may grant the | 10975 |
petition and issue an order authorizing the retention of the | 10976 |
vehicle or its contents, or both, for an extended period as | 10977 |
specified by the court in its order. An order extending a period | 10978 |
of retention issued under this division may be renewed. | 10979 |
If no petition for the extension of the initial | 10980 |
seventy-two-hour period has been filed, prior to the expiration of | 10981 |
that period, under this division, if the vehicle was not in the | 10982 |
custody and control of the owner at the time of its seizure, and | 10983 |
if, at the end of that seventy-two-hour period, the owner of the | 10984 |
vehicle has not been charged with an offense or administrative | 10985 |
violation that includes the use of the vehicle as an element and | 10986 |
has not been charged with any other offense or administrative | 10987 |
violation in the actual commission of which the motor vehicle was | 10988 |
used, the vehicle and its contents shall be released to its owner | 10989 |
or the owner's agent, provided that the law enforcement agency | 10990 |
that seized the vehicle may require proof of ownership of the | 10991 |
vehicle, proof of ownership or legal possession of the contents, | 10992 |
and an affidavit of the owner that the owner neither knew of nor | 10993 |
expressly or impliedly consented to the use of the vehicle that | 10994 |
resulted in its forfeiture as conditions precedent to release. If | 10995 |
a petition for the extension of the initial seventy-two-hour | 10996 |
period has been filed, prior to the expiration of that period, | 10997 |
under this division but the court does not grant the petition, if | 10998 |
the vehicle was not in the custody and control of the owner at the | 10999 |
time of its seizure, and if, at the end of that seventy-two-hour | 11000 |
period, the owner of the vehicle has not been charged with an | 11001 |
offense or administrative violation that includes the use of the | 11002 |
vehicle as an element and has not been charged with any other | 11003 |
offense or administrative violation in the actual commission of | 11004 |
which the motor vehicle was used, the vehicle and its contents | 11005 |
shall be released to its owner or the owner's agent, provided that | 11006 |
the court may require the proof and affidavit described in the | 11007 |
preceding sentence as conditions precedent to release. If the | 11008 |
initial seventy-two-hour period has been extended under this | 11009 |
division, the vehicle and its contents to which the extension | 11010 |
applies may be retained in accordance with the extension order. | 11011 |
If, at the end of that extended period, the owner of the vehicle | 11012 |
has not been charged with an offense or administrative violation | 11013 |
that includes the use of the vehicle as an element and has not | 11014 |
been charged with any other offense or administrative violation in | 11015 |
the actual commission of which the motor vehicle was used, and if | 11016 |
the vehicle was not in the custody and control of the owner at the | 11017 |
time of its seizure, the vehicle and its contents shall be | 11018 |
released to its owner or the owner's agent, provided that the | 11019 |
court may require the proof and affidavit described in the third | 11020 |
preceding sentence as conditions precedent to release. In cases in | 11021 |
which the court may require proof and affidavits as conditions | 11022 |
precedent to release, the court also may require the posting of a | 11023 |
bond, with sufficient sureties approved by the court, in an amount | 11024 |
equal to the value of the property to be released, as determined | 11025 |
by the court, and conditioned upon the return of the property to | 11026 |
the court if it is forfeited under this section, as a further | 11027 |
condition to release. If, at the end of the initial | 11028 |
seventy-two-hour period or at the end of any extended period | 11029 |
granted under this section, the owner has been charged with an | 11030 |
offense or administrative violation that includes the use of the | 11031 |
vehicle as an element or has been charged with another offense or | 11032 |
administrative violation in the actual commission of which the | 11033 |
motor vehicle was used, or if the vehicle was in the custody and | 11034 |
control of the owner at the time of its seizure, the vehicle and | 11035 |
its contents shall be retained pending disposition of the charge, | 11036 |
provided that upon the filing of a motion for release by the | 11037 |
owner, if the court determines that the motor vehicle or its | 11038 |
contents, or both, are not needed as evidence in the underlying | 11039 |
criminal case or administrative proceeding, the court may permit | 11040 |
the release of the property that is not needed as evidence to the | 11041 |
owner; as a condition precedent to a release of that nature, the | 11042 |
court may require the owner to execute a bond with the court. Any | 11043 |
bond so required shall be in an amount equal to the value of the | 11044 |
property to be released, as determined by the court, shall have | 11045 |
sufficient sureties approved by the court, and shall be | 11046 |
conditioned upon the return of the property to the court to which | 11047 |
it is forfeited under this section. | 11048 |
The final disposition of a motor vehicle seized pursuant to | 11049 |
division (A)(1) of this section shall be determined in accordance | 11050 |
with division (C) of this section. | 11051 |
(2) Pending a hearing pursuant to division (C) of this | 11052 |
section, and subject to divisions (B)(1) and (C) of this section, | 11053 |
any property lawfully seized pursuant to division (A) of this | 11054 |
section because it was contraband of a type described in division | 11055 |
(A)(13)(b), (d), (e), (f), (g), (h), (i), or (j) of section | 11056 |
2901.01 of the Revised Code shall not be subject to replevin or | 11057 |
other action in any court and shall not be subject to release upon | 11058 |
request of the owner, and no judgment shall be enforced against | 11059 |
the property. Pending the hearing, and subject to divisions (B)(1) | 11060 |
and (C) of this section, the property shall be kept in the custody | 11061 |
of the law enforcement agency responsible for its seizure. | 11062 |
Pending a hearing pursuant to division (C) of this section, | 11063 |
and notwithstanding any provisions of division (B)(1) or (C) of | 11064 |
this section to the contrary, any property lawfully seized | 11065 |
pursuant to division (A) of this section because it was contraband | 11066 |
of a type described in division (A)(13)(a) or (c) of section | 11067 |
2901.01 of the Revised Code shall not be subject to replevin or | 11068 |
other action in any court and shall not be subject to release upon | 11069 |
request of the owner, and no judgment shall be enforced against | 11070 |
the property. Pending the hearing, and notwithstanding any | 11071 |
provisions of division (B)(1) or (C) of this section to the | 11072 |
contrary, the property shall be kept in the custody of the law | 11073 |
enforcement agency responsible for its seizure. | 11074 |
A law enforcement agency that seizes property under division | 11075 |
(A) of this section because it was contraband of any type | 11076 |
described in division (A)(13) of section 2901.01 or division (B) | 11077 |
of section 2933.42 of the Revised Code shall maintain an accurate | 11078 |
record of each item of property so seized, which record shall | 11079 |
include the date on which each item was seized, the manner and | 11080 |
date of its disposition, and if applicable, the name of the person | 11081 |
who received the item; however, the record shall not identify or | 11082 |
enable the identification of the individual officer who seized the | 11083 |
item. The record of property of that nature that no longer is | 11084 |
needed as evidence shall be open to public inspection during the | 11085 |
agency's regular business hours. Each law enforcement agency that, | 11086 |
during any calendar year, seizes property under division (A) of | 11087 |
this section because it was contraband shall prepare a report | 11088 |
covering the calendar year that cumulates all of the information | 11089 |
contained in all of the records kept by the agency pursuant to | 11090 |
this division for that calendar year, and shall send a copy of the | 11091 |
cumulative report, no later than the first day of March in the | 11092 |
calendar year following the calendar year covered by the report, | 11093 |
to the attorney general. Each report received by the attorney | 11094 |
general is a public record open for inspection under section | 11095 |
149.43 of the Revised Code. Not later than the fifteenth day of | 11096 |
April in the calendar year in which the reports are received, the | 11097 |
attorney general shall send to the president of the senate and the | 11098 |
speaker of the house of representatives a written notification | 11099 |
that does all of the following: | 11100 |
(a) Indicates that the attorney general has received from law | 11101 |
enforcement agencies reports of the type described in this | 11102 |
division that cover the previous calendar year and indicates that | 11103 |
the reports were received under this division; | 11104 |
(b) Indicates that the reports are open for inspection under | 11105 |
section 149.43 of the Revised Code; | 11106 |
(c) Indicates that the attorney general will provide a copy | 11107 |
of any or all of the reports to the president of the senate or the | 11108 |
speaker of the house of representatives upon request. | 11109 |
(C) The prosecuting attorney, village solicitor, city | 11110 |
director of law, or similar chief legal officer who has | 11111 |
responsibility for the prosecution of the underlying criminal case | 11112 |
or administrative proceeding, or the attorney general if the | 11113 |
attorney general has that responsibility, shall file a petition | 11114 |
for the forfeiture, to the seizing law enforcement agency of the | 11115 |
contraband seized pursuant to division (A) of this section. The | 11116 |
petition shall be filed in the court that has jurisdiction over | 11117 |
the underlying criminal case or administrative proceeding involved | 11118 |
in the forfeiture. If the property was seized on the basis of both | 11119 |
a criminal violation and an administrative regulation violation, | 11120 |
the petition shall be filed by the officer and in the court that | 11121 |
is appropriate in relation to the criminal case. | 11122 |
The petitioner shall conduct or cause to be conducted a | 11123 |
search of the appropriate public records that relate to the seized | 11124 |
property for the purpose of determining, and shall make or cause | 11125 |
to be made reasonably diligent inquiries for the purpose of | 11126 |
determining, any person having an ownership or security interest | 11127 |
in the property. The petitioner then shall give notice of the | 11128 |
forfeiture proceedings by personal service or by certified mail, | 11129 |
return receipt requested, to any persons known, because of the | 11130 |
conduct of the search, the making of the inquiries, or otherwise, | 11131 |
to have an ownership or security interest in the property, and | 11132 |
shall publish notice of the proceedings once each week for two | 11133 |
consecutive weeks in a newspaper of general circulation in the | 11134 |
county in which the seizure occurred. The notices shall be | 11135 |
personally served, mailed, and first published at least four weeks | 11136 |
before the hearing. They shall describe the property seized; state | 11137 |
the date and place of seizure; name the law enforcement agency | 11138 |
that seized the property and, if applicable, that is holding the | 11139 |
property; list the time, date, and place of the hearing; and state | 11140 |
that any person having an ownership or security interest in the | 11141 |
property may contest the forfeiture. | 11142 |
If the property seized was determined by the seizing law | 11143 |
enforcement officer to be contraband because of its relationship | 11144 |
to an underlying criminal offense or administrative violation, no | 11145 |
forfeiture hearing shall be held under this section unless the | 11146 |
person pleads guilty to or is convicted of the commission of, or | 11147 |
an attempt or conspiracy to commit, the offense or a different | 11148 |
offense arising out of the same facts and circumstances or unless | 11149 |
the person admits or is adjudicated to have committed the | 11150 |
administrative violation or a different violation arising out of | 11151 |
the same facts and circumstances; a forfeiture hearing shall be | 11152 |
held in a case of that nature no later than forty-five days after | 11153 |
the conviction or the admission or adjudication of the violation, | 11154 |
unless the time for the hearing is extended by the court for good | 11155 |
cause shown. The owner of any property seized because of its | 11156 |
relationship to an underlying criminal offense or administrative | 11157 |
violation may request the court to release the property to the | 11158 |
owner. Upon receipt of a request of that nature, if the court | 11159 |
determines that the property is not needed as evidence in the | 11160 |
underlying criminal case or administrative proceeding, the court | 11161 |
may permit the release of the property to the owner. As a | 11162 |
condition precedent to a release of that nature, the court may | 11163 |
require the owner to execute a bond with the court. Any bond so | 11164 |
required shall have sufficient sureties approved by the court, | 11165 |
shall be in a sum equal to the value of the property, as | 11166 |
determined by the court, and shall be conditioned upon the return | 11167 |
of the property to the court if the property is forfeited under | 11168 |
this section. Any property seized because of its relationship to | 11169 |
an underlying criminal offense or administrative violation shall | 11170 |
be returned to its owner if charges are not filed in relation to | 11171 |
that underlying offense or violation within thirty days after the | 11172 |
seizure, if charges of that nature are filed and subsequently are | 11173 |
dismissed, or if charges of that nature are filed and the person | 11174 |
charged does not plead guilty to and is not convicted of the | 11175 |
offense or does not admit and is not found to have committed the | 11176 |
violation. | 11177 |
If the property seized was determined by the seizing law | 11178 |
enforcement officer to be contraband other than because of a | 11179 |
relationship to an underlying criminal offense or administrative | 11180 |
violation, the forfeiture hearing under this section shall be held | 11181 |
no later than forty-five days after the seizure, unless the time | 11182 |
for the hearing is extended by the court for good cause shown. | 11183 |
Where possible, a court holding a forfeiture hearing under | 11184 |
this section shall follow the Rules of Civil Procedure. When a | 11185 |
hearing is conducted under this section, property shall be | 11186 |
forfeited upon a showing, by a preponderance of the evidence, by | 11187 |
the petitioner that the person from which the property was seized | 11188 |
was in violation of division (A) of section 2933.42 of the Revised | 11189 |
Code. If that showing is made, the court shall issue an order of | 11190 |
forfeiture. If an order of forfeiture is issued in relation to | 11191 |
contraband that was released to the owner or the owner's agent | 11192 |
pursuant to this division or division (B)(1) of this section, the | 11193 |
order shall require the owner to deliver the property, by a | 11194 |
specified date, to the law enforcement agency that employed the | 11195 |
law enforcement officer who made the seizure of the property, and | 11196 |
the court shall deliver a copy of the order to the owner or send a | 11197 |
copy of it by certified mail, return receipt requested, to the | 11198 |
owner at the address to which notice of the seizure was given | 11199 |
under division (A)(2) of this section. Except as otherwise | 11200 |
provided in this division, all rights, interest, and title to the | 11201 |
forfeited contraband vests in the state, effective from the date | 11202 |
of seizure. | 11203 |
No property shall be forfeited pursuant to this division if | 11204 |
the owner of the property establishes, by a preponderance of the | 11205 |
evidence, that the owner neither knew, nor should have known after | 11206 |
a reasonable inquiry, that the property was used, or was likely to | 11207 |
be used, in a crime or administrative violation. No bona fide | 11208 |
security interest shall be forfeited pursuant to this division if | 11209 |
the holder of the interest establishes, by a preponderance of the | 11210 |
evidence, that the holder of the interest neither knew, nor should | 11211 |
have known after a reasonable inquiry, that the property was used, | 11212 |
or likely to be used, in a crime or administrative violation, that | 11213 |
the holder of the interest did not expressly or impliedly consent | 11214 |
to the use of the property in a crime or administrative violation, | 11215 |
and that the security interest was perfected pursuant to law prior | 11216 |
to the seizure. If the holder of the interest satisfies the court | 11217 |
that these requirements are met, the interest shall be preserved | 11218 |
by the court. In a case of that nature, the court shall either | 11219 |
order that the agency to which the property is forfeited reimburse | 11220 |
the holder of the interest to the extent of the preserved interest | 11221 |
or order that the holder be paid for the interest from the | 11222 |
proceeds of any sale pursuant to division (D) of this section. | 11223 |
(D)(1) Contraband ordered forfeited pursuant to this section | 11224 |
shall be disposed of pursuant to divisions (D)(1) to (7) of | 11225 |
section 2933.41 of the Revised Code or, if the contraband is not | 11226 |
described in those divisions, may be used, with the approval of | 11227 |
the court, by the law enforcement agency that has custody of the | 11228 |
contraband pursuant to division (D)(8) of that section. In the | 11229 |
case of contraband not described in any of those divisions and of | 11230 |
contraband not disposed of pursuant to any of those divisions, the | 11231 |
contraband shall be sold in accordance with this division or, in | 11232 |
the case of forfeited moneys, disposed of in accordance with this | 11233 |
division. If the contraband is to be sold, the prosecuting | 11234 |
attorney shall cause a notice of the proposed sale of the | 11235 |
contraband to be given in accordance with law, and the property | 11236 |
shall be sold, without appraisal, at a public auction to the | 11237 |
highest bidder for cash. The proceeds of a sale and forfeited | 11238 |
moneys shall be applied in the following order: | 11239 |
(a) First, to the payment of the costs incurred in connection | 11240 |
with the seizure of, storage of, maintenance of, and provision of | 11241 |
security for the contraband, the forfeiture proceeding, and, if | 11242 |
any, the sale; | 11243 |
(b) Second, the remaining proceeds or forfeited moneys after | 11244 |
compliance with division (D)(1)(a) of this section, to the payment | 11245 |
of the balance due on any security interest preserved pursuant to | 11246 |
division (C) of this section; | 11247 |
(c) Third, the remaining proceeds or forfeited moneys after | 11248 |
compliance with divisions (D)(1)(a) and (b) of this section, as | 11249 |
follows: | 11250 |
(i) If the forfeiture was ordered in a juvenile court, ten | 11251 |
per cent to one or more alcohol and drug addiction treatment | 11252 |
programs that are certified by the department of alcohol and drug | 11253 |
addiction services under section 3793.06 of the Revised Code and | 11254 |
that are specified in the order of forfeiture. A juvenile court | 11255 |
shall not certify an alcohol or drug addiction treatment program | 11256 |
in the order of forfeiture unless the program is a certified | 11257 |
alcohol and drug addiction treatment program and, except as | 11258 |
provided in division (D)(1)(c)(i) of this section, unless the | 11259 |
program is located in the county in which the court that orders | 11260 |
the forfeiture is located or in a contiguous county. If no | 11261 |
certified alcohol and drug addiction treatment program is located | 11262 |
in any of those counties, the juvenile court may specify in the | 11263 |
order a certified alcohol and drug addiction treatment program | 11264 |
located anywhere within this state. | 11265 |
(ii) If the forfeiture was ordered in a juvenile court, | 11266 |
ninety per cent, and if the forfeiture was ordered in a court | 11267 |
other than a juvenile court, one hundred per cent to the law | 11268 |
enforcement trust fund of the prosecuting attorney and to the law | 11269 |
enforcement trust fund of the county sheriff if the county sheriff | 11270 |
made the seizure, to the law enforcement trust fund of a municipal | 11271 |
corporation if its police department made the seizure, to the law | 11272 |
enforcement trust fund of a township if the seizure was made by a | 11273 |
township police department, township police district police force, | 11274 |
or office of a township constable, to the law enforcement trust | 11275 |
fund of a park district created pursuant to section 511.18 or | 11276 |
1545.01 of the Revised Code if the seizure was made by the park | 11277 |
district police force or law enforcement department, to the | 11278 |
highway patrol state contraband, forfeiture, and other fund if the | 11279 |
state highway patrol made the seizure, to the department of public | 11280 |
safety investigative unit contraband, forfeiture, and other fund | 11281 |
if the investigative unit of the department of public safety made | 11282 |
the seizure, to the department of taxation enforcement fund if the | 11283 |
department of taxation made the seizure, to the board of pharmacy | 11284 |
drug law enforcement fund created by division (B)(1) of section | 11285 |
4729.65 of the Revised Code if the board made the seizure, or to | 11286 |
the treasurer of state for deposit into the peace officer training | 11287 |
commission fund if a state law enforcement agency, other than the | 11288 |
state highway patrol, the investigative unit of the department of | 11289 |
public safety, the enforcement division of the department of | 11290 |
taxation, or the state board of pharmacy, made the seizure. The | 11291 |
prosecuting attorney may decline to accept any of the remaining | 11292 |
proceeds or forfeited moneys, and, if the prosecuting attorney so | 11293 |
declines, the remaining proceeds or forfeited moneys shall be | 11294 |
applied to the fund described in this division that relates to the | 11295 |
law enforcement agency that made the seizure. | 11296 |
A law enforcement trust fund shall be established by the | 11297 |
prosecuting attorney of each county who intends to receive any | 11298 |
remaining proceeds or forfeited moneys pursuant to this division, | 11299 |
by the sheriff of each county, by the legislative authority of | 11300 |
each municipal corporation, by the board of township trustees of | 11301 |
each township that has a township police department, township | 11302 |
police district police force, or office of the constable, and by | 11303 |
the board of park commissioners of each park district created | 11304 |
pursuant to section 511.18 or 1545.01 of the Revised Code that has | 11305 |
a park district police force or law enforcement department, for | 11306 |
the purposes of this division. There is hereby created in the | 11307 |
state treasury the highway patrol state contraband, forfeiture, | 11308 |
and other fund, the department of public safety investigative unit | 11309 |
contraband, forfeiture, and other fund, the department of taxation | 11310 |
enforcement fund, and the peace officer training commission fund, | 11311 |
for the purposes described in this division. | 11312 |
Proceeds or forfeited moneys distributed to any municipal | 11313 |
corporation, township, or park district law enforcement trust fund | 11314 |
shall be allocated from the fund by the legislative authority only | 11315 |
to the police department of the municipal corporation, by the | 11316 |
board of township trustees only to the township police department, | 11317 |
township police district police force, or office of the constable, | 11318 |
and by the board of park commissioners only to the park district | 11319 |
police force or law enforcement department. | 11320 |
Additionally, no proceeds or forfeited moneys shall be | 11321 |
allocated to or used by the state highway patrol, the department | 11322 |
of public safety, the department of taxation, the state board of | 11323 |
pharmacy, or a county sheriff, prosecuting attorney, municipal | 11324 |
corporation police department, township police department, | 11325 |
township police district police force, office of the constable, or | 11326 |
park district police force or law enforcement department unless | 11327 |
the state highway patrol, department of public safety, department | 11328 |
of taxation, state board of pharmacy, sheriff, prosecuting | 11329 |
attorney, municipal corporation police department, township police | 11330 |
department, township police district police force, office of the | 11331 |
constable, or park district police force or law enforcement | 11332 |
department has adopted a written internal control policy under | 11333 |
division (D)(3) of this section that addresses the use of moneys | 11334 |
received from the highway patrol state contraband, forfeiture, and | 11335 |
other fund, the department of public safety investigative unit | 11336 |
contraband, forfeiture, and other fund, the department of taxation | 11337 |
enforcement fund, the board of pharmacy drug law enforcement fund, | 11338 |
or the appropriate law enforcement trust fund. | 11339 |
The highway patrol state contraband, forfeiture, and other | 11340 |
fund, the department of public safety investigative unit | 11341 |
contraband, forfeiture, and other fund, the department of taxation | 11342 |
enforcement fund, and a law enforcement trust fund shall be | 11343 |
expended only in accordance with the written internal control | 11344 |
policy so adopted by the recipient, and, subject to the | 11345 |
requirements specified in division (D)(3)(a)(ii) of this section, | 11346 |
only to pay the costs of protracted or complex investigations or | 11347 |
prosecutions, to provide reasonable technical training or | 11348 |
expertise, to provide matching funds to obtain federal grants to | 11349 |
aid law enforcement, in the support of DARE programs or other | 11350 |
programs designed to educate adults or children with respect to | 11351 |
the dangers associated with the use of drugs of abuse, to pay the | 11352 |
costs of emergency action taken under section 3745.13 of the | 11353 |
Revised Code relative to the operation of an illegal | 11354 |
methamphetamine laboratory if the forfeited property or money | 11355 |
involved was that of a person responsible for the operation of the | 11356 |
laboratory, or for other law enforcement purposes that the | 11357 |
superintendent of the state highway patrol, department of public | 11358 |
safety, department of taxation, prosecuting attorney, county | 11359 |
sheriff, legislative authority, board of township trustees, or | 11360 |
board of park commissioners determines to be appropriate. The | 11361 |
board of pharmacy drug law enforcement fund shall be expended only | 11362 |
in accordance with the written internal control policy so adopted | 11363 |
by the board and only in accordance with section 4729.65 of the | 11364 |
Revised Code, except that it also may be expended to pay the costs | 11365 |
of emergency action taken under section 3745.13 of the Revised | 11366 |
Code relative to the operation of an illegal methamphetamine | 11367 |
laboratory if the forfeited property or money involved was that of | 11368 |
a person responsible for the operation of the laboratory. The | 11369 |
highway patrol state contraband, forfeiture, and other fund, the | 11370 |
department of public safety investigative unit contraband, | 11371 |
forfeiture, and other fund, the department of taxation enforcement | 11372 |
fund, the board of pharmacy drug law enforcement fund, and a law | 11373 |
enforcement trust fund shall not be used to meet the operating | 11374 |
costs of the state highway patrol, of the investigative unit of | 11375 |
the department of public safety, of the department of taxation | 11376 |
enforcement division, of the state board of pharmacy, of any | 11377 |
political subdivision, or of any office of a prosecuting attorney | 11378 |
or county sheriff that are unrelated to law enforcement. | 11379 |
Proceeds and forfeited moneys that are paid into the state | 11380 |
treasury to be deposited into the peace officer training | 11381 |
commission fund shall be used by the commission only to pay the | 11382 |
costs of peace officer training. | 11383 |
Any sheriff or prosecuting attorney who receives proceeds or | 11384 |
forfeited moneys pursuant to this division during any calendar | 11385 |
year shall file a report with the county auditor, no later than | 11386 |
the thirty-first day of January of the next calendar year, | 11387 |
verifying that the proceeds and forfeited moneys were expended | 11388 |
only for the purposes authorized by this division and division | 11389 |
(D)(3)(a)(ii) of this section and specifying the amounts expended | 11390 |
for each authorized purpose. Any municipal corporation police | 11391 |
department that is allocated proceeds or forfeited moneys from a | 11392 |
municipal corporation law enforcement trust fund pursuant to this | 11393 |
division during any calendar year shall file a report with the | 11394 |
legislative authority of the municipal corporation, no later than | 11395 |
the thirty-first day of January of the next calendar year, | 11396 |
verifying that the proceeds and forfeited moneys were expended | 11397 |
only for the purposes authorized by this division and division | 11398 |
(D)(3)(a)(ii) of this section and specifying the amounts expended | 11399 |
for each authorized purpose. Any township police department, | 11400 |
township police district police force, or office of the constable | 11401 |
that is allocated proceeds or forfeited moneys from a township law | 11402 |
enforcement trust fund pursuant to this division during any | 11403 |
calendar year shall file a report with the board of township | 11404 |
trustees of the township, no later than the thirty-first day of | 11405 |
January of the next calendar year, verifying that the proceeds and | 11406 |
forfeited moneys were expended only for the purposes authorized by | 11407 |
this division and division (D)(3)(a)(ii) of this section and | 11408 |
specifying the amounts expended for each authorized purpose. Any | 11409 |
park district police force or law enforcement department that is | 11410 |
allocated proceeds or forfeited moneys from a park district law | 11411 |
enforcement trust fund pursuant to this division during any | 11412 |
calendar year shall file a report with the board of park | 11413 |
commissioners of the park district, no later than the thirty-first | 11414 |
day of January of the next calendar year, verifying that the | 11415 |
proceeds and forfeited moneys were expended only for the purposes | 11416 |
authorized by this division and division (D)(3)(a)(ii) of this | 11417 |
section and specifying the amounts expended for each authorized | 11418 |
purpose. The superintendent of the state highway patrol shall file | 11419 |
a report with the attorney general, no later than the thirty-first | 11420 |
day of January of each calendar year, verifying that proceeds and | 11421 |
forfeited moneys paid into the highway patrol state contraband, | 11422 |
forfeiture, and other fund pursuant to this division during the | 11423 |
prior calendar year were used by the state highway patrol during | 11424 |
the prior calendar year only for the purposes authorized by this | 11425 |
division and specifying the amounts expended for each authorized | 11426 |
purpose. The executive director of the state board of pharmacy | 11427 |
shall file a report with the attorney general, no later than the | 11428 |
thirty-first day of January of each calendar year, verifying that | 11429 |
proceeds and forfeited moneys paid into the board of pharmacy drug | 11430 |
law enforcement fund during the prior calendar year were used only | 11431 |
in accordance with section 4729.65 of the Revised Code and | 11432 |
specifying the amounts expended for each authorized purpose. The | 11433 |
peace officer training commission shall file a report with the | 11434 |
attorney general, no later than the thirty-first day of January of | 11435 |
each calendar year, verifying that proceeds and forfeited moneys | 11436 |
paid into the peace officer training commission fund pursuant to | 11437 |
this division during the prior calendar year were used by the | 11438 |
commission during the prior calendar year only to pay the costs of | 11439 |
peace officer training and specifying the amount used for that | 11440 |
purpose. | 11441 |
The tax commissioner shall file a report with the attorney | 11442 |
general, not later than the thirty-first day of January of each | 11443 |
calendar year, verifying that proceeds and forfeited moneys paid | 11444 |
into the department of taxation enforcement fund pursuant to this | 11445 |
division during the prior calendar year were used by the | 11446 |
enforcement division during the prior calendar year to pay only | 11447 |
the costs of enforcing the tax laws and specifying the amount used | 11448 |
for that purpose. | 11449 |
(2) If more than one law enforcement agency is substantially | 11450 |
involved in the seizure of contraband that is forfeited pursuant | 11451 |
to this section, the court ordering the forfeiture shall equitably | 11452 |
divide the proceeds or forfeited moneys, after calculating any | 11453 |
distribution to the law enforcement trust fund of the prosecuting | 11454 |
attorney pursuant to division (D)(1)(c) of this section, among any | 11455 |
county sheriff whose office is determined by the court to be | 11456 |
substantially involved in the seizure, any legislative authority | 11457 |
of a municipal corporation whose police department is determined | 11458 |
by the court to be substantially involved in the seizure, any | 11459 |
board of township trustees whose law enforcement agency is | 11460 |
determined by the court to be substantially involved in the | 11461 |
seizure, any board of park commissioners of a park district whose | 11462 |
police force or law enforcement department is determined by the | 11463 |
court to be substantially involved in the seizure, the state board | 11464 |
of pharmacy if it is determined by the court to be substantially | 11465 |
involved in the seizure, the investigative unit of the department | 11466 |
of public safety if it is determined by the court to be | 11467 |
substantially involved in the seizure, the enforcement division of | 11468 |
the department of taxation if it is determined by the court to be | 11469 |
substantially involved in the seizure and the state highway patrol | 11470 |
if it is determined by the court to be substantially involved in | 11471 |
the seizure. The proceeds or forfeited moneys shall be deposited | 11472 |
in the respective law enforcement trust funds of the county | 11473 |
sheriff, municipal corporation, township, and park district, the | 11474 |
board of pharmacy drug law enforcement fund, the department of | 11475 |
public safety investigative unit contraband, forfeiture, and other | 11476 |
fund, the department of taxation enforcement fund, or the highway | 11477 |
patrol state contraband, forfeiture, and other fund, in accordance | 11478 |
with division (D)(1)(c) of this section. If a state law | 11479 |
enforcement agency, other than the state highway patrol, the | 11480 |
investigative unit of the department of public safety, the | 11481 |
department of taxation, or the state board of pharmacy, is | 11482 |
determined by the court to be substantially involved in the | 11483 |
seizure, the state agency's equitable share of the proceeds and | 11484 |
forfeited moneys shall be paid to the treasurer of state for | 11485 |
deposit into the peace officer training commission fund. | 11486 |
(3)(a)(i) Prior to being allocated or using any proceeds or | 11487 |
forfeited moneys out of the highway patrol state contraband, | 11488 |
forfeiture, and other fund, the department of public safety | 11489 |
investigative unit contraband, forfeiture, and other fund, the | 11490 |
department of taxation enforcement fund, the board of pharmacy | 11491 |
drug law enforcement fund, or a law enforcement trust fund under | 11492 |
division (D)(1)(c) of this section, the state highway patrol, the | 11493 |
department of public safety, the department of taxation, the state | 11494 |
board of pharmacy, and a county sheriff, prosecuting attorney, | 11495 |
municipal corporation police department, township police | 11496 |
department, township police district police force, office of the | 11497 |
constable, or park district police force or law enforcement | 11498 |
department shall adopt a written internal control policy that | 11499 |
addresses the state highway patrol's, department of public | 11500 |
safety's, department of taxation's, state board of pharmacy's, | 11501 |
sheriff's, prosecuting attorney's, police department's, police | 11502 |
force's, office of the constable's, or law enforcement | 11503 |
department's use and disposition of all the proceeds and forfeited | 11504 |
moneys received and that provides for the keeping of detailed | 11505 |
financial records of the receipts of the proceeds and forfeited | 11506 |
moneys, the general types of expenditures made out of the proceeds | 11507 |
and forfeited moneys, the specific amount of each general type of | 11508 |
expenditure, and the amounts, portions, and programs described in | 11509 |
division (D)(3)(a)(ii) of this section. The policy shall not | 11510 |
provide for or permit the identification of any specific | 11511 |
expenditure that is made in an ongoing investigation. | 11512 |
All financial records of the receipts of the proceeds and | 11513 |
forfeited moneys, the general types of expenditures made out of | 11514 |
the proceeds and forfeited moneys, the specific amount of each | 11515 |
general type of expenditure by the state highway patrol, by the | 11516 |
department of public safety, by the department of taxation, by the | 11517 |
state board of pharmacy, and by a sheriff, prosecuting attorney, | 11518 |
municipal corporation police department, township police | 11519 |
department, township police district police force, office of the | 11520 |
constable, or park district police force or law enforcement | 11521 |
department, and the amounts, portions, and programs described in | 11522 |
division (D)(3)(a)(ii) of this section are public records open for | 11523 |
inspection under section 149.43 of the Revised Code. Additionally, | 11524 |
a written internal control policy adopted under this division is a | 11525 |
public record of that nature, and the state highway patrol, the | 11526 |
department of public safety, the department of taxation, the state | 11527 |
board of pharmacy, or the sheriff, prosecuting attorney, municipal | 11528 |
corporation police department, township police department, | 11529 |
township police district police force, office of the constable, or | 11530 |
park district police force or law enforcement department that | 11531 |
adopted it shall comply with it. | 11532 |
(ii) The written internal control policy of a county sheriff, | 11533 |
prosecuting attorney, municipal corporation police department, | 11534 |
township police department, township police district police force, | 11535 |
office of the constable, or park district police force or law | 11536 |
enforcement department shall provide that at least ten per cent of | 11537 |
the first one hundred thousand dollars of proceeds and forfeited | 11538 |
moneys deposited during each calendar year in the sheriff's, | 11539 |
prosecuting attorney's, municipal corporation's, township's, or | 11540 |
park district's law enforcement trust fund pursuant to division | 11541 |
(B)(7)(c)(ii) of section 2923.46 or division (B)(8)(c)(ii) of | 11542 |
section 2925.44 of the Revised Code, and at least twenty per cent | 11543 |
of the proceeds and forfeited moneys exceeding one hundred | 11544 |
thousand dollars that are so deposited, shall be used in | 11545 |
connection with community preventive education programs. The | 11546 |
manner in which the described percentages are so used shall be | 11547 |
determined by the sheriff, prosecuting attorney, department, | 11548 |
police force, or office of the constable after the receipt and | 11549 |
consideration of advice on appropriate community preventive | 11550 |
education programs from the county's board of alcohol, drug | 11551 |
addiction, and mental health services, from the county's alcohol | 11552 |
and drug addiction services board, or through appropriate | 11553 |
community dialogue. The financial records described in division | 11554 |
(D)(3)(a)(i) of this section shall specify the amount of the | 11555 |
proceeds and forfeited moneys deposited during each calendar year | 11556 |
in the sheriff's, prosecuting attorney's, municipal corporation's, | 11557 |
township's, or park district's law enforcement trust fund pursuant | 11558 |
to division (B)(7)(c)(ii) of section 2923.46 or division | 11559 |
(B)(8)(c)(ii) of section 2925.44 of the Revised Code, the portion | 11560 |
of that amount that was used pursuant to the requirements of this | 11561 |
division, and the community preventive education programs in | 11562 |
connection with which the portion of that amount was so used. | 11563 |
As used in this division, "community preventive education | 11564 |
programs" includes, but is not limited to, DARE programs and other | 11565 |
programs designed to educate adults or children with respect to | 11566 |
the dangers associated with the use of drugs of abuse. | 11567 |
(b) Each sheriff, prosecuting attorney, municipal corporation | 11568 |
police department, township police department, township police | 11569 |
district police force, office of the constable, or park district | 11570 |
police force or law enforcement department that receives in any | 11571 |
calendar year any proceeds or forfeited moneys out of a law | 11572 |
enforcement trust fund under division (D)(1)(c) of this section or | 11573 |
uses any proceeds or forfeited moneys in its law enforcement trust | 11574 |
fund in any calendar year shall prepare a report covering the | 11575 |
calendar year that cumulates all of the information contained in | 11576 |
all of the public financial records kept by the sheriff, | 11577 |
prosecuting attorney, municipal corporation police department, | 11578 |
township police department, township police district police force, | 11579 |
office of the constable, or park district police force or law | 11580 |
enforcement department pursuant to division (D)(3)(a) of this | 11581 |
section for that calendar year, and shall send a copy of the | 11582 |
cumulative report, no later than the first day of March in the | 11583 |
calendar year following the calendar year covered by the report, | 11584 |
to the attorney general. | 11585 |
The superintendent of the state highway patrol shall prepare | 11586 |
a report covering each calendar year in which the state highway | 11587 |
patrol uses any proceeds or forfeited moneys in the highway | 11588 |
patrol state contraband, forfeiture, and other fund under division | 11589 |
(D)(1)(c) of this section, that cumulates all of the information | 11590 |
contained in all of the public financial records kept by the state | 11591 |
highway patrol pursuant to division (D)(3)(a) of this section for | 11592 |
that calendar year, and shall send a copy of the cumulative | 11593 |
report, no later than the first day of March in the calendar year | 11594 |
following the calendar year covered by the report, to the attorney | 11595 |
general. | 11596 |
The department of public safety shall prepare a report | 11597 |
covering each fiscal year in which the department uses any | 11598 |
proceeds or forfeited moneys in the department of public safety | 11599 |
investigative unit contraband, forfeiture, and other fund under | 11600 |
division (D)(1)(c) of this section that cumulates all of the | 11601 |
information contained in all of the public financial records kept | 11602 |
by the department pursuant to division (D)(3)(a) of this section | 11603 |
for that fiscal year. The department shall send a copy of the | 11604 |
cumulative report to the attorney general no later than the first | 11605 |
day of August in the fiscal year following the fiscal year covered | 11606 |
by the report. The director of public safety shall include in the | 11607 |
report a verification that proceeds and forfeited moneys paid into | 11608 |
the department of public safety investigative unit contraband, | 11609 |
forfeiture, and other fund under division (D)(1)(c) of this | 11610 |
section during the preceding fiscal year were used by the | 11611 |
department during that fiscal year only for the purposes | 11612 |
authorized by that division and shall specify the amount used for | 11613 |
each authorized purpose. | 11614 |
The tax commissioner shall prepare a report covering each | 11615 |
calendar year in which the department of taxation enforcement | 11616 |
division uses any proceeds or forfeited moneys in the department | 11617 |
of taxation enforcement fund under division (D)(1)(c) of this | 11618 |
section, that cumulates all of the information contained in all of | 11619 |
the public financial records kept by the department of taxation | 11620 |
enforcement division pursuant to division (D)(3)(a) of this | 11621 |
section for that calendar year, and shall send a copy of the | 11622 |
cumulative report, not later than the first day of March in the | 11623 |
calendar year following the calendar year covered by the report, | 11624 |
to the attorney general. | 11625 |
The executive director of the state board of pharmacy shall | 11626 |
prepare a report covering each calendar year in which the board | 11627 |
uses any proceeds or forfeited moneys in the board of pharmacy | 11628 |
drug law enforcement fund under division (D)(1)(c) of this | 11629 |
section, that cumulates all of the information contained in all of | 11630 |
the public financial records kept by the board pursuant to | 11631 |
division (D)(3)(a) of this section for that calendar year, and | 11632 |
shall send a copy of the cumulative report, no later than the | 11633 |
first day of March in the calendar year following the calendar | 11634 |
year covered by the report, to the attorney general. Each report | 11635 |
received by the attorney general is a public record open for | 11636 |
inspection under section 149.43 of the Revised Code. Not later | 11637 |
than the fifteenth day of April in the calendar year in which the | 11638 |
reports are received, the attorney general shall send to the | 11639 |
president of the senate and the speaker of the house of | 11640 |
representatives a written notification that does all of the | 11641 |
following: | 11642 |
(i) Indicates that the attorney general has received from | 11643 |
entities or persons specified in this division reports of the type | 11644 |
described in this division that cover the previous calendar year | 11645 |
and indicates that the reports were received under this division; | 11646 |
(ii) Indicates that the reports are open for inspection under | 11647 |
section 149.43 of the Revised Code; | 11648 |
(iii) Indicates that the attorney general will provide a copy | 11649 |
of any or all of the reports to the president of the senate or the | 11650 |
speaker of the house of representatives upon request. | 11651 |
(4)(a) A law enforcement agency that receives pursuant to | 11652 |
federal law proceeds from a sale of forfeited contraband, proceeds | 11653 |
from another disposition of forfeited contraband, or forfeited | 11654 |
contraband moneys shall deposit, use, and account for the proceeds | 11655 |
or forfeited moneys in accordance with, and otherwise comply with, | 11656 |
the applicable federal law. | 11657 |
(b)(i) If the state highway patrol receives from the United | 11658 |
States department of justice pursuant to federal law proceeds from | 11659 |
a sale of forfeited contraband, proceeds from another disposition | 11660 |
of forfeited contraband, or forfeited contraband moneys, the | 11661 |
appropriate governmental officials shall deposit the proceeds into | 11662 |
the highway patrol | 11663 |
justice contraband fund, which is hereby created in the state | 11664 |
treasury. All interest or other earnings derived from the | 11665 |
investment of the proceeds or forfeited moneys shall be credited | 11666 |
to the fund. The state highway patrol shall use and account for | 11667 |
that interest or other earnings in accordance with the applicable | 11668 |
federal law. | 11669 |
(ii) If the state highway patrol receives from the United | 11670 |
States department of the treasury pursuant to federal law proceeds | 11671 |
from a sale of forfeited contraband, proceeds from another | 11672 |
disposition of forfeited contraband, or forfeited contraband | 11673 |
moneys, the appropriate governmental officials shall deposit the | 11674 |
proceeds into the highway patrol treasury contraband fund, which | 11675 |
is hereby created in the state treasury. All interest or other | 11676 |
earnings derived from the investment of the proceeds or forfeited | 11677 |
moneys shall be credited to the fund. The state highway patrol | 11678 |
shall use and account for that interest or other earnings in | 11679 |
accordance with the applicable federal law. | 11680 |
(c) If the investigative unit of the department of public | 11681 |
safety receives pursuant to federal law proceeds from a sale of | 11682 |
forfeited contraband, proceeds from another disposition of | 11683 |
forfeited contraband, or forfeited contraband moneys, the | 11684 |
appropriate governmental officials shall deposit the proceeds into | 11685 |
the department of public safety investigative unit federal | 11686 |
equitable share account fund, which is hereby created in the state | 11687 |
treasury. All interest or other earnings derived from the | 11688 |
investment of the proceeds or forfeited moneys shall be credited | 11689 |
to the fund. The department shall use and account for that | 11690 |
interest or other earnings in accordance with the applicable | 11691 |
federal law. | 11692 |
(d) If the tax commissioner receives pursuant to federal law | 11693 |
proceeds from a sale of forfeited contraband, proceeds from | 11694 |
another disposition of forfeited contraband, or forfeited | 11695 |
contraband moneys, the appropriate governmental officials shall | 11696 |
deposit into the department of taxation enforcement fund all | 11697 |
interest or other earnings derived from the investment of the | 11698 |
proceeds or forfeited moneys. The department shall use and account | 11699 |
for that interest or other earnings in accordance with the | 11700 |
applicable federal law. | 11701 |
(e) Divisions (D)(1) to (3) of this section do not apply to | 11702 |
proceeds or forfeited moneys received pursuant to federal law or | 11703 |
to the interest or other earnings that are derived from the | 11704 |
investment of proceeds or forfeited moneys received pursuant to | 11705 |
federal law and that are described in division (D)(4)(b) of this | 11706 |
section. | 11707 |
(E) Upon the sale pursuant to this section of any property | 11708 |
that is required to be titled or registered under law, the state | 11709 |
shall issue an appropriate certificate of title or registration to | 11710 |
the purchaser. If the state is vested with title pursuant to | 11711 |
division (C) of this section and elects to retain property that is | 11712 |
required to be titled or registered under law, the state shall | 11713 |
issue an appropriate certificate of title or registration. | 11714 |
(F) Notwithstanding any provisions of this section to the | 11715 |
contrary, any property that is lawfully seized in relation to a | 11716 |
violation of section 2923.32 of the Revised Code shall be subject | 11717 |
to forfeiture and disposition in accordance with sections 2923.32 | 11718 |
to 2923.36 of the Revised Code; any property that is forfeited | 11719 |
pursuant to section 2923.44 or 2923.45 of the Revised Code in | 11720 |
relation to a violation of section 2923.42 of the Revised Code or | 11721 |
in relation to an act of a juvenile that is a violation of section | 11722 |
2923.42 of the Revised Code may be subject to forfeiture and | 11723 |
disposition in accordance with sections 2923.44 to 2923.47 of the | 11724 |
Revised Code; and any property that is forfeited pursuant to | 11725 |
section 2925.42 or 2925.43 of the Revised Code in relation to a | 11726 |
felony drug abuse offense, as defined in section 2925.01 of the | 11727 |
Revised Code, or in relation to an act that, if committed by an | 11728 |
adult, would be a felony drug abuse offense of that nature, may be | 11729 |
subject to forfeiture and disposition in accordance with sections | 11730 |
2925.41 to 2925.45 of the Revised Code or this section. | 11731 |
(G) Any failure of a law enforcement officer or agency, a | 11732 |
prosecuting attorney, village solicitor, city director of law, or | 11733 |
similar chief legal officer, a court, or the attorney general to | 11734 |
comply with any duty imposed by this section in relation to any | 11735 |
property seized or with any other provision of this section in | 11736 |
relation to any property seized does not affect the validity of | 11737 |
the seizure of the property, provided the seizure itself was made | 11738 |
in accordance with law, and is not and shall not be considered to | 11739 |
be the basis for the suppression of any evidence resulting from | 11740 |
the seizure of the property, provided the seizure itself was made | 11741 |
in accordance with law. | 11742 |
(H) Contraband that has been forfeited pursuant to division | 11743 |
(C) of this section shall not be available for use to pay any fine | 11744 |
imposed upon a person who is convicted of or pleads guilty to an | 11745 |
underlying criminal offense or a different offense arising out of | 11746 |
the same facts and circumstances. | 11747 |
Sec. 3109.14. (A) As used in this section, "birth record" | 11748 |
and "certification of birth" have the meanings given in section | 11749 |
3705.01 of the Revised Code. | 11750 |
(B)(1) The director of health, a person authorized by the | 11751 |
director, a local commissioner of health, or a local registrar of | 11752 |
vital statistics shall charge and collect a fee for each certified | 11753 |
copy of a birth record, for each certification of birth, and for | 11754 |
each copy of a death record. | 11755 |
11756 | |
three dollars. The fee is in addition to the fee imposed by | 11757 |
section 3705.24 or any other section of the Revised Code. A local | 11758 |
commissioner of health or a local registrar of vital statistics | 11759 |
may retain an amount of each additional fee collected, not to | 11760 |
exceed three per cent of the amount of the additional fee, to be | 11761 |
used for costs directly related to the collection of the fee and | 11762 |
the forwarding of the fee to the treasurer of state. The | 11763 |
additional fees collected, but not retained, under division (B)(1) | 11764 |
of this section shall be forwarded to the treasurer of state not | 11765 |
later than thirty days following the end of each quarter. | 11766 |
(2) Upon the filing for a divorce decree under section | 11767 |
3105.10 or a decree of dissolution under section 3105.65 of the | 11768 |
Revised Code, a court of common pleas shall charge and collect a | 11769 |
fee. | 11770 |
11771 | |
fee is in addition to any other court costs or fees. The county | 11772 |
clerk of courts may retain an amount of each additional fee | 11773 |
collected, not to exceed three per cent of the amount of the | 11774 |
additional fee, to be used for costs directly related to the | 11775 |
collection of the fee and the forwarding of the fee to the | 11776 |
treasurer of state. The additional fees collected, but not | 11777 |
retained, under division (B)(2) of this section shall be forwarded | 11778 |
to the treasurer of state not later than twenty days following the | 11779 |
end of each month. | 11780 |
(C) The | 11781 |
11782 | |
11783 | |
of
state | 11784 |
in the state treasury to the credit of the children's trust fund, | 11785 |
which is hereby created. A person or government entity that fails | 11786 |
to forward the fees in a timely manner, as determined by the | 11787 |
treasurer of state, shall forward to the treasurer of state, in | 11788 |
addition to the fees, a penalty equal to ten per cent of the fees. | 11789 |
The treasurer of state shall invest the moneys in the fund, | 11790 |
and all earnings resulting from investment of the fund shall be | 11791 |
credited to the fund, except that actual administrative costs | 11792 |
incurred by the treasurer of state in administering the fund may | 11793 |
be deducted from the earnings resulting from investments. The | 11794 |
amount that may be deducted shall not exceed three per cent of the | 11795 |
total amount of fees credited to the fund in each fiscal year, | 11796 |
except that the children's trust fund board may approve an amount | 11797 |
for actual administrative costs exceeding three per cent but not | 11798 |
exceeding four per cent of such amount. The balance of the | 11799 |
investment earnings shall be credited to the fund. Moneys credited | 11800 |
to the fund shall be used only for the purposes described in | 11801 |
sections 3109.13 to 3109.18 of the Revised Code. | 11802 |
Sec. 3301.0714. (A) The state board of education shall adopt | 11803 |
rules for a statewide education management information system. The | 11804 |
rules shall require the state board to establish guidelines for | 11805 |
the establishment and maintenance of the system in accordance with | 11806 |
this section and the rules adopted under this section. The | 11807 |
guidelines shall include: | 11808 |
(1) Standards identifying and defining the types of data in | 11809 |
the system in accordance with divisions (B) and (C) of this | 11810 |
section; | 11811 |
(2) Procedures for annually collecting and reporting the data | 11812 |
to the state board in accordance with division (D) of this | 11813 |
section; | 11814 |
(3) Procedures for annually compiling the data in accordance | 11815 |
with division (G) of this section; | 11816 |
(4) Procedures for annually reporting the data to the public | 11817 |
in accordance with division (H) of this section. | 11818 |
(B) The guidelines adopted under this section shall require | 11819 |
the data maintained in the education management information system | 11820 |
to include at least the following: | 11821 |
(1) Student participation and performance data, for each | 11822 |
grade in each school district as a whole and for each grade in | 11823 |
each school building in each school district, that includes: | 11824 |
(a) The numbers of students receiving each category of | 11825 |
instructional service offered by the school district, such as | 11826 |
regular education instruction, vocational education instruction, | 11827 |
specialized instruction programs or enrichment instruction that is | 11828 |
part of the educational curriculum, instruction for gifted | 11829 |
students, instruction for handicapped students, and remedial | 11830 |
instruction. The guidelines shall require instructional services | 11831 |
under this division to be divided into discrete categories if an | 11832 |
instructional service is limited to a specific subject, a specific | 11833 |
type of student, or both, such as regular instructional services | 11834 |
in mathematics, remedial reading instructional services, | 11835 |
instructional services specifically for students gifted in | 11836 |
mathematics or some other subject area, or instructional services | 11837 |
for students with a specific type of handicap. The categories of | 11838 |
instructional services required by the guidelines under this | 11839 |
division shall be the same as the categories of instructional | 11840 |
services used in determining cost units pursuant to division | 11841 |
(C)(3) of this section. | 11842 |
(b) The numbers of students receiving support or | 11843 |
extracurricular services for each of the support services or | 11844 |
extracurricular programs offered by the school district, such as | 11845 |
counseling services, health services, and extracurricular sports | 11846 |
and fine arts programs. The categories of services required by the | 11847 |
guidelines under this division shall be the same as the categories | 11848 |
of services used in determining cost units pursuant to division | 11849 |
(C)(4)(a) of this section. | 11850 |
(c) Average student grades in each subject in grades nine | 11851 |
through twelve; | 11852 |
(d) Academic achievement levels as assessed by the testing of | 11853 |
student achievement under sections 3301.0710 and 3301.0711 of the | 11854 |
Revised Code; | 11855 |
(e) The number of students designated as having a | 11856 |
handicapping condition pursuant to division (C)(1) of section | 11857 |
3301.0711 of the Revised Code; | 11858 |
(f) The numbers of students reported to the state board | 11859 |
pursuant to division (C)(2) of section 3301.0711 of the Revised | 11860 |
Code; | 11861 |
(g) Attendance rates and the average daily attendance for the | 11862 |
year. For purposes of this division, a student shall be counted as | 11863 |
present for any field trip that is approved by the school | 11864 |
administration. | 11865 |
(h) Expulsion rates; | 11866 |
(i) Suspension rates; | 11867 |
(j) The percentage of students receiving corporal punishment; | 11868 |
(k) Dropout rates; | 11869 |
(l) Rates of retention in grade; | 11870 |
(m) For pupils in grades nine through twelve, the average | 11871 |
number of carnegie units, as calculated in accordance with state | 11872 |
board of education rules; | 11873 |
(n) Graduation rates, to be calculated in a manner specified | 11874 |
by the department of education that reflects the rate at which | 11875 |
students who were in the ninth grade three years prior to the | 11876 |
current year complete school and that is consistent with | 11877 |
nationally accepted reporting requirements; | 11878 |
(o) Results of diagnostic assessments administered to | 11879 |
kindergarten students as required under section 3301.0715 of the | 11880 |
Revised Code to permit a comparison of the academic readiness of | 11881 |
kindergarten students. However, no district shall be required to | 11882 |
report to the department the results of any diagnostic assessment | 11883 |
administered to a kindergarten student if the parent of that | 11884 |
student requests the district not to report those results. | 11885 |
(2) Personnel and classroom enrollment data for each school | 11886 |
district, including: | 11887 |
(a) The total numbers of licensed employees and nonlicensed | 11888 |
employees and the numbers of full-time equivalent licensed | 11889 |
employees and nonlicensed employees providing each category of | 11890 |
instructional service, instructional support service, and | 11891 |
administrative support service used pursuant to division (C)(3) of | 11892 |
this section. The guidelines adopted under this section shall | 11893 |
require these categories of data to be maintained for the school | 11894 |
district as a whole and, wherever applicable, for each grade in | 11895 |
the school district as a whole, for each school building as a | 11896 |
whole, and for each grade in each school building. | 11897 |
(b) The total number of employees and the number of full-time | 11898 |
equivalent employees providing each category of service used | 11899 |
pursuant to divisions (C)(4)(a) and (b) of this section, and the | 11900 |
total numbers of licensed employees and nonlicensed employees and | 11901 |
the numbers of full-time equivalent licensed employees and | 11902 |
nonlicensed employees providing each category used pursuant to | 11903 |
division (C)(4)(c) of this section. The guidelines adopted under | 11904 |
this section shall require these categories of data to be | 11905 |
maintained for the school district as a whole and, wherever | 11906 |
applicable, for each grade in the school district as a whole, for | 11907 |
each school building as a whole, and for each grade in each school | 11908 |
building. | 11909 |
(c) The total number of regular classroom teachers teaching | 11910 |
classes of regular education and the average number of pupils | 11911 |
enrolled in each such class, in each of grades kindergarten | 11912 |
through five in the district as a whole and in each school | 11913 |
building in the school district. | 11914 |
(d) The number of master teachers employed by each school | 11915 |
district and each school building, once a definition of master | 11916 |
teacher has been developed by the educator standards board | 11917 |
pursuant to section 3319.61 of the Revised Code. | 11918 |
(3)(a) Student demographic data for each school district, | 11919 |
including information regarding the gender ratio of the school | 11920 |
district's pupils, the racial make-up of the school district's | 11921 |
pupils, the number of limited English proficient students in the | 11922 |
district, and an appropriate measure of the number of the school | 11923 |
district's pupils who reside in economically disadvantaged | 11924 |
households. The demographic data shall be collected in a manner to | 11925 |
allow correlation with data collected under division (B)(1) of | 11926 |
this section. Categories for data collected pursuant to division | 11927 |
(B)(3) of this section shall conform, where appropriate, to | 11928 |
standard practices of agencies of the federal government. | 11929 |
(b) With respect to each student entering kindergarten, | 11930 |
whether the student previously participated in a public preschool | 11931 |
program, a private preschool program, or a head start program, and | 11932 |
the number of years the student participated in each of these | 11933 |
programs. | 11934 |
(4) Any data required to be collected pursuant to federal | 11935 |
law. | 11936 |
(C) The education management information system shall include | 11937 |
cost accounting data for each district as a whole and for each | 11938 |
school building in each school district. The guidelines adopted | 11939 |
under this section shall require the cost data for each school | 11940 |
district to be maintained in a system of mutually exclusive cost | 11941 |
units and shall require all of the costs of each school district | 11942 |
to be divided among the cost units. The guidelines shall require | 11943 |
the system of mutually exclusive cost units to include at least | 11944 |
the following: | 11945 |
(1) Administrative costs for the school district as a whole. | 11946 |
The guidelines shall require the cost units under this division | 11947 |
(C)(1) to be designed so that each of them may be compiled and | 11948 |
reported in terms of average expenditure per pupil in formula ADM | 11949 |
in the school district, as determined pursuant to section 3317.03 | 11950 |
of the Revised Code. | 11951 |
(2) Administrative costs for each school building in the | 11952 |
school district. The guidelines shall require the cost units under | 11953 |
this division (C)(2) to be designed so that each of them may be | 11954 |
compiled and reported in terms of average expenditure per | 11955 |
full-time equivalent pupil receiving instructional or support | 11956 |
services in each building. | 11957 |
(3) Instructional services costs for each category of | 11958 |
instructional service provided directly to students and required | 11959 |
by guidelines adopted pursuant to division (B)(1)(a) of this | 11960 |
section. The guidelines shall require the cost units under | 11961 |
division (C)(3) of this section to be designed so that each of | 11962 |
them may be compiled and reported in terms of average expenditure | 11963 |
per pupil receiving the service in the school district as a whole | 11964 |
and average expenditure per pupil receiving the service in each | 11965 |
building in the school district and in terms of a total cost for | 11966 |
each category of service and, as a breakdown of the total cost, a | 11967 |
cost for each of the following components: | 11968 |
(a) The cost of each instructional services category required | 11969 |
by guidelines adopted under division (B)(1)(a) of this section | 11970 |
that is provided directly to students by a classroom teacher; | 11971 |
(b) The cost of the instructional support services, such as | 11972 |
services provided by a speech-language pathologist, classroom | 11973 |
aide, multimedia aide, or librarian, provided directly to students | 11974 |
in conjunction with each instructional services category; | 11975 |
(c) The cost of the administrative support services related | 11976 |
to each instructional services category, such as the cost of | 11977 |
personnel that develop the curriculum for the instructional | 11978 |
services category and the cost of personnel supervising or | 11979 |
coordinating the delivery of the instructional services category. | 11980 |
(4) Support or extracurricular services costs for each | 11981 |
category of service directly provided to students and required by | 11982 |
guidelines adopted pursuant to division (B)(1)(b) of this section. | 11983 |
The guidelines shall require the cost units under division (C)(4) | 11984 |
of this section to be designed so that each of them may be | 11985 |
compiled and reported in terms of average expenditure per pupil | 11986 |
receiving the service in the school district as a whole and | 11987 |
average expenditure per pupil receiving the service in each | 11988 |
building in the school district and in terms of a total cost for | 11989 |
each category of service and, as a breakdown of the total cost, a | 11990 |
cost for each of the following components: | 11991 |
(a) The cost of each support or extracurricular services | 11992 |
category required by guidelines adopted under division (B)(1)(b) | 11993 |
of this section that is provided directly to students by a | 11994 |
licensed employee, such as services provided by a guidance | 11995 |
counselor or any services provided by a licensed employee under a | 11996 |
supplemental contract; | 11997 |
(b) The cost of each such services category provided directly | 11998 |
to students by a nonlicensed employee, such as janitorial | 11999 |
services, cafeteria services, or services of a sports trainer; | 12000 |
(c) The cost of the administrative services related to each | 12001 |
services category in division (C)(4)(a) or (b) of this section, | 12002 |
such as the cost of any licensed or nonlicensed employees that | 12003 |
develop, supervise, coordinate, or otherwise are involved in | 12004 |
administering or aiding the delivery of each services category. | 12005 |
(D)(1) The guidelines adopted under this section shall | 12006 |
require school districts to collect information about individual | 12007 |
students, staff members, or both in connection with any data | 12008 |
required by division (B) or (C) of this section or other reporting | 12009 |
requirements established in the Revised Code. The guidelines may | 12010 |
also require school districts to report information about | 12011 |
individual staff members in connection with any data required by | 12012 |
division (B) or (C) of this section or other reporting | 12013 |
requirements established in the Revised Code. The guidelines shall | 12014 |
not authorize school districts to request social security numbers | 12015 |
of individual students. The guidelines shall prohibit the | 12016 |
reporting under this section of a student's name, address, and | 12017 |
social security number to the state board of education or the | 12018 |
department of education. The guidelines shall also prohibit the | 12019 |
reporting under this section of any personally identifiable | 12020 |
information about any student, except for the purpose of assigning | 12021 |
the data verification code required by division (D)(2) of this | 12022 |
section, to any other person unless such person is employed by the | 12023 |
school district or the data acquisition site operated under | 12024 |
section 3301.075 of the Revised Code and is authorized by the | 12025 |
district or acquisition site to have access to such information or | 12026 |
is employed by an entity with which the department contracts for | 12027 |
the scoring of tests administered under section 3301.0711 or | 12028 |
3301.0712 of the Revised Code. The guidelines may require school | 12029 |
districts to provide the social security numbers of individual | 12030 |
staff members. | 12031 |
(2) The guidelines shall provide for each school district or | 12032 |
community school to assign a data verification code that is unique | 12033 |
on a statewide basis over time to each student whose initial Ohio | 12034 |
enrollment is in that district or school and to report all | 12035 |
required individual student data for that student utilizing such | 12036 |
code. The guidelines shall also provide for assigning data | 12037 |
verification codes to all students enrolled in districts or | 12038 |
community schools on the effective date of the guidelines | 12039 |
established under this section. | 12040 |
Individual student data shall be reported to the department | 12041 |
through the data acquisition sites utilizing the code but, except | 12042 |
as provided in section 3310.11 of the Revised Code, at no time | 12043 |
shall the state board or the department have access to information | 12044 |
that would enable any data verification code to be matched to | 12045 |
personally identifiable student data. | 12046 |
Each school district shall ensure that the data verification | 12047 |
code is included in the student's records reported to any | 12048 |
subsequent school district or community school in which the | 12049 |
student enrolls. Any such subsequent district or school shall | 12050 |
utilize the same identifier in its reporting of data under this | 12051 |
section. | 12052 |
(E) The guidelines adopted under this section may require | 12053 |
school districts to collect and report data, information, or | 12054 |
reports other than that described in divisions (A), (B), and (C) | 12055 |
of this section for the purpose of complying with other reporting | 12056 |
requirements established in the Revised Code. The other data, | 12057 |
information, or reports may be maintained in the education | 12058 |
management information system but are not required to be compiled | 12059 |
as part of the profile formats required under division (G) of this | 12060 |
section or the annual statewide report required under division (H) | 12061 |
of this section. | 12062 |
(F) Beginning with the school year that begins July 1, 1991, | 12063 |
the board of education of each school district shall annually | 12064 |
collect and report to the state board, in accordance with the | 12065 |
guidelines established by the board, the data required pursuant to | 12066 |
this section. A school district may collect and report these data | 12067 |
notwithstanding section 2151.358 or 3319.321 of the Revised Code. | 12068 |
(G) The state board shall, in accordance with the procedures | 12069 |
it adopts, annually compile the data reported by each school | 12070 |
district pursuant to division (D) of this section. The state board | 12071 |
shall design formats for profiling each school district as a whole | 12072 |
and each school building within each district and shall compile | 12073 |
the data in accordance with these formats. These profile formats | 12074 |
shall: | 12075 |
(1) Include all of the data gathered under this section in a | 12076 |
manner that facilitates comparison among school districts and | 12077 |
among school buildings within each school district; | 12078 |
(2) Present the data on academic achievement levels as | 12079 |
assessed by the testing of student achievement maintained pursuant | 12080 |
to division (B)(1)(d) of this section. | 12081 |
(H)(1) The state board shall, in accordance with the | 12082 |
procedures it adopts, annually prepare a statewide report for all | 12083 |
school districts and the general public that includes the profile | 12084 |
of each of the school districts developed pursuant to division (G) | 12085 |
of this section. Copies of the report shall be sent to each school | 12086 |
district. | 12087 |
(2) The state board shall, in accordance with the procedures | 12088 |
it adopts, annually prepare an individual report for each school | 12089 |
district and the general public that includes the profiles of each | 12090 |
of the school buildings in that school district developed pursuant | 12091 |
to division (G) of this section. Copies of the report shall be | 12092 |
sent to the superintendent of the district and to each member of | 12093 |
the district board of education. | 12094 |
(3) Copies of the reports received from the state board under | 12095 |
divisions (H)(1) and (2) of this section shall be made available | 12096 |
to the general public at each school district's offices. Each | 12097 |
district board of education shall make copies of each report | 12098 |
available to any person upon request and payment of a reasonable | 12099 |
fee for the cost of reproducing the report. The board shall | 12100 |
annually publish in a newspaper of general circulation in the | 12101 |
school district, at least twice during the two weeks prior to the | 12102 |
week in which the reports will first be available, a notice | 12103 |
containing the address where the reports are available and the | 12104 |
date on which the reports will be available. | 12105 |
(I) Any data that is collected or maintained pursuant to this | 12106 |
section and that identifies an individual pupil is not a public | 12107 |
record for the purposes of section 149.43 of the Revised Code. | 12108 |
(J) As used in this section: | 12109 |
(1) "School district" means any city, local, exempted | 12110 |
village, or joint vocational school district. | 12111 |
(2) "Cost" means any expenditure for operating expenses made | 12112 |
by a school district excluding any expenditures for debt | 12113 |
retirement except for payments made to any commercial lending | 12114 |
institution for any loan approved pursuant to section 3313.483 of | 12115 |
the Revised Code. | 12116 |
(K) Any person who removes data from the information system | 12117 |
established under this section for the purpose of releasing it to | 12118 |
any person not entitled under law to have access to such | 12119 |
information is subject to section 2913.42 of the Revised Code | 12120 |
prohibiting tampering with data. | 12121 |
(L) Any time the department of education determines that a | 12122 |
school district has taken any of the actions described under | 12123 |
division (L)(1), (2), or (3) of this section, it shall make a | 12124 |
report of the actions of the district, send a copy of the report | 12125 |
to the superintendent of such school district, and maintain a copy | 12126 |
of the report in its files: | 12127 |
(1) The school district fails to meet any deadline | 12128 |
established pursuant to this section for the reporting of any data | 12129 |
to the education management information system; | 12130 |
(2) The school district fails to meet any deadline | 12131 |
established pursuant to this section for the correction of any | 12132 |
data reported to the education management information system; | 12133 |
(3) The school district reports data to the education | 12134 |
management information system in a condition, as determined by the | 12135 |
department, that indicates that the district did not make a good | 12136 |
faith effort in reporting the data to the system. | 12137 |
Any report made under this division shall include | 12138 |
recommendations for corrective action by the school district. | 12139 |
Upon making a report for the first time in a fiscal year, the | 12140 |
department shall withhold ten per cent of the total amount due | 12141 |
during that fiscal year under Chapter 3317. of the Revised Code to | 12142 |
the school district to which the report applies. Upon making a | 12143 |
second report in a fiscal year, the department shall withhold an | 12144 |
additional twenty per cent of such total amount due during that | 12145 |
fiscal year to the school district to which the report applies. | 12146 |
The department shall not release such funds unless it determines | 12147 |
that the district has taken corrective action. However, no such | 12148 |
release of funds shall occur if the district fails to take | 12149 |
corrective action within forty-five days of the date upon which | 12150 |
the report was made by the department. | 12151 |
(M) No data acquisition site or school district shall | 12152 |
acquire, change, or update its student administration software | 12153 |
package to manage and report data required to be reported to the | 12154 |
department unless it converts to a student software package that | 12155 |
is certified by the department. | 12156 |
(N) The state board of education, in accordance with sections | 12157 |
3319.31 and 3319.311 of the Revised Code, may suspend or revoke a | 12158 |
license as defined under division (A) of section 3319.31 of the | 12159 |
Revised Code that has been issued to any school district employee | 12160 |
found to have willfully reported erroneous, inaccurate, or | 12161 |
incomplete data to the education management information system. | 12162 |
(O) No person shall release or maintain any information about | 12163 |
any student in violation of this section. Whoever violates this | 12164 |
division is guilty of a misdemeanor of the fourth degree. | 12165 |
(P) The department shall disaggregate the data collected | 12166 |
under division (B)(1)(o) of this section according to the race and | 12167 |
socioeconomic status of the students assessed. No data collected | 12168 |
under that division shall be included on the report cards required | 12169 |
by section 3302.03 of the Revised Code. | 12170 |
(Q) If the department cannot compile any of the information | 12171 |
required by division (C)(5) of section 3302.03 of the Revised Code | 12172 |
based upon the data collected under this section, the department | 12173 |
shall develop a plan and a reasonable timeline for the collection | 12174 |
of any data necessary to comply with that division. | 12175 |
Sec. 3302.021. (A) Not earlier than July 1, 2005, and not | 12176 |
later than July 1, 2007, the department of education shall | 12177 |
implement a value-added progress dimension for school districts | 12178 |
and buildings and shall incorporate the value-added progress | 12179 |
dimension into the report cards and performance ratings issued for | 12180 |
districts and buildings under section 3302.03 of the Revised Code. | 12181 |
The state board of education shall adopt rules, pursuant to | 12182 |
Chapter 119. of the Revised Code, for the implementation of the | 12183 |
value-added progress dimension. In adopting rules, the state board | 12184 |
shall consult with the Ohio accountability task force established | 12185 |
under division (D) of this section. The rules adopted under this | 12186 |
division shall specify both of the following: | 12187 |
(1) A scale for describing the levels of academic progress in | 12188 |
reading and mathematics relative to a standard year of academic | 12189 |
growth in those subjects for each of grades three through eight; | 12190 |
(2) That the department shall maintain the confidentiality of | 12191 |
individual student test scores and individual student reports in | 12192 |
accordance with sections 3301.0711, 3301.0714, and 3319.321 of the | 12193 |
Revised Code and federal law. The department may require school | 12194 |
districts to use a unique identifier for each student for this | 12195 |
purpose. Individual student test scores and individual student | 12196 |
reports shall be made available only to a student's classroom | 12197 |
teacher and other appropriate educational personnel and to the | 12198 |
student's parent or guardian. | 12199 |
(B) The department shall use a system designed for collecting | 12200 |
necessary data, calculating the value-added progress dimension, | 12201 |
analyzing data, and generating reports, which system has been used | 12202 |
previously by a non-profit organization led by the Ohio business | 12203 |
community for at least one year in the operation of a pilot | 12204 |
program in cooperation with school districts to collect and report | 12205 |
student achievement data via electronic means and to provide | 12206 |
information to the districts regarding the academic performance of | 12207 |
individual students, grade levels, school buildings, and the | 12208 |
districts as a whole. | 12209 |
(C) The department shall not pay more than two dollars per | 12210 |
student for data analysis and reporting to implement the | 12211 |
value-added progress dimension in the same manner and with the | 12212 |
same services as under the pilot program described by division (B) | 12213 |
of this section. However, nothing in this section shall preclude | 12214 |
the department or any school district from entering into a | 12215 |
contract for the provision of more services at a higher fee per | 12216 |
student. Any data analysis conducted under this section by an | 12217 |
entity under contract with the department shall be completed in | 12218 |
accordance with timelines established by the superintendent of | 12219 |
public instruction. | 12220 |
(D)(1) There is hereby established the Ohio accountability | 12221 |
task force. The task force shall consist of the following thirteen | 12222 |
members: | 12223 |
(a) The chairpersons and ranking minority members of the | 12224 |
house of representatives and senate standing committees primarily | 12225 |
responsible for education legislation, who shall be nonvoting | 12226 |
members; | 12227 |
(b) One representative of the governor's office, appointed by | 12228 |
the governor; | 12229 |
(c) The superintendent of public instruction, or the | 12230 |
superintendent's designee; | 12231 |
(d) One representative of teacher employee organizations | 12232 |
formed pursuant to Chapter 4117. of the Revised Code, appointed by | 12233 |
the speaker of the house of representatives; | 12234 |
(e) One representative of school district boards of | 12235 |
education, appointed by the president of the senate; | 12236 |
(f) One school district superintendent, appointed by the | 12237 |
speaker of the house of representatives; | 12238 |
(g) One representative of business, appointed by the | 12239 |
president of the senate; | 12240 |
(h) One representative of a non-profit organization led by | 12241 |
the Ohio business community, appointed by the governor; | 12242 |
(i) One school building principal, appointed by the president | 12243 |
of the senate; | 12244 |
(j) A member of the state board of education, appointed by | 12245 |
the speaker of the house of representatives. | 12246 |
Initial appointed members of the task force shall serve until | 12247 |
January 1, 2005. Thereafter, terms of office for appointed members | 12248 |
shall be for two years, each term ending on the same day of the | 12249 |
same month as did the term that it succeeds. Each appointed member | 12250 |
shall hold office from the date of appointment until the end of | 12251 |
the term for which the member was appointed. Members may be | 12252 |
reappointed. Vacancies shall be filled in the same manner as the | 12253 |
original appointment. Any member appointed to fill a vacancy | 12254 |
occurring prior to the expiration of the term for which the | 12255 |
member's predecessor was appointed shall hold office for the | 12256 |
remainder of that term. | 12257 |
The task force shall select from among its members a | 12258 |
chairperson. The task force shall meet at least six times each | 12259 |
calendar year and at other times upon the call of the chairperson | 12260 |
to conduct its business. Members of the task force shall serve | 12261 |
without compensation. | 12262 |
(2) The task force shall do all of the following: | 12263 |
(a) Examine the implementation of the value-added progress | 12264 |
dimension by the department, including the system described in | 12265 |
division (B) of this section, the reporting of performance data to | 12266 |
school districts and buildings, and the provision of professional | 12267 |
development on the interpretation of the data to classroom | 12268 |
teachers and administrators; | 12269 |
(b) Periodically review any fees for data analysis and | 12270 |
reporting paid by the department pursuant to division (C) of this | 12271 |
section and determine if the fees are appropriate based upon the | 12272 |
level of services provided; | 12273 |
(c) Periodically report to the department and the state board | 12274 |
on all issues related to the school district and building | 12275 |
accountability system established under this chapter; | 12276 |
(d) Not later than seven years after its initial meeting, | 12277 |
make recommendations to improve the school district and building | 12278 |
accountability system established under this chapter. The task | 12279 |
force shall adopt recommendations by a majority vote of its | 12280 |
members. Copies of the recommendations shall be provided to the | 12281 |
state board, the governor, the speaker of the house of | 12282 |
representatives, and the president of the senate. | 12283 |
(e) Determine starting dates for the implementation of the | 12284 |
value-added progress dimension and its incorporation into school | 12285 |
district and building report cards and performance ratings. | 12286 |
Sec. 3307.32. All amounts due the state teachers retirement | 12287 |
system from the state treasury pursuant to this chapter shall be | 12288 |
promptly paid upon warrant of
the | 12289 |
budget and management pursuant to a voucher approved by the | 12290 |
director | 12291 |
Sec. 3309.68. All amounts due the school employees | 12292 |
retirement system from the state treasury pursuant to this chapter | 12293 |
shall be promptly paid upon warrant of
the | 12294 |
director of budget and management pursuant to a voucher approved | 12295 |
by the director | 12296 |
Sec. 3310.03. (A) A student is an "eligible student" for | 12297 |
purposes of the educational choice scholarship pilot program if | 12298 |
the student satisfies both of the following conditions: | 12299 |
(1) The student either: | 12300 |
(a) Is enrolled in a school building that is operated by the | 12301 |
student's resident district and that the department of education | 12302 |
declared, in the most recent rating of school buildings published | 12303 |
prior to the first day of July of the school year for which a | 12304 |
scholarship is sought and in the two preceding school years, to be | 12305 |
in a state of academic emergency or academic watch under section | 12306 |
3302.03 of the Revised Code; | 12307 |
(b) Is eligible to enroll in kindergarten in the school year | 12308 |
for which a scholarship is sought and otherwise would be assigned | 12309 |
under section 3319.01 of the Revised Code to a school building | 12310 |
described in division (A)(1)(a) of this section; | 12311 |
(c) Is enrolled in a community school established under | 12312 |
Chapter 3314. of the Revised Code but otherwise would be assigned | 12313 |
under section 3319.01 of the Revised Code to a building described | 12314 |
in division (A)(1)(a) of this section; | 12315 |
(d) Is eligible to enroll in kindergarten in the school year | 12316 |
for which a scholarship is sought, or is enrolled in a community | 12317 |
school established under Chapter 3314. of the Revised Code, and | 12318 |
the student's resident district both: | 12319 |
(i) Has in force an intradistrict open enrollment policy | 12320 |
under which no student in kindergarten or the community school | 12321 |
student's grade level, respectively, is automatically assigned to | 12322 |
a particular school building; | 12323 |
(ii) In the most recent rating of school districts published | 12324 |
prior to the first day of July of the school year for which a | 12325 |
scholarship is sought and in the preceding two school years, was | 12326 |
declared to be in a state of academic emergency under section | 12327 |
3302.03 of the Revised Code. | 12328 |
(2) The student's resident district is not a school district | 12329 |
in which the pilot project scholarship program is operating under | 12330 |
sections 3313.974 to 3313.979 of the Revised Code. | 12331 |
(B) A student who receives a scholarship under the | 12332 |
educational choice scholarship pilot program remains an eligible | 12333 |
student and may continue to receive scholarships in subsequent | 12334 |
school years until the student completes grade twelve, so long as | 12335 |
all of the following apply: | 12336 |
(1) The student's resident district remains the same; | 12337 |
(2) The student takes each state test prescribed for the | 12338 |
student's grade level under section 3301.0710 or 3301.0712 of the | 12339 |
Revised Code while enrolled in a chartered nonpublic school; | 12340 |
(3) In each school year that the student is enrolled in a | 12341 |
chartered nonpublic school, the student is absent from school for | 12342 |
not more than twenty days that the school is open for instruction, | 12343 |
not including absences due to illness or injury confirmed in | 12344 |
writing by a physician. | 12345 |
(C) The superintendent shall cease awarding first-time | 12346 |
scholarships with respect to a school building that, in the most | 12347 |
recent ratings of school buildings published under section 3302.03 | 12348 |
of the Revised Code prior to the first day of July of the school | 12349 |
year, ceases to be in a state of academic emergency or academic | 12350 |
watch. However, students who have received scholarships in the | 12351 |
prior school year remain eligible students pursuant to division | 12352 |
(B) of this section. | 12353 |
Sec. 3310.06. It is the policy adopted by the general | 12354 |
assembly that the educational choice scholarship pilot program | 12355 |
shall be construed as one of several educational options available | 12356 |
for students enrolled in academic emergency or academic watch | 12357 |
school buildings. Students may be enrolled in the schools of the | 12358 |
student's resident district, in a community school established | 12359 |
under Chapter 3314. of the Revised Code, in the schools of another | 12360 |
school district pursuant to an open enrollment policy adopted | 12361 |
under section 3313.98 of the Revised Code, in a chartered | 12362 |
nonpublic school with or without a scholarship under the | 12363 |
educational choice scholarship pilot program, or in other schools | 12364 |
as the law may provide. | 12365 |
Sec. 3310.11. (A) Only for the purpose of administering the | 12366 |
educational choice scholarship pilot program, the department of | 12367 |
education may request from the resident district of each student | 12368 |
seeking a scholarship under the program or, if applicable, from | 12369 |
the community school in which that student is enrolled the data | 12370 |
verification code assigned to that student under division (D)(2) | 12371 |
of section 3301.0714 of the Revised Code. | 12372 |
(B) Upon a request by the department under division (A) of | 12373 |
this section for the data verification code of a student seeking a | 12374 |
scholarship or a request by the student's parent for that code, | 12375 |
the school district or community school shall submit that code to | 12376 |
the department or parent in the manner specified by the | 12377 |
department. If the student has not been assigned a code, because | 12378 |
the student will be entering kindergarten during the school year | 12379 |
for which the scholarship is sought, the district shall assign a | 12380 |
code to that student and submit the code to the department or | 12381 |
parent. | 12382 |
(C) For the purpose of administering the applicable tests | 12383 |
prescribed under sections 3301.0710 and 3301.0712 of the Revised | 12384 |
Code, as required by section 3310.14 of the Revised Code, the | 12385 |
department shall provide to each chartered nonpublic school that | 12386 |
enrolls a scholarship student the data verification code for that | 12387 |
student. | 12388 |
(D) The department and each chartered nonpublic school that | 12389 |
receives a data verification code under this section shall not | 12390 |
release that code to any person except as provided by law. | 12391 |
Any document relative to this program that the department | 12392 |
holds in its files that contains both a student's name or other | 12393 |
personally identifiable information and the student's data | 12394 |
verification code shall not be a public record under section | 12395 |
149.43 of the Revised Code. | 12396 |
Sec. 3310.12. Except as provided in division (D) of section | 12397 |
3310.11 of the Revised Code, documents relative to the educational | 12398 |
choice scholarship pilot program that the department holds in its | 12399 |
files are public records under section 149.43 of the Revised Code | 12400 |
and may be released pursuant to that section subject to the | 12401 |
provisions of section 3319.321 of the Revised Code and the "Family | 12402 |
Educational Rights and Privacy Act of 1974," 88 Stat. 571, 20 | 12403 |
U.S.C. 1232g, as amended. | 12404 |
Sec. 3313.29. The treasurer of each board of education shall | 12405 |
keep an account of all school funds of the district. The treasurer | 12406 |
shall receive all vouchers for payments and disbursements made to | 12407 |
and by the board and preserve such vouchers for a period of ten | 12408 |
years unless copied or reproduced according to the procedure | 12409 |
prescribed in section 9.01 of the Revised Code. Thereafter, such | 12410 |
vouchers may be destroyed by the treasurer upon applying to and | 12411 |
obtaining an order from the school district records commission in | 12412 |
the manner prescribed by section 149.41 of the Revised Code, | 12413 |
except that it shall not be necessary to copy or reproduce such | 12414 |
vouchers before their destruction. The treasurer shall render a | 12415 |
statement to the board and to the superintendent of the school | 12416 |
district, monthly, or more often if required, showing the revenues | 12417 |
and receipts from whatever sources derived, the various | 12418 |
appropriations made by the board, the expenditures and | 12419 |
disbursements therefrom, the purposes thereof, the balances | 12420 |
remaining in each appropriation, and the assets and liabilities of | 12421 |
the school district. At the end of the fiscal year such statement | 12422 |
shall be a complete exhibit of the financial affairs of the school | 12423 |
district which may be published and distributed with the approval | 12424 |
of the board. All monthly and yearly statements as required in | 12425 |
this section shall be available for examination by the public. | 12426 |
On request of the principal or other chief administrator of | 12427 |
any nonpublic school located within the school district's | 12428 |
territory, the treasurer shall provide such principal or | 12429 |
administrator with an account of the moneys received by the | 12430 |
district under division | 12431 |
Code as reported to the district's board in the treasurer's most | 12432 |
recent monthly statement. | 12433 |
Sec. 3313.372. (A) As used in this section, "energy | 12434 |
conservation measure" means an installation or modification of an | 12435 |
installation in, or remodeling of, a building, to reduce energy | 12436 |
consumption. It includes: | 12437 |
(1) Insulation of the building structure and systems within | 12438 |
the building; | 12439 |
(2) Storm windows and doors, multiglazed windows and doors, | 12440 |
heat absorbing or heat reflective glazed and coated window and | 12441 |
door systems, additional glazing, reductions in glass area, and | 12442 |
other window and door system modifications that reduce energy | 12443 |
consumption; | 12444 |
(3) Automatic energy control systems; | 12445 |
(4) Heating, ventilating, or air conditioning system | 12446 |
modifications or replacements; | 12447 |
(5) Caulking and weatherstripping; | 12448 |
(6) Replacement or modification of lighting fixtures to | 12449 |
increase the energy efficiency of the system without increasing | 12450 |
the overall illumination of a facility, unless such increase in | 12451 |
illumination is necessary to conform to the applicable state or | 12452 |
local building code for the proposed lighting system; | 12453 |
(7) Energy recovery systems; | 12454 |
(8) Cogeneration systems that produce steam or forms of | 12455 |
energy such as heat, as well as electricity, for use primarily | 12456 |
within a building or complex of buildings; | 12457 |
(9) Any other modification, installation, or remodeling | 12458 |
approved by the Ohio school facilities commission as an energy | 12459 |
conservation measure. | 12460 |
(B) A board of education of a city, exempted village, local, | 12461 |
or joint vocational school district may enter into an installment | 12462 |
payment contract for the purchase and installation of energy | 12463 |
conservation measures. The provisions of such installment payment | 12464 |
contracts dealing with interest charges and financing terms shall | 12465 |
not be subject to the competitive bidding requirements of section | 12466 |
3313.46 of the Revised Code, and shall be on the following terms: | 12467 |
(1) Not less than one-fifteenth of the costs thereof shall be | 12468 |
paid within two years from the date of purchase. | 12469 |
(2) The remaining balance of the costs thereof shall be paid | 12470 |
within fifteen years from the date of purchase. | 12471 |
An installment payment contract entered into by a board of | 12472 |
education under this section shall require the board to contract | 12473 |
in accordance with division (A) of section 3313.46 of the Revised | 12474 |
Code for the installation, modification, or remodeling of energy | 12475 |
conservation measures unless division (A) of section 3313.46 of | 12476 |
the Revised Code does not apply pursuant to division (B)(3) of | 12477 |
that section. | 12478 |
(C) The board may issue the notes of the school district | 12479 |
signed by the president and the treasurer of the board and | 12480 |
specifying the terms of the purchase and securing the deferred | 12481 |
payments provided in this section, payable at the times provided | 12482 |
and bearing interest at a rate not exceeding the rate determined | 12483 |
as provided in section 9.95 of the Revised Code. The notes may | 12484 |
contain an option for prepayment and shall not be subject to | 12485 |
Chapter 133. of the Revised Code. In the resolution authorizing | 12486 |
the notes, the board may provide, without the vote of the electors | 12487 |
of the district, for annually levying and collecting taxes in | 12488 |
amounts sufficient to pay the interest on and retire the notes, | 12489 |
except that the total net indebtedness of the district without a | 12490 |
vote of the electors incurred under this and all other sections of | 12491 |
the Revised Code, except section 3318.052 of the Revised Code, | 12492 |
shall not exceed one per cent of the district's tax valuation. | 12493 |
Revenues derived from local taxes or otherwise, for the purpose of | 12494 |
conserving energy or for defraying the current operating expenses | 12495 |
of the district, may be applied to the payment of interest and the | 12496 |
retirement of such notes. The notes may be sold at private sale or | 12497 |
given to the contractor under the installment payment contract | 12498 |
authorized by division (B) of this section. | 12499 |
(D) Debt incurred under this section shall not be included in | 12500 |
the calculation of the net indebtedness of a school district under | 12501 |
section 133.06 of the Revised Code. | 12502 |
(E) No school district board shall enter into an installment | 12503 |
payment contract under division (B) of this section unless it | 12504 |
first obtains a report of the costs of the energy conservation | 12505 |
measures and the savings thereof as described under division (G) | 12506 |
of section 133.06 of the Revised Code as a requirement for issuing | 12507 |
energy securities, makes a finding that the amount spent on such | 12508 |
measures is not likely to exceed the amount of money it would save | 12509 |
in energy costs and resultant operational and maintenance costs as | 12510 |
described in that division, except that that finding shall cover | 12511 |
the ensuing fifteen years, and the Ohio school facilities | 12512 |
commission determines that the district board's findings are | 12513 |
reasonable and approves the contract as described in that | 12514 |
division. | 12515 |
The district board shall monitor the savings and maintain a | 12516 |
report of those savings, which shall be available to the | 12517 |
commission in the same manner as required by division (G) of | 12518 |
section 133.06 of the Revised Code in the case of energy | 12519 |
securities. | 12520 |
Sec. 3313.61. (A) A diploma shall be granted by the board of | 12521 |
education of any city, exempted village, or local school district | 12522 |
that operates a high school to any person to whom all of the | 12523 |
following apply: | 12524 |
(1) The person has successfully completed the curriculum in | 12525 |
any high school or the individualized education program developed | 12526 |
for the person by any high school pursuant to section 3323.08 of | 12527 |
the Revised Code, provided that no school district shall require a | 12528 |
student to remain in school for any specific number of semesters | 12529 |
or other terms if the student completes the required curriculum | 12530 |
early; | 12531 |
(2) Subject to section 3313.614 of the Revised Code, the | 12532 |
person either: | 12533 |
(a) Has attained at least the applicable scores designated | 12534 |
under division (B) of section 3301.0710 of the Revised Code on all | 12535 |
the tests required by that division unless the person was excused | 12536 |
from taking any such test pursuant to section 3313.532 of the | 12537 |
Revised Code or unless division (H) or (L) of this section applies | 12538 |
to the person; | 12539 |
(b) Has satisfied the alternative conditions prescribed in | 12540 |
section 3313.615 of the Revised Code. | 12541 |
(3) The person is not eligible to receive an honors diploma | 12542 |
granted pursuant to division (B) of this section. | 12543 |
Except as provided in divisions (C), (E), (J), and (L) of | 12544 |
this section, no diploma shall be granted under this division to | 12545 |
anyone except as provided under this division. | 12546 |
(B) In lieu of a diploma granted under division (A) of this | 12547 |
section, an honors diploma shall be granted, in accordance with | 12548 |
rules of the state board of education, by any such district board | 12549 |
to anyone who successfully completes the curriculum in any high | 12550 |
school or the individualized education program developed for the | 12551 |
person by any high school pursuant to section 3323.08 of the | 12552 |
Revised Code, who has attained subject to section 3313.614 of the | 12553 |
Revised Code at least the applicable scores designated under | 12554 |
division (B) of section 3301.0710 of the Revised Code on all the | 12555 |
tests required by that division, or has satisfied the alternative | 12556 |
conditions prescribed in section 3313.615 of the Revised Code, and | 12557 |
who has met additional criteria established by the state board for | 12558 |
the granting of such a diploma. Except as provided in divisions | 12559 |
(C), (E), and (J) of this section, no honors diploma shall be | 12560 |
granted to anyone failing to comply with this division and no more | 12561 |
than one honors diploma shall be granted to any student under this | 12562 |
division. | 12563 |
The state board shall adopt rules prescribing the granting of | 12564 |
honors diplomas under this division. These rules may prescribe the | 12565 |
granting of honors diplomas that recognize a student's achievement | 12566 |
as a whole or that recognize a student's achievement in one or | 12567 |
more specific subjects or both. In any case, the rules shall | 12568 |
designate two or more criteria for the granting of each type of | 12569 |
honors diploma the board establishes under this division and the | 12570 |
number of such criteria that must be met for the granting of that | 12571 |
type of diploma. The number of such criteria for any type of | 12572 |
honors diploma shall be at least one less than the total number of | 12573 |
criteria designated for that type and no one or more particular | 12574 |
criteria shall be required of all persons who are to be granted | 12575 |
that type of diploma. | 12576 |
(C) Any such district board administering any of the tests | 12577 |
required by section 3301.0710 or 3301.0712 of the Revised Code to | 12578 |
any person requesting to take such test pursuant to division | 12579 |
(B)(8)(b) of section 3301.0711 of the Revised Code shall award a | 12580 |
diploma to such person if the person attains at least the | 12581 |
applicable scores designated under division (B) of section | 12582 |
3301.0710 of the Revised Code on all the tests administered and if | 12583 |
the person has previously attained the applicable scores on all | 12584 |
the other tests required by division (B) of that section or has | 12585 |
been exempted or excused from attaining the applicable score on | 12586 |
any such test pursuant to division (H) or (L) of this section or | 12587 |
from taking any such test pursuant to section 3313.532 of the | 12588 |
Revised Code. | 12589 |
(D) Each diploma awarded under this section shall be signed | 12590 |
by the president and treasurer of the issuing board, the | 12591 |
superintendent of schools, and the principal of the high school. | 12592 |
Each diploma shall bear the date of its issue, be in such form as | 12593 |
the district board prescribes, and be paid for out of the | 12594 |
district's general fund. | 12595 |
(E) A person who is a resident of Ohio and is eligible under | 12596 |
state board of education minimum standards to receive a high | 12597 |
school diploma based in whole or in part on credits earned while | 12598 |
an inmate of a correctional institution operated by the state or | 12599 |
any political subdivision thereof, shall be granted such diploma | 12600 |
by the correctional institution operating the programs in which | 12601 |
such credits were earned, and by the board of education of the | 12602 |
school district in which the inmate resided immediately prior to | 12603 |
the inmate's placement in the institution. The diploma granted by | 12604 |
the correctional institution shall be signed by the director of | 12605 |
the institution, and by the person serving as principal of the | 12606 |
institution's high school and shall bear the date of issue. | 12607 |
(F) Persons who are not residents of Ohio but who are inmates | 12608 |
of correctional institutions operated by the state or any | 12609 |
political subdivision thereof, and who are eligible under state | 12610 |
board of education minimum standards to receive a high school | 12611 |
diploma based in whole or in part on credits earned while an | 12612 |
inmate of the correctional institution, shall be granted a diploma | 12613 |
by the correctional institution offering the program in which the | 12614 |
credits were earned. The diploma granted by the correctional | 12615 |
institution shall be signed by the director of the institution and | 12616 |
by the person serving as principal of the institution's high | 12617 |
school and shall bear the date of issue. | 12618 |
(G) The state board of education shall provide by rule for | 12619 |
the administration of the tests required by section 3301.0710 of | 12620 |
the Revised Code to inmates of correctional institutions. | 12621 |
(H) Any person to whom all of the following apply shall be | 12622 |
exempted from attaining the applicable score on the test in social | 12623 |
studies designated under division (B) of section 3301.0710 of the | 12624 |
Revised Code or the test in citizenship designated under former | 12625 |
division (B) of section 3301.0710 of the Revised Code as it | 12626 |
existed prior to September 11, 2001: | 12627 |
(1) The person is not a citizen of the United States; | 12628 |
(2) The person is not a permanent resident of the United | 12629 |
States; | 12630 |
(3) The person indicates no intention to reside in the United | 12631 |
States after the completion of high school. | 12632 |
(I) Notwithstanding division (D) of section 3311.19 and | 12633 |
division (D) of section 3311.52 of the Revised Code, this section | 12634 |
and section 3311.611 of the Revised Code do not apply to the board | 12635 |
of education of any joint vocational school district or any | 12636 |
cooperative education school district established pursuant to | 12637 |
divisions (A) to (C) of section 3311.52 of the Revised Code. | 12638 |
(J) Upon receipt of a notice under division (D) of section | 12639 |
3325.08 of the Revised Code that a student has received a diploma | 12640 |
under that section, the board of education receiving the notice | 12641 |
may grant a high school diploma under this section to the student, | 12642 |
except that such board shall grant the student a diploma if the | 12643 |
student meets the graduation requirements that the student would | 12644 |
otherwise have had to meet to receive a diploma from the district. | 12645 |
The diploma granted under this section shall be of the same type | 12646 |
the notice indicates the student received under section 3325.08 of | 12647 |
the Revised Code. | 12648 |
(K) As used in this division, "limited English proficient | 12649 |
student" has the same meaning as in division (C)(3) of section | 12650 |
3301.0711 of the Revised Code. | 12651 |
Notwithstanding division (C)(3) of section 3301.0711 of the | 12652 |
Revised Code, no limited English proficient student who has not | 12653 |
attained the applicable scores designated under division (B) of | 12654 |
section 3301.0710 of the Revised Code on all the tests required by | 12655 |
that division shall be awarded a diploma under this section. | 12656 |
(L) Any student described by division (A)(1) of this section | 12657 |
may be awarded a diploma without attaining the applicable scores | 12658 |
designated on the tests prescribed under division (B) of section | 12659 |
3301.0710 of the Revised Code provided an individualized education | 12660 |
program specifically exempts the student from attaining such | 12661 |
scores. This division does not negate the requirement for such a | 12662 |
student to take all such tests or alternate assessments required | 12663 |
by division (C)(1) of section 3301.0711 of the Revised Code for | 12664 |
the purpose of assessing student progress as required by federal | 12665 |
law. | 12666 |
Sec. 3313.64. (A) As used in this section and in section | 12667 |
3313.65 of the Revised Code: | 12668 |
(1)(a) Except as provided in division (A)(1)(b) of this | 12669 |
section, "parent" means either parent, unless the parents are | 12670 |
separated or divorced or their marriage has been dissolved or | 12671 |
annulled, in which case "parent" means the parent who is the | 12672 |
residential parent and legal custodian of the child. When a child | 12673 |
is in the legal custody of a government agency or a person other | 12674 |
than the child's natural or adoptive parent, "parent" means the | 12675 |
parent with residual parental rights, privileges, and | 12676 |
responsibilities. When a child is in the permanent custody of a | 12677 |
government agency or a person other than the child's natural or | 12678 |
adoptive parent, "parent" means the parent who was divested of | 12679 |
parental rights and responsibilities for the care of the child and | 12680 |
the right to have the child live with the parent and be the legal | 12681 |
custodian of the child and all residual parental rights, | 12682 |
privileges, and responsibilities. | 12683 |
(b) When a child is the subject of a power of attorney | 12684 |
executed under sections 3109.51 to 3109.62 of the Revised Code, | 12685 |
"parent" means the grandparent designated as attorney in fact | 12686 |
under the power of attorney. When a child is the subject of a | 12687 |
caretaker authorization affidavit executed under sections 3109.64 | 12688 |
to 3109.73 of the Revised Code, "parent" means the grandparent | 12689 |
that executed the affidavit. | 12690 |
(2) "Legal custody," "permanent custody," and "residual | 12691 |
parental rights, privileges, and responsibilities" have the same | 12692 |
meanings as in section 2151.011 of the Revised Code. | 12693 |
(3) "School district" or "district" means a city, local, or | 12694 |
exempted village school district and excludes any school operated | 12695 |
in an institution maintained by the department of youth services. | 12696 |
(4) Except as used in division (C)(2) of this section, "home" | 12697 |
means a home, institution, foster home, group home, or other | 12698 |
residential facility in this state that receives and cares for | 12699 |
children, to which any of the following applies: | 12700 |
(a) The home is licensed, certified, or approved for such | 12701 |
purpose by the state or is maintained by the department of youth | 12702 |
services. | 12703 |
(b) The home is operated by a person who is licensed, | 12704 |
certified, or approved by the state to operate the home for such | 12705 |
purpose. | 12706 |
(c) The home accepted the child through a placement by a | 12707 |
person licensed, certified, or approved to place a child in such a | 12708 |
home by the state. | 12709 |
(d) The home is a children's home created under section | 12710 |
5153.21 or 5153.36 of the Revised Code. | 12711 |
(5) "Agency" means all of the following: | 12712 |
(a) A public children services agency; | 12713 |
(b) An organization that holds a certificate issued by the | 12714 |
Ohio department of job and family services in accordance with the | 12715 |
requirements of section 5103.03 of the Revised Code and assumes | 12716 |
temporary or permanent custody of children through commitment, | 12717 |
agreement, or surrender, and places children in family homes for | 12718 |
the purpose of adoption; | 12719 |
(c) Comparable agencies of other states or countries that | 12720 |
have complied with applicable requirements of section 2151.39, or | 12721 |
sections 5103.20 to 5103.28 of the Revised Code. | 12722 |
(6) A child is placed for adoption if either of the following | 12723 |
occurs: | 12724 |
(a) An agency to which the child has been permanently | 12725 |
committed or surrendered enters into an agreement with a person | 12726 |
pursuant to section 5103.16 of the Revised Code for the care and | 12727 |
adoption of the child. | 12728 |
(b) The child's natural parent places the child pursuant to | 12729 |
section 5103.16 of the Revised Code with a person who will care | 12730 |
for and adopt the child. | 12731 |
(7) "Handicapped preschool child" means a handicapped child, | 12732 |
as defined by division (A) of section 3323.01 of the Revised Code, | 12733 |
who is at least three years of age but is not of compulsory school | 12734 |
age, as defined in section 3321.01 of the Revised Code, and who is | 12735 |
not currently enrolled in kindergarten. | 12736 |
(8) "Child," unless otherwise indicated, includes handicapped | 12737 |
preschool children. | 12738 |
(9) "Active duty" means active duty pursuant to an executive | 12739 |
order of the president of the United States, an act of the | 12740 |
congress of the United States, or section 5919.29 or 5923.21 of | 12741 |
the Revised Code. | 12742 |
(B) Except as otherwise provided in section 3321.01 of the | 12743 |
Revised Code for admittance to kindergarten and first grade, a | 12744 |
child who is at least five but under twenty-two years of age and | 12745 |
any handicapped preschool child shall be admitted to school as | 12746 |
provided in this division. | 12747 |
(1) A child shall be admitted to the schools of the school | 12748 |
district in which the child's parent resides. | 12749 |
(2) A child who does not reside in the district where the | 12750 |
child's parent resides shall be admitted to the schools of the | 12751 |
district in which the child resides if any of the following | 12752 |
applies: | 12753 |
(a) The child is in the legal or permanent custody of a | 12754 |
government agency or a person other than the child's natural or | 12755 |
adoptive parent. | 12756 |
(b) The child resides in a home. | 12757 |
(c) The child requires special education. | 12758 |
(3) A child who is not entitled under division (B)(2) of this | 12759 |
section to be admitted to the schools of the district where the | 12760 |
child resides and who is residing with a resident of this state | 12761 |
with whom the child has been placed for adoption shall be admitted | 12762 |
to the schools of the district where the child resides unless | 12763 |
either of the following applies: | 12764 |
(a) The placement for adoption has been terminated. | 12765 |
(b) Another school district is required to admit the child | 12766 |
under division (B)(1) of this section. | 12767 |
Division (B) of this section does not prohibit the board of | 12768 |
education of a school district from placing a handicapped child | 12769 |
who resides in the district in a special education program outside | 12770 |
of the district or its schools in compliance with Chapter 3323. of | 12771 |
the Revised Code. | 12772 |
(C) A district shall not charge tuition for children admitted | 12773 |
under division (B)(1) or (3) of this section. If the district | 12774 |
admits a child under division (B)(2) of this section, tuition | 12775 |
shall be paid to the district that admits the child as follows: | 12776 |
(1) If the child receives special education in accordance | 12777 |
with Chapter 3323. of the Revised Code, the school district of | 12778 |
residence, as defined in section 3323.01 of the Revised Code, | 12779 |
shall pay tuition | 12780 |
section 3323.091, 3323.13, 3323.14, or 3323.141 of the Revised | 12781 |
Code regardless of who has custody of the child or whether the | 12782 |
child resides in a home. | 12783 |
(2) | 12784 |
education in accordance with Chapter 3323. of the Revised Code, | 12785 |
except as otherwise provided in division (C)(2)(d) of this | 12786 |
section, if the child is in the permanent or legal custody of a | 12787 |
government agency or person other than the child's parent, tuition | 12788 |
shall be paid by: | 12789 |
(a) The district in which the child's parent resided at the | 12790 |
time the court removed the child from home or at the time the | 12791 |
court vested legal or permanent custody of the child in the person | 12792 |
or government agency, whichever occurred first; | 12793 |
(b) If the parent's residence at the time the court removed | 12794 |
the child from home or placed the child in the legal or permanent | 12795 |
custody of the person or government agency is unknown, tuition | 12796 |
shall be paid by the district in which the child resided at the | 12797 |
time the child was removed from home or placed in legal or | 12798 |
permanent custody, whichever occurred first; | 12799 |
(c) If a school district cannot be established under division | 12800 |
(C)(2)(a) or (b) of this section, tuition shall be paid by the | 12801 |
district determined as required by section 2151.357 of the Revised | 12802 |
Code by the court at the time it vests custody of the child in the | 12803 |
person or government agency; | 12804 |
(d) If at the time the court removed the child from home or | 12805 |
vested legal or permanent custody of the child in the person or | 12806 |
government agency, whichever occurred first, one parent was in a | 12807 |
residential or correctional facility or a juvenile residential | 12808 |
placement and the other parent, if living and not in such a | 12809 |
facility or placement, was not known to reside in this state, | 12810 |
tuition shall be paid by the district determined under division | 12811 |
(D) of section 3313.65 of the Revised Code as the district | 12812 |
required to pay any tuition while the parent was in such facility | 12813 |
or placement; | 12814 |
(e) If the court has modified its order as to which district | 12815 |
is responsible to bear the cost of educating the child pursuant to | 12816 |
division (A)(2) of section 2151.357 of the Revised Code, the | 12817 |
district determined to be responsible for that cost in the order | 12818 |
so modified. | 12819 |
(3) If the child is not in the permanent or legal custody of | 12820 |
a government agency or person other than the child's parent and | 12821 |
the child resides in a home, tuition shall be paid by one of the | 12822 |
following: | 12823 |
(a) The school district in which the child's parent resides; | 12824 |
(b) If the child's parent is not a resident of this state, | 12825 |
the home in which the child resides. | 12826 |
(D) Tuition required to be paid under divisions (C)(2) and | 12827 |
(3)(a) of this section shall be computed in accordance with | 12828 |
section 3317.08 of the Revised Code. Tuition required to be paid | 12829 |
under division (C)(3)(b) of this section shall be computed in | 12830 |
accordance with section 3317.081 of the Revised Code. If a home | 12831 |
fails to pay the tuition required by division (C)(3)(b) of this | 12832 |
section, the board of education providing the education may | 12833 |
recover in a civil action the tuition and the expenses incurred in | 12834 |
prosecuting the action, including court costs and reasonable | 12835 |
attorney's fees. If the prosecuting attorney or city director of | 12836 |
law represents the board in such action, costs and reasonable | 12837 |
attorney's fees awarded by the court, based upon the prosecuting | 12838 |
attorney's, director's, or one of their designee's time spent | 12839 |
preparing and presenting the case, shall be deposited in the | 12840 |
county or city general fund. | 12841 |
(E) A board of education may enroll a child free of any | 12842 |
tuition obligation for a period not to exceed sixty days, on the | 12843 |
sworn statement of an adult resident of the district that the | 12844 |
resident has initiated legal proceedings for custody of the child. | 12845 |
(F) In the case of any individual entitled to attend school | 12846 |
under this division, no tuition shall be charged by the school | 12847 |
district of attendance and no other school district shall be | 12848 |
required to pay tuition for the individual's attendance. | 12849 |
Notwithstanding division (B), (C), or (E) of this section: | 12850 |
(1) All persons at least eighteen but under twenty-two years | 12851 |
of age who live apart from their parents, support themselves by | 12852 |
their own labor, and have not successfully completed the high | 12853 |
school curriculum or the individualized education program | 12854 |
developed for the person by the high school pursuant to section | 12855 |
3323.08 of the Revised Code, are entitled to attend school in the | 12856 |
district in which they reside. | 12857 |
(2) Any child under eighteen years of age who is married is | 12858 |
entitled to attend school in the child's district of residence. | 12859 |
(3) A child is entitled to attend school in the district in | 12860 |
which either of the child's parents is employed if the child has a | 12861 |
medical condition that may require emergency medical attention. | 12862 |
The parent of a child entitled to attend school under division | 12863 |
(F)(3) of this section shall submit to the board of education of | 12864 |
the district in which the parent is employed a statement from the | 12865 |
child's physician certifying that the child's medical condition | 12866 |
may require emergency medical attention. The statement shall be | 12867 |
supported by such other evidence as the board may require. | 12868 |
(4) Any child residing with a person other than the child's | 12869 |
parent is entitled, for a period not to exceed twelve months, to | 12870 |
attend school in the district in which that person resides if the | 12871 |
child's parent files an affidavit with the superintendent of the | 12872 |
district in which the person with whom the child is living resides | 12873 |
stating all of the following: | 12874 |
(a) That the parent is serving outside of the state in the | 12875 |
armed services of the United States; | 12876 |
(b) That the parent intends to reside in the district upon | 12877 |
returning to this state; | 12878 |
(c) The name and address of the person with whom the child is | 12879 |
living while the parent is outside the state. | 12880 |
(5) Any child under the age of twenty-two years who, after | 12881 |
the death of a parent, resides in a school district other than the | 12882 |
district in which the child attended school at the time of the | 12883 |
parent's death is entitled to continue to attend school in the | 12884 |
district in which the child attended school at the time of the | 12885 |
parent's death for the remainder of the school year, subject to | 12886 |
approval of that district board. | 12887 |
(6) A child under the age of twenty-two years who resides | 12888 |
with a parent who is having a new house built in a school district | 12889 |
outside the district where the parent is residing is entitled to | 12890 |
attend school for a period of time in the district where the new | 12891 |
house is being built. In order to be entitled to such attendance, | 12892 |
the parent shall provide the district superintendent with the | 12893 |
following: | 12894 |
(a) A sworn statement explaining the situation, revealing the | 12895 |
location of the house being built, and stating the parent's | 12896 |
intention to reside there upon its completion; | 12897 |
(b) A statement from the builder confirming that a new house | 12898 |
is being built for the parent and that the house is at the | 12899 |
location indicated in the parent's statement. | 12900 |
(7) A child under the age of twenty-two years residing with a | 12901 |
parent who has a contract to purchase a house in a school district | 12902 |
outside the district where the parent is residing and who is | 12903 |
waiting upon the date of closing of the mortgage loan for the | 12904 |
purchase of such house is entitled to attend school for a period | 12905 |
of time in the district where the house is being purchased. In | 12906 |
order to be entitled to such attendance, the parent shall provide | 12907 |
the district superintendent with the following: | 12908 |
(a) A sworn statement explaining the situation, revealing the | 12909 |
location of the house being purchased, and stating the parent's | 12910 |
intent to reside there; | 12911 |
(b) A statement from a real estate broker or bank officer | 12912 |
confirming that the parent has a contract to purchase the house, | 12913 |
that the parent is waiting upon the date of closing of the | 12914 |
mortgage loan, and that the house is at the location indicated in | 12915 |
the parent's statement. | 12916 |
The district superintendent shall establish a period of time | 12917 |
not to exceed ninety days during which the child entitled to | 12918 |
attend school under division (F)(6) or (7) of this section may | 12919 |
attend without tuition obligation. A student attending a school | 12920 |
under division (F)(6) or (7) of this section shall be eligible to | 12921 |
participate in interscholastic athletics under the auspices of | 12922 |
that school, provided the board of education of the school | 12923 |
district where the student's parent resides, by a formal action, | 12924 |
releases the student to participate in interscholastic athletics | 12925 |
at the school where the student is attending, and provided the | 12926 |
student receives any authorization required by a public agency or | 12927 |
private organization of which the school district is a member | 12928 |
exercising authority over interscholastic sports. | 12929 |
(8) A child whose parent is a full-time employee of a city, | 12930 |
local, or exempted village school district, or of an educational | 12931 |
service center, may be admitted to the schools of the district | 12932 |
where the child's parent is employed, or in the case of a child | 12933 |
whose parent is employed by an educational service center, in the | 12934 |
district that serves the location where the parent's job is | 12935 |
primarily located, provided the district board of education | 12936 |
establishes such an admission policy by resolution adopted by a | 12937 |
majority of its members. Any such policy shall take effect on the | 12938 |
first day of the school year and the effective date of any | 12939 |
amendment or repeal may not be prior to the first day of the | 12940 |
subsequent school year. The policy shall be uniformly applied to | 12941 |
all such children and shall provide for the admission of any such | 12942 |
child upon request of the parent. No child may be admitted under | 12943 |
this policy after the first day of classes of any school year. | 12944 |
(9) A child who is with the child's parent under the care of | 12945 |
a shelter for victims of domestic violence, as defined in section | 12946 |
3113.33 of the Revised Code, is entitled to attend school free in | 12947 |
the district in which the child is with the child's parent, and no | 12948 |
other school district shall be required to pay tuition for the | 12949 |
child's attendance in that school district. | 12950 |
The enrollment of a child in a school district under this | 12951 |
division shall not be denied due to a delay in the school | 12952 |
district's receipt of any records required under section 3313.672 | 12953 |
of the Revised Code or any other records required for enrollment. | 12954 |
Any days of attendance and any credits earned by a child while | 12955 |
enrolled in a school district under this division shall be | 12956 |
transferred to and accepted by any school district in which the | 12957 |
child subsequently enrolls. The state board of education shall | 12958 |
adopt rules to ensure compliance with this division. | 12959 |
(10) Any child under the age of twenty-two years whose parent | 12960 |
has moved out of the school district after the commencement of | 12961 |
classes in the child's senior year of high school is entitled, | 12962 |
subject to the approval of that district board, to attend school | 12963 |
in the district in which the child attended school at the time of | 12964 |
the parental move for the remainder of the school year and for one | 12965 |
additional semester or equivalent term. A district board may also | 12966 |
adopt a policy specifying extenuating circumstances under which a | 12967 |
student may continue to attend school under division (F)(10) of | 12968 |
this section for an additional period of time in order to | 12969 |
successfully complete the high school curriculum for the | 12970 |
individualized education program developed for the student by the | 12971 |
high school pursuant to section 3323.08 of the Revised Code. | 12972 |
(11) As used in this division, "grandparent" means a parent | 12973 |
of a parent of a child. A child under the age of twenty-two years | 12974 |
who is in the custody of the child's parent, resides with a | 12975 |
grandparent, and does not require special education is entitled to | 12976 |
attend the schools of the district in which the child's | 12977 |
grandparent resides, provided that, prior to such attendance in | 12978 |
any school year, the board of education of the school district in | 12979 |
which the child's grandparent resides and the board of education | 12980 |
of the school district in which the child's parent resides enter | 12981 |
into a written agreement specifying that good cause exists for | 12982 |
such attendance, describing the nature of this good cause, and | 12983 |
consenting to such attendance. | 12984 |
In lieu of a consent form signed by a parent, a board of | 12985 |
education may request the grandparent of a child attending school | 12986 |
in the district in which the grandparent resides pursuant to | 12987 |
division (F)(11) of this section to complete any consent form | 12988 |
required by the district, including any authorization required by | 12989 |
sections 3313.712, 3313.713, and 3313.716 of the Revised Code. | 12990 |
Upon request, the grandparent shall complete any consent form | 12991 |
required by the district. A school district shall not incur any | 12992 |
liability solely because of its receipt of a consent form from a | 12993 |
grandparent in lieu of a parent. | 12994 |
Division (F)(11) of this section does not create, and shall | 12995 |
not be construed as creating, a new cause of action or substantive | 12996 |
legal right against a school district, a member of a board of | 12997 |
education, or an employee of a school district. This section does | 12998 |
not affect, and shall not be construed as affecting, any | 12999 |
immunities from defenses to tort liability created or recognized | 13000 |
by Chapter 2744. of the Revised Code for a school district, | 13001 |
member, or employee. | 13002 |
(12) A child under the age of twenty-two years is entitled to | 13003 |
attend school in a school district other than the district in | 13004 |
which the child is entitled to attend school under division (B), | 13005 |
(C), or (E) of this section provided that, prior to such | 13006 |
attendance in any school year, both of the following occur: | 13007 |
(a) The superintendent of the district in which the child is | 13008 |
entitled to attend school under division (B), (C), or (E) of this | 13009 |
section contacts the superintendent of another district for | 13010 |
purposes of this division; | 13011 |
(b) The superintendents of both districts enter into a | 13012 |
written agreement that consents to the attendance and specifies | 13013 |
that the purpose of such attendance is to protect the student's | 13014 |
physical or mental well-being or to deal with other extenuating | 13015 |
circumstances deemed appropriate by the superintendents. | 13016 |
While an agreement is in effect under this division for a | 13017 |
student who is not receiving special education under Chapter 3323. | 13018 |
of the Revised Code and notwithstanding Chapter 3327. of the | 13019 |
Revised Code, the board of education of neither school district | 13020 |
involved in the agreement is required to provide transportation | 13021 |
for the student to and from the school where the student attends. | 13022 |
A student attending a school of a district pursuant to this | 13023 |
division shall be allowed to participate in all student | 13024 |
activities, including interscholastic athletics, at the school | 13025 |
where the student is attending on the same basis as any student | 13026 |
who has always attended the schools of that district while of | 13027 |
compulsory school age. | 13028 |
(13) All school districts shall comply with the | 13029 |
"McKinney-Vento Homeless Assistance Act," 42 U.S.C.A. 11431 et | 13030 |
seq., for the education of homeless children. Each city, local, | 13031 |
and exempted village school district shall comply with the | 13032 |
requirements of that act governing the provision of a free, | 13033 |
appropriate public education, including public preschool, to each | 13034 |
homeless child. | 13035 |
When a child loses permanent housing and becomes a homeless | 13036 |
person, as defined in 42 U.S.C.A. 11481(5), or when a child who is | 13037 |
such a homeless person changes temporary living arrangements, the | 13038 |
child's parent or guardian shall have the option of enrolling the | 13039 |
child in either of the following: | 13040 |
(a) The child's school of origin, as defined in 42 U.S.C.A. | 13041 |
11432(g)(3)(C); | 13042 |
(b) The school that is operated by the school district in | 13043 |
which the shelter where the child currently resides is located and | 13044 |
that serves the geographic area in which the shelter is located. | 13045 |
(14) A child under the age of twenty-two years who resides | 13046 |
with a person other than the child's parent is entitled to attend | 13047 |
school in the school district in which that person resides if both | 13048 |
of the following apply: | 13049 |
(a) That person has been appointed, through a military power | 13050 |
of attorney executed under section 574(a) of the "National Defense | 13051 |
Authorization Act for Fiscal Year 1994," 107 Stat. 1674 (1993), 10 | 13052 |
U.S.C. 1044b, or through a comparable document necessary to | 13053 |
complete a family care plan, as the parent's agent for the care, | 13054 |
custody, and control of the child while the parent is on active | 13055 |
duty as a member of the national guard or a reserve unit of the | 13056 |
armed forces of the United States or because the parent is a | 13057 |
member of the armed forces of the United States and is on a duty | 13058 |
assignment away from the parent's residence. | 13059 |
(b) The military power of attorney or comparable document | 13060 |
includes at least the authority to enroll the child in school. | 13061 |
The entitlement to attend school in the district in which the | 13062 |
parent's agent under the military power of attorney or comparable | 13063 |
document resides applies until the end of the school year in which | 13064 |
the military power of attorney or comparable document expires. | 13065 |
(G) A board of education, after approving admission, may | 13066 |
waive tuition for students who will temporarily reside in the | 13067 |
district and who are either of the following: | 13068 |
(1) Residents or domiciliaries of a foreign nation who | 13069 |
request admission as foreign exchange students; | 13070 |
(2) Residents or domiciliaries of the United States but not | 13071 |
of Ohio who request admission as participants in an exchange | 13072 |
program operated by a student exchange organization. | 13073 |
(H) Pursuant to sections 3311.211, 3313.90, 3319.01, 3323.04, | 13074 |
3327.04, and 3327.06 of the Revised Code, a child may attend | 13075 |
school or participate in a special education program in a school | 13076 |
district other than in the district where the child is entitled to | 13077 |
attend school under division (B) of this section. | 13078 |
(I)(1) Notwithstanding anything to the contrary in this | 13079 |
section or section 3313.65 of the Revised Code, a child under | 13080 |
twenty-two years of age may attend school in the school district | 13081 |
in which the child, at the end of the first full week of October | 13082 |
of the school year, was entitled to attend school as otherwise | 13083 |
provided under this section or section 3313.65 of the Revised | 13084 |
Code, if at that time the child was enrolled in the schools of the | 13085 |
district but since that time the child or the child's parent has | 13086 |
relocated to a new address located outside of that school district | 13087 |
and within the same county as the child's or parent's address | 13088 |
immediately prior to the relocation. The child may continue to | 13089 |
attend school in the district, and at the school to which the | 13090 |
child was assigned at the end of the first full week of October of | 13091 |
the current school year, for the balance of the school year. | 13092 |
Division (I)(1) of this section applies only if both of the | 13093 |
following conditions are satisfied: | 13094 |
(a) The board of education of the school district in which | 13095 |
the child was entitled to attend school at the end of the first | 13096 |
full week in October and of the district to which the child or | 13097 |
child's parent has relocated each has adopted a policy to enroll | 13098 |
children described in division (I)(1) of this section. | 13099 |
(b) The child's parent provides written notification of the | 13100 |
relocation outside of the school district to the superintendent of | 13101 |
each of the two school districts. | 13102 |
(2) At the beginning of the school year following the school | 13103 |
year in which the child or the child's parent relocated outside of | 13104 |
the school district as described in division (I)(1) of this | 13105 |
section, the child is not entitled to attend school in the school | 13106 |
district under that division. | 13107 |
(3) Any person or entity owing tuition to the school district | 13108 |
on behalf of the child at the end of the first full week in | 13109 |
October, as provided in division (C) of this section, shall | 13110 |
continue to owe such tuition to the district for the child's | 13111 |
attendance under division (I)(1) of this section for the lesser of | 13112 |
the balance of the school year or the balance of the time that the | 13113 |
child attends school in the district under division (I)(1) of this | 13114 |
section. | 13115 |
(4) A pupil who may attend school in the district under | 13116 |
division (I)(1) of this section shall be entitled to | 13117 |
transportation services pursuant to an agreement between the | 13118 |
district and the district in which the child or child's parent has | 13119 |
relocated unless the districts have not entered into such | 13120 |
agreement, in which case the child shall be entitled to | 13121 |
transportation services in the same manner as a pupil attending | 13122 |
school in the district under interdistrict open enrollment as | 13123 |
described in division (H) of section 3313.981 of the Revised Code, | 13124 |
regardless of whether the district has adopted an open enrollment | 13125 |
policy as described in division (B)(1)(b) or (c) of section | 13126 |
3313.98 of the Revised Code. | 13127 |
(J) This division does not apply to a child receiving special | 13128 |
education. | 13129 |
A school district required to pay tuition pursuant to | 13130 |
division (C)(2) or (3) of this section or section 3313.65 of the | 13131 |
Revised Code shall have an amount deducted under division (F) of | 13132 |
section 3317.023 of the Revised Code equal to its own tuition rate | 13133 |
for the same period of attendance. A school district entitled to | 13134 |
receive tuition pursuant to division (C)(2) or (3) of this section | 13135 |
or section 3313.65 of the Revised Code shall have an amount | 13136 |
credited under division (F) of section 3317.023 of the Revised | 13137 |
Code equal to its own tuition rate for the same period of | 13138 |
attendance. If the tuition rate credited to the district of | 13139 |
attendance exceeds the rate deducted from the district required to | 13140 |
pay tuition, the department of education shall pay the district of | 13141 |
attendance the difference from amounts deducted from all | 13142 |
districts' payments under division (F) of section 3317.023 of the | 13143 |
Revised Code but not credited to other school districts under such | 13144 |
division and from appropriations made for such purpose. The | 13145 |
treasurer of each school district shall, by the fifteenth day of | 13146 |
January and July, furnish the superintendent of public instruction | 13147 |
a report of the names of each child who attended the district's | 13148 |
schools under divisions (C)(2) and (3) of this section or section | 13149 |
3313.65 of the Revised Code during the preceding six calendar | 13150 |
months, the duration of the attendance of those children, the | 13151 |
school district responsible for tuition on behalf of the child, | 13152 |
and any other information that the superintendent requires. | 13153 |
Upon receipt of the report the superintendent, pursuant to | 13154 |
division (F) of section 3317.023 of the Revised Code, shall deduct | 13155 |
each district's tuition obligations under divisions (C)(2) and (3) | 13156 |
of this section or section 3313.65 of the Revised Code and pay to | 13157 |
the district of attendance that amount plus any amount required to | 13158 |
be paid by the state. | 13159 |
(K) In the event of a disagreement, the superintendent of | 13160 |
public instruction shall determine the school district in which | 13161 |
the parent resides. | 13162 |
(L) Nothing in this section requires or authorizes, or shall | 13163 |
be construed to require or authorize, the admission to a public | 13164 |
school in this state of a pupil who has been permanently excluded | 13165 |
from public school attendance by the superintendent of public | 13166 |
instruction pursuant to sections 3301.121 and 3313.662 of the | 13167 |
Revised Code. | 13168 |
(M) In accordance with division (B)(1) of this section, a | 13169 |
child whose parent is a member of the national guard or a reserve | 13170 |
unit of the armed forces of the United States and is called to | 13171 |
active duty, or a child whose parent is a member of the armed | 13172 |
forces of the United States and is ordered to a temporary duty | 13173 |
assignment outside of the district, may continue to attend school | 13174 |
in the district in which the child's parent lived before being | 13175 |
called to active duty or ordered to a temporary duty assignment | 13176 |
outside of the district, as long as the child's parent continues | 13177 |
to be a resident of that district, and regardless of where the | 13178 |
child lives as a result of the parent's active duty status or | 13179 |
temporary duty assignment. However, the district is not | 13180 |
responsible for providing transportation for the child if the | 13181 |
child lives outside of the district as a result of the parent's | 13182 |
active duty status or temporary duty assignment. | 13183 |
Sec. 3313.6410. This section applies to any school that is | 13184 |
operated by a school district and in which the enrolled students | 13185 |
work primarily on assignments in nonclassroom-based learning | 13186 |
opportunities provided via an internet- or other computer-based | 13187 |
instructional method. | 13188 |
(A) Any school to which this section applies shall withdraw | 13189 |
from the school any student who, for two consecutive school years, | 13190 |
has failed to participate in the spring administration of any test | 13191 |
prescribed under section 3301.0710 or 3301.0712 of the Revised | 13192 |
Code for the student's grade level and was not excused from the | 13193 |
test pursuant to division (C)(1) or (3) of section 3301.0711 of | 13194 |
the Revised Code, regardless of whether a waiver was granted for | 13195 |
the student under division (E) of section 3317.03 of the Revised | 13196 |
Code. The school shall report any such student's data verification | 13197 |
code, as assigned pursuant to section 3301.0714 of the Revised | 13198 |
Code, to the department of education to be added to the list | 13199 |
maintained by the department under section 3314.26 of the Revised | 13200 |
Code. | 13201 |
(B) No school to which this section applies shall receive any | 13202 |
state funds under Chapter 3317. of the Revised Code for any | 13203 |
enrolled student whose data verification code appears on the list | 13204 |
maintained by the department under section 3314.26 of the Revised | 13205 |
Code. Notwithstanding any provision of the Revised Code to the | 13206 |
contrary, the parent of any such student shall pay tuition to the | 13207 |
school district that operates the school in an amount equal to the | 13208 |
state funds the district otherwise would receive for that student, | 13209 |
as determined by the department. A school to which this section | 13210 |
applies may withdraw any student for whom the parent does not pay | 13211 |
tuition as required by this division. | 13212 |
Sec. 3313.813. (A) As used in this section: | 13213 |
(1) "Outdoor education center" means a public or nonprofit | 13214 |
private entity that provides to pupils enrolled in any public or | 13215 |
chartered nonpublic elementary or secondary school an outdoor | 13216 |
educational curriculum that the school considers to be part of its | 13217 |
educational program. | 13218 |
(2) "Outside-school-hours care center" has the meaning | 13219 |
established in 7 C.F.R. 226.2. | 13220 |
(B) The state board of education shall establish standards | 13221 |
for a school lunch program, school breakfast program, child and | 13222 |
adult care food program, special food service program for | 13223 |
children, summer food service program for children, special milk | 13224 |
program for children, food service equipment assistance program, | 13225 |
and commodity distribution program established under the "National | 13226 |
School Lunch Act," 60 Stat. 230 (1946), 42 U.S.C. 1751, as | 13227 |
amended, and the "Child Nutrition Act of 1966," 80 Stat. 885, 42 | 13228 |
U.S.C. 1771, as amended. Any board of education of a school | 13229 |
district, nonprofit private school, outdoor education center, | 13230 |
child care institution, outside-school-hours care center, or | 13231 |
summer camp desiring to participate in such a program or required | 13232 |
to participate under this section shall, if eligible to | 13233 |
participate under the "National School Lunch Act," as amended, or | 13234 |
the "Child Nutrition Act of 1966," as amended, make application to | 13235 |
the state board of education for assistance. The board shall | 13236 |
administer the allocation and distribution of all state and | 13237 |
federal funds for these programs. | 13238 |
(C) The state board of education shall require the board of | 13239 |
education of each school district | 13240 |
each chartered nonpublic school to establish and maintain a school | 13241 |
breakfast
| 13242 |
the "National School Lunch Act" and the "Child Nutrition Act of | 13243 |
1966 | 13244 |
(1) The state board shall require the board of education in | 13245 |
each school district and each chartered nonpublic school to | 13246 |
establish a breakfast program in every school where at least | 13247 |
13248 | |
federal requirements for free breakfasts and to establish a lunch | 13249 |
program in every school where at least
| 13250 |
pupils are eligible for free lunches. The board of education or | 13251 |
chartered nonpublic school required to establish a breakfast | 13252 |
program under this division may make a charge in accordance with | 13253 |
federal requirements for each reduced price breakfast or paid | 13254 |
breakfast to cover the cost incurred in providing that meal. | 13255 |
(2) The state board shall require the board of education in | 13256 |
each school district to establish a breakfast program in every | 13257 |
school in which the parents of at least one-half of the children | 13258 |
enrolled in the school have requested that the breakfast program | 13259 |
be established. The board of education required to establish a | 13260 |
program under this division may make a charge for each meal to | 13261 |
cover all or part of the costs incurred in establishing such a | 13262 |
program. | 13263 |
(3) The state board of education shall require the board of | 13264 |
education in each school district to establish one of the | 13265 |
following for summer intervention services described in division | 13266 |
(D) of section 3301.0711 and section 3313.608 of the Revised Code | 13267 |
and any other summer intervention program required by law: | 13268 |
(a) An extension of the school breakfast program pursuant to | 13269 |
the "National School Lunch Act" and the "Child Nutrition Act of | 13270 |
1966"; | 13271 |
(b) An extension of the school lunch program pursuant to | 13272 |
those acts; | 13273 |
(c) A summer food service program pursuant to those acts. | 13274 |
(4)(a) If the board of education of a school district | 13275 |
determines that, for financial reasons, it cannot comply with | 13276 |
division (C)(1) or (3) of this section, the district board may | 13277 |
choose not to comply with either or both divisions, except as | 13278 |
provided in division (C)(4)(b) of this section. The district board | 13279 |
publicly shall communicate to the residents of the district, in | 13280 |
the manner it determines appropriate, its decision not to comply. | 13281 |
(b) If a district board chooses not to comply with division | 13282 |
(C)(1) of this section, the state board of education nevertheless | 13283 |
shall require the district board to establish a breakfast program | 13284 |
in every school where at least one-third of the pupils in the | 13285 |
school are eligible under federal requirements for free breakfasts | 13286 |
and to establish a lunch program in every school where at least | 13287 |
one-third of the pupils are eligible for free lunches. The | 13288 |
district board may make a charge in accordance with federal | 13289 |
requirements for each reduced price breakfast or paid breakfast to | 13290 |
cover the cost incurred in providing that meal. | 13291 |
(c) If a school district cannot for good cause comply with | 13292 |
the requirements of division (C) | 13293 |
section at the time the state board determines that a district is | 13294 |
subject to these requirements, the state board of education shall | 13295 |
grant a reasonable extension of time. Good cause for an extension | 13296 |
of time shall include, but need not be limited to, economic | 13297 |
impossibility of compliance with the requirements at the time the | 13298 |
state board determines that a district is subject to them. | 13299 |
(5) If the governing authority of a chartered nonpublic | 13300 |
school determines that it cannot comply with division (C)(1) of | 13301 |
this section for financial reasons, the governing authority may | 13302 |
choose not to comply. In that case, the governing authority shall | 13303 |
communicate to the parents of its students, in the manner it | 13304 |
determines appropriate, its decision not to comply. | 13305 |
(D)(1) The state board of education shall accept the | 13306 |
application of any outdoor education center in the state making | 13307 |
application for participation in a program pursuant to division | 13308 |
(B) of this section. | 13309 |
(2) For purposes of participation in any program pursuant to | 13310 |
this section, the board shall certify any outdoor education center | 13311 |
making application as an educational unit that is part of the | 13312 |
educational system of the state, if the center: | 13313 |
(a) Meets the definition of an outdoor education center; | 13314 |
(b) Provides its outdoor education curriculum to pupils on an | 13315 |
overnight basis so that pupils are in residence at the center for | 13316 |
more than twenty-four consecutive hours; | 13317 |
(c) Operates under public or nonprofit private ownership in a | 13318 |
single building or complex of buildings. | 13319 |
(3) The board shall approve any outdoor education center | 13320 |
certified under this division for participation in the program for | 13321 |
which the center is making application on the same basis as any | 13322 |
other applicant for that program. | 13323 |
Sec. 3314.02. (A) As used in this chapter: | 13324 |
(1) "Sponsor" means an entity listed in division (C)(1) of | 13325 |
this section, which has been approved by the department of | 13326 |
education to sponsor community schools and with which the | 13327 |
governing authority of the proposed community school enters into a | 13328 |
contract pursuant to this section. | 13329 |
(2) "Pilot project area" means the school districts included | 13330 |
in the territory of the former community school pilot project | 13331 |
established by former Section 50.52 of Am. Sub. H.B. No. 215 of | 13332 |
the 122nd general assembly. | 13333 |
(3) "Challenged school district" means any of the following: | 13334 |
(a) A school district that is part of the pilot project area; | 13335 |
(b) A school district that is either in a state of academic | 13336 |
emergency or in a state of academic watch under section 3302.03 of | 13337 |
the Revised Code; | 13338 |
(c) A big eight school district. | 13339 |
(4) "Big eight school district" means a school district that | 13340 |
for fiscal year 1997 had both of the following: | 13341 |
(a) A percentage of children residing in the district and | 13342 |
participating in the predecessor of Ohio works first greater than | 13343 |
thirty per cent, as reported pursuant to section 3317.10 of the | 13344 |
Revised Code; | 13345 |
(b) An average daily membership greater than twelve thousand, | 13346 |
as reported pursuant to former division (A) of section 3317.03 of | 13347 |
the Revised Code. | 13348 |
(5) "New start-up school" means a community school other than | 13349 |
one created by converting all or part of an existing public | 13350 |
school, as designated in the school's contract pursuant to | 13351 |
division (A)(17) of section 3314.03 of the Revised Code. | 13352 |
(6) "Urban school district" means one of the state's | 13353 |
twenty-one urban school districts as defined in division (O) of | 13354 |
section 3317.02 of the Revised Code as that section existed prior | 13355 |
to July 1, 1998. | 13356 |
(7) "Internet- or computer-based community school" means a | 13357 |
community school established under this chapter in which the | 13358 |
enrolled students work primarily from their residences on | 13359 |
assignments in nonclassroom-based learning opportunities provided | 13360 |
via an internet- or other computer-based instructional method that | 13361 |
does not rely on regular classroom instruction or via | 13362 |
comprehensive instructional methods that include internet-based, | 13363 |
other computer-based, and noncomputer-based learning | 13364 |
opportunities. | 13365 |
(B) Any person or group of individuals may initially propose | 13366 |
under this division the conversion of all or a portion of a public | 13367 |
school to a community school. The proposal shall be made to the | 13368 |
board of education of the city, local, or exempted village school | 13369 |
district in which the public school is proposed to be converted. | 13370 |
Upon receipt of a proposal, a board may enter into a preliminary | 13371 |
agreement with the person or group proposing the conversion of the | 13372 |
public school, indicating the intention of the board of education | 13373 |
to support the conversion to a community school. A proposing | 13374 |
person or group that has a preliminary agreement under this | 13375 |
division may proceed to finalize plans for the school, establish a | 13376 |
governing authority for the school, and negotiate a contract with | 13377 |
the board of education. Provided the proposing person or group | 13378 |
adheres to the preliminary agreement and all provisions of this | 13379 |
chapter, the board of education shall negotiate in good faith to | 13380 |
enter into a contract in accordance with section 3314.03 of the | 13381 |
Revised Code and division (C) of this section. | 13382 |
(C)(1) Any person or group of individuals may propose under | 13383 |
this division the establishment of a new start-up school to be | 13384 |
located in a challenged school district. The proposal may be made | 13385 |
to any of the following entities: | 13386 |
(a) The board of education of the district in which the | 13387 |
school is proposed to be located; | 13388 |
(b) The board of education of any joint vocational school | 13389 |
district with territory in the county in which is located the | 13390 |
majority of the territory of the district in which the school is | 13391 |
proposed to be located; | 13392 |
(c) The board of education of any other city, local, or | 13393 |
exempted village school district having territory in the same | 13394 |
county where the district in which the school is proposed to be | 13395 |
located has the major portion of its territory; | 13396 |
(d) The governing board of any educational service center; | 13397 |
(e) A sponsoring authority designated by the board of | 13398 |
trustees of any of the thirteen state universities listed in | 13399 |
section 3345.011 of the Revised Code or the board of trustees | 13400 |
itself as long as a mission of the proposed school to be specified | 13401 |
in the contract under division (A)(2) of section 3314.03 of the | 13402 |
Revised Code and as approved by the department of education under | 13403 |
division (B)(2) of section 3314.015 of the Revised Code will be | 13404 |
the practical demonstration of teaching methods, educational | 13405 |
technology, or other teaching practices that are included in the | 13406 |
curriculum of the university's teacher preparation program | 13407 |
approved by the state board of education; | 13408 |
(f) Any qualified tax-exempt entity under section 501(c)(3) | 13409 |
of the Internal Revenue Code as long as all of the following | 13410 |
conditions are satisfied: | 13411 |
(i) The entity has been in operation for at least five years | 13412 |
prior to applying to be a community school sponsor. | 13413 |
(ii) The entity has assets of at least five hundred thousand | 13414 |
dollars and a demonstrated record of financial responsibility. | 13415 |
(iii) The department of education has determined that the | 13416 |
entity is an education-oriented entity under division (B)(3) of | 13417 |
section 3314.015 of the Revised Code and the entity has a | 13418 |
demonstrated record of successful implementation of educational | 13419 |
programs. | 13420 |
(iv) The entity is not a community school. | 13421 |
Any entity described in division (C)(1) of this section may | 13422 |
enter into a preliminary agreement pursuant to division (C)(2) of | 13423 |
this section with the proposing person or group. | 13424 |
(2) A preliminary agreement indicates the intention of an | 13425 |
entity described in division (C)(1) of this section to sponsor the | 13426 |
community school. A proposing person or group that has such a | 13427 |
preliminary agreement may proceed to finalize plans for the | 13428 |
school, establish a governing authority as described in division | 13429 |
(E) of this section for the school, and negotiate a contract with | 13430 |
the entity. Provided the proposing person or group adheres to the | 13431 |
preliminary agreement and all provisions of this chapter, the | 13432 |
entity shall negotiate in good faith to enter into a contract in | 13433 |
accordance with section 3314.03 of the Revised Code. | 13434 |
(3) A new start-up school that is established in a school | 13435 |
district while that district is either in a state of academic | 13436 |
emergency or in a state of academic watch under section 3302.03 of | 13437 |
the Revised Code may continue in existence once the school | 13438 |
district is no longer in a state of academic emergency or academic | 13439 |
watch, provided there is a valid contract between the school and a | 13440 |
sponsor. | 13441 |
(4) A copy of every preliminary agreement entered into under | 13442 |
this division shall be filed with the superintendent of public | 13443 |
instruction. | 13444 |
(D) A majority vote of the board of a sponsoring entity and a | 13445 |
majority vote of the members of the governing authority of a | 13446 |
community school shall be required to adopt a contract and convert | 13447 |
the public school to a community school or establish the new | 13448 |
start-up school. Beginning | 13449 |
September 29, 2005, adoption of the contract shall occur not later | 13450 |
than the fifteenth day of March, and signing of the contract shall | 13451 |
occur not later than the fifteenth day of May, prior to the school | 13452 |
year in which the school will open. The governing authority shall | 13453 |
notify the department of education when the contract has been | 13454 |
signed. Subject to sections 3314.013 and 3314.014 of the Revised | 13455 |
Code, an unlimited number of community schools may be established | 13456 |
in any school district provided that a contract is entered into | 13457 |
for each community school pursuant to this chapter. | 13458 |
(E) As used in this division, "immediate relatives" are | 13459 |
limited to spouses, children, parents, grandparents, siblings, and | 13460 |
in-laws. | 13461 |
Each new start-up community school established under this | 13462 |
chapter shall be under the direction of a governing authority | 13463 |
which shall consist of a board of not less than five individuals | 13464 |
who are not owners or employees, or immediate relatives of owners | 13465 |
or employees, of any for-profit firm that operates or manages a | 13466 |
school for the governing authority. | 13467 |
No person shall serve on the governing authority or operate | 13468 |
the community school under contract with the governing authority | 13469 |
so long as the person owes the state any money or is in a dispute | 13470 |
over whether the person owes the state any money concerning the | 13471 |
operation of a community school that has closed. | 13472 |
(F) Nothing in this chapter shall be construed to permit the | 13473 |
establishment of a community school in more than one school | 13474 |
district under the same contract. | 13475 |
(G)(1) A new start-up school that is established prior to | 13476 |
August 15, 2003, in an urban school district that is not also a | 13477 |
big-eight school district may continue to operate after that date | 13478 |
and the contract between the school's governing authority and the | 13479 |
school's sponsor may be renewed, as provided under this chapter, | 13480 |
after that date, but no additional new start-up schools may be | 13481 |
established in such a district unless the district is a challenged | 13482 |
school district as defined in this section as it exists on and | 13483 |
after that date. | 13484 |
(2) A community school that was established prior to June 29, | 13485 |
1999, and is located in a county contiguous to the pilot project | 13486 |
area and in a school district that is not a challenged school | 13487 |
district may continue to operate after that date, provided the | 13488 |
school complies with all provisions of this chapter. The contract | 13489 |
between the school's governing authority and the school's sponsor | 13490 |
may be renewed, but no additional start-up community school may be | 13491 |
established in that district unless the district is a challenged | 13492 |
school district. | 13493 |
Sec. 3314.03. A copy of every contract entered into under | 13494 |
this section shall be filed with the superintendent of public | 13495 |
instruction. | 13496 |
(A) Each contract entered into between a sponsor and the | 13497 |
governing authority of a community school shall specify the | 13498 |
following: | 13499 |
(1) That the school shall be established as either of the | 13500 |
following: | 13501 |
(a) A nonprofit corporation established under Chapter 1702. | 13502 |
of the Revised Code, if established prior to April 8, 2003; | 13503 |
(b) A public benefit corporation established under Chapter | 13504 |
1702. of the Revised Code, if established after April 8, 2003; | 13505 |
(2) The education program of the school, including the | 13506 |
school's mission, the characteristics of the students the school | 13507 |
is expected to attract, the ages and grades of students, and the | 13508 |
focus of the curriculum; | 13509 |
(3) The academic goals to be achieved and the method of | 13510 |
measurement that will be used to determine progress toward those | 13511 |
goals, which shall include the statewide achievement tests; | 13512 |
(4) Performance standards by which the success of the school | 13513 |
will be evaluated by the sponsor. If the sponsor will evaluate the | 13514 |
school in accordance with division (D) of section 3314.36 of the | 13515 |
Revised Code, the contract shall specify the number of school | 13516 |
years that the school will be evaluated under that division. | 13517 |
(5) The admission standards of section 3314.06 of the Revised | 13518 |
Code and, if applicable, section 3314.061 of the Revised Code; | 13519 |
(6)(a) Dismissal procedures; | 13520 |
(b) A requirement that the governing authority adopt an | 13521 |
attendance policy that includes a procedure for automatically | 13522 |
withdrawing a student from the school if the student without a | 13523 |
legitimate excuse fails to participate in one hundred five | 13524 |
consecutive hours of the learning opportunities offered to the | 13525 |
student. | 13526 |
(7) The ways by which the school will achieve racial and | 13527 |
ethnic balance reflective of the community it serves; | 13528 |
(8) Requirements for financial audits by the auditor of | 13529 |
state. The contract shall require financial records of the school | 13530 |
to be maintained in the same manner as are financial records of | 13531 |
school districts, pursuant to rules of the auditor of state, and | 13532 |
the audits shall be conducted in accordance with section 117.10 of | 13533 |
the Revised Code. | 13534 |
(9) The facilities to be used and their locations; | 13535 |
(10) Qualifications of teachers, including a requirement that | 13536 |
the school's classroom teachers be licensed in accordance with | 13537 |
sections 3319.22 to 3319.31 of the Revised Code, except that a | 13538 |
community school may engage noncertificated persons to teach up to | 13539 |
twelve hours per week pursuant to section 3319.301 of the Revised | 13540 |
Code; | 13541 |
(11) That the school will comply with the following | 13542 |
requirements: | 13543 |
(a) The school will provide learning opportunities to a | 13544 |
minimum of twenty-five students for a minimum of nine hundred | 13545 |
twenty hours per school year; | 13546 |
(b) The governing authority will purchase liability | 13547 |
insurance, or otherwise provide for the potential liability of the | 13548 |
school; | 13549 |
(c) The school will be nonsectarian in its programs, | 13550 |
admission policies, employment practices, and all other | 13551 |
operations, and will not be operated by a sectarian school or | 13552 |
religious institution; | 13553 |
(d) The school will comply with sections 9.90, 9.91, 109.65, | 13554 |
121.22, 149.43, 2151.358, 2151.421, 2313.18, 3301.0710, 3301.0711, | 13555 |
3301.0712, 3301.0715, 3313.50, 3313.608, 3313.6012, 3313.643, | 13556 |
3313.648, 3313.66, 3313.661, 3313.662, 3313.67, 3313.671, | 13557 |
3313.672, 3313.673, 3313.69, 3313.71, 3313.716, 3313.80, 3313.96, | 13558 |
3319.073, 3319.321, 3319.39, 3321.01, 3321.13, 3321.14, 3321.17, | 13559 |
3321.18, 3321.19, 3321.191, 3327.10, 4111.17, 4113.52, and | 13560 |
5705.391 and Chapters 117., 1347., 2744., 3365., 3742., 4112., | 13561 |
4123., 4141., and 4167. of the Revised Code as if it were a school | 13562 |
district and will comply with section 3301.0714 of the Revised | 13563 |
Code in the manner specified in section 3314.17 of the Revised | 13564 |
Code; | 13565 |
(e) The school shall comply with Chapter 102. | 13566 |
13567 | |
13568 | |
13569 | |
Revised Code | 13570 |
13571 | |
13572 | |
13573 | |
13574 |
(f) The school will comply with sections 3313.61, 3313.611, | 13575 |
and 3313.614 of the Revised Code, except that the requirement in | 13576 |
sections 3313.61 and 3313.611 of the Revised Code that a person | 13577 |
must successfully complete the curriculum in any high school prior | 13578 |
to receiving a high school diploma may be met by completing the | 13579 |
curriculum adopted by the governing authority of the community | 13580 |
school rather than the curriculum specified in Title XXXIII of the | 13581 |
Revised Code or any rules of the state board of education; | 13582 |
(g) The school governing authority will submit within four | 13583 |
months after the end of each school year a report of its | 13584 |
activities and progress in meeting the goals and standards of | 13585 |
divisions (A)(3) and (4) of this section and its financial status | 13586 |
to the sponsor, the parents of all students enrolled in the | 13587 |
school, and the legislative office of education oversight. The | 13588 |
school will collect and provide any data that the legislative | 13589 |
office of education oversight requests in furtherance of any study | 13590 |
or research that the general assembly requires the office to | 13591 |
conduct, including the studies required under Section 50.39 of Am. | 13592 |
Sub. H.B. 215 of the 122nd general assembly and Section 50.52.2 of | 13593 |
Am. Sub. H.B. 215 of the 122nd general assembly, as amended. | 13594 |
(12) Arrangements for providing health and other benefits to | 13595 |
employees; | 13596 |
(13) The length of the contract, which shall begin at the | 13597 |
beginning of an academic year. No contract shall exceed five years | 13598 |
unless such contract has been renewed pursuant to division (E) of | 13599 |
this section. | 13600 |
(14) The governing authority of the school, which shall be | 13601 |
responsible for carrying out the provisions of the contract; | 13602 |
(15) A financial plan detailing an estimated school budget | 13603 |
for each year of the period of the contract and specifying the | 13604 |
total estimated per pupil expenditure amount for each such year. | 13605 |
The plan shall specify for each year the base formula amount that | 13606 |
will be used for purposes of funding calculations under section | 13607 |
3314.08 of the Revised Code. This base formula amount for any year | 13608 |
shall not exceed the formula amount defined under section 3317.02 | 13609 |
of the Revised Code. The plan may also specify for any year a | 13610 |
percentage figure to be used for reducing the per pupil amount of | 13611 |
the subsidy calculated pursuant to section 3317.029 of the Revised | 13612 |
Code the school is to receive that year under section 3314.08 of | 13613 |
the Revised Code. | 13614 |
(16) Requirements and procedures regarding the disposition of | 13615 |
employees of the school in the event the contract is terminated or | 13616 |
not renewed pursuant to section 3314.07 of the Revised Code; | 13617 |
(17) Whether the school is to be created by converting all or | 13618 |
part of an existing public school or is to be a new start-up | 13619 |
school, and if it is a converted public school, specification of | 13620 |
any duties or responsibilities of an employer that the board of | 13621 |
education that operated the school before conversion is delegating | 13622 |
to the governing board of the community school with respect to all | 13623 |
or any specified group of employees provided the delegation is not | 13624 |
prohibited by a collective bargaining agreement applicable to such | 13625 |
employees; | 13626 |
(18) Provisions establishing procedures for resolving | 13627 |
disputes or differences of opinion between the sponsor and the | 13628 |
governing authority of the community school; | 13629 |
(19) A provision requiring the governing authority to adopt a | 13630 |
policy regarding the admission of students who reside outside the | 13631 |
district in which the school is located. That policy shall comply | 13632 |
with the admissions procedures specified in sections 3314.06 and | 13633 |
3314.061 of the Revised Code and, at the sole discretion of the | 13634 |
authority, shall do one of the following: | 13635 |
(a) Prohibit the enrollment of students who reside outside | 13636 |
the district in which the school is located; | 13637 |
(b) Permit the enrollment of students who reside in districts | 13638 |
adjacent to the district in which the school is located; | 13639 |
(c) Permit the enrollment of students who reside in any other | 13640 |
district in the state. | 13641 |
(20) A provision recognizing the authority of the department | 13642 |
of education to take over the sponsorship of the school in | 13643 |
accordance with the provisions of division (C) of section 3314.015 | 13644 |
of the Revised Code; | 13645 |
(21) A provision recognizing the sponsor's authority to | 13646 |
assume the operation of a school under the conditions specified in | 13647 |
division (B) of section 3314.073 of the Revised Code; | 13648 |
(22) A provision recognizing both of the following: | 13649 |
(a) The authority of public health and safety officials to | 13650 |
inspect the facilities of the school and to order the facilities | 13651 |
closed if those officials find that the facilities are not in | 13652 |
compliance with health and safety laws and regulations; | 13653 |
(b) The authority of the department of education as the | 13654 |
community school oversight body to suspend the operation of the | 13655 |
school under section 3314.072 of the Revised Code if the | 13656 |
department has evidence of conditions or violations of law at the | 13657 |
school that pose an imminent danger to the health and safety of | 13658 |
the school's students and employees and the sponsor refuses to | 13659 |
take such action; | 13660 |
(23) A description of the learning opportunities that will be | 13661 |
offered to students including both classroom-based and | 13662 |
non-classroom-based learning opportunities that is in compliance | 13663 |
with criteria for student participation established by the | 13664 |
department under division (L)(2) of section 3314.08 of the Revised | 13665 |
Code; | 13666 |
(24) The school will comply with section 3302.04 of the | 13667 |
Revised Code, including division (E) of that section to the extent | 13668 |
possible, except that any action required to be taken by a school | 13669 |
district pursuant to that section shall be taken by the sponsor of | 13670 |
the school. However, the sponsor shall not be required to take any | 13671 |
action described in division (F) of that section. | 13672 |
(25) Beginning in the 2006-2007 school year, the school will | 13673 |
open for operation not later than the thirtieth day of September | 13674 |
each school year, unless the mission of the school as specified | 13675 |
under division (A)(2) of this section is solely to serve dropouts. | 13676 |
In its initial year of operation, if the school fails to open by | 13677 |
the thirtieth day of September, or within one year after the | 13678 |
adoption of the contract pursuant to division (D) of section | 13679 |
3314.02 of the Revised Code if the mission of the school is solely | 13680 |
to serve dropouts, the contract shall be void. | 13681 |
(B) The community school shall also submit to the sponsor a | 13682 |
comprehensive plan for the school. The plan shall specify the | 13683 |
following: | 13684 |
(1) The process by which the governing authority of the | 13685 |
school will be selected in the future; | 13686 |
(2) The management and administration of the school; | 13687 |
(3) If the community school is a currently existing public | 13688 |
school, alternative arrangements for current public school | 13689 |
students who choose not to attend the school and teachers who | 13690 |
choose not to teach in the school after conversion; | 13691 |
(4) The instructional program and educational philosophy of | 13692 |
the school; | 13693 |
(5) Internal financial controls. | 13694 |
(C) A contract entered into under section 3314.02 of the | 13695 |
Revised Code between a sponsor and the governing authority of a | 13696 |
community school may provide for the community school governing | 13697 |
authority to make payments to the sponsor, which is hereby | 13698 |
authorized to receive such payments as set forth in the contract | 13699 |
between the governing authority and the sponsor. The total amount | 13700 |
of such payments for oversight and monitoring of the school shall | 13701 |
not exceed three per cent of the total amount of payments for | 13702 |
operating expenses that the school receives from the state. | 13703 |
(D) The contract shall specify the duties of the sponsor | 13704 |
which shall be in accordance with the written agreement entered | 13705 |
into with the department of education under division (B) of | 13706 |
section 3314.015 of the Revised Code and shall include the | 13707 |
following: | 13708 |
(1) Monitor the community school's compliance with all laws | 13709 |
applicable to the school and with the terms of the contract; | 13710 |
(2) Monitor and evaluate the academic and fiscal performance | 13711 |
and the organization and operation of the community school on at | 13712 |
least an annual basis; | 13713 |
(3) Report on an annual basis the results of the evaluation | 13714 |
conducted under division (D)(2) of this section to the department | 13715 |
of education and to the parents of students enrolled in the | 13716 |
community school; | 13717 |
(4) Provide technical assistance to the community school in | 13718 |
complying with laws applicable to the school and terms of the | 13719 |
contract; | 13720 |
(5) Take steps to intervene in the school's operation to | 13721 |
correct problems in the school's overall performance, declare the | 13722 |
school to be on probationary status pursuant to section 3314.073 | 13723 |
of the Revised Code, suspend the operation of the school pursuant | 13724 |
to section 3314.072 of the Revised Code, or terminate the contract | 13725 |
of the school pursuant to section 3314.07 of the Revised Code as | 13726 |
determined necessary by the sponsor; | 13727 |
(6) Have in place a plan of action to be undertaken in the | 13728 |
event the community school experiences financial difficulties or | 13729 |
closes prior to the end of a school year. | 13730 |
(E) Upon the expiration of a contract entered into under this | 13731 |
section, the sponsor of a community school may, with the approval | 13732 |
of the governing authority of the school, renew that contract for | 13733 |
a period of time determined by the sponsor, but not ending earlier | 13734 |
than the end of any school year, if the sponsor finds that the | 13735 |
school's compliance with applicable laws and terms of the contract | 13736 |
and the school's progress in meeting the academic goals prescribed | 13737 |
in the contract have been satisfactory. Any contract that is | 13738 |
renewed under this division remains subject to the provisions of | 13739 |
sections 3314.07, 3314.072, and 3314.073 of the Revised Code. | 13740 |
(F) If a community school fails to open for operation within | 13741 |
one year after the contract entered into under this section is | 13742 |
adopted pursuant to division (D) of section 3314.02 of the Revised | 13743 |
Code or permanently closes prior to the expiration of the | 13744 |
contract, the contract shall be void and the school shall not | 13745 |
enter into a contract with any other sponsor. A school shall not | 13746 |
be considered permanently closed because the operations of the | 13747 |
school have been suspended pursuant to section 3314.072 of the | 13748 |
Revised Code. Any contract that becomes void under this division | 13749 |
shall not count toward any statewide limit on the number of such | 13750 |
contracts prescribed by section 3314.013 of the Revised Code. | 13751 |
Sec. 3314.08. (A) As used in this section: | 13752 |
(1) "Base formula amount" means the amount specified as such | 13753 |
in a community school's financial plan for a school year pursuant | 13754 |
to division (A)(15) of section 3314.03 of the Revised Code. | 13755 |
(2) "Cost-of-doing-business factor" has the same meaning as | 13756 |
in section 3317.02 of the Revised Code. | 13757 |
(3) "IEP" means an individualized education program as | 13758 |
defined in section 3323.01 of the Revised Code. | 13759 |
(4) "Applicable special education weight" means the multiple | 13760 |
specified in section 3317.013 of the Revised Code for a handicap | 13761 |
described in that section. | 13762 |
(5) "Applicable vocational education weight" means: | 13763 |
(a) For a student enrolled in vocational education programs | 13764 |
or classes described in division (A) of section 3317.014 of the | 13765 |
Revised Code, the multiple specified in that division; | 13766 |
(b) For a student enrolled in vocational education programs | 13767 |
or classes described in division (B) of section 3317.014 of the | 13768 |
Revised Code, the multiple specified in that division. | 13769 |
(6) "Entitled to attend school" means entitled to attend | 13770 |
school in a district under section 3313.64 or 3313.65 of the | 13771 |
Revised Code. | 13772 |
(7) A community school student is "included in the poverty | 13773 |
student count" of a school district if the student is entitled to | 13774 |
attend school in the district and the student's family receives | 13775 |
assistance under the Ohio works first program. | 13776 |
(8) "Poverty-based assistance reduction factor" means the | 13777 |
percentage figure, if any, for reducing the per pupil amount of | 13778 |
poverty-based assistance a community school is entitled to receive | 13779 |
pursuant to divisions (D)(5) and (6) of this section in any year, | 13780 |
as specified in the school's financial plan for the year pursuant | 13781 |
to division (A)(15) of section 3314.03 of the Revised Code. | 13782 |
(9) "All-day kindergarten" has the same meaning as in section | 13783 |
3317.029 of the Revised Code. | 13784 |
(10) "SF-3 payment" means the sum of the payments to a school | 13785 |
district in a fiscal year under divisions (A), (C)(1), (C)(4), | 13786 |
(D), (E), and (F) of section 3317.022, divisions | 13787 |
and | 13788 |
3317.0217, 3317.04, 3317.05, 3317.052, and 3317.053 of the Revised | 13789 |
Code after making the adjustments required by sections 3313.981 | 13790 |
and 3313.979, divisions (B), (C), (D), (E), (K), (L), (M), (N), | 13791 |
and (O) of section 3317.023, and division (C) of section 3317.20 | 13792 |
of the Revised Code. | 13793 |
(B) The state board of education shall adopt rules requiring | 13794 |
both of the following: | 13795 |
(1) The board of education of each city, exempted village, | 13796 |
and local school district to annually report the number of | 13797 |
students entitled to attend school in the district who are | 13798 |
enrolled in grades one through twelve in a community school | 13799 |
established under this chapter, the number of students entitled to | 13800 |
attend school in the district who are enrolled in kindergarten in | 13801 |
a community school, the number of those kindergartners who are | 13802 |
enrolled in all-day kindergarten in their community school, and | 13803 |
for each child, the community school in which the child is | 13804 |
enrolled. | 13805 |
(2) The governing authority of each community school | 13806 |
established under this chapter to annually report all of the | 13807 |
following: | 13808 |
(a) The number of students enrolled in grades one through | 13809 |
twelve and the number of students enrolled in kindergarten in the | 13810 |
school who are not receiving special education and related | 13811 |
services pursuant to an IEP; | 13812 |
(b) The number of enrolled students in grades one through | 13813 |
twelve and the number of enrolled students in kindergarten, who | 13814 |
are receiving special education and related services pursuant to | 13815 |
an IEP; | 13816 |
(c) The number of students reported under division (B)(2)(b) | 13817 |
of this section receiving special education and related services | 13818 |
pursuant to an IEP for a handicap described in each of divisions | 13819 |
(A) to (F) of section 3317.013 of the Revised Code; | 13820 |
(d) The full-time equivalent number of students reported | 13821 |
under divisions (B)(2)(a) and (b) of this section who are enrolled | 13822 |
in vocational education programs or classes described in each of | 13823 |
divisions (A) and (B) of section 3317.014 of the Revised Code that | 13824 |
are provided by the community school; | 13825 |
(e) Twenty per cent of the number of students reported under | 13826 |
divisions (B)(2)(a) and (b) of this section who are not reported | 13827 |
under division (B)(2)(d) of this section but who are enrolled in | 13828 |
vocational education programs or classes described in each of | 13829 |
divisions (A) and (B) of section 3317.014 of the Revised Code at a | 13830 |
joint vocational school district under a contract between the | 13831 |
community school and the joint vocational school district and are | 13832 |
entitled to attend school in a city, local, or exempted village | 13833 |
school district whose territory is part of the territory of the | 13834 |
joint vocational district; | 13835 |
(f) The number of enrolled preschool handicapped students | 13836 |
receiving special education services in a state-funded unit; | 13837 |
(g) The community school's base formula amount; | 13838 |
(h) For each student, the city, exempted village, or local | 13839 |
school district in which the student is entitled to attend school; | 13840 |
(i) Any poverty-based assistance reduction factor that | 13841 |
applies to a school year. | 13842 |
(C) From the SF-3 payment made to a city, exempted village, | 13843 |
or local school district and, if necessary, from the payment made | 13844 |
to the district under sections 321.24 and 323.156 of the Revised | 13845 |
Code, the department of education shall annually subtract the sum | 13846 |
of the amounts described in divisions (C)(1) to (9) of this | 13847 |
section. However, when deducting payments on behalf of students | 13848 |
enrolled in internet- or computer-based community schools, the | 13849 |
department shall deduct only those amounts described in divisions | 13850 |
(C)(1) and (2) of this section. Furthermore, the aggregate amount | 13851 |
deducted under this division shall not exceed the sum of the | 13852 |
district's SF-3 payment and its payment under sections 321.24 and | 13853 |
323.156 of the Revised Code. | 13854 |
(1) An amount equal to the sum of the amounts obtained when, | 13855 |
for each community school where the district's students are | 13856 |
enrolled, the number of the district's students reported under | 13857 |
divisions (B)(2)(a), (b), and (e) of this section who are enrolled | 13858 |
in grades one through twelve, and one-half the number of students | 13859 |
reported under those divisions who are enrolled in kindergarten, | 13860 |
in that community school is multiplied by the greater of the | 13861 |
following: | 13862 |
(a) The fiscal year 2005 base formula amount of that | 13863 |
community school as adjusted by the school district's fiscal year | 13864 |
2005 cost-of-doing-business factor; | 13865 |
(b) The sum of (the current base formula amount of that | 13866 |
community school times the school district's current | 13867 |
cost-of-doing-business factor) plus the per pupil amount of the | 13868 |
base funding supplements specified in divisions (C)(1) to (4) of | 13869 |
section 3317.012 of the Revised Code. | 13870 |
(2) The sum of the amounts calculated under divisions | 13871 |
(C)(2)(a) and (b) of this section: | 13872 |
(a) For each of the district's students reported under | 13873 |
division (B)(2)(c) of this section as enrolled in a community | 13874 |
school in grades one through twelve and receiving special | 13875 |
education and related services pursuant to an IEP for a handicap | 13876 |
described in section 3317.013 of the Revised Code, the product of | 13877 |
the applicable special education weight times the community | 13878 |
school's base formula amount; | 13879 |
(b) For each of the district's students reported under | 13880 |
division (B)(2)(c) of this section as enrolled in kindergarten in | 13881 |
a community school and receiving special education and related | 13882 |
services pursuant to an IEP for a handicap described in section | 13883 |
3317.013 of the Revised Code, one-half of the amount calculated as | 13884 |
prescribed in division (C)(2)(a) of this section. | 13885 |
(3) For each of the district's students reported under | 13886 |
division (B)(2)(d) of this section for whom payment is made under | 13887 |
division (D)(4) of this section, the amount of that payment; | 13888 |
(4) An amount equal to the sum of the amounts obtained when, | 13889 |
for each community school where the district's students are | 13890 |
enrolled, the number of the district's students enrolled in that | 13891 |
community school who are included in the district's poverty | 13892 |
student count is multiplied by the per pupil amount of | 13893 |
poverty-based assistance the school district receives that year | 13894 |
pursuant to division (B) or (C) of section 3317.029 of the Revised | 13895 |
Code, as adjusted by any poverty-based assistance reduction factor | 13896 |
of that community school. If the district receives poverty-based | 13897 |
assistance under division (B) of that section, the per pupil | 13898 |
amount of that aid is the quotient of the amount the district | 13899 |
received under that division divided by the district's poverty | 13900 |
student count, as defined in that section. If the district | 13901 |
receives poverty-based assistance under division (C) of section | 13902 |
3317.029 of the Revised Code, the per pupil amount of that aid for | 13903 |
the district shall be calculated by the department. | 13904 |
(5) An amount equal to the sum of the amounts obtained when, | 13905 |
for each community school where the district's students are | 13906 |
enrolled, the district's per pupil amount of aid received under | 13907 |
division (E) of section 3317.029 of the Revised Code, as adjusted | 13908 |
by any poverty-based assistance reduction factor of the community | 13909 |
school, is multiplied by the sum of the following: | 13910 |
(a) The number of the district's students reported under | 13911 |
division (B)(2)(a) of this section who are enrolled in grades one | 13912 |
to three in that community school and who are not receiving | 13913 |
special education and related services pursuant to an IEP; | 13914 |
(b) One-half of the district's students who are enrolled in | 13915 |
all-day or any other kindergarten class in that community school | 13916 |
and who are not receiving special education and related services | 13917 |
pursuant to an IEP; | 13918 |
(c) One-half of the district's students who are enrolled in | 13919 |
all-day kindergarten in that community school and who are not | 13920 |
receiving special education and related services pursuant to an | 13921 |
IEP. | 13922 |
The district's per pupil amount of aid under division (E) of | 13923 |
section 3317.029 of the Revised Code is the quotient of the amount | 13924 |
the district received under that division divided by the | 13925 |
district's kindergarten through third grade ADM, as defined in | 13926 |
that section. | 13927 |
(6) An amount equal to the sum of the amounts obtained when, | 13928 |
for each community school where the district's students are | 13929 |
enrolled, the district's per pupil amount received under division | 13930 |
(F) of section 3317.029 of the Revised Code, as adjusted by any | 13931 |
poverty-based assistance reduction factor of that community | 13932 |
school, is multiplied by the number of the district's students | 13933 |
enrolled in the community school who are identified as | 13934 |
limited-English proficient. | 13935 |
(7) An amount equal to the sum of the amounts obtained when, | 13936 |
for each community school where the district's students are | 13937 |
enrolled, the district's per pupil amount received under division | 13938 |
(G) of section 3317.029 of the Revised Code, as adjusted by any | 13939 |
poverty-based assistance reduction factor of that community | 13940 |
school, is multiplied by the sum of the following: | 13941 |
(a) The number of the district's students enrolled in grades | 13942 |
one through twelve in that community school; | 13943 |
(b) One-half of the number of the district's students | 13944 |
enrolled in kindergarten in that community school. | 13945 |
The district's per pupil amount under division (G) of section | 13946 |
3317.029 of the Revised Code is the district's amount per teacher | 13947 |
calculated under division (G)(1) or (2) of that section divided by | 13948 |
17, times a multiple of 0.40 in fiscal year 2006 and 0.70 in | 13949 |
fiscal year 2007. | 13950 |
(8) An amount equal to the sum of the amounts obtained when, | 13951 |
for each community school where the district's students are | 13952 |
enrolled, the district's per pupil amount received under divisions | 13953 |
(H) and (I) of section 3317.029 of the Revised Code, as adjusted | 13954 |
by any poverty-based assistance reduction factor of that community | 13955 |
school, is multiplied by the sum of the following: | 13956 |
(a) The number of the district's students enrolled in grades | 13957 |
one through twelve in that community school; | 13958 |
(b) One-half of the number of the district's students | 13959 |
enrolled in kindergarten in that community school. | 13960 |
The district's per pupil amount under divisions (H) and (I) | 13961 |
of section 3317.029 of the Revised Code is the amount calculated | 13962 |
under each division divided by the district's formula ADM, as | 13963 |
defined in section 3317.02 of the Revised Code. | 13964 |
(9) An amount equal to the per pupil state parity aid funding | 13965 |
calculated for the school district under either division (C) or | 13966 |
(D) of section 3317.0217 of the Revised Code multiplied by the sum | 13967 |
of the number of students in grades one through twelve, and | 13968 |
one-half of the number of students in kindergarten, who are | 13969 |
entitled to attend school in the district and are enrolled in a | 13970 |
community school as reported under division (B)(1) of this | 13971 |
section. | 13972 |
(D) The department shall annually pay to a community school | 13973 |
established under this chapter the sum of the amounts described in | 13974 |
divisions (D)(1) to (10) of this section. However, the department | 13975 |
shall calculate and pay to each internet- or computer-based | 13976 |
community school only the amounts described in divisions (D)(1) to | 13977 |
(3) of this section. Furthermore, the sum of the payments to all | 13978 |
community schools under divisions (D)(1), (2), and (4) to (10) of | 13979 |
this section for the students entitled to attend school in any | 13980 |
particular school district shall not exceed the sum of that | 13981 |
district's SF-3 payment and its payment under sections 321.24 and | 13982 |
323.156 of the Revised Code. If the sum of the payments calculated | 13983 |
under those divisions for the students entitled to attend school | 13984 |
in a particular school district exceeds the sum of that district's | 13985 |
SF-3 payment and its payment under sections 321.24 and 323.156 of | 13986 |
the Revised Code, the department shall calculate and apply a | 13987 |
proration factor to the payments to all community schools under | 13988 |
those divisions for the students entitled to attend school in that | 13989 |
district. | 13990 |
(1) Subject to section 3314.085 of the Revised Code, an | 13991 |
amount equal to the sum of the amounts obtained when the number of | 13992 |
students enrolled in grades one through twelve, plus one-half of | 13993 |
the kindergarten students in the school, reported under divisions | 13994 |
(B)(2)(a), (b), and (e) of this section who are not receiving | 13995 |
special education and related services pursuant to an IEP for a | 13996 |
handicap described in section 3317.013 of the Revised Code is | 13997 |
multiplied by the greater of the following: | 13998 |
(a) The community school's fiscal year 2005 base formula | 13999 |
amount, as adjusted by the fiscal year 2005 cost-of-doing-business | 14000 |
factor of the school district in which the student is entitled to | 14001 |
attend school; | 14002 |
(b) The sum of (the community school's current base formula | 14003 |
amount times the current cost-of-doing-business factor of the | 14004 |
school district in which the student is entitled to attend school) | 14005 |
plus the per pupil amount of the base funding supplements | 14006 |
specified in divisions (C)(1) to (4) of section 3317.012 of the | 14007 |
Revised Code. | 14008 |
(2) Prior to fiscal year 2007, the greater of the amount | 14009 |
calculated under division (D)(2)(a) or (b) of this section, and in | 14010 |
fiscal year 2007 and thereafter, the amount calculated under | 14011 |
division (D)(2)(b) of this section: | 14012 |
(a) The aggregate amount that the department paid to the | 14013 |
community school in fiscal year 1999 for students receiving | 14014 |
special education and related services pursuant to IEPs, excluding | 14015 |
federal funds and state disadvantaged pupil impact aid funds; | 14016 |
(b) The sum of the amounts calculated under divisions | 14017 |
(D)(2)(b)(i) and (ii) of this section: | 14018 |
(i) For each student reported under division (B)(2)(c) of | 14019 |
this section as enrolled in the school in grades one through | 14020 |
twelve and receiving special education and related services | 14021 |
pursuant to an IEP for a handicap described in section 3317.013 of | 14022 |
the Revised Code, the following amount: | 14023 |
14024 |
14025 |
14026 |
14027 |
14028 |
14029 |
14030 |
14031 |
14032 |
14033 |
14034 |
(ii) For each student reported under division (B)(2)(c) of | 14035 |
this section as enrolled in kindergarten and receiving special | 14036 |
education and related services pursuant to an IEP for a handicap | 14037 |
described in section 3317.013 of the Revised Code, one-half of the | 14038 |
amount calculated under the formula prescribed in division | 14039 |
(D)(2)(b)(i) of this section. | 14040 |
(3) An amount received from federal funds to provide special | 14041 |
education and related services to students in the community | 14042 |
school, as determined by the superintendent of public instruction. | 14043 |
(4) For each student reported under division (B)(2)(d) of | 14044 |
this section as enrolled in vocational education programs or | 14045 |
classes that are described in section 3317.014 of the Revised | 14046 |
Code, are provided by the community school, and are comparable as | 14047 |
determined by the superintendent of public instruction to school | 14048 |
district vocational education programs and classes eligible for | 14049 |
state weighted funding under section 3317.014 of the Revised Code, | 14050 |
an amount equal to the applicable vocational education weight | 14051 |
times the community school's base formula amount times the | 14052 |
percentage of time the student spends in the vocational education | 14053 |
programs or classes. | 14054 |
(5) An amount equal to the sum of the amounts obtained when, | 14055 |
for each school district where the community school's students are | 14056 |
entitled to attend school, the number of that district's students | 14057 |
enrolled in the community school who are included in the | 14058 |
district's poverty student count is multiplied by the per pupil | 14059 |
amount of poverty-based assistance that school district receives | 14060 |
that year pursuant to division (B) or (C) of section 3317.029 of | 14061 |
the Revised Code, as adjusted by any poverty-based assistance | 14062 |
reduction factor of the community school. The per pupil amount of | 14063 |
aid shall be determined as described in division (C)(4) of this | 14064 |
section. | 14065 |
(6) An amount equal to the sum of the amounts obtained when, | 14066 |
for each school district where the community school's students are | 14067 |
entitled to attend school, the district's per pupil amount of aid | 14068 |
received under division (E) of section 3317.029 of the Revised | 14069 |
Code, as adjusted by any poverty-based assistance reduction | 14070 |
factor of the community school, is multiplied by the sum of the | 14071 |
following: | 14072 |
(a) The number of the district's students reported under | 14073 |
division (B)(2)(a) of this section who are enrolled in grades one | 14074 |
to three in that community school and who are not receiving | 14075 |
special education and related services pursuant to an IEP; | 14076 |
(b) One-half of the district's students who are enrolled in | 14077 |
all-day or any other kindergarten class in that community school | 14078 |
and who are not receiving special education and related services | 14079 |
pursuant to an IEP; | 14080 |
(c) One-half of the district's students who are enrolled in | 14081 |
all-day kindergarten in that community school and who are not | 14082 |
receiving special education and related services pursuant to an | 14083 |
IEP. | 14084 |
The district's per pupil amount of aid under division (E) of | 14085 |
section 3317.029 of the Revised Code shall be determined as | 14086 |
described in division (C)(5) of this section. | 14087 |
(7) An amount equal to the sum of the amounts obtained when, | 14088 |
for each school district where the community school's students are | 14089 |
entitled to attend school, the number of that district's students | 14090 |
enrolled in the community school who are identified as | 14091 |
limited-English proficient is multiplied by the district's per | 14092 |
pupil amount received under division (F) of section 3317.029 of | 14093 |
the Revised Code, as adjusted by any poverty-based assistance | 14094 |
reduction factor of the community school. | 14095 |
(8) An amount equal to the sum of the amounts obtained when, | 14096 |
for each school district where the community school's students are | 14097 |
entitled to attend school, the district's per pupil amount | 14098 |
received under division (G) of section 3317.029 of the Revised | 14099 |
Code, as adjusted by any poverty-based assistance reduction factor | 14100 |
of the community school, is multiplied by the sum of the | 14101 |
following: | 14102 |
(a) The number of the district's students enrolled in grades | 14103 |
one through twelve in that community school; | 14104 |
(b) One-half of the number of the district's students | 14105 |
enrolled in kindergarten in that community school. | 14106 |
The district's per pupil amount under division (G) of section | 14107 |
3317.029 of the Revised Code shall be determined as described in | 14108 |
division (C)(7) of this section. | 14109 |
(9) An amount equal to the sum of the amounts obtained when, | 14110 |
for each school district where the community school's students are | 14111 |
entitled to attend school, the district's per pupil amount | 14112 |
received under divisions (H) and (I) of section 3317.029 of the | 14113 |
Revised Code, as adjusted by any poverty-based assistance | 14114 |
reduction factor of the community school, is multiplied by the sum | 14115 |
of the following: | 14116 |
(a) The number of the district's students enrolled in grades | 14117 |
one through twelve in that community school; | 14118 |
(b) One-half of the number of the district's students | 14119 |
enrolled in kindergarten in that community school. | 14120 |
The district's per pupil amount under divisions (H) and (I) | 14121 |
of section 3317.029 of the Revised Code shall be determined as | 14122 |
described in division (C)(8) of this section. | 14123 |
(10) An amount equal to the sum of the amounts obtained when, | 14124 |
for each school district where the community school's students are | 14125 |
entitled to attend school, the district's per pupil amount of | 14126 |
state parity aid funding calculated under either division (C) or | 14127 |
(D) of section 3317.0217 of the Revised Code is multiplied by the | 14128 |
sum of the number of that district's students enrolled in grades | 14129 |
one through twelve, and one-half of the number of that district's | 14130 |
students enrolled in kindergarten, in the community school as | 14131 |
reported under division (B)(2)(a) and (b) of this section. | 14132 |
(E)(1) If a community school's costs for a fiscal year for a | 14133 |
student receiving special education and related services pursuant | 14134 |
to an IEP for a handicap described in divisions (B) to (F) of | 14135 |
section 3317.013 of the Revised Code exceed the threshold | 14136 |
catastrophic cost for serving the student as specified in division | 14137 |
(C)(3)(b) of section 3317.022 of the Revised Code, the school may | 14138 |
submit to the superintendent of public instruction documentation, | 14139 |
as prescribed by the superintendent, of all its costs for that | 14140 |
student. Upon submission of documentation for a student of the | 14141 |
type and in the manner prescribed, the department shall pay to the | 14142 |
community school an amount equal to the school's costs for the | 14143 |
student in excess of the threshold catastrophic costs. | 14144 |
(2) The community school shall only report under division | 14145 |
(E)(1) of this section, and the department shall only pay for, the | 14146 |
costs of educational expenses and the related services provided to | 14147 |
the student in accordance with the student's individualized | 14148 |
education program. Any legal fees, court costs, or other costs | 14149 |
associated with any cause of action relating to the student may | 14150 |
not be included in the amount. | 14151 |
(F) A community school may apply to the department of | 14152 |
education for preschool handicapped or gifted unit funding the | 14153 |
school would receive if it were a school district. Upon request of | 14154 |
its governing authority, a community school that received unit | 14155 |
funding as a school district-operated school before it became a | 14156 |
community school shall retain any units awarded to it as a school | 14157 |
district-operated school provided the school continues to meet | 14158 |
eligibility standards for the unit. | 14159 |
A community school shall be considered a school district and | 14160 |
its governing authority shall be considered a board of education | 14161 |
for the purpose of applying to any state or federal agency for | 14162 |
grants that a school district may receive under federal or state | 14163 |
law or any appropriations act of the general assembly. The | 14164 |
governing authority of a community school may apply to any private | 14165 |
entity for additional funds. | 14166 |
(G) A board of education sponsoring a community school may | 14167 |
utilize local funds to make enhancement grants to the school or | 14168 |
may agree, either as part of the contract or separately, to | 14169 |
provide any specific services to the community school at no cost | 14170 |
to the school. | 14171 |
(H) A community school may not levy taxes or issue bonds | 14172 |
secured by tax revenues. | 14173 |
(I) No community school shall charge tuition for the | 14174 |
enrollment of any student. | 14175 |
(J)(1)(a) A community school may borrow money to pay any | 14176 |
necessary and actual expenses of the school in anticipation of the | 14177 |
receipt of any portion of the payments to be received by the | 14178 |
school pursuant to division (D) of this section. The school may | 14179 |
issue notes to evidence such borrowing. The proceeds of the notes | 14180 |
shall be used only for the purposes for which the anticipated | 14181 |
receipts may be lawfully expended by the school. | 14182 |
(b) A school may also borrow money for a term not to exceed | 14183 |
fifteen years for the purpose of acquiring facilities. | 14184 |
(2) Except for any amount guaranteed under section 3318.50 of | 14185 |
the Revised Code, the state is not liable for debt incurred by the | 14186 |
governing authority of a community school. | 14187 |
(K) For purposes of determining the number of students for | 14188 |
which divisions (D)(5) and (6) of this section applies in any | 14189 |
school year, a community school may submit to the department of | 14190 |
job and family services, no later than the first day of March, a | 14191 |
list of the students enrolled in the school. For each student on | 14192 |
the list, the community school shall indicate the student's name, | 14193 |
address, and date of birth and the school district where the | 14194 |
student is entitled to attend school. Upon receipt of a list under | 14195 |
this division, the department of job and family services shall | 14196 |
determine, for each school district where one or more students on | 14197 |
the list is entitled to attend school, the number of students | 14198 |
residing in that school district who were included in the | 14199 |
department's report under section 3317.10 of the Revised Code. The | 14200 |
department shall make this determination on the basis of | 14201 |
information readily available to it. Upon making this | 14202 |
determination and no later than ninety days after submission of | 14203 |
the list by the community school, the department shall report to | 14204 |
the state department of education the number of students on the | 14205 |
list who reside in each school district who were included in the | 14206 |
department's report under section 3317.10 of the Revised Code. In | 14207 |
complying with this division, the department of job and family | 14208 |
services shall not report to the state department of education any | 14209 |
personally identifiable information on any student. | 14210 |
(L) The department of education shall adjust the amounts | 14211 |
subtracted and paid under divisions (C) and (D) of this section to | 14212 |
reflect any enrollment of students in community schools for less | 14213 |
than the equivalent of a full school year. The state board of | 14214 |
education within ninety days after April 8, 2003, shall adopt in | 14215 |
accordance with Chapter 119. of the Revised Code rules governing | 14216 |
the payments to community schools under this section including | 14217 |
initial payments in a school year and adjustments and reductions | 14218 |
made in subsequent periodic payments to community schools and | 14219 |
corresponding deductions from school district accounts as provided | 14220 |
under divisions (C) and (D) of this section. For purposes of this | 14221 |
section: | 14222 |
(1) A student shall be considered enrolled in the community | 14223 |
school for any portion of the school year the student is | 14224 |
participating at a college under Chapter 3365. of the Revised | 14225 |
Code. | 14226 |
(2) A student shall be considered to be enrolled in a | 14227 |
community school during a school year for the period of time | 14228 |
beginning on the later of the date on which the school both has | 14229 |
received documentation of the student's enrollment from a parent | 14230 |
and the student has commenced participation in learning | 14231 |
opportunities as defined in the contract with the sponsor, or | 14232 |
thirty days prior to the date on which the student is entered into | 14233 |
the education management information system established under | 14234 |
section 3301.0714 of the Revised Code. For purposes of applying | 14235 |
this division to a community school student, "learning | 14236 |
opportunities" shall be defined in the contract, which shall | 14237 |
describe both classroom-based and non-classroom-based learning | 14238 |
opportunities and shall be in compliance with criteria and | 14239 |
documentation requirements for student participation which shall | 14240 |
be established by the department. Any student's instruction time | 14241 |
in non-classroom-based learning opportunities shall be certified | 14242 |
by an employee of the community school. A student's enrollment | 14243 |
shall be considered to cease on the date on which any of the | 14244 |
following occur: | 14245 |
(a) The community school receives documentation from a parent | 14246 |
terminating enrollment of the student. | 14247 |
(b) The community school is provided documentation of a | 14248 |
student's enrollment in another public or private school. | 14249 |
(c) The community school ceases to offer learning | 14250 |
opportunities to the student pursuant to the terms of the contract | 14251 |
with the sponsor or the operation of any provision of this | 14252 |
chapter. | 14253 |
(3) A student's percentage of full-time equivalency shall be | 14254 |
considered to be the percentage the hours of learning opportunity | 14255 |
offered to that student is of nine hundred and twenty hours. | 14256 |
However, no internet- or computer-based community school shall be | 14257 |
credited for any time a student spends participating in learning | 14258 |
opportunities beyond ten hours within any period of twenty-four | 14259 |
consecutive hours. | 14260 |
(M) The department of education shall reduce the amounts paid | 14261 |
under division (D) of this section to reflect payments made to | 14262 |
colleges under division (B) of section 3365.07 of the Revised | 14263 |
Code. | 14264 |
(N)(1) No student shall be considered enrolled in any | 14265 |
internet- or computer-based community school or, if applicable to | 14266 |
the student, in any community school that is required to provide | 14267 |
the student with a computer pursuant to division (C) of section | 14268 |
3314.22 of the Revised Code, unless both of the following | 14269 |
conditions are satisfied: | 14270 |
(a) The student possesses or has been provided with all | 14271 |
required hardware and software materials and all such materials | 14272 |
are operational so that the student is capable of fully | 14273 |
participating in the learning opportunities specified in the | 14274 |
contract between the school and the school's sponsor as required | 14275 |
by division (A)(23) of section 3314.03 of the Revised Code; | 14276 |
(b) The school is in compliance with division (A)(1) or (2) | 14277 |
of section 3314.22 of the Revised Code, relative to such student. | 14278 |
(2) In accordance with policies adopted jointly by the | 14279 |
superintendent of public instruction and the auditor of state, the | 14280 |
department shall reduce the amounts otherwise payable under | 14281 |
division (D) of this section to any community school that includes | 14282 |
in its program the provision of computer hardware and software | 14283 |
materials to any student, if such hardware and software materials | 14284 |
have not been delivered, installed, and activated for each such | 14285 |
student in a timely manner or other educational materials or | 14286 |
services have not been provided according to the contract between | 14287 |
the individual community school and its sponsor. | 14288 |
The superintendent of public instruction and the auditor of | 14289 |
state shall jointly establish a method for auditing any community | 14290 |
school to which this division pertains to ensure compliance with | 14291 |
this section. | 14292 |
The superintendent, auditor of state, and the governor shall | 14293 |
jointly make recommendations to the general assembly for | 14294 |
legislative changes that may be required to assure fiscal and | 14295 |
academic accountability for such schools. | 14296 |
(O)(1) If the department determines that a review of a | 14297 |
community school's enrollment is necessary, such review shall be | 14298 |
completed and written notice of the findings shall be provided to | 14299 |
the governing authority of the community school and its sponsor | 14300 |
within ninety days of the end of the community school's fiscal | 14301 |
year, unless extended for a period not to exceed thirty additional | 14302 |
days for one of the following reasons: | 14303 |
(a) The department and the community school mutually agree to | 14304 |
the extension. | 14305 |
(b) Delays in data submission caused by either a community | 14306 |
school or its sponsor. | 14307 |
(2) If the review results in a finding that additional | 14308 |
funding is owed to the school, such payment shall be made within | 14309 |
thirty days of the written notice. If the review results in a | 14310 |
finding that the community school owes moneys to the state, the | 14311 |
following procedure shall apply: | 14312 |
(a) Within ten business days of the receipt of the notice of | 14313 |
findings, the community school may appeal the department's | 14314 |
determination to the state board of education or its designee. | 14315 |
(b) The board or its designee shall conduct an informal | 14316 |
hearing on the matter within thirty days of receipt of such an | 14317 |
appeal and shall issue a decision within fifteen days of the | 14318 |
conclusion of the hearing. | 14319 |
(c) If the board has enlisted a designee to conduct the | 14320 |
hearing, the designee shall certify its decision to the board. The | 14321 |
board may accept the decision of the designee or may reject the | 14322 |
decision of the designee and issue its own decision on the matter. | 14323 |
(d) Any decision made by the board under this division is | 14324 |
final. | 14325 |
(3) If it is decided that the community school owes moneys to | 14326 |
the state, the department shall deduct such amount from the | 14327 |
school's future payments in accordance with guidelines issued by | 14328 |
the superintendent of public instruction. | 14329 |
(P) The department shall not subtract from a school | 14330 |
district's state aid account under division (C) of this section | 14331 |
and shall not pay to a community school under division (D) of this | 14332 |
section any amount for any of the following: | 14333 |
(1) Any student who has graduated from the twelfth grade of a | 14334 |
public or nonpublic high school; | 14335 |
(2) Any student who is not a resident of the state; | 14336 |
(3) Any student who was enrolled in the community school | 14337 |
during the previous school year when tests were administered under | 14338 |
section 3301.0711 of the Revised Code but did not take one or more | 14339 |
of the tests required by that section and was not excused pursuant | 14340 |
to division (C)(1) or (3) of that section, unless the | 14341 |
superintendent of public instruction grants the student a waiver | 14342 |
from the requirement to take the test and a parent is not paying | 14343 |
tuition for the student pursuant to section 3314.26 of the Revised | 14344 |
Code. The superintendent may grant a waiver only for good cause in | 14345 |
accordance with rules adopted by the state board of education. | 14346 |
(4) Any student who has attained the age of twenty-two years, | 14347 |
except for veterans of the armed services whose attendance was | 14348 |
interrupted before completing the recognized twelve-year course of | 14349 |
the public schools by reason of induction or enlistment in the | 14350 |
armed forces and who apply for enrollment in a community school | 14351 |
not later than four years after termination of war or their | 14352 |
honorable discharge. If, however, any such veteran elects to | 14353 |
enroll in special courses organized for veterans for whom tuition | 14354 |
is paid under federal law, or otherwise, the department shall not | 14355 |
subtract from a school district's state aid account under division | 14356 |
(C) of this section and shall not pay to a community school under | 14357 |
division (D) of this section any amount for that veteran. | 14358 |
Sec. 3314.18. (A) Subject to division (C) of this section, | 14359 |
the governing board of each community school shall establish a | 14360 |
breakfast program pursuant to the "National School Lunch Act," 60 | 14361 |
Stat. 230 (1946), 42 U.S.C. 1751, as amended, and the "Child | 14362 |
Nutrition Act of 1966," 80 Stat. 885, 42 U.S.C. 1771, as amended, | 14363 |
if at least one-fifth of the pupils in the school are eligible | 14364 |
under federal requirements for free breakfasts, and shall | 14365 |
establish a lunch program pursuant to those acts if at least | 14366 |
one-fifth of the pupils are eligible for free lunches. The | 14367 |
governing board required to establish a breakfast program under | 14368 |
this division may make a charge in accordance with federal | 14369 |
requirements for each reduced price breakfast or paid breakfast to | 14370 |
cover the cost incurred in providing that meal. | 14371 |
(B) Subject to division (C) of this section, the governing | 14372 |
board of each community school shall establish one of the | 14373 |
following for summer intervention services described in division | 14374 |
(D) of section 3301.0711 and section 3313.608 of the Revised Code | 14375 |
and any other summer intervention program required by law: | 14376 |
(1) An extension of the school breakfast program pursuant to | 14377 |
the "National School Lunch Act" and the "Child Nutrition Act of | 14378 |
1966"; | 14379 |
(2) An extension of the school lunch program pursuant to | 14380 |
those acts; | 14381 |
(3) A summer food service program pursuant to those acts. | 14382 |
(C) If the governing board of a community school determines | 14383 |
that, for financial reasons, it cannot comply with division (A) or | 14384 |
(B) of this section, the governing board may choose not to comply | 14385 |
with either or both divisions. In that case, the governing board | 14386 |
shall communicate to the parents of its students, in the manner it | 14387 |
determines appropriate, its decision not to comply. | 14388 |
(D) The governing board of each community school required to | 14389 |
establish a school breakfast, school lunch, or summer food service | 14390 |
program under this section shall apply for state and federal funds | 14391 |
allocated by the state board of education under division (B) of | 14392 |
section 3313.813 of the Revised Code and shall comply with the | 14393 |
state board's standards adopted under that division. | 14394 |
(E) This section does not apply to internet- or | 14395 |
computer-based community schools. | 14396 |
Sec. 3314.26. (A) Each internet- or computer-based community | 14397 |
school shall withdraw from the school any student who, for two | 14398 |
consecutive school years, has failed to participate in the spring | 14399 |
administration of any test prescribed under section 3301.0710 or | 14400 |
3301.0712 of the Revised Code for the student's grade level and | 14401 |
was not excused from the test pursuant to division (C)(1) or (3) | 14402 |
of section 3301.0711 of the Revised Code, regardless of whether a | 14403 |
waiver was granted for the student under division (P)(3) of | 14404 |
section 3314.08 of the Revised Code. The school shall report any | 14405 |
such student's data verification code, as assigned pursuant to | 14406 |
section 3301.0714 of the Revised Code, to the department of | 14407 |
education. The department shall maintain a list of all data | 14408 |
verification codes reported under this division and section | 14409 |
3313.6410 of the Revised Code and provide that list to each | 14410 |
internet- or computer-based community school and to each school to | 14411 |
which section 3313.6410 of the Revised Code applies. | 14412 |
(B) No internet- or computer-based community school shall | 14413 |
receive any state funds under this chapter for any enrolled | 14414 |
student whose data verification code appears on the list | 14415 |
maintained by the department under division (A) of this section. | 14416 |
Notwithstanding any provision of the | 14417 |
the contrary, the parent of any such student shall pay tuition to | 14418 |
the internet- or computer-based community school in an amount | 14419 |
equal to the state funds the school otherwise would receive for | 14420 |
that student, as determined by the department. An internet- or | 14421 |
computer-based community school may withdraw any student for whom | 14422 |
the parent does not pay | 14423 |
division. | 14424 |
Sec. 3314.35. (A) This section applies to any community | 14425 |
school established under this chapter that meets one or more of | 14426 |
the following criteria: | 14427 |
(1) The school is declared to be in need of continuous | 14428 |
improvement, under an academic watch, or in a state of academic | 14429 |
emergency pursuant to section 3302.03 of the Revised Code. | 14430 |
(2) The school has not been in operation for at least two | 14431 |
full school years. | 14432 |
(3) The school does not offer any grade level for which an | 14433 |
achievement test is prescribed under section 3301.0710 of the | 14434 |
Revised Code or the number of students enrolled in each grade | 14435 |
level offered by the school for which an achievement test is | 14436 |
prescribed is too small to yield statistically reliable data about | 14437 |
student performance, as determined by the department of education. | 14438 |
(B) Beginning in the | 14439 |
community school to which this section applies shall administer a | 14440 |
reading and mathematics assessment approved by the department in | 14441 |
the fall and spring of the school year to each student who is | 14442 |
enrolled in any of grades one through twelve to measure the | 14443 |
academic progress made by students during the school year. For | 14444 |
each grade level, the community school shall administer the same | 14445 |
assessment in the spring that the school administers in the fall. | 14446 |
(C) Each community school that administers the assessments | 14447 |
required by division (B) of this section shall be responsible for | 14448 |
all costs associated with the administration and scoring of the | 14449 |
assessments. Each community school shall report the scores of all | 14450 |
students taking the assessments to the department in a manner | 14451 |
prescribed by the department. | 14452 |
(D) The department shall establish a list of nationally | 14453 |
normed assessments in reading and mathematics that it approves for | 14454 |
use by community schools under this section. The department may | 14455 |
approve assessments in other subject areas, but no community | 14456 |
school shall be required to administer an assessment in a subject | 14457 |
area other than reading or mathematics under this section. | 14458 |
(E) The sponsor of any community school to which this section | 14459 |
does not apply may elect to have the school administer reading and | 14460 |
mathematics assessments in accordance with this section. | 14461 |
Sec. 3314.36. (A) Not later than July 1, | 14462 |
state board of education shall adopt rules establishing reasonable | 14463 |
standards for expected gains in student achievement between the | 14464 |
fall and spring administrations of the reading and mathematics | 14465 |
assessments administered under section 3314.35 of the Revised Code | 14466 |
and for expected gains in the graduation rate. | 14467 |
(B) Any community school that is declared to be under an | 14468 |
academic watch or in a state of academic emergency pursuant to | 14469 |
section 3302.03 of the Revised Code after July 1, | 14470 |
which division (A)(3) of section 3314.35 of the Revised Code | 14471 |
applies shall be subject to division (C) of this section beginning | 14472 |
the next school year if either of the following apply to the | 14473 |
school: | 14474 |
(1) The percentage of the school's total student population | 14475 |
showing the expected gains in student achievement established | 14476 |
under division (A) of this section on the reading or mathematics | 14477 |
assessments administered most recently under section 3314.35 of | 14478 |
the Revised Code is less than fifty-five per cent. | 14479 |
(2) The school offers a high school diploma but is not | 14480 |
showing the expected gains in the graduation rate established | 14481 |
under division (A) of this section. | 14482 |
A community school that has been in operation for one school | 14483 |
year shall not be subject to division (C) of this section. | 14484 |
(C)(1) In the first school year that a community school is | 14485 |
subject to division (C) of this section, if the school is an | 14486 |
internet- or computer-based community school, the school shall not | 14487 |
enroll any students in excess of the number of students the school | 14488 |
enrolled at the conclusion of the preceding school year. | 14489 |
(2) In the second consecutive school year that a community | 14490 |
school is subject to division (C) of this section, if the school | 14491 |
is an internet- or computer-based community school, the school | 14492 |
shall do both of the following: | 14493 |
(a) Continue to comply with division (C)(1) of this section; | 14494 |
(b) Withdraw from the school at the conclusion of the school | 14495 |
year any student for whom any of the following conditions apply, | 14496 |
unless the student's parent agrees to pay tuition to the school in | 14497 |
an amount equal to the state funds the school otherwise would | 14498 |
receive for that student as determined by the department of | 14499 |
education: | 14500 |
(i) For two consecutive school years, the student has taken | 14501 |
the reading and mathematics assessments administered under section | 14502 |
3314.35 of the Revised Code but has failed to show the expected | 14503 |
gains in student achievement established under division (A) of | 14504 |
this section for both reading and mathematics. | 14505 |
(ii) For two consecutive school years, the student has not | 14506 |
taken one or more of the reading and mathematics assessments | 14507 |
described in division (C)(2)(b)(i) of this section. | 14508 |
(iii) For one of two consecutive school years, the student | 14509 |
took the reading and mathematics assessments described in division | 14510 |
(C)(2)(b)(i) of this section but failed to show the expected gains | 14511 |
in student achievement also described in that division for both | 14512 |
reading and mathematics, and, for the other school year, the | 14513 |
student did not take one or more of those assessments. | 14514 |
After the conclusion of the school year, the school shall not | 14515 |
receive state funds for any student who is required to be | 14516 |
withdrawn or for whom tuition is owed under division (C)(2)(b) of | 14517 |
this section. | 14518 |
(3) In the third consecutive school year that any community | 14519 |
school is subject to division (C) of this section, the following | 14520 |
shall apply: | 14521 |
(a) If the school is an internet- or computer-based community | 14522 |
school, the school shall continue to comply with division | 14523 |
(C)(1)(a) of this section. | 14524 |
(b) The school shall be permanently closed at the conclusion | 14525 |
of the school year. | 14526 |
(D) The sponsor of any community school that is declared to | 14527 |
be in need of continuous improvement, effective, or excellent | 14528 |
pursuant to section 3302.03 of the Revised Code and offers one or | 14529 |
more grade levels for which an achievement test is prescribed | 14530 |
under section 3301.0710 of the Revised Code may elect to evaluate | 14531 |
the performance of the school in accordance with division (B) of | 14532 |
this section, provided the school administers reading and | 14533 |
mathematics assessments under section 3314.35 of the Revised Code. | 14534 |
If the sponsor so elects, the evaluation method shall be used for | 14535 |
a minimum of three school years and shall be specified in the | 14536 |
contract required by section 3314.03 of the Revised Code. Nothing | 14537 |
in this division requires the sponsor of a community school that | 14538 |
elects to evaluate the school in accordance with division (B) of | 14539 |
this section to take any action specified in division (C) of this | 14540 |
section, unless the contract requires such action. | 14541 |
(E) In calculating the gains in student achievement | 14542 |
demonstrated by a community school for the purposes of division | 14543 |
(B) of this section, the department shall include the scores of | 14544 |
all students who participated in the fall and spring | 14545 |
administrations of the assessments administered under section | 14546 |
3314.35 of the Revised Code. If the school's participation rate | 14547 |
for any grade level is less than ninety per cent, the department | 14548 |
shall calculate the gains in academic achievement demonstrated by | 14549 |
the students in that grade level as if the participation rate was | 14550 |
ninety per cent by assuming a score of zero for each student that | 14551 |
it is necessary to add to the participation rate to make that rate | 14552 |
equal ninety per cent. | 14553 |
Sec. 3315.01. (A) Except as provided in division (B) of this | 14554 |
section and notwithstanding sections 3315.12 and 3315.14 of the | 14555 |
Revised Code, the board of education of any school district may | 14556 |
adopt a resolution requiring the treasurer of the district to | 14557 |
credit the earnings made on the investment of the principal of the | 14558 |
moneys specified in the resolution to the fund from which the | 14559 |
earnings arose or any other fund of the district as the board | 14560 |
specifies in its resolution. | 14561 |
(B) This section does not apply to the earnings made on the | 14562 |
investment of the bond retirement fund, the sinking fund, a | 14563 |
project construction fund established pursuant to sections 3318.01 | 14564 |
to 3318.20 of the Revised Code, or the payments received by school | 14565 |
districts pursuant to division | 14566 |
Revised Code. | 14567 |
Sec. 3317.01. As used in this section and section 3317.011 | 14568 |
of the Revised Code, "school district," unless otherwise | 14569 |
specified, means any city, local, exempted village, joint | 14570 |
vocational, or cooperative education school district and any | 14571 |
educational service center. | 14572 |
This chapter shall be administered by the state board of | 14573 |
education. The superintendent of public instruction shall | 14574 |
calculate the amounts payable to each school district and shall | 14575 |
certify the amounts payable to each eligible district to the | 14576 |
treasurer of the district as provided by this chapter. As soon as | 14577 |
possible after such amounts are calculated, the superintendent | 14578 |
shall certify to the treasurer of each school district the | 14579 |
district's adjusted charge-off increase, as defined in section | 14580 |
5705.211 of the Revised Code. No moneys shall be distributed | 14581 |
pursuant to this chapter without the approval of the controlling | 14582 |
board. | 14583 |
The state board of education shall, in accordance with | 14584 |
appropriations made by the general assembly, meet the financial | 14585 |
obligations of this chapter. | 14586 |
Annually, the department of education shall calculate and | 14587 |
report to each school district the district's total state and | 14588 |
local funds for providing an adequate basic education to the | 14589 |
district's nonhandicapped students, utilizing the determination in | 14590 |
section 3317.012 of the Revised Code. In addition, the department | 14591 |
shall calculate and report separately for each school district the | 14592 |
district's total state and local funds for providing an adequate | 14593 |
education for its handicapped students, utilizing the | 14594 |
determinations in both sections 3317.012 and 3317.013 of the | 14595 |
Revised Code. | 14596 |
Not later than the thirty-first day of August of each fiscal | 14597 |
year, the department of education shall provide to each school | 14598 |
district and county MR/DD board a preliminary estimate of the | 14599 |
amount of funding that the department calculates the district will | 14600 |
receive under each of divisions (C)(1) and (4) of section 3317.022 | 14601 |
of the Revised Code. No later than the first day of December of | 14602 |
each fiscal year, the department shall update that preliminary | 14603 |
estimate. | 14604 |
Moneys distributed pursuant to this chapter shall be | 14605 |
calculated and paid on a fiscal year basis, beginning with the | 14606 |
first day of July and extending through the thirtieth day of June. | 14607 |
The moneys appropriated for each fiscal year shall be distributed | 14608 |
at least monthly to each school district unless otherwise provided | 14609 |
for. The state board shall submit a yearly distribution plan to | 14610 |
the controlling board at its first meeting in July. The state | 14611 |
board shall submit any proposed midyear revision of the plan to | 14612 |
the controlling board in January. Any year-end revision of the | 14613 |
plan shall be submitted to the controlling board in June. If | 14614 |
moneys appropriated for each fiscal year are distributed other | 14615 |
than monthly, such distribution shall be on the same basis for | 14616 |
each school district. | 14617 |
The total amounts paid each month shall constitute, as nearly | 14618 |
as possible, one-twelfth of the total amount payable for the | 14619 |
entire year. | 14620 |
Until fiscal year | 14621 |
six months of the fiscal year may be based on an estimate of the | 14622 |
amounts payable for the entire year. Payments made in the last six | 14623 |
months shall be based on the final calculation of the amounts | 14624 |
payable to each school district for that fiscal year. Payments | 14625 |
made in the last six months may be adjusted, if necessary, to | 14626 |
correct the amounts distributed in the first six months, and to | 14627 |
reflect enrollment increases when such are at least three per | 14628 |
cent. | 14629 |
Beginning in fiscal year | 14630 |
calculated to reflect the biannual reporting of average daily | 14631 |
membership. In fiscal year | 14632 |
thereafter, payments for July through December shall be based on | 14633 |
student counts certified pursuant to section 3317.03 of the | 14634 |
Revised Code for the first full week in October, and payments for | 14635 |
January through June shall be based on the average of student | 14636 |
counts certified pursuant to that section for the first full week | 14637 |
of the previous October and the | 14638 |
Except as otherwise provided, payments under this chapter | 14639 |
shall be made only to those school districts in which: | 14640 |
(A) The school district, except for any educational service | 14641 |
center and any joint vocational or cooperative education school | 14642 |
district, levies for current operating expenses at least twenty | 14643 |
mills. Levies for joint vocational or cooperative education | 14644 |
school districts or county school financing districts, limited to | 14645 |
or to the extent apportioned to current expenses, shall be | 14646 |
included in this qualification requirement. School district income | 14647 |
tax levies under Chapter 5748. of the Revised Code, limited to or | 14648 |
to the extent apportioned to current operating expenses, shall be | 14649 |
included in this qualification requirement to the extent | 14650 |
determined by the tax commissioner under division (D) of section | 14651 |
3317.021 of the Revised Code. | 14652 |
(B) The school year next preceding the fiscal year for which | 14653 |
such payments are authorized meets the requirement of section | 14654 |
3313.48 or 3313.481 of the Revised Code, with regard to the | 14655 |
minimum number of days or hours school must be open for | 14656 |
instruction with pupils in attendance, for individualized | 14657 |
parent-teacher conference and reporting periods, and for | 14658 |
professional meetings of teachers. This requirement shall be | 14659 |
waived by the superintendent of public instruction if it had been | 14660 |
necessary for a school to be closed because of disease epidemic, | 14661 |
hazardous weather conditions, inoperability of school buses or | 14662 |
other equipment necessary to the school's operation, damage to a | 14663 |
school building, or other temporary circumstances due to utility | 14664 |
failure rendering the school building unfit for school use, | 14665 |
provided that for those school districts operating pursuant to | 14666 |
section 3313.48 of the Revised Code the number of days the school | 14667 |
was actually open for instruction with pupils in attendance and | 14668 |
for individualized parent-teacher conference and reporting periods | 14669 |
is not less than one hundred seventy-five, or for those school | 14670 |
districts operating on a trimester plan the number of days the | 14671 |
school was actually open for instruction with pupils in attendance | 14672 |
not less than seventy-nine days in any trimester, for those school | 14673 |
districts operating on a quarterly plan the number of days the | 14674 |
school was actually open for instruction with pupils in attendance | 14675 |
not less than fifty-nine days in any quarter, or for those school | 14676 |
districts operating on a pentamester plan the number of days the | 14677 |
school was actually open for instruction with pupils in attendance | 14678 |
not less than forty-four days in any pentamester. | 14679 |
A school district shall not be considered to have failed to | 14680 |
comply with this division or section 3313.481 of the Revised Code | 14681 |
because schools were open for instruction but either twelfth grade | 14682 |
students were excused from attendance for up to three days or only | 14683 |
a portion of the kindergarten students were in attendance for up | 14684 |
to three days in order to allow for the gradual orientation to | 14685 |
school of such students. | 14686 |
The superintendent of public instruction shall waive the | 14687 |
requirements of this section with reference to the minimum number | 14688 |
of days or hours school must be in session with pupils in | 14689 |
attendance for the school year succeeding the school year in which | 14690 |
a board of education initiates a plan of operation pursuant to | 14691 |
section 3313.481 of the Revised Code. The minimum requirements of | 14692 |
this section shall again be applicable to such a district | 14693 |
beginning with the school year commencing the second July | 14694 |
succeeding the initiation of one such plan, and for each school | 14695 |
year thereafter. | 14696 |
A school district shall not be considered to have failed to | 14697 |
comply with this division or section 3313.48 or 3313.481 of the | 14698 |
Revised Code because schools were open for instruction but the | 14699 |
length of the regularly scheduled school day, for any number of | 14700 |
days during the school year, was reduced by not more than two | 14701 |
hours due to hazardous weather conditions. | 14702 |
(C) The school district has on file, and is paying in | 14703 |
accordance with, a teachers' salary schedule which complies with | 14704 |
section 3317.13 of the Revised Code. | 14705 |
A board of education or governing board of an educational | 14706 |
service center which has not conformed with other law and the | 14707 |
rules pursuant thereto, shall not participate in the distribution | 14708 |
of funds authorized by sections 3317.022 to 3317.0211, 3317.11, | 14709 |
3317.16, 3317.17, and 3317.19 of the Revised Code, except for good | 14710 |
and sufficient reason established to the satisfaction of the state | 14711 |
board of education and the state controlling board. | 14712 |
All funds allocated to school districts under this chapter, | 14713 |
except those specifically allocated for other purposes, shall be | 14714 |
used to pay current operating expenses only. | 14715 |
Sec. 3317.015. (A) In addition to the information certified | 14716 |
to the department of education under division (A) of section | 14717 |
3317.021 of the Revised Code, the tax commissioner shall, at the | 14718 |
same time, certify the following information for each city, | 14719 |
exempted village, and local school district to be used for the | 14720 |
same purposes as described under that division: | 14721 |
(1) The taxable value of the school district's carryover | 14722 |
property, as defined in section 319.301 of the Revised Code, for | 14723 |
the preceding tax year; | 14724 |
(2) The | 14725 |
14726 | |
the preceding tax year as used in calculating the percentage | 14727 |
reduction under section 319.301 of the Revised Code. | 14728 |
(B) | 14729 |
shall calculate each school district's recognized valuation in the | 14730 |
following manner: | 14731 |
(1) For a school district located in a county in which a | 14732 |
reappraisal or triennial update occurred in the preceding tax | 14733 |
year, the recognized valuation equals the district's total taxable | 14734 |
value for the preceding tax year minus two-thirds times the | 14735 |
increase in the carryover value from the second preceding tax year | 14736 |
to the preceding tax year. | 14737 |
(2) For a school district located in a county in which a | 14738 |
reappraisal or triennial update occurred in the second preceding | 14739 |
tax year, the recognized valuation equals the district's total | 14740 |
taxable value for the preceding tax year minus one-third times the | 14741 |
increase in the carryover value from the third preceding tax year | 14742 |
to the second preceding tax year. | 14743 |
(3) For a school district located in a county in which a | 14744 |
reappraisal or triennial update occurred in the third preceding | 14745 |
tax year, the recognized valuation equals the district's total | 14746 |
taxable value for the preceding tax year. | 14747 |
Sec. 3317.02. As used in this chapter: | 14748 |
(A) Unless otherwise specified, "school district" means city, | 14749 |
local, and exempted village school districts. | 14750 |
(B) "Formula amount" means the base cost for the fiscal year | 14751 |
specified in division (B)(4) of section 3317.012 of the Revised | 14752 |
Code. | 14753 |
(C) "FTE basis" means a count of students based on full-time | 14754 |
equivalency, in accordance with rules adopted by the department of | 14755 |
education pursuant to section 3317.03 of the Revised Code. In | 14756 |
adopting its rules under this division, the department shall | 14757 |
provide for counting any student in category one, two, three, | 14758 |
four, five, or six special education ADM or in category one or two | 14759 |
vocational education ADM in the same proportion the student is | 14760 |
counted in formula ADM. | 14761 |
(D) "Formula ADM" means, for a city, local, or exempted | 14762 |
village school district, the number reported pursuant to division | 14763 |
(A) of section 3317.03 of the Revised Code, and for a joint | 14764 |
vocational school district, the number reported pursuant to | 14765 |
division (D) of section 3317.03 of the Revised Code. Beginning in | 14766 |
fiscal year | 14767 |
factor, for the months of July through December, formula ADM means | 14768 |
the number reported in October of that year, and for the months of | 14769 |
January through June, formula ADM means the average of the numbers | 14770 |
reported in the previous October and in February. | 14771 |
(E) "Three-year average formula ADM" means the average of | 14772 |
formula ADMs for the current and preceding two fiscal years. | 14773 |
(F)(1) "Category one special education ADM" means the average | 14774 |
daily membership of handicapped children receiving special | 14775 |
education services for the handicap specified in division (A) of | 14776 |
section 3317.013 of the Revised Code and reported under division | 14777 |
(B)(5) or (D)(2)(b) of section 3317.03 of the Revised Code. | 14778 |
(2) "Category two special education ADM" means the average | 14779 |
daily membership of handicapped children receiving special | 14780 |
education services for those handicaps specified in division (B) | 14781 |
of section 3317.013 of the Revised Code and reported under | 14782 |
division (B)(6) or (D)(2)(c) of section 3317.03 of the Revised | 14783 |
Code. | 14784 |
(3) "Category three special education ADM" means the average | 14785 |
daily membership of students receiving special education services | 14786 |
for those handicaps specified in division (C) of section 3317.013 | 14787 |
of the Revised Code, and reported under division (B)(7) or | 14788 |
(D)(2)(d) of section 3317.03 of the Revised Code. | 14789 |
(4) "Category four special education ADM" means the average | 14790 |
daily membership of students receiving special education services | 14791 |
for those handicaps specified in division (D) of section 3317.013 | 14792 |
of the Revised Code and reported under division (B)(8) or | 14793 |
(D)(2)(e) of section 3317.03 of the Revised Code. | 14794 |
(5) "Category five special education ADM" means the average | 14795 |
daily membership of students receiving special education services | 14796 |
for the handicap specified in division (E) of section 3317.013 of | 14797 |
the Revised Code and reported under division (B)(9) or (D)(2)(f) | 14798 |
of section 3317.03 of the Revised Code. | 14799 |
(6) "Category six special education ADM" means the average | 14800 |
daily membership of students receiving special education services | 14801 |
for the handicap specified in division (F) of section 3317.013 of | 14802 |
the Revised Code and reported under division (B)(10) or (D)(2)(g) | 14803 |
of section 3317.03 of the Revised Code. | 14804 |
(7) "Category one vocational education ADM" means the average | 14805 |
daily membership of students receiving vocational education | 14806 |
services described in division (A) of section 3317.014 of the | 14807 |
Revised Code and reported under division (B)(11) or (D)(2)(h) of | 14808 |
section 3317.03 of the Revised Code. | 14809 |
(8) "Category two vocational education ADM" means the average | 14810 |
daily membership of students receiving vocational education | 14811 |
services described in division (B) of section 3317.014 of the | 14812 |
Revised Code and reported under division (B)(12) or (D)(2)(i) of | 14813 |
section 3317.03 of the Revised Code. | 14814 |
Beginning in fiscal year | 14815 |
category one through six special education ADM or category one or | 14816 |
two vocational education ADM is a factor, for the months of July | 14817 |
through December, those terms mean the numbers as described in | 14818 |
division (F)(1) through (8) of this section, respectively, | 14819 |
reported in October of that year, and for the months of January | 14820 |
through June, those terms mean the average of the numbers as | 14821 |
described in division (F)(1) through (8) of this section, | 14822 |
respectively, reported in the previous October and in February. | 14823 |
(G) "Handicapped preschool child" means a handicapped child, | 14824 |
as defined in section 3323.01 of the Revised Code, who is at least | 14825 |
age three but is not of compulsory school age, as defined in | 14826 |
section 3321.01 of the Revised Code, and who is not currently | 14827 |
enrolled in kindergarten. | 14828 |
(H) "County MR/DD board" means a county board of mental | 14829 |
retardation and developmental disabilities. | 14830 |
(I) "Recognized valuation" means the amount calculated for a | 14831 |
school district pursuant to section 3317.015 of the Revised Code. | 14832 |
(J) "Transportation ADM" means the number of children | 14833 |
reported under division (B)(13) of section 3317.03 of the Revised | 14834 |
Code. | 14835 |
(K) "Average efficient transportation use cost per student" | 14836 |
means a statistical representation of transportation costs as | 14837 |
calculated under division (D)(2) of section 3317.022 of the | 14838 |
Revised Code. | 14839 |
(L) "Taxes charged and payable" means the taxes charged and | 14840 |
payable against real and public utility property after making the | 14841 |
reduction required by section 319.301 of the Revised Code, plus | 14842 |
the taxes levied against tangible personal property. | 14843 |
(M) "Total taxable value" means the sum of the amounts | 14844 |
certified for a city, local, exempted village, or joint vocational | 14845 |
school district under divisions (A)(1) and (2) of section 3317.021 | 14846 |
of the Revised Code. | 14847 |
(N) "Cost-of-doing-business factor" means the amount | 14848 |
indicated in division (N)(1) or (2) of this section for the county | 14849 |
in which a city, local, exempted village, or joint vocational | 14850 |
school district is located. If a city, local, or exempted village | 14851 |
school district is located in more than one county, the factor is | 14852 |
the amount indicated for the county to which the district is | 14853 |
assigned by the state department of education. If a joint | 14854 |
vocational school district is located in more than one county, the | 14855 |
factor is the amount indicated for the county in which the joint | 14856 |
vocational school with the greatest formula ADM operated by the | 14857 |
district is located. | 14858 |
(1) In fiscal year 2006, the cost-of-doing-business factor | 14859 |
for each county is: | 14860 |
COST-OF-DOING-BUSINESS | 14861 | |||
COUNTY | FACTOR AMOUNT | 14862 | ||
Adams | 1.00233 | 14863 | ||
Allen | 1.01373 | 14864 | ||
Ashland | 1.01980 | 14865 | ||
Ashtabula | 1.02647 | 14866 | ||
Athens | 1.00093 | 14867 | ||
Auglaize | 1.01647 | 14868 | ||
Belmont | 1.00427 | 14869 | ||
Brown | 1.01180 | 14870 | ||
Butler | 1.04307 | 14871 | ||
Carroll | 1.00913 | 14872 | ||
Champaign | 1.02973 | 14873 | ||
Clark | 1.02980 | 14874 | ||
Clermont | 1.03607 | 14875 | ||
Clinton | 1.02193 | 14876 | ||
Columbiana | 1.01427 | 14877 | ||
Coshocton | 1.01153 | 14878 | ||
Crawford | 1.01093 | 14879 | ||
Cuyahoga | 1.04173 | 14880 | ||
Darke | 1.02253 | 14881 | ||
Defiance | 1.00973 | 14882 | ||
Delaware | 1.03520 | 14883 | ||
Erie | 1.02587 | 14884 | ||
Fairfield | 1.02440 | 14885 | ||
Fayette | 1.02127 | 14886 | ||
Franklin | 1.04053 | 14887 | ||
Fulton | 1.0220 | 14888 | ||
Gallia | 1.00000 | 14889 | ||
Geauga | 1.03340 | 14890 | ||
Greene | 1.02960 | 14891 | ||
Guernsey | 1.00440 | 14892 | ||
Hamilton | 1.05000 | 14893 | ||
Hancock | 1.01433 | 14894 | ||
Hardin | 1.02373 | 14895 | ||
Harrison | 1.00493 | 14896 | ||
Henry | 1.02120 | 14897 | ||
Highland | 1.00987 | 14898 | ||
Hocking | 1.01253 | 14899 | ||
Holmes | 1.01187 | 14900 | ||
Huron | 1.01953 | 14901 | ||
Jackson | 1.00920 | 14902 | ||
Jefferson | 1.00487 | 14903 | ||
Knox | 1.01860 | 14904 | ||
Lake | 1.03493 | 14905 | ||
Lawrence | 1.00540 | 14906 | ||
Licking | 1.02540 | 14907 | ||
Logan | 1.02567 | 14908 | ||
Lorain | 1.03433 | 14909 | ||
Lucas | 1.02600 | 14910 | ||
Madison | 1.03253 | 14911 | ||
Mahoning | 1.02307 | 14912 | ||
Marion | 1.02040 | 14913 | ||
Medina | 1.03573 | 14914 | ||
Meigs | 1.00173 | 14915 | ||
Mercer | 1.01353 | 14916 | ||
Miami | 1.02740 | 14917 | ||
Monroe | 1.00333 | 14918 | ||
Montgomery | 1.03020 | 14919 | ||
Morgan | 1.00593 | 14920 | ||
Morrow | 1.02007 | 14921 | ||
Muskingum | 1.00847 | 14922 | ||
Noble | 1.00487 | 14923 | ||
Ottawa | 1.03240 | 14924 | ||
Paulding | 1.00767 | 14925 | ||
Perry | 1.01067 | 14926 | ||
Pickaway | 1.02607 | 14927 | ||
Pike | 1.00687 | 14928 | ||
Portage | 1.03147 | 14929 | ||
Preble | 1.02947 | 14930 | ||
Putnam | 1.01440 | 14931 | ||
Richland | 1.01327 | 14932 | ||
Ross | 1.01007 | 14933 | ||
Sandusky | 1.02140 | 14934 | ||
Scioto | 1.00080 | 14935 | ||
Seneca | 1.01487 | 14936 | ||
Shelby | 1.01853 | 14937 | ||
Stark | 1.01700 | 14938 | ||
Summit | 1.03613 | 14939 | ||
Trumbull | 1.02340 | 14940 | ||
Tuscarawas | 1.00593 | 14941 | ||
Union | 1.03333 | 14942 | ||
Van Wert | 1.00887 | 14943 | ||
Vinton | 1.00633 | 14944 | ||
Warren | 1.04387 | 14945 | ||
Washington | 1.00400 | 14946 | ||
Wayne | 1.02320 | 14947 | ||
Williams | 1.01520 | 14948 | ||
Wood | 1.02400 | 14949 | ||
Wyandot | 1.01140 | 14950 |
(2) In fiscal year 2007, the cost-of-doing-business factor | 14951 |
for each county is: | 14952 |
COST-OF-DOING-BUSINESS | 14953 | |||
COUNTY | FACTOR AMOUNT | 14954 | ||
Adams | 1.00117 | 14955 | ||
Allen | 1.00687 | 14956 | ||
Ashland | 1.00990 | 14957 | ||
Ashtabula | 1.01323 | 14958 | ||
Athens | 1.00047 | 14959 | ||
Auglaize | 1.00823 | 14960 | ||
Belmont | 1.00213 | 14961 | ||
Brown | 1.00590 | 14962 | ||
Butler | 1.02153 | 14963 | ||
Carroll | 1.00457 | 14964 | ||
Champaign | 1.01487 | 14965 | ||
Clark | 1.01490 | 14966 | ||
Clermont | 1.01803 | 14967 | ||
Clinton | 1.01097 | 14968 | ||
Columbiana | 1.00713 | 14969 | ||
Coshocton | 1.00577 | 14970 | ||
Crawford | 1.00547 | 14971 | ||
Cuyahoga | 1.02087 | 14972 | ||
Darke | 1.01127 | 14973 | ||
Defiance | 1.00487 | 14974 | ||
Delaware | 1.01760 | 14975 | ||
Erie | 1.01293 | 14976 | ||
Fairfield | 1.01220 | 14977 | ||
Fayette | 1.01063 | 14978 | ||
Franklin | 1.02027 | 14979 | ||
Fulton | 1.01100 | 14980 | ||
Gallia | 1.00000 | 14981 | ||
Geauga | 1.01670 | 14982 | ||
Greene | 1.01480 | 14983 | ||
Guernsey | 1.00220 | 14984 | ||
Hamilton | 1.02500 | 14985 | ||
Hancock | 1.00717 | 14986 | ||
Hardin | 1.01187 | 14987 | ||
Harrison | 1.00247 | 14988 | ||
Henry | 1.01060 | 14989 | ||
Highland | 1.00493 | 14990 | ||
Hocking | 1.00627 | 14991 | ||
Holmes | 1.00593 | 14992 | ||
Huron | 1.00977 | 14993 | ||
Jackson | 1.00460 | 14994 | ||
Jefferson | 1.00243 | 14995 | ||
Knox | 1.00930 | 14996 | ||
Lake | 1.01747 | 14997 | ||
Lawrence | 1.00270 | 14998 | ||
Licking | 1.01270 | 14999 | ||
Logan | 1.01283 | 15000 | ||
Lorain | 1.01717 | 15001 | ||
Lucas | 1.01300 | 15002 | ||
Madison | 1.01627 | 15003 | ||
Mahoning | 1.01153 | 15004 | ||
Marion | 1.01020 | 15005 | ||
Medina | 1.01787 | 15006 | ||
Meigs | 1.00087 | 15007 | ||
Mercer | 1.00677 | 15008 | ||
Miami | 1.01370 | 15009 | ||
Monroe | 1.00167 | 15010 | ||
Montgomery | 1.01510 | 15011 | ||
Morgan | 1.00297 | 15012 | ||
Morrow | 1.01003 | 15013 | ||
Muskingum | 1.00423 | 15014 | ||
Noble | 1.00243 | 15015 | ||
Ottawa | 1.01620 | 15016 | ||
Paulding | 1.00383 | 15017 | ||
Perry | 1.00533 | 15018 | ||
Pickaway | 1.01303 | 15019 | ||
Pike | 1.00343 | 15020 | ||
Portage | 1.01573 | 15021 | ||
Preble | 1.01473 | 15022 | ||
Putnam | 1.00720 | 15023 | ||
Richland | 1.00663 | 15024 | ||
Ross | 1.00503 | 15025 | ||
Sandusky | 1.01070 | 15026 | ||
Scioto | 1.00040 | 15027 | ||
Seneca | 1.00743 | 15028 | ||
Shelby | 1.00927 | 15029 | ||
Stark | 1.00850 | 15030 | ||
Summit | 1.01807 | 15031 | ||
Trumbull | 1.01170 | 15032 | ||
Tuscarawas | 1.00297 | 15033 | ||
Union | 1.01667 | 15034 | ||
Van Wert | 1.00443 | 15035 | ||
Vinton | 1.00317 | 15036 | ||
Warren | 1.02193 | 15037 | ||
Washington | 1.00200 | 15038 | ||
Wayne | 1.01160 | 15039 | ||
Williams | 1.00760 | 15040 | ||
Wood | 1.01200 | 15041 | ||
Wyandot | 1.00570 | 15042 |
(O) "Tax exempt value" of a school district means the amount | 15043 |
certified for a school district under division (A)(4) of section | 15044 |
3317.021 of the Revised Code. | 15045 |
(P) "Potential value" of a school district means the | 15046 |
recognized valuation of a school district plus the tax exempt | 15047 |
value of the district. | 15048 |
(Q) "District median income" means the median Ohio adjusted | 15049 |
gross income certified for a school district. On or before the | 15050 |
first day of July of each year, the tax commissioner shall certify | 15051 |
to the department of education for each city, exempted village, | 15052 |
and local school district the median Ohio adjusted gross income of | 15053 |
the residents of the school district determined on the basis of | 15054 |
tax returns filed for the second preceding tax year by the | 15055 |
residents of the district. | 15056 |
(R) "Statewide median income" means the median district | 15057 |
median income of all city, exempted village, and local school | 15058 |
districts in the state. | 15059 |
(S) "Income factor" for a city, exempted village, or local | 15060 |
school district means the quotient obtained by dividing that | 15061 |
district's median income by the statewide median income. | 15062 |
(T) "Medically fragile child" means a child to whom all of | 15063 |
the following apply: | 15064 |
(1) The child requires the services of a doctor of medicine | 15065 |
or osteopathic medicine at least once a week due to the | 15066 |
instability of the child's medical condition. | 15067 |
(2) The child requires the services of a registered nurse on | 15068 |
a daily basis. | 15069 |
(3) The child is at risk of institutionalization in a | 15070 |
hospital, skilled nursing facility, or intermediate care facility | 15071 |
for the mentally retarded. | 15072 |
(U) A child may be identified as "other health | 15073 |
handicapped-major" if the child's condition meets the definition | 15074 |
of "other health impaired" established in rules adopted by the | 15075 |
state board of education prior to July 1, 2001, and if either of | 15076 |
the following apply: | 15077 |
(1) The child is identified as having a medical condition | 15078 |
that is among those listed by the superintendent of public | 15079 |
instruction as conditions where a substantial majority of cases | 15080 |
fall within the definition of "medically fragile child." The | 15081 |
superintendent of public instruction shall issue an initial list | 15082 |
no later than September 1, 2001. | 15083 |
(2) The child is determined by the superintendent of public | 15084 |
instruction to be a medically fragile child. A school district | 15085 |
superintendent may petition the superintendent of public | 15086 |
instruction for a determination that a child is a medically | 15087 |
fragile child. | 15088 |
(V) A child may be identified as "other health | 15089 |
handicapped-minor" if the child's condition meets the definition | 15090 |
of "other health impaired" established in rules adopted by the | 15091 |
state board of education prior to July 1, 2001, but the child's | 15092 |
condition does not meet either of the conditions specified in | 15093 |
division (U)(1) or (2) of this section. | 15094 |
(W) "SF-3 payment" means the sum of the payments to a school | 15095 |
district in a fiscal year under divisions (A), (C)(1), (C)(4), | 15096 |
(D), (E), and (F) of section 3317.022, divisions | 15097 |
and | 15098 |
3317.0217, 3317.04, 3317.05, 3317.052, and 3317.053 of the Revised | 15099 |
Code after making the adjustments required by sections 3313.981 | 15100 |
and 3313.979 of the Revised Code, divisions (B), (C), (D), (E), | 15101 |
(K), (L), (M), (N), and (O) of section 3317.023, and division (C) | 15102 |
of section 3317.20 of the Revised Code. | 15103 |
(X) "Property exemption value" means zero in fiscal year | 15104 |
2006, and in fiscal year 2007 and each fiscal year thereafter, the | 15105 |
amount certified for a school district under divisions (A)(6) and | 15106 |
(7) of section 3317.021 of the Revised Code. | 15107 |
Sec. 3317.021. (A) On or before the first day of June of | 15108 |
each year, the tax commissioner shall certify to the department of | 15109 |
education the | 15110 |
to (7) of this section for each city, exempted village, and local | 15111 |
school district, and the information required by divisions (A)(1) | 15112 |
and (2) of this section for each joint vocational school district, | 15113 |
and it shall be used, along with the information certified under | 15114 |
division (B) of this section, in making the computations for the | 15115 |
district under sections 3317.022, 3317.0216, and 3317.0217 or | 15116 |
section 3317.16 of the Revised Code | 15117 |
(1) The taxable value of real and public utility real | 15118 |
property in the school district subject to taxation in the | 15119 |
preceding tax year, by class and by county of location | 15120 |
(2) The taxable value of tangible personal property, | 15121 |
including public utility personal property, subject to taxation by | 15122 |
the district for the preceding tax year | 15123 |
(3)(a) The total property tax rate and total taxes charged | 15124 |
and payable for the current expenses for the preceding tax year | 15125 |
and the total property tax rate and the total taxes charged and | 15126 |
payable to a joint vocational district for the preceding tax year | 15127 |
that are limited to or to the extent apportioned to current | 15128 |
expenses | 15129 |
(b) The portion of the amount of taxes charged and payable | 15130 |
reported for each city, local, and exempted village school | 15131 |
district under division (A)(3)(a) of this section attributable to | 15132 |
a joint vocational school district. | 15133 |
(4) The value of all real and public utility real property in | 15134 |
the school district exempted from taxation minus both of the | 15135 |
following: | 15136 |
(a) The value of real and public utility real property in the | 15137 |
district owned by the United States government and used | 15138 |
exclusively for a public purpose; | 15139 |
(b) The value of real and public utility real property in the | 15140 |
district exempted from taxation under Chapter 725. or 1728. or | 15141 |
section 3735.67, 5709.40, 5709.41, 5709.62, 5709.63, 5709.632, | 15142 |
5709.73, or 5709.78 of the Revised Code. | 15143 |
(5) The total federal adjusted gross income of the residents | 15144 |
of the school district, based on tax returns filed by the | 15145 |
residents of the district, for the most recent year for which this | 15146 |
information is
available | 15147 |
(6) The sum of the school district compensation value as | 15148 |
indicated on the list of exempted property for the preceding tax | 15149 |
year under section 5713.08 of the Revised Code as if such property | 15150 |
had been assessed for taxation that year and the other | 15151 |
compensation value for the school district, minus the amounts | 15152 |
described in divisions (A)(6)(c) to (i) of this section. The | 15153 |
portion of school district compensation value or other | 15154 |
compensation value attributable to an incentive district exemption | 15155 |
may be subtracted only once even if that incentive district | 15156 |
satisfies more than one of the criteria in divisions (A)(6)(c) to | 15157 |
(i) of this section. | 15158 |
(a) "School district compensation value" means the aggregate | 15159 |
value of real property in the school district exempted from | 15160 |
taxation pursuant to an ordinance or resolution adopted | 15161 |
15162 | |
(C) of section 5709.40 | 15163 |
15164 | |
15165 | |
division (B) of section 5709.78 of the Revised Code | 15166 |
15167 | |
the charging of payments in lieu of taxes | 15168 |
paid to the school district under division (D)(1) or (2) of | 15169 |
section 5709.40, division (D) | 15170 |
(C) | 15171 |
15172 | |
15173 | |
15174 | |
15175 |
| 15176 |
15177 |
(b) "Other compensation value" means the quotient that | 15178 |
results from dividing (i) the dollar value of compensation | 15179 |
received by the school district during the preceding tax year | 15180 |
pursuant to division (B), (C), or (D) of section 5709.82 of the | 15181 |
Revised Code and the amounts received pursuant to an agreement as | 15182 |
specified in division (D)(2) of section 5709.40, division (D) of | 15183 |
section 5709.73, or division (C) of section 5709.78 of the Revised | 15184 |
Code to the extent those amounts were not previously reported or | 15185 |
included in division (A)(6)(a) of this section, and so that any | 15186 |
such amount is reported only once under division (A)(6)(b) of this | 15187 |
section, in relation to exemptions from taxation granted pursuant | 15188 |
to an ordinance or resolution adopted under division (C) of | 15189 |
section 5709.40, division (C) of section 5709.73, or division (B) | 15190 |
of section 5709.78 of the Revised Code, by (ii) the real property | 15191 |
tax rate in effect for the preceding tax year for | 15192 |
nonresidential/agricultural real property after making the | 15193 |
reductions required by section 319.301 of the Revised Code. | 15194 |
(c) The portion of school district compensation value or | 15195 |
other compensation value that was exempted from taxation pursuant | 15196 |
to such an ordinance or resolution for the preceding tax year, if | 15197 |
the ordinance or resolution is adopted prior to January 1, 2006, | 15198 |
and the legislative authority or board of township trustees or | 15199 |
county commissioners, prior to January 1, 2006, executes a | 15200 |
contract or agreement with a developer, whether for-profit or | 15201 |
not-for-profit, with respect to the development of a project | 15202 |
undertaken or to be undertaken and identified in the ordinance or | 15203 |
resolution, and upon which parcels such project is being, or will | 15204 |
be, undertaken; | 15205 |
| 15206 |
15207 | |
15208 | |
15209 | |
15210 | |
15211 | |
15212 | |
15213 | |
15214 | |
15215 | |
15216 | |
15217 | |
15218 | |
15219 | |
15220 | |
15221 | |
15222 | |
15223 | |
15224 | |
15225 |
| 15226 |
15227 | |
The portion of school district compensation value that was | 15228 |
exempted from taxation for the preceding tax year and for which | 15229 |
payments in lieu of taxes for the preceding tax year were provided | 15230 |
to the school district under division (D)(1) of section 5709.40 of | 15231 |
the Revised Code. | 15232 |
(e) The portion of school district compensation value that | 15233 |
was exempted from taxation for the preceding tax year pursuant to | 15234 |
such an ordinance or resolution, if and to the extent that, on or | 15235 |
before April 1, 2006, the fiscal officer of the municipal | 15236 |
corporation that adopted the ordinance, or of the township or | 15237 |
county that adopted the resolution, certifies and provides | 15238 |
appropriate supporting documentation to the tax commissioner and | 15239 |
the director of development that, based on hold-harmless | 15240 |
provisions in any agreement between the school district and the | 15241 |
legislative authority of the municipal corporation, board of | 15242 |
township trustees, or board of county commissioners that was | 15243 |
entered into on or before June 1, 2005, the ability or obligation | 15244 |
of the municipal corporation, township, or county to repay bonds, | 15245 |
notes, or other financial obligations issued or entered into prior | 15246 |
to January 1, 2006, will be impaired, including obligations to or | 15247 |
of any other body corporate and politic with whom the legislative | 15248 |
authority of the municipal corporation or board of township | 15249 |
trustees or county commissioners has entered into an agreement | 15250 |
pertaining to the use of service payments derived from the | 15251 |
improvements exempted; | 15252 |
| 15253 |
15254 | |
The portion of school district compensation value that was | 15255 |
exempted from taxation for the preceding tax year pursuant to such | 15256 |
an ordinance or resolution, if the ordinance or resolution is | 15257 |
adopted prior to January 1, 2006, in a municipal corporation with | 15258 |
a population that exceeds one hundred thousand, as shown by the | 15259 |
most recent federal decennial census, that includes a major | 15260 |
employment center and that is adjacent to historically distressed | 15261 |
neighborhoods, if the legislative authority of the municipal | 15262 |
corporation | 15263 |
15264 | |
economic analysis that demonstrates that all taxes generated | 15265 |
within the incentive district accruing to the state by reason of | 15266 |
improvements constructed within the district during its existence | 15267 |
exceed the amount the state pays the school district under section | 15268 |
3317.022 of the Revised Code attributable to such property | 15269 |
exemption from the school district's recognized valuation. The | 15270 |
analysis shall be submitted to and approved by the department of | 15271 |
development prior to January 1, 2006, and the department shall not | 15272 |
unreasonably withhold approval. | 15273 |
15274 | |
15275 |
| 15276 |
15277 | |
The portion of school district compensation value that was | 15278 |
exempted from taxation for the preceding tax year under such an | 15279 |
ordinance or resolution, if the ordinance or resolution is adopted | 15280 |
prior to January 1, 2006, and if service payments have been | 15281 |
pledged to be used for mixed-use riverfront entertainment | 15282 |
development in any county with a population that exceeds six | 15283 |
hundred thousand, as shown by the most recent federal decennial | 15284 |
census; | 15285 |
| 15286 |
15287 | |
The portion of school district compensation value that was | 15288 |
exempted from taxation for the preceding tax year under such an | 15289 |
ordinance or resolution, if, prior to January 1, 2006, the | 15290 |
legislative authority of a municipal corporation, board of | 15291 |
township trustees, or board of county commissioners has pledged | 15292 |
service payments for a designated transportation capacity project | 15293 |
approved by the transportation review advisory council under | 15294 |
Chapter 5512. of the Revised Code; | 15295 |
| 15296 |
15297 | |
The portion of school district compensation value that was | 15298 |
exempted from taxation for the preceding tax year under such an | 15299 |
ordinance or resolution if the legislative authority of a | 15300 |
municipal corporation, board of township trustees, or board of | 15301 |
county commissioners have, by January 1, 2006, pledged proceeds | 15302 |
for designated transportation improvement projects that involve | 15303 |
federal funds for which the proceeds are used to meet a local | 15304 |
share match requirement for such funding. | 15305 |
As used in division (A)(6) of this section, "project" has the | 15306 |
same meaning as in section 5709.40 of the Revised Code. | 15307 |
(7) The aggregate value of real property in the school | 15308 |
district for which an exemption from taxation is granted by an | 15309 |
ordinance or resolution adopted on or after January 1, 2006, under | 15310 |
Chapter 725. or 1728., sections 3735.65 to 3735.70, or section | 15311 |
5709.62, 5709.63, 5709.632, 5709.84, or 5709.88 of the Revised | 15312 |
Code, as indicated on the list of exempted property for the | 15313 |
preceding tax year under section 5713.08 of the Revised Code and | 15314 |
as if such property had been assessed for taxation that year, | 15315 |
15316 | |
15317 | |
15318 | |
multiplying (a) the aggregate value of the real property in the | 15319 |
school district exempted from taxation for the preceding tax year | 15320 |
under any of the chapters or sections specified in this division, | 15321 |
by (b) a fraction, the numerator of which is the difference | 15322 |
between (i) the amount of anticipated revenue such school district | 15323 |
would have received | 15324 |
real property exempted from taxation had not been exempted from | 15325 |
taxation and (ii) the aggregate amount of payments in lieu of | 15326 |
taxes on the exempt real property for the preceding tax year and | 15327 |
other compensation received | 15328 |
by the school district pursuant to any agreements entered into on | 15329 |
or after January 1, 2006, under section 5709.82 of the Revised | 15330 |
Code between the school district and the legislative authority of | 15331 |
a political subdivision that acted under the authority of a | 15332 |
chapter or statute specified in this division, that were entered | 15333 |
into in relation to such exemption, and the denominator of which | 15334 |
is the amount of anticipated revenue such school district would | 15335 |
have received in the preceding fiscal year if the real property | 15336 |
exempted from taxation had not been exempted. | 15337 |
(8) For each school district receiving payments under | 15338 |
division (B) or (C) of section 3317.0216 of the Revised Code | 15339 |
during the current fiscal year, as included on the most recent | 15340 |
list of such districts sent to the tax commissioner under division | 15341 |
(F) of that section, the following: | 15342 |
(a) The portion of the total amount of taxes charged and | 15343 |
payable for current expenses certified under division (A)(3)(a) of | 15344 |
this section that is attributable to each new levy approved and | 15345 |
charged in the preceding tax year and the respective tax rate of | 15346 |
each of those new levies; | 15347 |
(b) The portion of the total taxes collected for current | 15348 |
expenses under a school district income tax adopted pursuant to | 15349 |
section 5748.03 or 5748.08 of the Revised Code, as certified under | 15350 |
division (A)(2) of section 3317.08 of the Revised Code, that is | 15351 |
attributable to each new school district income tax first | 15352 |
effective in the current taxable year or in the preceding taxable | 15353 |
year. | 15354 |
(B) On or before the first day of May each year, the tax | 15355 |
commissioner shall certify to the department of education the | 15356 |
total taxable real property value of railroads and, separately, | 15357 |
the total taxable tangible personal property value of all public | 15358 |
utilities for the preceding tax year, by school district and by | 15359 |
county of location. | 15360 |
(C) If a public utility has properly and timely filed a | 15361 |
petition for reassessment under section 5727.47 of the Revised | 15362 |
Code with respect to an assessment issued under section 5727.23 of | 15363 |
the Revised Code affecting taxable property apportioned by the tax | 15364 |
commissioner to a school district, the taxable value of public | 15365 |
utility tangible personal property included in the certification | 15366 |
under divisions (A)(2) and (B) of this section for the school | 15367 |
district shall include only the amount of taxable value on the | 15368 |
basis of which the public utility paid tax for the preceding year | 15369 |
as provided in division (B)(1) or (2) of section 5727.47 of the | 15370 |
Revised Code. | 15371 |
(D) If on the basis of the information certified under | 15372 |
division (A) of this section, the department determines that any | 15373 |
district fails in any year to meet the qualification requirement | 15374 |
specified in division (A) of section 3317.01 of the Revised Code, | 15375 |
the department shall immediately request the tax commissioner to | 15376 |
determine the extent to which any school district income tax | 15377 |
levied by the district under Chapter 5748. of the Revised Code | 15378 |
shall be included in meeting that requirement. Within five days of | 15379 |
receiving such a request from the department, the tax commissioner | 15380 |
shall make the determination required by this division and report | 15381 |
the quotient obtained under division (D)(3) of this section to the | 15382 |
department. This quotient represents the number of mills that the | 15383 |
department shall include in determining whether the district meets | 15384 |
the qualification requirement of division (A) of section 3317.01 | 15385 |
of the Revised Code. | 15386 |
The tax commissioner shall make the determination required by | 15387 |
this division as follows: | 15388 |
(1) Multiply one mill times the total taxable value of the | 15389 |
district as determined in divisions (A)(1) and (2) of this | 15390 |
section; | 15391 |
(2) Estimate the total amount of tax liability for the | 15392 |
current tax year under taxes levied by Chapter 5748. of the | 15393 |
Revised Code that are apportioned to current operating expenses of | 15394 |
the district; | 15395 |
(3) Divide the amount estimated under division (D)(2) of this | 15396 |
section by the product obtained under division (D)(1) of this | 15397 |
section. | 15398 |
(E)(1) On or before June 1, 2006, and the first day of | 15399 |
April of each year thereafter, the director of development shall | 15400 |
certify to the department of education and the tax commissioner | 15401 |
the total | 15402 |
exempted village, or joint vocational school district | 15403 |
the preceding tax year pursuant to | 15404 |
15405 | |
section 5709.73, division (C) of section 5709.78, or division | 15406 |
(B)(1), (B)(2), (C), or (D) of section 5709.82 of the Revised Code | 15407 |
in relation to exemptions from taxation granted pursuant to an | 15408 |
ordinance adopted by the legislative authority of a municipal | 15409 |
corporation under division (C) | 15410 |
Revised Code, or a resolution adopted by a board of township | 15411 |
trustees or board of county commissioners under division (C) | 15412 |
section 5709.73 or division (B) | 15413 |
Revised Code, respectively. On or before April 1, 2006, and the | 15414 |
first day of | 15415 |
each city, local, exempted village, or joint vocational school | 15416 |
district that has entered into such an agreement shall report to | 15417 |
the director of development the total | 15418 |
payments the district received | 15419 |
15420 | |
state board of education, in accordance with sections 3319.31 and | 15421 |
3319.311 of the Revised Code, may suspend or revoke the license of | 15422 |
a treasurer found to have willfully reported erroneous, | 15423 |
inaccurate, or incomplete data under this division. | 15424 |
(2) On or before April 1, 2007, and the first day of April of | 15425 |
each year thereafter, the director of development shall certify to | 15426 |
the department of education and to the tax commissioner the total | 15427 |
amounts of payments received by each city, local, exempted | 15428 |
village, or joint vocational school district for the preceding tax | 15429 |
year pursuant to divisions (B), (C), and (D) of section 5709.82 of | 15430 |
the Revised Code in relation to exemptions from taxation granted | 15431 |
pursuant to ordinances or resolutions adopted on or after January | 15432 |
1, 2006, under Chapter 725. or 1728., sections 3735.65 to 3735.70, | 15433 |
or section 5709.62, 5709.63, 5709.632, 5709.84, or 5709.88 of the | 15434 |
Revised Code. On or before March 1, 2007, and the first day of | 15435 |
March of each year thereafter, the treasurer of each city, local, | 15436 |
exempted village, or joint vocational school district that has | 15437 |
entered into such an agreement shall report to the director of | 15438 |
development the total amounts of such payments the district | 15439 |
received for the preceding tax year as provided by this section. | 15440 |
The state board of education, in accordance with sections 3319.31 | 15441 |
and 3319.311 of the Revised Code, may suspend or revoke the | 15442 |
license of a treasurer found to have willfully reported erroneous, | 15443 |
inaccurate, or incomplete data under this division. | 15444 |
Sec. 3317.022. (A) The department of education shall compute | 15445 |
and distribute state base cost funding to each school district for | 15446 |
the fiscal year using the information obtained under section | 15447 |
3317.021 of the Revised Code in the calendar year in which the | 15448 |
fiscal year begins. | 15449 |
(1) Compute the following for each eligible district: | 15450 |
15451 |
15452 |
15453 |
15454 |
15455 |
15456 |
15457 |
If the difference obtained is a negative number, the | 15458 |
district's computation shall be zero. | 15459 |
(2) Compute both of the following for each school district: | 15460 |
(a) The difference of (i) the district's fiscal year 2005 | 15461 |
base cost payment under the version of division (A)(1) of this | 15462 |
section in effect in fiscal year 2005, minus (ii) the amount | 15463 |
computed for the district for the current fiscal year under | 15464 |
current division (A)(1) of this section; | 15465 |
(b) The following amount: | 15466 |
15467 |
15468 |
15469 |
15470 |
15471 |
If one of the amounts computed under division (A)(2)(a) or | 15472 |
(b) of this section is a positive amount, the department shall pay | 15473 |
the district that amount in addition to the amount calculated | 15474 |
under division (A)(1) of this section. If both amounts are | 15475 |
positive amounts, the department shall pay the district the lesser | 15476 |
of the two amounts in addition to the amount calculated under | 15477 |
division (A)(1) of this section. | 15478 |
(3)(a) For each school district for which the tax exempt | 15479 |
value of the district equals or exceeds twenty-five per cent of | 15480 |
the potential value of the district, the department of education | 15481 |
shall calculate the difference between the district's tax exempt | 15482 |
value and twenty-five per cent of the district's potential value. | 15483 |
(b) For each school district to which division (A)(3)(a) of | 15484 |
this section applies, the department shall adjust the recognized | 15485 |
valuation used in the calculation under division (A)(1) of this | 15486 |
section by subtracting from it the amount calculated under | 15487 |
division (A)(3)(a) of this section. | 15488 |
(B) As used in this section: | 15489 |
(1) The "total special education weight" for a district means | 15490 |
the sum of the following amounts: | 15491 |
(a) The district's category one special education ADM | 15492 |
multiplied by the multiple specified in division (A) of section | 15493 |
3317.013 of the Revised Code; | 15494 |
(b) The district's category two special education ADM | 15495 |
multiplied by the multiple specified in division (B) of section | 15496 |
3317.013 of the Revised Code; | 15497 |
(c) The district's category three special education ADM | 15498 |
multiplied by the multiple specified in division (C) of section | 15499 |
3317.013 of the Revised Code; | 15500 |
(d) The district's category four special education ADM | 15501 |
multiplied by the multiple specified in division (D) of section | 15502 |
3317.013 of the Revised Code; | 15503 |
(e) The district's category five special education ADM | 15504 |
multiplied by the multiple specified in division (E) of section | 15505 |
3317.013 of the Revised Code; | 15506 |
(f) The district's category six special education ADM | 15507 |
multiplied by the multiple specified in division (F) of section | 15508 |
3317.013 of the Revised Code. | 15509 |
(2) "State share percentage" means the percentage calculated | 15510 |
for a district as follows: | 15511 |
(a) Calculate the state base cost funding amount for the | 15512 |
district for the fiscal year under division (A) of this section. | 15513 |
If the district would not receive any state base cost funding for | 15514 |
that year under that division, the district's state share | 15515 |
percentage is zero. | 15516 |
(b) If the district would receive state base cost funding | 15517 |
under that division, divide that amount by an amount equal to the | 15518 |
following: | 15519 |
15520 |
15521 |
15522 |
15523 |
15524 |
The resultant number is the district's state share | 15525 |
percentage. | 15526 |
(3) "Related services" includes: | 15527 |
(a) Child study, special education supervisors and | 15528 |
coordinators, speech and hearing services, adaptive physical | 15529 |
development services, occupational or physical therapy, teacher | 15530 |
assistants for handicapped children whose handicaps are described | 15531 |
in division (B) of section 3317.013 or division (F)(3) of section | 15532 |
3317.02 of the Revised Code, behavioral intervention, interpreter | 15533 |
services, work study, nursing services, and specialized | 15534 |
integrative services as those terms are defined by the department; | 15535 |
(b) Speech and language services provided to any student with | 15536 |
a handicap, including any student whose primary or only handicap | 15537 |
is a speech and language handicap; | 15538 |
(c) Any related service not specifically covered by other | 15539 |
state funds but specified in federal law, including but not | 15540 |
limited to, audiology and school psychological services; | 15541 |
(d) Any service included in units funded under former | 15542 |
division (O)(1) of section 3317.023 of the Revised Code; | 15543 |
(e) Any other related service needed by handicapped children | 15544 |
in accordance with their individualized education plans. | 15545 |
(4) The "total vocational education weight" for a district | 15546 |
means the sum of the following amounts: | 15547 |
(a) The district's category one vocational education ADM | 15548 |
multiplied by the multiple specified in division (A) of section | 15549 |
3317.014 of the Revised Code; | 15550 |
(b) The district's category two vocational education ADM | 15551 |
multiplied by the multiple specified in division (B) of section | 15552 |
3317.014 of the Revised Code. | 15553 |
(C)(1) The department shall compute and distribute state | 15554 |
special education and related services additional weighted costs | 15555 |
funds to each school district in accordance with the following | 15556 |
formula: | 15557 |
15558 |
15559 |
15560 |
15561 |
(2) The attributed local share of special education and | 15562 |
related services additional weighted costs equals: | 15563 |
15564 |
15565 |
15566 |
(3)(a) The department shall compute and pay in accordance | 15567 |
with this division additional state aid to school districts for | 15568 |
students in categories two through six special education ADM. If a | 15569 |
district's costs for the fiscal year for a student in its | 15570 |
categories two through six special education ADM exceed the | 15571 |
threshold catastrophic cost for serving the student, the district | 15572 |
may submit to the superintendent of public instruction | 15573 |
documentation, as prescribed by the superintendent, of all its | 15574 |
costs for that student. Upon submission of documentation for a | 15575 |
student of the type and in the manner prescribed, the department | 15576 |
shall pay to the district an amount equal to the sum of the | 15577 |
following: | 15578 |
(i) One-half of the district's costs for the student in | 15579 |
excess of the threshold catastrophic cost; | 15580 |
(ii) The product of one-half of the district's costs for the | 15581 |
student in excess of the threshold catastrophic cost multiplied by | 15582 |
the district's state share percentage. | 15583 |
(b) For purposes of division (C)(3)(a) of this section, the | 15584 |
threshold catastrophic cost for serving a student equals: | 15585 |
(i) For a student in the school district's category two, | 15586 |
three, four, or five special education ADM, twenty-five thousand | 15587 |
dollars in fiscal year 2002, twenty-five thousand seven hundred | 15588 |
dollars in fiscal years 2003, 2004, and 2005, and twenty-six | 15589 |
thousand five hundred dollars in fiscal years 2006 and 2007; | 15590 |
(ii) For a student in the district's category six special | 15591 |
education ADM, thirty thousand dollars in fiscal year 2002, thirty | 15592 |
thousand eight hundred forty dollars in fiscal years 2003, 2004, | 15593 |
and 2005, and thirty-one thousand eight hundred dollars in fiscal | 15594 |
years 2006 and 2007. | 15595 |
(c) The district shall only report under division (C)(3)(a) | 15596 |
of this section, and the department shall only pay for, the costs | 15597 |
of educational expenses and the related services provided to the | 15598 |
student in accordance with the student's individualized education | 15599 |
program. Any legal fees, court costs, or other costs associated | 15600 |
with any cause of action relating to the student may not be | 15601 |
included in the amount. | 15602 |
(4)(a) As used in this division, the "personnel allowance" | 15603 |
means
thirty
thousand dollars
in fiscal
years 2002, 2003, 2004, | 15604 |
2005, 2006, and 2007. | 15605 |
(b) For the provision of speech language pathology services | 15606 |
to students, including students who do not have individualized | 15607 |
education programs prepared for them under Chapter 3323. of the | 15608 |
Revised Code, and for no other purpose, the department of | 15609 |
education shall pay each school district an amount calculated | 15610 |
under the following formula: | 15611 |
15612 |
15613 |
15614 |
(5) In any fiscal year, a school district shall spend for | 15615 |
purposes that the department designates as approved for special | 15616 |
education and related services expenses at least the amount | 15617 |
calculated as follows: | 15618 |
15619 |
15620 |
15621 |
15622 |
The purposes approved by the department for special education | 15623 |
expenses shall include, but shall not be limited to, | 15624 |
identification of handicapped children, compliance with state | 15625 |
rules governing the education of handicapped children and | 15626 |
prescribing the continuum of program options for handicapped | 15627 |
children, provision of speech language pathology services, and the | 15628 |
portion of the school district's overall administrative and | 15629 |
overhead costs that are attributable to the district's special | 15630 |
education student population. | 15631 |
The department shall require school districts to report data | 15632 |
annually to allow for monitoring compliance with division (C)(5) | 15633 |
of this section. The department shall annually report to the | 15634 |
governor and the general assembly the amount of money spent by | 15635 |
each school district for special education and related services. | 15636 |
(6) In any fiscal year, a school district shall spend for the | 15637 |
provision of speech language pathology services not less than the | 15638 |
sum of the amount calculated under division (C)(1) of this section | 15639 |
for the students in the district's category one special education | 15640 |
ADM and the amount calculated under division (C)(4) of this | 15641 |
section. | 15642 |
(D)(1) As used in this division: | 15643 |
(a) "Daily bus miles per student" equals the number of bus | 15644 |
miles traveled per day, divided by transportation base. | 15645 |
(b) "Transportation base" equals total student count as | 15646 |
defined in section 3301.011 of the Revised Code, minus the number | 15647 |
of students enrolled in preschool handicapped units, plus the | 15648 |
number of nonpublic school students included in transportation | 15649 |
ADM. | 15650 |
(c) "Transported student percentage" equals transportation | 15651 |
ADM divided by transportation base. | 15652 |
(d) "Transportation cost per student" equals total operating | 15653 |
costs for board-owned or contractor-operated school buses divided | 15654 |
by transportation base. | 15655 |
(2) Analysis of student transportation cost data has resulted | 15656 |
in a finding that an average efficient transportation use cost per | 15657 |
student can be calculated by means of a regression formula that | 15658 |
has as its two independent variables the number of daily bus miles | 15659 |
per student and the transported student percentage. For fiscal | 15660 |
year 1998 transportation cost data, the average efficient | 15661 |
transportation use cost per student is expressed as follows: | 15662 |
15663 |
15664 |
The department of education shall annually determine the | 15665 |
average efficient transportation use cost per student in | 15666 |
accordance with the principles stated in division (D)(2) of this | 15667 |
section, updating the intercept and regression coefficients of the | 15668 |
regression formula modeled in this division, based on an annual | 15669 |
statewide analysis of each school district's daily bus miles per | 15670 |
student, transported student percentage, and transportation cost | 15671 |
per student data. The department shall conduct the annual update | 15672 |
using data, including daily bus miles per student, transported | 15673 |
student percentage, and transportation cost per student data, from | 15674 |
the prior fiscal year. The department shall notify the office of | 15675 |
budget and management of such update by the fifteenth day of | 15676 |
February of each year. | 15677 |
(3) In addition to funds paid under divisions (A), (C), and | 15678 |
(E) of this section, each district with a transported student | 15679 |
percentage greater than zero shall receive a payment equal to a | 15680 |
percentage of the product of the district's transportation base | 15681 |
from the prior fiscal year times the annually updated average | 15682 |
efficient transportation use cost per student, times an inflation | 15683 |
factor of two and eight tenths per cent to account for the | 15684 |
one-year difference between the data used in updating the formula | 15685 |
and calculating the payment and the year in which the payment is | 15686 |
made. The percentage shall be the following percentage of that | 15687 |
product specified for the corresponding fiscal year: | 15688 |
FISCAL YEAR | PERCENTAGE | 15689 | |||
2000 | 52.5% | 15690 | |||
2001 | 55% | 15691 | |||
2002 | 57.5% | 15692 | |||
2003 and thereafter | The greater of 60% or the district's state share percentage | 15693 |
The payments made under division (D)(3) of this section each | 15694 |
year shall be calculated based on all of the same prior year's | 15695 |
data used to update the formula. | 15696 |
(4) In addition to funds paid under divisions (D)(2) and (3) | 15697 |
of this section, a school district shall receive a rough road | 15698 |
subsidy if both of the following apply: | 15699 |
(a) Its county rough road percentage is higher than the | 15700 |
statewide rough road percentage, as those terms are defined in | 15701 |
division (D)(5) of this section; | 15702 |
(b) Its district student density is lower than the statewide | 15703 |
student density, as those terms are defined in that division. | 15704 |
(5) The rough road subsidy paid to each district meeting the | 15705 |
qualifications of division (D)(4) of this section shall be | 15706 |
calculated in accordance with the following formula: | 15707 |
15708 |
15709 |
where: | 15710 |
(a) "Per rough mile subsidy" equals the amount calculated in | 15711 |
accordance with the following formula: | 15712 |
15713 |
15714 |
15715 |
(i) "Maximum rough road percentage" means the highest county | 15716 |
rough road percentage in the state. | 15717 |
(ii) "County rough road percentage" equals the percentage of | 15718 |
the mileage of state, municipal, county, and township roads that | 15719 |
is rated by the department of transportation as type A, B, C, E2, | 15720 |
or F in the county in which the school district is located or, if | 15721 |
the district is located in more than one county, the county to | 15722 |
which it is assigned for purposes of determining its | 15723 |
cost-of-doing-business factor. | 15724 |
(iii) "Statewide rough road percentage" means the percentage | 15725 |
of the statewide total mileage of state, municipal, county, and | 15726 |
township roads that is rated as type A, B, C, E2, or F by the | 15727 |
department of transportation. | 15728 |
(b) "Total rough road miles" means a school district's total | 15729 |
bus miles traveled in one year times its county rough road | 15730 |
percentage. | 15731 |
(c) "Density multiplier" means a figure calculated in | 15732 |
accordance with the following formula: | 15733 |
15734 |
15735 |
15736 |
(i) "Minimum student density" means the lowest district | 15737 |
student density in the state. | 15738 |
(ii) "District student density" means a school district's | 15739 |
transportation base divided by the number of square miles in the | 15740 |
district. | 15741 |
(iii) "Statewide student density" means the sum of the | 15742 |
transportation bases for all school districts divided by the sum | 15743 |
of the square miles in all school districts. | 15744 |
(6) In addition to funds paid under divisions (D)(2) to (5) | 15745 |
of this section, each district shall receive in accordance with | 15746 |
rules adopted by the state board of education a payment for | 15747 |
students transported by means other than board-owned or | 15748 |
contractor-operated buses and whose transportation is not funded | 15749 |
under division | 15750 |
rules shall include provisions for school district reporting of | 15751 |
such students. | 15752 |
(E)(1) The department shall compute and distribute state | 15753 |
vocational education additional weighted costs funds to each | 15754 |
school district in accordance with the following formula: | 15755 |
15756 |
15757 |
15758 |
In any fiscal year, a school district receiving funds under | 15759 |
division (E)(1) of this section shall spend those funds only for | 15760 |
the purposes that the department designates as approved for | 15761 |
vocational education expenses. Vocational educational expenses | 15762 |
approved by the department shall include only expenses connected | 15763 |
to the delivery of career-technical programming to | 15764 |
career-technical students. The department shall require the school | 15765 |
district to report data annually so that the department may | 15766 |
monitor the district's compliance with the requirements regarding | 15767 |
the manner in which funding received under division (E)(1) of this | 15768 |
section may be spent. | 15769 |
(2) The department shall compute for each school district | 15770 |
state funds for vocational education associated services in | 15771 |
accordance with the following formula: | 15772 |
15773 |
15774 |
15775 |
In any fiscal year, a school district receiving funds under | 15776 |
division (E)(2) of this section, or through a transfer of funds | 15777 |
pursuant to division (L) of section 3317.023 of the Revised Code, | 15778 |
shall spend those funds only for the purposes that the department | 15779 |
designates as approved for vocational education associated | 15780 |
services expenses, which may include such purposes as | 15781 |
apprenticeship coordinators, coordinators for other vocational | 15782 |
education services, vocational evaluation, and other purposes | 15783 |
designated by the department. The department may deny payment | 15784 |
under division (E)(2) of this section to any district that the | 15785 |
department determines is not operating those services or is using | 15786 |
funds paid under division (E)(2) of this section, or through a | 15787 |
transfer of funds pursuant to division (L) of section 3317.023 of | 15788 |
the Revised Code, for other purposes. | 15789 |
(F) The actual local share in any fiscal year for the | 15790 |
combination of special education and related services additional | 15791 |
weighted costs funding calculated under division (C)(1) of this | 15792 |
section, transportation funding calculated under divisions (D)(2) | 15793 |
and (3) of this section, and vocational education and associated | 15794 |
services additional weighted costs funding calculated under | 15795 |
divisions (E)(1) and (2) of this section shall not exceed for any | 15796 |
school district the product of three and three-tenths mills times | 15797 |
the district's recognized valuation. The department annually shall | 15798 |
pay each school district as an excess cost supplement any amount | 15799 |
by which the sum of the district's attributed local shares for | 15800 |
that funding exceeds that product. For purposes of calculating the | 15801 |
excess cost supplement: | 15802 |
(1) The attributed local share for special education and | 15803 |
related services additional weighted costs funding is the amount | 15804 |
specified in division (C)(2) of this section. | 15805 |
(2) The attributed local share of transportation funding | 15806 |
equals the difference of the total amount calculated for the | 15807 |
district using the formula developed under division (D)(2) of this | 15808 |
section minus the actual amount paid to the district after | 15809 |
applying the percentage specified in division (D)(3) of this | 15810 |
section. | 15811 |
(3) The attributed local share of vocational education and | 15812 |
associated services additional weighted costs funding is the | 15813 |
amount determined as follows: | 15814 |
15815 |
15816 |
15817 |
15818 |
Sec. 3317.024. In addition to the moneys paid to eligible | 15819 |
school districts pursuant to section 3317.022 of the Revised Code, | 15820 |
moneys appropriated for the education programs in divisions (A) to | 15821 |
15822 | |
shall be distributed to school districts meeting the requirements | 15823 |
of section 3317.01 of the Revised Code; in the case of divisions | 15824 |
15825 | |
as provided in section 3317.11 of the Revised Code; in the case of | 15826 |
divisions | 15827 |
MR/DD
boards; in the case of division | 15828 |
joint
vocational school districts; in the
case of division | 15829 |
of this section, to cooperative education school districts; and in | 15830 |
the
case of division | 15831 |
defined under section 3317.082 of the Revised Code providing | 15832 |
elementary or secondary education programs to children other than | 15833 |
children receiving special education under section 3323.091 of the | 15834 |
Revised Code. The following shall be distributed monthly, | 15835 |
quarterly, or annually as may be determined by the state board of | 15836 |
education: | 15837 |
(A) | 15838 |
15839 | |
15840 |
| 15841 |
state school district for the operation of each high school and | 15842 |
each elementary school maintained within such district and for | 15843 |
capital improvements for such schools. Such amounts shall be | 15844 |
determined on the basis of standards adopted by the state board of | 15845 |
education. | 15846 |
| 15847 |
for children of migrant workers who are unable to be in attendance | 15848 |
in an Ohio school during the entire regular school year. The | 15849 |
amounts shall be determined on the basis of standards adopted by | 15850 |
the state board of education, except that payment shall be made | 15851 |
only for subjects regularly offered by the school district | 15852 |
providing the classes. | 15853 |
| 15854 |
testing, and counseling programs approved by the state board of | 15855 |
education. The amount shall be determined on the basis of | 15856 |
standards adopted by the state board of education. | 15857 |
| 15858 |
as provided for in section 3317.07 of the Revised Code; | 15859 |
| 15860 |
tuition for a child in an institution maintained by the department | 15861 |
of youth services pursuant to section 3317.082 of the Revised | 15862 |
Code, provided the child was not included in the calculation of | 15863 |
the district's average daily membership for the preceding school | 15864 |
year. | 15865 |
| 15866 |
15867 | |
15868 | |
15869 | |
15870 | |
15871 | |
15872 |
| 15873 |
district participating in programs approved by the state board of | 15874 |
education. The amount shall be determined on the basis of | 15875 |
standards adopted by the state board of education. | 15876 |
| 15877 |
15878 | |
15879 | |
15880 | |
15881 | |
15882 | |
15883 | |
15884 | |
15885 | |
15886 |
| 15887 |
eligible pupils with disabilities attending a special education | 15888 |
program approved by the department of education whom it is | 15889 |
impossible or impractical to transport by regular school bus in | 15890 |
the course of regular route transportation provided by the | 15891 |
district or service center. No district or service center is | 15892 |
eligible to receive a payment under this division for the cost of | 15893 |
transporting any pupil whom it transports by regular school bus | 15894 |
and who is included in the district's transportation ADM. The | 15895 |
state board of education shall establish standards and guidelines | 15896 |
for use by the department of education in determining the approved | 15897 |
cost of such transportation for each district or service center. | 15898 |
| 15899 |
cooperative education school district, pursuant to section 3313.81 | 15900 |
of the Revised Code to assist in providing free lunches to needy | 15901 |
children and an amount to assist needy school districts in | 15902 |
purchasing necessary equipment for food preparation. The amounts | 15903 |
shall be determined on the basis of rules adopted by the state | 15904 |
board of education. | 15905 |
| 15906 |
attending a chartered nonpublic elementary or high school within | 15907 |
the district. The amount shall equal the amount appropriated for | 15908 |
the implementation of section 3317.06 of the Revised Code divided | 15909 |
by the average daily membership in grades kindergarten through | 15910 |
twelve in nonpublic elementary and high schools within the state | 15911 |
as determined during the first full week in October of each school | 15912 |
year. | 15913 |
| 15914 |
the basis of standards adopted by the state board of education, | 15915 |
for the approved cost of transportation required for children | 15916 |
attending special education programs operated by the county MR/DD | 15917 |
board under section 3323.09 of the Revised Code; | 15918 |
| 15919 |
15920 | |
15921 |
| 15922 |
mentor teacher program that complies with rules of the state board | 15923 |
of education. No school district shall be required to establish or | 15924 |
maintain such a program in any year unless sufficient funds are | 15925 |
appropriated to cover the district's total costs for the program. | 15926 |
| 15927 |
service center for the total number of gifted units approved | 15928 |
pursuant to section 3317.05 of the Revised Code. The amount for | 15929 |
each such unit shall be the sum of the minimum salary for the | 15930 |
teacher of the unit, calculated on the basis of the teacher's | 15931 |
training level and years of experience pursuant to the salary | 15932 |
schedule prescribed in the version of section 3317.13 of the | 15933 |
Revised Code in effect prior to July 1, 2001, plus fifteen per | 15934 |
cent of that minimum salary amount, plus two thousand six hundred | 15935 |
seventy-eight dollars. | 15936 |
| 15937 |
3317.082 of the Revised Code providing elementary or secondary | 15938 |
education to children other than children receiving special | 15939 |
education under section 3323.091 of the Revised Code. This amount | 15940 |
for any institution in any fiscal year shall equal the total of | 15941 |
all tuition amounts required to be paid to the institution under | 15942 |
division (A)(1) of section 3317.082 of the Revised Code. | 15943 |
| 15944 |
school district that operates a "graduation, reality, and | 15945 |
dual-role skills" (GRADS) program for pregnant and parenting | 15946 |
students that is approved by the department. The amount of the | 15947 |
payment shall be the district's state share percentage, as defined | 15948 |
in section 3317.022 or 3317.16 of the Revised Code, times the | 15949 |
GRADS personnel allowance times the full-time-equivalent number of | 15950 |
GRADS teachers approved by the department. The GRADS personnel | 15951 |
allowance is $47,555 in fiscal years 2004, 2005, 2006, and 2007. | 15952 |
The state board of education or any other board of education | 15953 |
or governing board may provide for any resident of a district or | 15954 |
educational service center territory any educational service for | 15955 |
which funds are made available to the board by the United States | 15956 |
under the authority of public law, whether such funds come | 15957 |
directly or indirectly from the United States or any agency or | 15958 |
department thereof or through the state or any agency, department, | 15959 |
or political subdivision thereof. | 15960 |
Sec. 3317.029. (A) As used in this section: | 15961 |
(1) "Poverty percentage" means the quotient obtained by | 15962 |
dividing the five-year average number of children ages five to | 15963 |
seventeen residing in the school district and living in a family | 15964 |
receiving assistance under the Ohio works first program or an | 15965 |
antecedent program known as TANF or ADC, as certified or adjusted | 15966 |
under section 3317.10 of the Revised Code, by the district's | 15967 |
three-year average formula ADM. | 15968 |
(2) "Statewide poverty percentage" means the five-year | 15969 |
average of the total number of children ages five to seventeen | 15970 |
years residing in the state and receiving assistance under the | 15971 |
Ohio works first program or an antecedent program known as TANF or | 15972 |
ADC, divided by the sum of the three-year average formula ADMs for | 15973 |
all school districts in the state. | 15974 |
(3) "Poverty index" means the quotient obtained by dividing | 15975 |
the school district's poverty percentage by the statewide poverty | 15976 |
percentage. | 15977 |
(4) "Poverty student count" means the five-year average | 15978 |
number of children ages five to seventeen residing in the school | 15979 |
district and living in a family receiving assistance under the | 15980 |
Ohio works first program or an antecedent program known as TANF or | 15981 |
ADC, as certified under section 3317.10
of the Revised
Code | 15982 |
(5) "Kindergarten ADM" means the number of students reported | 15983 |
under section 3317.03 of the Revised Code as enrolled in | 15984 |
kindergarten, excluding any kindergarten students reported under | 15985 |
division (B)(3)(e) or (f) of section 3317.03 of the Revised Code. | 15986 |
(6) "Kindergarten through third grade ADM" means the amount | 15987 |
calculated as follows: | 15988 |
(a) Multiply the kindergarten ADM by the sum of one plus the | 15989 |
all-day kindergarten percentage; | 15990 |
(b) Add the number of students in grades one through three; | 15991 |
(c) Subtract from the sum calculated under division (A)(6)(b) | 15992 |
of this section the number of special education students in grades | 15993 |
kindergarten through three. | 15994 |
"Kindergarten through third grade ADM" shall not include any | 15995 |
students reported under division (B)(3)(e) or (f) of section | 15996 |
3317.03 of the Revised Code. | 15997 |
(7) "All-day kindergarten" means a kindergarten class that is | 15998 |
in session five days per week for not less than the same number of | 15999 |
clock hours each day as for pupils in grades one through six. | 16000 |
(8) "All-day kindergarten percentage" means the percentage of | 16001 |
a district's actual total number of students enrolled in | 16002 |
kindergarten who are enrolled in all-day kindergarten. | 16003 |
(9) "Buildings with the highest concentration of need" means | 16004 |
the school buildings in a district with percentages of students in | 16005 |
grades kindergarten through three receiving assistance under Ohio | 16006 |
works first at least as high as the district-wide percentage of | 16007 |
students receiving such assistance. | 16008 |
If, in any fiscal year, the information provided by the | 16009 |
department of job and family services under section 3317.10 of the | 16010 |
Revised Code is insufficient to determine the Ohio works first | 16011 |
percentage in each building, "buildings with the highest | 16012 |
concentration of need" has the meaning given in rules that the | 16013 |
department of education shall adopt. The rules shall base the | 16014 |
definition of "buildings with the highest concentration of need" | 16015 |
on family income of students in grades kindergarten through three | 16016 |
in a manner that, to the extent possible with available data, | 16017 |
approximates the intent of this division and division (K) of this | 16018 |
section to designate buildings where the Ohio works first | 16019 |
percentage in those grades equals or exceeds the district-wide | 16020 |
Ohio works first percentage. | 16021 |
(B) In addition to the amounts required to be paid to a | 16022 |
school district under section 3317.022 of the Revised Code, the | 16023 |
department of education shall compute and distribute to each | 16024 |
school district for poverty-based assistance the greater of the | 16025 |
following: | 16026 |
(1) The amount the district received in fiscal year 2005 for | 16027 |
disadvantaged pupil impact aid pursuant to Section 41.10 of Am. | 16028 |
Sub. H.B. 95 of the 125th General Assembly, as amended, minus the | 16029 |
amount deducted from the district under Section 16 of Am. Sub. | 16030 |
S.B. 2 of the 125th General Assembly that year for payments to | 16031 |
internet- and computer-based community schools; | 16032 |
(2) The sum of the computations made under divisions (C) to | 16033 |
(I) of this section. | 16034 |
(C) A payment for academic intervention programs, if the | 16035 |
district's poverty index is greater than or equal to 0.25, | 16036 |
calculated as follows: | 16037 |
(1) If the district's poverty index is greater than or equal | 16038 |
to 0.25, calculate the district's level one amount for large-group | 16039 |
academic intervention for all students as follows: | 16040 |
(a) If the district's poverty index is greater than or equal | 16041 |
to 0.25 but less than 0.75: | 16042 |
16043 |
16044 |
16045 |
Where: | 16046 |
(i) "Large-group intervention units" equals the district's | 16047 |
formula ADM divided by 20; | 16048 |
(ii) "Hourly rate" equals $20.00 in fiscal year 2006 and | 16049 |
$20.40 in fiscal year 2007; | 16050 |
(iii) "Level one hours" equals 25 hours; | 16051 |
(iv) "Phase-in percentage" equals 0.60 in fiscal year 2006 | 16052 |
and 1.00 in fiscal year 2007. | 16053 |
(b) If the district's poverty index is greater than or equal | 16054 |
to 0.75: | 16055 |
16056 |
16057 |
Where "large-group intervention units," "hourly rate," "level | 16058 |
one hours," and "phase-in percentage" have the same meanings as in | 16059 |
division (C)(1)(a) of this section. | 16060 |
(2) If the district's poverty index is greater than or equal | 16061 |
to 0.75, calculate the district's level two amount for | 16062 |
medium-group academic intervention for all students as follows: | 16063 |
(a) If the district's poverty index is greater than or equal | 16064 |
to 0.75 but less than 1.50: | 16065 |
16066 |
16067 |
16068 |
Where: | 16069 |
(i) "Medium group intervention units" equals the district's | 16070 |
formula ADM divided by 15; | 16071 |
(ii) "Hourly rate," "level one hours," and "phase-in | 16072 |
percentage" have the same meanings as in division (C)(1)(a) of | 16073 |
this section. | 16074 |
(b) If the district's poverty index is greater than or equal | 16075 |
to 1.50: | 16076 |
16077 |
16078 |
Where: | 16079 |
(i) "Medium group intervention units" has the same meaning as | 16080 |
in division (C)(2)(a)(i) of this section; | 16081 |
(ii) "Hourly rate" and "phase-in percentage" have the same | 16082 |
meanings as in division (C)(1)(a) of this section; | 16083 |
(iii) "Level two hours" equals 50 hours. | 16084 |
(3) If the district's poverty index is greater than or equal | 16085 |
to 1.50, calculate the district's level three amount for | 16086 |
small-group academic intervention for impoverished students as | 16087 |
follows: | 16088 |
(a) If the district's poverty index is greater than or equal | 16089 |
to 1.50 but less than 2.50: | 16090 |
16091 |
16092 |
16093 |
Where: | 16094 |
(i) "Small group intervention units" equals the quotient of | 16095 |
(the district's poverty student count times 3) divided by 10; | 16096 |
(ii) "Hourly rate," "level one hours," and "phase-in | 16097 |
percentage" have the same meanings as in division (C)(1)(a) of | 16098 |
this section; | 16099 |
(iii) "Level three hours" equals 135 hours. | 16100 |
(b) If the district's poverty index is greater than or equal | 16101 |
to 2.50: | 16102 |
16103 |
16104 |
Where: | 16105 |
(i) "Small group intervention units" has the same meaning as | 16106 |
in division (C)(3)(a)(i) of this section; | 16107 |
(ii) "Hourly rate" and "phase-in percentage" have the same | 16108 |
meanings as in division (C)(1)(a) of this section; | 16109 |
(iii) "Level three hours" equals 160 hours. | 16110 |
Any district that receives funds under division (C)(2) or (3) | 16111 |
of this section annually shall submit to the department of | 16112 |
education by a date established by the department a plan | 16113 |
describing how the district will deploy those funds. The | 16114 |
deployment measures described in that plan shall comply with any | 16115 |
applicable spending requirements prescribed in division (J)(6) of | 16116 |
this section or with any order issued by the superintendent of | 16117 |
public instruction under section 3317.017 of the Revised Code. | 16118 |
(D) A payment for all-day kindergarten if the poverty index | 16119 |
of the school district is greater than or equal to 1.0 or if the | 16120 |
district's three-year average formula ADM exceeded seventeen | 16121 |
thousand five hundred. In addition, the department shall make a | 16122 |
payment under this division to any school district that, in a | 16123 |
prior fiscal year, qualified for this payment and provided all-day | 16124 |
kindergarten, regardless of changes to the district's poverty | 16125 |
index. The department shall calculate the payment under this | 16126 |
division by multiplying the all-day kindergarten percentage by the | 16127 |
kindergarten ADM and multiplying that product by the formula | 16128 |
amount. | 16129 |
(E) A class-size reduction payment based on calculating the | 16130 |
number of new teachers necessary to achieve a lower | 16131 |
student-teacher ratio, as follows: | 16132 |
(1) Determine or calculate a formula number of teachers per | 16133 |
one thousand students based on the poverty index of the school | 16134 |
district as follows: | 16135 |
(a) If the poverty index of the school district is less than | 16136 |
1.0, the formula number of teachers is 50.0, which is the number | 16137 |
of teachers per one thousand students at a student-teacher ratio | 16138 |
of twenty to one; | 16139 |
(b) If the poverty index of the school district is greater | 16140 |
than or equal to 1.0, but less than 1.5, the formula number of | 16141 |
teachers is calculated as follows: | 16142 |
16143 |
Where 50.0 is the number of teachers per one thousand | 16144 |
students at a student-teacher ratio of twenty to one; 0.5 is the | 16145 |
interval from a poverty index of 1.0 to a poverty index of 1.5; | 16146 |
and 16.667 is the difference in the number of teachers per one | 16147 |
thousand students at a student-teacher ratio of fifteen to one and | 16148 |
the number of teachers per one thousand students at a | 16149 |
student-teacher ratio of twenty to one. | 16150 |
(c) If the poverty index of the school district is greater | 16151 |
than or equal to 1.5, the formula number of teachers is 66.667, | 16152 |
which is the number of teachers per one thousand students at a | 16153 |
student-teacher ratio of fifteen to one. | 16154 |
(2) Multiply the formula number of teachers determined or | 16155 |
calculated in division (E)(1) of this section by the kindergarten | 16156 |
through third grade ADM for the district and divide that product | 16157 |
by one thousand; | 16158 |
(3) Calculate the number of new teachers as follows: | 16159 |
(a) Multiply the kindergarten through third grade ADM by | 16160 |
50.0, which is the number of teachers per one thousand students at | 16161 |
a student-teacher ratio of twenty to one, and divide that product | 16162 |
by one thousand; | 16163 |
(b) Subtract the quotient obtained in division (E)(3)(a) of | 16164 |
this section from the product in division (E)(2) of this section. | 16165 |
(4) Multiply the greater of the difference obtained under | 16166 |
division (E)(3) of this section or zero by the statewide average | 16167 |
teachers compensation. For this purpose, the "statewide average | 16168 |
teacher compensation" is $53,680 in fiscal year 2006 and $54,941 | 16169 |
in fiscal year 2007, which includes an amount for the value of | 16170 |
fringe benefits. | 16171 |
(F) A payment for services to limited English proficient | 16172 |
students, if the district's poverty index is greater than or equal | 16173 |
to 1.0 and the proportion of its students who are limited English | 16174 |
proficient, as reported in 2003 on its school district report | 16175 |
issued under section 3302.03 of the Revised Code for the 2002-2003 | 16176 |
school year, is greater than or equal to 2.0%, calculated as | 16177 |
follows: | 16178 |
(1) If the district's poverty index is greater than or equal | 16179 |
to 1.0, but less than 1.75, determine the amount per limited | 16180 |
English proficient student as follows: | 16181 |
16182 |
16183 |
(2) If the district's poverty index is greater than or equal | 16184 |
to 1.75, the amount per limited English proficient student equals: | 16185 |
16186 |
(3) Multiply the per student amount determined for the | 16187 |
district under division (F)(1) or (2) of this section by the | 16188 |
number of the district's limited English proficient students, | 16189 |
times a phase-in percentage of 0.40 in fiscal year 2006 and 0.70 | 16190 |
in fiscal year 2007. For purposes of this calculation, the number | 16191 |
of limited English proficient students for each district shall be | 16192 |
the number determined by the department when it calculated the | 16193 |
district's percentage of limited English proficient students for | 16194 |
its school district report card issued in 2003 for the 2002-2003 | 16195 |
school year. | 16196 |
Not later than December 31, 2006, the department of education | 16197 |
shall recommend to the general assembly and the director of budget | 16198 |
and management a method of identifying the number of limited | 16199 |
English proficient students for purposes of calculating payments | 16200 |
under this division after fiscal year 2007. | 16201 |
(G) A payment for professional development of teachers, if | 16202 |
the district's poverty index is greater than or equal to 1.0, | 16203 |
calculated as follows: | 16204 |
(1) If the district's poverty index is greater than or equal | 16205 |
to 1.0, but less than 1.75, determine the amount per teacher as | 16206 |
follows: | 16207 |
16208 |
(2) If the district's poverty index is greater than or equal | 16209 |
to 1.75, the amount per teacher equals: | 16210 |
16211 |
(3) Determine the number of teachers, as follows: | 16212 |
16213 |
(4) Multiply the per teacher amount determined for the | 16214 |
district under division (G)(1) or (2) of this section by the | 16215 |
number of teachers determined under division (G)(3) of this | 16216 |
section, times a phase-in percentage of 0.40 in fiscal year 2006 | 16217 |
and 0.70 in fiscal year 2007. | 16218 |
(H) A payment for dropout prevention, if the district is a | 16219 |
big eight school district as defined in section 3314.02 of the | 16220 |
Revised Code, calculated as follows: | 16221 |
16222 |
16223 |
Where "phase-in percentage" equals 0.40 in fiscal year 2006 | 16224 |
and 0.70 in fiscal year 2007. | 16225 |
(I) An amount for community outreach, if the district is an | 16226 |
urban school district as defined in section 3314.02 of the Revised | 16227 |
Code, calculated as follows: | 16228 |
16229 |
16230 |
Where "phase-in percentage" equals 0.40 in fiscal year 2006 | 16231 |
and 0.70 in fiscal year 2007. | 16232 |
(J) This division applies only to school districts whose | 16233 |
poverty index is 1.0 or greater. | 16234 |
(1) Each school district subject to this division shall first | 16235 |
utilize funds received under this section so that, when combined | 16236 |
with other funds of the district, sufficient funds exist to | 16237 |
provide all-day kindergarten to at least the number of children in | 16238 |
the district's all-day kindergarten percentage. To satisfy this | 16239 |
requirement, a district may use funds paid under division (C), | 16240 |
(F), (G), (H), or (I) of this section to provide all-day | 16241 |
kindergarten in addition to the all-day kindergarten payment under | 16242 |
division (D) of this section. | 16243 |
(2) | 16244 |
section, each school district shall use its payment under division | 16245 |
(F) of this section for one or more of the following purposes: | 16246 |
(a) To hire teachers for limited English proficient students | 16247 |
or other personnel to provide intervention services for those | 16248 |
students; | 16249 |
(b) To contract for intervention services for those students; | 16250 |
(c) To provide other services to assist those students in | 16251 |
passing the third-grade reading achievement test, and to provide | 16252 |
for those students the intervention services required by section | 16253 |
3313.608 of the Revised Code. | 16254 |
(3) | 16255 |
section, each school district shall use its payment under division | 16256 |
(G) of this section for professional development of teachers or | 16257 |
other licensed personnel providing educational services to | 16258 |
students only in one or more of the following areas: | 16259 |
(a) Data-based decision making; | 16260 |
(b) Standards-based curriculum models; | 16261 |
(c) Job-embedded professional development activities that are | 16262 |
research-based, as defined in federal law. | 16263 |
In addition, each district shall use the payment only to | 16264 |
implement programs identified on a list of eligible professional | 16265 |
development programs provided by the department of education. The | 16266 |
department annually shall provide the list to each district | 16267 |
receiving a payment under division (G) of this section. However, a | 16268 |
district may apply to the department for a waiver to implement an | 16269 |
alternative professional development program in one or more of the | 16270 |
areas specified in divisions (J)(3)(a) to (c) of this section. If | 16271 |
the department grants the waiver, the district may use its payment | 16272 |
under division (G) of this section to implement the alternative | 16273 |
program. | 16274 |
(4) | 16275 |
section, each big eight school district shall use its payment | 16276 |
under division (H) of this section either for preventing at-risk | 16277 |
students from dropping out of school, for safety and security | 16278 |
measures described in division (J)(5)(b) of this section, for | 16279 |
academic intervention services described in division (J)(6) of | 16280 |
this section, or for a combination of those purposes. Not later | 16281 |
than September 1, 2005, the department of education shall provide | 16282 |
each big eight school district with a list of dropout prevention | 16283 |
programs that it has determined are successful. The department | 16284 |
subsequently may update the list. Each district that elects to use | 16285 |
its payment under division (H) of this section for dropout | 16286 |
prevention shall use the payment only to implement a dropout | 16287 |
prevention program specified on the department's list. However, a | 16288 |
district may apply to the department for a waiver to implement an | 16289 |
alternative dropout prevention program. If the department grants | 16290 |
the waiver, the district may use its payment under division (H) of | 16291 |
this section to implement the alternative program. | 16292 |
(5) | 16293 |
section, each urban school district that has a poverty index | 16294 |
greater than or equal to 1.0 shall use its payment under division | 16295 |
(I) of this section for one or a combination of the following | 16296 |
purposes: | 16297 |
(a) To hire or contract for community liaison officers, | 16298 |
attendance or truant officers, or safety and security personnel; | 16299 |
(b) To implement programs designed to ensure that schools are | 16300 |
free of drugs and violence and have a disciplined environment | 16301 |
conducive to learning; | 16302 |
(c) To implement academic intervention services described in | 16303 |
division (J)(6) of this section. | 16304 |
(6) | 16305 |
section, each school district with a poverty index greater than or | 16306 |
equal to 1.0 shall use the amount of its payment under division | 16307 |
(C) of this section, and may use any amount of its payment under | 16308 |
division (H) or (I) of this section, for academic intervention | 16309 |
services for students who have failed or are in danger of failing | 16310 |
any of the tests administered pursuant to section 3301.0710 of the | 16311 |
Revised Code, including intervention services required by section | 16312 |
3313.608 of the Revised Code. | 16313 |
division (J)(1) of this section, no district shall spend any | 16314 |
portion of its payment under division (C) of this section for any | 16315 |
other purpose. Notwithstanding any provision to the contrary in | 16316 |
Chapter 4117. of the Revised Code, no collective bargaining | 16317 |
agreement entered into after | 16318 |
June 30, 2005, shall require use of the payment for any other | 16319 |
purpose. | 16320 |
(7) Except as otherwise required by division (K) or permitted | 16321 |
under division (O) of this section, all remaining funds | 16322 |
distributed under this section to districts with a poverty index | 16323 |
greater than or equal to 1.0 shall be utilized for the purpose of | 16324 |
the third grade guarantee. The third grade guarantee consists of | 16325 |
increasing the amount of instructional attention received per | 16326 |
pupil in kindergarten through third grade, either by reducing the | 16327 |
ratio of students to instructional personnel or by increasing the | 16328 |
amount of instruction and curriculum-related activities by | 16329 |
extending the length of the school day or the school year. | 16330 |
School districts may implement a reduction of the ratio of | 16331 |
students to instructional personnel through any or all of the | 16332 |
following methods: | 16333 |
(a) Reducing the number of students in a classroom taught by | 16334 |
a single teacher; | 16335 |
(b) Employing full-time educational aides or educational | 16336 |
paraprofessionals issued a permit or license under section | 16337 |
3319.088 of the Revised Code; | 16338 |
(c) Instituting a team-teaching method that will result in a | 16339 |
lower student-teacher ratio in a classroom. | 16340 |
Districts may extend the school day either by increasing the | 16341 |
amount of time allocated for each class, increasing the number of | 16342 |
classes provided per day, offering optional academic-related | 16343 |
after-school programs, providing curriculum-related extra | 16344 |
curricular activities, or establishing tutoring or remedial | 16345 |
services for students who have demonstrated an educational need. | 16346 |
In accordance with section 3319.089 of the Revised Code, a | 16347 |
district extending the school day pursuant to this division may | 16348 |
utilize a participant of the work experience program who has a | 16349 |
child enrolled in a public school in that district and who is | 16350 |
fulfilling the work requirements of that program by volunteering | 16351 |
or working in that public school. If the work experience program | 16352 |
participant is compensated, the school district may use the funds | 16353 |
distributed under this section for all or part of the | 16354 |
compensation. | 16355 |
Districts may extend the school year either through adding | 16356 |
regular days of instruction to the school calendar or by providing | 16357 |
summer programs. | 16358 |
(K) Each district shall not expend any funds received under | 16359 |
division (E) of this section in any school buildings that are not | 16360 |
buildings with the highest concentration of need, unless there is | 16361 |
a ratio of instructional personnel to students of no more than | 16362 |
fifteen to one in each kindergarten and first grade class in all | 16363 |
buildings with the highest concentration of need. This division | 16364 |
does not require that the funds used in buildings with the highest | 16365 |
concentration of need be spent solely to reduce the ratio of | 16366 |
instructional personnel to students in kindergarten and first | 16367 |
grade. A school district may spend the funds in those buildings in | 16368 |
any manner permitted by division (J)(7) of this section, but may | 16369 |
not spend the money in other buildings unless the fifteen-to-one | 16370 |
ratio required by this division is attained. | 16371 |
(L)(1) By the first day of August of each fiscal year, each | 16372 |
school district wishing to receive any funds under division (D) of | 16373 |
this section shall submit to the department of education an | 16374 |
estimate of its all-day kindergarten percentage. Each district | 16375 |
shall update its estimate throughout the fiscal year in the form | 16376 |
and manner required by the department, and the department shall | 16377 |
adjust payments under this section to reflect the updates. | 16378 |
(2) Annually by the end of December, the department of | 16379 |
education, utilizing data from the information system established | 16380 |
under section 3301.0714
of the Revised Code | 16381 |
16382 | |
determine for each school district subject to division (J) of this | 16383 |
section whether in the preceding fiscal year the district's ratio | 16384 |
of instructional personnel to students and its number of | 16385 |
kindergarten students receiving all-day kindergarten appear | 16386 |
reasonable, given the amounts of money the district received for | 16387 |
that fiscal year pursuant to divisions (D) and (E) of this | 16388 |
section. If the department is unable to verify from the data | 16389 |
available that students are receiving reasonable amounts of | 16390 |
instructional attention and all-day kindergarten, given the funds | 16391 |
the district has received under this section and that class-size | 16392 |
reduction funds are being used in school buildings with the | 16393 |
highest concentration of need as required by division (K) of this | 16394 |
section, the department shall conduct a more intensive | 16395 |
investigation to ensure that funds have been expended as required | 16396 |
by this section. The department shall file an annual report of its | 16397 |
findings under this division with the chairpersons of the | 16398 |
committees in each house of the general assembly dealing with | 16399 |
finance and education. | 16400 |
(M)(1) Each school district with a poverty index less than | 16401 |
1.0 | 16402 |
16403 | |
of this section shall first utilize funds received under this | 16404 |
section so that, when combined with other funds of the district, | 16405 |
sufficient funds exist to provide all-day kindergarten to at least | 16406 |
the number of children in the district's all-day kindergarten | 16407 |
percentage. To satisfy this requirement, a district may use funds | 16408 |
paid under division (C) or (I) of this section to provide all-day | 16409 |
kindergarten in addition to the all-day kindergarten payment under | 16410 |
division (D) of this section. | 16411 |
(2) | 16412 |
section, each school district with a poverty index less than 1.0 | 16413 |
that receives a payment under division (C) of this section shall | 16414 |
use its payment under that division in accordance with all | 16415 |
requirements of division (J)(6) of this section. | 16416 |
(3) | 16417 |
section, each school district with a poverty index less than 1.0 | 16418 |
that receives a payment under division (I) of this section shall | 16419 |
use its payment under that division for one or a combination of | 16420 |
the following purposes: | 16421 |
(a) To hire or contract for community liaison officers, | 16422 |
attendance or truant officers, or safety and security personnel; | 16423 |
(b) To implement programs designed to ensure that schools are | 16424 |
free of drugs and violence and have a disciplined environment | 16425 |
conducive to learning; | 16426 |
(c) To implement academic intervention services described in | 16427 |
division (J)(6) of this section. | 16428 |
(4) Each school district to which division (M)(1), (2), or | 16429 |
(3) of this section applies shall expend the remaining funds | 16430 |
received under this section, and any other district with a poverty | 16431 |
index less than 1.0 shall expend all funds received under this | 16432 |
section, for any of the following purposes: | 16433 |
(a) The purchase of technology for instructional purposes for | 16434 |
remediation; | 16435 |
(b) All-day kindergarten; | 16436 |
(c) Reduction of class sizes in grades kindergarten through | 16437 |
three, as described in division (J)(7) of this section; | 16438 |
(d) Summer school remediation; | 16439 |
(e) Dropout prevention programs approved by the department of | 16440 |
education under division (J)(4) of this section; | 16441 |
(f) Guaranteeing that all third graders are ready to progress | 16442 |
to more advanced work; | 16443 |
(g) Summer education and work programs; | 16444 |
(h) Adolescent pregnancy programs; | 16445 |
(i) Head start, preschool, early childhood education, or | 16446 |
early learning programs; | 16447 |
(j) Reading improvement and remediation programs described by | 16448 |
the department of education; | 16449 |
(k) Programs designed to ensure that schools are free of | 16450 |
drugs and violence and have a disciplined environment conducive to | 16451 |
learning; | 16452 |
(l) Furnishing, free of charge, materials used in courses of | 16453 |
instruction, except for the necessary textbooks or electronic | 16454 |
textbooks required to be furnished without charge pursuant to | 16455 |
section 3329.06 of the Revised Code, to pupils living in families | 16456 |
participating in Ohio works first in accordance with section | 16457 |
3313.642 of the Revised Code; | 16458 |
(m) School breakfasts provided pursuant to section 3313.813 | 16459 |
of the Revised Code. | 16460 |
(N) If at any time the superintendent of public instruction | 16461 |
determines that a school district receiving funds under division | 16462 |
(D) of this section has enrolled less than the all-day | 16463 |
kindergarten percentage reported for that fiscal year, the | 16464 |
superintendent shall withhold from the funds otherwise due the | 16465 |
district under this section a proportional amount as determined by | 16466 |
the difference in the certified all-day kindergarten percentage | 16467 |
and the percentage actually enrolled in all-day kindergarten. | 16468 |
The superintendent shall also withhold an appropriate amount | 16469 |
of funds otherwise due a district for any other misuse of funds | 16470 |
not in accordance with this section. | 16471 |
(O)(1) A district may use a portion of the funds calculated | 16472 |
for it under division (D) of this section to modify or purchase | 16473 |
classroom space to provide all-day kindergarten, if both of the | 16474 |
following conditions are met: | 16475 |
(a) The district certifies to the department, in a manner | 16476 |
acceptable to the department, that it has a shortage of space for | 16477 |
providing all-day kindergarten. | 16478 |
(b) The district provides all-day kindergarten to the number | 16479 |
of children in the all-day kindergarten percentage it certified | 16480 |
under this section. | 16481 |
(2) A district may use a portion of the funds described in | 16482 |
division (J)(7) of this section to modify or purchase classroom | 16483 |
space to enable it to further reduce class size in grades | 16484 |
kindergarten through two with a goal of attaining class sizes of | 16485 |
fifteen students per licensed teacher. To do so, the district must | 16486 |
certify its need for additional space to the department, in a | 16487 |
manner satisfactory to the department. | 16488 |
Sec. 3317.0216. (A) As used in this section: | 16489 |
(1) "Total taxes charged and payable for current expenses" | 16490 |
means the sum of the taxes charged and payable as certified under | 16491 |
division (A)(3)(a) of section 3317.021 of the Revised Code less | 16492 |
any amounts reported under division (A)(3)(b) of that section, and | 16493 |
the tax distribution for the preceding year under any school | 16494 |
district income tax levied by the district pursuant to Chapter | 16495 |
5748. of the Revised Code to the extent the revenue from the | 16496 |
income tax is allocated or apportioned to current expenses. | 16497 |
(2) "Charge-off amount" means two and three-tenths per cent | 16498 |
multipled by (the sum of recognized valuation and property | 16499 |
exemption value). | 16500 |
(3) Until fiscal year 2003, the "actual local share of | 16501 |
special education, transportation, and vocational education | 16502 |
funding" for any school district means the sum of the district's | 16503 |
attributed local shares described in divisions (F)(1) to (3) of | 16504 |
section 3317.022 of the Revised Code. Beginning in fiscal year | 16505 |
2003, the "actual local share of special education, | 16506 |
transportation, and vocational education funding" means that sum | 16507 |
minus the amount of any excess cost supplement payment calculated | 16508 |
for the district under division (F) of section 3317.022 of the | 16509 |
Revised Code. | 16510 |
(4) "Current expense revenues from the tangible property tax | 16511 |
replacement fund" means payments received from the school district | 16512 |
tangible property tax replacement fund or the general revenue fund | 16513 |
under section 5751.21 of the Revised Code for fixed-rate levies | 16514 |
for current expenses and for fixed-sum levies for current | 16515 |
expenses, including school district emergency levies under | 16516 |
sections 5705.194 to 5705.197 of the Revised Code. | 16517 |
(B) Upon receiving the certifications under section 3317.021 | 16518 |
of the Revised Code, the department of education shall determine | 16519 |
for each city, local, and exempted village school district whether | 16520 |
the district's charge-off amount is greater than the sum of the | 16521 |
district's total taxes charged and payable for current expenses | 16522 |
and current expense revenues from the tangible property tax | 16523 |
replacement fund, and if the charge-off amount is greater, shall | 16524 |
pay the district the amount of the difference. A payment shall not | 16525 |
be made to any school district for which the computation under | 16526 |
division (A) of section 3317.022 of the Revised Code equals zero. | 16527 |
(C)(1) If a district's charge-off amount is equal to or | 16528 |
greater than the sum of its total taxes charged and payable for | 16529 |
current expenses and current expense revenues from the tangible | 16530 |
property tax replacement fund, the department shall, in addition | 16531 |
to the payment required under division (B) of this section, pay | 16532 |
the district the amount of its actual local share of special | 16533 |
education, transportation, and vocational education funding. | 16534 |
(2) If a district's charge-off amount is less than the sum of | 16535 |
its total taxes charged and payable for current expenses and | 16536 |
current expense revenues from the tangible property tax | 16537 |
replacement fund, the department shall pay the district any amount | 16538 |
by which its actual local share of special education, | 16539 |
transportation, and vocational education funding exceeds the sum | 16540 |
of its total taxes charged and payable for current expenses and | 16541 |
current expense revenues from the tangible property tax | 16542 |
replacement fund minus its charge-off amount. | 16543 |
(D) If a school district that received a payment under | 16544 |
division (B) or (C) of this section in the prior fiscal year is | 16545 |
ineligible for payment under those divisions in the current fiscal | 16546 |
year, the department shall determine if the ineligibility is the | 16547 |
result of a property tax or income tax levy approved by the | 16548 |
district's voters to take effect in tax year 2005 or thereafter. | 16549 |
If the department determines that is the case, and calculates that | 16550 |
the levy causing the ineligibility exceeded by at least one mill | 16551 |
the equivalent millage of the prior year's payment under divisions | 16552 |
(B) and (C) of this section, the department shall make a payment | 16553 |
to the district for the first three years that the district loses | 16554 |
eligibility for payment under divisions (B) and (C) of this | 16555 |
section, as follows: | 16556 |
(1) In the first year of ineligibility, the department shall | 16557 |
pay the district seventy-five per cent of the amount it last paid | 16558 |
the district under divisions (B) and (C) of this section. | 16559 |
(2) In the second year of ineligibility, the department shall | 16560 |
pay the district fifty per cent of the amount it last paid the | 16561 |
district under those divisions. | 16562 |
(3) In the third year of ineligibility, the department shall | 16563 |
pay the district twenty-five per cent of the amount it last paid | 16564 |
the district under those divisions. | 16565 |
(E) A district that receives payment under division (D) of | 16566 |
this section and subsequently qualifies for payment under division | 16567 |
(B) or (C) of this section is ineligible for future payments under | 16568 |
division (D) of this section. | 16569 |
(F) To enable the department of education to make the | 16570 |
determinations and to calculate payments under division (D) of | 16571 |
this section, on the effective date of this amendment, and on or | 16572 |
before the first day of March of each year thereafter, the | 16573 |
department shall send to the tax commissioner a list of school | 16574 |
districts receiving payments under division (B) or (C) of this | 16575 |
section for the current fiscal year. On or before the first day of | 16576 |
the following June, the tax commissioner shall certify to the | 16577 |
department of education for those school districts the information | 16578 |
required by division (A)(8) of section 3317.021 of the Revised | 16579 |
Code. | 16580 |
Sec. 3317.03. Notwithstanding divisions (A)(1), (B)(1), and | 16581 |
(C) of this section, any student enrolled in kindergarten more | 16582 |
than half time shall be reported as one-half student under this | 16583 |
section. | 16584 |
(A) The superintendent of each city and exempted village | 16585 |
school district and of each educational service center shall, for | 16586 |
the schools under the superintendent's supervision, certify to the | 16587 |
state board of education on or before the fifteenth day of October | 16588 |
in each year for the first full school week in October the formula | 16589 |
ADM. Beginning in fiscal year | 16590 |
shall certify to the state board, for the schools under the | 16591 |
superintendent's supervision, the formula ADM for the | 16592 |
full week in February. If a school under the superintendent's | 16593 |
supervision is closed for one or more days during that week due to | 16594 |
hazardous weather conditions or other circumstances described in | 16595 |
the first paragraph of division (B) of section 3317.01 of the | 16596 |
Revised Code, the superintendent may apply to the superintendent | 16597 |
of public instruction for a waiver, under which the superintendent | 16598 |
of public instruction may exempt the district superintendent from | 16599 |
certifying the formula ADM for that school for that week and | 16600 |
specify an alternate week for certifying the formula ADM of that | 16601 |
school. | 16602 |
The formula ADM shall consist of the average daily membership | 16603 |
during such week of the sum of the following: | 16604 |
(1) On an FTE basis, the number of students in grades | 16605 |
kindergarten through twelve receiving any educational services | 16606 |
from the district, except that the following categories of | 16607 |
students shall not be included in the determination: | 16608 |
(a) Students enrolled in adult education classes; | 16609 |
(b) Adjacent or other district students enrolled in the | 16610 |
district under an open enrollment policy pursuant to section | 16611 |
3313.98 of the Revised Code; | 16612 |
(c) Students receiving services in the district pursuant to a | 16613 |
compact, cooperative education agreement, or a contract, but who | 16614 |
are entitled to attend school in another district pursuant to | 16615 |
section 3313.64 or 3313.65 of the Revised Code; | 16616 |
(d) Students for whom tuition is payable pursuant to sections | 16617 |
3317.081 and 3323.141 of the Revised Code. | 16618 |
(2) On an FTE basis, the number of students entitled to | 16619 |
attend school in the district pursuant to section 3313.64 or | 16620 |
3313.65 of the Revised Code, but receiving educational services in | 16621 |
grades kindergarten through twelve from one or more of the | 16622 |
following entities: | 16623 |
(a) A community school pursuant to Chapter 3314. of the | 16624 |
Revised Code, including any participation in a college pursuant to | 16625 |
Chapter 3365. of the Revised Code while enrolled in such community | 16626 |
school; | 16627 |
(b) An alternative school pursuant to sections 3313.974 to | 16628 |
3313.979 of the Revised Code as described in division (I)(2)(a) or | 16629 |
(b) of this section; | 16630 |
(c) A college pursuant to Chapter 3365. of the Revised Code, | 16631 |
except when the student is enrolled in the college while also | 16632 |
enrolled in a community school pursuant to Chapter 3314. of the | 16633 |
Revised Code; | 16634 |
(d) An adjacent or other school district under an open | 16635 |
enrollment policy adopted pursuant to section 3313.98 of the | 16636 |
Revised Code; | 16637 |
(e) An educational service center or cooperative education | 16638 |
district; | 16639 |
(f) Another school district under a cooperative education | 16640 |
agreement, compact, or contract; | 16641 |
(g) A chartered nonpublic school with a scholarship paid | 16642 |
under section 3310.08 of the Revised Code. | 16643 |
(3) Twenty per cent of the number of students enrolled in a | 16644 |
joint vocational school district or under a vocational education | 16645 |
compact, excluding any students entitled to attend school in the | 16646 |
district under section 3313.64 or 3313.65 of the Revised Code who | 16647 |
are enrolled in another school district through an open enrollment | 16648 |
policy as reported under division (A)(2)(d) of this section and | 16649 |
then enroll in a joint vocational school district or under a | 16650 |
vocational education compact; | 16651 |
(4) The number of handicapped children, other than | 16652 |
handicapped preschool children, entitled to attend school in the | 16653 |
district pursuant to section 3313.64 or 3313.65 of the Revised | 16654 |
Code who are placed with a county MR/DD board, minus the number of | 16655 |
such children placed with a county MR/DD board in fiscal year | 16656 |
1998. If this calculation produces a negative number, the number | 16657 |
reported under division (A)(4) of this section shall be zero. | 16658 |
(5) | 16659 |
report submitted for the | 16660 |
alternative week if specified by the superintendent of public | 16661 |
instruction, the number of students reported under division (A)(1) | 16662 |
or (2) of this section for the first full week of the preceding | 16663 |
October but who since that week have received high school | 16664 |
diplomas. | 16665 |
(B) To enable the department of education to obtain the data | 16666 |
needed to complete the calculation of payments pursuant to this | 16667 |
chapter, in addition to the formula ADM, each superintendent shall | 16668 |
report separately the following student counts for the same week | 16669 |
for which formula ADM is certified: | 16670 |
(1) The total average daily membership in regular day classes | 16671 |
included in the report under division (A)(1) or (2) of this | 16672 |
section for kindergarten, and each of grades one through twelve in | 16673 |
schools under the superintendent's supervision; | 16674 |
(2) The number of all handicapped preschool children enrolled | 16675 |
as of the first day of December in classes in the district that | 16676 |
are eligible for approval under division (B) of section 3317.05 | 16677 |
of the Revised Code and the number of those classes, which shall | 16678 |
be reported not later than the fifteenth day of December, in | 16679 |
accordance with rules adopted under that section; | 16680 |
(3) The number of children entitled to attend school in the | 16681 |
district pursuant to section 3313.64 or 3313.65 of the Revised | 16682 |
Code who are: | 16683 |
(a) Participating in a pilot project scholarship program | 16684 |
established under sections 3313.974 to 3313.979 of the Revised | 16685 |
Code as described in division (I)(2)(a) or (b) of this section; | 16686 |
(b) Enrolled in a college under Chapter 3365. of the Revised | 16687 |
Code, except when the student is enrolled in the college while | 16688 |
also enrolled in a community school pursuant to Chapter 3314. of | 16689 |
the Revised Code; | 16690 |
(c) Enrolled in an adjacent or other school district under | 16691 |
section 3313.98 of the Revised Code; | 16692 |
(d) Enrolled in a community school established under Chapter | 16693 |
3314. of the Revised Code that is not an internet- or | 16694 |
computer-based community school as defined in section 3314.02 of | 16695 |
the Revised Code, including any participation in a college | 16696 |
pursuant to Chapter 3365. of the Revised Code while enrolled in | 16697 |
such community school; | 16698 |
(e) Enrolled in an internet- or computer-based community | 16699 |
school, as defined in section 3314.02 of the Revised Code, | 16700 |
including any participation in a college pursuant to Chapter 3365. | 16701 |
of the Revised Code while enrolled in the school; | 16702 |
(f) Enrolled in a chartered nonpublic school with a | 16703 |
scholarship paid under section 3310.08 of the Revised Code; | 16704 |
(g) Participating in a program operated by a county MR/DD | 16705 |
board
or a state
institution | 16706 |
(4) The number of pupils enrolled in joint vocational | 16707 |
schools; | 16708 |
(5) The average daily membership of handicapped children | 16709 |
reported under division (A)(1) or (2) of this section receiving | 16710 |
special education services for the category one handicap described | 16711 |
in division (A) of section 3317.013 of the Revised Code; | 16712 |
(6) The average daily membership of handicapped children | 16713 |
reported under division (A)(1) or (2) of this section receiving | 16714 |
special education services for category two handicaps described in | 16715 |
division (B) of section 3317.013 of the Revised Code; | 16716 |
(7) The average daily membership of handicapped children | 16717 |
reported under division (A)(1) or (2) of this section receiving | 16718 |
special education services for category three handicaps described | 16719 |
in division (C) of section 3317.013 of the Revised Code; | 16720 |
(8) The average daily membership of handicapped children | 16721 |
reported under division (A)(1) or (2) of this section receiving | 16722 |
special education services for category four handicaps described | 16723 |
in division (D) of section 3317.013 of the Revised Code; | 16724 |
(9) The average daily membership of handicapped children | 16725 |
reported under division (A)(1) or (2) of this section receiving | 16726 |
special education services for the category five handicap | 16727 |
described in division (E) of section 3317.013 of the Revised Code; | 16728 |
(10) The average daily membership of handicapped children | 16729 |
reported under division (A)(1) or (2) of this section receiving | 16730 |
special education services for category six handicaps described in | 16731 |
division (F) of section 3317.013 of the Revised Code; | 16732 |
(11) The average daily membership of pupils reported under | 16733 |
division (A)(1) or (2) of this section enrolled in category one | 16734 |
vocational education programs or classes, described in division | 16735 |
(A) of section 3317.014 of the Revised Code, operated by the | 16736 |
school district or by another district, other than a joint | 16737 |
vocational school district, or by an educational service center, | 16738 |
excluding any student reported under division (B)(3)(e) of this | 16739 |
section as enrolled in an internet- or computer-based community | 16740 |
school, notwithstanding division (C) of section 3317.02 of the | 16741 |
Revised Code and division (C)(3) of this section; | 16742 |
(12) The average daily membership of pupils reported under | 16743 |
division (A)(1) or (2) of this section enrolled in category two | 16744 |
vocational education programs or services, described in division | 16745 |
(B) of section 3317.014 of the Revised Code, operated by the | 16746 |
school district or another school district, other than a joint | 16747 |
vocational school district, or by an educational service center, | 16748 |
excluding any student reported under division (B)(3)(e) of this | 16749 |
section as enrolled in an internet- or computer-based community | 16750 |
school, notwithstanding division (C) of section 3317.02 of the | 16751 |
Revised Code and division (C)(3) of this section; | 16752 |
(13) The average number of children transported by the school | 16753 |
district on board-owned or contractor-owned and -operated buses, | 16754 |
reported in accordance with rules adopted by the department of | 16755 |
education; | 16756 |
(14)(a) The number of children, other than handicapped | 16757 |
preschool children, the district placed with a county MR/DD board | 16758 |
in fiscal year 1998; | 16759 |
(b) The number of handicapped children, other than | 16760 |
handicapped preschool children, placed with a county MR/DD board | 16761 |
in the current fiscal year to receive special education services | 16762 |
for the category one handicap described in division (A) of section | 16763 |
3317.013 of the Revised Code; | 16764 |
(c) The number of handicapped children, other than | 16765 |
handicapped preschool children, placed with a county MR/DD board | 16766 |
in the current fiscal year to receive special education services | 16767 |
for category two handicaps described in division (B) of section | 16768 |
3317.013 of the Revised Code; | 16769 |
(d) The number of handicapped children, other than | 16770 |
handicapped preschool children, placed with a county MR/DD board | 16771 |
in the current fiscal year to receive special education services | 16772 |
for category three handicaps described in division (C) of section | 16773 |
3317.013 of the Revised Code; | 16774 |
(e) The number of handicapped children, other than | 16775 |
handicapped preschool children, placed with a county MR/DD board | 16776 |
in the current fiscal year to receive special education services | 16777 |
for category four handicaps described in division (D) of section | 16778 |
3317.013 of the Revised Code; | 16779 |
(f) The number of handicapped children, other than | 16780 |
handicapped preschool children, placed with a county MR/DD board | 16781 |
in the current fiscal year to receive special education services | 16782 |
for the category five handicap described in division (E) of | 16783 |
section 3317.013 of the Revised Code; | 16784 |
(g) The number of handicapped children, other than | 16785 |
handicapped preschool children, placed with a county MR/DD board | 16786 |
in the current fiscal year to receive special education services | 16787 |
for category six handicaps described in division (F) of section | 16788 |
3317.013 of the Revised Code. | 16789 |
(C)(1) Except as otherwise provided in this section for | 16790 |
kindergarten students, the average daily membership in divisions | 16791 |
(B)(1) to (12) of this section shall be based upon the number of | 16792 |
full-time equivalent students. The state board of education shall | 16793 |
adopt rules defining full-time equivalent students and for | 16794 |
determining the average daily membership therefrom for the | 16795 |
purposes of divisions (A), (B), and (D) of this section. | 16796 |
(2) A student enrolled in a community school established | 16797 |
under Chapter 3314. of the Revised Code shall be counted in the | 16798 |
formula ADM and, if applicable, the category one, two, three, | 16799 |
four, five, or six special education ADM of the school district in | 16800 |
which the student is entitled to attend school under section | 16801 |
3313.64 or 3313.65 of the Revised Code for the same proportion of | 16802 |
the school year that the student is counted in the enrollment of | 16803 |
the community school for purposes of section 3314.08 of the | 16804 |
Revised Code. | 16805 |
(3) No child shall be counted as more than a total of one | 16806 |
child in the sum of the average daily memberships of a school | 16807 |
district under division (A), divisions (B)(1) to (12), or division | 16808 |
(D) of this section, except as follows: | 16809 |
(a) A child with a handicap described in section 3317.013 of | 16810 |
the Revised Code may be counted both in formula ADM and in | 16811 |
category one, two, three, four, five, or six special education ADM | 16812 |
and, if applicable, in category one or two vocational education | 16813 |
ADM. As provided in division (C) of section 3317.02 of the Revised | 16814 |
Code, such a child shall be counted in category one, two, three, | 16815 |
four, five, or six special education ADM in the same proportion | 16816 |
that the child is counted in formula ADM. | 16817 |
(b) A child enrolled in vocational education programs or | 16818 |
classes described in section 3317.014 of the Revised Code may be | 16819 |
counted both in formula ADM and category one or two vocational | 16820 |
education ADM and, if applicable, in category one, two, three, | 16821 |
four, five, or six special education ADM. Such a child shall be | 16822 |
counted in category one or two vocational education ADM in the | 16823 |
same proportion as the percentage of time that the child spends in | 16824 |
the vocational education programs or classes. | 16825 |
(4) Based on the information reported under this section, the | 16826 |
department of education shall determine the total student count, | 16827 |
as defined in section 3301.011 of the Revised Code, for each | 16828 |
school district. | 16829 |
(D)(1) The superintendent of each joint vocational school | 16830 |
district shall certify to the superintendent of public instruction | 16831 |
on or before the fifteenth day of October in each year for the | 16832 |
first full school week in October the formula ADM. Beginning in | 16833 |
fiscal year | 16834 |
the state superintendent the formula ADM for the | 16835 |
week in February. If a school operated by the joint vocational | 16836 |
school district is closed for one or more days during that week | 16837 |
due to hazardous weather conditions or other circumstances | 16838 |
described in the first paragraph of division (B) of section | 16839 |
3317.01 of the Revised Code, the superintendent may apply to the | 16840 |
superintendent of public instruction for a waiver, under which the | 16841 |
superintendent of public instruction may exempt the district | 16842 |
superintendent from certifying the formula ADM for that school for | 16843 |
that week and specify an alternate week for certifying the formula | 16844 |
ADM of that school. | 16845 |
The formula ADM, except as otherwise provided in this | 16846 |
division, shall consist of the average daily membership during | 16847 |
such week, on an FTE basis, of the number of students receiving | 16848 |
any educational services from the district, including students | 16849 |
enrolled in a community school established under Chapter 3314. of | 16850 |
the Revised Code who are attending the joint vocational district | 16851 |
under an agreement between the district board of education and the | 16852 |
governing authority of the community school and are entitled to | 16853 |
attend school in a city, local, or exempted village school | 16854 |
district whose territory is part of the territory of the joint | 16855 |
vocational district. | 16856 |
of the report submitted for the | 16857 |
the alternative week if specified by the superintendent of public | 16858 |
instruction, the superintendent of the joint vocational school | 16859 |
district may include the number of students reported under | 16860 |
division (D)(1) of this section for the first full week of the | 16861 |
preceding October but who since that week have received high | 16862 |
school diplomas. | 16863 |
The following categories of students shall not be included in | 16864 |
the determination made under division (D)(1) of this section: | 16865 |
(a) Students enrolled in adult education classes; | 16866 |
(b) Adjacent or other district joint vocational students | 16867 |
enrolled in the district under an open enrollment policy pursuant | 16868 |
to section 3313.98 of the Revised Code; | 16869 |
(c) Students receiving services in the district pursuant to a | 16870 |
compact, cooperative education agreement, or a contract, but who | 16871 |
are entitled to attend school in a city, local, or exempted | 16872 |
village school district whose territory is not part of the | 16873 |
territory of the joint vocational district; | 16874 |
(d) Students for whom tuition is payable pursuant to sections | 16875 |
3317.081 and 3323.141 of the Revised Code. | 16876 |
(2) To enable the department of education to obtain the data | 16877 |
needed to complete the calculation of payments pursuant to this | 16878 |
chapter, in addition to the formula ADM, each superintendent shall | 16879 |
report separately the average daily membership included in the | 16880 |
report under division (D)(1) of this section for each of the | 16881 |
following categories of students for the same week for which | 16882 |
formula ADM is certified: | 16883 |
(a) Students enrolled in each grade included in the joint | 16884 |
vocational district schools; | 16885 |
(b) Handicapped children receiving special education services | 16886 |
for the category one handicap described in division (A) of section | 16887 |
3317.013 of the Revised Code; | 16888 |
(c) Handicapped children receiving special education services | 16889 |
for the category two handicaps described in division (B) of | 16890 |
section 3317.013 of the Revised Code; | 16891 |
(d) Handicapped children receiving special education services | 16892 |
for category three handicaps described in division (C) of section | 16893 |
3317.013 of the Revised Code; | 16894 |
(e) Handicapped children receiving special education services | 16895 |
for category four handicaps described in division (D) of section | 16896 |
3317.013 of the Revised Code; | 16897 |
(f) Handicapped children receiving special education services | 16898 |
for the category five handicap described in division (E) of | 16899 |
section 3317.013 of the Revised Code; | 16900 |
(g) Handicapped children receiving special education services | 16901 |
for category six handicaps described in division (F) of section | 16902 |
3317.013 of the Revised Code; | 16903 |
(h) Students receiving category one vocational education | 16904 |
services, described in division (A) of section 3317.014 of the | 16905 |
Revised Code; | 16906 |
(i) Students receiving category two vocational education | 16907 |
services, described in division (B) of section 3317.014 of the | 16908 |
Revised Code. | 16909 |
The superintendent of each joint vocational school district | 16910 |
shall also indicate the city, local, or exempted village school | 16911 |
district in which each joint vocational district pupil is entitled | 16912 |
to attend school pursuant to section 3313.64 or 3313.65 of the | 16913 |
Revised Code. | 16914 |
(E) In each school of each city, local, exempted village, | 16915 |
joint vocational, and cooperative education school district there | 16916 |
shall be maintained a record of school membership, which record | 16917 |
shall accurately show, for each day the school is in session, the | 16918 |
actual membership enrolled in regular day classes. For the purpose | 16919 |
of determining average daily membership, the membership figure of | 16920 |
any school shall not include any pupils except those pupils | 16921 |
described by division (A) of this section. The record of | 16922 |
membership for each school shall be maintained in such manner that | 16923 |
no pupil shall be counted as in membership prior to the actual | 16924 |
date of entry in the school and also in such manner that where for | 16925 |
any cause a pupil permanently withdraws from the school that pupil | 16926 |
shall not be counted as in membership from and after the date of | 16927 |
such withdrawal. There shall not be included in the membership of | 16928 |
any school any of the following: | 16929 |
(1) Any pupil who has graduated from the twelfth grade of a | 16930 |
public or nonpublic high school; | 16931 |
(2) Any pupil who is not a resident of the state; | 16932 |
(3) Any pupil who was enrolled in the schools of the district | 16933 |
during the previous school year when tests were administered under | 16934 |
section 3301.0711 of the Revised Code but did not take one or more | 16935 |
of the tests required by that section and was not excused pursuant | 16936 |
to division (C)(1) or (3) of that section; | 16937 |
(4) Any pupil who has attained the age of twenty-two years, | 16938 |
except for veterans of the armed services whose attendance was | 16939 |
interrupted before completing the recognized twelve-year course of | 16940 |
the public schools by reason of induction or enlistment in the | 16941 |
armed forces and who apply for reenrollment in the public school | 16942 |
system of their residence not later than four years after | 16943 |
termination of war or their honorable discharge. | 16944 |
If, however, any veteran described by division (E)(4) of this | 16945 |
section elects to enroll in special courses organized for veterans | 16946 |
for whom tuition is paid under the provisions of federal laws, or | 16947 |
otherwise, that veteran shall not be included in average daily | 16948 |
membership. | 16949 |
Notwithstanding division (E)(3) of this section, the | 16950 |
membership of any school may include a pupil who did not take a | 16951 |
test required by section 3301.0711 of the Revised Code if the | 16952 |
superintendent of public instruction grants a waiver from the | 16953 |
requirement to take the test to the specific pupil and a parent is | 16954 |
not paying tuition for the pupil pursuant to section 3313.6410 of | 16955 |
the Revised Code. The superintendent may grant such a waiver only | 16956 |
for good cause in accordance with rules adopted by the state board | 16957 |
of education. | 16958 |
Except as provided in divisions (B)(2) and (F) of this | 16959 |
section, the average daily membership figure of any local, city, | 16960 |
exempted village, or joint vocational school district shall be | 16961 |
determined by dividing the figure representing the sum of the | 16962 |
number of pupils enrolled during each day the school of attendance | 16963 |
is actually open for instruction during the week for which the | 16964 |
formula ADM is being certified by the total number of days the | 16965 |
school was actually open for instruction during that week. For | 16966 |
purposes of state funding, "enrolled" persons are only those | 16967 |
pupils who are attending school, those who have attended school | 16968 |
during the current school year and are absent for authorized | 16969 |
reasons, and those handicapped children currently receiving home | 16970 |
instruction. | 16971 |
The average daily membership figure of any cooperative | 16972 |
education school district shall be determined in accordance with | 16973 |
rules adopted by the state board of education. | 16974 |
(F)(1) If the formula ADM for the first full school week in | 16975 |
February is at least three per cent greater than that certified | 16976 |
for the first full school week in the preceding October, the | 16977 |
superintendent of schools of any city, exempted village, or joint | 16978 |
vocational school district or educational service center shall | 16979 |
certify such increase to the superintendent of public instruction. | 16980 |
Such certification shall be submitted no later than the fifteenth | 16981 |
day of February. For the balance of the fiscal year, beginning | 16982 |
with the February payments, the superintendent of public | 16983 |
instruction shall use the increased formula ADM in calculating or | 16984 |
recalculating the amounts to be allocated in accordance with | 16985 |
section 3317.022 or 3317.16 of the Revised Code. In no event shall | 16986 |
the superintendent use an increased membership certified to the | 16987 |
superintendent after the fifteenth day of February. Division | 16988 |
(F)(1) of this section does not apply after fiscal year | 16989 |
(2) If on the first school day of April the total number of | 16990 |
classes or units for handicapped preschool children that are | 16991 |
eligible for approval under division (B) of section 3317.05 of the | 16992 |
Revised Code exceeds the number of units that have been approved | 16993 |
for the year under that division, the superintendent of schools of | 16994 |
any city, exempted village, or cooperative education school | 16995 |
district or educational service center shall make the | 16996 |
certifications required by this section for that day. If the | 16997 |
department determines additional units can be approved for the | 16998 |
fiscal year within any limitations set forth in the acts | 16999 |
appropriating moneys for the funding of such units, the department | 17000 |
shall approve additional units for the fiscal year on the basis of | 17001 |
such average daily membership. For each unit so approved, the | 17002 |
department shall pay an amount computed in the manner prescribed | 17003 |
in section 3317.052 or 3317.19 and section 3317.053 of the Revised | 17004 |
Code. | 17005 |
(3) If a student attending a community school under Chapter | 17006 |
3314. of the Revised Code is not included in the formula ADM | 17007 |
certified for the school district in which the student is entitled | 17008 |
to attend school under section 3313.64 or 3313.65 of the Revised | 17009 |
Code, the department of education shall adjust the formula ADM of | 17010 |
that school district to include the community school student in | 17011 |
accordance with division (C)(2) of this section, and shall | 17012 |
recalculate the school district's payments under this chapter for | 17013 |
the entire fiscal year on the basis of that adjusted formula ADM. | 17014 |
This requirement applies regardless of whether the student was | 17015 |
enrolled, as defined in division (E) of this section, in the | 17016 |
community school during the first full school week in October. | 17017 |
(G)(1)(a) The superintendent of an institution operating a | 17018 |
special education program pursuant to section 3323.091 of the | 17019 |
Revised Code shall, for the programs under such superintendent's | 17020 |
supervision, certify to the state board of education, in the | 17021 |
manner prescribed by the superintendent of public instruction, | 17022 |
both of the following: | 17023 |
(i) The average daily membership of all handicapped children | 17024 |
other than handicapped preschool children receiving services at | 17025 |
the institution for each category of handicap described in | 17026 |
divisions (A) to (F) of section 3317.013 of the Revised Code; | 17027 |
(ii) The average daily membership of all handicapped | 17028 |
preschool children in classes or programs approved annually by the | 17029 |
department of education for unit funding under section 3317.05 of | 17030 |
the Revised Code. | 17031 |
(b) The superintendent of an institution with vocational | 17032 |
education units approved under division (A) of section 3317.05 of | 17033 |
the Revised Code shall, for the units under the superintendent's | 17034 |
supervision, certify to the state board of education the average | 17035 |
daily membership in those units, in the manner prescribed by the | 17036 |
superintendent of public instruction. | 17037 |
(2) The superintendent of each county MR/DD board that | 17038 |
maintains special education classes under section 3317.20 of the | 17039 |
Revised Code or units approved pursuant to section 3317.05 of the | 17040 |
Revised Code shall do both of the following: | 17041 |
(a) Certify to the state board, in the manner prescribed by | 17042 |
the board, the average daily membership in classes under section | 17043 |
3317.20 of the Revised Code for each school district that has | 17044 |
placed children in the classes; | 17045 |
(b) Certify to the state board, in the manner prescribed by | 17046 |
the board, the number of all handicapped preschool children | 17047 |
enrolled as of the first day of December in classes eligible for | 17048 |
approval under division (B) of section 3317.05 of the Revised | 17049 |
Code, and the number of those classes. | 17050 |
(3)(a) If on the first school day of April the number of | 17051 |
classes or units maintained for handicapped preschool children by | 17052 |
the county MR/DD board that are eligible for approval under | 17053 |
division (B) of section 3317.05 of the Revised Code is greater | 17054 |
than the number of units approved for the year under that | 17055 |
division, the superintendent shall make the certification required | 17056 |
by this section for that day. | 17057 |
(b) If the department determines that additional classes or | 17058 |
units can be approved for the fiscal year within any limitations | 17059 |
set forth in the acts appropriating moneys for the funding of the | 17060 |
classes and units described in division (G)(3)(a) of this section, | 17061 |
the department shall approve and fund additional units for the | 17062 |
fiscal year on the basis of such average daily membership. For | 17063 |
each unit so approved, the department shall pay an amount computed | 17064 |
in the manner prescribed in sections 3317.052 and 3317.053 of the | 17065 |
Revised Code. | 17066 |
(H) Except as provided in division (I) of this section, when | 17067 |
any city, local, or exempted village school district provides | 17068 |
instruction for a nonresident pupil whose attendance is | 17069 |
unauthorized attendance as defined in section 3327.06 of the | 17070 |
Revised Code, that pupil's membership shall not be included in | 17071 |
that district's membership figure used in the calculation of that | 17072 |
district's formula ADM or included in the determination of any | 17073 |
unit approved for the district under section 3317.05 of the | 17074 |
Revised Code. The reporting official shall report separately the | 17075 |
average daily membership of all pupils whose attendance in the | 17076 |
district is unauthorized attendance, and the membership of each | 17077 |
such pupil shall be credited to the school district in which the | 17078 |
pupil is entitled to attend school under division (B) of section | 17079 |
3313.64 or section 3313.65 of the Revised Code as determined by | 17080 |
the department of education. | 17081 |
(I)(1) A city, local, exempted village, or joint vocational | 17082 |
school district admitting a scholarship student of a pilot project | 17083 |
district pursuant to division (C) of section 3313.976 of the | 17084 |
Revised Code may count such student in its average daily | 17085 |
membership. | 17086 |
(2) In any year for which funds are appropriated for pilot | 17087 |
project scholarship programs, a school district implementing a | 17088 |
state-sponsored pilot project scholarship program that year | 17089 |
pursuant to sections 3313.974 to 3313.979 of the Revised Code may | 17090 |
count in average daily membership: | 17091 |
(a) All children residing in the district and utilizing a | 17092 |
scholarship to attend kindergarten in any alternative school, as | 17093 |
defined in section 3313.974 of the Revised Code; | 17094 |
(b) All children who were enrolled in the district in the | 17095 |
preceding year who are utilizing a scholarship to attend any such | 17096 |
alternative school. | 17097 |
(J) The superintendent of each cooperative education school | 17098 |
district shall certify to the superintendent of public | 17099 |
instruction, in a manner prescribed by the state board of | 17100 |
education, the applicable average daily memberships for all | 17101 |
students in the cooperative education district, also indicating | 17102 |
the city, local, or exempted village district where each pupil is | 17103 |
entitled to attend school under section 3313.64 or 3313.65 of the | 17104 |
Revised Code. | 17105 |
Sec. 3317.051. (A)(1) Notwithstanding sections 3317.05 and | 17106 |
3317.11 of the Revised Code, a unit funded pursuant to division | 17107 |
17108 | |
of the Revised Code shall not be approved for state funding in one | 17109 |
school district, including any cooperative education school | 17110 |
district or any educational service center, to the extent that | 17111 |
such unit provides programs in or services to another district | 17112 |
which receives payment pursuant to section 3317.04 of the Revised | 17113 |
Code. | 17114 |
(2) Any city, local, exempted village, or cooperative | 17115 |
education school district or any educational service center may | 17116 |
combine partial unit eligibility for handicapped preschool | 17117 |
programs pursuant to section 3317.05 of the Revised Code, and such | 17118 |
combined partial units may be approved for state funding in one | 17119 |
school district or service center. | 17120 |
(B) After units have been initially approved for any fiscal | 17121 |
year under section 3317.05 of the Revised Code, no unit shall be | 17122 |
subsequently transferred from a school district or educational | 17123 |
service center to another city, exempted village, local, or | 17124 |
cooperative education school district or educational service | 17125 |
center or to an institution or county MR/DD board solely for the | 17126 |
purpose of reducing the financial obligations of the school | 17127 |
district in a fiscal year it receives payment pursuant to section | 17128 |
3317.04 of the Revised Code. | 17129 |
Sec. 3317.053. (A) As used in this section: | 17130 |
(1) "State share percentage" has the same meaning as in | 17131 |
section 3317.022 of the Revised Code. | 17132 |
(2) "Dollar amount" means the amount shown in the following | 17133 |
table for the corresponding type of unit: | 17134 |
TYPE OF UNIT | DOLLAR AMOUNT | 17135 | |||
Division (B) of section 3317.05 | 17136 | ||||
of the Revised Code | $8,334 | 17137 | |||
Division (C) of that section | $3,234 | 17138 | |||
Division (E) of that section | $5,550 | 17139 |
(3) "Average unit amount" means the amount shown in the | 17140 |
following table for the corresponding type of unit: | 17141 |
TYPE OF UNIT | AVERAGE UNIT AMOUNT | 17142 | |||
Division (B) of section 3317.05 | 17143 | ||||
of the Revised Code | $7,799 | 17144 | |||
Division (C) of that section | $2,966 | 17145 | |||
Division (E) of that section | $5,251 | 17146 |
(B) In the case of each unit described in division (B), (C), | 17147 |
or (E) of section 3317.05 of the Revised Code and allocated to a | 17148 |
city, local, or exempted village school district, the department | 17149 |
of education, in addition to the amounts specified in division | 17150 |
17151 | |
the Revised Code, shall pay a supplemental unit allowance equal to | 17152 |
the sum of the following amounts: | 17153 |
(1) An amount equal to 50% of the average unit amount for the | 17154 |
unit; | 17155 |
(2) An amount equal to the percentage of the dollar amount | 17156 |
for the unit that equals the district's state share percentage. | 17157 |
If, prior to the fifteenth day of May of a fiscal year, a | 17158 |
school district's aid computed under section 3317.022 of the | 17159 |
Revised Code is recomputed pursuant to section 3317.027 or | 17160 |
3317.028 of the Revised Code, the department shall also recompute | 17161 |
the district's entitlement to payment under this section utilizing | 17162 |
a new state share percentage. Such new state share percentage | 17163 |
shall be determined using the district's recomputed basic aid | 17164 |
amount pursuant to section 3317.027 or 3317.028 of the Revised | 17165 |
Code. During the last six months of the fiscal year, the | 17166 |
department shall pay the district a sum equal to one-half of the | 17167 |
recomputed payment in lieu of one-half the payment otherwise | 17168 |
calculated under this section. | 17169 |
(C)(1) In the case of each unit allocated to an institution | 17170 |
pursuant to division (A) of section 3317.05 of the Revised Code, | 17171 |
the department, in addition to the amount specified in section | 17172 |
3317.052 of the Revised Code, shall pay a supplemental unit | 17173 |
allowance of $7,227. | 17174 |
(2) In the case of each unit described in division (B) of | 17175 |
section 3317.05 of the Revised Code that is allocated to any | 17176 |
entity other than a city, exempted village, or local school | 17177 |
district, the department, in addition to the amount specified in | 17178 |
section 3317.052 of the Revised Code, shall pay a supplemental | 17179 |
unit allowance of $7,799. | 17180 |
(3) In the case of each unit described in division (C) of | 17181 |
section 3317.05 of the Revised Code and allocated to any entity | 17182 |
other than a city, exempted village, or local school district, the | 17183 |
department, in addition to the amounts specified in section | 17184 |
3317.052 of the Revised Code, shall pay a supplemental unit | 17185 |
allowance of $2,966. | 17186 |
(4) In the case of each unit described in division (E) of | 17187 |
section 3317.05 of the Revised Code and allocated to an | 17188 |
educational service center, the department, in addition to the | 17189 |
amounts specified
in division | 17190 |
Revised Code, shall pay a supplemental unit allowance of $5,251. | 17191 |
Sec. 3317.06. Moneys paid to school districts under division | 17192 |
17193 | |
the following independent and fully severable purposes: | 17194 |
(A) To purchase such secular textbooks or electronic | 17195 |
textbooks as have been approved by the superintendent of public | 17196 |
instruction for use in public schools in the state and to loan | 17197 |
such textbooks or electronic textbooks to pupils attending | 17198 |
nonpublic schools within the district or to their parents and to | 17199 |
hire clerical personnel to administer such lending program. Such | 17200 |
loans shall be based upon individual requests submitted by such | 17201 |
nonpublic school pupils or parents. Such requests shall be | 17202 |
submitted to the school district in which the nonpublic school is | 17203 |
located. Such individual requests for the loan of textbooks or | 17204 |
electronic textbooks shall, for administrative convenience, be | 17205 |
submitted by the nonpublic school pupil or the pupil's parent to | 17206 |
the nonpublic school, which shall prepare and submit collective | 17207 |
summaries of the individual requests to the school district. As | 17208 |
used in this section: | 17209 |
(1) "Textbook" means any book or book substitute that a pupil | 17210 |
uses as a consumable or nonconsumable text, text substitute, or | 17211 |
text supplement in a particular class or program in the school the | 17212 |
pupil regularly attends. | 17213 |
(2) "Electronic textbook" means computer software, | 17214 |
interactive videodisc, magnetic media, CD-ROM, computer | 17215 |
courseware, local and remote computer assisted instruction, | 17216 |
on-line service, electronic medium, or other means of conveying | 17217 |
information to the student or otherwise contributing to the | 17218 |
learning process through electronic means. | 17219 |
(B) To provide speech and hearing diagnostic services to | 17220 |
pupils attending nonpublic schools within the district. Such | 17221 |
service shall be provided in the nonpublic school attended by the | 17222 |
pupil receiving the service. | 17223 |
(C) To provide physician, nursing, dental, and optometric | 17224 |
services to pupils attending nonpublic schools within the | 17225 |
district. Such services shall be provided in the school attended | 17226 |
by the nonpublic school pupil receiving the service. | 17227 |
(D) To provide diagnostic psychological services to pupils | 17228 |
attending nonpublic schools within the district. Such services | 17229 |
shall be provided in the school attended by the pupil receiving | 17230 |
the service. | 17231 |
(E) To provide therapeutic psychological and speech and | 17232 |
hearing services to pupils attending nonpublic schools within the | 17233 |
district. Such services shall be provided in the public school, in | 17234 |
nonpublic schools, in public centers, or in mobile units located | 17235 |
on or off of the nonpublic premises. If such services are provided | 17236 |
in the public school or in public centers, transportation to and | 17237 |
from such facilities shall be provided by the school district in | 17238 |
which the nonpublic school is located. | 17239 |
(F) To provide guidance and counseling services to pupils | 17240 |
attending nonpublic schools within the district. Such services | 17241 |
shall be provided in the public school, in nonpublic schools, in | 17242 |
public centers, or in mobile units located on or off of the | 17243 |
nonpublic premises. If such services are provided in the public | 17244 |
school or in public centers, transportation to and from such | 17245 |
facilities shall be provided by the school district in which the | 17246 |
nonpublic school is located. | 17247 |
(G) To provide remedial services to pupils attending | 17248 |
nonpublic schools within the district. Such services shall be | 17249 |
provided in the public school, in nonpublic schools, in public | 17250 |
centers, or in mobile units located on or off of the nonpublic | 17251 |
premises. If such services are provided in the public school or in | 17252 |
public centers, transportation to and from such facilities shall | 17253 |
be provided by the school district in which the nonpublic school | 17254 |
is located. | 17255 |
(H) To supply for use by pupils attending nonpublic schools | 17256 |
within the district such standardized tests and scoring services | 17257 |
as are in use in the public schools of the state; | 17258 |
(I) To provide programs for children who attend nonpublic | 17259 |
schools within the district and are handicapped children as | 17260 |
defined in division (A) of section 3323.01 of the Revised Code or | 17261 |
gifted children. Such programs shall be provided in the public | 17262 |
school, in nonpublic schools, in public centers, or in mobile | 17263 |
units located on or off of the nonpublic premises. If such | 17264 |
programs are provided in the public school or in public centers, | 17265 |
transportation to and from such facilities shall be provided by | 17266 |
the school district in which the nonpublic school is located. | 17267 |
(J) To hire clerical personnel to assist in the | 17268 |
administration of programs pursuant to divisions (B), (C), (D), | 17269 |
(E), (F), (G), and (I) of this section and to hire supervisory | 17270 |
personnel to supervise the providing of services and textbooks | 17271 |
pursuant to this section. | 17272 |
(K) To purchase or lease any secular, neutral, and | 17273 |
nonideological computer software (including site-licensing), | 17274 |
prerecorded video laserdiscs, digital video on demand (DVD), | 17275 |
compact discs, and video cassette cartridges, wide area | 17276 |
connectivity and related technology as it relates to internet | 17277 |
access, mathematics or science equipment and materials, | 17278 |
instructional materials, and school library materials that are in | 17279 |
general use in the public schools of the state and loan such items | 17280 |
to pupils attending nonpublic schools within the district or to | 17281 |
their parents, and to hire clerical personnel to administer the | 17282 |
lending program. Only such items that are incapable of diversion | 17283 |
to religious use and that are susceptible of loan to individual | 17284 |
pupils and are furnished for the use of individual pupils shall be | 17285 |
purchased and loaned under this division. As used in this section, | 17286 |
"instructional materials" means prepared learning materials that | 17287 |
are secular, neutral, and nonideological in character and are of | 17288 |
benefit to the instruction of school children, and may include | 17289 |
educational resources and services developed by the eTech Ohio | 17290 |
commission. | 17291 |
(L) To purchase or lease instructional equipment, including | 17292 |
computer hardware and related equipment in general use in the | 17293 |
public schools of the state, for use by pupils attending nonpublic | 17294 |
schools within the district and to loan such items to pupils | 17295 |
attending nonpublic schools within the district or to their | 17296 |
parents, and to hire clerical personnel to administer the lending | 17297 |
program. | 17298 |
(M) To purchase mobile units to be used for the provision of | 17299 |
services pursuant to divisions (E), (F), (G), and (I) of this | 17300 |
section and to pay for necessary repairs and operating costs | 17301 |
associated with these units. | 17302 |
Clerical and supervisory personnel hired pursuant to division | 17303 |
(J) of this section shall perform their services in the public | 17304 |
schools, in nonpublic schools, public centers, or mobile units | 17305 |
where the services are provided to the nonpublic school pupil, | 17306 |
except that such personnel may accompany pupils to and from the | 17307 |
service sites when necessary to ensure the safety of the children | 17308 |
receiving the services. | 17309 |
All services provided pursuant to this section may be | 17310 |
provided under contract with educational service centers, the | 17311 |
department of health, city or general health districts, or private | 17312 |
agencies whose personnel are properly licensed by an appropriate | 17313 |
state board or agency. | 17314 |
Transportation of pupils provided pursuant to divisions (E), | 17315 |
(F), (G), and (I) of this section shall be provided by the school | 17316 |
district from its general funds and not from moneys paid to it | 17317 |
under division | 17318 |
unless a special transportation request is submitted by the parent | 17319 |
of the child receiving service pursuant to such divisions. If | 17320 |
such an application is presented to the school district, it may | 17321 |
pay for the transportation from moneys paid to it under division | 17322 |
17323 |
No school district shall provide health or remedial services | 17324 |
to nonpublic school pupils as authorized by this section unless | 17325 |
such services are available to pupils attending the public schools | 17326 |
within the district. | 17327 |
Materials, equipment, computer hardware or software, | 17328 |
textbooks, electronic textbooks, and health and remedial services | 17329 |
provided for the benefit of nonpublic school pupils pursuant to | 17330 |
this section and the admission of pupils to such nonpublic schools | 17331 |
shall be provided without distinction as to race, creed, color, or | 17332 |
national origin of such pupils or of their teachers. | 17333 |
No school district shall provide services, materials, or | 17334 |
equipment that contain religious content for use in religious | 17335 |
courses, devotional exercises, religious training, or any other | 17336 |
religious activity. | 17337 |
As used in this section, "parent" includes a person standing | 17338 |
in loco parentis to a child. | 17339 |
Notwithstanding section 3317.01 of the Revised Code, payments | 17340 |
shall be made under this section to any city, local, or exempted | 17341 |
village school district within which is located one or more | 17342 |
nonpublic elementary or high schools and any payments made to | 17343 |
school districts under division | 17344 |
Revised Code for purposes of this section may be disbursed without | 17345 |
submission to and approval of the controlling board. | 17346 |
The allocation of payments for materials, equipment, | 17347 |
textbooks, electronic textbooks, health services, and remedial | 17348 |
services to city, local, and exempted village school districts | 17349 |
shall be on the basis of the state board of education's estimated | 17350 |
annual average daily membership in nonpublic elementary and high | 17351 |
schools located in the district. | 17352 |
Payments made to city, local, and exempted village school | 17353 |
districts under this section shall be equal to specific | 17354 |
appropriations made for the purpose. All interest earned by a | 17355 |
school district on such payments shall be used by the district for | 17356 |
the same purposes and in the same manner as the payments may be | 17357 |
used. | 17358 |
The department of education shall adopt guidelines and | 17359 |
procedures under which such programs and services shall be | 17360 |
provided, under which districts shall be reimbursed for | 17361 |
administrative costs incurred in providing such programs and | 17362 |
services, and under which any unexpended balance of the amounts | 17363 |
appropriated by the general assembly to implement this section may | 17364 |
be transferred to the auxiliary services personnel unemployment | 17365 |
compensation fund established pursuant to section 4141.47 of the | 17366 |
Revised Code. The department shall also adopt guidelines and | 17367 |
procedures limiting the purchase and loan of the items described | 17368 |
in division (K) of this section to items that are in general use | 17369 |
in the public schools of the state, that are incapable of | 17370 |
diversion to religious use, and that are susceptible to individual | 17371 |
use rather than classroom use. Within thirty days after the end of | 17372 |
each biennium, each board of education shall remit to the | 17373 |
department
all moneys paid to it under division | 17374 |
3317.024 of the Revised Code and any interest earned on those | 17375 |
moneys that are not required to pay expenses incurred under this | 17376 |
section during the biennium for which the money was appropriated | 17377 |
and during which the interest was earned. If a board of education | 17378 |
subsequently determines that the remittal of moneys leaves the | 17379 |
board with insufficient money to pay all valid expenses incurred | 17380 |
under this section during the biennium for which the remitted | 17381 |
money was appropriated, the board may apply to the department of | 17382 |
education for a refund of money, not to exceed the amount of the | 17383 |
insufficiency. If the department determines the expenses were | 17384 |
lawfully incurred and would have been lawful expenditures of the | 17385 |
refunded money, it shall certify its determination and the amount | 17386 |
of the refund to be made to the director of job and family | 17387 |
services who shall make a refund as provided in section 4141.47 of | 17388 |
the Revised Code. | 17389 |
Sec. 3317.07. The state board of education shall establish | 17390 |
rules for the purpose of distributing subsidies for the purchase | 17391 |
of school buses under division | 17392 |
Revised Code. | 17393 |
No school bus subsidy payments shall be paid to any district | 17394 |
unless such district can demonstrate that pupils residing more | 17395 |
than one mile from the school could not be transported without | 17396 |
such additional aid. | 17397 |
The amount paid to a county MR/DD board for buses purchased | 17398 |
for transportation of children in special education programs | 17399 |
operated by the board shall be based on a per pupil allocation for | 17400 |
eligible students. | 17401 |
The amount paid to a school district for buses purchased for | 17402 |
transportation of handicapped and nonpublic school pupils shall be | 17403 |
determined by a per pupil allocation based on the number of | 17404 |
special education and nonpublic school pupils for whom | 17405 |
transportation is provided. | 17406 |
The state board of education shall adopt a formula to | 17407 |
determine the amount of payments that shall be distributed to | 17408 |
school districts to purchase school buses for pupils other than | 17409 |
handicapped or nonpublic school pupils. | 17410 |
If any district or MR/DD board obtains bus services for pupil | 17411 |
transportation pursuant to a contract, such district or board may | 17412 |
use payments received under this section to defray the costs of | 17413 |
contracting for bus services in lieu of for purchasing buses. | 17414 |
If the department of education determines that a county MR/DD | 17415 |
board no longer needs a school bus because the board no longer | 17416 |
transports children to a special education program operated by the | 17417 |
board, or if the department determines that a school district no | 17418 |
longer needs a school bus to transport pupils to a nonpublic | 17419 |
school or special education program, the department may reassign a | 17420 |
bus that was funded with payments provided pursuant to this | 17421 |
section for the purpose of transporting such pupils. The | 17422 |
department may reassign a bus to a county MR/DD board or school | 17423 |
district that transports children to a special education program | 17424 |
designated in the children's individualized education plans, or to | 17425 |
a school district that transports pupils to a nonpublic school, | 17426 |
and needs an additional school bus. | 17427 |
Sec. 3317.082. As used in this section, "institution" means | 17428 |
a residential facility that receives and cares for children | 17429 |
maintained by the department of youth services and that operates a | 17430 |
school chartered by the state board of education under section | 17431 |
3301.16 of the Revised Code. | 17432 |
(A) On or before the thirty-first day of each January and | 17433 |
July, the superintendent of each institution that during the | 17434 |
six-month period immediately preceding each January or July | 17435 |
provided an elementary or secondary education for any child, other | 17436 |
than a child receiving special education under section 3323.091 of | 17437 |
the Revised Code, shall prepare and submit to the department of | 17438 |
education, a statement for each such child indicating the child's | 17439 |
name, any school district responsible to pay tuition for the child | 17440 |
as determined by the superintendent in accordance with division | 17441 |
(C)(2) or (3) of section 3313.64 of the Revised Code, and the | 17442 |
period of time during that six-month period that the child | 17443 |
received an elementary or secondary education. If any school | 17444 |
district is responsible to pay tuition for any such child, the | 17445 |
department of education, no later than the immediately succeeding | 17446 |
last day of February or August, as applicable, shall calculate the | 17447 |
amount of the tuition of the district under section 3317.08 of the | 17448 |
Revised Code for the period of time indicated on the statement and | 17449 |
do one of the following: | 17450 |
(1) If the tuition amount is equal to or less than the amount | 17451 |
of state basic aid funds payable to the district under sections | 17452 |
3317.022 and 3317.023 of the Revised Code, pay to the institution | 17453 |
submitting the statement an amount equal to the tuition amount, as | 17454 |
provided under division | 17455 |
Code, and deduct the tuition amount from the state basic aid funds | 17456 |
payable to the district, as provided under division (F)(2) of | 17457 |
section 3317.023 of the Revised Code; | 17458 |
(2) If the tuition amount is greater than the amount of state | 17459 |
basic aid funds payable to the district under sections 3317.022 | 17460 |
and 3317.023 of the Revised Code, require the district to pay to | 17461 |
the institution submitting the statement an amount equal to the | 17462 |
tuition amount. | 17463 |
(B) In the case of any disagreement about the school district | 17464 |
responsible to pay tuition for a child pursuant to this section, | 17465 |
the superintendent of public instruction shall make the | 17466 |
determination in any such case in accordance with division (C)(2) | 17467 |
or (3) of section 3313.64 of the Revised Code. | 17468 |
Sec. 3317.11. (A) As used in this section: | 17469 |
(1) "Client school district" means a city or exempted village | 17470 |
school district that has entered into an agreement under section | 17471 |
3313.843 of the Revised Code to receive any services from an | 17472 |
educational service center. | 17473 |
(2) "Service center ADM" means the sum of the total student | 17474 |
counts of all local school districts within an educational service | 17475 |
center's territory and all of the service center's client school | 17476 |
districts. | 17477 |
(3) "Total student count" has the same meaning as in section | 17478 |
3301.011 of the Revised Code. | 17479 |
(B)(1) The governing board of each educational service center | 17480 |
shall provide supervisory services to each local school district | 17481 |
within the service center's territory. Each city or exempted | 17482 |
village school district that enters into an agreement under | 17483 |
section 3313.843 of the Revised Code for a governing board to | 17484 |
provide any services also is considered to be provided supervisory | 17485 |
services by the governing board. Except as provided in division | 17486 |
(B)(2) of this section, the supervisory services shall not exceed | 17487 |
one supervisory teacher for the first fifty classroom teachers | 17488 |
required to be employed in the districts, as calculated under | 17489 |
section 3317.023 of the Revised Code, and one for each additional | 17490 |
one hundred required classroom teachers, as so calculated. | 17491 |
The supervisory services shall be financed annually through | 17492 |
supervisory units. Except as provided in division (B)(2) of this | 17493 |
section, the number of supervisory units assigned to each district | 17494 |
shall not exceed one unit for the first fifty classroom teachers | 17495 |
required to be employed in the district, as calculated under | 17496 |
section 3317.023 of the Revised Code, and one for each additional | 17497 |
one hundred required classroom teachers, as so calculated. The | 17498 |
cost of each supervisory unit shall be the sum of: | 17499 |
(a) The minimum salary prescribed by section 3317.13 of the | 17500 |
Revised Code for the licensed supervisory employee of the | 17501 |
governing board; | 17502 |
(b) An amount equal to fifteen per cent of the salary | 17503 |
prescribed by section 3317.13 of the Revised Code; | 17504 |
(c) An allowance for necessary travel expenses, limited to | 17505 |
the lesser of two hundred twenty-three dollars and sixteen cents | 17506 |
per month or two thousand six hundred seventy-eight dollars per | 17507 |
year. | 17508 |
(2) If a majority of the boards of education, or | 17509 |
superintendents acting on behalf of the boards, of the local and | 17510 |
client school districts receiving services from the educational | 17511 |
service center agree to receive additional supervisory services | 17512 |
and to pay the cost of a corresponding number of supervisory units | 17513 |
in excess of the services and units specified in division (B)(1) | 17514 |
of this section, the service center shall provide the additional | 17515 |
services as agreed to by the majority of districts to, and the | 17516 |
department of education shall apportion the cost of the | 17517 |
corresponding number of additional supervisory units pursuant to | 17518 |
division (B)(3) of this section among, all of the service center's | 17519 |
local and client school districts. | 17520 |
(3) The department shall apportion the total cost for all | 17521 |
supervisory units among the service center's local and client | 17522 |
school districts based on each district's total student count. The | 17523 |
department shall deduct each district's apportioned share pursuant | 17524 |
to division (E) of section 3317.023 of the Revised Code and pay | 17525 |
the apportioned share to the service center. | 17526 |
(C) The department annually shall deduct from each local and | 17527 |
client school district of each educational service center, | 17528 |
pursuant to division (E) of section 3317.023 of the Revised Code, | 17529 |
and pay to the service center an amount equal to six dollars and | 17530 |
fifty cents times the school district's total student count. The | 17531 |
board of education, or the superintendent acting on behalf of the | 17532 |
board, of any local or client school district may agree to pay an | 17533 |
amount in excess of six dollars and fifty cents per student in | 17534 |
total student count. If a majority of the boards of education, or | 17535 |
superintendents acting on behalf of the boards, of the local | 17536 |
school districts within a service center's territory approve an | 17537 |
amount in excess of six dollars and fifty cents per student in | 17538 |
total student count, the department shall deduct the approved | 17539 |
excess per student amount from all of the local school districts | 17540 |
within the service center's territory and pay the excess amount to | 17541 |
the service center. | 17542 |
(D) The department shall pay each educational service center | 17543 |
the amounts due to it from school districts pursuant to contracts, | 17544 |
compacts, or agreements under which the service center furnishes | 17545 |
services to the districts or their students. In order to receive | 17546 |
payment under this division, an educational service center shall | 17547 |
furnish either a copy of the contract, compact, or agreement | 17548 |
clearly indicating the amounts of the payments, or a written | 17549 |
statement that clearly indicates the payments owed and is signed | 17550 |
by the superintendent or treasurer of the responsible school | 17551 |
district. The amounts paid to service centers under this division | 17552 |
shall be deducted from payments to school districts pursuant to | 17553 |
division (K)(3) of section 3317.023 of the Revised Code. | 17554 |
(E) Each school district's deduction under this section and | 17555 |
divisions (E) and (K)(3) of section 3317.023 of the Revised Code | 17556 |
shall be made from the total payment computed for the district | 17557 |
under this chapter, after making any other adjustments in that | 17558 |
payment required by law. | 17559 |
(F)(1) Except as provided in division (F)(2) of this section, | 17560 |
the department annually shall pay the governing board of each | 17561 |
educational service center state funds equal to thirty-seven | 17562 |
dollars times its service center ADM. | 17563 |
(2) The department annually shall pay state funds equal to | 17564 |
forty dollars and fifty-two cents times the service center ADM to | 17565 |
each educational service center comprising territory that was | 17566 |
included in the territory of at least three former service centers | 17567 |
or county school districts, which former centers or districts | 17568 |
engaged in one or more mergers under section 3311.053 of the | 17569 |
Revised Code to form the present center. | 17570 |
(G) Each city, exempted village, local, joint vocational, or | 17571 |
cooperative education school district shall pay to the governing | 17572 |
board of an educational service center any amounts agreed to for | 17573 |
each child enrolled in the district who receives special education | 17574 |
and related services or career-technical education from the | 17575 |
educational service center, unless these educational services are | 17576 |
provided pursuant to a contract, compact, or agreement for which | 17577 |
the department deducts and transfers payments under division (D) | 17578 |
of this section and division (K)(3) of section 3317.023 of the | 17579 |
Revised Code. | 17580 |
(H) An educational service center: | 17581 |
(1) May provide special education and career-technical | 17582 |
education to students in its local or client school districts; | 17583 |
(2) Is eligible for transportation funding under division | 17584 |
17585 | |
subsidies for the purchase of school buses under section 3317.07 | 17586 |
of the Revised Code; | 17587 |
(3) May apply for and receive gifted education units and | 17588 |
provide gifted education services to students in its local or | 17589 |
client school districts; | 17590 |
(4) May conduct driver education for high school students in | 17591 |
accordance with Chapter 4508. of the Revised Code. | 17592 |
Sec. 3317.19. (A) As used in this section, "total unit | 17593 |
allowance" means an amount equal to the sum of the following: | 17594 |
(1) The total of the salary allowances for the teachers | 17595 |
employed in the cooperative education school district for all | 17596 |
units approved under division (B) or (C) of section 3317.05 of the | 17597 |
Revised Code. The salary allowance for each unit shall equal the | 17598 |
minimum salary for the teacher of the unit calculated on the basis | 17599 |
of the teacher's training level and years of experience pursuant | 17600 |
to the salary schedule prescribed in the version of section | 17601 |
3317.13 of the Revised Code
in effect prior to
| 17602 |
17603 |
(2) Fifteen per cent of the total computed under division | 17604 |
(A)(1) of this section; | 17605 |
(3) The total of the unit operating allowances for all | 17606 |
approved units. The amount of each allowance shall equal one of | 17607 |
the following: | 17608 |
(a) Eight thousand twenty-three dollars times the number of | 17609 |
preschool handicapped units or fraction thereof approved for the | 17610 |
year under division (B) of section 3317.05 of the Revised Code; | 17611 |
(b) Two thousand one hundred thirty-two dollars times the | 17612 |
number of units or fraction thereof approved for the year under | 17613 |
division (C) of section 3317.05 of the Revised Code. | 17614 |
(B) The state board of education shall compute and distribute | 17615 |
to each cooperative education school district for each fiscal year | 17616 |
an amount equal to the sum of the following: | 17617 |
(1) An amount equal to the total of the amounts credited to | 17618 |
the cooperative education school district pursuant to division (K) | 17619 |
of section 3317.023 of the Revised Code; | 17620 |
(2) The total unit allowance; | 17621 |
(3) An amount for assisting in providing free lunches to | 17622 |
needy children and an amount for assisting needy school districts | 17623 |
in purchasing necessary equipment for food preparation pursuant to | 17624 |
division | 17625 |
(C) If a cooperative education school district has had | 17626 |
additional special education units approved for the year under | 17627 |
division (F)(2) of section 3317.03 of the Revised Code, the | 17628 |
district shall receive an additional amount during the last half | 17629 |
of the fiscal year. For each unit, the additional amount shall | 17630 |
equal fifty per cent of the amount computed under division (A) of | 17631 |
this section for a unit approved under division (B) of section | 17632 |
3317.05 of the Revised Code. | 17633 |
Sec. 3318.052. At any time after the electors of a school | 17634 |
district have approved either or both a property tax levied under | 17635 |
section 5705.21 or 5705.218 of the Revised Code for the purpose of | 17636 |
permanent improvements, including general permanent improvements, | 17637 |
or a school district income tax levied under Chapter 5748. of the | 17638 |
Revised Code, the proceeds of either of which, pursuant to the | 17639 |
ballot measures approved by the electors, are not so restricted | 17640 |
that they cannot be used to pay the costs of a project or | 17641 |
maintaining classroom facilities, the school district board may: | 17642 |
(A) Within one year following the date of the certification | 17643 |
of the conditional approval of the school district's classroom | 17644 |
facilities project by the Ohio school facilities commission, enter | 17645 |
into a written agreement with the commission, which may be part of | 17646 |
an agreement entered into under section 3318.08 of the Revised | 17647 |
Code, and in which the school district board covenants and agrees | 17648 |
to do one or both of the following: | 17649 |
(1) Apply a specified amount of available proceeds of that | 17650 |
property tax levy, of that school district income tax, or of | 17651 |
securities issued under this section, or of proceeds from any two | 17652 |
or more of those sources, to pay all or part of the district's | 17653 |
portion of the basic project cost of its classroom facilities | 17654 |
project; | 17655 |
(2) Apply available proceeds of either or both a property tax | 17656 |
levied under section 5705.21 or 5705.218 of the Revised Code in | 17657 |
effect for a continuing period of time, or of a school district | 17658 |
income tax levied under Chapter 5748. of the Revised Code in | 17659 |
effect for a continuing period of time to the payment of costs of | 17660 |
maintaining the classroom facilities. | 17661 |
(B) Receive, as a credit against the amount of bonds required | 17662 |
under sections 3318.05 and 3318.06 of the Revised Code, to be | 17663 |
approved by the electors of the district and issued by the | 17664 |
district board for the district's portion of the basic project | 17665 |
cost of its classroom facilities project in order for the district | 17666 |
to receive state assistance for the project, an amount equal to | 17667 |
the specified amount that the district board covenants and agrees | 17668 |
with the commission to apply as set forth in division (A)(1) of | 17669 |
this section; | 17670 |
(C) Receive, as a credit against the amount of the tax levy | 17671 |
required under sections 3318.05 and 3318.06 of the Revised Code, | 17672 |
to be approved by the electors of the district to pay the costs of | 17673 |
maintaining the classroom facilities in order to receive state | 17674 |
assistance for the classroom facilities project, an amount | 17675 |
equivalent to the specified amount of proceeds the school district | 17676 |
board covenants and agrees with the commission to apply as | 17677 |
referred to in division (A)(2) of this section; | 17678 |
(D) Apply proceeds of either or both a school district income | 17679 |
tax levied under Chapter 5748. of the Revised Code that may | 17680 |
lawfully be used to pay the costs of a classroom facilities | 17681 |
project or of a tax levied under section 5705.21 or 5705.218 of | 17682 |
the Revised Code to the payment of debt charges on and financing | 17683 |
costs related to securities issued under this section; | 17684 |
(E) Issue securities to provide moneys to pay all or part of | 17685 |
the district's portion of the basic project cost of its classroom | 17686 |
facilities project in accordance with an agreement entered into | 17687 |
under division (A) of this section. Securities issued under this | 17688 |
section shall be Chapter 133. securities and may be issued as | 17689 |
general obligation securities or issued in anticipation of a | 17690 |
school district income tax or as property tax anticipation notes | 17691 |
under section 133.24 of the Revised Code. The district board's | 17692 |
resolution authorizing the issuance and sale of general obligation | 17693 |
securities under this section shall conform to the applicable | 17694 |
requirements of section 133.22 or 133.23 of the Revised Code. | 17695 |
Securities issued under this section shall have principal payments | 17696 |
during each year after the year of issuance over a period of not | 17697 |
more than twenty-three years and, if so determined by the district | 17698 |
board, during the year of issuance. Securities issued under this | 17699 |
section shall not be included in the calculation of net | 17700 |
indebtedness of the district under section 133.06 of the Revised | 17701 |
Code and shall not count toward the limitations on unvoted | 17702 |
indebtedness specified in division (G) of that section and in | 17703 |
section 3313.372 of the Revised Code, if the resolution of the | 17704 |
district board authorizing their issuance and sale includes | 17705 |
covenants to appropriate annually from lawfully available proceeds | 17706 |
of a property tax levied under section 5705.21 or 5705.218 of the | 17707 |
Revised Code or of a school district income tax levied under | 17708 |
Chapter 5748. of the Revised Code and to continue to levy and | 17709 |
collect the tax in amounts necessary to pay the debt charges on | 17710 |
and financing costs related to the securities as they become due. | 17711 |
No property tax levied under section 5705.21 or 5705.218 of the | 17712 |
Revised Code and no school district income tax levied under | 17713 |
Chapter 5748. of the Revised Code that is pledged, or that the | 17714 |
school district board has covenanted to levy, collect, and | 17715 |
appropriate annually, to pay the debt charges on and financing | 17716 |
costs related to securities issued under this section shall be | 17717 |
repealed while those securities are outstanding. If such a tax is | 17718 |
reduced by the electors of the district or by the district board | 17719 |
while those securities are outstanding, the school district board | 17720 |
shall continue to levy and collect the tax under the authority of | 17721 |
the original election authorizing the tax at a rate in each year | 17722 |
that the board reasonably estimates will produce an amount in that | 17723 |
year equal to the debt charges on the securities in that year, | 17724 |
except that in the case of a school district income tax that | 17725 |
amount shall be rounded up to the nearest one-fourth of one per | 17726 |
cent. | 17727 |
No state moneys shall be released for a project to which this | 17728 |
section applies until the proceeds of the tax securities issued | 17729 |
under this section that are dedicated for the payment of the | 17730 |
district portion of the basic project cost of its classroom | 17731 |
facilities project are first deposited into the district's project | 17732 |
construction fund. | 17733 |
Sec. 3318.37. (A)(1) As used in this section: | 17734 |
(a) "Large land area school district" means a school district | 17735 |
with a territory of greater than three hundred square miles in any | 17736 |
percentile as determined under section 3318.011 of the Revised | 17737 |
Code. | 17738 |
(b) "Low wealth school district" means a school district in | 17739 |
the
first through | 17740 |
under section 3318.011 of the Revised Code. | 17741 |
(c) A "school district with an exceptional need for immediate | 17742 |
classroom facilities assistance" means a low wealth or large land | 17743 |
area school district with an exceptional need for new facilities | 17744 |
in order to protect the health and safety of all or a portion of | 17745 |
its students. | 17746 |
(2) No school district reasonably expected to be eligible for | 17747 |
state assistance under sections 3318.01 to 3318.20 of the Revised | 17748 |
Code within three fiscal years after the year of the application | 17749 |
for assistance under this section shall be eligible for | 17750 |
assistance under this section, unless the district's entire | 17751 |
classroom facilities plan consists of only a single building | 17752 |
designed to house grades kindergarten through twelve and the | 17753 |
district satisfies the conditions prescribed in divisions | 17754 |
(A)(3)(a) and (b) of this section. | 17755 |
(3) No school district that participates in the school | 17756 |
building assistance expedited local partnership program under | 17757 |
section 3318.36 of the Revised Code shall receive assistance under | 17758 |
the program established under this section unless the following | 17759 |
conditions are satisfied: | 17760 |
(a) The district board adopted a resolution certifying its | 17761 |
intent to participate in the school building assistance expedited | 17762 |
local partnership program under section 3318.36 of the Revised | 17763 |
Code prior to September 14, 2000. | 17764 |
(b) The district was selected by the Ohio school facilities | 17765 |
commission for participation in the school building assistance | 17766 |
expedited local partnership program under section 3318.36 of the | 17767 |
Revised Code in the manner prescribed by the commission under that | 17768 |
section as it existed prior to September 14, 2000. | 17769 |
(B)(1) There is hereby established the exceptional needs | 17770 |
school facilities assistance program. Under the program, the Ohio | 17771 |
school facilities commission may set aside from the moneys | 17772 |
annually appropriated to it for classroom facilities assistance | 17773 |
projects up to twenty-five per cent for assistance to school | 17774 |
districts with exceptional needs for immediate classroom | 17775 |
facilities assistance. | 17776 |
(2)(a) After consulting with education and construction | 17777 |
experts, the commission shall adopt guidelines for identifying | 17778 |
school districts with an exceptional need for immediate classroom | 17779 |
facilities assistance. | 17780 |
(b) The guidelines shall include application forms and | 17781 |
instructions for school districts to use in applying for | 17782 |
assistance under this section. | 17783 |
(3) The commission shall evaluate the classroom facilities, | 17784 |
and the need for replacement classroom facilities from the | 17785 |
applications received under this section. The commission, | 17786 |
utilizing the guidelines adopted under division (B)(2)(a) of this | 17787 |
section, shall prioritize the school districts to be assessed. | 17788 |
Notwithstanding section 3318.02 of the Revised Code, the | 17789 |
commission may conduct on-site evaluation of the school districts | 17790 |
prioritized under this section and approve and award funds until | 17791 |
such time as all funds set aside under division (B)(1) of this | 17792 |
section have been encumbered. However, the commission need not | 17793 |
conduct the evaluation of facilities if the commission determines | 17794 |
that a district's assessment conducted under section 3318.36 of | 17795 |
the Revised Code is sufficient for purposes of this section. | 17796 |
(4) Notwithstanding division (A) of section 3318.05 of the | 17797 |
Revised Code, the school district's portion of the basic project | 17798 |
cost under this section shall be the "required percentage of the | 17799 |
basic project costs," as defined in division (K) of section | 17800 |
3318.01 of the Revised Code. | 17801 |
(5) Except as otherwise specified in this section, any | 17802 |
project undertaken with assistance under this section shall comply | 17803 |
with all provisions of sections 3318.01 to 3318.20 of the Revised | 17804 |
Code. A school district may receive assistance under sections | 17805 |
3318.01 to 3318.20 of the Revised Code for the remainder of the | 17806 |
district's classroom facilities needs as assessed under this | 17807 |
section when the district is eligible for such assistance pursuant | 17808 |
to section 3318.02 of the Revised Code, but any classroom facility | 17809 |
constructed with assistance under this section shall not be | 17810 |
included in a district's project at that time unless the | 17811 |
commission determines the district has experienced the increased | 17812 |
enrollment specified in division (B)(1) of section 3318.04 of the | 17813 |
Revised Code. | 17814 |
(C) No school district shall receive assistance under this | 17815 |
section for a classroom facility that has been included in the | 17816 |
discrete part of the district's classroom facilities needs | 17817 |
identified and addressed in the district's project pursuant to an | 17818 |
agreement entered into under section 3318.36 of the Revised Code, | 17819 |
unless the district's entire classroom facilities plan consists of | 17820 |
only a single building designed to house grades kindergarten | 17821 |
through twelve. | 17822 |
Sec. 3319.17. (A) As used in this section, "interdistrict | 17823 |
contract" means any contract or agreement entered into by an | 17824 |
educational service center governing board and another board or | 17825 |
other public entity pursuant to section 3313.17, 3313.841, | 17826 |
3313.842, 3313.843, 3313.91, or 3323.08 of the Revised Code, | 17827 |
including any such contract or agreement for the provision of | 17828 |
services funded
under division | 17829 |
Revised Code or provided in any unit approved under section | 17830 |
3317.05 of the Revised Code. | 17831 |
(B) When, for any of the following reasons that apply to any | 17832 |
city, exempted village, local, or joint vocational school district | 17833 |
or any educational service center, the board decides that it will | 17834 |
be necessary to reduce the number of teachers it employs, it may | 17835 |
make a reasonable reduction: | 17836 |
(1) In the case of any district or service center, return to | 17837 |
duty of regular teachers after leaves of absence including leaves | 17838 |
provided pursuant to division (B) of section 3314.10 of the | 17839 |
Revised Code, suspension of schools, territorial changes | 17840 |
affecting the district or center, or financial reasons; | 17841 |
(2) In the case of any city, exempted village, local, or | 17842 |
joint vocational school district, decreased enrollment of pupils | 17843 |
in the district; | 17844 |
(3) In the case of any governing board of a service center | 17845 |
providing any particular service directly to pupils pursuant to | 17846 |
one or more interdistrict contracts requiring such service, | 17847 |
reduction in the total number of pupils the governing board is | 17848 |
required to provide with the service under all interdistrict | 17849 |
contracts as a result of the termination or nonrenewal of one or | 17850 |
more of these interdistrict contracts; | 17851 |
(4) In the case of any governing board providing any | 17852 |
particular service that it does not provide directly to pupils | 17853 |
pursuant to one or more interdistrict contracts requiring such | 17854 |
service, reduction in the total level of the service the governing | 17855 |
board is required to provide under all interdistrict contracts as | 17856 |
a result of the termination or nonrenewal of one or more of these | 17857 |
interdistrict contracts. | 17858 |
(C) In making any such reduction, any city, exempted village, | 17859 |
local, or joint vocational school board shall proceed to suspend | 17860 |
contracts in accordance with the recommendation of the | 17861 |
superintendent of schools who shall, within each teaching field | 17862 |
affected, give preference first to teachers on continuing | 17863 |
contracts and then to teachers who have greater seniority. In | 17864 |
making any such reduction, any governing board of a service center | 17865 |
shall proceed to suspend contracts in accordance with the | 17866 |
recommendation of the superintendent who shall, within each | 17867 |
teaching field or service area affected, give preference first to | 17868 |
teachers on continuing contracts and then to teachers who have | 17869 |
greater seniority. | 17870 |
On a case-by-case basis, in lieu of suspending a contract in | 17871 |
whole, a board may suspend a contract in part, so that an | 17872 |
individual is required to work a percentage of the time the | 17873 |
employee otherwise is required to work under the contract and | 17874 |
receives a commensurate percentage of the full compensation the | 17875 |
employee otherwise would receive under the contract. | 17876 |
The teachers whose continuing contracts are suspended by any | 17877 |
board pursuant to this section shall have the right of restoration | 17878 |
to continuing service status by that board in the order of | 17879 |
seniority of service in the district or service center if and when | 17880 |
teaching positions become vacant or are created for which any of | 17881 |
such teachers are or become qualified. No teacher whose continuing | 17882 |
contract has been suspended pursuant to this section shall lose | 17883 |
that right of restoration to continuing service status by reason | 17884 |
of having declined recall to a position that is less than | 17885 |
full-time or, if the teacher was not employed full-time just prior | 17886 |
to suspension of the teacher's continuing contract, to a position | 17887 |
requiring a lesser percentage of full-time employment than the | 17888 |
position the teacher last held while employed in the district or | 17889 |
service center. | 17890 |
(D) Notwithstanding any provision to the contrary in Chapter | 17891 |
4117. of the Revised Code, the requirements of this section | 17892 |
prevail over any conflicting provisions of agreements between | 17893 |
employee organizations and public employers entered into after | 17894 |
17895 |
Sec. 3323.091. (A) The department of mental health, the | 17896 |
department of mental retardation and developmental disabilities, | 17897 |
the department of youth services, and the department of | 17898 |
rehabilitation and correction shall establish and maintain special | 17899 |
education programs for handicapped children in institutions under | 17900 |
their jurisdiction according to standards adopted by the state | 17901 |
board of education. | 17902 |
(B) The superintendent of each state institution required to | 17903 |
provide services under division (A) of this section, and each | 17904 |
county MR/DD board, providing special education for handicapped | 17905 |
preschool children under this chapter may apply to the state | 17906 |
department of education for unit funding, which shall be paid in | 17907 |
accordance with sections 3317.052 and 3317.053 of the Revised | 17908 |
Code. | 17909 |
The superintendent of each state institution required to | 17910 |
provide services under division (A) of this section may apply to | 17911 |
the department of education for special education and related | 17912 |
services weighted funding for handicapped children other than | 17913 |
handicapped preschool children, calculated in accordance with | 17914 |
section 3317.201 of the Revised Code. | 17915 |
Each county MR/DD board providing special education for | 17916 |
handicapped children other than handicapped preschool children may | 17917 |
apply to the department of education for base cost and special | 17918 |
education and related services weighted funding calculated in | 17919 |
accordance with section 3317.20 of the Revised Code. | 17920 |
(C) In addition to the authorization to apply for state | 17921 |
funding described in division (B) of this section, each state | 17922 |
institution required to provide services under division (A) of | 17923 |
this section is entitled to tuition payments calculated in the | 17924 |
manner described in division (C) of this section. | 17925 |
On or before the thirtieth day of June of each year, the | 17926 |
superintendent of each institution that during the school year | 17927 |
provided special education pursuant to this section shall prepare | 17928 |
a statement for each handicapped child under twenty-two years of | 17929 |
age who has received special education. The statement shall | 17930 |
contain the child's | 17931 |
to division (D)(2) of section 3301.0714 of the Revised Code and | 17932 |
the name of the child's school district of residence. Within sixty | 17933 |
days after receipt of such statement, the department of education | 17934 |
shall perform one of the following: | 17935 |
(1) For any child except a handicapped preschool child | 17936 |
described in division (C)(2) of this section, pay to the | 17937 |
institution submitting the statement an amount equal to the | 17938 |
tuition calculated under division (A) of section 3317.08 of the | 17939 |
Revised Code for the period covered by the statement, and deduct | 17940 |
the same from the amount of state funds, if any, payable under | 17941 |
sections 3317.022 and 3317.023 of the Revised Code, to the child's | 17942 |
school district of residence or, if the amount of such state funds | 17943 |
is insufficient, require the child's school district of residence | 17944 |
to pay the institution submitting the statement an amount equal to | 17945 |
the amount determined under this division. | 17946 |
(2) For any handicapped preschool child not included in a | 17947 |
unit approved under division (B) of section 3317.05 of the Revised | 17948 |
Code, perform the following: | 17949 |
(a) Pay to the institution submitting the statement an amount | 17950 |
equal to the tuition calculated under division (B) of section | 17951 |
3317.08 of the Revised Code for the period covered by the | 17952 |
statement, except that in calculating the tuition under that | 17953 |
section the operating expenses of the institution submitting the | 17954 |
statement under this section shall be used instead of the | 17955 |
operating expenses of the school district of residence; | 17956 |
(b) Deduct from the amount of state funds, if any, payable | 17957 |
under sections 3317.022 and 3317.023 of the Revised Code to the | 17958 |
child's school district of residence an amount equal to the amount | 17959 |
paid under division (C)(2)(a) of this section. | 17960 |
Sec. 3323.13. (A) If a child who is a school resident of one | 17961 |
school district receives special education from another district, | 17962 |
the board of education of the district providing the education, | 17963 |
subject to division (C) of this section, may require the payment | 17964 |
by the board of education of the district of residence of a sum | 17965 |
not to exceed one of the following, as applicable: | 17966 |
| 17967 |
described in division | 17968 |
the district providing the education for a child of normal needs | 17969 |
of the same school grade. The determination of the amount of such | 17970 |
tuition shall be in the manner provided for by division (A) of | 17971 |
section 3317.08 of the Revised Code. | 17972 |
| 17973 |
unit approved under division (B) of section 3317.05 of the Revised | 17974 |
Code, the tuition of the district providing the education for the | 17975 |
child as calculated under division (B) of section 3317.08 of the | 17976 |
Revised Code. | 17977 |
(B) The board of the district of residence may contract with | 17978 |
the board of another district for the transportation of such child | 17979 |
into any school in such other district, on terms agreed upon by | 17980 |
such boards. Upon direction of the state board of education, the | 17981 |
board of the district of residence shall pay for the child's | 17982 |
transportation and the tuition. | 17983 |
(C) The board of education of a district providing the | 17984 |
education for a child shall be entitled to require payment from | 17985 |
the district of residence under this section or section 3323.14 of | 17986 |
the Revised Code only if the district providing the education has | 17987 |
done at least one of the following: | 17988 |
(1) Invited the district of residence to send representatives | 17989 |
to attend the meetings of the team developing the child's | 17990 |
individualized education program; | 17991 |
(2) Received from the district of residence a copy of the | 17992 |
individualized education program or a multi-factored evaluation | 17993 |
developed for the child by the district of residence; | 17994 |
(3) Informed the district of residence in writing that the | 17995 |
district is providing the education for the child. | 17996 |
As used in division (C)(2) of this section, "multi-factored | 17997 |
evaluation" means an evaluation, conducted by a multi-disciplinary | 17998 |
team, of more than one area of the child's functioning so that no | 17999 |
single procedure shall be the sole criterion for determining an | 18000 |
appropriate educational program placement for the child. | 18001 |
Sec. 3323.143. If a handicapped child's custodial parent has | 18002 |
made a unilateral placement of the child, the parent shall be | 18003 |
responsible for payment of tuition to the program or facility the | 18004 |
child is attending as a result of that placement as long as the | 18005 |
district of residence has offered a free appropriate public | 18006 |
education to that child. As used in this section, "unilateral | 18007 |
placement" means withdrawing a handicapped child from a program or | 18008 |
facility operated by the district of residence or from a program | 18009 |
or facility with which the district of residence has arranged for | 18010 |
education of the child and instead enrolling that child in another | 18011 |
program or facility that is not a home, as defined in section | 18012 |
3313.64 of the Revised Code, or that is not a facility or program | 18013 |
available to the child pursuant to an open enrollment policy under | 18014 |
section 3313.98 or 3313.983 of the Revised Code. | 18015 |
Sec. 3323.20. On July 1, 2006, and on each first day of July | 18016 |
thereafter, the department of education shall electronically | 18017 |
report to the general assembly the number of handicapped preschool | 18018 |
children who received services for which the department made a | 18019 |
payment to any provider during the previous fiscal year, | 18020 |
disaggregated according to each | 18021 |
18022 | |
18023 | |
18024 | |
deficiency identified by the department for the evaluation of such | 18025 |
children. | 18026 |
Sec. 3325.12. Money deposited with the superintendent of the | 18027 |
state school for the blind and the superintendent of the state | 18028 |
school for the deaf by parents, relatives, guardians, and friends | 18029 |
for the special benefit of any pupil shall remain in the hands of | 18030 |
the respective superintendent for use accordingly. Each | 18031 |
superintendent shall deposit the money into one or more personal | 18032 |
deposit funds. Each superintendent shall keep itemized book | 18033 |
accounts of the receipt and disposition of the money, which books | 18034 |
shall be open at all times to the inspection of the superintendent | 18035 |
of public instruction. The superintendent of the state school for | 18036 |
the blind and the superintendent of the state school for the deaf | 18037 |
each shall adopt rules governing the deposit, transfer, | 18038 |
withdrawal, or investment of the money and the investment earnings | 18039 |
of the money. | 18040 |
Whenever a pupil ceases to be enrolled in the state school | 18041 |
for the blind or the state school for the deaf, if personal money | 18042 |
of the pupil remains in the hands of the respective superintendent | 18043 |
and no demand is made upon the superintendent by the pupil or the | 18044 |
pupil's parent or guardian, the superintendent shall hold the | 18045 |
money in a personal deposit fund for a period of at least one | 18046 |
year. During that time, the superintendent shall make every effort | 18047 |
possible to locate the pupil or the pupil's parent or guardian. | 18048 |
If, at the end of this period, no demand has been made for the | 18049 |
money held by the state school for the blind, the superintendent | 18050 |
of the state school for the blind shall dispose of the money by | 18051 |
transferring it to the state school for the blind student activity | 18052 |
and work-study fund established by section 3325.11 of the Revised | 18053 |
Code. If at the end of this period, no demand has been made for | 18054 |
the money held by the state school for the deaf, the | 18055 |
superintendent of the state school for the deaf shall dispose of | 18056 |
the money by transferring it to the state school for the deaf | 18057 |
educational program expenses fund established by section 3325.16 | 18058 |
of the Revised Code. | 18059 |
Sec. 3345.05. (A) All registration fees, nonresident tuition | 18060 |
fees, academic fees for the support of off-campus instruction, | 18061 |
laboratory and course fees when so assessed and collected, student | 18062 |
health fees for the support of a student health service, all other | 18063 |
fees, deposits, charges, receipts, and income from all or part of | 18064 |
the students, all subsidy or other payments from state | 18065 |
appropriations, and all other fees, deposits, charges, receipts, | 18066 |
and income received by each | 18067 |
state institution of higher education, as defined in section | 18068 |
3345.011 of the Revised Code, the Ohio state university hospitals | 18069 |
and their ancillary facilities, the Ohio agricultural research and | 18070 |
development center, and the Ohio state university cooperative | 18071 |
extension service shall be held and administered by the respective | 18072 |
boards
of trustees of
the | 18073 |
18074 | |
such fees, deposits, charges, receipts, and income, to the extent | 18075 |
required by resolutions, trust agreements, indentures, leases, and | 18076 |
agreements adopted, made, or entered into under Chapter 154. or | 18077 |
section 3345.07, 3345.11, or 3345.12 of the Revised Code, shall be | 18078 |
held, administered, transferred, and applied in accordance | 18079 |
therewith. | 18080 |
(B) The Ohio board of regents shall require annual reporting | 18081 |
by the Ohio agricultural research and development center and by | 18082 |
each
| 18083 |
receiving state aid in such form and detail as determined by the | 18084 |
board in consultation with such
center, | 18085 |
institutions, and the director of budget and management. | 18086 |
(C) Notwithstanding any provision of the Revised Code to the | 18087 |
contrary, the title to investments made by the board of trustees | 18088 |
of a | 18089 |
higher education with funds derived from revenues described in | 18090 |
division (A) of this section shall not be vested in the state but | 18091 |
shall be held in trust by the board. Such investments shall be | 18092 |
made pursuant to an investment policy adopted by the board in | 18093 |
public session that requires all fiduciaries to discharge their | 18094 |
duties with the care, skill, prudence, and diligence under the | 18095 |
circumstances then prevailing that a prudent person acting in like | 18096 |
capacity and familiar with such matters would use in the conduct | 18097 |
of an enterprise of a like character and with like aims. The | 18098 |
policy also shall require at least the following: | 18099 |
(1) A stipulation that investment be made only in publicly | 18100 |
traded securities averaging at least twenty-five per cent of the | 18101 |
average amount of the investment portfolio over the course of the | 18102 |
previous fiscal year invested in securities of the United States | 18103 |
government or of its agencies or instrumentalities, the treasurer | 18104 |
of state's pooled investment program, obligations of this state or | 18105 |
any political subdivision of this state, certificates of deposit | 18106 |
of any national bank located in this state, written repurchase | 18107 |
agreements with any eligible Ohio financial institution that is a | 18108 |
member of the federal reserve system or federal home loan bank, | 18109 |
money market funds, or bankers acceptances maturing in two hundred | 18110 |
seventy days or less which are eligible for purchase by the | 18111 |
federal reserve system, as a reserve; | 18112 |
(2) The establishment of an investment committee. | 18113 |
(D) The investment committee established under division | 18114 |
(C)(2) of this section shall meet at least quarterly. The | 18115 |
committee shall review and recommend revisions to the board's | 18116 |
investment policy and shall advise the board on its investments | 18117 |
made under division (C) of this section in an effort to assist it | 18118 |
in meeting its obligations as a fiduciary as described in division | 18119 |
(C) of this section. The committee shall be authorized to retain | 18120 |
the services of an investment advisor who meets both of the | 18121 |
following qualifications: | 18122 |
(1) The advisor is either: | 18123 |
(a) Licensed by the division of securities under section | 18124 |
1707.141 of the Revised Code; | 18125 |
(b) Registered with the securities and exchange commission. | 18126 |
(2) The advisor either: | 18127 |
(a) Has experience in the management of investments of public | 18128 |
funds, especially in the investment of state-government investment | 18129 |
portfolios; | 18130 |
(b) Is an eligible institution referenced in section 135.03 | 18131 |
of the Revised Code. | 18132 |
Sec. 3353.02. (A) There is hereby created the eTech Ohio | 18133 |
commission as an independent agency to advance education and | 18134 |
accelerate the learning of the citizens of this state through | 18135 |
technology. The commission shall provide leadership and support in | 18136 |
extending the knowledge of the citizens of this state by promoting | 18137 |
access to and use of all forms of educational technology, | 18138 |
including educational television and radio, radio reading | 18139 |
services, broadband networks, videotapes, compact discs, digital | 18140 |
video on demand (DVD), and the internet. The commission also shall | 18141 |
administer programs to provide financial and other assistance to | 18142 |
school districts and other educational institutions for the | 18143 |
acquisition and utilization of educational technology. | 18144 |
The commission is a body corporate and politic, an agency of | 18145 |
the state performing essential governmental functions of the | 18146 |
state. | 18147 |
(B) The commission shall consist of thirteen members, nine of | 18148 |
whom shall be voting members. Six of the voting members shall be | 18149 |
representatives of the public. Of the representatives of the | 18150 |
public, four shall be appointed by the governor with the advice | 18151 |
and consent of the senate, one shall be appointed by the speaker | 18152 |
of the house of representatives, and one shall be appointed by the | 18153 |
president of the senate. The superintendent of public instruction | 18154 |
or a designee of the superintendent, the chancellor of the Ohio | 18155 |
board of regents or a designee of the chancellor, and the director | 18156 |
of | 18157 |
a designee of the director shall be ex officio voting members. Of | 18158 |
the nonvoting members, two shall be members of the house of | 18159 |
representatives appointed by the speaker of the house of | 18160 |
representatives and two shall be members of the senate appointed | 18161 |
by the president of the senate. The members appointed from each | 18162 |
chamber shall not be members of the same political party. | 18163 |
(C) Initial terms of office for members appointed by the | 18164 |
governor shall be one year for one member, two years for one | 18165 |
member, three years for one member, and four years for one member. | 18166 |
At the first meeting of the commission, members appointed by the | 18167 |
governor shall draw lots to determine the length of the term each | 18168 |
member will serve. Thereafter, terms of office for members | 18169 |
appointed by the governor shall be for four years. Terms of office | 18170 |
for voting members appointed by the speaker of the house of | 18171 |
representatives and the president of the senate shall be for four | 18172 |
years. Any member who is a representative of the public may be | 18173 |
reappointed by the member's respective appointing authority, but | 18174 |
no such member may serve more than two consecutive four-year | 18175 |
terms. Such a member may be removed by the member's respective | 18176 |
appointing authority for cause. | 18177 |
Any legislative member appointed by the speaker of the house | 18178 |
of representatives or the president of the senate who ceases to be | 18179 |
a member of the legislative chamber from which the member was | 18180 |
appointed shall cease to be a member of the commission. The | 18181 |
speaker of the house of representatives and the president of the | 18182 |
senate may remove their respective appointments to the commission | 18183 |
at any time. | 18184 |
(D) Vacancies among appointed members shall be filled in the | 18185 |
manner provided for original appointments. Any member appointed to | 18186 |
fill a vacancy occurring prior to the expiration of the term for | 18187 |
which the member's predecessor was appointed shall hold office for | 18188 |
the remainder of that term. Any appointed member shall continue in | 18189 |
office subsequent to the expiration of that member's term until | 18190 |
the member's successor takes office or until a period of sixty | 18191 |
days has elapsed, whichever occurs first. | 18192 |
(E) Members of the commission shall serve without | 18193 |
compensation. The members who are representatives of the public | 18194 |
shall be reimbursed, pursuant to office of budget and management | 18195 |
guidelines, for actual and necessary expenses incurred in the | 18196 |
performance of official duties. | 18197 |
(F) The governor shall appoint the chairperson of the | 18198 |
commission from among the commission's voting members. The | 18199 |
chairperson shall serve a term of two years and may be | 18200 |
reappointed. The commission shall elect other officers as | 18201 |
necessary from among its voting members and shall prescribe its | 18202 |
rules of procedure. | 18203 |
(G) The commission shall establish advisory groups as needed | 18204 |
to address topics of interest and to provide guidance to the | 18205 |
commission regarding educational technology issues and the | 18206 |
technology needs of educators, learners, and the public. Members | 18207 |
of each advisory group shall be appointed by the commission and | 18208 |
shall include representatives of individuals or organizations with | 18209 |
an interest in the topic addressed by the advisory group. | 18210 |
Sec. 3354.10. (A) All funds under the control of a board of | 18211 |
trustees of a community college district, regardless of the source | 18212 |
thereof, may be deposited by such board to its credit in banks or | 18213 |
trust companies designated by it. Such banks or trust companies | 18214 |
shall furnish security for every such deposit to the extent and in | 18215 |
the manner provided in section 135.18 of the Revised Code, but no | 18216 |
such deposit shall otherwise be subject to sections 135.01 to | 18217 |
135.21 of the Revised Code. Thereupon, such funds may be disbursed | 18218 |
by the board of trustees for the uses and purposes of such | 18219 |
district. No contract of the board involving the expenditure of | 18220 |
money shall become effective until there is placed thereon by the | 18221 |
treasurer as fiscal officer of the district the certificate | 18222 |
provided for by section 5705.41 of the Revised Code. | 18223 |
(B) The board of trustees of a community college district may | 18224 |
18225 | |
18226 | |
18227 | |
18228 | |
18229 | |
18230 | |
18231 | |
18232 | |
18233 | |
18234 | |
18235 | |
18236 | |
18237 | |
18238 | |
18239 | |
according to the provisions of section 3345.05 of the Revised | 18240 |
Code. | 18241 |
(C) Any community college district is subject to audit by the | 18242 |
auditor of state, who shall furnish to the county or counties | 18243 |
which created the district a copy of the audit report. | 18244 |
Sec. 3355.07. The board of trustees of a university branch | 18245 |
district may | 18246 |
18247 | |
18248 | |
18249 | |
18250 | |
18251 | |
18252 | |
18253 | |
18254 | |
18255 | |
18256 | |
18257 | |
18258 | |
18259 | |
18260 | |
funds according to the provisions of section 3345.05 of the | 18261 |
Revised Code. | 18262 |
The managing authority of the university branch district may | 18263 |
select a depository for the funds of a district, in the manner | 18264 |
provided in sections 135.01 to 135.21, inclusive, of the Revised | 18265 |
Code, upon the adoption of a resolution declaring such intent, | 18266 |
which resolution shall be certified to the board of county | 18267 |
commissioners and to the treasurer in the counties in which such | 18268 |
district is located. In such event the board of trustees shall | 18269 |
thereupon become the governing board for such district with | 18270 |
respect to the deposit of funds of such district. | 18271 |
Sec. 3357.10. (A) The board of trustees of a technical | 18272 |
college district shall elect a treasurer, who is not a member of | 18273 |
the board, to serve at its pleasure. The treasurer may be the | 18274 |
person serving as secretary under section 3357.06 of the Revised | 18275 |
Code. The treasurer shall be the fiscal officer of the district | 18276 |
and shall receive and disburse all funds of the district under the | 18277 |
direction of the board. No contract of the board involving the | 18278 |
expenditure of money shall become effective until the treasurer | 18279 |
certifies that there are funds of the board otherwise | 18280 |
unappropriated sufficient to provide therefor. | 18281 |
When the treasurer of the district ceases to hold such | 18282 |
office, the treasurer or the treasurer's legal representatives | 18283 |
shall deliver to the board or to the treasurer's successor all | 18284 |
moneys, books, papers, and other property of the district in the | 18285 |
treasurer's possession as treasurer. In case of the death or | 18286 |
incapacity of the treasurer, the treasurer's legal representatives | 18287 |
shall, in like manner, deliver all moneys, books, papers, and | 18288 |
other property of the district to the board or to the person named | 18289 |
as the treasurer's successor. | 18290 |
(B) All funds under the control of a board of trustees of a | 18291 |
technical college district, regardless of the source of the funds, | 18292 |
may be deposited by the board to its credit in banks or trust | 18293 |
companies designated by it. The banks or trust companies shall | 18294 |
furnish security for every deposit to the extent and in the manner | 18295 |
provided in section 135.18 of the Revised Code, but no deposit | 18296 |
shall otherwise be subject to sections 135.01 to 135.21 of the | 18297 |
Revised Code. Funds deposited in a bank or trust company may be | 18298 |
disbursed by the board of trustees for the uses and purposes of | 18299 |
the district. | 18300 |
(C) The board may provide for the investment of district | 18301 |
funds according to the provisions of section 3345.05 of the | 18302 |
Revised Code. | 18303 |
Sec. 3358.06. (A) The treasurer of each state community | 18304 |
college district shall be its fiscal officer, and | 18305 |
shall receive and disburse all funds under the direction of the | 18306 |
college president. No contract of the college's board of trustees | 18307 |
involving the expenditure of money shall become effective until | 18308 |
the treasurer certifies that there are funds of the board | 18309 |
otherwise uncommitted and sufficient to provide therefor. | 18310 |
When the treasurer ceases to hold the office, | 18311 |
treasurer
or | 18312 |
deliver to | 18313 |
moneys, books, papers, and other property of the college. | 18314 |
Before entering upon the discharge of | 18315 |
the treasurer shall give bond to the state for the faithful | 18316 |
performance of | 18317 |
all
moneys coming into | 18318 |
bond shall be determined by the board but shall not be for a sum | 18319 |
less than the
estimated amount that may come into | 18320 |
treasurer's control at any time. The bond shall be approved by the | 18321 |
attorney general. | 18322 |
(B) The board of trustees may provide for the investment of | 18323 |
district funds according to the provisions of section 3345.05 of | 18324 |
the Revised Code. | 18325 |
Sec. 3365.02. There is hereby established the post-secondary | 18326 |
enrollment options program under which a secondary grade student | 18327 |
who is a resident of this state may enroll at a college, on a | 18328 |
full- or part-time basis, and complete nonsectarian courses for | 18329 |
high school and college credit. | 18330 |
Secondary grade students in a nonpublic school may | 18331 |
participate in the post-secondary enrollment options program if | 18332 |
the chief administrator of such school notifies the department of | 18333 |
education by the first day of April prior to the school year in | 18334 |
which the school's students will participate. | 18335 |
The state board of education, after consulting with the board | 18336 |
of regents, shall adopt rules governing the program. The rules | 18337 |
shall include: | 18338 |
(A) Requirements for school districts, community schools, or | 18339 |
participating nonpublic schools to provide information about the | 18340 |
program prior to the first day of March of each year to all | 18341 |
students enrolled in grades eight through eleven; | 18342 |
(B) A requirement that a student or the student's parent | 18343 |
inform the district board of education, the governing authority of | 18344 |
a community school, or the nonpublic school administrator by the | 18345 |
thirtieth day of March of the student's intent to participate in | 18346 |
the program during the following school year. The rule shall | 18347 |
provide that any student who fails to notify a district board, the | 18348 |
governing authority of a community school, or the nonpublic school | 18349 |
administrator by the required date may not participate in the | 18350 |
program during the following school year without the written | 18351 |
consent of the district superintendent, the governing authority of | 18352 |
a community school, or the nonpublic school administrator. | 18353 |
(C) Requirements that school districts and community schools | 18354 |
provide counseling services to students in grades eight through | 18355 |
eleven and to their parents before the students participate in the | 18356 |
program under this chapter to ensure that students and parents are | 18357 |
fully aware of the possible risks and consequences of | 18358 |
participation. Counseling information shall include without | 18359 |
limitation: | 18360 |
(1) Program eligibility; | 18361 |
(2) The process for granting academic credits; | 18362 |
(3) Financial arrangements for tuition, books, materials, and | 18363 |
fees; | 18364 |
(4) Criteria for any transportation aid; | 18365 |
(5) Available support services; | 18366 |
(6) Scheduling; | 18367 |
(7) The consequences of failing or not completing a course in | 18368 |
which the student enrolls and the effect of the grade attained in | 18369 |
the course being included in the student's grade point average, if | 18370 |
applicable; | 18371 |
(8) The effect of program participation on the student's | 18372 |
ability to complete the district's, community school's, or | 18373 |
nonpublic school's graduation requirements; | 18374 |
(9) The academic and social responsibilities of students and | 18375 |
parents under the program; | 18376 |
(10) Information about and encouragement to use the | 18377 |
counseling services of the college in which the student intends to | 18378 |
enroll. | 18379 |
(D) A requirement that the student and the student's parent | 18380 |
sign a form, provided by the school district or school, stating | 18381 |
that they have received the counseling required by division (C) of | 18382 |
this section and that they understand the responsibilities they | 18383 |
must assume in the program; | 18384 |
(E) The options required by section 3365.04 of the Revised | 18385 |
Code; | 18386 |
(F) A requirement that a student may not enroll in any | 18387 |
specific college course through the program if the student has | 18388 |
taken high school courses in the same subject area as that college | 18389 |
course and has failed to attain a cumulative grade point average | 18390 |
of at least 3.0 on a 4.0 scale, or the equivalent, in such | 18391 |
completed high school courses | 18392 |
| 18393 |
18394 | |
18395 | |
18396 | |
18397 |
Sec. 3365.11. (A) If the superintendent of the school | 18398 |
district or the chief administrator of the community school in | 18399 |
which a participant is enrolled determines that the participant | 18400 |
has not attained a passing final grade in a college course in | 18401 |
which the participant enrolled under this chapter, the | 18402 |
superintendent or chief administrator shall seek reimbursement | 18403 |
from the participant or the participant's parent for the amount of | 18404 |
state funds paid to the college on behalf of the participant for | 18405 |
that college course. The board of education of the school district | 18406 |
or the governing authority of the community school, in accordance | 18407 |
with division (C) of section 3313.642 of the Revised Code, may | 18408 |
withhold grades and credits received by the participant for | 18409 |
district or community school courses taken by the participant | 18410 |
until the participant or the participant's parent provides | 18411 |
reimbursement. | 18412 |
(B) If the chief administrator of the nonpublic school in | 18413 |
which a participant is enrolled determines that the participant | 18414 |
has not attained a passing final grade in a college course in | 18415 |
which the participant enrolled under this chapter, the chief | 18416 |
administrator shall seek reimbursement from the participant or the | 18417 |
participant's parent for the amount of state funds paid to the | 18418 |
college on behalf of the participant for enrollment in that | 18419 |
college course. Upon the collection of any funds from a | 18420 |
participant or participant's parent under this division, the chief | 18421 |
administrator of a nonpublic school shall send an amount equal to | 18422 |
the funds collected to the superintendent of public instruction. | 18423 |
The superintendent of public instruction shall credit that amount | 18424 |
to the general revenue fund. | 18425 |
Sec. 3375.121. (A) In any municipal corporation, not located | 18426 |
in a county library district, which has a population of not less | 18427 |
than twenty-five thousand, and within which there is not located a | 18428 |
main library of a township, municipal, school district, | 18429 |
association, or county free public library, a library district may | 18430 |
be created by a resolution adopted by the legislative authority of | 18431 |
18432 | |
adopted after one year from June 20, 1977. Upon the adoption of | 18433 |
such a resolution, any branches of an existing library
| 18434 |
are located in | 18435 |
property of the municipal library district created. | 18436 |
The municipal corporation and the board of trustees of the | 18437 |
public library maintaining any existing branches in | 18438 |
municipal corporation shall forthwith take appropriate action | 18439 |
transferring all title and interest in all | 18440 |
personal | 18441 |
the name
of the library district maintaining | 18442 |
in | 18443 |
adopting the
appropriate resolution. Upon transfer of | 18444 |
title and interest
in | 18445 |
become a part of, and be operated by, the board of library | 18446 |
trustees appointed by the mayor. | 18447 |
(B) In any municipal corporation | 18448 |
of
less than twenty-five thousand and | 18449 |
one hundred thousand dollars available from a bequest for the | 18450 |
establishment of a municipal library, the legislative authority of | 18451 |
18452 | |
June 20, 1977, a resolution creating a library district. Upon the | 18453 |
establishment of any such library district, the board of trustees | 18454 |
of
any library operating a branch library in | 18455 |
corporation shall not be required to transfer any property to the | 18456 |
newly established library. | 18457 |
(C) The board of library trustees of any library district | 18458 |
created
under this section shall be composed of six members. | 18459 |
Those trustees shall be appointed by the mayor, to serve without | 18460 |
compensation, for a term of four years. In the first instance, | 18461 |
three of | 18462 |
years, and three of them shall be appointed for a term of four | 18463 |
years. Vacancies shall be filled by like appointment for the | 18464 |
unexpired term. A library district created under this section | 18465 |
shall be governed in
accordance with and exercise | 18466 |
authority | 18467 |
Revised Code. | 18468 |
Notwithstanding any contrary provision of section 3.24 of the | 18469 |
Revised Code, the president of a board of township trustees may | 18470 |
administer the oath of office to a person or persons representing | 18471 |
the township on the board of library trustees of any library | 18472 |
district created under this section, even if the geographical | 18473 |
limits of the library district do not fall within the geographical | 18474 |
limits of the township. | 18475 |
(D) Any library district created under this section is | 18476 |
eligible to participate in the proceeds of the county library and | 18477 |
local government support fund in accordance with section 5705.28 | 18478 |
of the Revised Code. | 18479 |
(E) A municipal corporation may establish and operate a free | 18480 |
public library regardless of whether the municipal corporation is | 18481 |
located in a county library district or school library district, | 18482 |
if all of the following conditions are met: | 18483 |
(1) The facility in which the library is principally located | 18484 |
is transferred to the municipal corporation from the county | 18485 |
library district or school library district in which it is located | 18486 |
prior to January 1,
1996 | 18487 |
(2) The population of the municipal corporation is less than | 18488 |
five hundred when the library is transferred from the county | 18489 |
library district or school library district to the municipal | 18490 |
corporation | 18491 |
(3) The municipal corporation does not establish a municipal | 18492 |
library
district under this section | 18493 |
(4) The library does not receive any proceeds from the county | 18494 |
library and local government support fund under section 5747.48 of | 18495 |
the Revised Code. | 18496 |
Sec. 3381.15. | 18497 |
county, the legislative authority of any municipal corporation, | 18498 |
and the board of township trustees of any township, included | 18499 |
within a regional arts and cultural district may appropriate | 18500 |
annually, from moneys to the credit of the general fund of the | 18501 |
county, the municipal corporation, or the township and not | 18502 |
otherwise appropriated, that portion of the expense of the | 18503 |
district to be paid by the county, municipal corporation, or | 18504 |
township as provided in the resolution creating or enlarging the | 18505 |
district adopted under section 3381.03 of the Revised Code, or by | 18506 |
any amendment to the resolution. | 18507 |
| 18508 |
18509 | |
18510 | |
18511 | |
18512 | |
18513 | |
18514 |
Sec. 3381.17. From the funds available therefor from a tax | 18515 |
levy authorized under section 3381.16 or, if applicable, sections | 18516 |
5743.021 and 5743.321 of the Revised Code, a regional arts and | 18517 |
cultural district by action of its board of trustees shall make | 18518 |
annual grants to support the operating or capital expenses of such | 18519 |
of the arts or cultural organizations located within the territory | 18520 |
of the district as the board of trustees shall determine; | 18521 |
provided, however, that not more than ten per cent of the amount | 18522 |
granted in any calendar year shall be granted to arts and cultural | 18523 |
organizations that are not qualifying arts or cultural | 18524 |
organizations; and further provided that prior to making any | 18525 |
grants in any calendar year, the board of trustees shall afford an | 18526 |
opportunity for the presentation, either in person or in writing, | 18527 |
of the suggestions of any area arts council, as defined in section | 18528 |
757.03 of the Revised Code, located within the district. Any such | 18529 |
grant to an arts or cultural organization shall be on such terms | 18530 |
and conditions as the board considers advisable. | 18531 |
Sec. 3517.152. (A)(1) There is hereby created the Ohio | 18532 |
elections commission consisting of seven members. | 18533 |
Not later than forty-five days after August 24, 1995, the | 18534 |
speaker of the house of representatives and the leader in the | 18535 |
senate of the political party of which the speaker is a member | 18536 |
shall jointly submit to the governor a list of five persons who | 18537 |
are affiliated with that political party. Not later than | 18538 |
forty-five days after August 24, 1995, the two legislative leaders | 18539 |
in the two houses of the general assembly of the major political | 18540 |
party of which the speaker is not a member shall jointly submit to | 18541 |
the governor a list of five persons who are affiliated with the | 18542 |
major political party of which the speaker is not a member. Not | 18543 |
later than fifteen days after receiving each list, the governor | 18544 |
shall appoint three persons from each list to the commission. The | 18545 |
governor shall appoint one person from each list to a term that | 18546 |
ends on December 31, 1996, one person from each list to a term | 18547 |
that ends on December 31, 1997, and one person from each list to a | 18548 |
term that ends on December 31, 1998. | 18549 |
Not later than thirty days after the governor appoints these | 18550 |
six members, they shall, by a majority vote, appoint to the | 18551 |
commission a seventh member, who shall not be affiliated with a | 18552 |
political party. If the six members fail to appoint the seventh | 18553 |
member within this thirty-day period, the chief justice of the | 18554 |
supreme court, not later than thirty days after the end of the | 18555 |
period during which the six members were required to appoint a | 18556 |
member, shall appoint the seventh member, who shall not be | 18557 |
affiliated with a political party. The seventh member shall be | 18558 |
appointed to a term that ends on December 31, 2001. Terms of the | 18559 |
initial members appointed under this division begin on January 1, | 18560 |
1996. | 18561 |
(2) If a vacancy occurs in the position of the seventh | 18562 |
member, who is not affiliated with a political party, the six | 18563 |
remaining members by a majority vote shall appoint, not later than | 18564 |
forty-five days after the date of the vacancy, the seventh member | 18565 |
of the commission, who shall not be affiliated with a political | 18566 |
party. If these members fail to appoint the seventh member within | 18567 |
this forty-five-day period, the chief justice of the supreme | 18568 |
court, within fifteen days after the end of this period, shall | 18569 |
appoint the seventh member, who shall not be affiliated with a | 18570 |
political party. If a vacancy occurs in any of the other six | 18571 |
positions on the commission, the legislative leaders of the | 18572 |
political party from whose list of persons the member being | 18573 |
replaced was appointed shall submit to the governor, not later | 18574 |
than thirty days after the date of the vacancy, a list of three | 18575 |
persons who are affiliated with that political party. Not later | 18576 |
than fifteen days after receiving the list, the governor, with the | 18577 |
advice and consent of the senate, shall appoint one person from | 18578 |
the list to the commission. | 18579 |
(3) At no time shall more than six members of the commission | 18580 |
be affiliated with a political party, and, of these six members, | 18581 |
not more than three shall be affiliated with the same political | 18582 |
party. | 18583 |
(4) In making appointments to the commission, the governor | 18584 |
shall take into consideration the various geographic areas of this | 18585 |
state and shall appoint members so that those areas are | 18586 |
represented on the commission in a balanced manner, to the extent | 18587 |
feasible. | 18588 |
(5) Members of the commission shall be registered electors | 18589 |
and shall be of good moral character. | 18590 |
(B) Each member of the Ohio elections commission shall hold | 18591 |
office from the date of the member's appointment until the end of | 18592 |
the term for which the member was appointed. A member appointed to | 18593 |
fill a vacancy occurring prior to the expiration of the term for | 18594 |
which the member's predecessor was appointed shall hold office for | 18595 |
the remainder of that term. A member shall continue in office | 18596 |
subsequent to the expiration date of the member's term until the | 18597 |
member's successor takes office or until a period of sixty days | 18598 |
has elapsed, whichever occurs first. After the initial terms of | 18599 |
office provided for in division (A)(1) of this section, terms of | 18600 |
office shall be for five years. | 18601 |
(C) A vacancy in the Ohio elections commission may be caused | 18602 |
by death, resignation, or three absences from commission meetings | 18603 |
in a calendar year if those absences are caused by reasons | 18604 |
declared invalid by a vote of five members of the remaining | 18605 |
members of the commission. | 18606 |
(D) Each member of the Ohio elections commission while in the | 18607 |
performance of the business of the commission shall be entitled to | 18608 |
receive compensation at the rate of twenty-five thousand dollars | 18609 |
per year. Members shall be reimbursed for expenses actually and | 18610 |
necessarily incurred in the performance of their duties. | 18611 |
(E) No member of the Ohio elections commission shall serve | 18612 |
more than one full term unless the terms served are served | 18613 |
nonconsecutively. | 18614 |
(F)(1) No member of the Ohio elections commission shall do or | 18615 |
be any of the following: | 18616 |
(a) Hold, or be a candidate for, a public office; | 18617 |
(b) Serve on a committee supporting or opposing a candidate | 18618 |
or ballot question or issue; | 18619 |
(c) Be an officer of the state central committee, a county | 18620 |
central committee, or a district, city, township, or other | 18621 |
committee of a political party or an officer of the executive | 18622 |
committee of the state central committee, a county central | 18623 |
committee, or a district, city, township, or other committee of a | 18624 |
political party; | 18625 |
(d) Be a legislative agent as defined in section 101.70 of | 18626 |
the Revised Code or an executive agency lobbyist as defined in | 18627 |
section 121.60 of the Revised Code; | 18628 |
(e) Solicit or be involved in soliciting contributions on | 18629 |
behalf of a candidate, campaign committee, political party, | 18630 |
political action committee, or political contributing entity; | 18631 |
(f) Be in the unclassified service under section 124.11 of | 18632 |
the Revised Code; | 18633 |
(g) Be a person or employee | 18634 |
18635 | |
pursuant to division (C) of section 4117.01 of the Revised Code. | 18636 |
(2) No member or employee of the commission shall make a | 18637 |
contribution to, or for the benefit of, a campaign committee or | 18638 |
committee in support of or opposition to a ballot question or | 18639 |
issue, a political party, a legislative campaign fund, a | 18640 |
political action committee, or a political contributing entity. | 18641 |
(G)(1) The members of the Ohio elections commission shall | 18642 |
elect a chairperson and a vice-chairperson. At no time shall the | 18643 |
chairperson and vice-chairperson be affiliated with the same | 18644 |
political party. The chairperson shall serve in that capacity for | 18645 |
one year and shall not serve as chairperson more than twice during | 18646 |
a term as a member of the commission. No two successive | 18647 |
chairpersons shall be affiliated with the same political party. | 18648 |
(2) The commission shall meet at the call of the chairperson | 18649 |
or upon the written request of a majority of the members. The | 18650 |
meetings and hearings of the commission or a panel of the | 18651 |
commission under sections 3517.153 to 3517.157 of the Revised Code | 18652 |
are subject to section 121.22 of the Revised Code. | 18653 |
(3) The commission shall adopt rules for its procedures in | 18654 |
accordance with Chapter 119. of the Revised Code. Five of the | 18655 |
seven members constitute a quorum. Except as otherwise provided in | 18656 |
this section and in sections 3517.154 to 3517.157 of the Revised | 18657 |
Code, no action shall be taken without the concurrence of a | 18658 |
majority of the members. | 18659 |
(H)(1) The Ohio elections commission shall employ the | 18660 |
technical, professional, and clerical employees that are necessary | 18661 |
for it to carry out its duties. | 18662 |
(2)(a) Notwithstanding section 109.02 of the Revised Code, | 18663 |
the commission shall employ a full-time attorney, and, as needed, | 18664 |
one or more investigatory attorneys to conduct investigations for | 18665 |
the commission or a panel of the commission. The commission may | 18666 |
employ or contract for the services of additional attorneys, as | 18667 |
needed. The full-time attorney shall do all of the following: | 18668 |
(i) Serve as the commission's attorney in regard to all legal | 18669 |
matters, including representing the commission at appeals from a | 18670 |
final determination of the commission, except that the full-time | 18671 |
attorney shall not perform the duties that an investigatory | 18672 |
attorney is required or requested to perform or that another | 18673 |
attorney the commission employs or contracts with for services is | 18674 |
required or requested to perform, and shall not represent the | 18675 |
commission in any legal proceeding in which the commission is a | 18676 |
named party; | 18677 |
(ii) At the request of the commission or a panel of the | 18678 |
commission, be present at a hearing held under sections 3517.154 | 18679 |
to 3517.156 of the Revised Code to rule on the admissibility of | 18680 |
evidence and to advise on the conduct of procedure; | 18681 |
(iii) Perform other duties as required by rule of the | 18682 |
commission. | 18683 |
(b) An attorney employed by or under contract with the | 18684 |
commission shall be licensed to practice law in this state. | 18685 |
(3)(a) Except as otherwise provided in division (H)(3)(b) of | 18686 |
this section, at least five members of the commission shall agree | 18687 |
on the employment of a person, a majority of the members shall | 18688 |
agree on the discharge of an employee, and a person employed by | 18689 |
the commission shall serve at the pleasure of the commission. | 18690 |
(b) At least five of the seven members shall agree on the | 18691 |
discharge of an investigatory attorney. | 18692 |
(I) There is hereby created in the state treasury the Ohio | 18693 |
elections commission fund. All moneys credited to the fund shall | 18694 |
be used solely for the purpose of paying expenses related to the | 18695 |
operation of the Ohio elections commission. | 18696 |
Sec. 3701.041. (A) The employee assistance program is hereby | 18697 |
established for the purpose of referring state employees paid by | 18698 |
warrant of the | 18699 |
who are in need of medical, social, or other services to providers | 18700 |
of those services. | 18701 |
The director of health, in consultation with the director of | 18702 |
budget and management, shall determine a rate at which the | 18703 |
payrolls of all state agencies with employees paid by warrant of | 18704 |
the | 18705 |
charged each pay period that is sufficient to cover the costs of | 18706 |
administering the program. The rate shall be based upon the total | 18707 |
number of such employees and may be adjusted as the director of | 18708 |
health, in consultation with the director of budget and | 18709 |
management, considers necessary. All money collected from the | 18710 |
assessment shall be deposited in the state treasury to the credit | 18711 |
of the employee assistance general services fund, which is hereby | 18712 |
created. The fund shall be used by the director of health to | 18713 |
administer the program. | 18714 |
(B) Records of the identity, diagnosis, prognosis, or | 18715 |
treatment of any person that are maintained in connection with the | 18716 |
employee assistance program created in division (A) of this | 18717 |
section are not public records under section 149.43 of the Revised | 18718 |
Code and shall be disclosed only as provided in division (C) of | 18719 |
this section. | 18720 |
(C)(1) Records described in division (B) of this section may | 18721 |
be disclosed with the prior written consent of the person who is | 18722 |
the subject of the record. | 18723 |
(2) Records described in division (B) of this section may be | 18724 |
disclosed with or without the prior written consent of the person | 18725 |
who is the subject of the record under the following conditions: | 18726 |
(a) To medical personnel to the extent necessary to meet a | 18727 |
bona fide medical emergency; | 18728 |
(b) To qualified personnel for the purpose of conducting | 18729 |
scientific research, management audits, financial audits, or | 18730 |
program evaluation, but the personnel shall not directly or | 18731 |
indirectly identify any person who is the subject of the record in | 18732 |
any report of the research, audit, or evaluation or in any other | 18733 |
manner; | 18734 |
(c) If authorized by an appropriate order of a court of | 18735 |
competent jurisdiction granted after a showing of good cause. In | 18736 |
determining good cause, the court shall weigh the public interest | 18737 |
and the need for disclosure against injury to the person who is | 18738 |
the subject of the record and to the employee assistance program. | 18739 |
Upon granting such an order, the court shall, in determining the | 18740 |
extent to which the disclosure of all or any part of any record is | 18741 |
necessary, impose appropriate safeguards against unauthorized | 18742 |
disclosure. | 18743 |
(D) Except as authorized by a court order described in | 18744 |
division (C)(2)(c) of this section, no record described in | 18745 |
division (B) of this section may be used to initiate or | 18746 |
substantiate criminal charges against the person who is the | 18747 |
subject of the record or to conduct any investigation of such a | 18748 |
person. | 18749 |
Sec. 3701.046. The director of health is authorized to make | 18750 |
grants for women's health services from funds appropriated for | 18751 |
that purpose by the general assembly. | 18752 |
None of the funds received through grants for women's health | 18753 |
services shall be used to provide abortion services. None of the | 18754 |
funds received through these grants shall be used for counseling | 18755 |
for or referrals for abortion, except in the case of a medical | 18756 |
emergency. These funds shall be distributed by the director to | 18757 |
programs that the department of health determines will provide | 18758 |
services that are physically and financially separate from | 18759 |
abortion-providing and abortion-promoting activities, and that do | 18760 |
not include counseling for or referrals for abortion, other than | 18761 |
in the case of medical emergency. | 18762 |
These women's health services include and are limited to the | 18763 |
following: pelvic examinations and laboratory testing; breast | 18764 |
examinations and patient education on breast cancer; screening for | 18765 |
cervical cancer; screening and treatment for sexually transmitted | 18766 |
diseases and HIV screening; voluntary choice of contraception, | 18767 |
including abstinence and natural family planning; patient | 18768 |
education and pre-pregnancy counseling on the dangers of smoking, | 18769 |
alcohol, and drug use during pregnancy; education on sexual | 18770 |
coercion and violence in relationships; and prenatal care or | 18771 |
referral for prenatal care. These health care services shall be | 18772 |
provided in a medical clinic setting by persons authorized under | 18773 |
Chapter. 4731 of the Revised Code to practice medicine and surgery | 18774 |
or osteopathic medicine and surgery; authorized under Chapter | 18775 |
4730. of the Revised Code to practice as a physician assistant; | 18776 |
licensed under Chapter 4723. of the Revised Code as a registered | 18777 |
nurse or licensed practical nurse; or licensed under Chapter 4757. | 18778 |
of the Revised Code as a social worker, independent social worker, | 18779 |
professional clinical counselor, or professional counselor. | 18780 |
The director shall adopt rules under Chapter 119. of the | 18781 |
Revised Code specifying reasonable eligibility standards that must | 18782 |
be met to receive the state funding and provide reasonable methods | 18783 |
by which a grantee wishing to be eligible for federal funding may | 18784 |
comply with these requirements for state funding without losing | 18785 |
its eligibility for federal funding. | 18786 |
Each applicant for these funds shall provide sufficient | 18787 |
assurance to the director of all of the following: | 18788 |
(A) The program shall not discriminate in the provision of | 18789 |
services based on an individual's religion, race, national origin, | 18790 |
handicapping condition, age, sex, number of pregnancies, or | 18791 |
marital status; | 18792 |
(B) The program shall provide services without subjecting | 18793 |
individuals to any coercion to accept services or to employ any | 18794 |
particular methods of family planning; | 18795 |
(C) Acceptance of services shall be solely on a voluntary | 18796 |
basis and may not be made a prerequisite to eligibility for, or | 18797 |
receipt of, any other service, assistance from, or participation | 18798 |
in, any other program of the service provider; | 18799 |
(D) Any charges for services provided by the program shall be | 18800 |
based on the patient's ability to pay and priority in the | 18801 |
provision of services shall be given to persons from low-income | 18802 |
families. | 18803 |
In distributing these grant funds, the director shall give | 18804 |
priority to grant requests from local departments of health for | 18805 |
women's health services to be provided directly by personnel of | 18806 |
the local department of health. The director shall issue a single | 18807 |
request for proposals for all grants for women's health services. | 18808 |
The director shall send a notification of this request for | 18809 |
proposals to every local department of health in this state and | 18810 |
shall place a notification on the department's web site. The | 18811 |
director shall allow at least thirty days after issuing this | 18812 |
notification before closing the period to receive applications. | 18813 |
After the closing date for receiving grant applications, the | 18814 |
director shall first consider grant applications from local | 18815 |
departments of health that apply for grants for women's health | 18816 |
services to be provided directly by personnel of the local | 18817 |
department of health. Local departments of health that apply for | 18818 |
grants for women's health services to be provided directly by | 18819 |
personnel of the local department of health need not provide all | 18820 |
the listed women's health services in order to qualify for a | 18821 |
grant. However, in prioritizing awards among local departments of | 18822 |
health that qualify for funding under this paragraph, the director | 18823 |
may consider, among other reasonable factors, the | 18824 |
comprehensiveness of the women's health services to be offered, | 18825 |
provided that no local department of health shall be discriminated | 18826 |
against in the process of awarding these grant funds because the | 18827 |
applicant does not provide contraception. | 18828 |
If funds remain after awarding grants to all local | 18829 |
departments of health that qualify for the priority, the director | 18830 |
may make grants to other applicants. Awards to other applicants | 18831 |
may be made to those applicants that will offer all eight of the | 18832 |
listed women's health services or that will offer all of the | 18833 |
services except contraception. No applicant shall be discriminated | 18834 |
against in the process of awarding these grant funds because the | 18835 |
applicant does not provide contraception. | 18836 |
Sec. 3701.341. (A) The public health council, pursuant to | 18837 |
Chapter 119. and consistent with section 2317.56 of the Revised | 18838 |
Code, shall adopt rules relating to abortions and the following | 18839 |
subjects: | 18840 |
(1) Post-abortion procedures to protect the health of the | 18841 |
pregnant woman; | 18842 |
(2) | 18843 |
| 18844 |
| 18845 |
| 18846 |
(B) The director of health shall implement the rules and | 18847 |
shall apply to the court of common pleas for temporary or | 18848 |
permanent injunctions restraining a violation or threatened | 18849 |
violation of the rules. This action is an additional remedy not | 18850 |
dependent on the adequacy of the remedy at law. | 18851 |
Sec. 3701.65. (A) There is hereby created in the state | 18852 |
treasury the "choose life" fund. The fund shall consist of the | 18853 |
contributions that are paid to the registrar of motor vehicles by | 18854 |
applicants who voluntarily elect to obtain "choose life" license | 18855 |
plates pursuant to section 4503.91 of the Revised Code and any | 18856 |
money returned to the fund under division (E)(1)(d) of this | 18857 |
section. All investment earnings of the fund shall be credited to | 18858 |
the fund. | 18859 |
(B)(1) At least annually, the director of health shall | 18860 |
distribute the money in the fund to any private, nonprofit | 18861 |
organization that is eligible to receive funds under this section | 18862 |
and that applies for funding under division (C) of this section. | 18863 |
(2) The director shall distribute the funds based on the | 18864 |
county in which the organization applying for funding is located | 18865 |
and in proportion to the number of "choose life" license plates | 18866 |
issued during the preceding year to vehicles registered in each | 18867 |
county. The director shall distribute funds allocated for a county | 18868 |
to one or more eligible organizations located in contiguous | 18869 |
counties if no eligible organization located within the county | 18870 |
applies for funding. Within each county, eligible organizations | 18871 |
that apply for funding shall share equally in the funds available | 18872 |
for distribution to organizations located within that county. | 18873 |
(C) Any organization seeking funds under this section | 18874 |
annually shall apply for distribution of the funds based on the | 18875 |
county in which the organization is located. An organization may | 18876 |
apply for funding in a contiguous county if it demonstrates that | 18877 |
it provides services for pregnant women residing in that | 18878 |
contiguous county. The director shall develop an application form | 18879 |
and may determine the schedule and procedures that an organization | 18880 |
shall follow when annually applying for funds. The application | 18881 |
shall inform the applicant of the conditions for receiving and | 18882 |
using funds under division (E) of this section. The application | 18883 |
shall require evidence that the organization meets all of the | 18884 |
following requirements: | 18885 |
(1) Is a private, nonprofit organization; | 18886 |
(2) Is committed to counseling pregnant women about the | 18887 |
option of adoption; | 18888 |
(3) Provides services within the state to pregnant women who | 18889 |
are planning to place their children for adoption, including | 18890 |
counseling and meeting the material needs of the women; | 18891 |
(4) Does not charge women for any services received; | 18892 |
(5) Is not involved or associated with any abortion | 18893 |
activities, including counseling for or referrals to abortion | 18894 |
clinics, providing medical abortion-related procedures, or | 18895 |
pro-abortion advertising; | 18896 |
(6) Does not discriminate in its provision of any services on | 18897 |
the basis of race, religion, color, age, marital status, national | 18898 |
origin, handicap, gender, or age. | 18899 |
(D) The director shall not distribute funds to an | 18900 |
organization that does not provide verifiable evidence of the | 18901 |
requirements specified in the application under division (C) of | 18902 |
this section and shall not provide additional funds to any | 18903 |
organization that fails to comply with division (E) of this | 18904 |
section in regard to its previous receipt of funds under this | 18905 |
section. | 18906 |
(E)(1) An organization receiving funds under this section | 18907 |
shall do all of the following: | 18908 |
(a) Use not more than sixty per cent of the funds distributed | 18909 |
to it for the material needs of pregnant women who are planning to | 18910 |
place their children for adoption or for infants awaiting | 18911 |
placement with adoptive parents, including clothing, housing, | 18912 |
medical care, food, utilities, and transportation; | 18913 |
(b) Use not more than forty per cent of the funds distributed | 18914 |
to it for counseling, training, or advertising; | 18915 |
(c) Not use any of the funds distributed to it for | 18916 |
administrative expenses, legal expenses, or capital expenditures; | 18917 |
(d) Annually return to the fund created under division (A) of | 18918 |
this section any unused money that exceeds ten per cent of the | 18919 |
money distributed to the organization. | 18920 |
(2) The organization annually shall submit to the director an | 18921 |
audited financial statement verifying its compliance with division | 18922 |
(E)(1) of this section. | 18923 |
(F) The director, in accordance with Chapter 119. of the | 18924 |
Revised Code, shall adopt rules to implement this section. | 18925 |
It is not the intent of the general assembly that the | 18926 |
department create a new position within the department to | 18927 |
implement and administer this section. It is the intent of the | 18928 |
general assembly that the implementation and administration of | 18929 |
this section be accomplished by existing department personnel. | 18930 |
Sec. 3701.79. (A) As used in this section: | 18931 |
(1) "Abortion" has the same meaning as in section 2919.11 of | 18932 |
the Revised Code. | 18933 |
(2) "Abortion report" means a form completed pursuant to | 18934 |
division (C) of this section. | 18935 |
(3) "Ambulatory surgical facility" has the same meaning as in | 18936 |
section 3702.30 of the Revised Code. | 18937 |
(4) "Department" means the department of health. | 18938 |
(5) "Hospital" means any building, structure, institution, or | 18939 |
place devoted primarily to the maintenance and operation of | 18940 |
facilities for the diagnosis, treatment, and medical or surgical | 18941 |
care for three or more unrelated individuals suffering from | 18942 |
illness, disease, injury, or deformity, and regularly making | 18943 |
available at least clinical laboratory services, diagnostic x-ray | 18944 |
services, treatment facilities for surgery or obstetrical care, or | 18945 |
other definitive medical treatment. "Hospital" does not include a | 18946 |
"home" as defined in section 3721.01 of the Revised Code. | 18947 |
(6) "Physician's office" means an office or portion of an | 18948 |
office that is used to provide medical or surgical services to the | 18949 |
physician's patients. "Physician's office" does not mean an | 18950 |
ambulatory surgical facility, a hospital, or a hospital emergency | 18951 |
department. | 18952 |
(7) "Postabortion care" means care given after the uterus has | 18953 |
been evacuated by abortion. | 18954 |
(B) The department shall be responsible for collecting and | 18955 |
collating abortion data reported to the department as required by | 18956 |
this section. | 18957 |
(C) The attending physician shall complete an individual | 18958 |
abortion report for each abortion the physician performs upon a | 18959 |
woman. The report shall be confidential and shall not contain the | 18960 |
woman's name. The report shall include, but is not limited to, all | 18961 |
of the following, insofar as the patient makes the data available | 18962 |
that is not within the physician's knowledge: | 18963 |
(1) Patient number; | 18964 |
(2) The name and address of the facility in which the | 18965 |
abortion was performed, and whether the facility is a hospital, | 18966 |
ambulatory surgical facility, physician's office, or other | 18967 |
facility; | 18968 |
(3) The date of the abortion; | 18969 |
(4) All of the following regarding the woman on whom the | 18970 |
abortion was performed: | 18971 |
(a) Zip code of residence; | 18972 |
(b) Age; | 18973 |
(c) Race; | 18974 |
(d) Marital status; | 18975 |
(e) Number of previous pregnancies; | 18976 |
(f) Years of education; | 18977 |
(g) Number of living children; | 18978 |
(h) Number of previously induced abortions; | 18979 |
(i) Date of last induced abortion; | 18980 |
(j) Date of last live birth; | 18981 |
(k) Method of contraception at the time of conception; | 18982 |
(l) Date of the first day of the last menstrual period; | 18983 |
(m) Medical condition at the time of the abortion; | 18984 |
(n) Rh-type; | 18985 |
(o) The number of weeks of gestation at the time of the | 18986 |
abortion. | 18987 |
(5) The type of abortion procedure performed; | 18988 |
(6) Complications by type; | 18989 |
(7) Type of procedure performed after the abortion; | 18990 |
(8) Type of family planning recommended; | 18991 |
(9) Type of additional counseling given; | 18992 |
(10) Signature of attending physician. | 18993 |
(D) The physician who completed the abortion report under | 18994 |
division (C) of this section shall submit the abortion report to | 18995 |
the department within fifteen days after the woman is discharged. | 18996 |
(E) The appropriate vital records report or certificate shall | 18997 |
be made out after the twentieth week of gestation. | 18998 |
(F) A copy of the abortion report shall be made part of the | 18999 |
medical record of the patient of the facility in which the | 19000 |
abortion was performed. | 19001 |
(G) Each hospital shall file monthly and annual reports | 19002 |
listing the total number of women who have undergone a | 19003 |
post-twelve-week-gestation abortion and received postabortion | 19004 |
care. The annual report shall be filed following the conclusion of | 19005 |
the state's fiscal year. Each report shall be filed within thirty | 19006 |
days after the end of the applicable reporting period. | 19007 |
(H) Each case in which a physician treats a post abortion | 19008 |
complication shall be reported on a postabortion complication | 19009 |
form. The report shall be made upon a form prescribed by the | 19010 |
department, shall be signed by the attending physician, and shall | 19011 |
be confidential. | 19012 |
(I)(1) Not later than the first day of October of each year, | 19013 |
the department shall issue an annual report of the abortion data | 19014 |
reported to the department for the previous calendar year as | 19015 |
required by this section. The annual report shall include at least | 19016 |
the following information: | 19017 |
(a) The total number of induced abortions; | 19018 |
(b) The number of abortions performed on Ohio and | 19019 |
out-of-state residents; | 19020 |
(c) The number of abortions performed, sorted by each of the | 19021 |
following: | 19022 |
(i) The age of the woman on whom the abortion was performed, | 19023 |
using the following categories: under fifteen years of age, | 19024 |
fifteen to nineteen years of age, twenty to twenty-four years of | 19025 |
age, twenty-five to twenty-nine years of age, thirty to | 19026 |
thirty-four years of age, thirty-five to thirty-nine years of age, | 19027 |
forty to forty-four years of age, forty-five years of age or | 19028 |
older; | 19029 |
(ii) The race and Hispanic ethnicity of the woman on whom the | 19030 |
abortion was performed; | 19031 |
(iii) The education level of the woman on whom the abortion | 19032 |
was performed, using the following categories or their | 19033 |
equivalents: less than ninth grade, ninth through twelfth grade, | 19034 |
one or more years of college; | 19035 |
(iv) The marital status of the woman on whom the abortion was | 19036 |
performed; | 19037 |
(v) The number of living children of the woman on whom the | 19038 |
abortion was performed, using the following categories: none, one, | 19039 |
or two or more; | 19040 |
(vi) The number of weeks of gestation of the woman at the | 19041 |
time the abortion was performed, using the following categories: | 19042 |
less than nine weeks, nine to twelve weeks, thirteen to nineteen | 19043 |
weeks, or twenty weeks or more; | 19044 |
(vii) The county in which the abortion was performed; | 19045 |
(viii) The type of abortion procedure performed; | 19046 |
(ix) The number of abortions previously performed on the | 19047 |
woman on whom the abortion was performed; | 19048 |
(x) The type of facility in which the abortion was performed; | 19049 |
(xi) For Ohio residents, the county of residence of the woman | 19050 |
on whom the abortion was performed. | 19051 |
(2) The report also shall indicate the number and type of the | 19052 |
abortion complications reported to the department either on the | 19053 |
abortion report required under division (C) of this section or the | 19054 |
postabortion complication report required under division (H) of | 19055 |
this section. | 19056 |
(3) In addition to the annual report required under division | 19057 |
(I)(1) of this section, the department shall make available, on | 19058 |
request, the number of abortions performed by zip code of | 19059 |
residence. | 19060 |
(J) The director of health shall implement this section and | 19061 |
shall apply to the court of common pleas for temporary or | 19062 |
permanent injunctions restraining a violation or threatened | 19063 |
violation of its requirements. This action is an additional remedy | 19064 |
not dependent on the adequacy of the remedy at law. | 19065 |
Sec. 3705.242. (A)(1) The director of health, a person | 19066 |
authorized by the director, a local commissioner of health, or a | 19067 |
local registrar of vital statistics shall charge and collect a fee | 19068 |
of one dollar and fifty cents for each certified copy of a birth | 19069 |
record, each certification of birth, and each copy of a death | 19070 |
record. The fee is in addition to the fee imposed by section | 19071 |
3705.24 or any other section of the Revised Code. A local | 19072 |
commissioner of health or local registrar of vital statistics may | 19073 |
retain an amount of each additional fee collected, not to exceed | 19074 |
three per cent of the amount of the additional fee, to be used for | 19075 |
costs directly related to the collection of the fee and the | 19076 |
forwarding of the fee to the treasurer of state. The additional | 19077 |
fees collected, but not retained, under division (A)(1) of this | 19078 |
section shall be forwarded to the treasurer of state not later | 19079 |
than thirty days following the end of each quarter. | 19080 |
(2) On the filing of a divorce decree under section 3105.10 | 19081 |
or a decree of dissolution under section 3105.65 of the Revised | 19082 |
Code, a court of common pleas shall charge and collect a fee of | 19083 |
five dollars and fifty cents. The fee is in addition to any other | 19084 |
court costs or fees. The county clerk of courts may retain an | 19085 |
amount of each additional fee collected, not to exceed three per | 19086 |
cent of the amount of the additional fee, to be used for costs | 19087 |
directly related to the collection of the fee and the forwarding | 19088 |
of the fee to the treasurer of state. The additional fees | 19089 |
collected, but not retained, under division (A)(2) of this section | 19090 |
shall be forwarded to the treasurer of state not later than twenty | 19091 |
days following the end of each month. | 19092 |
(B) The | 19093 |
19094 | |
19095 | |
of state | 19096 |
in the state treasury to the credit of the family violence | 19097 |
prevention fund, which is hereby created. A person or government | 19098 |
entity that fails to forward the fees in a timely manner, as | 19099 |
determined by the treasurer of state, shall forward to the | 19100 |
treasurer of state, in addition to the fees, a penalty equal to | 19101 |
ten per cent of the fees. | 19102 |
The treasurer of state shall invest the moneys in the fund. | 19103 |
All earnings resulting from investment of the fund shall be | 19104 |
credited to the fund, except that actual administration costs | 19105 |
incurred by the treasurer of state in administering the fund may | 19106 |
be deducted from the earnings resulting from investments. The | 19107 |
amount that may be deducted shall not exceed three per cent of the | 19108 |
total amount of fees credited to the fund in each fiscal year. The | 19109 |
balance of the investment earnings shall be credited to the fund. | 19110 |
(C) The director of public safety shall use money credited to | 19111 |
the fund to provide grants to family violence shelters in Ohio. | 19112 |
Sec. 3734.57. (A) The following fees are hereby levied on | 19113 |
the transfer or disposal of solid wastes in this state: | 19114 |
(1) One dollar per ton on and after July 1, 2003, through | 19115 |
June 30, 2008, one-half of the proceeds of which shall be | 19116 |
deposited in the state treasury to the credit of the hazardous | 19117 |
waste facility management fund created in section 3734.18 of the | 19118 |
Revised Code and one-half of the proceeds of which shall be | 19119 |
deposited in the state treasury to the credit of the hazardous | 19120 |
waste clean-up fund created in section 3734.28 of the Revised | 19121 |
Code; | 19122 |
(2) An additional one dollar per ton on and after July 1, | 19123 |
2003, through June 30, 2008, the proceeds of which shall be | 19124 |
deposited in the state treasury to the credit of the solid waste | 19125 |
fund, which is hereby created. The environmental protection agency | 19126 |
shall use money in the solid waste fund to pay the costs of | 19127 |
administering and enforcing the laws pertaining to solid wastes, | 19128 |
infectious wastes, and construction and demolition debris, | 19129 |
including, without limitation, ground water evaluations related to | 19130 |
solid wastes, infectious wastes, and construction and demolition | 19131 |
debris, under this chapter and Chapter 3714. of the Revised Code | 19132 |
and any rules adopted under them, providing compliance assistance | 19133 |
to small businesses, and paying a share of the administrative | 19134 |
costs of the environmental protection agency pursuant to section | 19135 |
3745.014 of the Revised Code. | 19136 |
(3) An additional one dollar and fifty cents per ton on and | 19137 |
after July 1, 2005, through June 30, 2008, the proceeds of which | 19138 |
shall be deposited in the state treasury to the credit of the | 19139 |
environmental protection fund created in section 3745.015 of the | 19140 |
Revised Code. | 19141 |
In the case of solid wastes that are taken to a solid waste | 19142 |
transfer facility located in this state prior to being transported | 19143 |
19144 | |
located in this state or outside of this state, the fees levied | 19145 |
under this division shall be collected by the owner or operator of | 19146 |
the transfer facility as a trustee for the state. The amount of | 19147 |
fees required to be collected under this division at such a | 19148 |
transfer facility shall equal the total tonnage of solid wastes | 19149 |
received at the facility multiplied by the fees levied under this | 19150 |
division. In the case of solid wastes that are not taken to a | 19151 |
solid waste transfer facility located in this state prior to being | 19152 |
transported to a solid waste disposal facility, the fees shall be | 19153 |
collected by the owner or operator of the solid waste disposal | 19154 |
facility as a trustee for the state. The amount of fees required | 19155 |
to be collected under this division at such a disposal facility | 19156 |
shall equal the total tonnage of solid wastes received at the | 19157 |
facility that was not previously taken to a solid waste transfer | 19158 |
facility located in this state multiplied by the fees levied under | 19159 |
this division. Fees levied under this division do not apply to | 19160 |
materials separated from a mixed waste stream for recycling by a | 19161 |
generator or materials removed from the solid waste stream through | 19162 |
recycling, as "recycling" is defined in rules adopted under | 19163 |
section 3734.02 of the Revised Code. | 19164 |
The owner or operator of a solid waste transfer facility or | 19165 |
disposal facility, as applicable, shall prepare and file with the | 19166 |
director of environmental protection each month a return | 19167 |
indicating the total tonnage of solid wastes received at the | 19168 |
facility during that month and the total amount of the fees | 19169 |
required to be collected under this division during that month. In | 19170 |
addition, the owner or operator of a solid waste disposal facility | 19171 |
shall indicate on the return the total tonnage of solid wastes | 19172 |
received from transfer facilities located in this state during | 19173 |
that month for which the fees were required to be collected by the | 19174 |
transfer facilities. The monthly returns shall be filed on a form | 19175 |
prescribed by the director. Not later than thirty days after the | 19176 |
last day of the month to which a return applies, the owner or | 19177 |
operator shall mail to the director the return for that month | 19178 |
together with the fees required to be collected under this | 19179 |
division during that month as indicated on the return. If the | 19180 |
return is filed and the amount of the fees due is paid in a timely | 19181 |
manner as required in this division, the owner or operator may | 19182 |
retain a discount of three-fourths of one per cent of the total | 19183 |
amount of the fees that are required to be paid as indicated on | 19184 |
the return. | 19185 |
The owner or operator may request an extension of not more | 19186 |
than thirty days for filing the return and remitting the fees, | 19187 |
provided that the owner or operator has submitted such a request | 19188 |
in writing to the director together with a detailed description of | 19189 |
why the extension is requested, the director has received the | 19190 |
request not later than the day on which the return is required to | 19191 |
be filed, and the director has approved the request. If the fees | 19192 |
are not remitted within thirty days after the last day of the | 19193 |
month to which the return applies or are not remitted by the last | 19194 |
day of an extension approved by the director, the owner or | 19195 |
operator shall not retain the three-fourths of one per cent | 19196 |
discount and shall pay an additional ten per cent of the amount of | 19197 |
the fees for each month that they are late. For purposes of | 19198 |
calculating the late fee, the first month in which fees are late | 19199 |
begins on the first day after the deadline has passed for timely | 19200 |
submitting the return and fees, and one additional month shall be | 19201 |
counted every thirty days thereafter. | 19202 |
The owner or operator of a solid waste facility may request a | 19203 |
refund or credit of fees levied under this division and remitted | 19204 |
to the director that have not been paid to the owner or operator. | 19205 |
Such a request shall be made only if the fees have not been | 19206 |
collected by the owner or operator, have become a debt that has | 19207 |
become worthless or uncollectable for a period of six months or | 19208 |
more, and may be claimed as a deduction, including a deduction | 19209 |
claimed if the owner or operator keeps accounts on an accrual | 19210 |
basis, under the "Internal Revenue Code of 1954," 68A Stat. 50, 26 | 19211 |
U.S.C. 166, as amended, and regulations adopted under it. Prior to | 19212 |
making a request for a refund or credit, an owner or operator | 19213 |
shall make reasonable efforts to collect the applicable fees. A | 19214 |
request for a refund or credit shall not include any costs | 19215 |
resulting from those efforts to collect unpaid fees. | 19216 |
A request for a refund or credit of fees shall be made in | 19217 |
writing, on a form prescribed by the director, and shall be | 19218 |
supported by evidence that may be required in rules adopted by the | 19219 |
director under this chapter. After reviewing the request, and if | 19220 |
the request and evidence submitted with the request indicate that | 19221 |
a refund or credit is warranted, the director shall grant a refund | 19222 |
to the owner or operator or shall permit a credit to be taken by | 19223 |
the owner or operator on a subsequent monthly return submitted by | 19224 |
the owner or operator. The amount of a refund or credit shall not | 19225 |
exceed an amount that is equal to ninety days' worth of fees owed | 19226 |
to an owner or operator by a particular debtor of the owner or | 19227 |
operator. A refund or credit shall not be granted by the director | 19228 |
to an owner or operator more than once in any twelve-month period | 19229 |
for fees owed to the owner or operator by a particular debtor. | 19230 |
If, after receiving a refund or credit from the director, an | 19231 |
owner or operator receives payment of all or part of the fees, the | 19232 |
owner or operator shall remit the fees with the next monthly | 19233 |
return submitted to the director together with a written | 19234 |
explanation of the reason for the submittal. | 19235 |
For purposes of computing the fees levied under this division | 19236 |
or division (B) of this section, any solid waste transfer or | 19237 |
disposal facility that does not use scales as a means of | 19238 |
determining gate receipts shall use a conversion factor of three | 19239 |
cubic yards per ton of solid waste or one cubic yard per ton for | 19240 |
baled waste, as applicable. | 19241 |
The fees levied under this division and divisions (B) and (C) | 19242 |
of this section are in addition to all other applicable fees and | 19243 |
taxes and shall be paid by the customer to the owner or operator | 19244 |
of a solid waste transfer or disposal facility notwithstanding the | 19245 |
existence of any provision in a contract that the customer may | 19246 |
have with the owner or operator that would not require or allow | 19247 |
such payment. | 19248 |
(B) For the purposes specified in division (G) of this | 19249 |
section, the solid waste management policy committee of a county | 19250 |
or joint solid waste management district may levy fees upon the | 19251 |
following activities: | 19252 |
(1) The disposal at a solid waste disposal facility located | 19253 |
in the district of solid wastes generated within the district; | 19254 |
(2) The disposal at a solid waste disposal facility within | 19255 |
the district of solid wastes generated outside the boundaries of | 19256 |
the district, but inside this state; | 19257 |
(3) The disposal at a solid waste disposal facility within | 19258 |
the district of solid wastes generated outside the boundaries of | 19259 |
this state. | 19260 |
The solid waste management plan of the county or joint | 19261 |
district approved under section 3734.521 or 3734.55 of the Revised | 19262 |
Code and any amendments to it, or the resolution adopted under | 19263 |
this division, as appropriate, shall establish the rates of the | 19264 |
fees levied under divisions (B)(1), (2), and (3) of this section, | 19265 |
if any, and shall specify whether the fees are levied on the basis | 19266 |
of tons or cubic yards as the unit of measurement. A solid waste | 19267 |
management district that levies fees under this division on the | 19268 |
basis of cubic yards shall do so in accordance with division (A) | 19269 |
of this section. | 19270 |
The fee levied under division (B)(1) of this section shall be | 19271 |
not less than one dollar per ton nor more than two dollars per | 19272 |
ton, the fee levied under division (B)(2) of this section shall be | 19273 |
not less than two dollars per ton nor more than four dollars per | 19274 |
ton, and the fee levied under division (B)(3) of this section | 19275 |
shall be not more than the fee levied under division (B)(1) of | 19276 |
this section. | 19277 |
Prior to the approval of the solid waste management plan of a | 19278 |
district under section 3734.55 of the Revised Code, the solid | 19279 |
waste management policy committee of a district may levy fees | 19280 |
under this division by adopting a resolution establishing the | 19281 |
proposed amount of the fees. Upon adopting the resolution, the | 19282 |
committee shall deliver a copy of the resolution to the board of | 19283 |
county commissioners of each county forming the district and to | 19284 |
the legislative authority of each municipal corporation and | 19285 |
township under the jurisdiction of the district and shall prepare | 19286 |
and publish the resolution and a notice of the time and location | 19287 |
where a public hearing on the fees will be held. Upon adopting the | 19288 |
resolution, the committee shall deliver written notice of the | 19289 |
adoption of the resolution; of the amount of the proposed fees; | 19290 |
and of the date, time, and location of the public hearing to the | 19291 |
director and to the fifty industrial, commercial, or institutional | 19292 |
generators of solid wastes within the district that generate the | 19293 |
largest quantities of solid wastes, as determined by the | 19294 |
committee, and to their local trade associations. The committee | 19295 |
shall make good faith efforts to identify those generators within | 19296 |
the district and their local trade associations, but the | 19297 |
nonprovision of notice under this division to a particular | 19298 |
generator or local trade association does not invalidate the | 19299 |
proceedings under this division. The publication shall occur at | 19300 |
least thirty days before the hearing. After the hearing, the | 19301 |
committee may make such revisions to the proposed fees as it | 19302 |
considers appropriate and thereafter, by resolution, shall adopt | 19303 |
the revised fee schedule. Upon adopting the revised fee schedule, | 19304 |
the committee shall deliver a copy of the resolution doing so to | 19305 |
the board of county commissioners of each county forming the | 19306 |
district and to the legislative authority of each municipal | 19307 |
corporation and township under the jurisdiction of the district. | 19308 |
Within sixty days after the delivery of a copy of the resolution | 19309 |
adopting the proposed revised fees by the policy committee, each | 19310 |
such board and legislative authority, by ordinance or resolution, | 19311 |
shall approve or disapprove the revised fees and deliver a copy of | 19312 |
the ordinance or resolution to the committee. If any such board or | 19313 |
legislative authority fails to adopt and deliver to the policy | 19314 |
committee an ordinance or resolution approving or disapproving the | 19315 |
revised fees within sixty days after the policy committee | 19316 |
delivered its resolution adopting the proposed revised fees, it | 19317 |
shall be conclusively presumed that the board or legislative | 19318 |
authority has approved the proposed revised fees. The committee | 19319 |
shall determine if the resolution has been ratified in the same | 19320 |
manner in which it determines if a draft solid waste management | 19321 |
plan has been ratified under division (B) of section 3734.55 of | 19322 |
the Revised Code. | 19323 |
The committee may amend the schedule of fees levied pursuant | 19324 |
to a resolution adopted and ratified under this division by | 19325 |
adopting a resolution establishing the proposed amount of the | 19326 |
amended fees. The committee may repeal the fees levied pursuant to | 19327 |
such a resolution by adopting a resolution proposing to repeal | 19328 |
them. Upon adopting such a resolution, the committee shall proceed | 19329 |
to obtain ratification of the resolution in accordance with this | 19330 |
division. | 19331 |
Not later than fourteen days after declaring the new fees to | 19332 |
be ratified or the fees to be repealed under this division, the | 19333 |
committee shall notify by certified mail the owner or operator of | 19334 |
each solid waste disposal facility that is required to collect the | 19335 |
fees of the ratification and the amount of the fees or of the | 19336 |
repeal of the fees. Collection of any fees shall commence or | 19337 |
collection of repealed fees shall cease on the first day of the | 19338 |
second month following the month in which notification is sent to | 19339 |
the owner or operator. | 19340 |
Fees levied under this division also may be established, | 19341 |
amended, or repealed by a solid waste management policy committee | 19342 |
through the adoption of a new district solid waste management | 19343 |
plan, the adoption of an amended plan, or the amendment of the | 19344 |
plan or amended plan in accordance with sections 3734.55 and | 19345 |
3734.56 of the Revised Code or the adoption or amendment of a | 19346 |
district plan in connection with a change in district composition | 19347 |
under section 3734.521 of the Revised Code. | 19348 |
Not later than fourteen days after the director issues an | 19349 |
order approving a district's solid waste management plan, amended | 19350 |
plan, or amendment to a plan or amended plan that establishes, | 19351 |
amends, or repeals a schedule of fees levied by the district, the | 19352 |
committee shall notify by certified mail the owner or operator of | 19353 |
each solid waste disposal facility that is required to collect the | 19354 |
fees of the approval of the plan or amended plan, or the amendment | 19355 |
to the plan, as appropriate, and the amount of the fees, if any. | 19356 |
In the case of an initial or amended plan approved under section | 19357 |
3734.521 of the Revised Code in connection with a change in | 19358 |
district composition, other than one involving the withdrawal of a | 19359 |
county from a joint district, the committee, within fourteen days | 19360 |
after the change takes effect pursuant to division (G) of that | 19361 |
section, shall notify by certified mail the owner or operator of | 19362 |
each solid waste disposal facility that is required to collect the | 19363 |
fees that the change has taken effect and of the amount of the | 19364 |
fees, if any. Collection of any fees shall commence or collection | 19365 |
of repealed fees shall cease on the first day of the second month | 19366 |
following the month in which notification is sent to the owner or | 19367 |
operator. | 19368 |
If, in the case of a change in district composition involving | 19369 |
the withdrawal of a county from a joint district, the director | 19370 |
completes the actions required under division (G)(1) or (3) of | 19371 |
section 3734.521 of the Revised Code, as appropriate, forty-five | 19372 |
days or more before the beginning of a calendar year, the policy | 19373 |
committee of each of the districts resulting from the change that | 19374 |
obtained the director's approval of an initial or amended plan in | 19375 |
connection with the change, within fourteen days after the | 19376 |
director's completion of the required actions, shall notify by | 19377 |
certified mail the owner or operator of each solid waste disposal | 19378 |
facility that is required to collect the district's fees that the | 19379 |
change is to take effect on the first day of January immediately | 19380 |
following the issuance of the notice and of the amount of the fees | 19381 |
or amended fees levied under divisions (B)(1) to (3) of this | 19382 |
section pursuant to the district's initial or amended plan as so | 19383 |
approved or, if appropriate, the repeal of the district's fees by | 19384 |
that initial or amended plan. Collection of any fees set forth in | 19385 |
such a plan or amended plan shall commence on the first day of | 19386 |
January immediately following the issuance of the notice. If such | 19387 |
an initial or amended plan repeals a schedule of fees, collection | 19388 |
of the fees shall cease on that first day of January. | 19389 |
If, in the case of a change in district composition involving | 19390 |
the withdrawal of a county from a joint district, the director | 19391 |
completes the actions required under division (G)(1) or (3) of | 19392 |
section 3734.521 of the Revised Code, as appropriate, less than | 19393 |
forty-five days before the beginning of a calendar year, the | 19394 |
director, on behalf of each of the districts resulting from the | 19395 |
change that obtained the director's approval of an initial or | 19396 |
amended plan in connection with the change proceedings, shall | 19397 |
notify by certified mail the owner or operator of each solid waste | 19398 |
disposal facility that is required to collect the district's fees | 19399 |
that the change is to take effect on the first day of January | 19400 |
immediately following the mailing of the notice and of the amount | 19401 |
of the fees or amended fees levied under divisions (B)(1) to (3) | 19402 |
of this section pursuant to the district's initial or amended plan | 19403 |
as so approved or, if appropriate, the repeal of the district's | 19404 |
fees by that initial or amended plan. Collection of any fees set | 19405 |
forth in such a plan or amended plan shall commence on the first | 19406 |
day of the second month following the month in which notification | 19407 |
is sent to the owner or operator. If such an initial or amended | 19408 |
plan repeals a schedule of fees, collection of the fees shall | 19409 |
cease on the first day of the second month following the month in | 19410 |
which notification is sent to the owner or operator. | 19411 |
If the schedule of fees that a solid waste management | 19412 |
district is levying under divisions (B)(1) to (3) of this section | 19413 |
is amended or repealed, the fees in effect immediately prior to | 19414 |
the amendment or repeal shall continue to be collected until | 19415 |
collection of the amended fees commences or collection of the | 19416 |
repealed fees ceases, as applicable, as specified in this | 19417 |
division. In the case of a change in district composition, money | 19418 |
so received from the collection of the fees of the former | 19419 |
districts shall be divided among the resulting districts in | 19420 |
accordance with division (B) of section 343.012 of the Revised | 19421 |
Code and the agreements entered into under division (B) of section | 19422 |
343.01 of the Revised Code to establish the former and resulting | 19423 |
districts and any amendments to those agreements. | 19424 |
For the purposes of the provisions of division (B) of this | 19425 |
section establishing the times when newly established or amended | 19426 |
fees levied by a district are required to commence and the | 19427 |
collection of fees that have been amended or repealed is required | 19428 |
to cease, "fees" or "schedule of fees" includes, in addition to | 19429 |
fees levied under divisions (B)(1) to (3) of this section, those | 19430 |
levied under section 3734.573 or 3734.574 of the Revised Code. | 19431 |
(C) For the purposes of defraying the added costs to a | 19432 |
municipal corporation or township of maintaining roads and other | 19433 |
public facilities and of providing emergency and other public | 19434 |
services, and compensating a municipal corporation or township for | 19435 |
reductions in real property tax revenues due to reductions in real | 19436 |
property valuations resulting from the location and operation of a | 19437 |
solid waste disposal facility within the municipal corporation or | 19438 |
township, a municipal corporation or township in which such a | 19439 |
solid waste disposal facility is located may levy a fee of not | 19440 |
more than twenty-five cents per ton on the disposal of solid | 19441 |
wastes at a solid waste disposal facility located within the | 19442 |
boundaries of the municipal corporation or township regardless of | 19443 |
where the wastes were generated. | 19444 |
The legislative authority of a municipal corporation or | 19445 |
township may levy fees under this division by enacting an | 19446 |
ordinance or adopting a resolution establishing the amount of the | 19447 |
fees. Upon so doing the legislative authority shall mail a | 19448 |
certified copy of the ordinance or resolution to the board of | 19449 |
county commissioners or directors of the county or joint solid | 19450 |
waste management district in which the municipal corporation or | 19451 |
township is located or, if a regional solid waste management | 19452 |
authority has been formed under section 343.011 of the Revised | 19453 |
Code, to the board of trustees of that regional authority, the | 19454 |
owner or operator of each solid waste disposal facility in the | 19455 |
municipal corporation or township that is required to collect the | 19456 |
fee by the ordinance or resolution, and the director of | 19457 |
environmental protection. Although the fees levied under this | 19458 |
division are levied on the basis of tons as the unit of | 19459 |
measurement, the legislative authority, in its ordinance or | 19460 |
resolution levying the fees under this division, may direct that | 19461 |
the fees be levied on the basis of cubic yards as the unit of | 19462 |
measurement based upon a conversion factor of three cubic yards | 19463 |
per ton generally or one cubic yard per ton for baled wastes. | 19464 |
Not later than five days after enacting an ordinance or | 19465 |
adopting a resolution under this division, the legislative | 19466 |
authority shall so notify by certified mail the owner or operator | 19467 |
of each solid waste disposal facility that is required to collect | 19468 |
the fee. Collection of any fee levied on or after March 24, 1992, | 19469 |
shall commence on the first day of the second month following the | 19470 |
month in which notification is sent to the owner or operator. | 19471 |
(D)(1) The fees levied under divisions (A), (B), and (C) of | 19472 |
this section do not apply to the disposal of solid wastes that: | 19473 |
(a) Are disposed of at a facility owned by the generator of | 19474 |
the wastes when the solid waste facility exclusively disposes of | 19475 |
solid wastes generated at one or more premises owned by the | 19476 |
generator regardless of whether the facility is located on a | 19477 |
premises where the wastes are generated; | 19478 |
(b) Are disposed of at facilities that exclusively dispose of | 19479 |
wastes that are generated from the combustion of coal, or from the | 19480 |
combustion of primarily coal in combination with scrap tires, that | 19481 |
is not combined in any way with garbage at one or more premises | 19482 |
owned by the generator. | 19483 |
(2) Except as provided in section 3734.571 of the Revised | 19484 |
Code, any fees levied under division (B)(1) of this section apply | 19485 |
to solid wastes originating outside the boundaries of a county or | 19486 |
joint district that are covered by an agreement for the joint use | 19487 |
of solid waste facilities entered into under section 343.02 of the | 19488 |
Revised Code by the board of county commissioners or board of | 19489 |
directors of the county or joint district where the wastes are | 19490 |
generated and disposed of. | 19491 |
(3) When solid wastes, other than solid wastes that consist | 19492 |
of scrap tires, are burned in a disposal facility that is an | 19493 |
incinerator or energy recovery facility, the fees levied under | 19494 |
divisions (A), (B), and (C) of this section shall be levied upon | 19495 |
the disposal of the fly ash and bottom ash remaining after burning | 19496 |
of the solid wastes and shall be collected by the owner or | 19497 |
operator of the sanitary landfill where the ash is disposed of. | 19498 |
(4) When solid wastes are delivered to a solid waste transfer | 19499 |
facility, the fees levied under divisions (B) and (C) of this | 19500 |
section shall be levied upon the disposal of solid wastes | 19501 |
transported off the premises of the transfer facility for disposal | 19502 |
and shall be collected by the owner or operator of the solid waste | 19503 |
disposal facility where the wastes are disposed of. | 19504 |
(5) The fees levied under divisions (A), (B), and (C) of this | 19505 |
section do not apply to sewage sludge that is generated by a waste | 19506 |
water treatment facility holding a national pollutant discharge | 19507 |
elimination system permit and that is disposed of through | 19508 |
incineration, land application, or composting or at another | 19509 |
resource recovery or disposal facility that is not a landfill. | 19510 |
(6) The fees levied under divisions (A), (B), and (C) of this | 19511 |
section do not apply to solid wastes delivered to a solid waste | 19512 |
composting facility for processing. When any unprocessed solid | 19513 |
waste or compost product is transported off the premises of a | 19514 |
composting facility and disposed of at a landfill, the fees levied | 19515 |
under divisions (A), (B), and (C) of this section shall be | 19516 |
collected by the owner or operator of the landfill where the | 19517 |
unprocessed waste or compost product is disposed of. | 19518 |
(7) When solid wastes that consist of scrap tires are | 19519 |
processed at a scrap tire recovery facility, the fees levied under | 19520 |
divisions (A), (B), and (C) of this section shall be levied upon | 19521 |
the disposal of the fly ash and bottom ash or other solid wastes | 19522 |
remaining after the processing of the scrap tires and shall be | 19523 |
collected by the owner or operator of the solid waste disposal | 19524 |
facility where the ash or other solid wastes are disposed of. | 19525 |
(8) The director of environmental protection may issue an | 19526 |
order exempting from the fees levied under this section solid | 19527 |
wastes, including, but not limited to, scrap tires, that are | 19528 |
generated, transferred, or disposed of as a result of a contract | 19529 |
providing for the expenditure of public funds entered into by the | 19530 |
administrator or regional administrator of the United States | 19531 |
environmental protection agency, the director of environmental | 19532 |
protection, or the director of administrative services on behalf | 19533 |
of the director of environmental protection for the purpose of | 19534 |
remediating conditions at a hazardous waste facility, solid waste | 19535 |
facility, or other location at which the administrator or regional | 19536 |
administrator or the director of environmental protection has | 19537 |
reason to believe that there is a substantial threat to public | 19538 |
health or safety or the environment or that the conditions are | 19539 |
causing or contributing to air or water pollution or soil | 19540 |
contamination. An order issued by the director of environmental | 19541 |
protection under division (D)(8) of this section shall include a | 19542 |
determination that the amount of the fees not received by a solid | 19543 |
waste management district as a result of the order will not | 19544 |
adversely impact the implementation and financing of the | 19545 |
district's approved solid waste management plan and any approved | 19546 |
amendments to the plan. Such an order is a final action of the | 19547 |
director of environmental protection. | 19548 |
(E) The fees levied under divisions (B) and (C) of this | 19549 |
section shall be collected by the owner or operator of the solid | 19550 |
waste disposal facility where the wastes are disposed of as a | 19551 |
trustee for the county or joint district and municipal corporation | 19552 |
or township where the wastes are disposed of. Moneys from the fees | 19553 |
levied under division (B) of this section shall be forwarded to | 19554 |
the board of county commissioners or board of directors of the | 19555 |
district in accordance with rules adopted under division (H) of | 19556 |
this section. Moneys from the fees levied under division (C) of | 19557 |
this section shall be forwarded to the treasurer or such other | 19558 |
officer of the municipal corporation as, by virtue of the charter, | 19559 |
has the duties of the treasurer or to the fiscal officer of the | 19560 |
township, as appropriate, in accordance with those rules. | 19561 |
(F) Moneys received by the treasurer or other officer of the | 19562 |
municipal corporation under division (E) of this section shall be | 19563 |
paid into the general fund of the municipal corporation. Moneys | 19564 |
received by the fiscal officer of the township under that division | 19565 |
shall be paid into the general fund of the township. The treasurer | 19566 |
or other officer of the municipal corporation or the township | 19567 |
fiscal officer, as appropriate, shall maintain separate records of | 19568 |
the moneys received from the fees levied under division (C) of | 19569 |
this section. | 19570 |
(G) Moneys received by the board of county commissioners or | 19571 |
board of directors under division (E) of this section or section | 19572 |
3734.571, 3734.572, 3734.573, or 3734.574 of the Revised Code | 19573 |
shall be paid to the county treasurer, or other official acting in | 19574 |
a similar capacity under a county charter, in a county district or | 19575 |
to the county treasurer or other official designated by the board | 19576 |
of directors in a joint district and kept in a separate and | 19577 |
distinct fund to the credit of the district. If a regional solid | 19578 |
waste management authority has been formed under section 343.011 | 19579 |
of the Revised Code, moneys received by the board of trustees of | 19580 |
that regional authority under division (E) of this section shall | 19581 |
be kept by the board in a separate and distinct fund to the credit | 19582 |
of the district. Moneys in the special fund of the county or joint | 19583 |
district arising from the fees levied under division (B) of this | 19584 |
section and the fee levied under division (A) of section 3734.573 | 19585 |
of the Revised Code shall be expended by the board of county | 19586 |
commissioners or directors of the district in accordance with the | 19587 |
district's solid waste management plan or amended plan approved | 19588 |
under section 3734.521, 3734.55, or 3734.56 of the Revised Code | 19589 |
exclusively for the following purposes: | 19590 |
(1) Preparation of the solid waste management plan of the | 19591 |
district under section 3734.54 of the Revised Code, monitoring | 19592 |
implementation of the plan, and conducting the periodic review and | 19593 |
amendment of the plan required by section 3734.56 of the Revised | 19594 |
Code by the solid waste management policy committee; | 19595 |
(2) Implementation of the approved solid waste management | 19596 |
plan or amended plan of the district, including, without | 19597 |
limitation, the development and implementation of solid waste | 19598 |
recycling or reduction programs; | 19599 |
(3) Providing financial assistance to boards of health within | 19600 |
the district, if solid waste facilities are located within the | 19601 |
district, for enforcement of this chapter and rules, orders, and | 19602 |
terms and conditions of permits, licenses, and variances adopted | 19603 |
or issued under it, other than the hazardous waste provisions of | 19604 |
this chapter and rules adopted and orders and terms and conditions | 19605 |
of permits issued under those provisions; | 19606 |
(4) Providing financial assistance to each county within the | 19607 |
district to defray the added costs of maintaining roads and other | 19608 |
public facilities and of providing emergency and other public | 19609 |
services resulting from the location and operation of a solid | 19610 |
waste facility within the county under the district's approved | 19611 |
solid waste management plan or amended plan; | 19612 |
(5) Pursuant to contracts entered into with boards of health | 19613 |
within the district, if solid waste facilities contained in the | 19614 |
district's approved plan or amended plan are located within the | 19615 |
district, for paying the costs incurred by those boards of health | 19616 |
for collecting and analyzing samples from public or private water | 19617 |
wells on lands adjacent to those facilities; | 19618 |
(6) Developing and implementing a program for the inspection | 19619 |
of solid wastes generated outside the boundaries of this state | 19620 |
that are disposed of at solid waste facilities included in the | 19621 |
district's approved solid waste management plan or amended plan; | 19622 |
(7) Providing financial assistance to boards of health within | 19623 |
the district for the enforcement of section 3734.03 of the Revised | 19624 |
Code or to local law enforcement agencies having jurisdiction | 19625 |
within the district for enforcing anti-littering laws and | 19626 |
ordinances; | 19627 |
(8) Providing financial assistance to boards of health of | 19628 |
health districts within the district that are on the approved list | 19629 |
under section 3734.08 of the Revised Code to defray the costs to | 19630 |
the health districts for the participation of their employees | 19631 |
responsible for enforcement of the solid waste provisions of this | 19632 |
chapter and rules adopted and orders and terms and conditions of | 19633 |
permits, licenses, and variances issued under those provisions in | 19634 |
the training and certification program as required by rules | 19635 |
adopted under division (L) of section 3734.02 of the Revised Code; | 19636 |
(9) Providing financial assistance to individual municipal | 19637 |
corporations and townships within the district to defray their | 19638 |
added costs of maintaining roads and other public facilities and | 19639 |
of providing emergency and other public services resulting from | 19640 |
the location and operation within their boundaries of a | 19641 |
composting, energy or resource recovery, incineration, or | 19642 |
recycling facility that either is owned by the district or is | 19643 |
furnishing solid waste management facility or recycling services | 19644 |
to the district pursuant to a contract or agreement with the board | 19645 |
of county commissioners or directors of the district; | 19646 |
(10) Payment of any expenses that are agreed to, awarded, or | 19647 |
ordered to be paid under section 3734.35 of the Revised Code and | 19648 |
of any administrative costs incurred pursuant to that section. In | 19649 |
the case of a joint solid waste management district, if the board | 19650 |
of county commissioners of one of the counties in the district is | 19651 |
negotiating on behalf of affected communities, as defined in that | 19652 |
section, in that county, the board shall obtain the approval of | 19653 |
the board of directors of the district in order to expend moneys | 19654 |
for administrative costs incurred. | 19655 |
Prior to the approval of the district's solid waste | 19656 |
management plan under section 3734.55 of the Revised Code, moneys | 19657 |
in the special fund of the district arising from the fees shall be | 19658 |
expended for those purposes in the manner prescribed by the solid | 19659 |
waste management policy committee by resolution. | 19660 |
Notwithstanding division (G)(6) of this section as it existed | 19661 |
prior to October 29, 1993, or any provision in a district's solid | 19662 |
waste management plan prepared in accordance with division | 19663 |
(B)(2)(e) of section 3734.53 of the Revised Code as it existed | 19664 |
prior to that date, any moneys arising from the fees levied under | 19665 |
division (B)(3) of this section prior to January 1, 1994, may be | 19666 |
expended for any of the purposes authorized in divisions (G)(1) to | 19667 |
(10) of this section. | 19668 |
(H) The director shall adopt rules in accordance with Chapter | 19669 |
119. of the Revised Code prescribing procedures for collecting and | 19670 |
forwarding the fees levied under divisions (B) and (C) of this | 19671 |
section to the boards of county commissioners or directors of | 19672 |
county or joint solid waste management districts and to the | 19673 |
treasurers or other officers of municipal corporations and the | 19674 |
fiscal officers of townships. The rules also shall prescribe the | 19675 |
dates for forwarding the fees to the boards and officials and may | 19676 |
prescribe any other requirements the director considers necessary | 19677 |
or appropriate to implement and administer divisions (A), (B), and | 19678 |
(C) of this section. | 19679 |
Sec. 3735.67. (A) The owner of real property located in a | 19680 |
community reinvestment area and eligible for exemption from | 19681 |
taxation under a resolution adopted pursuant to section 3735.66 of | 19682 |
the Revised Code may file an application for an exemption from | 19683 |
real property taxation of a percentage of the assessed valuation | 19684 |
of a new structure or remodeling, completed after the effective | 19685 |
date of the resolution adopted pursuant to section 3735.66 of the | 19686 |
Revised Code, with the housing officer designated pursuant to | 19687 |
section 3735.66 of the Revised Code for the community reinvestment | 19688 |
area in which the property is located. If any part of the new | 19689 |
structure or remodeling that would be exempted is of real property | 19690 |
to be used for commercial or industrial purposes, the legislative | 19691 |
authority and the owner of the property shall enter into a written | 19692 |
agreement pursuant to section 3735.671 of the Revised Code prior | 19693 |
to commencement of construction or remodeling; if such an | 19694 |
agreement is subject to approval by the board of education of the | 19695 |
school district within the territory of which the property is or | 19696 |
will be located, the agreement shall not be formally approved by | 19697 |
the legislative authority until the board of education approves | 19698 |
the agreement in the manner prescribed by that section. | 19699 |
(B) The housing officer shall verify the construction of the | 19700 |
new structure or the cost of the remodeling and the facts asserted | 19701 |
in the application. The housing officer shall determine whether | 19702 |
the construction or the cost of the remodeling meets the | 19703 |
requirements for an exemption under this section. In cases | 19704 |
involving a structure of historical or architectural significance, | 19705 |
the housing officer shall not determine whether the remodeling | 19706 |
meets the requirements for a tax exemption unless the | 19707 |
appropriateness of the remodeling has been certified, in writing, | 19708 |
by the society, association, agency, or legislative authority that | 19709 |
has designated the structure or by any organization or person | 19710 |
authorized, in writing, by such society, association, agency, or | 19711 |
legislative authority to certify the appropriateness of the | 19712 |
remodeling. | 19713 |
(C) If the construction or remodeling meets the requirements | 19714 |
for exemption, the housing officer shall forward the application | 19715 |
to the county auditor with a certification as to the division of | 19716 |
this section under which the exemption is granted, and the period | 19717 |
and percentage of the exemption as determined by the legislative | 19718 |
authority pursuant to that division. If the construction or | 19719 |
remodeling is of commercial or industrial property and the | 19720 |
legislative authority is not required to certify a copy of a | 19721 |
resolution under section 3735.671 of the Revised Code, the housing | 19722 |
officer shall comply with the notice requirements prescribed under | 19723 |
section 5709.83 of the Revised Code, unless the board has adopted | 19724 |
a resolution under that section waiving its right to receive such | 19725 |
a notice. | 19726 |
(D) | 19727 |
the tax exemption shall first apply in the year the construction | 19728 |
or remodeling would first be taxable but for this section. In the | 19729 |
case of remodeling that qualifies for exemption, a percentage, not | 19730 |
to exceed one hundred per cent, of the amount by which the | 19731 |
remodeling increased the assessed value of the structure shall be | 19732 |
exempted from real property taxation. In the case of construction | 19733 |
of a structure that qualifies for exemption, a percentage, not to | 19734 |
exceed one hundred per cent, of the assessed value of the | 19735 |
structure shall be exempted from real property taxation. In either | 19736 |
case, the percentage shall be the percentage set forth in the | 19737 |
agreement if the structure or remodeling is to be used for | 19738 |
commercial or industrial purposes, or the percentage set forth in | 19739 |
the resolution describing the community reinvestment area if the | 19740 |
structure or remodeling is to be used for residential purposes. | 19741 |
The construction of new structures and the remodeling of | 19742 |
existing structures are hereby declared to be a public purpose for | 19743 |
which exemptions from real property taxation may be granted for | 19744 |
the following periods: | 19745 |
(1) For every dwelling containing not more than two family | 19746 |
units located within the same community reinvestment area and upon | 19747 |
which the cost of remodeling is at least two thousand five hundred | 19748 |
dollars, a period to be determined by the legislative authority | 19749 |
adopting the resolution describing the community reinvestment area | 19750 |
where the dwelling is located, but not exceeding ten years; | 19751 |
(2) For every dwelling containing more than two units and | 19752 |
commercial or industrial properties, located within the same | 19753 |
community reinvestment area, upon which the cost of remodeling is | 19754 |
at least five thousand dollars, a period to be determined by the | 19755 |
legislative authority adopting the resolution, but not exceeding | 19756 |
twelve years; | 19757 |
(3) | 19758 |
for construction of every dwelling, and commercial or industrial | 19759 |
structure located within the same community reinvestment area, a | 19760 |
period to be determined by the legislative authority adopting the | 19761 |
resolution, but not exceeding fifteen years. | 19762 |
(E) Any person, board, or officer authorized by section | 19763 |
5715.19 of the Revised Code to file complaints with the county | 19764 |
board of revision may file a complaint with the housing officer | 19765 |
challenging the continued exemption of any property granted an | 19766 |
exemption under this section. A complaint against exemption shall | 19767 |
be filed prior to the thirty-first day of December of the tax year | 19768 |
for which taxation of the property is requested. The housing | 19769 |
officer shall determine whether the property continues to meet the | 19770 |
requirements for exemption and shall certify the housing officer's | 19771 |
findings to the complainant. If the housing officer determines | 19772 |
that the property does not meet the requirements for exemption, | 19773 |
the housing officer shall notify the county auditor, who shall | 19774 |
correct the tax list and duplicate accordingly. | 19775 |
(F) The owner of a dwelling constructed in a community | 19776 |
reinvestment area may file an application for an exemption after | 19777 |
the year the construction first became subject to taxation. The | 19778 |
application shall be processed in accordance with the procedures | 19779 |
prescribed under this section and shall be granted if the | 19780 |
construction that is the subject of the application otherwise | 19781 |
meets the requirements for an exemption under this section. If | 19782 |
approved, the exemption sought in the application first applies in | 19783 |
the year the application is filed. An exemption approved pursuant | 19784 |
to this division continues only for those years remaining in the | 19785 |
period described in division (D)(3) of this section. No exemption | 19786 |
may be claimed for any year in that period that precedes the year | 19787 |
in which the application is filed. | 19788 |
Sec. 3745.114. (A) A person that applies for a section 401 | 19789 |
water quality certification under Chapter 6111. of the Revised | 19790 |
Code and rules adopted under it shall pay an application fee of | 19791 |
two hundred dollars at the time of application plus any of the | 19792 |
following fees, as applicable: | 19793 |
(1) If the water resource to be impacted is a wetland, a | 19794 |
review fee of five hundred dollars per acre of wetland to be | 19795 |
impacted; | 19796 |
(2) If the water resource to be impacted is a stream one of | 19797 |
the following fees, as applicable: | 19798 |
(a) For an ephemeral stream, a review fee of five dollars per | 19799 |
linear foot of stream to be impacted, or two hundred dollars, | 19800 |
whichever is greater; | 19801 |
(b) For an intermittent stream, a review fee of ten dollars | 19802 |
per linear foot of stream to be impacted, or two hundred dollars, | 19803 |
whichever is greater; | 19804 |
(c) For a perennial stream, a review fee of fifteen dollars | 19805 |
per linear foot of stream to be impacted, or two hundred dollars, | 19806 |
whichever is greater. | 19807 |
(3) If the water resource to be impacted is a lake, a review | 19808 |
fee of three dollars per cubic yard of dredged or fill material to | 19809 |
be moved. | 19810 |
(B) One-half of all applicable review fees levied under this | 19811 |
section shall be due at the time of application for a section 401 | 19812 |
water quality certification. The remainder of the fees shall be | 19813 |
paid upon the final disposition of the application for a section | 19814 |
401 water quality certification. The total fee to be paid under | 19815 |
this section shall not exceed twenty-five thousand dollars per | 19816 |
application. However, if the applicant is a county, township, or | 19817 |
municipal corporation in this state, the total fee to be paid | 19818 |
shall not exceed five thousand dollars per application. | 19819 |
(C) All money collected under this section shall be | 19820 |
transmitted to the treasurer of state for deposit into the state | 19821 |
treasury to the credit of the surface water protection fund | 19822 |
created in section 6111.038 of the Revised Code. | 19823 |
(D) The fees established under this section do not apply to | 19824 |
any state agency as defined in section 119.01 of the Revised Code | 19825 |
or to the United States army corps of engineers. | 19826 |
(E) The fees established under this section do not apply to | 19827 |
projects that are authorized by the environmental protection | 19828 |
agency's general certifications of nationwide permits or general | 19829 |
permits issued by the United States army corps of engineers. As | 19830 |
used in this division, "general permit" and "nationwide permit" | 19831 |
have the same meanings as in rules adopted under Chapter 6111. of | 19832 |
the Revised Code. | 19833 |
(F) Coal mining and reclamation operations that are | 19834 |
authorized under Chapter 1513. of the Revised Code are exempt from | 19835 |
the fees established under this | 19836 |
19837 | |
amendment. | 19838 |
(G) As used in this section: | 19839 |
(1) "Ephemeral stream" means a stream that flows only in | 19840 |
direct response to precipitation in the immediate watershed or in | 19841 |
response to the melting of a cover of snow and ice and that has | 19842 |
channel bottom that is always above the local water table. | 19843 |
(2) "Intermittent stream" means a stream that is below the | 19844 |
local water table and flows for at least a part of each year and | 19845 |
that obtains its flow from both surface runoff and ground water | 19846 |
discharge. | 19847 |
(3) "Perennial stream" means a stream or a part of a stream | 19848 |
that flows continuously during all of the calendar year as a | 19849 |
result of ground water discharge or surface water runoff. | 19850 |
"Perennial stream" does not include an intermittent stream or an | 19851 |
ephemeral stream. | 19852 |
Sec. 3905.43. No person, firm, association, partnership, | 19853 |
company, or corporation shall publish or distribute or receive and | 19854 |
print for publication or distribution any advertising matter in | 19855 |
which insurance business is solicited, unless such advertiser has | 19856 |
complied with the laws of this state regulating the business of | 19857 |
insurance | 19858 |
19859 |
Sec. 4109.01. As used in this chapter: | 19860 |
(A) "Employ" means to permit or suffer to work. | 19861 |
(B) "Employer" means the state, its political subdivisions, | 19862 |
and every person who employs any individual. | 19863 |
(C) "Enforcement official" means the director of commerce or | 19864 |
the director's authorized representative, the superintendent of | 19865 |
public instruction or the superintendent's authorized | 19866 |
representative, any school attendance officer, any probation | 19867 |
officer, the director of health or the director of health's | 19868 |
authorized representative, and any representative of a local | 19869 |
department of health. | 19870 |
(D) "Minor" means any person less than eighteen years of age. | 19871 |
(E) "Seasonal amusement or recreational establishment" means | 19872 |
both of the following: | 19873 |
(1) An amusement or recreational establishment that does not | 19874 |
operate for more than seven months in any calendar year; | 19875 |
(2) An amusement or recreational establishment whose average | 19876 |
receipts for any six months during the preceding calendar year | 19877 |
were not more than thirty-three and one-third per cent of its | 19878 |
average receipts for the other six months of that calendar year. | 19879 |
Sec. 4109.02. (A) Except as provided in division (B) of this | 19880 |
section or in section 4109.06 of the Revised Code, no minor of | 19881 |
compulsory school age shall be employed by any employer unless the | 19882 |
minor presents to the employer a proper age and schooling | 19883 |
certificate as a condition of employment. | 19884 |
A valid certificate constitutes conclusive evidence of the | 19885 |
age of the minor and of the employer's right to employ the minor | 19886 |
in occupations not denied by law to minors of that age under | 19887 |
section 4109.06 of the Revised Code or rules adopted under that | 19888 |
section. | 19889 |
(B) | 19890 |
not required to provide an age and schooling certificate as a | 19891 |
condition
of employment | 19892 |
| 19893 |
vacation months after the last day of the school term in the | 19894 |
spring and before the first day of the school term in the fall, in | 19895 |
nonagricultural and nonhazardous employment as defined by the | 19896 |
"Fair Labor Standards Act of 1938," 52 Stat. 1060, 29 U.S.C.A. | 19897 |
201, and similar state statutes, or in other employment not | 19898 |
prohibited to minors age sixteen or seventeen by
law | 19899 |
| 19900 |
19901 | |
19902 | |
19903 | |
19904 | |
19905 | |
19906 | |
19907 |
| 19908 |
19909 | |
19910 | |
19911 |
| 19912 |
19913 | |
19914 | |
19915 | |
19916 | |
19917 |
(C) To be hired for the type of employment described in | 19918 |
division (B) of this section, minors shall provide the employer | 19919 |
with the following: | 19920 |
(1) Evidence of proof of age in the same manner as proof of | 19921 |
age is provided the superintendent of schools or chief | 19922 |
administrative officer under division (A)(3) of section 3331.02 of | 19923 |
the Revised Code; | 19924 |
(2) A statement signed by the minor's parent or guardian | 19925 |
consenting to the proposed employment. For the purposes of this | 19926 |
section, in the absence of a parent or guardian, a person over | 19927 |
eighteen years of age with whom the minor resides may sign the | 19928 |
statement. | 19929 |
| 19930 |
19931 | |
19932 | |
19933 | |
19934 |
| 19935 |
| 19936 |
19937 |
| 19938 |
19939 |
| 19940 |
19941 |
| 19942 |
19943 | |
19944 | |
19945 |
Sec. 4109.06. (A) This chapter does not apply to the | 19946 |
following: | 19947 |
(1) Minors who are students working on any properly guarded | 19948 |
machines in the manual training department of any school when the | 19949 |
work is performed under the personal supervision of an instructor; | 19950 |
(2) Students participating in a vocational program approved | 19951 |
by the Ohio department of education; | 19952 |
(3) A minor participating in a play, pageant, or concert | 19953 |
produced by an outdoor historical drama corporation, a | 19954 |
professional traveling theatrical production, a professional | 19955 |
concert tour, or a personal appearance tour as a professional | 19956 |
motion picture star, or as an actor or performer in motion | 19957 |
pictures or in radio or television productions in accordance with | 19958 |
the rules adopted pursuant to division (A) of section 4109.05 of | 19959 |
the Revised Code; | 19960 |
(4) The participation, without remuneration of a minor and | 19961 |
with the consent of a parent or guardian, in a performance given | 19962 |
by a church, school, or academy, or at a concert or entertainment | 19963 |
given solely for charitable purposes, or by a charitable or | 19964 |
religious institution; | 19965 |
(5) Minors who are employed by their parents in occupations | 19966 |
other than occupations prohibited by rule adopted under this | 19967 |
chapter; | 19968 |
(6) Minors engaged in the delivery of newspapers to the | 19969 |
consumer; | 19970 |
(7) Minors who have received a high school diploma or a | 19971 |
certificate of attendance from an accredited secondary school or a | 19972 |
certificate of high school equivalence; | 19973 |
(8) Minors who are currently heads of households or are | 19974 |
parents contributing to the support of their children; | 19975 |
(9) Minors engaged in lawn mowing, snow shoveling, and other | 19976 |
related employment; | 19977 |
(10) Minors employed in agricultural employment in connection | 19978 |
with farms operated by their parents, grandparents, or guardians | 19979 |
where they are members of the guardians' household. Minors are not | 19980 |
exempt from this chapter if they reside in agricultural labor | 19981 |
camps as defined in section 3733.41 of the Revised Code; | 19982 |
(11) Students participating in a program to serve as precinct | 19983 |
officers as authorized by section 3501.22 of the Revised Code. | 19984 |
(B) Sections 4109.02, 4109.08, 4109.09, and 4109.11 of the | 19985 |
Revised Code do not apply to the following: | 19986 |
(1) Minors who work in a sheltered workshop operated by a | 19987 |
county board of mental retardation; | 19988 |
(2) Minors performing services for a nonprofit organization | 19989 |
where the minor receives no compensation, except for any expenses | 19990 |
incurred by the minor or except for meals provided to the minor; | 19991 |
(3) Minors who are employed in agricultural employment and | 19992 |
who do not reside in agricultural labor camps. | 19993 |
(C) Division (D) of section 4109.07 of the Revised Code does | 19994 |
not apply to minors who have their employment hours established as | 19995 |
follows: | 19996 |
(1) A minor adjudicated to be an unruly child or delinquent | 19997 |
child who, as a result of the adjudication, is placed on probation | 19998 |
may either file a petition in the juvenile court in whose | 19999 |
jurisdiction the minor resides, or apply to the superintendent or | 20000 |
to the chief administrative officer who issued the minor's age and | 20001 |
schooling certificate pursuant to section 3331.01 of the Revised | 20002 |
Code, alleging the restrictions on the hours of employment | 20003 |
described in division (D) of section 4109.07 of the Revised Code | 20004 |
will cause a substantial hardship or are not in the minor's best | 20005 |
interests. Upon receipt of a petition or application, the court, | 20006 |
the superintendent, or the chief administrative officer, as | 20007 |
appropriate, shall consult with the person required to supervise | 20008 |
the minor on probation. If after that consultation, the court, the | 20009 |
superintendent, or the chief administrative officer finds the | 20010 |
minor has failed to show the restrictions will result in a | 20011 |
substantial hardship or that the restrictions are not in the | 20012 |
minor's best interests, the court, the superintendent, or the | 20013 |
chief administrative officer shall uphold the restrictions. If | 20014 |
after that consultation, the court, the superintendent, or the | 20015 |
chief administrative officer finds the minor has shown the | 20016 |
restricted hours will cause a substantial hardship or are not in | 20017 |
the minor's best interests, the court, the superintendent, or the | 20018 |
chief administrative officer shall establish differing hours of | 20019 |
employment for the minor and notify the minor and the minor's | 20020 |
employer of those hours, which shall be binding in lieu of the | 20021 |
restrictions on the hours of employment described in division (D) | 20022 |
of section 4109.07 of the Revised Code. | 20023 |
(2) Any minor to whom division (C)(1) of this section does | 20024 |
not apply may either file a petition in the juvenile court in | 20025 |
whose jurisdiction the person resides, or apply to the | 20026 |
superintendent or to the chief administrative officer who issued | 20027 |
the minor's age and schooling certificate pursuant to section | 20028 |
3331.01 of the Revised Code, alleging the restrictions on the | 20029 |
hours of employment described in division (D) of section 4109.07 | 20030 |
of the Revised Code will cause a substantial hardship or are not | 20031 |
in the minor's best interests. | 20032 |
If, as a result of a petition or application, the court, the | 20033 |
superintendent, or the chief administrative officer, as | 20034 |
appropriate, finds the minor has failed to show such restrictions | 20035 |
will result in a substantial hardship or that the restrictions are | 20036 |
not in the minor's best interests, the court, the superintendent, | 20037 |
or the chief administrative officer shall uphold the restrictions. | 20038 |
If the court, the superintendent, or the chief administrative | 20039 |
officer finds the minor has shown the restricted hours will cause | 20040 |
a substantial hardship or are not in the minor's best interests, | 20041 |
the court, the superintendent, or the chief administrative officer | 20042 |
shall establish the hours of employment for the minor and shall | 20043 |
notify the minor and the minor's employer of those hours. | 20044 |
(D) Section 4109.03, divisions (A) and (C) of section | 20045 |
4109.02, and division (B) of section 4109.08 of the Revised Code | 20046 |
do not apply to minors who are sixteen or seventeen years of age | 20047 |
and who are employed at a seasonal amusement or recreational | 20048 |
establishment. | 20049 |
(E) As used in this section, "certificate of high school | 20050 |
equivalence" means a statement issued by the state board of | 20051 |
education or an equivalent agency of another state that the holder | 20052 |
of the statement has achieved the equivalent of a high school | 20053 |
education as measured by scores obtained on the tests of general | 20054 |
educational development published by the American council on | 20055 |
education. | 20056 |
Sec. 4117.01. As used in this chapter: | 20057 |
(A) "Person," in addition to those included in division (C) | 20058 |
of section 1.59 of the Revised Code, includes employee | 20059 |
organizations, public employees, and public employers. | 20060 |
(B) "Public employer" means the state or any political | 20061 |
subdivision of the state located entirely within the state, | 20062 |
including, without limitation, any municipal corporation with a | 20063 |
population of at least five thousand according to the most recent | 20064 |
federal decennial census; county; township with a population of at | 20065 |
least five thousand in the unincorporated area of the township | 20066 |
according to the most recent federal decennial census; school | 20067 |
district; governing authority of a community school established | 20068 |
under Chapter 3314. of the Revised Code; state institution of | 20069 |
higher learning; public or special district; state agency, | 20070 |
authority, commission, or board; or other branch of public | 20071 |
employment. | 20072 |
(C) "Public employee" means any person holding a position by | 20073 |
appointment or employment in the service of a public employer, | 20074 |
including any person working pursuant to a contract between a | 20075 |
public employer and a private employer and over whom the national | 20076 |
labor relations board has declined jurisdiction on the basis that | 20077 |
the involved employees are employees of a public employer, except: | 20078 |
(1) Persons holding elective office; | 20079 |
(2) Employees of the general assembly and employees of any | 20080 |
other legislative body of the public employer whose principal | 20081 |
duties are directly related to the legislative functions of the | 20082 |
body; | 20083 |
(3) Employees on the staff of the governor or the chief | 20084 |
executive of the public employer whose principal duties are | 20085 |
directly related to the performance of the executive functions of | 20086 |
the governor or the chief executive; | 20087 |
(4) Persons who are members of the Ohio organized militia, | 20088 |
while training or performing duty under section 5919.29 or 5923.12 | 20089 |
of the Revised Code; | 20090 |
(5) Employees of the state employment relations board; | 20091 |
(6) Confidential employees; | 20092 |
(7) Management level employees; | 20093 |
(8) Employees and officers of the courts, assistants to the | 20094 |
attorney general, assistant prosecuting attorneys, and employees | 20095 |
of the clerks of courts who perform a judicial function; | 20096 |
(9) Employees of a public official who act in a fiduciary | 20097 |
capacity, appointed pursuant to section 124.11 of the Revised | 20098 |
Code; | 20099 |
(10) Supervisors; | 20100 |
(11) Students whose primary purpose is educational training, | 20101 |
including graduate assistants or associates, residents, interns, | 20102 |
or other students working as part-time public employees less than | 20103 |
fifty per cent of the normal year in the employee's bargaining | 20104 |
unit; | 20105 |
(12) Employees of county boards of election; | 20106 |
(13) Seasonal and casual employees as determined by the state | 20107 |
employment relations board; | 20108 |
(14) Part-time faculty members of an institution of higher | 20109 |
education; | 20110 |
(15) Employees of the state personnel board of review; | 20111 |
(16) Participants in a work activity, developmental activity, | 20112 |
or alternative work activity under sections 5107.40 to 5107.69 of | 20113 |
the Revised Code who perform a service for a public employer that | 20114 |
the public employer needs but is not performed by an employee of | 20115 |
the public employer if the participant is not engaged in paid | 20116 |
employment or subsidized employment pursuant to the activity; | 20117 |
(17) Employees included in the career professional service of | 20118 |
the department of transportation under section 5501.20 of the | 20119 |
Revised Code | 20120 |
| 20121 |
20122 |
(D) "Employee organization" means any labor or bona fide | 20123 |
organization in which public employees participate and that exists | 20124 |
for the purpose, in whole or in part, of dealing with public | 20125 |
employers concerning grievances, labor disputes, wages, hours, | 20126 |
terms, and other conditions of employment. | 20127 |
(E) "Exclusive representative" means the employee | 20128 |
organization certified or recognized as an exclusive | 20129 |
representative under section 4117.05 of the Revised Code. | 20130 |
(F) "Supervisor" means any individual who has authority, in | 20131 |
the interest of the public employer, to hire, transfer, suspend, | 20132 |
lay off, recall, promote, discharge, assign, reward, or discipline | 20133 |
other public employees; to responsibly direct them; to adjust | 20134 |
their grievances; or to effectively recommend such action, if the | 20135 |
exercise of that authority is not of a merely routine or clerical | 20136 |
nature, but requires the use of independent judgment, provided | 20137 |
that: | 20138 |
(1) Employees of school districts who are department | 20139 |
chairpersons or consulting teachers shall not be deemed | 20140 |
supervisors; | 20141 |
(2) With respect to members of a police or fire department, | 20142 |
no person shall be deemed a supervisor except the chief of the | 20143 |
department or those individuals who, in the absence of the chief, | 20144 |
are authorized to exercise the authority and perform the duties of | 20145 |
the chief of the department. Where prior to June 1, 1982, a public | 20146 |
employer pursuant to a judicial decision, rendered in litigation | 20147 |
to which the public employer was a party, has declined to engage | 20148 |
in collective bargaining with members of a police or fire | 20149 |
department on the basis that those members are supervisors, those | 20150 |
members of a police or fire department do not have the rights | 20151 |
specified in this chapter for the purposes of future collective | 20152 |
bargaining. The state employment relations board shall decide all | 20153 |
disputes concerning the application of division (F)(2) of this | 20154 |
section. | 20155 |
(3) With respect to faculty members of a state institution of | 20156 |
higher education, heads of departments or divisions are | 20157 |
supervisors; however, no other faculty member or group of faculty | 20158 |
members is a supervisor solely because the faculty member or group | 20159 |
of faculty members participate in decisions with respect to | 20160 |
courses, curriculum, personnel, or other matters of academic | 20161 |
policy; | 20162 |
(4) No teacher as defined in section 3319.09 of the Revised | 20163 |
Code shall be designated as a supervisor or a management level | 20164 |
employee unless the teacher is employed under a contract governed | 20165 |
by section 3319.01, 3319.011, or 3319.02 of the Revised Code and | 20166 |
is assigned to a position for which a license deemed to be for | 20167 |
administrators under state board rules is required pursuant to | 20168 |
section 3319.22 of the Revised Code. | 20169 |
(G) "To bargain collectively" means to perform the mutual | 20170 |
obligation of the public employer, by its representatives, and the | 20171 |
representatives of its employees to negotiate in good faith at | 20172 |
reasonable times and places with respect to wages, hours, terms, | 20173 |
and other conditions of employment and the continuation, | 20174 |
modification, or deletion of an existing provision of a collective | 20175 |
bargaining agreement, with the intention of reaching an agreement, | 20176 |
or to resolve questions arising under the agreement. "To bargain | 20177 |
collectively" includes executing a written contract incorporating | 20178 |
the terms of any agreement reached. The obligation to bargain | 20179 |
collectively does not mean that either party is compelled to agree | 20180 |
to a proposal nor does it require the making of a concession. | 20181 |
(H) "Strike" means continuous concerted action in failing to | 20182 |
report to duty; willful absence from one's position; or stoppage | 20183 |
of work in whole from the full, faithful, and proper performance | 20184 |
of the duties of employment, for the purpose of inducing, | 20185 |
influencing, or coercing a change in wages, hours, terms, and | 20186 |
other conditions of employment. "Strike" does not include a | 20187 |
stoppage of work by employees in good faith because of dangerous | 20188 |
or unhealthful working conditions at the place of employment that | 20189 |
are abnormal to the place of employment. | 20190 |
(I) "Unauthorized strike" includes, but is not limited to, | 20191 |
concerted action during the term or extended term of a collective | 20192 |
bargaining agreement or during the pendency of the settlement | 20193 |
procedures set forth in section 4117.14 of the Revised Code in | 20194 |
failing to report to duty; willful absence from one's position; | 20195 |
stoppage of work; slowdown, or abstinence in whole or in part from | 20196 |
the full, faithful, and proper performance of the duties of | 20197 |
employment for the purpose of inducing, influencing, or coercing a | 20198 |
change in wages, hours, terms, and other conditions of employment. | 20199 |
"Unauthorized strike" includes any such action, absence, stoppage, | 20200 |
slowdown, or abstinence when done partially or intermittently, | 20201 |
whether during or after the expiration of the term or extended | 20202 |
term of a collective bargaining agreement or during or after the | 20203 |
pendency of the settlement procedures set forth in section 4117.14 | 20204 |
of the Revised Code. | 20205 |
(J) "Professional employee" means any employee engaged in | 20206 |
work that is predominantly intellectual, involving the consistent | 20207 |
exercise of discretion and judgment in its performance and | 20208 |
requiring knowledge of an advanced type in a field of science or | 20209 |
learning customarily acquired by a prolonged course in an | 20210 |
institution of higher learning or a hospital, as distinguished | 20211 |
from a general academic education or from an apprenticeship; or an | 20212 |
employee who has completed the courses of specialized intellectual | 20213 |
instruction and is performing related work under the supervision | 20214 |
of a professional person to become qualified as a professional | 20215 |
employee. | 20216 |
(K) "Confidential employee" means any employee who works in | 20217 |
the personnel offices of a public employer and deals with | 20218 |
information to be used by the public employer in collective | 20219 |
bargaining; or any employee who works in a close continuing | 20220 |
relationship with public officers or representatives directly | 20221 |
participating in collective bargaining on behalf of the employer. | 20222 |
(L) "Management level employee" means an individual who | 20223 |
formulates policy on behalf of the public employer, who | 20224 |
responsibly directs the implementation of policy, or who may | 20225 |
reasonably be required on behalf of the public employer to assist | 20226 |
in the preparation for the conduct of collective negotiations, | 20227 |
administer collectively negotiated agreements, or have a major | 20228 |
role in personnel administration. Assistant superintendents, | 20229 |
principals, and assistant principals whose employment is governed | 20230 |
by section 3319.02 of the Revised Code are management level | 20231 |
employees. With respect to members of a faculty of a state | 20232 |
institution of higher education, no person is a management level | 20233 |
employee because of the person's involvement in the formulation or | 20234 |
implementation of academic or institution policy. | 20235 |
(M) "Wages" means hourly rates of pay, salaries, or other | 20236 |
forms of compensation for services rendered. | 20237 |
(N) "Member of a police department" means a person who is in | 20238 |
the employ of a police department of a municipal corporation as a | 20239 |
full-time regular police officer as the result of an appointment | 20240 |
from a duly established civil service eligibility list or under | 20241 |
section 737.15 or 737.16 of the Revised Code, a full-time deputy | 20242 |
sheriff appointed under section 311.04 of the Revised Code, a | 20243 |
township constable appointed under section 509.01 of the Revised | 20244 |
Code, or a member of a township police district police department | 20245 |
appointed under section 505.49 of the Revised Code. | 20246 |
(O) "Members of the state highway patrol" means highway | 20247 |
patrol troopers and radio operators appointed under section | 20248 |
5503.01 of the Revised Code. | 20249 |
(P) "Member of a fire department" means a person who is in | 20250 |
the employ of a fire department of a municipal corporation or a | 20251 |
township as a fire cadet, full-time regular firefighter, or | 20252 |
promoted rank as the result of an appointment from a duly | 20253 |
established civil service eligibility list or under section | 20254 |
505.38, 709.012, or 737.22 of the Revised Code. | 20255 |
(Q) "Day" means calendar day. | 20256 |
Sec. 4303.207. (A) As used in this section: | 20257 |
(1) "Nonprofit organization" means any unincorporated | 20258 |
association or nonprofit corporation that is not formed for the | 20259 |
pecuniary gain or profit of, and whose net earnings or any part of | 20260 |
whose net earnings is not distributable to, its members, trustees, | 20261 |
directors, officers, or other private persons. | 20262 |
(2) "Qualified golf event" means a golf tournament or other | 20263 |
golf competition event that meets all of the following | 20264 |
requirements: | 20265 |
(a) It is hosted by the nonprofit organization to which an | 20266 |
F-7 permit is issued. | 20267 |
(b) It is sanctioned by a recognized national golf | 20268 |
organization. | 20269 |
(c) It includes the sale of food for consumption on the | 20270 |
premises for which an F-7 permit is issued. | 20271 |
(d) Contributions to charity are made from the proceeds of | 20272 |
the event that equal in the aggregate at least two hundred | 20273 |
thousand dollars. | 20274 |
(3) "Recognized national golf organization" means any of the | 20275 |
following: | 20276 |
(a) The United States golf association; | 20277 |
(b) The professional golf association of America (PGA); | 20278 |
(c) The PGA tour, including the champions tour and the | 20279 |
nationwide tour; | 20280 |
(d) The LPGA tour; | 20281 |
(e) The successors of any organization listed in divisions | 20282 |
(A)(3)(a) to (d) of this section. | 20283 |
(B) An F-7 permit may be issued to a nonprofit organization | 20284 |
to sell beer, wine, mixed beverages, and spirituous liquor by the | 20285 |
individual drink at a qualified golf event being held on premises | 20286 |
located in a political subdivision or part of a political | 20287 |
subdivision where the sale of beer, wine, mixed beverages, and | 20288 |
spirituous liquor is otherwise permitted by law on that day, if | 20289 |
both of the following requirements are met: | 20290 |
(1) The superintendent of liquor control is satisfied that | 20291 |
the organization is a nonprofit organization. For this purpose, | 20292 |
the superintendent may accept as proof a sworn statement by the | 20293 |
president or other chief executive officer of the applicant | 20294 |
organization. | 20295 |
(2) The superintendent is satisfied that the event for which | 20296 |
the F-7 permit is sought to be issued is a qualified golf event. | 20297 |
For this purpose, the superintendent may accept as proof a sworn | 20298 |
statement by the president or other chief executive officer of the | 20299 |
applicant organization. | 20300 |
(C) The premises for which the F-7 permit is issued shall | 20301 |
meet all of the following requirements: | 20302 |
(1) Be owned or leased by the nonprofit organization to which | 20303 |
the F-7 permit issued; | 20304 |
(2) Be limited to areas in which the qualified golf event is | 20305 |
conducted and to other areas that are contiguous to those areas in | 20306 |
which the qualified golf event is conducted, which areas are | 20307 |
specifically designated for food and beverage consumption and | 20308 |
hospitality for the qualified golf event; | 20309 |
(3) Be clearly defined; | 20310 |
(4) Be sufficiently restricted to allow proper supervision of | 20311 |
use of the permit by state and local law enforcement personnel. | 20312 |
(D) A nonprofit organization to which an F-7 permit is issued | 20313 |
shall be held responsible for any conduct that violates the laws | 20314 |
pertaining to the sale of beer, wine, mixed beverages, or | 20315 |
spirituous liquor. | 20316 |
(E) The division of liquor control shall prepare and make | 20317 |
available an F-7 permit application form and may require | 20318 |
applicants for the permit to provide information that, in addition | 20319 |
to the information required by this section, is necessary for the | 20320 |
administration of this section. | 20321 |
(F) An F-7 permit shall be effective for a period not to | 20322 |
exceed eight consecutive days. The division of liquor control | 20323 |
shall not issue more than two F-7 permits per calendar year to the | 20324 |
same nonprofit organization. The fee for an F-7 permit is four | 20325 |
hundred fifty dollars. | 20326 |
Sec. 4303.29. (A) No permit, other than an H permit, shall | 20327 |
be issued to a firm or partnership unless all the members of the | 20328 |
firm or partnership are citizens of the United States and a | 20329 |
majority have resided in this state for one year prior to | 20330 |
application for the permit. No permit, other than an H permit, | 20331 |
shall be issued to an individual who is not a citizen of the | 20332 |
United States who has resided in this state for at least one year | 20333 |
prior to application for the permit. No permit, other than an E or | 20334 |
H permit, shall be issued to any corporation organized under the | 20335 |
laws of any country, territory, or state other than this state | 20336 |
until it has furnished the division of liquor control with | 20337 |
evidence that it has complied with the laws of this state relating | 20338 |
to the transaction of business in this state. | 20339 |
The division may refuse to issue any permit to or refuse to | 20340 |
renew any permit of any person convicted of any felony that is | 20341 |
reasonably related to the person's fitness to operate a liquor | 20342 |
permit business in this state. No holder of a permit shall sell, | 20343 |
assign, transfer, or pledge the permit without the written consent | 20344 |
of the division. | 20345 |
(B)(1) No more than one of each type of C or D permit shall | 20346 |
be issued to any one person, firm, or corporation in any county | 20347 |
having a population of less than twenty-five thousand, and no more | 20348 |
than one of each type of C or D permit shall be issued to any one | 20349 |
person, firm, or corporation for any additional twenty-five | 20350 |
thousand or major fraction thereof in any county having a greater | 20351 |
population than twenty-five thousand, provided that, in the case | 20352 |
of D-3, D-3a, D-4, and D-5 permits, no more than one permit shall | 20353 |
be issued to any one person, firm, or corporation in any county | 20354 |
having a population of less than fifty thousand, and no more than | 20355 |
one such permit shall be issued to any one person, firm, or | 20356 |
corporation for any additional fifty thousand or major fraction | 20357 |
thereof in any county having a greater population than fifty | 20358 |
thousand. | 20359 |
(2) No D-3 permit shall be issued to any club unless the club | 20360 |
has been continuously engaged in the activity specified in section | 20361 |
4303.15 of the Revised Code, as a qualification for that class of | 20362 |
permit, for two years at the time the permit is issued. | 20363 |
(3)(a) Subject to division (B)(3)(b) of this section, upon | 20364 |
application by properly qualified persons, one C-1 and C-2 permit | 20365 |
shall be issued for each one thousand population or part of that | 20366 |
population, and one D-1 and D-2 permit shall be issued for each | 20367 |
two thousand population or part of that population, in each | 20368 |
municipal corporation and in the unincorporated area of each | 20369 |
township. | 20370 |
Subject to division (B)(3)(b) of this section, not more than | 20371 |
one D-3, D-4, or D-5 permit shall be issued for each two thousand | 20372 |
population or part of that population in any municipal corporation | 20373 |
and in the unincorporated area of any township, except that, in | 20374 |
any city of a population of fifty-five thousand or more, one D-3 | 20375 |
permit may be issued for each fifteen hundred population or part | 20376 |
of that population. | 20377 |
(b)(i) Division (B)(3)(a) of this section does not prohibit | 20378 |
the transfer of location or the transfer of ownership and location | 20379 |
of a C-1, C-2, D-1, D-2, D-3, or D-5 permit from a municipal | 20380 |
corporation or the unincorporated area of a township in which the | 20381 |
number of permits of that class exceeds the number of such permits | 20382 |
authorized to be issued under division (B)(3)(a) of this section | 20383 |
to an economic development project located in another municipal | 20384 |
corporation or the unincorporated area of another township in | 20385 |
which no additional permits of that class may be issued to the | 20386 |
applicant under division (B)(3)(a) of this section, but the | 20387 |
transfer of location or transfer of ownership and location of the | 20388 |
permit may occur only if the applicant notifies the municipal | 20389 |
corporation or township to which the location of the permit will | 20390 |
be transferred regarding the transfer and that municipal | 20391 |
corporation or township acknowledges in writing to the division of | 20392 |
liquor control, at the time the application for the transfer of | 20393 |
location or transfer of ownership and location of the permit is | 20394 |
filed, that the transfer will be to an economic development | 20395 |
project. This acknowledgment by the municipal corporation or | 20396 |
township does not prohibit it from requesting a hearing under | 20397 |
section 4303.26 of the Revised Code. The applicant is eligible to | 20398 |
apply for and receive the transfer of location of the permit under | 20399 |
division (B)(3)(b) of this section if all permits of that class | 20400 |
that may be issued under division (B)(3)(a) of this section in the | 20401 |
applicable municipal corporation or unincorporated area of the | 20402 |
township have already been issued or if the number of applications | 20403 |
filed for permits of that class in that municipal corporation or | 20404 |
the unincorporated area of that township exceed the number of | 20405 |
permits of that class that may be issued there under division | 20406 |
(B)(3)(a) of this section. | 20407 |
A permit transferred under division (B)(3)(b) of this section | 20408 |
may be subsequently transferred to a different owner at the same | 20409 |
location, or to the same owner or a different owner at a different | 20410 |
location in the same municipal corporation or in the | 20411 |
unincorporated area of the same township, as long as the same or | 20412 |
new location meets the economic development project criteria set | 20413 |
forth in this section. | 20414 |
(ii) Factors that shall be used to determine the designation | 20415 |
of an economic development project include, but are not limited | 20416 |
to, architectural certification of the plans and the cost of the | 20417 |
project, the number of jobs that will be created by the project, | 20418 |
projected earnings of the project, projected tax revenues for the | 20419 |
political subdivisions in which the project will be located, and | 20420 |
the amount of financial investment in the project. The | 20421 |
superintendent of liquor control shall determine whether the | 20422 |
existing or proposed business that is seeking a permit described | 20423 |
in division (B)(3)(b) of this section qualifies as an economic | 20424 |
development project and, if the superintendent determines that it | 20425 |
so qualifies, shall designate the business as an economic | 20426 |
development project. | 20427 |
(4) Nothing in this section shall be construed to restrict | 20428 |
the issuance of a permit to a municipal corporation for use at a | 20429 |
municipally owned airport at which commercial airline companies | 20430 |
operate regularly scheduled flights on which space is available to | 20431 |
the public. A municipal corporation applying for a permit for such | 20432 |
a municipally owned airport is exempt, in regard to that | 20433 |
application, from the population restrictions contained in this | 20434 |
section and from population quota restrictions contained in any | 20435 |
rule of the liquor control commission. A municipal corporation | 20436 |
applying for a D-1, D-2, D-3, D-4, or D-5 permit for such a | 20437 |
municipally owned airport is subject to section 4303.31 of the | 20438 |
Revised Code. | 20439 |
(5) Nothing in this section shall be construed to prohibit | 20440 |
the issuance of a D permit to the board of trustees of a soldiers' | 20441 |
memorial for a premises located at a soldiers' memorial | 20442 |
established pursuant to Chapter 345. of the Revised Code. An | 20443 |
application for a D permit by the board for those premises is | 20444 |
exempt from the population restrictions contained in this section | 20445 |
and from the population quota restrictions contained in any rule | 20446 |
of the liquor control commission. The location of a D permit | 20447 |
issued to the board for those premises shall not be transferred. A | 20448 |
board of trustees of a soldiers' memorial applying for a D-1, D-2, | 20449 |
D-3, D-4, or D-5 permit for the soldiers' memorial is subject to | 20450 |
section 4303.31 of the Revised Code. | 20451 |
(6) Nothing in this section shall be construed to restrict | 20452 |
the issuance of a permit for a premises located at a golf course | 20453 |
owned by a municipal corporation, township, or county, owned by a | 20454 |
park district created under Chapter 1545. of the Revised Code, or | 20455 |
owned by the state. The location of such a permit issued on or | 20456 |
after September 26, 1984, for a premises located at such a golf | 20457 |
course shall not be transferred. Any application for such a permit | 20458 |
is exempt from the population quota restrictions contained in this | 20459 |
section and from the population quota restrictions contained in | 20460 |
any rule of the liquor control commission. A municipal | 20461 |
corporation, township, county, park district, or state agency | 20462 |
applying for a D-1, D-2, D-3, D-4, or D-5 permit for such a golf | 20463 |
course is subject to section 4303.31 of the Revised Code. | 20464 |
(7) As used in division (B)(7) of this section, "fair" has | 20465 |
the same meaning as in section 991.01 of the Revised Code | 20466 |
fairgrounds" means the property that is held by the state for the | 20467 |
purpose of conducting fairs, expositions, and exhibits and that is | 20468 |
maintained and managed by the Ohio expositions commission under | 20469 |
section 991.03 of the Revised Code | 20470 |
same meaning as in section 105.41 of the Revised Code; and "Ohio | 20471 |
judicial center" means the site of the Ohio supreme court and its | 20472 |
grounds. | 20473 |
Nothing in this section shall be construed to restrict the | 20474 |
issuance of one or more D permits to one or more applicants for | 20475 |
all or a part of | 20476 |
or the Ohio judicial center. An application for a D permit for the | 20477 |
state fairgrounds | 20478 |
is exempt from the population quota restrictions contained in this | 20479 |
section and from the population quota restrictions contained in | 20480 |
any rule of the liquor control commission. The location of a D | 20481 |
permit issued for the
state fairgrounds | 20482 |
Ohio judicial center shall not be transferred. An applicant for a | 20483 |
D-1, D-2, D-3, or D-5 permit for the state fairgrounds is not | 20484 |
subject to section 4303.31 of the Revised Code. | 20485 |
Pursuant to section 1711.09 of the Revised Code, the holder | 20486 |
of a D permit issued for the state fairgrounds shall not deal in | 20487 |
spirituous liquor at the state fairgrounds during, or for one week | 20488 |
before or for three days after, any fair held at the state | 20489 |
fairgrounds. | 20490 |
(8) Nothing in this section shall be construed to prohibit | 20491 |
the issuance of a D permit for a premises located at a zoological | 20492 |
park at which sales have been approved in an election held under | 20493 |
former section 4301.356 of the Revised Code. An application for a | 20494 |
D permit for such a premises is exempt from the population | 20495 |
restrictions contained in this section, from the population quota | 20496 |
restrictions contained in any rule of the liquor control | 20497 |
commission, and from section 4303.31 of the Revised Code. The | 20498 |
location of a D permit issued for a premises at such a zoological | 20499 |
park shall not be transferred, and no quota or other restrictions | 20500 |
shall be placed on the number of D permits that may be issued for | 20501 |
a premises at such a zoological park. | 20502 |
(C)(1) No D-3, D-4, D-5, or D-5a permit shall be issued in | 20503 |
any election precinct in any municipal corporation or in any | 20504 |
election precinct in the unincorporated area of any township, in | 20505 |
which at the November, 1933, election a majority of the electors | 20506 |
voting thereon in the municipal corporation or in the | 20507 |
unincorporated area of the township voted against the repeal of | 20508 |
Section 9 of Article XV, Ohio Constitution, unless the sale of | 20509 |
spirituous liquor by the glass is authorized by a majority vote of | 20510 |
the electors voting on the question in the precinct at an election | 20511 |
held pursuant to this section or by a majority vote of the | 20512 |
electors of the precinct voting on question (C) at a special local | 20513 |
option election held in the precinct pursuant to section 4301.35 | 20514 |
of the Revised Code. Upon the request of an elector, the board of | 20515 |
elections of the county that encompasses the precinct shall | 20516 |
furnish the elector with a copy of the instructions prepared by | 20517 |
the secretary of state under division (P) of section 3501.05 of | 20518 |
the Revised Code and, within fifteen days after the request, a | 20519 |
certificate of the number of signatures required for a valid | 20520 |
petition under this section. | 20521 |
Upon the petition of thirty-five per cent of the total number | 20522 |
of voters voting in any such precinct for the office of governor | 20523 |
at the preceding general election, filed with the board of | 20524 |
elections of the county in which such precinct is located not | 20525 |
later than seventy-five days before a general election, the board | 20526 |
shall prepare ballots and hold an election at such general | 20527 |
election upon the question of allowing spirituous liquor to be | 20528 |
sold by the glass in such precinct. The ballots shall be approved | 20529 |
in form by the secretary of state. The results of the election | 20530 |
shall be certified by the board to the secretary of state, who | 20531 |
shall certify the results to the division. | 20532 |
(2) No holder of a class D-3 permit issued for a boat or | 20533 |
vessel shall sell spirituous liquor in any precinct, in which the | 20534 |
election provided for in this section may be held, unless the sale | 20535 |
of spirituous liquor by the drink has been authorized by vote of | 20536 |
the electors as provided in this section or in section 4301.35 of | 20537 |
the Revised Code. | 20538 |
(D) Any holder of a C or D permit whose permit premises were | 20539 |
purchased in 1986 or 1987 by the state | 20540 |
for highway purposes shall be issued the same permit at another | 20541 |
location notwithstanding any quota restrictions contained in this | 20542 |
chapter or in any rule of the liquor control commission. | 20543 |
Sec. 4503.105. (A) A motor vehicle renting dealer may charge | 20544 |
each vehicle renter a separate vehicle license fee to recover the | 20545 |
dealer's cost related to the annual vehicle registration, license | 20546 |
plates, and title fees imposed upon vehicles in the dealer's fleet | 20547 |
under Title XLV of the Revised Code. Any dealer who separately | 20548 |
charges a vehicle license fee shall do all of the following: | 20549 |
(1) Make a good faith estimate of the average per day per | 20550 |
vehicle portion of the dealer's total annual registration, license | 20551 |
plates, and title fees paid in this state for its rental fleet | 20552 |
during the calendar year; | 20553 |
(2) Separately itemize and charge the vehicle license fee in | 20554 |
the rental agreement between the dealer and a renter, and | 20555 |
specifically describe the vehicle license fee in the rental | 20556 |
agreement as the estimated average per day per vehicle portion of | 20557 |
the dealer's total annual registration, license plates, and title | 20558 |
fees; | 20559 |
(3) In any advertisement made in this state that describes | 20560 |
vehicle rental rates for vehicles available for rent in this | 20561 |
state, include a statement that the renter is required to pay the | 20562 |
vehicle license fee and disclose the maximum daily charge for the | 20563 |
vehicle license fee. | 20564 |
(B) Any dealer who separately charges a vehicle license fee | 20565 |
shall not charge, collect, or retain any amount in excess of the | 20566 |
actual average per day per vehicle portion of the dealer's total | 20567 |
annual registration, license plates, and title fees paid in this | 20568 |
state for its rental fleet during the calendar year. If a dealer | 20569 |
recovers the dealer's actual costs related to the annual vehicle | 20570 |
registration, license plates, and title fees, the dealer shall | 20571 |
cease to itemize and charge such costs in any rental agreement | 20572 |
during that calendar year. | 20573 |
(C) As used in this section, "motor vehicle renting dealer" | 20574 |
has the same meaning as in section 4549.65 of the Revised Code. | 20575 |
Sec. 4731.22. (A) The state medical board, by an affirmative | 20576 |
vote of not fewer than six of its members, may revoke or may | 20577 |
refuse to grant a certificate to a person found by the board to | 20578 |
have committed fraud during the administration of the examination | 20579 |
for a certificate to practice or to have committed fraud, | 20580 |
misrepresentation, or deception in applying for or securing any | 20581 |
certificate to practice or certificate of registration issued by | 20582 |
the board. | 20583 |
(B) The board, by an affirmative vote of not fewer than six | 20584 |
members, shall, to the extent permitted by law, limit, revoke, or | 20585 |
suspend an individual's certificate to practice, refuse to | 20586 |
register an individual, refuse to reinstate a certificate, or | 20587 |
reprimand or place on probation the holder of a certificate for | 20588 |
one or more of the following reasons: | 20589 |
(1) Permitting one's name or one's certificate to practice or | 20590 |
certificate of registration to be used by a person, group, or | 20591 |
corporation when the individual concerned is not actually | 20592 |
directing the treatment given; | 20593 |
(2) Failure to maintain minimal standards applicable to the | 20594 |
selection or administration of drugs, or failure to employ | 20595 |
acceptable scientific methods in the selection of drugs or other | 20596 |
modalities for treatment of disease; | 20597 |
(3) Selling, giving away, personally furnishing, prescribing, | 20598 |
or administering drugs for other than legal and legitimate | 20599 |
therapeutic purposes or a plea of guilty to, a judicial finding of | 20600 |
guilt of, or a judicial finding of eligibility for intervention in | 20601 |
lieu of conviction of, a violation of any federal or state law | 20602 |
regulating the possession, distribution, or use of any drug; | 20603 |
(4) Willfully betraying a professional confidence. | 20604 |
For purposes of this division, "willfully betraying a | 20605 |
professional confidence" does not include providing any | 20606 |
information, documents, or reports to a child fatality review | 20607 |
board under sections 307.621 to 307.629 of the Revised Code and | 20608 |
does not include the making of a report of an employee's use of a | 20609 |
drug of abuse, or a report of a condition of an employee other | 20610 |
than one involving the use of a drug of abuse, to the employer of | 20611 |
the employee as described in division (B) of section 2305.33 of | 20612 |
the Revised Code. Nothing in this division affects the immunity | 20613 |
from civil liability conferred by that section upon a physician | 20614 |
who makes either type of report in accordance with division (B) of | 20615 |
that section. As used in this division, "employee," "employer," | 20616 |
and "physician" have the same meanings as in section 2305.33 of | 20617 |
the Revised Code. | 20618 |
(5) Making a false, fraudulent, deceptive, or misleading | 20619 |
statement in the solicitation of or advertising for patients; in | 20620 |
relation to the practice of medicine and surgery, osteopathic | 20621 |
medicine and surgery, podiatric medicine and surgery, or a limited | 20622 |
branch of medicine; or in securing or attempting to secure any | 20623 |
certificate to practice or certificate of registration issued by | 20624 |
the board. | 20625 |
As used in this division, "false, fraudulent, deceptive, or | 20626 |
misleading statement" means a statement that includes a | 20627 |
misrepresentation of fact, is likely to mislead or deceive because | 20628 |
of a failure to disclose material facts, is intended or is likely | 20629 |
to create false or unjustified expectations of favorable results, | 20630 |
or includes representations or implications that in reasonable | 20631 |
probability will cause an ordinarily prudent person to | 20632 |
misunderstand or be deceived. | 20633 |
(6) A departure from, or the failure to conform to, minimal | 20634 |
standards of care of similar practitioners under the same or | 20635 |
similar circumstances, whether or not actual injury to a patient | 20636 |
is established; | 20637 |
(7) Representing, with the purpose of obtaining compensation | 20638 |
or other advantage as personal gain or for any other person, that | 20639 |
an incurable disease or injury, or other incurable condition, can | 20640 |
be permanently cured; | 20641 |
(8) The obtaining of, or attempting to obtain, money or | 20642 |
anything of value by fraudulent misrepresentations in the course | 20643 |
of practice; | 20644 |
(9) A plea of guilty to, a judicial finding of guilt of, or a | 20645 |
judicial finding of eligibility for intervention in lieu of | 20646 |
conviction for, a felony; | 20647 |
(10) Commission of an act that constitutes a felony in this | 20648 |
state, regardless of the jurisdiction in which the act was | 20649 |
committed; | 20650 |
(11) A plea of guilty to, a judicial finding of guilt of, or | 20651 |
a judicial finding of eligibility for intervention in lieu of | 20652 |
conviction for, a misdemeanor committed in the course of practice; | 20653 |
(12) Commission of an act in the course of practice that | 20654 |
constitutes a misdemeanor in this state, regardless of the | 20655 |
jurisdiction in which the act was committed; | 20656 |
(13) A plea of guilty to, a judicial finding of guilt of, or | 20657 |
a judicial finding of eligibility for intervention in lieu of | 20658 |
conviction for, a misdemeanor involving moral turpitude; | 20659 |
(14) Commission of an act involving moral turpitude that | 20660 |
constitutes a misdemeanor in this state, regardless of the | 20661 |
jurisdiction in which the act was committed; | 20662 |
(15) Violation of the conditions of limitation placed by the | 20663 |
board upon a certificate to practice; | 20664 |
(16) Failure to pay license renewal fees specified in this | 20665 |
chapter; | 20666 |
(17) Except as authorized in section 4731.31 of the Revised | 20667 |
Code, engaging in the division of fees for referral of patients, | 20668 |
or the receiving of a thing of value in return for a specific | 20669 |
referral of a patient to utilize a particular service or business; | 20670 |
(18) Subject to section 4731.226 of the Revised Code, | 20671 |
violation of any provision of a code of ethics of the American | 20672 |
medical association, the American osteopathic association, the | 20673 |
American podiatric medical association, or any other national | 20674 |
professional organizations that the board specifies by rule. The | 20675 |
state medical board shall obtain and keep on file current copies | 20676 |
of the codes of ethics of the various national professional | 20677 |
organizations. The individual whose certificate is being suspended | 20678 |
or revoked shall not be found to have violated any provision of a | 20679 |
code of ethics of an organization not appropriate to the | 20680 |
individual's profession. | 20681 |
For purposes of this division, a "provision of a code of | 20682 |
ethics of a national professional organization" does not include | 20683 |
any provision that would preclude the making of a report by a | 20684 |
physician of an employee's use of a drug of abuse, or of a | 20685 |
condition of an employee other than one involving the use of a | 20686 |
drug of abuse, to the employer of the employee as described in | 20687 |
division (B) of section 2305.33 of the Revised Code. Nothing in | 20688 |
this division affects the immunity from civil liability conferred | 20689 |
by that section upon a physician who makes either type of report | 20690 |
in accordance with division (B) of that section. As used in this | 20691 |
division, "employee," "employer," and "physician" have the same | 20692 |
meanings as in section 2305.33 of the Revised Code. | 20693 |
(19) Inability to practice according to acceptable and | 20694 |
prevailing standards of care by reason of mental illness or | 20695 |
physical illness, including, but not limited to, physical | 20696 |
deterioration that adversely affects cognitive, motor, or | 20697 |
perceptive skills. | 20698 |
In enforcing this division, the board, upon a showing of a | 20699 |
possible violation, may compel any individual authorized to | 20700 |
practice by this chapter or who has submitted an application | 20701 |
pursuant to this chapter to submit to a mental examination, | 20702 |
physical examination, including an HIV test, or both a mental and | 20703 |
a physical examination. The expense of the examination is the | 20704 |
responsibility of the individual compelled to be examined. Failure | 20705 |
to submit to a mental or physical examination or consent to an HIV | 20706 |
test ordered by the board constitutes an admission of the | 20707 |
allegations against the individual unless the failure is due to | 20708 |
circumstances beyond the individual's control, and a default and | 20709 |
final order may be entered without the taking of testimony or | 20710 |
presentation of evidence. If the board finds an individual unable | 20711 |
to practice because of the reasons set forth in this division, the | 20712 |
board shall require the individual to submit to care, counseling, | 20713 |
or treatment by physicians approved or designated by the board, as | 20714 |
a condition for initial, continued, reinstated, or renewed | 20715 |
authority to practice. An individual affected under this division | 20716 |
shall be afforded an opportunity to demonstrate to the board the | 20717 |
ability to resume practice in compliance with acceptable and | 20718 |
prevailing standards under the provisions of the individual's | 20719 |
certificate. For the purpose of this division, any individual who | 20720 |
applies for or receives a certificate to practice under this | 20721 |
chapter accepts the privilege of practicing in this state and, by | 20722 |
so doing, shall be deemed to have given consent to submit to a | 20723 |
mental or physical examination when directed to do so in writing | 20724 |
by the board, and to have waived all objections to the | 20725 |
admissibility of testimony or examination reports that constitute | 20726 |
a privileged communication. | 20727 |
(20) Except when civil penalties are imposed under section | 20728 |
4731.225 or 4731.281 of the Revised Code, and subject to section | 20729 |
4731.226 of the Revised Code, violating or attempting to violate, | 20730 |
directly or indirectly, or assisting in or abetting the violation | 20731 |
of, or conspiring to violate, any provisions of this chapter or | 20732 |
any rule promulgated by the board. | 20733 |
This division does not apply to a violation or attempted | 20734 |
violation of, assisting in or abetting the violation of, or a | 20735 |
conspiracy to violate, any provision of this chapter or any rule | 20736 |
adopted by the board that would preclude the making of a report by | 20737 |
a physician of an employee's use of a drug of abuse, or of a | 20738 |
condition of an employee other than one involving the use of a | 20739 |
drug of abuse, to the employer of the employee as described in | 20740 |
division (B) of section 2305.33 of the Revised Code. Nothing in | 20741 |
this division affects the immunity from civil liability conferred | 20742 |
by that section upon a physician who makes either type of report | 20743 |
in accordance with division (B) of that section. As used in this | 20744 |
division, "employee," "employer," and "physician" have the same | 20745 |
meanings as in section 2305.33 of the Revised Code. | 20746 |
(21) The violation of section 3701.79 of the Revised Code or | 20747 |
of any abortion rule adopted by the public health council pursuant | 20748 |
to section 3701.341 of the Revised Code; | 20749 |
(22) Any of the following actions taken by the agency | 20750 |
responsible for regulating the practice of medicine and surgery, | 20751 |
osteopathic medicine and surgery, podiatric medicine and surgery, | 20752 |
or the limited branches of medicine in another jurisdiction, for | 20753 |
any reason other than the nonpayment of fees: the limitation, | 20754 |
revocation, or suspension of an individual's license to practice; | 20755 |
acceptance of an individual's license surrender; denial of a | 20756 |
license; refusal to renew or reinstate a license; imposition of | 20757 |
probation; or issuance of an order of censure or other reprimand; | 20758 |
(23) The violation of section 2919.12 of the Revised Code or | 20759 |
the performance or inducement of an abortion upon a pregnant woman | 20760 |
with actual knowledge that the conditions specified in division | 20761 |
(B) of section 2317.56 of the Revised Code have not been satisfied | 20762 |
or with a heedless indifference as to whether those conditions | 20763 |
have been satisfied, unless an affirmative defense as specified in | 20764 |
division (H)(2) of that section would apply in a civil action | 20765 |
authorized by division (H)(1) of that section; | 20766 |
(24) The revocation, suspension, restriction, reduction, or | 20767 |
termination of clinical privileges by the United States department | 20768 |
of defense or department of veterans affairs or the termination or | 20769 |
suspension of a certificate of registration to prescribe drugs by | 20770 |
the drug enforcement administration of the United States | 20771 |
department of justice; | 20772 |
(25) Termination or suspension from participation in the | 20773 |
medicare or medicaid programs by the department of health and | 20774 |
human services or other responsible agency for any act or acts | 20775 |
that also would constitute a violation of division (B)(2), (3), | 20776 |
(6), (8), or (19) of this section; | 20777 |
(26) Impairment of ability to practice according to | 20778 |
acceptable and prevailing standards of care because of habitual or | 20779 |
excessive use or abuse of drugs, alcohol, or other substances that | 20780 |
impair ability to practice. | 20781 |
For the purposes of this division, any individual authorized | 20782 |
to practice by this chapter accepts the privilege of practicing in | 20783 |
this state subject to supervision by the board. By filing an | 20784 |
application for or holding a certificate to practice under this | 20785 |
chapter, an individual shall be deemed to have given consent to | 20786 |
submit to a mental or physical examination when ordered to do so | 20787 |
by the board in writing, and to have waived all objections to the | 20788 |
admissibility of testimony or examination reports that constitute | 20789 |
privileged communications. | 20790 |
If it has reason to believe that any individual authorized to | 20791 |
practice by this chapter or any applicant for certification to | 20792 |
practice suffers such impairment, the board may compel the | 20793 |
individual to submit to a mental or physical examination, or both. | 20794 |
The expense of the examination is the responsibility of the | 20795 |
individual compelled to be examined. Any mental or physical | 20796 |
examination required under this division shall be undertaken by a | 20797 |
treatment provider or physician who is qualified to conduct the | 20798 |
examination and who is chosen by the board. | 20799 |
Failure to submit to a mental or physical examination ordered | 20800 |
by the board constitutes an admission of the allegations against | 20801 |
the individual unless the failure is due to circumstances beyond | 20802 |
the individual's control, and a default and final order may be | 20803 |
entered without the taking of testimony or presentation of | 20804 |
evidence. If the board determines that the individual's ability to | 20805 |
practice is impaired, the board shall suspend the individual's | 20806 |
certificate or deny the individual's application and shall require | 20807 |
the individual, as a condition for initial, continued, reinstated, | 20808 |
or renewed certification to practice, to submit to treatment. | 20809 |
Before being eligible to apply for reinstatement of a | 20810 |
certificate suspended under this division, the impaired | 20811 |
practitioner shall demonstrate to the board the ability to resume | 20812 |
practice in compliance with acceptable and prevailing standards of | 20813 |
care under the provisions of the practitioner's certificate. The | 20814 |
demonstration shall include, but shall not be limited to, the | 20815 |
following: | 20816 |
(a) Certification from a treatment provider approved under | 20817 |
section 4731.25 of the Revised Code that the individual has | 20818 |
successfully completed any required inpatient treatment; | 20819 |
(b) Evidence of continuing full compliance with an aftercare | 20820 |
contract or consent agreement; | 20821 |
(c) Two written reports indicating that the individual's | 20822 |
ability to practice has been assessed and that the individual has | 20823 |
been found capable of practicing according to acceptable and | 20824 |
prevailing standards of care. The reports shall be made by | 20825 |
individuals or providers approved by the board for making the | 20826 |
assessments and shall describe the basis for their determination. | 20827 |
The board may reinstate a certificate suspended under this | 20828 |
division after that demonstration and after the individual has | 20829 |
entered into a written consent agreement. | 20830 |
When the impaired practitioner resumes practice, the board | 20831 |
shall require continued monitoring of the individual. The | 20832 |
monitoring shall include, but not be limited to, compliance with | 20833 |
the written consent agreement entered into before reinstatement or | 20834 |
with conditions imposed by board order after a hearing, and, upon | 20835 |
termination of the consent agreement, submission to the board for | 20836 |
at least two years of annual written progress reports made under | 20837 |
penalty of perjury stating whether the individual has maintained | 20838 |
sobriety. | 20839 |
(27) A second or subsequent violation of section 4731.66 or | 20840 |
4731.69 of the Revised Code; | 20841 |
(28) Except as provided in division (N) of this section: | 20842 |
(a) Waiving the payment of all or any part of a deductible or | 20843 |
copayment that a patient, pursuant to a health insurance or health | 20844 |
care policy, contract, or plan that covers the individual's | 20845 |
services, otherwise would be required to pay if the waiver is used | 20846 |
as an enticement to a patient or group of patients to receive | 20847 |
health care services from that individual; | 20848 |
(b) Advertising that the individual will waive the payment of | 20849 |
all or any part of a deductible or copayment that a patient, | 20850 |
pursuant to a health insurance or health care policy, contract, or | 20851 |
plan that covers the individual's services, otherwise would be | 20852 |
required to pay. | 20853 |
(29) Failure to use universal blood and body fluid | 20854 |
precautions established by rules adopted under section 4731.051 of | 20855 |
the Revised Code; | 20856 |
(30) Failure to provide notice to, and receive acknowledgment | 20857 |
of the notice from, a patient when required by section 4731.143 of | 20858 |
the Revised Code prior to providing nonemergency professional | 20859 |
services, or failure to maintain that notice in the patient's | 20860 |
file; | 20861 |
(31) Failure of a physician supervising a physician assistant | 20862 |
to maintain supervision in accordance with the requirements of | 20863 |
Chapter 4730. of the Revised Code and the rules adopted under that | 20864 |
chapter; | 20865 |
(32) Failure of a physician or podiatrist to enter into a | 20866 |
standard care arrangement with a clinical nurse specialist, | 20867 |
certified nurse-midwife, or certified nurse practitioner with whom | 20868 |
the physician or podiatrist is in collaboration pursuant to | 20869 |
section 4731.27 of the Revised Code or failure to fulfill the | 20870 |
responsibilities of collaboration after entering into a standard | 20871 |
care arrangement; | 20872 |
(33) Failure to comply with the terms of a consult agreement | 20873 |
entered into with a pharmacist pursuant to section 4729.39 of the | 20874 |
Revised Code; | 20875 |
(34) Failure to cooperate in an investigation conducted by | 20876 |
the board under division (F) of this section, including failure to | 20877 |
comply with a subpoena or order issued by the board or failure to | 20878 |
answer truthfully a question presented by the board at a | 20879 |
deposition or in written interrogatories, except that failure to | 20880 |
cooperate with an investigation shall not constitute grounds for | 20881 |
discipline under this section if a court of competent jurisdiction | 20882 |
has issued an order that either quashes a subpoena or permits the | 20883 |
individual to withhold the testimony or evidence in issue; | 20884 |
(35) Failure to supervise an acupuncturist in accordance with | 20885 |
Chapter 4762. of the Revised Code and the board's rules for | 20886 |
supervision of an acupuncturist; | 20887 |
(36) Failure to supervise an anesthesiologist assistant in | 20888 |
accordance with Chapter 4760. of the Revised Code and the board's | 20889 |
rules for supervision of an anesthesiologist assistant; | 20890 |
(37) Assisting suicide as defined in section 3795.01 of the | 20891 |
Revised Code. | 20892 |
(C) Disciplinary actions taken by the board under divisions | 20893 |
(A) and (B) of this section shall be taken pursuant to an | 20894 |
adjudication under Chapter 119. of the Revised Code, except that | 20895 |
in lieu of an adjudication, the board may enter into a consent | 20896 |
agreement with an individual to resolve an allegation of a | 20897 |
violation of this chapter or any rule adopted under it. A consent | 20898 |
agreement, when ratified by an affirmative vote of not fewer than | 20899 |
six members of the board, shall constitute the findings and order | 20900 |
of the board with respect to the matter addressed in the | 20901 |
agreement. If the board refuses to ratify a consent agreement, the | 20902 |
admissions and findings contained in the consent agreement shall | 20903 |
be of no force or effect. | 20904 |
If the board takes disciplinary action against an individual | 20905 |
under division (B) of this section for a second or subsequent plea | 20906 |
of guilty to, or judicial finding of guilt of, a violation of | 20907 |
section 2919.123 of the Revised Code, the disciplinary action | 20908 |
shall consist of a suspension of the individual's certificate to | 20909 |
practice for a period of at least one year or, if determined | 20910 |
appropriate by the board, a more serious sanction involving the | 20911 |
individual's certificate to practice. Any consent agreement | 20912 |
entered into under this division with an individual that pertains | 20913 |
to a second or subsequent plea of guilty to, or judicial finding | 20914 |
of guilt of, a violation of that section shall provide for a | 20915 |
suspension of the individual's certificate to practice for a | 20916 |
period of at least one year or, if determined appropriate by the | 20917 |
board, a more serious sanction involving the individual's | 20918 |
certificate to practice. | 20919 |
(D) For purposes of divisions (B)(10), (12), and (14) of this | 20920 |
section, the commission of the act may be established by a finding | 20921 |
by the board, pursuant to an adjudication under Chapter 119. of | 20922 |
the Revised Code, that the individual committed the act. The board | 20923 |
does not have jurisdiction under those divisions if the trial | 20924 |
court renders a final judgment in the individual's favor and that | 20925 |
judgment is based upon an adjudication on the merits. The board | 20926 |
has jurisdiction under those divisions if the trial court issues | 20927 |
an order of dismissal upon technical or procedural grounds. | 20928 |
(E) The sealing of conviction records by any court shall have | 20929 |
no effect upon a prior board order entered under this section or | 20930 |
upon the board's jurisdiction to take action under this section | 20931 |
if, based upon a plea of guilty, a judicial finding of guilt, or a | 20932 |
judicial finding of eligibility for intervention in lieu of | 20933 |
conviction, the board issued a notice of opportunity for a hearing | 20934 |
prior to the court's order to seal the records. The board shall | 20935 |
not be required to seal, destroy, redact, or otherwise modify its | 20936 |
records to reflect the court's sealing of conviction records. | 20937 |
(F)(1) The board shall investigate evidence that appears to | 20938 |
show that a person has violated any provision of this chapter or | 20939 |
any rule adopted under it. Any person may report to the board in a | 20940 |
signed writing any information that the person may have that | 20941 |
appears to show a violation of any provision of this chapter or | 20942 |
any rule adopted under it. In the absence of bad faith, any person | 20943 |
who reports information of that nature or who testifies before the | 20944 |
board in any adjudication conducted under Chapter 119. of the | 20945 |
Revised Code shall not be liable in damages in a civil action as a | 20946 |
result of the report or testimony. Each complaint or allegation of | 20947 |
a violation received by the board shall be assigned a case number | 20948 |
and shall be recorded by the board. | 20949 |
(2) Investigations of alleged violations of this chapter or | 20950 |
any rule adopted under it shall be supervised by the supervising | 20951 |
member elected by the board in accordance with section 4731.02 of | 20952 |
the Revised Code and by the secretary as provided in section | 20953 |
4731.39 of the Revised Code. The president may designate another | 20954 |
member of the board to supervise the investigation in place of the | 20955 |
supervising member. No member of the board who supervises the | 20956 |
investigation of a case shall participate in further adjudication | 20957 |
of the case. | 20958 |
(3) In investigating a possible violation of this chapter or | 20959 |
any rule adopted under this chapter, the board may administer | 20960 |
oaths, order the taking of depositions, issue subpoenas, and | 20961 |
compel the attendance of witnesses and production of books, | 20962 |
accounts, papers, records, documents, and testimony, except that a | 20963 |
subpoena for patient record information shall not be issued | 20964 |
without consultation with the attorney general's office and | 20965 |
approval of the secretary and supervising member of the board. | 20966 |
Before issuance of a subpoena for patient record information, the | 20967 |
secretary and supervising member shall determine whether there is | 20968 |
probable cause to believe that the complaint filed alleges a | 20969 |
violation of this chapter or any rule adopted under it and that | 20970 |
the records sought are relevant to the alleged violation and | 20971 |
material to the investigation. The subpoena may apply only to | 20972 |
records that cover a reasonable period of time surrounding the | 20973 |
alleged violation. | 20974 |
On failure to comply with any subpoena issued by the board | 20975 |
and after reasonable notice to the person being subpoenaed, the | 20976 |
board may move for an order compelling the production of persons | 20977 |
or records pursuant to the Rules of Civil Procedure. | 20978 |
A subpoena issued by the board may be served by a sheriff, | 20979 |
the sheriff's deputy, or a board employee designated by the board. | 20980 |
Service of a subpoena issued by the board may be made by | 20981 |
delivering a copy of the subpoena to the person named therein, | 20982 |
reading it to the person, or leaving it at the person's usual | 20983 |
place of residence. When the person being served is a person whose | 20984 |
practice is authorized by this chapter, service of the subpoena | 20985 |
may be made by certified mail, restricted delivery, return receipt | 20986 |
requested, and the subpoena shall be deemed served on the date | 20987 |
delivery is made or the date the person refuses to accept | 20988 |
delivery. | 20989 |
A sheriff's deputy who serves a subpoena shall receive the | 20990 |
same fees as a sheriff. Each witness who appears before the board | 20991 |
in obedience to a subpoena shall receive the fees and mileage | 20992 |
provided for witnesses in civil cases in the courts of common | 20993 |
pleas. | 20994 |
(4) All hearings and investigations of the board shall be | 20995 |
considered civil actions for the purposes of section 2305.252 of | 20996 |
the Revised Code. | 20997 |
(5) Information received by the board pursuant to an | 20998 |
investigation is confidential and not subject to discovery in any | 20999 |
civil action. | 21000 |
The board shall conduct all investigations and proceedings in | 21001 |
a manner that protects the confidentiality of patients and persons | 21002 |
who file complaints with the board. The board shall not make | 21003 |
public the names or any other identifying information about | 21004 |
patients or complainants unless proper consent is given or, in the | 21005 |
case of a patient, a waiver of the patient privilege exists under | 21006 |
division (B) of section 2317.02 of the Revised Code, except that | 21007 |
consent or a waiver of that nature is not required if the board | 21008 |
possesses reliable and substantial evidence that no bona fide | 21009 |
physician-patient relationship exists. | 21010 |
The board may share any information it receives pursuant to | 21011 |
an investigation, including patient records and patient record | 21012 |
information, with law enforcement agencies, other licensing | 21013 |
boards, and other governmental agencies that are prosecuting, | 21014 |
adjudicating, or investigating alleged violations of statutes or | 21015 |
administrative rules. An agency or board that receives the | 21016 |
information shall comply with the same requirements regarding | 21017 |
confidentiality as those with which the state medical board must | 21018 |
comply, notwithstanding any conflicting provision of the Revised | 21019 |
Code or procedure of the agency or board that applies when it is | 21020 |
dealing with other information in its possession. In a judicial | 21021 |
proceeding, the information may be admitted into evidence only in | 21022 |
accordance with the Rules of Evidence, but the court shall require | 21023 |
that appropriate measures are taken to ensure that confidentiality | 21024 |
is maintained with respect to any part of the information that | 21025 |
contains names or other identifying information about patients or | 21026 |
complainants whose confidentiality was protected by the state | 21027 |
medical board when the information was in the board's possession. | 21028 |
Measures to ensure confidentiality that may be taken by the court | 21029 |
include sealing its records or deleting specific information from | 21030 |
its records. | 21031 |
(6) On a quarterly basis, the board shall prepare a report | 21032 |
that documents the disposition of all cases during the preceding | 21033 |
three months. The report shall contain the following information | 21034 |
for each case with which the board has completed its activities: | 21035 |
(a) The case number assigned to the complaint or alleged | 21036 |
violation; | 21037 |
(b) The type of certificate to practice, if any, held by the | 21038 |
individual against whom the complaint is directed; | 21039 |
(c) A description of the allegations contained in the | 21040 |
complaint; | 21041 |
(d) The disposition of the case. | 21042 |
The report shall state how many cases are still pending and | 21043 |
shall be prepared in a manner that protects the identity of each | 21044 |
person involved in each case. The report shall be a public record | 21045 |
under section 149.43 of the Revised Code. | 21046 |
(G) If the secretary and supervising member determine that | 21047 |
there is clear and convincing evidence that an individual has | 21048 |
violated division (B) of this section and that the individual's | 21049 |
continued practice presents a danger of immediate and serious harm | 21050 |
to the public, they may recommend that the board suspend the | 21051 |
individual's certificate to practice without a prior hearing. | 21052 |
Written allegations shall be prepared for consideration by the | 21053 |
board. | 21054 |
The board, upon review of those allegations and by an | 21055 |
affirmative vote of not fewer than six of its members, excluding | 21056 |
the secretary and supervising member, may suspend a certificate | 21057 |
without a prior hearing. A telephone conference call may be | 21058 |
utilized for reviewing the allegations and taking the vote on the | 21059 |
summary suspension. | 21060 |
The board shall issue a written order of suspension by | 21061 |
certified mail or in person in accordance with section 119.07 of | 21062 |
the Revised Code. The order shall not be subject to suspension by | 21063 |
the court during pendency of any appeal filed under section 119.12 | 21064 |
of the Revised Code. If the individual subject to the summary | 21065 |
suspension requests an adjudicatory hearing by the board, the date | 21066 |
set for the hearing shall be within fifteen days, but not earlier | 21067 |
than seven days, after the individual requests the hearing, unless | 21068 |
otherwise agreed to by both the board and the individual. | 21069 |
Any summary suspension imposed under this division shall | 21070 |
remain in effect, unless reversed on appeal, until a final | 21071 |
adjudicative order issued by the board pursuant to this section | 21072 |
and Chapter 119. of the Revised Code becomes effective. The board | 21073 |
shall issue its final adjudicative order within sixty days after | 21074 |
completion of its hearing. A failure to issue the order within | 21075 |
sixty days shall result in dissolution of the summary suspension | 21076 |
order but shall not invalidate any subsequent, final adjudicative | 21077 |
order. | 21078 |
(H) If the board takes action under division (B)(9), (11), or | 21079 |
(13) of this section and the judicial finding of guilt, guilty | 21080 |
plea, or judicial finding of eligibility for intervention in lieu | 21081 |
of conviction is overturned on appeal, upon exhaustion of the | 21082 |
criminal appeal, a petition for reconsideration of the order may | 21083 |
be filed with the board along with appropriate court documents. | 21084 |
Upon receipt of a petition of that nature and supporting court | 21085 |
documents, the board shall reinstate the individual's certificate | 21086 |
to practice. The board may then hold an adjudication under Chapter | 21087 |
119. of the Revised Code to determine whether the individual | 21088 |
committed the act in question. Notice of an opportunity for a | 21089 |
hearing shall be given in accordance with Chapter 119. of the | 21090 |
Revised Code. If the board finds, pursuant to an adjudication held | 21091 |
under this division, that the individual committed the act or if | 21092 |
no hearing is requested, the board may order any of the sanctions | 21093 |
identified under division (B) of this section. | 21094 |
(I) The certificate to practice issued to an individual | 21095 |
under this chapter and the individual's practice in this state are | 21096 |
automatically suspended as of the date of the individual's second | 21097 |
or subsequent plea of guilty to, or judicial finding of guilt of, | 21098 |
a violation of section 2919.123 of the Revised Code, or the date | 21099 |
the individual pleads guilty to, is found by a judge or jury to be | 21100 |
guilty of, or is subject to a judicial finding of eligibility for | 21101 |
intervention in lieu of conviction in this state or treatment or | 21102 |
intervention in lieu of conviction in another jurisdiction for any | 21103 |
of the following criminal offenses in this state or a | 21104 |
substantially equivalent criminal offense in another jurisdiction: | 21105 |
aggravated murder, murder, voluntary manslaughter, felonious | 21106 |
assault, kidnapping, rape, sexual battery, gross sexual | 21107 |
imposition, aggravated arson, aggravated robbery, or aggravated | 21108 |
burglary. Continued practice after suspension shall be considered | 21109 |
practicing without a certificate. | 21110 |
The board shall notify the individual subject to the | 21111 |
suspension by certified mail or in person in accordance with | 21112 |
section 119.07 of the Revised Code. If an individual whose | 21113 |
certificate is automatically suspended under this division fails | 21114 |
to make a timely request for an adjudication under Chapter 119. of | 21115 |
the Revised Code, the board shall do whichever of the following is | 21116 |
applicable: | 21117 |
(1) If the automatic suspension under this division is for a | 21118 |
second or subsequent plea of guilty to, or judicial finding of | 21119 |
guilt of, a violation of section 2919.123 of the Revised Code, the | 21120 |
board shall enter an order suspending the individual's certificate | 21121 |
to practice for a period of at least one year or, if determined | 21122 |
appropriate by the board, imposing a more serious sanction | 21123 |
involving the individual's certificate to practice. | 21124 |
(2) In all circumstances in which division (I)(1) of this | 21125 |
section does not apply, enter a final order permanently revoking | 21126 |
the individual's certificate to practice. | 21127 |
(J) If the board is required by Chapter 119. of the Revised | 21128 |
Code to give notice of an opportunity for a hearing and if the | 21129 |
individual subject to the notice does not timely request a hearing | 21130 |
in accordance with section 119.07 of the Revised Code, the board | 21131 |
is not required to hold a hearing, but may adopt, by an | 21132 |
affirmative vote of not fewer than six of its members, a final | 21133 |
order that contains the board's findings. In that final order, the | 21134 |
board may order any of the sanctions identified under division (A) | 21135 |
or (B) of this section. | 21136 |
(K) Any action taken by the board under division (B) of this | 21137 |
section resulting in a suspension from practice shall be | 21138 |
accompanied by a written statement of the conditions under which | 21139 |
the individual's certificate to practice may be reinstated. The | 21140 |
board shall adopt rules governing conditions to be imposed for | 21141 |
reinstatement. Reinstatement of a certificate suspended pursuant | 21142 |
to division (B) of this section requires an affirmative vote of | 21143 |
not fewer than six members of the board. | 21144 |
(L) When the board refuses to grant a certificate to an | 21145 |
applicant, revokes an individual's certificate to practice, | 21146 |
refuses to register an applicant, or refuses to reinstate an | 21147 |
individual's certificate to practice, the board may specify that | 21148 |
its action is permanent. An individual subject to a permanent | 21149 |
action taken by the board is forever thereafter ineligible to hold | 21150 |
a certificate to practice and the board shall not accept an | 21151 |
application for reinstatement of the certificate or for issuance | 21152 |
of a new certificate. | 21153 |
(M) Notwithstanding any other provision of the Revised Code, | 21154 |
all of the following apply: | 21155 |
(1) The surrender of a certificate issued under this chapter | 21156 |
shall not be effective unless or until accepted by the board. | 21157 |
Reinstatement of a certificate surrendered to the board requires | 21158 |
an affirmative vote of not fewer than six members of the board. | 21159 |
(2) An application for a certificate made under the | 21160 |
provisions of this chapter may not be withdrawn without approval | 21161 |
of the board. | 21162 |
(3) Failure by an individual to renew a certificate of | 21163 |
registration in accordance with this chapter shall not remove or | 21164 |
limit the board's jurisdiction to take any disciplinary action | 21165 |
under this section against the individual. | 21166 |
(N) Sanctions shall not be imposed under division (B)(28) of | 21167 |
this section against any person who waives deductibles and | 21168 |
copayments as follows: | 21169 |
(1) In compliance with the health benefit plan that expressly | 21170 |
allows such a practice. Waiver of the deductibles or copayments | 21171 |
shall be made only with the full knowledge and consent of the plan | 21172 |
purchaser, payer, and third-party administrator. Documentation of | 21173 |
the consent shall be made available to the board upon request. | 21174 |
(2) For professional services rendered to any other person | 21175 |
authorized to practice pursuant to this chapter, to the extent | 21176 |
allowed by this chapter and rules adopted by the board. | 21177 |
(O) Under the board's investigative duties described in this | 21178 |
section and subject to division (F) of this section, the board | 21179 |
shall develop and implement a quality intervention program | 21180 |
designed to improve through remedial education the clinical and | 21181 |
communication skills of individuals authorized under this chapter | 21182 |
to practice medicine and surgery, osteopathic medicine and | 21183 |
surgery, and podiatric medicine and surgery. In developing and | 21184 |
implementing the quality intervention program, the board may do | 21185 |
all of the following: | 21186 |
(1) Offer in appropriate cases as determined by the board an | 21187 |
educational and assessment program pursuant to an investigation | 21188 |
the board conducts under this section; | 21189 |
(2) Select providers of educational and assessment services, | 21190 |
including a quality intervention program panel of case reviewers; | 21191 |
(3) Make referrals to educational and assessment service | 21192 |
providers and approve individual educational programs recommended | 21193 |
by those providers. The board shall monitor the progress of each | 21194 |
individual undertaking a recommended individual educational | 21195 |
program. | 21196 |
(4) Determine what constitutes successful completion of an | 21197 |
individual educational program and require further monitoring of | 21198 |
the individual who completed the program or other action that the | 21199 |
board determines to be appropriate; | 21200 |
(5) Adopt rules in accordance with Chapter 119. of the | 21201 |
Revised Code to further implement the quality intervention | 21202 |
program. | 21203 |
An individual who participates in an individual educational | 21204 |
program pursuant to this division shall pay the financial | 21205 |
obligations arising from that educational program. | 21206 |
Sec. 4731.281. (A) On or before the deadline established | 21207 |
under division (B) of this section for applying for renewal of a | 21208 |
certificate of registration, each person holding a certificate | 21209 |
under this chapter to practice medicine and surgery, osteopathic | 21210 |
medicine and surgery, or podiatric medicine and surgery shall | 21211 |
certify to the state medical board that in the preceding two years | 21212 |
the person has completed one hundred hours of continuing medical | 21213 |
education. The certification shall be made upon the application | 21214 |
for biennial registration submitted pursuant to division (B) of | 21215 |
this section. The board shall adopt rules providing for pro rata | 21216 |
reductions by month of the number of hours of continuing education | 21217 |
required for persons who are in their first registration period, | 21218 |
who have a registration period of less than two years due to | 21219 |
initial implementation of the staggered renewal schedule | 21220 |
established under division (B) of this section, who have been | 21221 |
disabled due to illness or accident, or who have been absent from | 21222 |
the country. | 21223 |
In determining whether a course, program, or activity | 21224 |
qualifies for credit as continuing medical education, the board | 21225 |
shall approve all continuing medical education taken by persons | 21226 |
holding a certificate to practice medicine and surgery that is | 21227 |
certified by the Ohio state medical association, all continuing | 21228 |
medical education taken by persons holding a certificate to | 21229 |
practice osteopathic medicine and surgery that is certified by the | 21230 |
Ohio osteopathic association, and all continuing medical education | 21231 |
taken by persons holding a certificate to practice podiatry that | 21232 |
is certified by the Ohio podiatric medical association. Each | 21233 |
person holding a certificate to practice under this chapter shall | 21234 |
be given sufficient choice of continuing education programs to | 21235 |
ensure that the person has had a reasonable opportunity to | 21236 |
participate in continuing education programs that are relevant to | 21237 |
the person's medical practice in terms of subject matter and | 21238 |
level. | 21239 |
The board may require a random sample of persons holding a | 21240 |
certificate to practice under this chapter to submit materials | 21241 |
documenting completion of the continuing medical education | 21242 |
requirement during the preceding registration period, but this | 21243 |
provision shall not limit the board's authority to investigate | 21244 |
pursuant to section 4731.22 of the Revised Code. | 21245 |
(B)(1) Every person holding a certificate under this chapter | 21246 |
to practice medicine and surgery, osteopathic medicine and | 21247 |
surgery, or podiatric medicine and surgery wishing to renew that | 21248 |
certificate shall apply to the board for a certificate of | 21249 |
registration upon an application furnished by the board, and pay | 21250 |
to the board at the time of application a fee of three hundred | 21251 |
five dollars, according to the following schedule: | 21252 |
(a) Persons whose last name begins with the letters "A" | 21253 |
through "B," on or before April 1, 2001, and the first day of | 21254 |
April of every odd-numbered year thereafter; | 21255 |
(b) Persons whose last name begins with the letters "C" | 21256 |
through "D," on or before January 1, 2001, and the first day of | 21257 |
January of every odd-numbered year thereafter; | 21258 |
(c) Persons whose last name begins with the letters "E" | 21259 |
through "G," on or before October 1, 2000, and the first day of | 21260 |
October of every even-numbered year thereafter; | 21261 |
(d) Persons whose last name begins with the letters "H" | 21262 |
through "K," on or before July 1, 2000, and the first day of July | 21263 |
of every even-numbered year thereafter; | 21264 |
(e) Persons whose last name begins with the letters "L" | 21265 |
through "M," on or before April 1, 2000, and the first day of | 21266 |
April of every even-numbered year thereafter; | 21267 |
(f) Persons whose last name begins with the letters "N" | 21268 |
through "R," on or before January 1, 2000, and the first day of | 21269 |
January of every even-numbered year thereafter; | 21270 |
(g) Persons whose last name begins with the letters "S," on | 21271 |
or before October 1, 1999, and the first day of October of every | 21272 |
odd-numbered year thereafter; | 21273 |
(h) Persons whose last name begins with the letters "T" | 21274 |
through "Z," on or before July 1, 1999, and the first day of July | 21275 |
of every odd-numbered year thereafter. | 21276 |
The board shall deposit the fee in accordance with section | 21277 |
4731.24 of the Revised Code, except that the board shall deposit | 21278 |
twenty dollars of the fee into the state treasury to the credit of | 21279 |
the physician loan repayment fund created by section 3702.78 of | 21280 |
the Revised Code. | 21281 |
(2) The board shall mail or cause to be mailed to every | 21282 |
person registered to practice medicine and surgery, osteopathic | 21283 |
medicine and surgery, or podiatric medicine and surgery, an | 21284 |
application for registration addressed to the person's last known | 21285 |
post-office address or may cause the application to be sent to the | 21286 |
person through the secretary of any recognized medical, | 21287 |
osteopathic, or podiatric society, according to the following | 21288 |
schedule: | 21289 |
(a) To persons whose last name begins with the letters "A" | 21290 |
through "B," on or before January 1, 2001, and the first day of | 21291 |
January of every odd-numbered year thereafter; | 21292 |
(b) To persons whose last name begins with the letters "C" | 21293 |
through "D," on or before October 1, 2000, and the first day of | 21294 |
October of every even-numbered year thereafter; | 21295 |
(c) To persons whose last name begins with the letters "E" | 21296 |
through "G," on or before July 1, 2000, and the first day of July | 21297 |
of every even-numbered year thereafter; | 21298 |
(d) To persons whose last name begins with the letters "H" | 21299 |
through "K," on or before April 1, 2000, and the first day of | 21300 |
April of every even-numbered year thereafter; | 21301 |
(e) To persons whose last name begins with the letters "L" | 21302 |
through "M," on or before January 1, 2000, and the first day of | 21303 |
January of every even-numbered year thereafter; | 21304 |
(f) To persons whose last name begins with the letters "N" | 21305 |
through "R," on or before October 1, 1999, and the first day of | 21306 |
October of every odd-numbered year thereafter; | 21307 |
(g) To persons whose last name begins with the letters "S," | 21308 |
on or before July 1, 1999, and the first day of July of every | 21309 |
odd-numbered year thereafter; | 21310 |
(h) To persons whose last name begins with the letters "T" | 21311 |
through "Z," on or before April 1, 1999, and the first day of | 21312 |
April of every odd-numbered year thereafter; | 21313 |
Failure of any person to receive an application from the | 21314 |
board shall not excuse the person from the requirements contained | 21315 |
in this section. The application shall contain proper spaces for | 21316 |
the applicant's signature and the insertion of the required | 21317 |
information, including a statement that the person has fulfilled | 21318 |
the continuing education requirements imposed by this section. | 21319 |
The applicant shall write or cause to be written upon the | 21320 |
application so furnished the applicant's full name, principal | 21321 |
practice address and residence address, the number of the | 21322 |
applicant's certificate to practice, and any other facts for the | 21323 |
identification of the applicant as a person holding a certificate | 21324 |
to practice under this chapter as the board considers necessary. | 21325 |
The applicant shall include with the application a list of the | 21326 |
names and addresses of any clinical nurse specialists, certified | 21327 |
nurse-midwives, or certified nurse practitioners with whom the | 21328 |
applicant is currently collaborating, as defined in section | 21329 |
4723.01 of the Revised Code. The applicant shall execute and | 21330 |
deliver the application to the board by mail or in person. Every | 21331 |
person registered under this section shall give written notice to | 21332 |
the board of any change of principal practice address or residence | 21333 |
address or in the list within thirty days of the change. | 21334 |
The applicant shall report any criminal offense that | 21335 |
constitutes grounds for refusal of registration under section | 21336 |
4731.22 of the Revised Code to which the applicant has pleaded | 21337 |
guilty, of which the applicant has been found guilty, or for which | 21338 |
the applicant has been found eligible for intervention in lieu of | 21339 |
conviction, since last signing an application for a certificate of | 21340 |
registration. | 21341 |
(C) The board shall issue to any person holding a certificate | 21342 |
under this chapter to practice medicine and surgery, osteopathic | 21343 |
medicine and surgery, or podiatric medicine and surgery, upon | 21344 |
application and qualification therefor in accordance with this | 21345 |
section, a certificate of registration under the seal of the | 21346 |
board. A certificate of registration shall be valid for a two-year | 21347 |
period, commencing on the first day of the third month after the | 21348 |
registration fee is due and expiring on the last day of the month | 21349 |
two years thereafter. | 21350 |
The board shall publish and cause to be mailed to each person | 21351 |
registered under this section, upon request, a printed list of the | 21352 |
persons so registered. | 21353 |
(D) Failure of any certificate holder to register and comply | 21354 |
with this section shall operate automatically to suspend the | 21355 |
holder's certificate to practice. Continued practice after the | 21356 |
suspension of the certificate to practice shall be considered as | 21357 |
practicing in violation of section 4731.41, 4731.43, or 4731.60 of | 21358 |
the Revised Code. If the certificate has been suspended pursuant | 21359 |
to this division for two years or less, it may be reinstated. The | 21360 |
board shall reinstate a certificate to practice for failure to | 21361 |
register upon an applicant's submission of the biennial | 21362 |
registration fee, the applicable monetary penalty, and | 21363 |
certification by signature of the applicant that the applicant has | 21364 |
completed the requisite continuing medical education. The penalty | 21365 |
for reinstatement shall be fifty dollars. If the certificate has | 21366 |
been suspended pursuant to this division for more than two years, | 21367 |
it may be restored. In accordance with section 4731.222 of the | 21368 |
Revised Code, the board may restore a certificate to practice for | 21369 |
failure to register upon an applicant's submission of a | 21370 |
restoration application, the biennial registration fee, and the | 21371 |
applicable monetary penalty. The penalty for restoration shall be | 21372 |
one hundred dollars. The board shall deposit the penalties in | 21373 |
accordance with section 4731.24 of the Revised Code. | 21374 |
(E) If an individual certifies completion of the number of | 21375 |
hours and type of continuing medical education required to receive | 21376 |
a certificate of registration or reinstatement of a certificate to | 21377 |
practice, and the board finds through the random samples it | 21378 |
conducts under this section or through any other means that the | 21379 |
individual did not complete the requisite continuing medical | 21380 |
education, the board may impose a civil penalty of not more than | 21381 |
five thousand dollars. The board's finding shall be made pursuant | 21382 |
to an adjudication under Chapter 119. of the Revised Code and by | 21383 |
an affirmative vote of not fewer than six members. | 21384 |
A civil penalty imposed under this division may be in | 21385 |
addition to or in lieu of any other action the board may take | 21386 |
under section 4731.22 of the Revised Code. The board shall deposit | 21387 |
civil penalties in accordance with section 4731.24 of the Revised | 21388 |
Code. | 21389 |
(F) The state medical board may obtain information not | 21390 |
protected by statutory or common law privilege from courts and | 21391 |
other sources concerning malpractice claims against any person | 21392 |
holding a certificate to practice under this chapter or practicing | 21393 |
as provided in section 4731.36 of the Revised Code. | 21394 |
(G) Each mailing sent by the board under division (B)(2) of | 21395 |
this section to a person registered to practice medicine and | 21396 |
surgery or osteopathic medicine and surgery shall inform the | 21397 |
applicant of the reporting requirement established by division (H) | 21398 |
of section 3701.79 of the Revised Code. At the discretion of the | 21399 |
board, the information may be included on the application or on an | 21400 |
accompanying page. | 21401 |
Sec. 4781.04. (A) The manufactured homes commission shall | 21402 |
adopt rules pursuant to Chapter 119. of the Revised Code to do all | 21403 |
of the following: | 21404 |
(1) Establish uniform standards that govern the installation | 21405 |
of manufactured housing. | 21406 |
hundred eighty days after the secretary of the United States | 21407 |
department of housing and urban development adopts model standards | 21408 |
for the installation of manufactured housing or amends those | 21409 |
standards, the commission shall amend its standards as necessary | 21410 |
to be consistent with, and not less stringent than, the model | 21411 |
standards for the design and installation of manufactured housing | 21412 |
21413 | |
21414 | |
standards that the secretary determines are equal to or not less | 21415 |
stringent than the model standards. | 21416 |
(2) Govern the inspection of the installation of manufactured | 21417 |
housing. The rules shall specify that the department of health or | 21418 |
a licensor, as determined by the director of health, shall conduct | 21419 |
all inspections of the installation of manufactured housing | 21420 |
located in manufactured home parks to determine compliance with | 21421 |
the uniform installation standards the commission establishes | 21422 |
pursuant to this section. The rules shall specify that all | 21423 |
installation inspections in a manufactured home park the | 21424 |
department of health or the licensor conducts shall be conducted | 21425 |
by a person who has completed an installation training course | 21426 |
approved by the commission pursuant to division (B) of section | 21427 |
4781.04 of the Revised Code. | 21428 |
As used in division (A)(2) of this section, "licensor" has | 21429 |
the same meaning as in section 3733.01 of the Revised Code. | 21430 |
(3) Govern the design, construction, installation, approval, | 21431 |
and inspection of foundations and the base support systems for | 21432 |
manufactured housing. The rules shall specify that the department | 21433 |
of health or the licensor, as determined by the director of | 21434 |
health, shall conduct all inspections of the installation, | 21435 |
foundations, and base support systems of manufactured housing | 21436 |
located in manufactured home parks to determine compliance with | 21437 |
the uniform installation standards and foundation and base support | 21438 |
system design the commission establishes pursuant to this section. | 21439 |
The rules shall specify that all foundation and base support | 21440 |
system inspections in a manufactured home park the department of | 21441 |
health or the licensor conducts shall be conducted by a person who | 21442 |
has completed an installation training course approved by the | 21443 |
commission pursuant to division (B) of section 4781.04 of the | 21444 |
Revised Code. | 21445 |
As used in division (A)(3) of this section, "licensor" has | 21446 |
the same meaning as in section 3733.01 of the Revised Code. | 21447 |
(4) Govern the training, experience, and education | 21448 |
requirements for manufactured housing installers; | 21449 |
(5) Establish a code of ethics for manufactured housing | 21450 |
installers; | 21451 |
(6) Govern the issuance, revocation, and suspension of | 21452 |
licenses to manufactured housing installers; | 21453 |
(7) Establish fees for the issuance and renewal of licenses, | 21454 |
for conducting inspections to determine an applicant's compliance | 21455 |
with this chapter and the rules adopted pursuant to it, and for | 21456 |
the commission's expenses incurred in implementing this chapter; | 21457 |
(8) Establish conditions under which a licensee may enter | 21458 |
into contracts to fulfill the licensee's responsibilities; | 21459 |
(9) Govern the investigation of complaints concerning any | 21460 |
violation of this chapter or the rules adopted pursuant to it or | 21461 |
complaints involving the conduct of any licensed manufactured | 21462 |
housing installer or person installing manufactured housing | 21463 |
without a license; | 21464 |
(10) Establish a dispute resolution program for the timely | 21465 |
resolution of warranty issues involving new manufactured homes, | 21466 |
disputes regarding responsibility for the correction or repair of | 21467 |
defects in manufactured housing, and the installation of | 21468 |
manufactured housing. The rules shall provide for the timely | 21469 |
resolution of disputes between manufacturers, retailers, and | 21470 |
installers regarding the correction or repair of defects in | 21471 |
manufactured housing that are reported by the purchaser of the | 21472 |
home during the one-year period beginning on the date of | 21473 |
installation of the home. The rules also shall provide that | 21474 |
decisions made regarding the dispute under the program are not | 21475 |
binding upon the purchaser of the home or the other parties | 21476 |
involved in the dispute unless the purchaser so agrees in a | 21477 |
written acknowledgement that the purchaser signs and delivers to | 21478 |
the program within ten business days after the decision is issued. | 21479 |
(11) Establish the requirements and procedures for the | 21480 |
certification of building departments and building department | 21481 |
personnel pursuant to section 4781.07 of the Revised Code; | 21482 |
(12) Establish fees to be charged to building departments and | 21483 |
building department personnel applying for certification and | 21484 |
renewal of certification pursuant to section 4781.07 of the | 21485 |
Revised Code; | 21486 |
(13) Carry out any other provision of this chapter. | 21487 |
(B) The manufactured homes commission shall do all of the | 21488 |
following: | 21489 |
(1) Prepare and administer a licensure examination to | 21490 |
determine an applicant's knowledge of manufactured housing | 21491 |
installation and other aspects of installation the commission | 21492 |
determines appropriate; | 21493 |
(2) Select, provide, or procure appropriate examination | 21494 |
questions and answers for the licensure examination and establish | 21495 |
the criteria for successful completion of the examination; | 21496 |
(3) Prepare and distribute any application form this chapter | 21497 |
requires; | 21498 |
(4) Receive applications for licenses and renewal of licenses | 21499 |
and issue licenses to qualified applicants; | 21500 |
(5) Establish procedures for processing, approving, and | 21501 |
disapproving applications for licensure; | 21502 |
(6) Retain records of applications for licensure, including | 21503 |
all application materials submitted and a written record of the | 21504 |
action taken on each application; | 21505 |
(7) Review the design and plans for manufactured housing | 21506 |
installations, foundations, and support systems; | 21507 |
(8) Inspect a sample of homes at a percentage the commission | 21508 |
determines to evaluate the construction and installation of | 21509 |
manufactured housing installations, foundations, and support | 21510 |
systems to determine compliance with the standards the commission | 21511 |
adopts; | 21512 |
(9) Investigate complaints concerning violations of this | 21513 |
chapter or the rules adopted pursuant to it, or the conduct of any | 21514 |
manufactured housing installer; | 21515 |
(10) Determine appropriate disciplinary actions for | 21516 |
violations of this chapter; | 21517 |
(11) Conduct audits and inquiries of manufactured housing | 21518 |
installers as appropriate for the enforcement of this chapter. The | 21519 |
commission, or any person the commission employs for the purpose, | 21520 |
may review and audit the business records of any manufactured | 21521 |
housing installer during normal business hours. | 21522 |
(12) Approve an installation training course, which may be | 21523 |
offered by the Ohio manufactured homes association or other | 21524 |
entity; | 21525 |
(13) Perform any function or duty necessary to administer | 21526 |
this chapter and the rules adopted pursuant to it. | 21527 |
Sec. 4905.79. Any telephone company, as defined in section | 21528 |
5727.01 of the Revised Code, or, as authorized by the public | 21529 |
utilities commission, any affiliate of such a company, that | 21530 |
21531 | |
implemented after March 27, 1991, to aid the communicatively | 21532 |
impaired in accessing the telephone network shall be allowed a tax | 21533 |
credit for the costs of any such program under section 5733.56 of | 21534 |
the Revised Code. Relative to any
such program, the | 21535 |
21536 | |
interested parties to intervene and participate in any proceeding | 21537 |
or part of a proceeding brought before the commission pursuant to | 21538 |
this section. The commission shall adopt rules it considers | 21539 |
necessary to carry out this section. | 21540 |
Sec. 5111.061. (A) The department of job and family services | 21541 |
may recover a medicaid payment or portion of a payment made to a | 21542 |
provider to which the provider is not entitled | 21543 |
21544 | |
overpayment during the five-year period immediately following the | 21545 |
end of the state fiscal year in which the overpayment was made. | 21546 |
(B) Among the overpayments that may be recovered under this | 21547 |
section are the following: | 21548 |
(1) Payment for a service, or a day of service, not rendered; | 21549 |
(2) Payment for a day of service at a full per diem rate that | 21550 |
should have been paid at a percentage of the full per diem rate; | 21551 |
(3) Payment for a service, or day of service, that was paid | 21552 |
by, or partially paid by, a third-party, as defined in section | 21553 |
5101.571 of the Revised Code, and the third-party's payment or | 21554 |
partial payment was not offset against the amount paid by the | 21555 |
medicaid program to reduce or eliminate the amount that was paid | 21556 |
by the medicaid program; | 21557 |
(4) Payment when a medicaid recipient's responsibility for | 21558 |
payment was understated and resulted in an overpayment to the | 21559 |
provider. | 21560 |
(C) | 21561 |
21562 | |
section prior to or after any of the following: | 21563 |
(1) Adjudication of a final fiscal audit that section 5111.06 | 21564 |
of the Revised Code requires to be conducted in accordance with | 21565 |
Chapter 119. of the Revised Code; | 21566 |
(2) Adjudication of a finding under any other provision of | 21567 |
this chapter or the rules adopted under it; | 21568 |
(3) Expiration of the time to issue a final fiscal audit that | 21569 |
section 5111.06 of the Revised Code requires to be conducted in | 21570 |
accordance with Chapter 119. of the Revised Code; | 21571 |
(4) Expiration of the time to issue a finding under any other | 21572 |
provision of this chapter or the rules adopted under it. | 21573 |
(D)(1) Subject to division (D)(2) of this section, the | 21574 |
recovery of an overpayment under this section does not preclude | 21575 |
the department from subsequently doing the following: | 21576 |
(a) Issuing a final fiscal audit in accordance with Chapter | 21577 |
119. of the Revised Code, as required under section 5111.06 of the | 21578 |
Revised Code; | 21579 |
(b) Issuing a finding under any other provision of this | 21580 |
chapter or the rules adopted under it. | 21581 |
(2) A final fiscal audit or finding issued subsequent to the | 21582 |
recovery of an overpayment under this section shall be reduced by | 21583 |
the amount of the prior recovery, as appropriate. | 21584 |
(E) Nothing in this section limits the department's authority | 21585 |
to recover overpayments pursuant to any other provision of the | 21586 |
Revised Code. | 21587 |
| 21588 |
services, in rules adopted under section 5111.02 of the Revised | 21589 |
Code, may establish and implement a supplemental drug rebate | 21590 |
program under which drug manufacturers may be required to provide | 21591 |
the department of job and family services a supplemental rebate as | 21592 |
a condition of having the drug manufacturers' drug products | 21593 |
covered by the medicaid program without prior approval. The | 21594 |
department may receive a supplemental rebate negotiated under the | 21595 |
program for a drug dispensed to a medicaid recipient pursuant to a | 21596 |
prescription or a drug purchased by a medicaid provider for | 21597 |
administration to a medicaid recipient in the provider's primary | 21598 |
place of business. If necessary, the director may apply to the | 21599 |
United States secretary of health and human services for a waiver | 21600 |
of federal statutes and regulations to establish the supplemental | 21601 |
drug rebate program. | 21602 |
If the director establishes a supplemental drug rebate | 21603 |
program, the director shall consult with drug manufacturers | 21604 |
regarding the establishment and implementation of the program. | 21605 |
| 21606 |
(1) "State maximum allowable cost" means the per unit amount | 21607 |
the department of job and family services reimburses a terminal | 21608 |
distributor of dangerous drugs for a prescription drug included in | 21609 |
the state maximum allowable cost program established under | 21610 |
division (B) of this section. "State maximum allowable cost" | 21611 |
excludes dispensing fees and copayments, coinsurance, or other | 21612 |
cost-sharing charges, if any. | 21613 |
(2) "Terminal distributor of dangerous drugs" has the same | 21614 |
meaning as in section 4729.01 of the Revised Code. | 21615 |
(B) The director of job and family services shall establish a | 21616 |
state maximum allowable cost program for purposes of managing | 21617 |
reimbursement to terminal distributors of dangerous drugs for | 21618 |
prescription drugs identified by the director pursuant to this | 21619 |
division. The director shall do all of the following with respect | 21620 |
to the program: | 21621 |
(1) Identify and create a list of prescription drugs to be | 21622 |
included in the program. | 21623 |
(2) Update the list of prescription drugs described in | 21624 |
division (B)(1) of this section on a weekly basis. | 21625 |
(3) Review the state maximum allowable cost for each drug | 21626 |
included on the list described in division (B)(1) of this section | 21627 |
on a weekly basis. | 21628 |
(C) The director may adopt rules in accordance with Chapter | 21629 |
119. of the Revised Code to implement this section. | 21630 |
| 21631 |
"licensed health professional authorized to prescribe drugs" has | 21632 |
the same meaning as in section 4729.01 of the Revised Code. | 21633 |
(B) The director of job and family services may establish an | 21634 |
e-prescribing system for the medicaid program under which a | 21635 |
medicaid provider who is a licensed health professional authorized | 21636 |
to prescribe drugs shall use an electronic system to prescribe a | 21637 |
drug for a medicaid recipient when required to do so by division | 21638 |
(C) of this section. The e-prescribing system shall eliminate the | 21639 |
need for such medicaid providers to make prescriptions for | 21640 |
medicaid recipients by handwriting or telephone. The e-prescribing | 21641 |
system also shall provide such medicaid providers with an | 21642 |
up-to-date, clinically relevant drug information database and a | 21643 |
system of electronically monitoring medicaid recipients' medical | 21644 |
history, drug regimen compliance, and fraud and abuse. | 21645 |
(C) If the director establishes an e-prescribing system under | 21646 |
division (B) of this section, the director shall do all of the | 21647 |
following: | 21648 |
(1) Require that a medicaid provider who is a licensed health | 21649 |
professional authorized to prescribe drugs use the e-prescribing | 21650 |
system during a fiscal year if the medicaid provider was one of | 21651 |
the ten medicaid providers who, during the calendar year that | 21652 |
precedes that fiscal year, issued the most prescriptions for | 21653 |
medicaid recipients receiving hospital services; | 21654 |
(2) Before the beginning of each fiscal year, determine the | 21655 |
ten medicaid providers that issued the most prescriptions for | 21656 |
medicaid recipients receiving hospital services during the | 21657 |
calendar year that precedes the upcoming fiscal year and notify | 21658 |
those medicaid providers that they must use the e-prescribing | 21659 |
system for the upcoming fiscal year; | 21660 |
(3) Seek the most federal financial participation available | 21661 |
for the development and implementation of the e-prescribing | 21662 |
system. | 21663 |
| 21664 |
pharmacy and therapeutics committee of the department of job and | 21665 |
family services. The committee shall consist of nine members and | 21666 |
shall be appointed by the director of job and family services. The | 21667 |
membership of the committee shall include: three pharmacists | 21668 |
licensed under Chapter 4729. of the Revised Code; two doctors of | 21669 |
medicine and two doctors of osteopathy licensed under Chapter | 21670 |
4731. of the Revised Code; a registered nurse licensed under | 21671 |
Chapter 4723. of the Revised Code; and a pharmacologist who has a | 21672 |
doctoral degree. The committee shall elect one of its members as | 21673 |
chairperson. | 21674 |
Sec. 5111.11. (A) As used in this section and section | 21675 |
5111.111 of the Revised Code: | 21676 |
(1) "Estate" includes both of the following: | 21677 |
(a) All real and personal property and other assets to be | 21678 |
administered under Title XXI of the Revised Code and property that | 21679 |
would be administered under that title if not for section 2113.03 | 21680 |
or 2113.031 of the Revised Code; | 21681 |
(b) Any other real and personal property and other assets in | 21682 |
which an individual had any legal title or interest at the time of | 21683 |
death (to the extent of the interest), including assets conveyed | 21684 |
to a survivor, heir, or assign of the individual through joint | 21685 |
tenancy, tenancy in common, survivorship, life estate, living | 21686 |
trust, or other arrangement. | 21687 |
(2) "Institution" means a nursing facility, intermediate care | 21688 |
facility for the mentally retarded, or a medical institution. | 21689 |
(3) "Intermediate care facility for the mentally retarded" | 21690 |
and "nursing facility" have the same meanings as in section | 21691 |
5111.20 of the Revised Code. | 21692 |
(4) "Permanently institutionalized individual" means an | 21693 |
individual to whom all of the following apply: | 21694 |
(a) Is an inpatient in an institution; | 21695 |
(b) Is required, as a condition of the medicaid program | 21696 |
paying for the individual's services in the institution, to spend | 21697 |
for costs of medical or nursing care all of the individual's | 21698 |
income except for an amount for personal needs specified by the | 21699 |
department of job and family services; | 21700 |
(c) Cannot reasonably be expected to be discharged from the | 21701 |
institution and return home as determined by the department of job | 21702 |
and family services. | 21703 |
(5) "Qualified state long-term care insurance partnership | 21704 |
program" means the program established under section 5111.18 of | 21705 |
the Revised Code. | 21706 |
(6) "Time of death" shall not be construed to mean a time | 21707 |
after which a legal title or interest in real or personal property | 21708 |
or other asset may pass by survivorship or other operation of law | 21709 |
due to the death of the decedent or terminate by reason of the | 21710 |
decedent's death. | 21711 |
(B) To the extent permitted by federal law, the department of | 21712 |
job and family services shall institute an estate recovery program | 21713 |
under which the department shall, except as provided in divisions | 21714 |
(C) | 21715 |
(1) For the costs of medicaid services the medicaid program | 21716 |
correctly paid or will pay on behalf of a permanently | 21717 |
institutionalized individual of any age, seek adjustment or | 21718 |
recovery from the individual's estate or on the sale of property | 21719 |
of the individual or spouse that is subject to a lien imposed | 21720 |
under section 5111.111 of the Revised Code; | 21721 |
(2) For the costs of medicaid services the medicaid program | 21722 |
correctly paid or will pay on behalf of an individual fifty-five | 21723 |
years of age or older who is not a permanently institutionalized | 21724 |
individual, seek adjustment or recovery from the individual's | 21725 |
estate. | 21726 |
(C)(1) No adjustment or recovery may be made under division | 21727 |
(B)(1) of this section from a permanently institutionalized | 21728 |
individual's estate or on the sale of property of a permanently | 21729 |
institutionalized individual that is subject to a lien imposed | 21730 |
under section 5111.111 of the Revised Code or under division | 21731 |
(B)(2) of this section from an individual's estate while either of | 21732 |
the following are alive: | 21733 |
(a) The spouse of the permanently institutionalized | 21734 |
individual or individual; | 21735 |
(b) The son or daughter of a permanently institutionalized | 21736 |
individual or individual if the son or daughter is under age | 21737 |
twenty-one or, under 42 U.S.C. 1382c, is considered blind or | 21738 |
disabled. | 21739 |
(2) No adjustment or recovery may be made under division | 21740 |
(B)(1) of this section from a permanently institutionalized | 21741 |
individual's home that is subject to a lien imposed under section | 21742 |
5111.111 of the Revised Code while either of the following | 21743 |
lawfully reside in the home: | 21744 |
(a) The permanently institutionalized individual's sibling | 21745 |
who resided in the home for at least one year immediately before | 21746 |
the date of the permanently institutionalized individual's | 21747 |
admission to the institution and on a continuous basis since that | 21748 |
time; | 21749 |
(b) The permanently institutionalized individual's son or | 21750 |
daughter who provided care to the permanently institutionalized | 21751 |
individual that delayed the permanently institutionalized | 21752 |
individual's institutionalization and resided in the home for at | 21753 |
least two years immediately before the date of the permanently | 21754 |
institutionalized individual's admission to the institution and on | 21755 |
a continuous basis since that time. | 21756 |
(D) In the case of a participant of the qualified state | 21757 |
long-term care insurance partnership program, adjustment or | 21758 |
recovery required by this section may be reduced in accordance | 21759 |
with rules adopted under division (G) of this section. | 21760 |
(E) The department shall, in accordance with procedures and | 21761 |
criteria established in rules adopted under division (G) of this | 21762 |
section, waive seeking an adjustment or recovery otherwise | 21763 |
required by this section if the director of job and family | 21764 |
services determines that adjustment or recovery would work an | 21765 |
undue hardship. The department may limit the duration of the | 21766 |
waiver to the period during which the undue hardship exists. | 21767 |
| 21768 |
21769 | |
21770 | |
21771 | |
21772 | |
21773 | |
21774 |
| 21775 |
meets the definition of "permanently institutionalized individual" | 21776 |
established for this section, a rebuttable presumption exists that | 21777 |
the individual cannot reasonably be expected to be discharged from | 21778 |
an institution and return home if either of the following is the | 21779 |
case: | 21780 |
(1) The individual declares that he or she does not intend to | 21781 |
return home. | 21782 |
(2) The individual has been an inpatient in an institution | 21783 |
for at least six months. | 21784 |
(G) The director of job and family services shall adopt rules | 21785 |
in accordance with Chapter 119. of the Revised Code regarding the | 21786 |
estate recovery program, including rules that do both of the | 21787 |
following: | 21788 |
(1) For the purpose of division (D) of this section and | 21789 |
consistent with 42 U.S.C. 1396p(b)(1)(C), provide for reducing an | 21790 |
adjustment or recovery in the case of a participant of the | 21791 |
qualified state long-term care insurance partnership program; | 21792 |
(2) For the purpose of division (E) of this section and | 21793 |
consistent with the standards specified by the United States | 21794 |
secretary of health and human services under 42 U.S.C. | 21795 |
1396p(b)(3), establish procedures and criteria for waiving | 21796 |
adjustment or recovery due to an undue hardship. | 21797 |
Sec. 5111.18. Not later than September 1, 2007, the director | 21798 |
of job and family services shall establish a qualified state | 21799 |
long-term care insurance partnership program consistent with the | 21800 |
definition of that term in 42 U.S.C. 1396p(b)(1)(C)(iii). An | 21801 |
individual participating in the program who is subject to the | 21802 |
medicaid estate recovery program instituted under section 5111.11 | 21803 |
of the Revised Code shall be eligible for the reduced adjustment | 21804 |
or recovery under division (D) of that section. | 21805 |
The director of job and family services may adopt rules in | 21806 |
accordance with Chapter 119. of the Revised Code as necessary to | 21807 |
implement this section. | 21808 |
Sec. 5111.20. As used in sections 5111.20 to 5111.34 of the | 21809 |
Revised Code: | 21810 |
(A) "Allowable costs" are those costs determined by the | 21811 |
department of job and family services to be reasonable and do not | 21812 |
include fines paid under sections 5111.35 to 5111.61 and section | 21813 |
5111.99 of the Revised Code. | 21814 |
(B) "Ancillary and support costs" means all reasonable costs | 21815 |
incurred by a nursing facility other than direct care costs or | 21816 |
capital costs. "Ancillary and support costs" includes, but is not | 21817 |
limited to, costs of activities, social services, pharmacy | 21818 |
consultants, habilitation supervisors, qualified mental | 21819 |
retardation professionals, program directors, medical and | 21820 |
habilitation records, program supplies, incontinence supplies, | 21821 |
food, enterals, dietary supplies and personnel, laundry, | 21822 |
housekeeping, security, administration, medical equipment, | 21823 |
utilities, liability insurance, bookkeeping, purchasing | 21824 |
department, human resources, communications, travel, dues, license | 21825 |
fees, subscriptions, home office costs not otherwise allocated, | 21826 |
legal services, accounting services, minor equipment, maintenance | 21827 |
and repairs, help-wanted advertising, informational advertising, | 21828 |
start-up costs, organizational expenses, other interest, property | 21829 |
insurance, employee training and staff development, employee | 21830 |
benefits, payroll taxes, and workers' compensation premiums or | 21831 |
costs for self-insurance claims and related costs as specified in | 21832 |
rules adopted by the director of job and family services under | 21833 |
section 5111.02 of the Revised Code, for personnel listed in this | 21834 |
division. "Ancillary and support costs" also means the cost of | 21835 |
equipment, including vehicles, acquired by operating lease | 21836 |
executed before December 1, 1992, if the costs are reported as | 21837 |
administrative and general costs on the facility's cost report for | 21838 |
the cost reporting period ending December 31, 1992. | 21839 |
(C) "Capital costs" means costs of ownership and, in the case | 21840 |
of an intermediate care facility for the mentally retarded, costs | 21841 |
of nonextensive renovation. | 21842 |
(1) "Cost of ownership" means the actual expense incurred for | 21843 |
all of the following: | 21844 |
(a) Depreciation and interest on any capital assets that cost | 21845 |
five hundred dollars or more per item, including the following: | 21846 |
(i) Buildings; | 21847 |
(ii) Building improvements that are not approved as | 21848 |
nonextensive renovations under section 5111.251 of the Revised | 21849 |
Code; | 21850 |
(iii) Except as provided in division (B) of this section, | 21851 |
equipment; | 21852 |
(iv) In the case of an intermediate care facility for the | 21853 |
mentally retarded, extensive renovations; | 21854 |
(v) Transportation equipment. | 21855 |
(b) Amortization and interest on land improvements and | 21856 |
leasehold improvements; | 21857 |
(c) Amortization of financing costs; | 21858 |
(d) Except as provided in division (K) of this section, lease | 21859 |
and rent of land, building, and equipment. | 21860 |
The costs of capital assets of less than five hundred dollars | 21861 |
per item may be considered capital costs in accordance with a | 21862 |
provider's practice. | 21863 |
(2) "Costs of nonextensive renovation" means the actual | 21864 |
expense incurred by an intermediate care facility for the mentally | 21865 |
retarded for depreciation or amortization and interest on | 21866 |
renovations that are not extensive renovations. | 21867 |
(D) "Capital lease" and "operating lease" shall be construed | 21868 |
in accordance with generally accepted accounting principles. | 21869 |
(E) "Case-mix score" means the measure determined under | 21870 |
section 5111.232 of the Revised Code of the relative direct-care | 21871 |
resources needed to provide care and habilitation to a resident of | 21872 |
a nursing facility or intermediate care facility for the mentally | 21873 |
retarded. | 21874 |
(F) "Date of licensure," for a facility originally licensed | 21875 |
as a nursing home under Chapter 3721. of the Revised Code, means | 21876 |
the date specific beds were originally licensed as nursing home | 21877 |
beds under that chapter, regardless of whether they were | 21878 |
subsequently licensed as residential facility beds under section | 21879 |
5123.19 of the Revised Code. For a facility originally licensed as | 21880 |
a residential facility under section 5123.19 of the Revised Code, | 21881 |
"date of licensure" means the date specific beds were originally | 21882 |
licensed as residential facility beds under that section. | 21883 |
(1) If nursing home beds licensed under Chapter 3721. of the | 21884 |
Revised Code or residential facility beds licensed under section | 21885 |
5123.19 of the Revised Code were not required by law to be | 21886 |
licensed when they were originally used to provide nursing home or | 21887 |
residential facility services, "date of licensure" means the date | 21888 |
the beds first were used to provide nursing home or residential | 21889 |
facility services, regardless of the date the present provider | 21890 |
obtained licensure. | 21891 |
(2) If a facility adds nursing home beds or residential | 21892 |
facility beds or extensively renovates all or part of the facility | 21893 |
after its original date of licensure, it will have a different | 21894 |
date of licensure for the additional beds or extensively renovated | 21895 |
portion of the facility, unless the beds are added in a space that | 21896 |
was constructed at the same time as the previously licensed beds | 21897 |
but was not licensed under Chapter 3721. or section 5123.19 of the | 21898 |
Revised Code at that time. | 21899 |
(G) "Desk-reviewed" means that costs as reported on a cost | 21900 |
report submitted under section 5111.26 of the Revised Code have | 21901 |
been subjected to a desk review under division (A) of section | 21902 |
5111.27 of the Revised Code and preliminarily determined to be | 21903 |
allowable costs. | 21904 |
(H) "Direct care costs" means all of the following: | 21905 |
(1)(a) Costs for registered nurses, licensed practical | 21906 |
nurses, and nurse aides employed by the facility; | 21907 |
(b) Costs for direct care staff, administrative nursing | 21908 |
staff, medical directors, | 21909 |
21910 | |
therapists,
| 21911 |
division
| 21912 |
qualifying them to provide therapy; | 21913 |
(c) Costs of purchased nursing services; | 21914 |
(d) Costs of quality assurance; | 21915 |
(e) Costs of training and staff development, employee | 21916 |
benefits, payroll taxes, and workers' compensation premiums or | 21917 |
costs for self-insurance claims and related costs as specified in | 21918 |
rules adopted by the director of job and family services in | 21919 |
accordance with Chapter 119. of the Revised Code, for personnel | 21920 |
listed in divisions (H)(1)(a), (b), and (d) of this section; | 21921 |
(f) Costs of consulting and management fees related to direct | 21922 |
care; | 21923 |
(g) Allocated direct care home office costs. | 21924 |
(2) In addition to the costs specified in division (H)(1) of | 21925 |
this section, for nursing facilities only, direct care costs | 21926 |
include costs of habilitation staff (other than habilitation | 21927 |
supervisors), medical supplies, emergency oxygen, habilitation | 21928 |
supplies, and universal precautions supplies. | 21929 |
(3) In addition to the costs specified in division (H)(1) of | 21930 |
this section, for intermediate care facilities for the mentally | 21931 |
retarded only, direct care costs include both of the following: | 21932 |
(a) Costs for physical therapists and physical therapy | 21933 |
assistants, occupational therapists and occupational therapy | 21934 |
assistants, speech therapists, audiologists, habilitation staff | 21935 |
(including habilitation supervisors), qualified mental retardation | 21936 |
professionals, program directors, social services staff, | 21937 |
activities staff, psychologists and psychology assistants, and | 21938 |
social workers and counselors; | 21939 |
(b) Costs of training and staff development, employee | 21940 |
benefits, payroll taxes, and workers' compensation premiums or | 21941 |
costs for self-insurance claims and related costs as specified in | 21942 |
rules adopted under section 5111.02 of the Revised Code, for | 21943 |
personnel listed in division (H)(3)(a) of this section. | 21944 |
(4) Costs of other direct-care resources that are specified | 21945 |
as direct care costs in rules adopted under section 5111.02 of the | 21946 |
Revised Code. | 21947 |
(I) "Fiscal year" means the fiscal year of this state, as | 21948 |
specified in section 9.34 of the Revised Code. | 21949 |
(J) "Franchise permit fee" means the fee imposed by sections | 21950 |
3721.50 to 3721.58 of the Revised Code. | 21951 |
(K) "Indirect care costs" means all reasonable costs incurred | 21952 |
by an intermediate care facility for the mentally retarded other | 21953 |
than direct care costs, other protected costs, or capital costs. | 21954 |
"Indirect care costs" includes but is not limited to costs of | 21955 |
habilitation supplies, pharmacy consultants, medical and | 21956 |
habilitation records, program supplies, incontinence supplies, | 21957 |
food, enterals, dietary supplies and personnel, laundry, | 21958 |
housekeeping, security, administration, liability insurance, | 21959 |
bookkeeping, purchasing department, human resources, | 21960 |
communications, travel, dues, license fees, subscriptions, home | 21961 |
office costs not otherwise allocated, legal services, accounting | 21962 |
services, minor equipment, maintenance and repairs, help-wanted | 21963 |
advertising, informational advertising, start-up costs, | 21964 |
organizational expenses, other interest, property insurance, | 21965 |
employee training and staff development, employee benefits, | 21966 |
payroll taxes, and workers' compensation premiums or costs for | 21967 |
self-insurance claims and related costs as specified in rules | 21968 |
adopted under section 5111.02 of the Revised Code, for personnel | 21969 |
listed in this division. Notwithstanding division (C)(1) of this | 21970 |
section, "indirect care costs" also means the cost of equipment, | 21971 |
including vehicles, acquired by operating lease executed before | 21972 |
December 1, 1992, if the costs are reported as administrative and | 21973 |
general costs on the facility's cost report for the cost reporting | 21974 |
period ending December 31, 1992. | 21975 |
(L) "Inpatient days" means all days during which a resident, | 21976 |
regardless of payment source, occupies a bed in a nursing facility | 21977 |
or intermediate care facility for the mentally retarded that is | 21978 |
included in the facility's certified capacity under Title XIX. | 21979 |
Therapeutic or hospital leave days for which payment is made under | 21980 |
section 5111.33 of the Revised Code are considered inpatient days | 21981 |
proportionate to the percentage of the facility's per resident per | 21982 |
day rate paid for those days. | 21983 |
(M) "Intermediate care facility for the mentally retarded" | 21984 |
means an intermediate care facility for the mentally retarded | 21985 |
certified as in compliance with applicable standards for the | 21986 |
medicaid program by the director of health in accordance with | 21987 |
Title XIX. | 21988 |
(N) "Maintenance and repair expenses" means, except as | 21989 |
provided in division (BB)(2) of this section, expenditures that | 21990 |
are necessary and proper to maintain an asset in a normally | 21991 |
efficient working condition and that do not extend the useful life | 21992 |
of the asset two years or more. "Maintenance and repair expenses" | 21993 |
includes but is not limited to the cost of ordinary repairs such | 21994 |
as painting and wallpapering. | 21995 |
(O) "Medicaid days" means all days during which a resident | 21996 |
who is a Medicaid recipient eligible for nursing facility services | 21997 |
occupies a bed in a nursing facility that is included in the | 21998 |
nursing facility's certified capacity under Title XIX. Therapeutic | 21999 |
or hospital leave days for which payment is made under section | 22000 |
5111.33 of the Revised Code are considered Medicaid days | 22001 |
proportionate to the percentage of the nursing facility's per | 22002 |
resident per day rate paid for those days. | 22003 |
(P) "Nursing facility" means a facility, or a distinct part | 22004 |
of a facility, that is certified as a nursing facility by the | 22005 |
director of health in accordance with Title XIX and is not an | 22006 |
intermediate care facility for the mentally retarded. "Nursing | 22007 |
facility" includes a facility, or a distinct part of a facility, | 22008 |
that is certified as a nursing facility by the director of health | 22009 |
in accordance with Title XIX and is certified as a skilled nursing | 22010 |
facility by the director in accordance with Title XVIII. | 22011 |
(Q) "Operator" means the person or government entity | 22012 |
responsible for the daily operating and management decisions for a | 22013 |
nursing facility or intermediate care facility for the mentally | 22014 |
retarded. | 22015 |
(R) "Other protected costs" means costs incurred by an | 22016 |
intermediate care facility for the mentally retarded for medical | 22017 |
supplies; real estate, franchise, and property taxes; natural gas, | 22018 |
fuel oil, water, electricity, sewage, and refuse and hazardous | 22019 |
medical waste collection; allocated other protected home office | 22020 |
costs; and any additional costs defined as other protected costs | 22021 |
in rules adopted under section 5111.02 of the Revised Code. | 22022 |
(S)(1) "Owner" means any person or government entity that has | 22023 |
at least five per cent ownership or interest, either directly, | 22024 |
indirectly, or in any combination, in any of the following | 22025 |
regarding a nursing facility or intermediate care facility for the | 22026 |
mentally retarded: | 22027 |
(a) The land on which the facility is located; | 22028 |
(b) The structure in which the facility is located; | 22029 |
(c) Any mortgage, contract for deed, or other obligation | 22030 |
secured in whole or in part by the land or structure on or in | 22031 |
which the facility is located; | 22032 |
(d) Any lease or sublease of the land or structure on or in | 22033 |
which the facility is located. | 22034 |
(2) "Owner" does not mean a holder of a debenture or bond | 22035 |
related to the nursing facility or intermediate care facility for | 22036 |
the mentally retarded and purchased at public issue or a regulated | 22037 |
lender that has made a loan related to the facility unless the | 22038 |
holder or lender operates the facility directly or through a | 22039 |
subsidiary. | 22040 |
(T) "Patient" includes "resident." | 22041 |
(U) Except as provided in divisions (U)(1) and (2) of this | 22042 |
section, "per diem" means a nursing facility's or intermediate | 22043 |
care facility for the mentally retarded's actual, allowable costs | 22044 |
in a given cost center in a cost reporting period, divided by the | 22045 |
facility's inpatient days for that cost reporting period. | 22046 |
(1) When calculating indirect care costs for the purpose of | 22047 |
establishing rates under section 5111.241 of the Revised Code, | 22048 |
"per diem" means an intermediate care facility for the mentally | 22049 |
retarded's actual, allowable indirect care costs in a cost | 22050 |
reporting period divided by the greater of the facility's | 22051 |
inpatient days for that period or the number of inpatient days the | 22052 |
facility would have had during that period if its occupancy rate | 22053 |
had been eighty-five per cent. | 22054 |
(2) When calculating capital costs for the purpose of | 22055 |
establishing rates under section 5111.251 of the Revised Code, | 22056 |
"per diem" means a facility's actual, allowable capital costs in a | 22057 |
cost reporting period divided by the greater of the facility's | 22058 |
inpatient days for that period or the number of inpatient days the | 22059 |
facility would have had during that period if its occupancy rate | 22060 |
had been ninety-five per cent. | 22061 |
(V) "Provider" means an operator with a provider agreement. | 22062 |
(W) "Provider agreement" means a contract between the | 22063 |
department of job and family services and the operator of a | 22064 |
nursing facility or intermediate care facility for the mentally | 22065 |
retarded for the provision of nursing facility services or | 22066 |
intermediate care facility services for the mentally retarded | 22067 |
under the medicaid program. | 22068 |
(X) "Purchased nursing services" means services that are | 22069 |
provided in a nursing facility by registered nurses, licensed | 22070 |
practical nurses, or nurse aides who are not employees of the | 22071 |
facility. | 22072 |
(Y) "Reasonable" means that a cost is an actual cost that is | 22073 |
appropriate and helpful to develop and maintain the operation of | 22074 |
patient care facilities and activities, including normal standby | 22075 |
costs, and that does not exceed what a prudent buyer pays for a | 22076 |
given item or services. Reasonable costs may vary from provider to | 22077 |
provider and from time to time for the same provider. | 22078 |
(Z) "Related party" means an individual or organization that, | 22079 |
to a significant extent, has common ownership with, is associated | 22080 |
or affiliated with, has control of, or is controlled by, the | 22081 |
provider. | 22082 |
(1) An individual who is a relative of an owner is a related | 22083 |
party. | 22084 |
(2) Common ownership exists when an individual or individuals | 22085 |
possess significant ownership or equity in both the provider and | 22086 |
the other organization. Significant ownership or equity exists | 22087 |
when an individual or individuals possess five per cent ownership | 22088 |
or equity in both the provider and a supplier. Significant | 22089 |
ownership or equity is presumed to exist when an individual or | 22090 |
individuals possess ten per cent ownership or equity in both the | 22091 |
provider and another organization from which the provider | 22092 |
purchases or leases real property. | 22093 |
(3) Control exists when an individual or organization has the | 22094 |
power, directly or indirectly, to significantly influence or | 22095 |
direct the actions or policies of an organization. | 22096 |
(4) An individual or organization that supplies goods or | 22097 |
services to a provider shall not be considered a related party if | 22098 |
all of the following conditions are met: | 22099 |
(a) The supplier is a separate bona fide organization. | 22100 |
(b) A substantial part of the supplier's business activity of | 22101 |
the type carried on with the provider is transacted with others | 22102 |
than the provider and there is an open, competitive market for the | 22103 |
types of goods or services the supplier furnishes. | 22104 |
(c) The types of goods or services are commonly obtained by | 22105 |
other nursing facilities or intermediate care facilities for the | 22106 |
mentally retarded from outside organizations and are not a basic | 22107 |
element of patient care ordinarily furnished directly to patients | 22108 |
by the facilities. | 22109 |
(d) The charge to the provider is in line with the charge for | 22110 |
the goods or services in the open market and no more than the | 22111 |
charge made under comparable circumstances to others by the | 22112 |
supplier. | 22113 |
(AA) "Relative of owner" means an individual who is related | 22114 |
to an owner of a nursing facility or intermediate care facility | 22115 |
for the mentally retarded by one of the following relationships: | 22116 |
(1) Spouse; | 22117 |
(2) Natural parent, child, or sibling; | 22118 |
(3) Adopted parent, child, or sibling; | 22119 |
(4) Stepparent, stepchild, stepbrother, or stepsister; | 22120 |
(5) Father-in-law, mother-in-law, son-in-law, | 22121 |
daughter-in-law, brother-in-law, or sister-in-law; | 22122 |
(6) Grandparent or grandchild; | 22123 |
(7) Foster caregiver, foster child, foster brother, or foster | 22124 |
sister. | 22125 |
(BB) "Renovation" and "extensive renovation" mean: | 22126 |
(1) Any betterment, improvement, or restoration of an | 22127 |
intermediate care facility for the mentally retarded started | 22128 |
before July 1, 1993, that meets the definition of a renovation or | 22129 |
extensive renovation established in rules adopted by the director | 22130 |
of job and family services in effect on December 22, 1992. | 22131 |
(2) In the case of betterments, improvements, and | 22132 |
restorations of intermediate care facilities for the mentally | 22133 |
retarded started on or after July 1, 1993: | 22134 |
(a) "Renovation" means the betterment, improvement, or | 22135 |
restoration of an intermediate care facility for the mentally | 22136 |
retarded beyond its current functional capacity through a | 22137 |
structural change that costs at least five hundred dollars per | 22138 |
bed. A renovation may include betterment, improvement, | 22139 |
restoration, or replacement of assets that are affixed to the | 22140 |
building and have a useful life of at least five years. A | 22141 |
renovation may include costs that otherwise would be considered | 22142 |
maintenance and repair expenses if they are an integral part of | 22143 |
the structural change that makes up the renovation project. | 22144 |
"Renovation" does not mean construction of additional space for | 22145 |
beds that will be added to a facility's licensed or certified | 22146 |
capacity. | 22147 |
(b) "Extensive renovation" means a renovation that costs more | 22148 |
than sixty-five per cent and no more than eighty-five per cent of | 22149 |
the cost of constructing a new bed and that extends the useful | 22150 |
life of the assets for at least ten years. | 22151 |
For the purposes of division (BB)(2) of this section, the | 22152 |
cost of constructing a new bed shall be considered to be forty | 22153 |
thousand dollars, adjusted for the estimated rate of inflation | 22154 |
from January 1, 1993, to the end of the calendar year during which | 22155 |
the renovation is completed, using the consumer price index for | 22156 |
shelter costs for all urban consumers for the north central | 22157 |
region, as published by the United States bureau of labor | 22158 |
statistics. | 22159 |
The department of job and family services may treat a | 22160 |
renovation that costs more than eighty-five per cent of the cost | 22161 |
of constructing new beds as an extensive renovation if the | 22162 |
department determines that the renovation is more prudent than | 22163 |
construction of new beds. | 22164 |
(CC) "Title XIX" means Title XIX of the "Social Security | 22165 |
Act," 79 Stat. 286 (1965), 42 U.S.C. 1396, as amended. | 22166 |
(DD) "Title XVIII" means Title XVIII of the "Social Security | 22167 |
Act," 79 Stat. 286 (1965), 42 U.S.C. 1395, as amended. | 22168 |
Sec. 5111.222. (A) Except as otherwise provided by sections | 22169 |
5111.20 to 5111.33 of the Revised Code and by division (B) of this | 22170 |
section, the payments that the department of job and family | 22171 |
services shall agree to make to the provider of a nursing facility | 22172 |
pursuant to a provider agreement shall equal the sum of all of the | 22173 |
following: | 22174 |
(1) The rate for direct care costs determined for the nursing | 22175 |
facility under section 5111.231 of the Revised Code; | 22176 |
(2) The rate for ancillary and support costs determined for | 22177 |
the nursing facility's ancillary and support cost peer group under | 22178 |
section 5111.24 of the Revised Code; | 22179 |
(3) The rate for tax costs determined for the nursing | 22180 |
facility under section 5111.242 of the Revised Code; | 22181 |
(4) The rate for franchise permit fees determined for the | 22182 |
nursing facility under section 5111.243 of the Revised Code; | 22183 |
(5) The quality incentive payment paid to the nursing | 22184 |
22185 | |
the Revised Code; | 22186 |
(6) The median rate for capital costs for the nursing | 22187 |
facilities in the nursing facility's capital costs peer group as | 22188 |
determined under section 5111.25 of the Revised Code. | 22189 |
(B) The department shall adjust the | 22190 |
determined under | 22191 |
this section as directed by the general assembly through the | 22192 |
enactment of law governing medicaid payments to providers of | 22193 |
nursing facilities, including any law that does either of the | 22194 |
following: | 22195 |
(1) Establishes factors by which the | 22196 |
adjusted; | 22197 |
(2) Establishes a methodology for phasing in the rates | 22198 |
determined for fiscal year 2006 under uncodified law the general | 22199 |
assembly enacts to rates determined for subsequent fiscal years | 22200 |
under sections 5111.20 to 5111.33 of the Revised Code. | 22201 |
Sec. 5111.231. (A) As used in this section, "applicable | 22202 |
calendar year" means the following: | 22203 |
(1) For the purpose of the department of job and family | 22204 |
services' initial determination under division (D) of this section | 22205 |
of each peer group's cost per case-mix unit, calendar year 2003; | 22206 |
(2) For the purpose of the department's subsequent | 22207 |
determinations under division (D) of this section of each peer | 22208 |
group's cost per case-mix unit, the calendar year the department | 22209 |
selects. | 22210 |
(B) The department of job and family services shall pay a | 22211 |
provider for each of the provider's eligible nursing facilities a | 22212 |
per resident per day rate for direct care costs determined | 22213 |
22214 | |
unit determined under division (D) of this section for the | 22215 |
facility's peer group by the facility's semiannual case-mix score | 22216 |
determined under section 5111.232 of the Revised Code. | 22217 |
(C) For the purpose of determining nursing facilities' rate | 22218 |
for direct care costs, the department shall establish three peer | 22219 |
groups. | 22220 |
Each nursing facility located in any of the following | 22221 |
counties shall be placed in peer group one: Brown, Butler, | 22222 |
Clermont, Clinton, Hamilton, and Warren. | 22223 |
Each nursing facility located in any of the following | 22224 |
counties shall be placed in peer group two: Ashtabula, Champaign, | 22225 |
Clark, Cuyahoga, Darke, Delaware, Fairfield, Fayette, Franklin, | 22226 |
Fulton, Geauga, Greene, Hancock, Knox, Lake, Licking, Lorain, | 22227 |
Lucas, Madison, Marion, Medina, Miami, Montgomery, Morrow, Ottawa, | 22228 |
Pickaway, Portage, Preble, Ross, Sandusky, Seneca, Summit, Union, | 22229 |
and Wood. | 22230 |
Each nursing facility located in any of the following | 22231 |
counties shall be placed in peer group three: Adams, Allen, | 22232 |
Ashland, Athens, Auglaize, Belmont, Carroll, Columbiana, | 22233 |
Coshocton, Crawford, Defiance, Erie, Gallia, Guernsey, Hardin, | 22234 |
Harrison, Henry, Highland, Hocking, Holmes, Huron, Jackson, | 22235 |
Jefferson, Lawrence, Logan, Mahoning, Meigs, Mercer, Monroe, | 22236 |
Morgan, Muskingum, Noble, Paulding, Perry, Pike, Putnam, Richland, | 22237 |
Scioto, Shelby, Stark, Trumbull, Tuscarawas, Van Wert, Vinton, | 22238 |
Washington, Wayne, Williams, and Wyandot. | 22239 |
(D)(1) At least once every ten years, the department shall | 22240 |
determine a cost per case-mix unit for each peer group established | 22241 |
under division (C) of this section. A cost per case-mix unit | 22242 |
determined under this division for a peer group shall be used for | 22243 |
subsequent years until the department redetermines it. To | 22244 |
determine a peer group's cost per case-mix unit, the department | 22245 |
shall do all of the following: | 22246 |
(a) Determine the cost per case-mix unit for each nursing | 22247 |
facility in the peer group for the applicable calendar year by | 22248 |
dividing each facility's desk-reviewed, actual, allowable, per | 22249 |
diem direct care costs for the applicable calendar year by the | 22250 |
facility's annual average case-mix score determined under section | 22251 |
5111.232 of the Revised Code for the applicable calendar year. | 22252 |
(b) Subject to division (D)(2) of this section, identify | 22253 |
which nursing facility in the peer group is at the twenty-fifth | 22254 |
percentile of the cost per case-mix units determined under | 22255 |
division (D)(1)(a) of this section. | 22256 |
(c) Calculate the amount that is seven per cent above the | 22257 |
cost per case-mix unit determined under division (D)(1)(a) of this | 22258 |
section for the nursing facility identified under division | 22259 |
(D)(1)(b) of this section. | 22260 |
(d) Multiply the amount calculated under division (D)(1)(c) | 22261 |
of this section by the rate of inflation for the eighteen-month | 22262 |
period beginning on the first day of July of the applicable | 22263 |
calendar year and ending the last day of December of the calendar | 22264 |
year immediately following the applicable calendar year using the | 22265 |
employment cost index for total compensation, health services | 22266 |
component, published by the United States bureau of labor | 22267 |
statistics. | 22268 |
(2) In making the identification under division (D)(1)(b) of | 22269 |
this section, the department shall exclude both of the following: | 22270 |
(a) Nursing facilities that participated in the medicaid | 22271 |
program under the same provider for less than twelve months in the | 22272 |
applicable calendar year; | 22273 |
(b) Nursing facilities whose | 22274 |
case-mix unit is more than one standard deviation from the mean | 22275 |
22276 | |
case-mix unit for all nursing facilities in the nursing facility's | 22277 |
peer group for the applicable calendar year. | 22278 |
(3) The department shall not redetermine a peer group's cost | 22279 |
per case-mix unit under this division based on additional | 22280 |
information that it receives after the peer group's per case-mix | 22281 |
unit is determined. The department shall redetermine a peer | 22282 |
group's cost per case-mix unit only if it made an error in | 22283 |
determining the peer group's cost per case-mix unit based on | 22284 |
information available to the department at the time of the | 22285 |
original determination. | 22286 |
Sec. 5111.244. (A) As used in this section, "deficiency" and | 22287 |
"standard survey" have the same meanings as in section 5111.35 of | 22288 |
the Revised Code. | 22289 |
(B) Each fiscal year, the department of job and family | 22290 |
services shall pay the provider of each nursing facility | 22291 |
22292 | |
22293 | |
22294 | |
22295 | |
22296 | |
22297 | |
22298 | |
The amount of a quality incentive payment paid to a provider for a | 22299 |
fiscal year shall be based on the number of points the provider's | 22300 |
nursing facility is awarded under division (C) of this section for | 22301 |
that fiscal year. The amount of a quality incentive payment paid | 22302 |
to a provider of a nursing facility that is awarded no points may | 22303 |
be zero. The mean payment for fiscal year 2007, weighted by | 22304 |
medicaid days, shall be | 22305 |
22306 | |
22307 | |
medicaid day. | 22308 |
22309 | |
department shall adjust the mean payment for subsequent fiscal | 22310 |
years by the same adjustment factors the department uses to | 22311 |
adjust, pursuant to division (B) of section 5111.222 of the | 22312 |
Revised Code, nursing facilities' rates otherwise determined under | 22313 |
divisions (A)(1), (2), (3), and (6) of that section. | 22314 |
(C) | 22315 |
22316 | |
22317 | |
22318 | |
22319 | |
22320 | |
22321 | |
22322 | |
22323 | |
22324 | |
22325 | |
22326 | |
22327 |
| 22328 |
this section, the department shall annually award each nursing | 22329 |
facility participating in the medicaid program one point for each | 22330 |
of the following accountability measures the facility meets: | 22331 |
| 22332 |
facility's most recent standard survey. | 22333 |
| 22334 |
and severity level greater than E, as determined under nursing | 22335 |
facility certification standards established under Title XIX, on | 22336 |
the facility's most recent standard survey. | 22337 |
| 22338 |
statewide average. | 22339 |
| 22340 |
statewide average. | 22341 |
| 22342 |
above the statewide average. | 22343 |
| 22344 |
average for the facility's peer group established in division (C) | 22345 |
of section 5111.231 of the Revised Code. | 22346 |
| 22347 |
average. | 22348 |
| 22349 |
statewide average. | 22350 |
| 22351 |
average. | 22352 |
| 22353 |
(C)(1)(c) or (d) of this section only for a fiscal year | 22354 |
immediately following a calendar year for which a survey of | 22355 |
resident or family satisfaction has been conducted under section | 22356 |
173.47 of the Revised Code. | 22357 |
(D) The director of job and family services shall adopt rules | 22358 |
under section 5111.02 of the Revised Code as necessary to | 22359 |
implement this section. The rules shall include rules establishing | 22360 |
the system for awarding points under division | 22361 |
section. | 22362 |
Sec. 5111.27. (A) The department of job and family services | 22363 |
shall conduct a desk review of each cost report it receives under | 22364 |
section 5111.26 of the Revised Code. Based on the desk review, the | 22365 |
department shall make a preliminary determination of whether the | 22366 |
reported costs are allowable costs. The department shall notify | 22367 |
each provider of whether any of the reported costs are | 22368 |
preliminarily determined not to be allowable, the rate calculation | 22369 |
under sections 5111.20 to 5111.33 of the Revised Code that results | 22370 |
from that determination, and the reasons for the determination and | 22371 |
resulting rate. The department shall allow the provider to verify | 22372 |
the calculation and submit additional information. | 22373 |
(B) The department may conduct an audit, as defined by rule | 22374 |
adopted under section 5111.02 of the Revised Code, of any cost | 22375 |
report and shall notify the provider of its findings. | 22376 |
Audits shall be conducted by auditors under contract with or | 22377 |
employed by the department. The decision whether to conduct an | 22378 |
audit and the scope of the audit, which may be a desk or field | 22379 |
audit, shall be determined based on prior performance of the | 22380 |
provider and may be based on a risk analysis or other evidence | 22381 |
that gives the department reason to believe that the provider has | 22382 |
reported costs improperly. A desk or field audit may be performed | 22383 |
annually, but is required whenever a provider does not pass the | 22384 |
risk analysis tolerance factors. The department shall issue the | 22385 |
audit report no later than three years after the cost report is | 22386 |
filed, or upon the completion of a desk or field audit on the | 22387 |
report or a report for a subsequent cost reporting period, | 22388 |
whichever is earlier. During the time within which the department | 22389 |
may issue an audit report, the provider may amend the cost report | 22390 |
upon discovery of a material error or material additional | 22391 |
information. The department shall review the amended cost report | 22392 |
for accuracy and notify the provider of its determination. | 22393 |
The department may establish a contract for the auditing of | 22394 |
facilities by outside firms. Each contract entered into by bidding | 22395 |
shall be effective for one to two years. The department shall | 22396 |
establish an audit manual and program which shall require that all | 22397 |
field audits, conducted either pursuant to a contract or by | 22398 |
department employees: | 22399 |
(1) Comply with the applicable rules prescribed pursuant to | 22400 |
Titles XVIII and XIX; | 22401 |
(2) Consider generally accepted auditing standards prescribed | 22402 |
by the American institute of certified public accountants; | 22403 |
(3) Include a written summary as to whether the costs | 22404 |
included in the report examined during the audit are allowable and | 22405 |
are presented fairly in accordance with generally accepted | 22406 |
accounting principles and department rules, and whether, in all | 22407 |
material respects, allowable costs are documented, reasonable, and | 22408 |
related to patient care; | 22409 |
(4) Are conducted by accounting firms or auditors who, during | 22410 |
the period of the auditors' professional engagement or employment | 22411 |
and during the period covered by the cost reports, do not have nor | 22412 |
are committed to acquire any direct or indirect financial interest | 22413 |
in the ownership, financing, or operation of a nursing facility or | 22414 |
intermediate care facility for the mentally retarded in this | 22415 |
state; | 22416 |
(5) Are conducted by accounting firms or auditors who, as a | 22417 |
condition of the contract or employment, shall not audit any | 22418 |
facility that has been a client of the firm or auditor; | 22419 |
(6) Are conducted by auditors who are otherwise independent | 22420 |
as determined by the standards of independence established by the | 22421 |
American institute of certified public accountants; | 22422 |
(7) Are completed within the time period specified by the | 22423 |
department; | 22424 |
(8) Provide to the provider complete written interpretations | 22425 |
that explain in detail the application of all relevant contract | 22426 |
provisions, regulations, auditing standards, rate formulae, and | 22427 |
departmental policies, with explanations and examples, that are | 22428 |
sufficient to permit the provider to calculate with reasonable | 22429 |
certainty those costs that are allowable and the rate to which the | 22430 |
provider's facility is entitled. | 22431 |
For the purposes of division (B)(4) of this section, | 22432 |
employment of a member of an auditor's family by a nursing | 22433 |
facility or intermediate care facility for the mentally retarded | 22434 |
that the auditor does not review does not constitute a direct or | 22435 |
indirect financial interest in the ownership, financing, or | 22436 |
operation of the facility. | 22437 |
(C) The department, pursuant to rules adopted under section | 22438 |
5111.02 of the Revised Code, may conduct an exception review of | 22439 |
assessment data submitted under section 5111.232 of the Revised | 22440 |
Code. The department may conduct an exception review based on the | 22441 |
findings of a certification survey conducted by the department of | 22442 |
health, a risk analysis, or prior performance of the provider. | 22443 |
Exception reviews shall be conducted at the facility by | 22444 |
appropriate health professionals under contract with or employed | 22445 |
by the department of job and family services. The professionals | 22446 |
may review resident assessment forms and supporting documentation, | 22447 |
conduct interviews, and observe residents to identify any patterns | 22448 |
or trends of inaccurate assessments and resulting inaccurate | 22449 |
case-mix scores. | 22450 |
The rules shall establish an exception review program that | 22451 |
requires that exception reviews do all of the following: | 22452 |
(1) Comply with Titles XVIII and XIX; | 22453 |
(2) Provide a written summary that states whether the | 22454 |
resident assessment forms have been completed accurately; | 22455 |
(3) Are conducted by health professionals who, during the | 22456 |
period of their professional engagement or employment with the | 22457 |
department, neither have nor are committed to acquire any direct | 22458 |
or indirect financial interest in the ownership, financing, or | 22459 |
operation of a nursing facility or intermediate care facility for | 22460 |
the mentally retarded in this state; | 22461 |
(4) Are conducted by health professionals who, as a condition | 22462 |
of their engagement or employment with the department, shall not | 22463 |
review any provider that has been a client of the professional. | 22464 |
For the purposes of division (C)(3) of this section, | 22465 |
employment of a member of a health professional's family by a | 22466 |
nursing facility or intermediate care facility for the mentally | 22467 |
retarded that the professional does not review does not constitute | 22468 |
a direct or indirect financial interest in the ownership, | 22469 |
financing, or operation of the facility. | 22470 |
If an exception review is conducted before the effective date | 22471 |
of the rate that is based on the case-mix data subject to the | 22472 |
review and the review results in findings that exceed tolerance | 22473 |
levels specified in the rules adopted under this division, the | 22474 |
department, in accordance with those rules, may use the findings | 22475 |
to recalculate individual resident case-mix scores, quarterly | 22476 |
average facility case-mix scores, and annual average facility | 22477 |
case-mix scores. The department may use the recalculated quarterly | 22478 |
and annual facility average case-mix scores to calculate the | 22479 |
facility's rate for direct care costs for the appropriate calendar | 22480 |
quarter or quarters. | 22481 |
(D) The department shall prepare a written summary of any | 22482 |
audit disallowance or exception review finding that is made after | 22483 |
the effective date of the rate that is based on the cost or | 22484 |
case-mix data. Where the provider is pursuing judicial or | 22485 |
administrative remedies in good faith regarding the disallowance | 22486 |
or finding, the department shall not withhold from the provider's | 22487 |
current payments any amounts the department claims to be due from | 22488 |
the provider pursuant to section 5111.28 of the Revised Code. | 22489 |
(E) The department shall not reduce rates calculated under | 22490 |
sections 5111.20 to 5111.33 of the Revised Code on the basis that | 22491 |
the provider charges a lower rate to any resident who is not | 22492 |
eligible for the medicaid program. | 22493 |
(F) The department shall adjust the rates calculated under | 22494 |
sections 5111.20 to 5111.33 of the Revised Code to account for | 22495 |
reasonable additional costs that must be incurred by | 22496 |
22497 | |
retarded to comply with requirements of federal or state statutes, | 22498 |
rules, or policies enacted or amended after January 1, 1992, or | 22499 |
with orders issued by state or local fire authorities. | 22500 |
Sec. 5111.31. (A) Every provider agreement with the provider | 22501 |
of a nursing facility or intermediate care facility for the | 22502 |
mentally retarded shall: | 22503 |
(1) Prohibit the provider from failing or refusing to retain | 22504 |
as a patient any person because the person is, becomes, or may, as | 22505 |
a patient in the facility, become a medicaid recipient. For the | 22506 |
purposes of this division, a medicaid recipient who is a patient | 22507 |
in a facility shall be considered a patient in the facility during | 22508 |
any hospital stays totaling less than twenty-five days during any | 22509 |
twelve-month period. Recipients who have been identified by the | 22510 |
department of job and family services or its designee as requiring | 22511 |
the level of care of an intermediate care facility for the | 22512 |
mentally retarded shall not be subject to a maximum period of | 22513 |
absences during which they are considered patients if prior | 22514 |
authorization of the department for visits with relatives and | 22515 |
friends and participation in therapeutic programs is obtained | 22516 |
under rules adopted under section 5111.02 of the Revised Code. | 22517 |
(2) Except as provided by division (B)(1) of this section, | 22518 |
include any part of the facility that meets standards for | 22519 |
certification of compliance with federal and state laws and rules | 22520 |
for participation in the medicaid program. | 22521 |
(3) Prohibit the provider from discriminating against any | 22522 |
patient on the basis of race, color, sex, creed, or national | 22523 |
origin. | 22524 |
(4) Except as otherwise prohibited under section 5111.55 of | 22525 |
the Revised Code, prohibit the provider from failing or refusing | 22526 |
to accept a patient because the patient is, becomes, or may, as a | 22527 |
patient in the facility, become a medicaid recipient if less than | 22528 |
eighty per cent of the patients in the facility are medicaid | 22529 |
recipients. | 22530 |
(B)(1) Except as provided by division (B)(2) of this section, | 22531 |
the following are not required to be included in a provider | 22532 |
agreement unless otherwise required by federal law: | 22533 |
(a) Beds added during the period beginning July 1, 1987, and | 22534 |
ending July 1, 1993, to a nursing home licensed under Chapter | 22535 |
3721. of the Revised Code; | 22536 |
(b) Beds in an intermediate care facility for the mentally | 22537 |
retarded that are designated for respite care under a medicaid | 22538 |
waiver component operated pursuant to a waiver sought under | 22539 |
section 5111.87 of the Revised Code; | 22540 |
(c) Beds that are converted to providing home and | 22541 |
community-based services under the ICF/MR conversion pilot program | 22542 |
authorized by a waiver sought under division (B)(1) of section | 22543 |
5111.88 of the Revised Code. | 22544 |
(2) If a provider chooses to include a bed specified in | 22545 |
division (B)(1)(a) of this section in a provider agreement, the | 22546 |
bed may not be removed from the provider agreement unless the | 22547 |
provider withdraws the facility in which the bed is located from | 22548 |
the medicaid program. | 22549 |
(C) Nothing in this section shall bar a provider that is a | 22550 |
religious organization operating a religious or denominational | 22551 |
nursing facility or intermediate care facility for the mentally | 22552 |
retarded from giving preference to persons of the same religion or | 22553 |
denomination. Nothing in this section shall bar any provider from | 22554 |
giving preference to persons with whom the provider has | 22555 |
contracted to provide continuing care. | 22556 |
(D) Nothing in this section shall bar the provider of a | 22557 |
county home organized under Chapter 5155. of the Revised Code from | 22558 |
admitting residents exclusively from the county in which the | 22559 |
county home is located. | 22560 |
(E) No provider of a nursing facility or intermediate care | 22561 |
facility for the mentally retarded for which a provider agreement | 22562 |
is in effect shall violate the provider contract obligations | 22563 |
imposed under this section. | 22564 |
(F) Nothing in divisions (A) and (C) of this section shall | 22565 |
bar a provider from retaining patients who have resided in the | 22566 |
provider's facility for not less than one year as private pay | 22567 |
patients and who subsequently become medicaid recipients, but | 22568 |
refusing to accept as a patient any person who is or may, as a | 22569 |
patient in the facility, become a medicaid recipient, if all of | 22570 |
the following apply: | 22571 |
(1) The provider does not refuse to retain any patient who | 22572 |
has resided in the provider's facility for not less than one year | 22573 |
as a private pay patient because the patient becomes a medicaid | 22574 |
recipient, except as necessary to comply with division (F)(2) of | 22575 |
this section; | 22576 |
(2) The number of medicaid recipients retained under this | 22577 |
division does not at any time exceed ten per cent of all the | 22578 |
patients in the facility; | 22579 |
(3) On July 1, 1980, all the patients in the facility were | 22580 |
private pay patients. | 22581 |
Sec. 5111.88. (A) As used in sections 5111.88 to | 22582 |
5111.8817 of the Revised Code: | 22583 |
"Administrative agency" means the department of job and | 22584 |
family services or, if the department assigns the day-to-day | 22585 |
administration of the ICF/MR conversion pilot program to the | 22586 |
department of mental retardation and developmental disabilities | 22587 |
pursuant to section 5111.887 of the Revised Code, the department | 22588 |
of mental retardation and developmental disabilities. | 22589 |
"ICF/MR conversion pilot program" means the medicaid waiver | 22590 |
component authorized by a waiver sought under division (B)(1) of | 22591 |
this section. | 22592 |
"ICF/MR services" means intermediate care facility for the | 22593 |
mentally retarded services covered by the medicaid program that an | 22594 |
intermediate care facility for the mentally retarded provides to a | 22595 |
resident of the facility who is a medicaid recipient eligible for | 22596 |
medicaid-covered intermediate care facility for the mentally | 22597 |
retarded services. | 22598 |
"Intermediate care facility for the mentally retarded" has | 22599 |
the same meaning as in section 5111.20 of the Revised Code. | 22600 |
"Medicaid waiver component" has the same meaning as in | 22601 |
section 5111.85 of the Revised Code. | 22602 |
(B) By July 1, 2006, or as soon thereafter as practical, but | 22603 |
not later than January 1, 2007, the director of job and family | 22604 |
services shall, after consulting with and receiving input from the | 22605 |
ICF/MR conversion advisory council, submit both of the following | 22606 |
to the United States secretary of health and human services: | 22607 |
(1) An application for a waiver authorizing the ICF/MR | 22608 |
conversion pilot program under which intermediate care facilities | 22609 |
for the mentally retarded, other than such facilities operated by | 22610 |
the department of mental retardation and developmental | 22611 |
disabilities, may volunteer to convert in whole or in part from | 22612 |
providing intermediate care facility for the mentally retarded | 22613 |
services to providing home and community-based services and | 22614 |
individuals with mental retardation or a developmental disability | 22615 |
who are eligible for ICF/MR services may volunteer to receive | 22616 |
instead home and community-based services; | 22617 |
(2) An amendment to the state medicaid plan to authorize the | 22618 |
director, beginning on the first day that the ICF/MR conversion | 22619 |
pilot program begins implementation under section 5111.882 of the | 22620 |
Revised Code and except as provided by section 5111.8811 of the | 22621 |
Revised Code, to refuse to enter into or amend a medicaid provider | 22622 |
agreement with the operator of an intermediate care facility for | 22623 |
the mentally retarded if the provider agreement or amendment would | 22624 |
authorize the operator to receive medicaid payments for more | 22625 |
intermediate care facility for the mentally retarded beds than the | 22626 |
operator receives on the day before that day. | 22627 |
(C) The director shall notify the governor, speaker and | 22628 |
minority leader of the house of representatives, and president and | 22629 |
minority leader of the senate when the director submits the | 22630 |
application for the ICF/MR conversion pilot program under division | 22631 |
(B)(1) of this section and the amendment to the state medicaid | 22632 |
plan under division (B)(2) of this section. The director is not | 22633 |
required to submit the application and the amendment at the same | 22634 |
time. | 22635 |
Sec. 5111.882. If the United States secretary of health and | 22636 |
human services approves the waiver requested under division (B)(1) | 22637 |
of section 5111.88 of the Revised Code, the administrative agency | 22638 |
shall implement the ICF/MR conversion pilot program for not less | 22639 |
than three years as follows: | 22640 |
(A) Permit no more than two hundred individuals to | 22641 |
participate in the program at one time; | 22642 |
(B) Select, from among volunteers only, enough intermediate | 22643 |
care facilities for the mentally retarded to convert in whole or | 22644 |
in part from providing ICF/MR services to providing home and | 22645 |
community-based services as necessary to accommodate each | 22646 |
individual participating in the program | 22647 |
22648 | |
22649 | |
22650 |
(C) Subject to division (A) of this section, permit | 22651 |
individuals who reside in an intermediate care facility for the | 22652 |
mentally retarded that converts in whole or in part to providing | 22653 |
home and community-based services to choose whether to participate | 22654 |
in the program or, if the facility ceases to have enough | 22655 |
ICF/MR-certified beds for the individual, to transfer to another | 22656 |
intermediate care facility for the mentally retarded that | 22657 |
22658 | |
individual; | 22659 |
(D) Ensure that no individual receiving ICF/MR services | 22660 |
22661 | |
medicaid-covered services that the individual is eligible to | 22662 |
receive; | 22663 |
(E) Collect information as necessary for the evaluation | 22664 |
required by section 5111.889 of the Revised Code; | 22665 |
(F) After consulting with the ICF/MR conversion advisory | 22666 |
council, make adjustments to the program that the administrative | 22667 |
agency and, if the administrative agency is not the department of | 22668 |
job and family services, the department agree are both necessary | 22669 |
for the program to be implemented more effectively and consistent | 22670 |
with the terms of the waiver authorizing the program. No | 22671 |
adjustment may be made that expands the size or scope of the | 22672 |
program. | 22673 |
Sec. 5111.889. (A) The administrative agency, in | 22674 |
consultation with the ICF/MR conversion advisory council, shall | 22675 |
conduct an evaluation of the ICF/MR conversion pilot program. All | 22676 |
of the following shall be examined as part of the evaluation: | 22677 |
(1) The effectiveness of the home and community-based | 22678 |
services provided under the program in meeting the health and | 22679 |
welfare needs of the individuals participating in the program as | 22680 |
identified in the individuals' written individual service plans; | 22681 |
(2) The satisfaction of the individuals participating in the | 22682 |
program with the home and community-based services; | 22683 |
(3) The impact that the conversion in whole or in part from | 22684 |
providing ICF/MR services to providing home and community-based | 22685 |
services has on the intermediate care facilities for the mentally | 22686 |
retarded that so convert; | 22687 |
(4) The program's cost effectiveness, including | 22688 |
administrative cost effectiveness; | 22689 |
(5) Feedback about the program from the individuals | 22690 |
participating in the program, such individuals' families and | 22691 |
guardians, county boards of mental retardation and developmental | 22692 |
disabilities, and providers of home and community-based services | 22693 |
under the program; | 22694 |
(6) Other matters the administrative agency considers | 22695 |
appropriate for evaluation. | 22696 |
(B) The administrative agency, in consultation with the | 22697 |
ICF/MR conversion advisory council, shall prepare two reports of | 22698 |
the evaluation conducted under this section. The initial report | 22699 |
shall be finished not sooner than the last day of the ICF/MR | 22700 |
conversion pilot program's first year of operation. The final | 22701 |
report shall be finished not sooner than the last day of the | 22702 |
program's second year of operation. The administrative agency | 22703 |
shall provide a copy of each report to the governor, president and | 22704 |
minority leader of the senate, and speaker and minority leader of | 22705 |
the house of representatives. | 22706 |
Sec. 5111.8811. An intermediate care facility for the | 22707 |
mentally retarded that converts in whole or in part from providing | 22708 |
ICF/MR services to providing home and community-based services | 22709 |
under the ICF/MR conversion pilot program may reconvert the | 22710 |
converted beds to providing ICF/MR services after the program | 22711 |
terminates unless | 22712 |
(A) The program, following the general assembly's enactment | 22713 |
of law authorizing the program's statewide implementation, is | 22714 |
implemented statewide; | 22715 |
(B) The facility no longer meets the requirements for | 22716 |
certification as an intermediate care facility for the mentally | 22717 |
retarded; | 22718 |
(C) The facility no longer meets the requirements for | 22719 |
licensure as a residential facility under section 5123.19 of the | 22720 |
Revised Code or, if the facility is eligible under section | 22721 |
5123.192 of the Revised Code to be licensed as a nursing home, the | 22722 |
requirements for licensure as a nursing home under section 3721.02 | 22723 |
or 3721.09 of the Revised Code. | 22724 |
Sec. 5111.8812. (A) Subject to division (B) of this section | 22725 |
and beginning not later than two and one-half years after the date | 22726 |
the ICF/MR conversion pilot program terminates, the department of | 22727 |
mental retardation and developmental disabilities shall be | 22728 |
responsible for a portion of the nonfederal share of medicaid | 22729 |
expenditures for ICF/MR services | 22730 |
of an intermediate care facility for the mentally retarded that | 22731 |
22732 | |
section 5111.8811 of the Revised Code. The portion for which the | 22733 |
department shall be responsible shall be the portion that the | 22734 |
department and department of job and family services specify in an | 22735 |
agreement. | 22736 |
(B) The department of mental retardation and developmental | 22737 |
disabilities shall not be responsible for any portion of the | 22738 |
nonfederal share of medicaid expenditures for ICF/MR services | 22739 |
incurred for any beds of an intermediate care facility for the | 22740 |
mentally retarded that are in excess of the number of beds the | 22741 |
facility had while participating in the ICF/MR conversion pilot | 22742 |
program. | 22743 |
Sec. 5111.8813. The operator of an intermediate care | 22744 |
facility for the mentally retarded that converts only in part from | 22745 |
providing ICF/MR services to providing home and community-based | 22746 |
services under the ICF/MR conversion pilot program shall place the | 22747 |
beds that convert in a distinct part of the facility that houses | 22748 |
the intermediate care facility for the mentally retarded. | 22749 |
Sec. 5111.8814. An intermediate care facility for the | 22750 |
mentally retarded that converts in whole to providing home and | 22751 |
community-based services under the ICF/MR conversion pilot program | 22752 |
shall either be licensed as a residential facility under section | 22753 |
5123.19 of the Revised Code or certified to provide supported | 22754 |
living under section 5126.431 of the Revised Code. If an | 22755 |
intermediate care facility for the mentally retarded converts in | 22756 |
part to providing such home and community-based services, the | 22757 |
distinct part of the facility that provides the home and | 22758 |
community-based services shall either be licensed as a residential | 22759 |
facility under section 5123.19 of the Revised Code or certified to | 22760 |
provide supported living under section 5126.431 of the Revised | 22761 |
Code. The facility or distinct part of the facility shall be | 22762 |
licensed as a residential facility rather than certified to | 22763 |
provide supported living if it meets the definition of | 22764 |
"residential facility" in section 5123.19 of the Revised Code. | 22765 |
Sec. 5111.8815. (A) Not later than thirty days after the | 22766 |
date a resident of an intermediate care facility for the mentally | 22767 |
retarded is enrolled in the ICF/MR conversion pilot program, the | 22768 |
operator of the intermediate care facility for the mentally | 22769 |
retarded shall do the following regardless of whether the resident | 22770 |
resides in a distinct part of a facility that also houses the | 22771 |
intermediate care facility for the mentally retarded: | 22772 |
(1) If the intermediate care facility for the mentally | 22773 |
retarded is licensed as a residential facility under section | 22774 |
5123.19 of the Revised Code, notify the director of mental | 22775 |
retardation and developmental disabilities of the resident's | 22776 |
enrollment; | 22777 |
(2) If the intermediate care facility for the mentally | 22778 |
retarded is licensed as a nursing home under section 3721.02 of | 22779 |
the Revised Code, notify the director of health of the resident's | 22780 |
enrollment; | 22781 |
(3) If the intermediate care facility for the mentally | 22782 |
retarded is licensed as a nursing home by a political subdivision | 22783 |
under section 3721.09 of the Revised Code, notify the officials of | 22784 |
the political subdivision of the resident's enrollment. | 22785 |
(B) The director of mental retardation and developmental | 22786 |
disabilities, director of health, and officials of a political | 22787 |
subdivision shall reduce the licensed capacity of a residential | 22788 |
facility or nursing home by the number of the residential | 22789 |
facility's or nursing home's residents who enroll in the ICF/MR | 22790 |
conversion pilot program. The director of job and family services | 22791 |
shall be notified of each reduction in licensed capacity made | 22792 |
under this section. | 22793 |
Sec. 5111.8816. Not later than thirty days after the date an | 22794 |
intermediate care facility for the mentally retarded converts in | 22795 |
whole or in part to providing home and community-based services | 22796 |
under the ICF/MR conversion pilot program, the operator of the | 22797 |
facility shall notify the director of job and family services of | 22798 |
the number of beds that converted. The director of job and family | 22799 |
services shall notify the director of health of the operator's | 22800 |
notice. The director of health shall reduce the facility's | 22801 |
certified capacity by the number of beds that convert. The | 22802 |
director of health shall notify the director of job and family | 22803 |
services whenever the director of health takes action under this | 22804 |
section. | 22805 |
Sec. 5111.8817. On receipt of notice from the director of | 22806 |
health under section 5111.8816 of the Revised Code that the | 22807 |
director has reduced the certified capacity of an intermediate | 22808 |
care facility for the mentally retarded, the director of job and | 22809 |
family services shall amend the facility's medicaid provider | 22810 |
agreement to reflect the facility's reduced certified capacity or, | 22811 |
if the facility's certified capacity is reduced to zero, terminate | 22812 |
the facility's medicaid provider agreement. | 22813 |
Sec. 5111.941. The medicaid revenue and collections fund is | 22814 |
hereby created in the state treasury. Except as otherwise provided | 22815 |
by statute or as authorized by the controlling board, the | 22816 |
non-federal share of all medicaid-related revenues, collections, | 22817 |
and recoveries shall be credited to the fund. The department of | 22818 |
job and family services shall use money credited to the fund to | 22819 |
pay for medicaid services and contracts. | 22820 |
| 22821 |
fund is hereby
created in the state treasury. | 22822 |
following shall be credited to the fund: | 22823 |
(1) The non-federal share of all rebates paid by drug | 22824 |
manufacturers to the department of job and family services in | 22825 |
accordance with a rebate agreement required by 42 U.S.C.A. 1396r-8 | 22826 |
22827 |
(2) The non-federal share of all supplemental rebates paid by | 22828 |
drug manufacturers to the department of job and family services in | 22829 |
accordance with the supplemental drug rebate program established | 22830 |
under section 5111.081 of the Revised Code. | 22831 |
(B) The department of job and family services shall use money | 22832 |
credited to the prescription drug rebates fund to pay for medicaid | 22833 |
services and contracts. | 22834 |
Sec. 5111.943. (A) The health care - federal fund is hereby | 22835 |
created in the state treasury. All of the following shall be | 22836 |
credited to the fund: | 22837 |
(1) Funds that division (B) of section 5112.18 of the Revised | 22838 |
Code requires be credited to the fund; | 22839 |
(2) The federal share of all rebates paid by drug | 22840 |
manufacturers to the department of job and family services in | 22841 |
accordance with a rebate agreement required by 42 U.S.C. 1396r-8; | 22842 |
(3) The federal share of all supplemental rebates paid by | 22843 |
drug manufacturers to the department of job and family services in | 22844 |
accordance with the supplemental drug rebate program established | 22845 |
under section 5111.081 of the Revised Code; | 22846 |
(4) Except as otherwise provided by statute or as authorized | 22847 |
by the controlling board, the federal share of all other | 22848 |
medicaid-related revenues, collections, and recoveries. | 22849 |
(B) All money credited to the health care - federal fund | 22850 |
pursuant to division (B) of section 5112.18 of the Revised Code | 22851 |
shall be used solely for distributing funds to hospitals under | 22852 |
section 5112.08 of the Revised Code. The department of job and | 22853 |
family services shall use all other money credited to the fund to | 22854 |
pay for other medicaid services and contracts. | 22855 |
Sec. 5112.08. The director of job and family services shall | 22856 |
adopt rules under section 5112.03 of the Revised Code establishing | 22857 |
a methodology to pay hospitals that is sufficient to expend all | 22858 |
money in the indigent care pool. Under the rules: | 22859 |
(A) The department of job and family services may classify | 22860 |
similar hospitals into groups and allocate funds for distribution | 22861 |
within each group. | 22862 |
(B) The department shall establish a method of allocating | 22863 |
funds to hospitals, taking into consideration the relative amount | 22864 |
of indigent care provided by each hospital or group of hospitals. | 22865 |
The amount to be allocated shall be based on any combination of | 22866 |
the following indicators of indigent care that the director | 22867 |
considers appropriate: | 22868 |
(1) Total costs, volume, or proportion of services to | 22869 |
recipients of the medical assistance program, including recipients | 22870 |
enrolled in health insuring corporations; | 22871 |
(2) Total costs, volume, or proportion of services to | 22872 |
low-income patients in addition to recipients of the medical | 22873 |
assistance program, which may include recipients of Title V of the | 22874 |
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as | 22875 |
amended, and recipients of financial or medical assistance | 22876 |
provided under Chapter 5115. of the Revised Code; | 22877 |
(3) The amount of uncompensated care provided by the hospital | 22878 |
or group of hospitals; | 22879 |
(4) Other factors that the director considers to be | 22880 |
appropriate indicators of indigent care. | 22881 |
(C) The department shall distribute funds to each hospital or | 22882 |
group of hospitals in a manner that first may provide for an | 22883 |
additional distribution to individual hospitals that provide a | 22884 |
high proportion of indigent care in relation to the total care | 22885 |
provided by the hospital or in relation to other hospitals. The | 22886 |
department shall establish a formula to distribute the remainder | 22887 |
of the funds. The formula shall be consistent with section 1923 of | 22888 |
the "Social Security Act," 42 U.S.C.A. 1396r-4, as amended, shall | 22889 |
be based on any combination of the indicators of indigent care | 22890 |
listed in division (B) of this section that the director considers | 22891 |
appropriate. | 22892 |
(D) The department shall distribute funds to each hospital in | 22893 |
installments not later than ten working days after the deadline | 22894 |
established in rules for each hospital to pay an installment on | 22895 |
its assessment under section 5112.06 of the Revised Code. In the | 22896 |
case of a governmental hospital that makes intergovernmental | 22897 |
transfers, the department shall pay an installment under this | 22898 |
section not later than ten working days after the earlier of that | 22899 |
deadline or the deadline established in rules for the governmental | 22900 |
hospital to pay an installment on its intergovernmental transfer. | 22901 |
If the amount in the hospital care assurance program fund created | 22902 |
under section 5112.18 of the Revised Code and the
| 22903 |
22904 | |
under section 5111.943 of the Revised Code that is credited to | 22905 |
that fund pursuant to division (B) of section 5112.18 of the | 22906 |
Revised Code | 22907 |
for which hospitals are eligible to receive in any period, the | 22908 |
department shall reduce the amount of each distribution by the | 22909 |
percentage by which the amount | 22910 |
The department shall distribute to hospitals any amounts not | 22911 |
distributed in the period in which they are due as soon as moneys | 22912 |
are available in the funds. | 22913 |
Sec. 5112.18. (A) Except as provided in section 5112.19 of | 22914 |
the Revised Code, all payments of assessments by hospitals under | 22915 |
section 5112.06 of the Revised Code and all intergovernmental | 22916 |
transfers under section 5112.07 of the Revised Code shall be | 22917 |
deposited in the state treasury to the credit of the hospital care | 22918 |
assurance program fund, hereby created. All investment earnings of | 22919 |
the hospital care assurance program fund shall be credited to the | 22920 |
fund. The department of job and family services shall maintain | 22921 |
records that show the amount of money in the hospital care | 22922 |
assurance program fund at any time that has been paid by each | 22923 |
hospital and the amount of any investment earnings on that amount. | 22924 |
All moneys credited to the hospital care assurance program fund | 22925 |
shall be used solely to make payments to hospitals under division | 22926 |
(D) of this section and section 5112.08 of the Revised Code. | 22927 |
(B) All federal matching funds received as a result of the | 22928 |
department distributing funds from the hospital care assurance | 22929 |
program fund to hospitals under section 5112.08 of the Revised | 22930 |
Code
shall be credited to the | 22931 |
care - federal fund | 22932 |
under section 5111.943 of the Revised Code. | 22933 |
22934 | |
22935 | |
22936 |
(C) All distributions of funds to hospitals under section | 22937 |
5112.08 of the Revised Code are conditional on: | 22938 |
(1) Expiration of the time for appeals under section 5112.09 | 22939 |
of the Revised Code without the filing of an appeal, or on court | 22940 |
determinations, in the event of appeals, that the hospital is | 22941 |
entitled to the funds; | 22942 |
(2) The | 22943 |
22944 | |
22945 | |
after
the final determination of any
appeals | 22946 |
(a) The available money in the hospital care assurance | 22947 |
program fund; | 22948 |
(b) The available portion of the money in the health care - | 22949 |
federal fund that is credited to that fund pursuant to division | 22950 |
(B) of this section. | 22951 |
(3) The hospital's compliance with section 5112.17 of the | 22952 |
Revised Code. | 22953 |
(D) If an audit conducted by the department of the amounts of | 22954 |
payments made and funds received by hospitals under sections | 22955 |
5112.06, 5112.07, and 5112.08 of the Revised Code identifies | 22956 |
amounts that, due to errors by the department, a hospital should | 22957 |
not have been required to pay but did pay, should have been | 22958 |
required to pay but did not pay, should not have received but did | 22959 |
receive, or should have received but did not receive, the | 22960 |
department shall: | 22961 |
(1) Make payments to any hospital that the audit reveals paid | 22962 |
amounts it should not have been required to pay or did not receive | 22963 |
amounts it should have received; | 22964 |
(2) Take action to recover from a hospital any amounts that | 22965 |
the audit reveals it should have been required to pay but did not | 22966 |
pay or that it should not have received but did receive. | 22967 |
Payments made under division (D)(1) of this section shall be | 22968 |
made from the hospital care assurance program fund. Amounts | 22969 |
recovered under division (D)(2) of this section shall be deposited | 22970 |
to the credit of that fund. Any hospital may appeal the amount the | 22971 |
hospital is to be paid under division (D)(1) or the amount that is | 22972 |
to be recovered from the hospital under division (D)(2) of this | 22973 |
section to the court of common pleas of Franklin county. | 22974 |
Sec. 5112.31. The department of job and family services | 22975 |
shall do all of the following: | 22976 |
(A) For the purpose of providing home and community-based | 22977 |
services for mentally retarded and developmentally disabled | 22978 |
persons, annually assess each intermediate care facility for the | 22979 |
mentally retarded a franchise permit fee equal to nine dollars and | 22980 |
sixty-three cents multiplied, except as adjusted under section | 22981 |
5112.311 of the Revised Code, by the product of the following: | 22982 |
(1) The number of beds certified under Title XIX of the | 22983 |
"Social Security Act" on the first day of May of the calendar year | 22984 |
in which the assessment is determined pursuant to division (A) of | 22985 |
section 5112.33 of the Revised Code; | 22986 |
(2) The number of days in the fiscal year beginning on the | 22987 |
first day of July of the same calendar year. | 22988 |
(B) Beginning July 1, 2007, and the first day of each July | 22989 |
thereafter, adjust fees determined under division (A) of this | 22990 |
section in accordance with the composite inflation factor | 22991 |
established in rules adopted under section 5112.39 of the Revised | 22992 |
Code. | 22993 |
(C) If the United States secretary of health and human | 22994 |
services determines that the franchise permit fee established by | 22995 |
sections 5112.30 to 5112.39 of the Revised Code would be an | 22996 |
impermissible health care-related tax under section 1903(w) of the | 22997 |
"Social Security Act," 42 U.S.C.A. 1396b(w), as amended, take all | 22998 |
necessary actions to cease implementation of those sections in | 22999 |
accordance with rules adopted under section 5112.39 of the Revised | 23000 |
Code. | 23001 |
Sec. 5112.311. If, under section 5111.8816 of the Revised | 23002 |
Code, the certified capacity of an intermediate care facility for | 23003 |
the mentally retarded is reduced, the department of job and family | 23004 |
services shall adjust the franchise permit fee the facility was | 23005 |
assessed under section 5112.31 of the Revised Code accordingly. | 23006 |
If, under section 5111.8811 of the Revised Code, the certified | 23007 |
capacity of an intermediate care facility for the mentally | 23008 |
retarded is increased, the department may adjust the franchise | 23009 |
permit fee the facility was assessed under section 5112.31 of the | 23010 |
Revised Code accordingly. | 23011 |
Sec. 5115.04. (A) The department of job and family services | 23012 |
shall supervise and administer the disability financial assistance | 23013 |
program, except that the department may require county departments | 23014 |
of job and family services to perform any administrative function | 23015 |
specified in rules adopted by the director of job and family | 23016 |
services. | 23017 |
(B) If the department requires county departments to perform | 23018 |
administrative functions under this section, the director shall | 23019 |
adopt rules in accordance with section 111.15 of the Revised Code | 23020 |
governing the performance of the functions to be performed by | 23021 |
county departments. County departments shall perform the functions | 23022 |
in accordance with the rules. The director shall conduct | 23023 |
investigations to determine whether disability financial | 23024 |
assistance is being administered in compliance with the Revised | 23025 |
Code and rules adopted by the director. | 23026 |
(C) If disability financial assistance payments are made by | 23027 |
the county department of job and family services, the department | 23028 |
shall advance sufficient funds to provide the county treasurer | 23029 |
with the amount estimated for the payments. Financial assistance | 23030 |
payments shall
be distributed in accordance with sections | 23031 |
126.35, 319.16, and 329.03 of the Revised Code. | 23032 |
Sec. 5119.16. As used in this section, "free clinic" has the | 23033 |
same meaning as in section 2305.2341 of the Revised Code. | 23034 |
(A) The department of mental health is hereby designated to | 23035 |
provide certain goods and services for the department of mental | 23036 |
health, the department of mental retardation and developmental | 23037 |
disabilities, the department of rehabilitation and correction, the | 23038 |
department of youth services, and other state, county, or | 23039 |
municipal agencies requesting such goods and services when the | 23040 |
department of mental health determines that it is in the public | 23041 |
interest, and considers it advisable, to provide these goods and | 23042 |
services. The department of mental health also may provide goods | 23043 |
and services to agencies operated by the United States government | 23044 |
and to public or private nonprofit agencies, other than free | 23045 |
clinics, that are funded in whole or in part by the state if the | 23046 |
public or private nonprofit agencies are designated for | 23047 |
participation in this program by the director of mental health for | 23048 |
community mental health agencies, the director of mental | 23049 |
retardation and developmental disabilities for community mental | 23050 |
retardation and developmental disabilities agencies, the director | 23051 |
of rehabilitation and correction for community rehabilitation and | 23052 |
correction agencies, or the director of youth services for | 23053 |
community youth services agencies. | 23054 |
23055 | |
23056 | |
23057 | |
23058 |
Designated community agencies shall receive goods and | 23059 |
services through the department of mental health only in those | 23060 |
cases where the designating state agency certifies that providing | 23061 |
such goods and services to the agency will conserve public | 23062 |
resources to the benefit of the public and where the provision of | 23063 |
such goods and services is considered feasible by the department | 23064 |
of mental health. | 23065 |
| 23066 |
23067 |
| 23068 |
clinics to purchase certain goods and services to the extent the | 23069 |
purchases fall within the exemption to the Robinson-Patman Act, 15 | 23070 |
U.S.C. 13 et seq., in 15 U.S.C. 13c, as amended. | 23071 |
(C) The goods and services to be provided by the department | 23072 |
of mental health under divisions (A) and (B) of this section may | 23073 |
include: | 23074 |
(1) Procurement, storage, processing, and distribution of | 23075 |
food and professional consultation on food operations; | 23076 |
(2) Procurement, storage, and distribution of medical and | 23077 |
laboratory supplies, dental supplies, medical records, forms, | 23078 |
optical supplies, and sundries, subject to section 5120.135 of the | 23079 |
Revised Code; | 23080 |
(3) Procurement, storage, repackaging, distribution, and | 23081 |
dispensing of drugs, the provision of professional pharmacy | 23082 |
consultation, and drug information services; | 23083 |
(4) Other goods and services as may be agreed to. | 23084 |
| 23085 |
goods and services designated in division | 23086 |
to its institutions and to state-operated community-based mental | 23087 |
health services. | 23088 |
| 23089 |
of mental retardation and developmental disabilities, the director | 23090 |
of rehabilitation and correction, and the director of youth | 23091 |
services, the department of mental health shall provide the goods | 23092 |
and services designated in division | 23093 |
department of mental retardation and developmental disabilities, | 23094 |
the department of rehabilitation and correction, and the | 23095 |
department of youth services. | 23096 |
| 23097 |
determined by the department of mental health and paid by the | 23098 |
agencies or free clinics receiving the goods and services to the | 23099 |
department for deposit in the state treasury to the credit of the | 23100 |
mental health fund, which is hereby created. The fund shall be | 23101 |
used to pay the cost of administration of this section to the | 23102 |
department. | 23103 |
| 23104 |
of this section are not provided in a satisfactory manner by the | 23105 |
department of mental health to the agencies described in division | 23106 |
(A) of this section, the director of mental retardation and | 23107 |
developmental disabilities, the director of rehabilitation and | 23108 |
correction, the director of youth services, or the managing | 23109 |
officer of a department of mental health institution shall attempt | 23110 |
to resolve unsatisfactory service with the director of mental | 23111 |
health. If, after such attempt, the provision of goods or services | 23112 |
continues to be unsatisfactory, the director or officer shall | 23113 |
notify the director of mental health. If within thirty days of | 23114 |
such notice the department of mental health does not provide the | 23115 |
specified goods and services in a satisfactory manner, the | 23116 |
director of mental retardation and developmental disabilities, the | 23117 |
director of rehabilitation and correction, the director of youth | 23118 |
services, or the managing officer of the department of mental | 23119 |
health institution shall notify the director of mental health of | 23120 |
the director's or managing officer's intent to cease purchasing | 23121 |
goods and services from the department. Following a sixty-day | 23122 |
cancellation period from the date of such notice, the department | 23123 |
of mental retardation, department of rehabilitation and | 23124 |
correction, department of youth services, or the department of | 23125 |
mental health institution may obtain the goods and services from a | 23126 |
source other than the department of mental health, if the | 23127 |
department certifies to the department of administrative services | 23128 |
that the requirements of this division have been met. | 23129 |
| 23130 |
goods and services provided under this section within thirty-one | 23131 |
days after the date the payment was due, the office of budget and | 23132 |
management may transfer moneys from the state agency to the | 23133 |
department of mental health. The amount transferred shall not | 23134 |
exceed the amount of overdue payments. Prior to making a transfer | 23135 |
under this division, the office of budget and management shall | 23136 |
apply any credits the state agency has accumulated in payments for | 23137 |
goods and services provided under this section. | 23138 |
(I) Purchases of goods and services under this section are | 23139 |
not subject to section 307.86 of the Revised Code. | 23140 |
Sec. 5123.0413. (A) The department of mental retardation and | 23141 |
developmental disabilities, in consultation with the department of | 23142 |
job and family services, office of budget and management, and | 23143 |
county boards of mental retardation and developmental | 23144 |
disabilities, shall adopt rules in accordance with Chapter 119. of | 23145 |
the Revised Code no later than January 1, 2002, establishing a | 23146 |
method of paying for extraordinary costs, including extraordinary | 23147 |
costs for services to individuals with mental retardation or other | 23148 |
developmental disability, and ensure the availability of adequate | 23149 |
funds in the event a county property tax levy for services for | 23150 |
individuals with mental retardation or other developmental | 23151 |
disability fails. The rules may provide for using and managing | 23152 |
either
or | 23153 |
(1) | 23154 |
23155 |
| 23156 |
state treasury; | 23157 |
| 23158 |
hereby created in the state treasury. | 23159 |
(B) Beginning January 1, 2002, the department of job and | 23160 |
family services may not request approval from the United States | 23161 |
secretary of health and human services to increase the number of | 23162 |
slots for home and community-based services until the rules | 23163 |
required by division (A) of this section are in effect. | 23164 |
Sec. 5123.196. (A) Except as provided in | 23165 |
(F) of this section, the director of mental retardation and | 23166 |
developmental disabilities shall not issue a license under section | 23167 |
5123.19 of the Revised Code on or after July 1, 2003, if issuance | 23168 |
will result in there being more beds in all residential facilities | 23169 |
licensed under that section than is permitted under division (B) | 23170 |
of this section. | 23171 |
(B) | 23172 |
the maximum number of beds for the purpose of division (A) of this | 23173 |
section shall not exceed ten thousand eight hundred thirty-eight | 23174 |
minus, except as provided in division (C) of this section, both of | 23175 |
the following: | 23176 |
(1) The number of such beds that cease to be residential | 23177 |
facility beds on or after July 1, 2003, because a residential | 23178 |
facility license is revoked, terminated, or not renewed for any | 23179 |
reason or is surrendered in accordance with section 5123.19 of the | 23180 |
Revised Code and after the issuance of an adjudication order | 23181 |
pursuant to Chapter 119. of the Revised Code; | 23182 |
(2) The number of such beds for which a licensee voluntarily | 23183 |
converts to use for supported living on or after July 1, 2003. | 23184 |
(C) The director is not required to reduce the maximum number | 23185 |
of beds pursuant to division (B) of this section by a bed that | 23186 |
ceases to be a residential facility bed if the director determines | 23187 |
that the bed is needed to provide services to an individual with | 23188 |
mental retardation or a developmental disability who resided in | 23189 |
the residential facility in which the bed was located unless the | 23190 |
reason the bed ceases to be a residential facility bed is because | 23191 |
it is converted to providing home and community-based services | 23192 |
under the ICF/MR conversion pilot program that is authorized by a | 23193 |
waiver sought under division (B)(1) of section 5111.88 of the | 23194 |
Revised Code. | 23195 |
(D) The director shall increase the number of beds determined | 23196 |
under division (B) of this section if necessary to enable the | 23197 |
operator of a residential facility to do either of the following: | 23198 |
(1) Obtain a residential facility license as required by | 23199 |
section 5111.8814 of the Revised Code; | 23200 |
(2) Reconvert beds to providing ICF/MR services under section | 23201 |
5111.8811 of the Revised Code. | 23202 |
(E) The director shall maintain an up-to-date written record | 23203 |
of the maximum number of residential facility beds provided for by | 23204 |
division (B) of this section. | 23205 |
(F) The director may issue an interim license under division | 23206 |
(R) of section 5123.19 of the Revised Code and issue, pursuant to | 23207 |
rules adopted under division (G)(11) of that section, a waiver | 23208 |
allowing a residential facility to admit more residents than the | 23209 |
facility is licensed to admit regardless of whether the interim | 23210 |
license or waiver will result in there being more beds in all | 23211 |
residential facilities licensed under that section than is | 23212 |
permitted under division (B) of this section. | 23213 |
Sec. 5123.36. (A) To the extent funds are available and on | 23214 |
application by a county | 23215 |
developmental disabilities or private nonprofit | 23216 |
incorporated to provide mental retardation or developmental | 23217 |
disability services, | 23218 |
retardation and developmental disabilities may enter into an | 23219 |
agreement with the county board or agency to assist the county | 23220 |
board or agency with a mental retardation or developmental | 23221 |
disability construction | 23222 |
23223 |
| 23224 |
section, the director may | 23225 |
ninety per cent of the total project cost where circumstances | 23226 |
warrant | 23227 |
| 23228 |
existing facilities or other in-kind match for the local share of | 23229 |
the communities' share of the cost. | 23230 |
(B) Upon the recommendation of the director, for | 23231 |
projects of the highest priority of the department of mental | 23232 |
retardation
and developmental disabilities, | 23233 |
23234 | |
23235 | |
authorize the director to provide more than ninety per cent of the | 23236 |
total cost of a project under this section. | 23237 |
(C) A county board is eligible for funds under this section | 23238 |
for a project bid on or after January 1, 1992, under either | 23239 |
section 153.07 or 307.86 of the Revised Code, as long as all other | 23240 |
applicable requirements were followed. | 23241 |
(D) The director may not assist a project under this section | 23242 |
unless the controlling board or director of budget and management | 23243 |
also approves the project pursuant to section 126.14 of the | 23244 |
Revised Code. | 23245 |
Sec. 5123.37. A county board of mental retardation and | 23246 |
developmental disabilities or private, nonprofit agency that | 23247 |
receives state funds pursuant to an agreement with the director of | 23248 |
mental retardation and developmental disabilities under section | 23249 |
5123.36 of the Revised Code to acquire a facility may apply to the | 23250 |
director for approval to sell the facility before the terms of the | 23251 |
agreement expire for the purpose of acquiring a replacement | 23252 |
facility to be used to provide mental retardation or developmental | 23253 |
disability services to individuals the county board or agency | 23254 |
serves. The application shall be made on a form the director shall | 23255 |
prescribe. The county board or agency shall include in the | 23256 |
application the specific purpose for which the replacement | 23257 |
facility is to be used. The director may refuse to approve the | 23258 |
application if the director determines that any of the following | 23259 |
apply: | 23260 |
(A) The application is incomplete or indicates that the | 23261 |
county board or agency is unable to purchase a replacement | 23262 |
facility. | 23263 |
(B) The replacement facility would not be used to continue to | 23264 |
provide mental retardation or developmental disability services | 23265 |
that the director determines are appropriate for the individuals | 23266 |
the county board or agency serves. | 23267 |
(C) The county board or agency has failed to comply with a | 23268 |
provision of Chapter 5123. or 5126. of the Revised Code or a rule | 23269 |
adopted by the director. | 23270 |
(D) Approving the application would be inconsistent with the | 23271 |
plans and priorities of the department of mental retardation and | 23272 |
developmental disabilities. | 23273 |
Sec. 5123.371. If the director of mental retardation and | 23274 |
developmental disabilities approves an application submitted under | 23275 |
section 5123.37 of the Revised Code, the county board of mental | 23276 |
retardation and developmental disabilities or private, nonprofit | 23277 |
agency that submitted the application shall, after selling the | 23278 |
facility for which the county board or agency received approval to | 23279 |
sell, pay to the director the portion of the proceeds that equals | 23280 |
the amount that the director determines the county board or agency | 23281 |
owes the department of mental retardation and developmental | 23282 |
disabilities, including the department's security interest in the | 23283 |
facility, for the state funds used to acquire the facility. | 23284 |
Sec. 5123.372. If the director of mental retardation and | 23285 |
developmental disabilities approves an application submitted under | 23286 |
section 5123.37 of the Revised Code, the director shall establish | 23287 |
a deadline by which the county board of mental retardation and | 23288 |
developmental disabilities or private, nonprofit agency that | 23289 |
submitted the application must notify the director that the county | 23290 |
board or agency is ready to acquire a replacement facility to be | 23291 |
used for the purpose stated in the application. The director may | 23292 |
extend the deadline as many times as the director determines | 23293 |
necessary. | 23294 |
Sec. 5123.373. If, on or before the deadline or, if any, the | 23295 |
last extended deadline established under section 5123.372 of the | 23296 |
Revised Code for a county board of mental retardation and | 23297 |
developmental disabilities or private, nonprofit agency, the | 23298 |
county board or agency notifies the director of mental retardation | 23299 |
and developmental disabilities that the county board or agency is | 23300 |
ready to acquire the replacement facility, the director shall | 23301 |
enter into an agreement with the county board or agency that | 23302 |
provides for the director to pay to the county board or agency a | 23303 |
percentage of the cost of acquiring the replacement facility. The | 23304 |
agreement shall specify the amount that the director shall pay. | 23305 |
The amount may be the amount of the security interest that the | 23306 |
department of mental retardation and developmental disabilities | 23307 |
had in the previous facility or a different amount. The agreement | 23308 |
may provide for the department to hold a security interest in the | 23309 |
replacement facility. | 23310 |
Sec. 5123.374. (A) The director of mental retardation and | 23311 |
developmental disabilities may rescind approval of an application | 23312 |
submitted under section 5123.37 of the Revised Code if either of | 23313 |
the following occurs: | 23314 |
(1) The county board of mental retardation and developmental | 23315 |
disabilities or private, nonprofit agency that submitted the | 23316 |
application fails, on or before the deadline or, if any, the last | 23317 |
extended deadline established under section 5123.372 of the | 23318 |
Revised Code for the county board or agency, to notify the | 23319 |
director that the county board or agency is ready to acquire the | 23320 |
replacement facility. | 23321 |
(2) The county board or agency at any time notifies the | 23322 |
director that the county board or agency no longer intends to | 23323 |
acquire a replacement facility. | 23324 |
(B) If the director rescinds approval of an application, the | 23325 |
director shall use any funds the county board or agency paid to | 23326 |
the director under section 5123.371 of the Revised Code to assist | 23327 |
mental retardation or developmental disabilities construction | 23328 |
projects under section 5123.36 of the Revised Code. | 23329 |
Sec. 5123.375. The MR/DD community capital replacement | 23330 |
facilities fund is hereby created in the state treasury. The | 23331 |
director of mental retardation and developmental disabilities | 23332 |
shall credit all amounts paid to the director under section | 23333 |
5123.371 of the Revised Code to the fund. The director shall use | 23334 |
the money in the fund as follows: | 23335 |
(A) To make payments to county boards of mental retardation | 23336 |
and developmental disabilities and private, nonprofit agencies | 23337 |
pursuant to agreements entered into under section 5123.373 of the | 23338 |
Revised Code; | 23339 |
(B) To provide, pursuant to section 5123.374 of the Revised | 23340 |
Code, assistance for mental retardation or developmental | 23341 |
disabilities construction projects under section 5123.36 of the | 23342 |
Revised Code. | 23343 |
Sec. 5139.50. (A) The release authority of the department of | 23344 |
youth services is hereby created as a bureau in the department. | 23345 |
The release authority shall consist of five members who are | 23346 |
appointed by the director of youth services and who have the | 23347 |
qualifications specified in division (B) of this section. The | 23348 |
members of the release authority shall devote their full time to | 23349 |
the duties of the release authority and shall neither seek nor | 23350 |
hold other public office. The members shall be in the unclassified | 23351 |
civil service. | 23352 |
(B) A person appointed as a member of the release authority | 23353 |
shall have a bachelor's degree from an accredited college or | 23354 |
university or equivalent relevant experience and shall have the | 23355 |
skills, training, or experience necessary to analyze issues of | 23356 |
law, administration, and public policy. The membership of the | 23357 |
release authority shall represent, insofar as practicable, the | 23358 |
diversity found in the children in the legal custody of the | 23359 |
department of youth services. | 23360 |
In appointing the five members, the director shall ensure | 23361 |
that the appointments include all of the following: | 23362 |
(1) At least four members who have five or more years of | 23363 |
experience in criminal justice, juvenile justice, or an equivalent | 23364 |
relevant profession; | 23365 |
(2) At least one member who has experience in victim services | 23366 |
or advocacy or who has been a victim of a crime or is a family | 23367 |
member of a victim; | 23368 |
(3) At least one member who has experience in direct care | 23369 |
services to delinquent children | 23370 |
| 23371 |
23372 |
(C) The initial appointments of members of the release | 23373 |
authority shall be for a term of six years for the chairperson and | 23374 |
one member, a term of four years for two members, and a term of | 23375 |
two years for one member. Thereafter, members shall be appointed | 23376 |
for six-year terms. At the conclusion of a term, a member shall | 23377 |
hold office until the appointment and qualification of the | 23378 |
member's successor. The director shall fill a vacancy occurring | 23379 |
before the expiration of a term for the remainder of that term | 23380 |
and, if a member is on extended leave or disability status for | 23381 |
more than thirty work days, may appoint an interim member to | 23382 |
fulfill the duties of that member. A member may be reappointed, | 23383 |
but a member may serve no more than two consecutive terms | 23384 |
regardless of the length of the member's initial term. A member | 23385 |
may be removed for good cause by the director. | 23386 |
(D) The director of youth services shall designate as | 23387 |
chairperson of the release authority one of the members who has | 23388 |
experience in criminal justice, juvenile justice, or an equivalent | 23389 |
relevant profession. The chairperson shall be a managing officer | 23390 |
of the department, shall supervise the members of the board and | 23391 |
the other staff in the bureau, and shall perform all duties and | 23392 |
functions necessary to ensure that the release authority | 23393 |
discharges its responsibilities. The chairperson shall serve as | 23394 |
the official spokesperson for the release authority. | 23395 |
(E) The release authority shall do all of the following: | 23396 |
(1) Serve as the final and sole authority for making | 23397 |
decisions, in the interests of public safety and the children | 23398 |
involved, regarding the release and discharge of all children | 23399 |
committed to the legal custody of the department of youth | 23400 |
services, except children placed by a juvenile court on judicial | 23401 |
release to court supervision or on judicial release to department | 23402 |
of youth services supervision, children who have not completed a | 23403 |
prescribed minimum period of time or prescribed period of time in | 23404 |
a secure facility, or children who are required to remain in a | 23405 |
secure facility until they attain twenty-one years of age; | 23406 |
(2) Establish written policies and procedures for conducting | 23407 |
reviews of the status for all youth in the custody of the | 23408 |
department, setting or modifying dates of release and discharge, | 23409 |
specifying the duration, terms, and conditions of release to be | 23410 |
carried out in supervised release subject to the addition of | 23411 |
additional consistent terms and conditions by a court in | 23412 |
accordance with section 5139.51 of the Revised Code, and giving a | 23413 |
child notice of all reviews; | 23414 |
(3) Maintain records of its official actions, decisions, | 23415 |
orders, and hearing summaries and make the records accessible in | 23416 |
accordance with division (D) of section 5139.05 of the Revised | 23417 |
Code; | 23418 |
(4) Cooperate with public and private agencies, communities, | 23419 |
private groups, and individuals for the development and | 23420 |
improvement of its services; | 23421 |
(5) Collect, develop, and maintain statistical information | 23422 |
regarding its services and decisions; | 23423 |
(6) Submit to the director an annual report that includes a | 23424 |
description of the operations of the release authority, an | 23425 |
evaluation of its effectiveness, recommendations for statutory, | 23426 |
budgetary, or other changes necessary to improve its | 23427 |
effectiveness, and any other information required by the director. | 23428 |
(F) The release authority may do any of the following: | 23429 |
(1) Conduct inquiries, investigations, and reviews and hold | 23430 |
hearings and other proceedings necessary to properly discharge its | 23431 |
responsibilities; | 23432 |
(2) Issue subpoenas, enforceable in a court of law, to compel | 23433 |
a person to appear, give testimony, or produce documentary | 23434 |
information or other tangible items relating to a matter under | 23435 |
inquiry, investigation, review, or hearing; | 23436 |
(3) Administer oaths and receive testimony of persons under | 23437 |
oath; | 23438 |
(4) Request assistance, services, and information from a | 23439 |
public agency to enable the authority to discharge its | 23440 |
responsibilities and receive the assistance, services, and | 23441 |
information from the public agency in a reasonable period of time; | 23442 |
(5) Request from a public agency or any other entity that | 23443 |
provides or has provided services to a child committed to the | 23444 |
department's legal custody information to enable the release | 23445 |
authority to properly discharge its responsibilities with respect | 23446 |
to that child and receive the information from the public agency | 23447 |
or other entity in a reasonable period of time. | 23448 |
(G) The release authority may delegate responsibilities to | 23449 |
hearing officers or other designated staff under the release | 23450 |
authority's auspices. However, the release authority shall not | 23451 |
delegate its authority to make final decisions regarding policy or | 23452 |
the release of a child. | 23453 |
The release authority shall adopt a written policy and | 23454 |
procedures governing appeals of its release and discharge | 23455 |
decisions. | 23456 |
(H) The legal staff of the department of youth services shall | 23457 |
provide assistance to the release authority in the formulation of | 23458 |
policy and in its handling of individual cases. | 23459 |
Sec. 5502.261. A board of county commissioners that has | 23460 |
entered into an agreement to establish a countywide emergency | 23461 |
management agency may appropriate money from its general fund to | 23462 |
support the functions and operations of the agency, including the | 23463 |
development, acquisition, operation, and maintenance of a | 23464 |
countywide public safety communication system and any | 23465 |
communication devices, radios, and other equipment necessary for | 23466 |
the system's operation and use. Money appropriated under this | 23467 |
section may be expended to purchase and maintain the assets or | 23468 |
equipment of the agency, including equipment used by the personnel | 23469 |
of other political subdivisions that have entered into the | 23470 |
agreement with the board establishing the agency. | 23471 |
Sec. 5505.27. All amounts due the state highway patrol | 23472 |
retirement system from the state treasury pursuant to this chapter | 23473 |
shall be promptly paid upon
warrant
of the | 23474 |
director of budget and management pursuant to a voucher approved | 23475 |
by the director | 23476 |
Sec. 5531.10. (A) As used in this chapter: | 23477 |
(1) "Bond proceedings" means the resolution, order, trust | 23478 |
agreement, indenture, lease, lease-purchase agreements, and other | 23479 |
agreements, amendments and supplements to the foregoing, or any | 23480 |
one or more or combination thereof, authorizing or providing for | 23481 |
the terms and conditions applicable to, or providing for the | 23482 |
security or liquidity of, obligations issued pursuant to this | 23483 |
section, and the provisions contained in such obligations. | 23484 |
(2) "Bond service charges" means principal, including | 23485 |
mandatory sinking fund requirements for retirement of obligations, | 23486 |
and interest, and redemption premium, if any, required to be paid | 23487 |
by the state on obligations. | 23488 |
(3) "Bond service fund" means the applicable fund and | 23489 |
accounts therein created for and pledged to the payment of bond | 23490 |
service charges, which may be, or may be part of, the state | 23491 |
infrastructure bank revenue bond service fund created by division | 23492 |
(R) of this section including all moneys and investments, and | 23493 |
earnings from investments, credited and to be credited thereto. | 23494 |
(4) "Issuing authority" means the treasurer of state, or the | 23495 |
officer who by law performs the functions of the treasurer of | 23496 |
state. | 23497 |
(5) "Obligations" means bonds, notes, or other evidence of | 23498 |
obligation including interest coupons pertaining thereto, issued | 23499 |
pursuant to this section. | 23500 |
(6) "Pledged receipts" means moneys accruing to the state | 23501 |
from the lease, lease-purchase, sale, or other disposition, or | 23502 |
use, of qualified projects, and from the repayment, including | 23503 |
interest, of loans made from proceeds received from the sale of | 23504 |
obligations; accrued interest received from the sale of | 23505 |
obligations; income from the investment of the special funds; any | 23506 |
gifts, grants, donations, and pledges, and receipts therefrom, | 23507 |
available for the payment of bond service charges; and any amounts | 23508 |
in the state infrastructure bank pledged to the payment of such | 23509 |
charges. If the amounts in the state infrastructure bank are | 23510 |
insufficient for the payment of such charges, "pledged receipts" | 23511 |
also means moneys that are apportioned by the United States | 23512 |
secretary of transportation under United States Code, Title XXIII, | 23513 |
as amended, or any successor legislation, or under any other | 23514 |
federal law relating to aid for highways, and that are to be | 23515 |
received as a grant by the state, to the extent the state is not | 23516 |
prohibited by state or federal law from using such moneys and the | 23517 |
moneys are pledged to the payment of such bond service charges. | 23518 |
(7) "Special funds" or "funds" means, except where the | 23519 |
context does not permit, the bond service fund, and any other | 23520 |
funds, including reserve funds, created under the bond | 23521 |
proceedings, and the state infrastructure bank revenue bond | 23522 |
service fund created by division (R) of this section to the extent | 23523 |
provided in the bond proceedings, including all moneys and | 23524 |
investments, and earnings from investment, credited and to be | 23525 |
credited thereto. | 23526 |
(8) "State infrastructure project" means any public | 23527 |
transportation project undertaken by the state, including, but not | 23528 |
limited to, all components of any such project, as described in | 23529 |
division (D) of section 5531.09 of the Revised Code. | 23530 |
(9) "District obligations" means bonds, notes, or other | 23531 |
evidence of obligation including interest coupons pertaining | 23532 |
thereto, issued to finance a qualified project by a transportation | 23533 |
improvement district created pursuant to section 5540.02 of the | 23534 |
Revised Code, of which the principal, including mandatory sinking | 23535 |
fund requirements for retirement of such obligations, and interest | 23536 |
and redemption premium, if any, are payable by the department of | 23537 |
transportation. | 23538 |
(B) The issuing authority, after giving written notice to the | 23539 |
director of budget and management and upon the certification by | 23540 |
the director of transportation to the issuing authority of the | 23541 |
amount of moneys or additional moneys needed either for state | 23542 |
infrastructure projects or to provide financial assistance for any | 23543 |
of the purposes for which the state infrastructure bank may be | 23544 |
used under section 5531.09 of the Revised Code, or needed for | 23545 |
capitalized interest, funding reserves, and paying costs and | 23546 |
expenses incurred in connection with the issuance, carrying, | 23547 |
securing, paying, redeeming, or retirement of the obligations or | 23548 |
any obligations refunded thereby, including payment of costs and | 23549 |
expenses relating to letters of credit, lines of credit, | 23550 |
insurance, put agreements, standby purchase agreements, indexing, | 23551 |
marketing, remarketing and administrative arrangements, interest | 23552 |
swap or hedging agreements, and any other credit enhancement, | 23553 |
liquidity, remarketing, renewal, or refunding arrangements, all of | 23554 |
which are authorized by this section, shall issue obligations of | 23555 |
the state under this section in the required amount. The proceeds | 23556 |
of such obligations, except for the portion to be deposited in | 23557 |
special funds, including reserve funds, as may be provided in the | 23558 |
bond proceedings, shall as provided in the bond proceedings be | 23559 |
credited to the infrastructure bank obligations fund of the state | 23560 |
infrastructure bank created by section 5531.09 of the Revised Code | 23561 |
and disbursed as provided in the bond proceedings for such | 23562 |
obligations. The issuing authority may appoint trustees, paying | 23563 |
agents, transfer agents, and authenticating agents, and may retain | 23564 |
the services of financial advisors, accounting experts, and | 23565 |
attorneys, and retain or contract for the services of marketing, | 23566 |
remarketing, indexing, and administrative agents, other | 23567 |
consultants, and independent contractors, including printing | 23568 |
services, as are necessary in the issuing authority's judgment to | 23569 |
carry out this section. The costs of such services are payable | 23570 |
from funds of the state infrastructure bank. | 23571 |
(C) | 23572 |
holders or owners of such obligations shall have no right to have | 23573 |
moneys raised by taxation by the state of Ohio obligated or | 23574 |
pledged, and moneys so raised shall not be obligated or pledged, | 23575 |
for the payment of bond service charges. | 23576 |
23577 | |
23578 | |
23579 | |
23580 | |
23581 | |
23582 | |
23583 | |
23584 | |
23585 | |
The right of such holders and owners to the payment of bond | 23586 |
service charges is limited to all or that portion of the pledged | 23587 |
receipts and those special funds pledged thereto pursuant to the | 23588 |
bond proceedings for such obligations in accordance with this | 23589 |
section, and each such obligation shall bear on its face a | 23590 |
statement to that effect. Moneys received as repayment of loans | 23591 |
made by the state infrastructure bank pursuant to section 5531.09 | 23592 |
of the Revised Code shall not be considered moneys raised by | 23593 |
taxation by the state of Ohio regardless of the source of the | 23594 |
moneys. | 23595 |
(D) Obligations shall be authorized by order of the issuing | 23596 |
authority and the bond proceedings shall provide for the purpose | 23597 |
thereof and the principal amount or amounts, and shall provide for | 23598 |
or authorize the manner or agency for determining the principal | 23599 |
maturity or maturities, not exceeding twenty-five years from the | 23600 |
date of issuance, the interest rate or rates or the maximum | 23601 |
interest rate, the date of the obligations and the dates of | 23602 |
payment of interest thereon, their denomination, and the | 23603 |
establishment within or without the state of a place or places of | 23604 |
payment of bond service charges. Sections 9.98 to 9.983 of the | 23605 |
Revised Code are applicable to obligations issued under this | 23606 |
section. The purpose of such obligations may be stated in the bond | 23607 |
proceedings in terms describing the general purpose or purposes to | 23608 |
be served. The bond proceedings also shall provide, subject to the | 23609 |
provisions of any other applicable bond proceedings, for the | 23610 |
pledge of all, or such part as the issuing authority may | 23611 |
determine, of the pledged receipts and the applicable special fund | 23612 |
or funds to the payment of bond service charges, which pledges may | 23613 |
be made either prior or subordinate to other expenses, claims, or | 23614 |
payments, and may be made to secure the obligations on a parity | 23615 |
with obligations theretofore or thereafter issued, if and to the | 23616 |
extent provided in the bond proceedings. The pledged receipts and | 23617 |
special funds so pledged and thereafter received by the state | 23618 |
immediately are subject to the lien of such pledge without any | 23619 |
physical delivery thereof or further act, and the lien of any such | 23620 |
pledges is valid and binding against all parties having claims of | 23621 |
any kind against the state or any governmental agency of the | 23622 |
state, irrespective of whether such parties have notice thereof, | 23623 |
and shall create a perfected security interest for all purposes of | 23624 |
Chapter 1309. of the Revised Code, without the necessity for | 23625 |
separation or delivery of funds or for the filing or recording of | 23626 |
the bond proceedings by which such pledge is created or any | 23627 |
certificate, statement, or other document with respect thereto; | 23628 |
and the pledge of such pledged receipts and special funds is | 23629 |
effective and the money therefrom and thereof may be applied to | 23630 |
the purposes for which pledged without necessity for any act of | 23631 |
appropriation. Every pledge, and every covenant and agreement | 23632 |
made with respect thereto, made in the bond proceedings may | 23633 |
therein be extended to the benefit of the owners and holders of | 23634 |
obligations authorized by this section, and to any trustee | 23635 |
therefor, for the further security of the payment of the bond | 23636 |
service charges. | 23637 |
(E) The bond proceedings may contain additional provisions as | 23638 |
to: | 23639 |
(1) The redemption of obligations prior to maturity at the | 23640 |
option of the issuing authority at such price or prices and under | 23641 |
such terms and conditions as are provided in the bond proceedings; | 23642 |
(2) Other terms of the obligations; | 23643 |
(3) Limitations on the issuance of additional obligations; | 23644 |
(4) The terms of any trust agreement or indenture securing | 23645 |
the obligations or under which the same may be issued; | 23646 |
(5) The deposit, investment, and application of special | 23647 |
funds, and the safeguarding of moneys on hand or on deposit, | 23648 |
without regard to Chapter 131. or 135. of the Revised Code, but | 23649 |
subject to any special provisions of this section with respect to | 23650 |
particular funds or moneys, provided that any bank or trust | 23651 |
company which acts as depository of any moneys in the special | 23652 |
funds may furnish such indemnifying bonds or may pledge such | 23653 |
securities as required by the issuing authority; | 23654 |
(6) Any or every provision of the bond proceedings being | 23655 |
binding upon such officer, board, commission, authority, agency, | 23656 |
department, or other person or body as may from time to time have | 23657 |
the authority under law to take such actions as may be necessary | 23658 |
to perform all or any part of the duty required by such provision; | 23659 |
(7) Any provision that may be made in a trust agreement or | 23660 |
indenture; | 23661 |
(8) Any other or additional agreements with the holders of | 23662 |
the obligations, or the trustee therefor, relating to the | 23663 |
obligations or the security therefor, including the assignment of | 23664 |
mortgages or other security relating to financial assistance for | 23665 |
qualified projects under section 5531.09 of the Revised Code. | 23666 |
(F) The obligations may have the great seal of the state or a | 23667 |
facsimile thereof affixed thereto or printed thereon. The | 23668 |
obligations and any coupons pertaining to obligations shall be | 23669 |
signed or bear the facsimile signature of the issuing authority. | 23670 |
Any obligations or coupons may be executed by the person who, on | 23671 |
the date of execution, is the proper issuing authority although on | 23672 |
the date of such bonds or coupons such person was not the issuing | 23673 |
authority. In case the issuing authority whose signature or a | 23674 |
facsimile of whose signature appears on any such obligation or | 23675 |
coupon ceases to be the issuing authority before delivery thereof, | 23676 |
such signature or facsimile nevertheless is valid and sufficient | 23677 |
for all purposes as if the former issuing authority had remained | 23678 |
the issuing authority until such delivery; and in case the seal to | 23679 |
be affixed to obligations has been changed after a facsimile of | 23680 |
the seal has been imprinted on such obligations, such facsimile | 23681 |
seal shall continue to be sufficient as to such obligations and | 23682 |
obligations issued in substitution or exchange therefor. | 23683 |
(G) All obligations are negotiable instruments and securities | 23684 |
under Chapter 1308. of the Revised Code, subject to the provisions | 23685 |
of the bond proceedings as to registration. The obligations may be | 23686 |
issued in coupon or in registered form, or both, as the issuing | 23687 |
authority determines. Provision may be made for the registration | 23688 |
of any obligations with coupons attached thereto as to principal | 23689 |
alone or as to both principal and interest, their exchange for | 23690 |
obligations so registered, and for the conversion or reconversion | 23691 |
into obligations with coupons attached thereto of any obligations | 23692 |
registered as to both principal and interest, and for reasonable | 23693 |
charges for such registration, exchange, conversion, and | 23694 |
reconversion. | 23695 |
(H) Obligations may be sold at public sale or at private | 23696 |
sale, as determined in the bond proceedings. | 23697 |
(I) Pending preparation of definitive obligations, the | 23698 |
issuing authority may issue interim receipts or certificates which | 23699 |
shall be exchanged for such definitive obligations. | 23700 |
(J) In the discretion of the issuing authority, obligations | 23701 |
may be secured additionally by a trust agreement or indenture | 23702 |
between the issuing authority and a corporate trustee which may be | 23703 |
any trust company or bank having its principal place of business | 23704 |
within the state. Any such agreement or indenture may contain the | 23705 |
order authorizing the issuance of the obligations, any provisions | 23706 |
that may be contained in any bond proceedings, and other | 23707 |
provisions which are customary or appropriate in an agreement or | 23708 |
indenture of such type, including, but not limited to: | 23709 |
(1) Maintenance of each pledge, trust agreement, indenture, | 23710 |
or other instrument comprising part of the bond proceedings until | 23711 |
the state has fully paid the bond service charges on the | 23712 |
obligations secured thereby, or provision therefor has been made; | 23713 |
(2) In the event of default in any payments required to be | 23714 |
made by the bond proceedings, or any other agreement of the | 23715 |
issuing authority made as a part of the contract under which the | 23716 |
obligations were issued, enforcement of such payments or agreement | 23717 |
by mandamus, the appointment of a receiver, suit in equity, action | 23718 |
at law, or any combination of the foregoing; | 23719 |
(3) The rights and remedies of the holders of obligations and | 23720 |
of the trustee, and provisions for protecting and enforcing them, | 23721 |
including limitations on the rights of individual holders of | 23722 |
obligations; | 23723 |
(4) The replacement of any obligations that become mutilated | 23724 |
or are destroyed, lost, or stolen; | 23725 |
(5) Such other provisions as the trustee and the issuing | 23726 |
authority agree upon, including limitations, conditions, or | 23727 |
qualifications relating to any of the foregoing. | 23728 |
(K) Any holder of obligations or a trustee under the bond | 23729 |
proceedings, except to the extent that the holder's or trustee's | 23730 |
rights are restricted by the bond proceedings, may by any suitable | 23731 |
form of legal proceedings, protect and enforce any rights under | 23732 |
the laws of this state or granted by such bond proceedings. Such | 23733 |
rights include the right to compel the performance of all duties | 23734 |
of the issuing authority and the director of transportation | 23735 |
required by the bond proceedings or sections 5531.09 and 5531.10 | 23736 |
of the Revised Code; to enjoin unlawful activities; and in the | 23737 |
event of default with respect to the payment of any bond service | 23738 |
charges on any obligations or in the performance of any covenant | 23739 |
or agreement on the part of the issuing authority or the director | 23740 |
of transportation in the bond proceedings, to apply to a court | 23741 |
having jurisdiction of the cause to appoint a receiver to receive | 23742 |
and administer the pledged receipts and special funds, other than | 23743 |
those in the custody of the treasurer of state, which are pledged | 23744 |
to the payment of the bond service charges on such obligations or | 23745 |
which are the subject of the covenant or agreement, with full | 23746 |
power to pay, and to provide for payment of bond service charges | 23747 |
on, such obligations, and with such powers, subject to the | 23748 |
direction of the court, as are accorded receivers in general | 23749 |
equity cases, excluding any power to pledge additional revenues or | 23750 |
receipts or other income or moneys of the state or local | 23751 |
governmental entities, or agencies thereof, to the payment of such | 23752 |
principal and interest and excluding the power to take possession | 23753 |
of, mortgage, or cause the sale or otherwise dispose of any | 23754 |
project facilities. | 23755 |
Each duty of the issuing authority and the issuing | 23756 |
authority's officers and employees, and of each state or local | 23757 |
governmental agency and its officers, members, or employees, | 23758 |
undertaken pursuant to the bond proceedings or any loan, loan | 23759 |
guarantee, lease, lease-purchase agreement, or other agreement | 23760 |
made under authority of section 5531.09 of the Revised Code, and | 23761 |
in every agreement by or with the issuing authority, is hereby | 23762 |
established as a duty of the issuing authority, and of each such | 23763 |
officer, member, or employee having authority to perform such | 23764 |
duty, specifically enjoined by the law resulting from an office, | 23765 |
trust, or station within the meaning of section 2731.01 of the | 23766 |
Revised Code. | 23767 |
The person who is at the time the issuing authority, or the | 23768 |
issuing authority's officers or employees, are not liable in their | 23769 |
personal capacities on any obligations issued by the issuing | 23770 |
authority or any agreements of or with the issuing authority. | 23771 |
(L) The issuing authority may authorize and issue obligations | 23772 |
for the refunding, including funding and retirement, and advance | 23773 |
refunding with or without payment or redemption prior to maturity, | 23774 |
of any obligations previously issued by the issuing authority or | 23775 |
district obligations. Such refunding obligations may be issued in | 23776 |
amounts sufficient for payment of the principal amount of the | 23777 |
prior obligations or district obligations, any redemption premiums | 23778 |
thereon, principal maturities of any such obligations or district | 23779 |
obligations maturing prior to the redemption of the remaining | 23780 |
obligations or district obligations on a parity therewith, | 23781 |
interest accrued or to accrue to the maturity dates or dates of | 23782 |
redemption of such obligations or district obligations, and any | 23783 |
expenses incurred or to be incurred in connection with such | 23784 |
issuance and such refunding, funding, and retirement. Subject to | 23785 |
the bond proceedings therefor, the portion of proceeds of the sale | 23786 |
of refunding obligations issued under this division to be applied | 23787 |
to bond service charges on the prior obligations or district | 23788 |
obligations shall be credited to an appropriate account held by | 23789 |
the trustee for such prior or new obligations or to the | 23790 |
appropriate account in the bond service fund for such obligations | 23791 |
or district obligations. Obligations authorized under this | 23792 |
division shall be deemed to be issued for those purposes for which | 23793 |
such prior obligations or district obligations were issued and are | 23794 |
subject to the provisions of this section pertaining to other | 23795 |
obligations, except as otherwise provided in this section. The | 23796 |
last maturity of obligations authorized under this division shall | 23797 |
not be later than twenty-five years from the date of issuance of | 23798 |
the original securities issued for the original purpose. | 23799 |
(M) The authority to issue obligations under this section | 23800 |
includes authority to issue obligations in the form of bond | 23801 |
anticipation notes and to renew the same from time to time by the | 23802 |
issuance of new notes. The holders of such notes or interest | 23803 |
coupons pertaining thereto shall have a right to be paid solely | 23804 |
from the pledged receipts and special funds that may be pledged to | 23805 |
the payment of the bonds anticipated, or from the proceeds of such | 23806 |
bonds or renewal notes, or both, as the issuing authority provides | 23807 |
in the order authorizing such notes. Such notes may be | 23808 |
additionally secured by covenants of the issuing authority to the | 23809 |
effect that the issuing authority and the state will do such or | 23810 |
all things necessary for the issuance of such bonds or renewal | 23811 |
notes in the appropriate amount, and apply the proceeds thereof to | 23812 |
the extent necessary, to make full payment of the principal of and | 23813 |
interest on such notes at the time or times contemplated, as | 23814 |
provided in such order. For such purpose, the issuing authority | 23815 |
may issue bonds or renewal notes in such principal amount and upon | 23816 |
such terms as may be necessary to provide funds to pay when | 23817 |
required the principal of and interest on such notes, | 23818 |
notwithstanding any limitations prescribed by or for purposes of | 23819 |
this section. Subject to this division, all provisions for and | 23820 |
references to obligations in this section are applicable to notes | 23821 |
authorized under this division. | 23822 |
The issuing authority in the bond proceedings authorizing the | 23823 |
issuance of bond anticipation notes shall set forth for such bonds | 23824 |
an estimated interest rate and a schedule of principal payments | 23825 |
for such bonds and the annual maturity dates thereof. | 23826 |
(N) Obligations issued under this section are lawful | 23827 |
investments for banks, societies for savings, savings and loan | 23828 |
associations, deposit guarantee associations, trust companies, | 23829 |
trustees, fiduciaries, insurance companies, including domestic for | 23830 |
life and domestic not for life, trustees or other officers having | 23831 |
charge of sinking and bond retirement or other special funds of | 23832 |
political subdivisions and taxing districts of this state, the | 23833 |
commissioners of the sinking fund of the state, the administrator | 23834 |
of workers' compensation, the state teachers retirement system, | 23835 |
the public employees retirement system, the school employees | 23836 |
retirement system, and the Ohio police and fire pension fund, | 23837 |
notwithstanding any other provisions of the Revised Code or rules | 23838 |
adopted pursuant thereto by any agency of the state with respect | 23839 |
to investments by them, and are also acceptable as security for | 23840 |
the deposit of public moneys. | 23841 |
(O) Unless otherwise provided in any applicable bond | 23842 |
proceedings, moneys to the credit of or in the special funds | 23843 |
established by or pursuant to this section may be invested by or | 23844 |
on behalf of the issuing authority only in notes, bonds, or other | 23845 |
obligations of the United States, or of any agency or | 23846 |
instrumentality of the United States, obligations guaranteed as to | 23847 |
principal and interest by the United States, obligations of this | 23848 |
state or any political subdivision of this state, and certificates | 23849 |
of deposit of any national bank located in this state and any | 23850 |
bank, as defined in section 1101.01 of the Revised Code, subject | 23851 |
to inspection by the superintendent of financial institutions. If | 23852 |
the law or the instrument creating a trust pursuant to division | 23853 |
(J) of this section expressly permits investment in direct | 23854 |
obligations of the United States or an agency of the United | 23855 |
States, unless expressly prohibited by the instrument, such moneys | 23856 |
also may be invested in no-front-end-load money market mutual | 23857 |
funds consisting exclusively of obligations of the United States | 23858 |
or an agency of the United States and in repurchase agreements, | 23859 |
including those issued by the fiduciary itself, secured by | 23860 |
obligations of the United States or an agency of the United | 23861 |
States; and in collective investment funds as defined in division | 23862 |
(A) of section 1111.01 of the Revised Code and consisting | 23863 |
exclusively of any such securities. The income from such | 23864 |
investments shall be credited to such funds as the issuing | 23865 |
authority determines, and such investments may be sold at such | 23866 |
times as the issuing authority determines or authorizes. | 23867 |
(P) Provision may be made in the applicable bond proceedings | 23868 |
for the establishment of separate accounts in the bond service | 23869 |
fund and for the application of such accounts only to the | 23870 |
specified bond service charges on obligations pertinent to such | 23871 |
accounts and bond service fund and for other accounts therein | 23872 |
within the general purposes of such fund. Unless otherwise | 23873 |
provided in any applicable bond proceedings, moneys to the credit | 23874 |
of or in the several special funds established pursuant to this | 23875 |
section shall be disbursed on the order of the treasurer of state, | 23876 |
provided that no such order is required for the payment from the | 23877 |
bond service fund when due of bond service charges on obligations. | 23878 |
(Q)(1) The issuing authority may pledge all, or such portion | 23879 |
as the issuing authority determines, of the pledged receipts to | 23880 |
the payment of bond service charges on obligations issued under | 23881 |
this section, and for the establishment and maintenance of any | 23882 |
reserves, as provided in the bond proceedings, and make other | 23883 |
provisions therein with respect to pledged receipts as authorized | 23884 |
by this chapter, which provisions are controlling notwithstanding | 23885 |
any other provisions of law pertaining thereto. | 23886 |
(2) An action taken under division (Q)(2) of this section | 23887 |
does not limit the generality of division (Q)(1) of this section, | 23888 |
and is subject to division (C) of this section and, if and to the | 23889 |
extent otherwise applicable, Section 13 of Article VIII, Ohio | 23890 |
Constitution. The bond proceedings may contain a covenant that, in | 23891 |
the event the pledged receipts primarily pledged and required to | 23892 |
be used for the payment of bond service charges on obligations | 23893 |
issued under this section, and for the establishment and | 23894 |
maintenance of any reserves, as provided in the bond proceedings, | 23895 |
are insufficient to make any such payment in full when due, or to | 23896 |
maintain any such reserve, the director of transportation shall so | 23897 |
notify the governor, and shall determine to what extent, if any, | 23898 |
the payment may be made or moneys may be restored to the reserves | 23899 |
from lawfully available moneys previously appropriated for that | 23900 |
purpose to the department of transportation. The covenant also | 23901 |
may provide that if the payments are not made or the moneys are | 23902 |
not immediately and fully restored to the reserves from such | 23903 |
moneys, the director shall promptly submit to the governor and to | 23904 |
the director of budget and management a written request for either | 23905 |
or both of the following: | 23906 |
(a) That the next biennial budget submitted by the governor | 23907 |
to the general assembly include an amount to be appropriated from | 23908 |
lawfully available moneys to the department for the purpose of and | 23909 |
sufficient for the payment in full of bond service charges | 23910 |
previously due and for the full replenishment of the reserves; | 23911 |
(b) That the general assembly be requested to increase | 23912 |
appropriations from lawfully available moneys for the department | 23913 |
in the current biennium sufficient for the purpose of and for the | 23914 |
payment in full of bond service charges previously due and to come | 23915 |
due in the biennium and for the full replenishment of the | 23916 |
reserves. | 23917 |
The director of transportation shall include with such | 23918 |
requests a recommendation that the payment of the bond service | 23919 |
charges and the replenishment of the reserves be made in the | 23920 |
interest of maximizing the benefits of the state infrastructure | 23921 |
bank. Any such covenant shall not obligate or purport to obligate | 23922 |
the state to pay the bond service charges on such bonds or notes | 23923 |
or to deposit moneys in a reserve established for such payments | 23924 |
other than from moneys that may be lawfully available and | 23925 |
appropriated for that purpose during the then-current biennium. | 23926 |
(R) There is hereby created the state infrastructure bank | 23927 |
revenue bond service fund, which shall be in the custody of the | 23928 |
treasurer of state but shall not be a part of the state treasury. | 23929 |
All moneys received by or on account of the issuing authority or | 23930 |
state agencies and required by the applicable bond proceedings, | 23931 |
consistent with this section, to be deposited, transferred, or | 23932 |
credited to the bond service fund, and all other moneys | 23933 |
transferred or allocated to or received for the purposes of the | 23934 |
fund, shall be deposited and credited to such fund and to any | 23935 |
separate accounts therein, subject to applicable provisions of the | 23936 |
bond proceedings, but without necessity for any act of | 23937 |
appropriation. The state infrastructure bank revenue bond service | 23938 |
fund is a trust fund and is hereby pledged to the payment of bond | 23939 |
service charges to the extent provided in the applicable bond | 23940 |
proceedings, and payment thereof from such fund shall be made or | 23941 |
provided for by the treasurer of state in accordance with such | 23942 |
bond proceedings without necessity for any act of appropriation. | 23943 |
(S) The obligations issued pursuant to this section, the | 23944 |
transfer thereof, and the income therefrom, including any profit | 23945 |
made on the sale thereof, shall at all times be free from taxation | 23946 |
within this state. | 23947 |
Sec. 5531.101. (A) Municipal corporations, counties, and | 23948 |
townships may not use revenue raised under section 5735.29 of the | 23949 |
Revised Code to repay loans made by the state infrastructure bank | 23950 |
under section 5531.09 of the Revised Code if both of the following | 23951 |
apply: | 23952 |
(1) The loans were made for highway, road, or street projects | 23953 |
begun prior to March 31, 2003. | 23954 |
(2) The revenue: | 23955 |
(a) Results from the increase in the tax imposed under | 23956 |
section 5735.29 of the Revised Code pursuant to the amendment of | 23957 |
the section by Am. Sub. H.B. 87 of the 125th General Assembly; and | 23958 |
(b) Is distributed under section 5735.291 of the Revised | 23959 |
Code. | 23960 |
(B) While the loans described in division (A)(1) of this | 23961 |
section are outstanding, the tax commissioner shall notify | 23962 |
municipal corporations, counties, and townships receiving the | 23963 |
revenue described in division (A)(2) of this section of the amount | 23964 |
that cannot be used for the loan repayments. | 23965 |
Sec. 5577.99. (A) Whoever violates the weight provisions of | 23966 |
sections 5577.01 to 5577.07 or the weight provisions in regard to | 23967 |
highways under section 5577.04 of the Revised Code shall be fined | 23968 |
eighty dollars for the first two thousand pounds, or fraction | 23969 |
thereof, of overload; for overloads in excess of two thousand | 23970 |
pounds, but not in excess of five thousand pounds, such person | 23971 |
shall be fined one hundred dollars, and in addition thereto one | 23972 |
dollar per one hundred pounds of overload; for overloads in excess | 23973 |
of five thousand pounds, but not in excess of ten thousand pounds, | 23974 |
such person shall be fined one hundred thirty dollars and in | 23975 |
addition thereto two dollars per one hundred pounds of overload, | 23976 |
or imprisoned not more than thirty days, or both. For all | 23977 |
overloads in excess of ten thousand pounds such person shall be | 23978 |
fined one hundred sixty dollars, and in addition thereto three | 23979 |
dollars per one hundred pounds of overload, or imprisoned not more | 23980 |
than thirty days, or both. Whoever violates the weight provisions | 23981 |
of vehicle and load relating to gross load limits shall be fined | 23982 |
not less than one hundred dollars. No penalty prescribed in this | 23983 |
division shall be imposed on any vehicle combination if the | 23984 |
overload on any axle does not exceed one thousand pounds, and if | 23985 |
the immediately preceding or following axle, excepting the front | 23986 |
axle of the vehicle combination, is underloaded by the same or a | 23987 |
greater amount. For purposes of this division, two axles on one | 23988 |
vehicle less than eight feet apart, shall be considered as one | 23989 |
axle. | 23990 |
(B) Whoever violates the weight provisions of section | 23991 |
23992 | |
bridges under section 5577.09, and whoever exceeds the carrying | 23993 |
capacity specified under section 5591.42 of the Revised Code, | 23994 |
shall be fined eighty dollars for the first two thousand pounds, | 23995 |
or fraction thereof, of overload; for overloads in excess of two | 23996 |
thousand pounds, but not in excess of five thousand pounds, the | 23997 |
person shall be fined one hundred dollars, and in addition thereto | 23998 |
one dollar per one hundred pounds of overload; for overloads in | 23999 |
excess of five thousand pounds, but not in excess of ten thousand | 24000 |
pounds, the person shall be fined one hundred thirty dollars, and | 24001 |
in addition thereto two dollars per one hundred pounds of | 24002 |
overload, or imprisoned not more than thirty days, or both. For | 24003 |
all overloads in excess of ten thousand pounds, the person shall | 24004 |
be fined one hundred sixty dollars, and in addition thereto three | 24005 |
dollars per one hundred pounds of overload, or imprisoned not more | 24006 |
than thirty days, or both. | 24007 |
Notwithstanding any other provision of the Revised Code that | 24008 |
specifies a procedure for the distribution of fines, all fines | 24009 |
collected pursuant to division (B) of this section shall be paid | 24010 |
into the treasury of the county and credited to any fund for the | 24011 |
maintenance and repair of roads, highways, bridges, or culverts. | 24012 |
(C) Whoever violates any other provision of sections 5577.01 | 24013 |
to 5577.09 of the Revised Code is guilty of a minor misdemeanor on | 24014 |
a first offense; on a second or subsequent offense, such person is | 24015 |
guilty of a misdemeanor of the fourth degree. | 24016 |
(D) Whoever violates section 5577.10 of the Revised Code | 24017 |
shall be fined not more than five thousand dollars or imprisoned | 24018 |
for not less than thirty days nor more than six months, or both. | 24019 |
(E) Whoever violates section 5577.11 of the Revised Code | 24020 |
shall be fined not more than twenty-five dollars. | 24021 |
Sec. 5701.11. (A) Except as provided under division (B) of | 24022 |
this section, any reference in Title LVII of the Revised Code to | 24023 |
the Internal Revenue Code, to the Internal Revenue Code "as | 24024 |
amended," to other laws of the United States, or to other laws of | 24025 |
the United States, "as amended" means the Internal Revenue Code or | 24026 |
other laws of the United States as they exist on the effective | 24027 |
date of this section as enacted by H.B. 530 of the 126th general | 24028 |
assembly. This section does not apply to any reference to the | 24029 |
Internal Revenue Code or to other laws of the United States as of | 24030 |
a date certain specifying the day, month, and year. | 24031 |
(B) For purposes of applying section 5733.04, 5745.01, or | 24032 |
5747.01 of the Revised Code to a taxpayer's taxable year ending in | 24033 |
2005, and also to the subsequent taxable year if it ends before | 24034 |
the effective date of this section, a taxpayer may irrevocably | 24035 |
elect to incorporate the provisions of the Internal Revenue Code | 24036 |
or other laws of the United States that are in effect for federal | 24037 |
income tax purposes for those taxable years if those provisions | 24038 |
differ from the provisions that would otherwise be incorporated | 24039 |
into section 5733.04, 5745.01, or 5747.01 of the Revised Code for | 24040 |
those taxable years under division (A) of this section. The filing | 24041 |
of a report or return by the taxpayer for the taxable year ending | 24042 |
in 2005 that incorporates the provisions of the Internal Revenue | 24043 |
Code or other laws of the United States applicable for federal | 24044 |
income tax purposes to that taxable year, without adjustments to | 24045 |
reverse the effects of any differences between those provisions | 24046 |
and the provisions that would otherwise be incorporated under | 24047 |
division (A) of this section, constitutes the making of an | 24048 |
irrevocable election under this division for that taxable year and | 24049 |
for the subsequent taxable year if it ends before the effective | 24050 |
date of this section. | 24051 |
Sec. 5703.21. (A) Except as provided in divisions (B) and | 24052 |
(C) of this section, no agent of the department of taxation, | 24053 |
except in the agent's report to the department or when called on | 24054 |
to testify in any court or proceeding, shall divulge any | 24055 |
information acquired by the agent as to the transactions, | 24056 |
property, or business of any person while acting or claiming to | 24057 |
act under orders of the department. Whoever violates this | 24058 |
provision shall thereafter be disqualified from acting as an | 24059 |
officer or employee or in any other capacity under appointment or | 24060 |
employment of the department. | 24061 |
(B)(1) For purposes of an audit pursuant to section 117.15 of | 24062 |
the Revised Code, or an audit of the department pursuant to | 24063 |
Chapter 117. of the Revised Code, or an audit, pursuant to that | 24064 |
chapter, the objective of which is to express an opinion on a | 24065 |
financial report or statement prepared or issued pursuant to | 24066 |
division (A)(7) or (9) of section 126.21 of the Revised Code, the | 24067 |
officers and employees of the auditor of state charged with | 24068 |
conducting the audit shall have access to and the right to examine | 24069 |
any state tax returns and state tax return information in the | 24070 |
possession of the department to the extent that the access and | 24071 |
examination are necessary for purposes of the audit. Any | 24072 |
information acquired as the result of that access and examination | 24073 |
shall not be divulged for any purpose other than as required for | 24074 |
the audit or unless the officers and employees are required to | 24075 |
testify in a court or proceeding under compulsion of legal | 24076 |
process. Whoever violates this provision shall thereafter be | 24077 |
disqualified from acting as an officer or employee or in any other | 24078 |
capacity under appointment or employment of the auditor of state. | 24079 |
(2) As provided by section 6103(d)(2) of the Internal Revenue | 24080 |
Code, any federal tax returns or federal tax information that the | 24081 |
department has acquired from the internal revenue service, through | 24082 |
federal and state statutory authority, may be disclosed to the | 24083 |
auditor of state solely for purposes of an audit of the | 24084 |
department. | 24085 |
(C) Division (A) of this section does not prohibit any of the | 24086 |
following: | 24087 |
(1) Divulging information contained in applications, | 24088 |
complaints, and related documents filed with the department under | 24089 |
section 5715.27 of the Revised Code or in applications filed with | 24090 |
the department under section 5715.39 of the Revised Code; | 24091 |
(2) Providing information to the office of child support | 24092 |
within the department of job and family services pursuant to | 24093 |
section 3125.43 of the Revised Code; | 24094 |
(3) Disclosing to the board of motor vehicle collision repair | 24095 |
registration any information in the possession of the department | 24096 |
that is necessary for the board to verify the existence of an | 24097 |
applicant's valid vendor's license and current state tax | 24098 |
identification number under section 4775.07 of the Revised Code; | 24099 |
(4) Providing information to the administrator of workers' | 24100 |
compensation pursuant to section 4123.591 of the Revised Code; | 24101 |
(5) Providing to the attorney general information the | 24102 |
department obtains under division (J) of section 1346.01 of the | 24103 |
Revised Code; | 24104 |
(6) Permitting properly authorized officers, employees, or | 24105 |
agents of a municipal corporation from inspecting reports or | 24106 |
information pursuant to rules adopted under section 5745.16 of the | 24107 |
Revised Code; | 24108 |
(7) Providing information regarding the name, account number, | 24109 |
or business address of a holder of a vendor's license issued | 24110 |
pursuant to section 5739.17 of the Revised Code, a holder of a | 24111 |
direct payment permit issued pursuant to section 5739.031 of the | 24112 |
Revised Code, or a seller having a use tax account maintained | 24113 |
pursuant to section 5741.17 of the Revised Code, or information | 24114 |
regarding the active or inactive status of a vendor's license, | 24115 |
direct payment permit, or seller's use tax account; | 24116 |
(8) Releasing invoices or invoice information furnished under | 24117 |
section 4301.433 of the Revised Code pursuant to that section; | 24118 |
(9) Providing to a county auditor notices or documents | 24119 |
concerning or affecting the taxable value of property in the | 24120 |
county auditor's county. Unless authorized by law to disclose | 24121 |
documents so provided, the county auditor shall not disclose such | 24122 |
documents; | 24123 |
(10) Providing to a county auditor sales or use tax return or | 24124 |
audit information under section 333.06 of the Revised Code. | 24125 |
Sec. 5703.57. (A) As used in this section, "Ohio business | 24126 |
gateway" has the same meaning as in section 718.051 of the Revised | 24127 |
Code. | 24128 |
(B) There is hereby created the Ohio business gateway | 24129 |
steering committee to direct the continuing development of the | 24130 |
Ohio business gateway and to oversee its operations. The committee | 24131 |
shall provide general oversight regarding operation of the Ohio | 24132 |
business gateway and shall recommend to the department of | 24133 |
administrative services enhancements that will improve the Ohio | 24134 |
business gateway. The committee shall consider all banking, | 24135 |
technological, administrative, and other issues associated with | 24136 |
the Ohio business gateway and shall make recommendations regarding | 24137 |
the type of reporting forms or other tax documents to be filed | 24138 |
through the Ohio business gateway. | 24139 |
(C) The committee shall consist of: | 24140 |
(1) The following members, appointed by the governor with the | 24141 |
advice and consent of the senate: | 24142 |
(a) Not more than two representatives of the business | 24143 |
community; | 24144 |
(b) Not more than three representatives of municipal tax | 24145 |
administrators; and | 24146 |
(c) Not more than two tax practitioners. | 24147 |
(2) The following ex officio members: | 24148 |
(a) The director or other highest officer of each state | 24149 |
agency that has tax reporting forms or other tax documents filed | 24150 |
with it through the Ohio business gateway or the director's | 24151 |
designee; | 24152 |
(b) The secretary of state or the secretary of state's | 24153 |
designee; | 24154 |
(c) The treasurer of state or the treasurer of state's | 24155 |
designee; | 24156 |
(d) The director of budget and management or the director's | 24157 |
designee; | 24158 |
(e) The director of | 24159 |
information technology or the director's designee; and | 24160 |
(f) The tax commissioner or the tax commissioner's designee. | 24161 |
An appointed member shall serve until the member resigns or | 24162 |
is removed by the governor. Vacancies shall be filled in the same | 24163 |
manner as original appointments. | 24164 |
(D) A vacancy on the committee does not impair the right of | 24165 |
the other members to exercise all the functions of the committee. | 24166 |
The presence of a majority of the members of the committee | 24167 |
constitutes a quorum for the conduct of business of the committee. | 24168 |
The concurrence of at least a majority of the members of the | 24169 |
committee is necessary for any action to be taken by the | 24170 |
committee. On request, each member of the committee shall be | 24171 |
reimbursed for the actual and necessary expenses incurred in the | 24172 |
discharge of the member's duties. | 24173 |
(E) The committee is a part of the department of taxation for | 24174 |
administrative purposes. | 24175 |
(F) Each year, the governor shall select a member of the | 24176 |
committee to serve as chairperson. The chairperson shall appoint | 24177 |
an official or employee of the department of taxation to act as | 24178 |
the committee's secretary. The secretary shall keep minutes of the | 24179 |
committee's meetings and a journal of all meetings, proceedings, | 24180 |
findings, and determinations of the committee. | 24181 |
(G) The committee shall hire professional, technical, and | 24182 |
clerical staff needed to support its activities. | 24183 |
(H) The committee shall meet as often as necessary to perform | 24184 |
its duties. | 24185 |
Sec. 5705.03. (A) The taxing authority of each subdivision | 24186 |
may levy taxes annually, subject to the limitations of sections | 24187 |
5705.01 to 5705.47 of the Revised Code, on the real and personal | 24188 |
property within the subdivision for the purpose of paying the | 24189 |
current operating expenses of the subdivision and acquiring or | 24190 |
constructing permanent improvements. The taxing authority of each | 24191 |
subdivision and taxing unit shall, subject to the limitations of | 24192 |
such sections, levy such taxes annually as are necessary to pay | 24193 |
the interest and sinking fund on and retire at maturity the bonds, | 24194 |
notes, and certificates of indebtedness of such subdivision and | 24195 |
taxing unit, including levies in anticipation of which the | 24196 |
subdivision or taxing unit has incurred indebtedness. | 24197 |
(B)(1) When a taxing authority determines that it is | 24198 |
necessary to levy a tax outside the ten-mill limitation for any | 24199 |
purpose authorized by the Revised Code, the taxing authority shall | 24200 |
certify to the county auditor a resolution or ordinance requesting | 24201 |
that the county auditor certify to the taxing authority the total | 24202 |
current tax valuation of the subdivision, and the number of mills | 24203 |
required to generate a specified amount of revenue, or the dollar | 24204 |
amount of revenue that would be generated by a specified number of | 24205 |
mills. The resolution or ordinance shall state the purpose of the | 24206 |
tax, whether the tax is an additional levy or a renewal or a | 24207 |
replacement of an existing tax, and the section of the Revised | 24208 |
Code authorizing submission of the question of the tax. If a | 24209 |
subdivision is located in more than one county, the county auditor | 24210 |
shall obtain from the county auditor of each other county in which | 24211 |
the subdivision is located the current tax valuation for the | 24212 |
portion of the subdivision in that county. The county auditor | 24213 |
shall issue the certification to the taxing authority within ten | 24214 |
days after receiving the taxing authority's resolution or | 24215 |
ordinance requesting it. | 24216 |
(2) When considering the tangible personal property component | 24217 |
of the tax valuation of the subdivision, the county auditor shall | 24218 |
take into account the assessment percentages prescribed in section | 24219 |
5711.22 of the Revised Code. The tax commissioner may issue rules, | 24220 |
orders, or instructions directing how the assessment percentages | 24221 |
must be utilized. | 24222 |
(3) If, upon receiving the certification from the county | 24223 |
auditor, the taxing authority proceeds with the submission of the | 24224 |
question of the tax to electors, the taxing authority shall | 24225 |
certify its resolution or ordinance, accompanied by a copy of the | 24226 |
county auditor's certification, to the proper county board of | 24227 |
elections in the manner and within the time prescribed by the | 24228 |
section of the Revised Code governing submission of the question, | 24229 |
and shall include with its certification the rate of the tax levy, | 24230 |
expressed in mills for each one dollar in tax valuation as | 24231 |
estimated by the county auditor. The county board of elections | 24232 |
shall not submit the question of the tax to electors unless a copy | 24233 |
of the county auditor's certification accompanies the resolution | 24234 |
or ordinance the taxing authority certifies to the board. Before | 24235 |
requesting a taxing authority to submit a tax levy, any agency or | 24236 |
authority authorized to make that request shall first request the | 24237 |
certification from the county auditor provided under this section. | 24238 |
(4) This division is supplemental to, and not in derogation | 24239 |
of, any similar requirement governing the certification by the | 24240 |
county auditor of the tax valuation of a subdivision or necessary | 24241 |
tax rates for the purposes of the submission of the question of a | 24242 |
tax in excess of the ten-mill limitation, including sections | 24243 |
133.18 and 5705.195 of the Revised Code. | 24244 |
(C) All taxes levied on property shall be extended on the tax | 24245 |
duplicate by the county auditor of the county in which the | 24246 |
property is located, and shall be collected by the county | 24247 |
treasurer of such county in the same manner and under the same | 24248 |
laws and rules as are prescribed for the assessment and collection | 24249 |
of county taxes. The proceeds of any tax levied by or for any | 24250 |
subdivision when received by its fiscal officer shall be deposited | 24251 |
in its treasury to the credit of the appropriate fund. | 24252 |
Sec. 5705.091. The board of county commissioners of each | 24253 |
county shall establish a county mental retardation and | 24254 |
developmental disabilities general fund. Notwithstanding
| 24255 |
24256 | |
levies under section 5705.222 and division (L) of section 5705.19 | 24257 |
of the Revised Code shall be deposited to the credit of the county | 24258 |
mental retardation and developmental disabilities general fund. | 24259 |
Accounts shall be established within the county mental retardation | 24260 |
and developmental disabilities general fund for each of the | 24261 |
several particular purposes of the levies as specified in the | 24262 |
resolutions under which the levies were approved, and proceeds | 24263 |
from different levies that were approved for the same particular | 24264 |
purpose shall be credited to accounts for that purpose. Other | 24265 |
money received by the county for the purposes of Chapters 3323. | 24266 |
and 5126. of the Revised Code and not required by state or federal | 24267 |
law to be deposited to the credit of a different fund shall also | 24268 |
be deposited to the credit of the county mental retardation and | 24269 |
developmental disabilities general fund, in an account appropriate | 24270 |
to the particular purpose for which the money was received. Unless | 24271 |
otherwise provided by law, an unexpended balance at the end of a | 24272 |
fiscal year in any account in the county mental retardation and | 24273 |
developmental disabilities general fund shall be appropriated the | 24274 |
next fiscal year to the same fund. | 24275 |
A county board of mental retardation and developmental | 24276 |
disabilities may request, by resolution, that the board of county | 24277 |
commissioners establish a county mental retardation and | 24278 |
developmental disabilities capital fund for money to be used for | 24279 |
acquisition, construction, or improvement of capital facilities or | 24280 |
acquisition of capital equipment used in providing services to | 24281 |
mentally retarded and developmentally disabled persons. The county | 24282 |
board of mental retardation and developmental disabilities shall | 24283 |
transmit a certified copy of the resolution to the board of county | 24284 |
commissioners. Upon receiving the resolution, the board of county | 24285 |
commissioners shall establish a county mental retardation and | 24286 |
developmental disabilities capital fund. | 24287 |
| 24288 |
24289 | |
24290 | |
24291 | |
24292 | |
24293 | |
24294 | |
24295 | |
24296 | |
24297 | |
24298 | |
24299 | |
24300 | |
24301 | |
24302 |
Sec. 5705.19. This section does not apply to school | 24303 |
districts or county school financing districts. | 24304 |
The taxing authority of any subdivision at any time and in | 24305 |
any year, by vote of two-thirds of all the members of the taxing | 24306 |
authority, may declare by resolution and certify the resolution to | 24307 |
the board of elections not less than seventy-five days before the | 24308 |
election upon which it will be voted that the amount of taxes that | 24309 |
may be raised within the ten-mill limitation will be insufficient | 24310 |
to provide for the necessary requirements of the subdivision and | 24311 |
that it is necessary to levy a tax in excess of that limitation | 24312 |
for any of the following purposes: | 24313 |
(A) For current expenses of the subdivision, except that the | 24314 |
total levy for current expenses of a detention facility district | 24315 |
or district organized under section 2151.65 of the Revised Code | 24316 |
shall not exceed two mills and that the total levy for current | 24317 |
expenses of a combined district organized under sections 2151.65 | 24318 |
and 2152.41 of the Revised Code shall not exceed four mills; | 24319 |
(B) For the payment of debt charges on certain described | 24320 |
bonds, notes, or certificates of indebtedness of the subdivision | 24321 |
issued subsequent to January 1, 1925; | 24322 |
(C) For the debt charges on all bonds, notes, and | 24323 |
certificates of indebtedness issued and authorized to be issued | 24324 |
prior to January 1, 1925; | 24325 |
(D) For a public library of, or supported by, the subdivision | 24326 |
under whatever law organized or authorized to be supported; | 24327 |
(E) For a municipal university, not to exceed two mills over | 24328 |
the limitation of one mill prescribed in section 3349.13 of the | 24329 |
Revised Code; | 24330 |
(F) For the construction or acquisition of any specific | 24331 |
permanent improvement or class of improvements that the taxing | 24332 |
authority of the subdivision may include in a single bond issue; | 24333 |
(G) For the general construction, reconstruction, | 24334 |
resurfacing, and repair of streets, roads, and bridges in | 24335 |
municipal corporations, counties, or townships; | 24336 |
(H) For parks and recreational purposes; | 24337 |
(I) For the purpose of providing and maintaining fire | 24338 |
apparatus, appliances, buildings, or sites therefor, or sources of | 24339 |
water supply and materials therefor, or the establishment and | 24340 |
maintenance of lines of fire alarm telegraph, or the payment of | 24341 |
permanent, part-time, or volunteer firefighters or firefighting | 24342 |
companies to operate the same, including the payment of the | 24343 |
firefighter employers' contribution required under section 742.34 | 24344 |
of the Revised Code, or the purchase of ambulance equipment, or | 24345 |
the provision of ambulance, paramedic, or other emergency medical | 24346 |
services operated by a fire department or firefighting company; | 24347 |
(J) For the purpose of providing and maintaining motor | 24348 |
vehicles, communications, other equipment, buildings, and sites | 24349 |
for such buildings used directly in the operation of a police | 24350 |
department, or the payment of salaries of permanent police | 24351 |
personnel, including the payment of the police officer employers' | 24352 |
contribution required under section 742.33 of the Revised Code, or | 24353 |
the payment of the costs incurred by townships as a result of | 24354 |
contracts made with other political subdivisions in order to | 24355 |
obtain police protection, or the provision of ambulance or | 24356 |
emergency medical services operated by a police department; | 24357 |
(K) For the maintenance and operation of a county home or | 24358 |
detention facility; | 24359 |
(L) For community mental retardation and developmental | 24360 |
disabilities programs and services pursuant to Chapter 5126. of | 24361 |
the Revised Code, except that the procedure for such levies shall | 24362 |
be as provided in section 5705.222 of the Revised Code; | 24363 |
(M) For regional planning; | 24364 |
(N) For a county's share of the cost of maintaining and | 24365 |
operating schools, district detention facilities, forestry camps, | 24366 |
or other facilities, or any combination thereof, established under | 24367 |
section 2151.65 or 2152.41 of the Revised Code or both of those | 24368 |
sections; | 24369 |
(O) For providing for flood defense, providing and | 24370 |
maintaining a flood wall or pumps, and other purposes to prevent | 24371 |
floods; | 24372 |
(P) For maintaining and operating sewage disposal plants and | 24373 |
facilities; | 24374 |
(Q) For the purpose of purchasing, acquiring, constructing, | 24375 |
enlarging, improving, equipping, repairing, maintaining, or | 24376 |
operating, or any combination of the foregoing, a county transit | 24377 |
system pursuant to sections 306.01 to 306.13 of the Revised Code, | 24378 |
or of making any payment to a board of county commissioners | 24379 |
operating a transit system or a county transit board pursuant to | 24380 |
section 306.06 of the Revised Code; | 24381 |
(R) For the subdivision's share of the cost of acquiring or | 24382 |
constructing any schools, forestry camps, detention facilities, | 24383 |
or other facilities, or any combination thereof, under section | 24384 |
2151.65 or 2152.41 of the Revised Code or both of those sections; | 24385 |
(S) For the prevention, control, and abatement of air | 24386 |
pollution; | 24387 |
(T) For maintaining and operating cemeteries; | 24388 |
(U) For providing ambulance service, emergency medical | 24389 |
service, or both; | 24390 |
(V) For providing for the collection and disposal of garbage | 24391 |
or refuse, including yard waste; | 24392 |
(W) For the payment of the police officer employers' | 24393 |
contribution or the firefighter employers' contribution required | 24394 |
under sections 742.33 and 742.34 of the Revised Code; | 24395 |
(X) For the construction and maintenance of a drainage | 24396 |
improvement pursuant to section 6131.52 of the Revised Code; | 24397 |
(Y) For providing or maintaining senior citizens services or | 24398 |
facilities as authorized by section 307.694, 307.85, 505.70, or | 24399 |
505.706 or division (EE) of section 717.01 of the Revised Code; | 24400 |
(Z) For the provision and maintenance of zoological park | 24401 |
services and facilities as authorized under section 307.76 of the | 24402 |
Revised Code; | 24403 |
(AA) For the maintenance and operation of a free public | 24404 |
museum of art, science, or history; | 24405 |
(BB) For the establishment and operation of a 9-1-1 system, | 24406 |
as defined in section 4931.40 of the Revised Code; | 24407 |
(CC) For the purpose of acquiring, rehabilitating, or | 24408 |
developing rail property or rail service. As used in this | 24409 |
division, "rail property" and "rail service" have the same | 24410 |
meanings as in section 4981.01 of the Revised Code. This division | 24411 |
applies only to a county, township, or municipal corporation. | 24412 |
(DD) For the purpose of acquiring property for, constructing, | 24413 |
operating, and maintaining community centers as provided for in | 24414 |
section 755.16 of the Revised Code; | 24415 |
(EE) For the creation and operation of an office or joint | 24416 |
office of economic development, for any economic development | 24417 |
purpose of the office, and to otherwise provide for the | 24418 |
establishment and operation of a program of economic development | 24419 |
pursuant to sections 307.07 and 307.64 of the Revised Code; | 24420 |
(FF) For the purpose of acquiring, establishing, | 24421 |
constructing, improving, equipping, maintaining, or operating, or | 24422 |
any combination of the foregoing, a township airport, landing | 24423 |
field, or other air navigation facility pursuant to section 505.15 | 24424 |
of the Revised Code; | 24425 |
(GG) For the payment of costs incurred by a township as a | 24426 |
result of a contract made with a county pursuant to section | 24427 |
505.263 of the Revised Code in order to pay all or any part of the | 24428 |
cost of constructing, maintaining, repairing, or operating a water | 24429 |
supply improvement; | 24430 |
(HH) For a board of township trustees to acquire, other than | 24431 |
by appropriation, an ownership interest in land, water, or | 24432 |
wetlands, or to restore or maintain land, water, or wetlands in | 24433 |
which the board has an ownership interest, not for purposes of | 24434 |
recreation, but for the purposes of protecting and preserving the | 24435 |
natural, scenic, open, or wooded condition of the land, water, or | 24436 |
wetlands against modification or encroachment resulting from | 24437 |
occupation, development, or other use, which may be styled as | 24438 |
protecting or preserving "greenspace" in the resolution, notice of | 24439 |
election, or ballot form; | 24440 |
(II) For the support by a county of a crime victim assistance | 24441 |
program that is provided and maintained by a county agency or a | 24442 |
private, nonprofit corporation or association under section 307.62 | 24443 |
of the Revised Code; | 24444 |
(JJ) For any or all of the purposes set forth in divisions | 24445 |
(I) and (J) of this section. This division applies only to a | 24446 |
township. | 24447 |
(KK) For a countywide public safety communications system | 24448 |
under section 307.63 of the Revised Code. This division applies | 24449 |
only to counties. | 24450 |
(LL) For the support by a county of criminal justice services | 24451 |
under section 307.45 of the Revised Code; | 24452 |
(MM) For the purpose of maintaining and operating a jail or | 24453 |
other detention facility as defined in section 2921.01 of the | 24454 |
Revised Code; | 24455 |
(NN) For purchasing, maintaining, or improving, or any | 24456 |
combination of the foregoing, real estate on which to hold | 24457 |
agricultural fairs. This division applies only to a county. | 24458 |
(OO) For constructing, rehabilitating, repairing, or | 24459 |
maintaining sidewalks, walkways, trails, bicycle pathways, or | 24460 |
similar improvements, or acquiring ownership interests in land | 24461 |
necessary for the foregoing improvements; | 24462 |
(PP) For both of the purposes set forth in divisions (G) and | 24463 |
(OO) of this section. | 24464 |
(QQ) For both of the purposes set forth in divisions (H) and | 24465 |
(HH) of this section. This division applies only to a township. | 24466 |
(RR) For the legislative authority of a municipal | 24467 |
corporation, board of county commissioners of a county, or board | 24468 |
of township trustees of a township to acquire agricultural | 24469 |
easements, as defined in section 5301.67 of the Revised Code, and | 24470 |
to supervise and enforce the easements. | 24471 |
(SS) For both of the purposes set forth in divisions (BB) and | 24472 |
(KK) of this section. This division applies only to a county. | 24473 |
(TT) For the maintenance and operation of a facility that is | 24474 |
organized in whole or in part to promote the sciences and natural | 24475 |
history under section 307.761 of the Revised Code. | 24476 |
The resolution shall be confined to the purpose or purposes | 24477 |
described in one division of this section, to which the revenue | 24478 |
derived therefrom shall be applied. The existence in any other | 24479 |
division of this section of authority to levy a tax for any part | 24480 |
or all of the same purpose or purposes does not preclude the use | 24481 |
of such revenues for any part of the purpose or purposes of the | 24482 |
division under which the resolution is adopted. | 24483 |
The resolution shall specify the amount of the increase in | 24484 |
rate that it is necessary to levy, the purpose of that increase in | 24485 |
rate, and the number of years during which the increase in rate | 24486 |
shall be in effect, which may or may not include a levy upon the | 24487 |
duplicate of the current year. The number of years may be any | 24488 |
number not exceeding five, except as follows: | 24489 |
(1) When the additional rate is for the payment of debt | 24490 |
charges, the increased rate shall be for the life of the | 24491 |
indebtedness. | 24492 |
(2) When the additional rate is for any of the following, the | 24493 |
increased rate shall be for a continuing period of time: | 24494 |
(a) For the current expenses for a detention facility | 24495 |
district, a district organized under section 2151.65 of the | 24496 |
Revised Code, or a combined district organized under sections | 24497 |
2151.65 and 2152.41 of the Revised Code; | 24498 |
(b) For providing a county's share of the cost of maintaining | 24499 |
and operating schools, district detention facilities, forestry | 24500 |
camps, or other facilities, or any combination thereof, | 24501 |
established under section 2151.65 or 2152.41 of the Revised Code | 24502 |
or under both of those sections. | 24503 |
(3) When the additional rate is for either of the following, | 24504 |
the increased rate may be for a continuing period of time: | 24505 |
(a) For the purposes set forth in division (I), (J), (U), or | 24506 |
(KK) of this section; | 24507 |
(b) For the maintenance and operation of a joint recreation | 24508 |
district. | 24509 |
(4) When the increase is for the purpose or purposes set | 24510 |
forth in division (D), (G), (H), (CC), or (PP) of this section, | 24511 |
the tax levy may be for any specified number of years or for a | 24512 |
continuing period of time, as set forth in the resolution. | 24513 |
(5) When the additional rate is for the purpose described in | 24514 |
division (Z) of this section, the increased rate shall be for any | 24515 |
number of years not exceeding ten. | 24516 |
A levy for one of the purposes set forth in division (G), | 24517 |
(I), (J), or (U) of this section may be reduced pursuant to | 24518 |
section 5705.261 or 5705.31 of the Revised Code. A levy for one of | 24519 |
the purposes set forth in division (G), (I), (J), or (U) of this | 24520 |
section may also be terminated or permanently reduced by the | 24521 |
taxing authority if it adopts a resolution stating that the | 24522 |
continuance of the levy is unnecessary and the levy shall be | 24523 |
terminated or that the millage is excessive and the levy shall be | 24524 |
decreased by a designated amount. | 24525 |
A resolution of a detention facility district, a district | 24526 |
organized under section 2151.65 of the Revised Code, or a combined | 24527 |
district organized under both sections 2151.65 and 2152.41 of the | 24528 |
Revised Code may include both current expenses and other purposes, | 24529 |
provided that the resolution shall apportion the annual rate of | 24530 |
levy between the current expenses and the other purpose or | 24531 |
purposes. The apportionment need not be the same for each year of | 24532 |
the levy, but the respective portions of the rate actually levied | 24533 |
each year for the current expenses and the other purpose or | 24534 |
purposes shall be limited by the apportionment. | 24535 |
Whenever a board of county commissioners, acting either as | 24536 |
the taxing authority of its county or as the taxing authority of a | 24537 |
sewer district or subdistrict created under Chapter 6117. of the | 24538 |
Revised Code, by resolution declares it necessary to levy a tax in | 24539 |
excess of the ten-mill limitation for the purpose of constructing, | 24540 |
improving, or extending sewage disposal plants or sewage systems, | 24541 |
the tax may be in effect for any number of years not exceeding | 24542 |
twenty, and the proceeds of the tax, notwithstanding the general | 24543 |
provisions of this section, may be used to pay debt charges on any | 24544 |
obligations issued and outstanding on behalf of the subdivision | 24545 |
for the purposes enumerated in this paragraph, provided that any | 24546 |
such obligations have been specifically described in the | 24547 |
resolution. | 24548 |
The resolution shall go into immediate effect upon its | 24549 |
passage, and no publication of the resolution is necessary other | 24550 |
than that provided for in the notice of election. | 24551 |
When the electors of a subdivision have approved a tax levy | 24552 |
under this section, the taxing authority of the subdivision may | 24553 |
anticipate a fraction of the proceeds of the levy and issue | 24554 |
anticipation notes in accordance with section 5705.191 or 5705.193 | 24555 |
of the Revised Code. | 24556 |
Sec. 5705.195. Within five days after the resolution is | 24557 |
certified to the county auditor as provided by section 5705.194 of | 24558 |
the Revised Code, the auditor shall calculate and certify to the | 24559 |
taxing authority the annual levy, expressed in dollars and cents | 24560 |
for each one hundred dollars of valuation as well as in mills for | 24561 |
each one dollar of valuation, throughout the life of the levy | 24562 |
which will be required to produce the annual amount set forth in | 24563 |
the resolution assuming that the amount of the tax list of such | 24564 |
subdivision remains throughout the life of the levy the same as | 24565 |
the amount of the tax list for the current year, and if this is | 24566 |
not determined, the estimated amount submitted by the auditor to | 24567 |
the county budget commission. | 24568 |
tangible personal property component of the tax valuation of the | 24569 |
subdivision, the county auditor shall take into account the | 24570 |
assessment percentages prescribed in section 5711.22 of the | 24571 |
Revised Code. The tax commissioner may issue rules, orders, or | 24572 |
instructions directing how the assessment percentages must be | 24573 |
utilized. | 24574 |
Upon receiving the certification from the county auditor, if | 24575 |
the taxing authority desires to proceed with the submission of the | 24576 |
question it shall, not less than seventy-five days before the day | 24577 |
of such election, certify its resolution, together with the amount | 24578 |
of the average tax levy, expressed in dollars and cents for each | 24579 |
one hundred dollars of valuation as well as in mills for each one | 24580 |
dollar of valuation, estimated by the auditor, and the number of | 24581 |
years the levy is to run to the board of elections of the county | 24582 |
which shall prepare the ballots and make other necessary | 24583 |
arrangements for the submission of the question to the voters of | 24584 |
the subdivision. | 24585 |
Sec. 5705.211. (A) As used in this section: | 24586 |
(1) "Adjusted charge-off increase" for a tax year means two | 24587 |
and three-tenths per cent of the cumulative carryover property | 24588 |
value increase. | 24589 |
(2) "Cumulative carryover property value increase" means the | 24590 |
sum of the increases in carryover value certified under division | 24591 |
(B)(2) of section 3317.015 of the Revised Code and included in a | 24592 |
school district's total taxable value in the computation of | 24593 |
recognized valuation under division (B) of that section for all | 24594 |
fiscal years from the fiscal year that ends in the first tax year | 24595 |
a levy under this section is extended on the tax list of real and | 24596 |
public utility property until and including the fiscal year that | 24597 |
ends in the current tax year. | 24598 |
(3) "Taxes charged and payable" means the taxes charged and | 24599 |
payable from a tax levy extended on the real and public utility | 24600 |
property tax list and the general list of personal property before | 24601 |
any reduction under section 319.302, 323.152, or 323.158 of the | 24602 |
Revised Code. | 24603 |
(B) The board of education of a city, local, or exempted | 24604 |
village school district may adopt a resolution proposing the levy | 24605 |
of a tax in excess of the ten-mill limitation for the purpose of | 24606 |
paying the current operating expenses of the district. If the | 24607 |
resolution is approved as provided in division (D) of this | 24608 |
section, the tax may be levied at such a rate each tax year that | 24609 |
the total taxes charged and payable from the levy equals the | 24610 |
adjusted charge-off increase for the tax year or equals a lesser | 24611 |
amount as prescribed under division (C) of this section. The tax | 24612 |
may be levied for a continuing period of time or for a specific | 24613 |
number of years, but not fewer than five years, as provided in the | 24614 |
resolution. The tax may not be placed on the tax list for a tax | 24615 |
year beginning before the first day of January following adoption | 24616 |
of the resolution. A board of education may not adopt a resolution | 24617 |
under this section proposing to levy a tax under this section | 24618 |
concurrently with any other tax levied by the board under this | 24619 |
section. | 24620 |
(C) After the first year a tax is levied under this section, | 24621 |
the rate of the tax in any year shall not exceed the rate, | 24622 |
estimated by the county auditor, that would cause the sums levied | 24623 |
from the tax against carryover property to exceed one hundred four | 24624 |
per cent of the sums levied from the tax against carryover | 24625 |
property in the preceding year. A board of education imposing a | 24626 |
tax under this section may specify in the resolution imposing the | 24627 |
tax that the percentage shall be less than one hundred four per | 24628 |
cent, but the percentage shall not be less than one hundred per | 24629 |
cent. At any time after a resolution adopted under this section is | 24630 |
approved by a majority of electors as provided in division (D) of | 24631 |
this section, the board of education, by resolution, may decrease | 24632 |
the percentage specified in the resolution levying the tax. | 24633 |
(D) A resolution adopted under this section shall state that | 24634 |
the purpose of the tax is to pay current operating expenses of the | 24635 |
district, and shall specify the first year in which the tax is to | 24636 |
be levied, the number of years the tax will be levied or that it | 24637 |
will be levied for a continuing period of time, and the election | 24638 |
at which the question of the tax is to appear on the ballot, which | 24639 |
shall be a general or special election consistent with the | 24640 |
requirements of section 3501.01 of the Revised Code. If the board | 24641 |
of education specifies a percentage less than one hundred four per | 24642 |
cent pursuant to division (C) of this section, the percentage | 24643 |
shall be specified in the resolution. | 24644 |
Upon adoption of the resolution, the board of education may | 24645 |
certify a copy of the resolution to the proper county board of | 24646 |
elections. The copy of the resolution shall be certified to the | 24647 |
board of elections not later than seventy-five days before the day | 24648 |
of the election at which the question of the tax is to appear on | 24649 |
the ballot. Upon receiving a timely certified copy of such a | 24650 |
resolution, the board of elections shall make the necessary | 24651 |
arrangements for the submission of the question to the electors of | 24652 |
the school district, and the election shall be conducted, | 24653 |
canvassed, and certified in the same manner as regular elections | 24654 |
in the school district for the election of members of the board of | 24655 |
education. Notice of the election shall be published in one or | 24656 |
more newspapers of general circulation in the school district once | 24657 |
per week for four consecutive weeks. The notice shall state that | 24658 |
the purpose of the tax is for the current operating expenses of | 24659 |
the school district, the first year the tax is to be levied, the | 24660 |
number of years the tax is to be levied or that it is to be levied | 24661 |
for a continuing period of time, that the tax is to be levied each | 24662 |
year in an amount estimated to offset decreases in state base cost | 24663 |
funding caused by appreciation in real estate values, and that the | 24664 |
estimated additional tax in any year shall not exceed the previous | 24665 |
year's by more than four per cent, or a lesser percentage | 24666 |
specified in the resolution levying the tax, except for increases | 24667 |
caused by the addition of new taxable property. | 24668 |
The question shall be submitted as a separate proposition but | 24669 |
may be printed on the same ballot with any other proposition | 24670 |
submitted at the same election other than the election of | 24671 |
officers. | 24672 |
The form of the ballot shall be substantially as follows: | 24673 |
"An additional tax for the benefit of (name of school | 24674 |
district) for the purpose of paying the current operating expenses | 24675 |
of the district, for .......... (number of years or for continuing | 24676 |
period of time), at a rate sufficient to offset any reduction in | 24677 |
basic state funding caused by appreciation in real estate values? | 24678 |
24679 |
For the tax levy | 24680 | ||||
Against the tax levy | " | 24681 |
24682 |
If a majority of the electors of the school district voting | 24683 |
on the question vote in favor of the question, the board of | 24684 |
elections shall certify the results of the election to the board | 24685 |
of education and to the tax commissioner immediately after the | 24686 |
canvass. | 24687 |
(E) When preparing any estimate of the contemplated receipts | 24688 |
from a tax levied pursuant to this section for the purposes of | 24689 |
sections 5705.28 to 5705.40 of the Revised Code, and in preparing | 24690 |
to certify the tax under section 5705.34 of the Revised Code, a | 24691 |
board of education authorized to levy such a tax shall use | 24692 |
information supplied by the department of education to determine | 24693 |
the adjusted charge-off increase for the tax year for which that | 24694 |
certification is made. If the board levied a tax under this | 24695 |
section in the preceding tax year, the sum to be certified for | 24696 |
collection from the tax shall not exceed the sum that would exceed | 24697 |
the limitation imposed under division (C) of this section. At the | 24698 |
request of the board of education or the treasurer of the school | 24699 |
district, the county auditor shall assist the board of education | 24700 |
in determining the rate or sum that may be levied under this | 24701 |
section. | 24702 |
The board of education shall certify the sum authorized to be | 24703 |
levied to the county auditor, and, for the purpose of the county | 24704 |
auditor determining the rate at which the tax is to be levied in | 24705 |
the tax year, the sum so certified shall be the sum to be raised | 24706 |
by the tax unless the sum exceeds the limitation imposed by | 24707 |
division (C) of this section. A tax levied pursuant to this | 24708 |
section shall not be levied at a rate in excess of the rate | 24709 |
estimated by the county auditor to produce the sum certified by | 24710 |
the board of education before the reductions under sections | 24711 |
319.302, 323.152, and 323.158 of the Revised Code. Notwithstanding | 24712 |
section 5705.34 of the Revised Code, a board of education | 24713 |
authorized to levy a tax under this section shall certify the tax | 24714 |
to the county auditor before the first day of October of the tax | 24715 |
year in which the tax is to be levied, or at a later date as | 24716 |
approved by the tax commissioner. | 24717 |
Sec. 5705.34. When the budget commission has completed its | 24718 |
work with respect to a tax budget or other information required to | 24719 |
be provided under section 5705.281 of the Revised Code, it shall | 24720 |
certify its action to the taxing authority, together with an | 24721 |
estimate by the county auditor of the rate of each tax necessary | 24722 |
to be levied by the taxing authority within its subdivision or | 24723 |
taxing unit, and what part thereof is in excess of, and what part | 24724 |
within, the ten-mill tax limitation. The certification shall also | 24725 |
indicate the date on which each tax levied by the taxing authority | 24726 |
will expire. | 24727 |
If a taxing authority levies a tax for a fixed sum of money | 24728 |
or to pay debt charges for the tax year for which the tax budget | 24729 |
is prepared, and a payment on account of that tax is payable to | 24730 |
the taxing authority for the tax year
under section 5727.85 | 24731 |
5727.86, 5751.21, or 5751.22 of the Revised Code, the county | 24732 |
auditor, when estimating the rate at which the tax shall be levied | 24733 |
in the current year, shall estimate the rate necessary to raise | 24734 |
the required sum less the estimated amount of any payments made | 24735 |
for the tax year to a taxing unit for fixed-sum levies under those | 24736 |
sections
| 24737 |
rate shall be the rate of the levy that the budget commission | 24738 |
certifies with its action under this section. | 24739 |
Each taxing authority, by ordinance or resolution, shall | 24740 |
authorize the necessary tax levies and certify them to the county | 24741 |
auditor before the first day of October in each year, or at such | 24742 |
later date as is approved by the tax commissioner, except that the | 24743 |
certification by a board of education shall be made by the first | 24744 |
day of April or at such later date as is approved by the | 24745 |
commissioner, and except that a township board of park | 24746 |
commissioners that is appointed by the board of township trustees | 24747 |
and oversees a township park district that contains only | 24748 |
unincorporated territory shall authorize only those taxes approved | 24749 |
by, and only at the rate approved by, the board of township | 24750 |
trustees as required by division (C) of section 511.27 of the | 24751 |
Revised Code. If the levying of a tax to be placed on the | 24752 |
duplicate of the current year is approved by the electors of the | 24753 |
subdivision under sections 5705.01 to 5705.47 of the Revised Code; | 24754 |
if the rate of a school district tax is increased due to the | 24755 |
repeal of a school district income tax and property tax rate | 24756 |
reduction at an election held pursuant to section 5748.04 of the | 24757 |
Revised Code; or if refunding bonds to refund all or a part of the | 24758 |
principal of bonds payable from a tax levy for the ensuing fiscal | 24759 |
year are issued or sold and in the process of delivery, the budget | 24760 |
commission shall reconsider and revise its action on the budget of | 24761 |
the subdivision or school library district for whose benefit the | 24762 |
tax is to be levied after the returns of such election are fully | 24763 |
canvassed, or after the issuance or sale of such refunding bonds | 24764 |
is certified to it. | 24765 |
Sec. 5709.08. (A)(1) Real or personal property belonging to | 24766 |
the state or United States used exclusively for a public purpose, | 24767 |
and public property used exclusively for a public purpose, shall | 24768 |
be exempt from taxation. | 24769 |
(2) For purposes of division (A)(1) of this section, real and | 24770 |
personal property owned by the state, even when the property is | 24771 |
leased or otherwise operated by a private party, and used as | 24772 |
public service facilities described in section 1501.07 of the | 24773 |
Revised Code, as concessions or other special projects described | 24774 |
in division (F) of section 1531.06 of the Revised Code, as refuge | 24775 |
harbors or marine recreational facilities described in section | 24776 |
1547.72 of the Revised Code, or areas described in section 1503.03 | 24777 |
of the Revised Code, is hereby declared to be public property | 24778 |
"used exclusively for a public purpose." | 24779 |
(B) Real and personal property, when devoted to public use | 24780 |
and not held for pecuniary profit, owned by an adjoining state or | 24781 |
any political subdivision or agency of such adjoining state, which | 24782 |
would be exempt from taxation if owned by the state of Ohio or a | 24783 |
political subdivision or agency thereof, shall be exempt from | 24784 |
taxation providing that such adjoining state exempts from taxation | 24785 |
real and personal property devoted to public use and not held for | 24786 |
pecuniary profit, owned by the state of Ohio or any political | 24787 |
subdivision or agency thereof, which would be exempt from taxation | 24788 |
if owned by the adjoining state or political subdivision or agency | 24789 |
thereof. | 24790 |
Sec. 5709.081. (A) Real and tangible personal property owned | 24791 |
by a political subdivision that is a public recreational facility | 24792 |
for athletic events shall be exempt from taxation if all of the | 24793 |
following apply: | 24794 |
(1) The property is controlled and managed by a political | 24795 |
subdivision or a county-related corporation or by a similar | 24796 |
corporation under the direct control of a political subdivision | 24797 |
and whose members and trustees are chosen or appointed by the | 24798 |
subdivision; | 24799 |
(2) All revenues and receipts derived by the subdivision or | 24800 |
corporation that controls and manages the property, after | 24801 |
deducting amounts needed to pay necessary expenses for the | 24802 |
operation and management of the property, accrue to the political | 24803 |
subdivision owning the property; | 24804 |
(3) The property is not occupied and used for more than seven | 24805 |
days in any calendar month by any private entity for profit or for | 24806 |
more than a total of fifteen days in any calendar month by all | 24807 |
such private entities for profit; | 24808 |
(4) The property is under the direction and control of the | 24809 |
political subdivision or managing corporation whenever it is being | 24810 |
used by a private entity for profit; | 24811 |
(5) The primary user or users of the property, if such a | 24812 |
primary user exists, are controlled and managed by the political | 24813 |
subdivision or corporation that controls and manages the property. | 24814 |
(B) Tangible personal property, and all buildings, | 24815 |
structures, fixtures, and improvements | 24816 |
24817 | |
property, acquired after March 2, 1992, and are part of or used in | 24818 |
a public recreational facility used by a major league professional | 24819 |
athletic team or a class A to class AAA minor league affiliate of | 24820 |
a major league baseball team for a significant portion of its home | 24821 |
schedule, and land acquired by a political subdivision in 1999 for | 24822 |
such purposes or originally leased from a political subdivision, | 24823 |
such political subdivision qualifying as such pursuant to division | 24824 |
(G) of this section, in 1998 for such purposes, are declared to be | 24825 |
public property used for a public purpose and are exempt from | 24826 |
taxation, if all of the following apply: | 24827 |
(1) Such property, or the land upon which such property is | 24828 |
located if such land was originally leased in 1998 from a | 24829 |
political subdivision that qualifies as such pursuant to division | 24830 |
(G) of this section, is owned by one or more political | 24831 |
subdivisions or by a corporation controlled by such subdivisions; | 24832 |
(2) Such property was or is any of the following: | 24833 |
(a) Constructed or, in the case of personal property, | 24834 |
acquired pursuant to an agreement with a municipal corporation to | 24835 |
implement a development, redevelopment, or renewal plan for an | 24836 |
area declared by the municipal corporation to be a slum or | 24837 |
blighted area, as those terms are defined in section 725.01 of the | 24838 |
Revised Code; | 24839 |
(b) Financed in whole or in part with public obligations as | 24840 |
defined in section 5709.76 of the Revised Code or otherwise paid | 24841 |
for in whole or in part by one or more political subdivisions; | 24842 |
(c) An improvement or addition to property defined in | 24843 |
division (B)(2)(a) or (b) of this section. | 24844 |
(3) Such property is controlled and managed by either of the | 24845 |
following: | 24846 |
(a) One or more of the political subdivisions or the | 24847 |
corporation that owns it; | 24848 |
(b) A designee, tenant, or agent of such political | 24849 |
subdivision or subdivisions or corporation pursuant to a | 24850 |
management, lease, or similar written agreement. | 24851 |
(4) The primary user or users of such property, if a primary | 24852 |
user or primary users exist, either: | 24853 |
(a) Are controlled and managed by one or more of the | 24854 |
political subdivisions or the corporation that owns the property; | 24855 |
or | 24856 |
(b) Operate under leases, licenses, management agreements, or | 24857 |
similar arrangements with, and providing for the payment of rents, | 24858 |
revenues, or other remuneration to, one or more of the political | 24859 |
subdivisions or the corporation that owns the property. | 24860 |
(5) Any residual cash accrues to the political subdivision or | 24861 |
subdivisions that own the property or that control the corporation | 24862 |
that owns the property, and is used for the public purposes of the | 24863 |
subdivision or subdivisions. As used in division (B)(5) of this | 24864 |
section, "residual cash" means any revenue and receipts derived | 24865 |
from the property by the political subdivision or subdivisions or | 24866 |
corporation that owns the property and that are available for | 24867 |
unencumbered use by the political subdivision or subdivisions or | 24868 |
corporation, after deducting amounts needed to make necessary | 24869 |
expenditures, pay debt service, and provide for working capital | 24870 |
related to the ownership, management, operation, and use of the | 24871 |
property, including payments of taxes on the taxable part of the | 24872 |
public recreational facility, contractually obligated payments or | 24873 |
deposits into reserves or otherwise, and service payments under | 24874 |
section 307.699 of the Revised Code. | 24875 |
(C) The exemption provided in division (B) of this section | 24876 |
also applies to both of the following: | 24877 |
(1) The property during its construction or, in the case of | 24878 |
tangible personal property, acquisition during the construction | 24879 |
period, if the owner meets the condition of division (B)(1) of | 24880 |
this section and has agreements that provide for the satisfaction | 24881 |
of all other conditions of division (B) of this section upon the | 24882 |
completion of the construction; | 24883 |
(2) Any improvement or addition made after March 2, 1992, to | 24884 |
a public recreational facility that was constructed before March | 24885 |
2, 1992, as long as all other conditions in division (B) of this | 24886 |
section are met. | 24887 |
(D) A corporation that owns property exempt from taxation | 24888 |
under division (B) of this section is a public body for the | 24889 |
purposes of section 121.22 of the Revised Code. The corporation's | 24890 |
records are public records for the purposes of section 149.43 of | 24891 |
the Revised Code, except records related to matters set forth in | 24892 |
division (G) of section 121.22 of the Revised Code and records | 24893 |
related to negotiations that are not yet completed for financing, | 24894 |
leases, or other agreements. | 24895 |
(E) The exemption under division (B) of this section applies | 24896 |
to property that is owned by the political subdivision or | 24897 |
subdivisions or the corporation that owns the public recreational | 24898 |
facility. Tangible personal property owned by users, managers, or | 24899 |
lessees of the facility is taxable when used in the public | 24900 |
recreational facility. | 24901 |
(F) Nothing in this section or in any other section of the | 24902 |
Revised Code prohibits or otherwise precludes an agreement between | 24903 |
a political subdivision, or a corporation controlled by a | 24904 |
political subdivision, that owns or operates a public recreational | 24905 |
facility that is exempted from taxation under division (A) or (B) | 24906 |
of this section and the board of education of a school district or | 24907 |
the legislative authority of a municipal corporation, or both, in | 24908 |
which all or a part of that facility is located, providing for | 24909 |
payments to the school district or municipal corporation, or both, | 24910 |
in lieu of taxes that otherwise would be charged against real and | 24911 |
tangible personal property exempted from taxation under this | 24912 |
section, for a period of time and under such terms and conditions | 24913 |
as the legislative authority of the political subdivision and the | 24914 |
board of education or municipal legislative authority, or both, | 24915 |
may agree, which agreements are hereby specifically authorized. | 24916 |
(G) As used in this section, "political subdivision" includes | 24917 |
the state or an agency of the state if the city, local, or | 24918 |
exempted village school district in which the property is situated | 24919 |
expressly consents to exempting the property from taxation. | 24920 |
Sec. 5709.40. (A) As used in this section: | 24921 |
(1) "Blighted area" and "impacted city" have the same | 24922 |
meanings as in section 1728.01 of the Revised Code. | 24923 |
(2) "Business day" means a day of the week excluding | 24924 |
Saturday, Sunday, and a legal holiday as defined under section | 24925 |
1.14 of the Revised Code. | 24926 |
(3) "Housing renovation" means a project carried out for | 24927 |
residential purposes. | 24928 |
(4) "Improvement" means the increase in the assessed value of | 24929 |
any real property that would first appear on the tax list and | 24930 |
duplicate of real and public utility property after the effective | 24931 |
date of an ordinance adopted under this section were it not for | 24932 |
the exemption granted by that ordinance. | 24933 |
(5) "Incentive district" means an area not more than three | 24934 |
hundred acres in size enclosed by a continuous boundary in which a | 24935 |
project is being, or will be, undertaken and having one or more of | 24936 |
the following distress characteristics: | 24937 |
(a) At least fifty-one per cent of the residents of the | 24938 |
district have incomes of less than eighty per cent of the median | 24939 |
income of residents of the political subdivision in which the | 24940 |
district is located, as determined in the same manner specified | 24941 |
under section 119(b) of the "Housing and Community Development Act | 24942 |
of 1974," 88 Stat. 633, 42 U.S.C. 5318, as amended; | 24943 |
(b) The average rate of unemployment in the district during | 24944 |
the most recent twelve-month period for which data are available | 24945 |
is equal to at least one hundred fifty per cent of the average | 24946 |
rate of unemployment for this state for the same period. | 24947 |
(c) At least twenty per cent of the people residing in the | 24948 |
district live at or below the poverty level as defined in the | 24949 |
federal Housing and Community Development Act of 1974, 42 U.S.C. | 24950 |
5301, as amended, and regulations adopted pursuant to that act. | 24951 |
(d) The district is a blighted area. | 24952 |
(e) The district is in a situational distress area as | 24953 |
designated by the director of development under division (F) of | 24954 |
section 122.23 of the Revised Code. | 24955 |
(f) As certified by the engineer for the political | 24956 |
subdivision, the public infrastructure serving the district is | 24957 |
inadequate to meet the development needs of the district as | 24958 |
evidenced by a written economic development plan or urban renewal | 24959 |
plan for the district that has been adopted by the legislative | 24960 |
authority of the subdivision. | 24961 |
(g) The district is comprised entirely of unimproved land | 24962 |
that is located in a distressed area as defined in section 122.23 | 24963 |
of the Revised Code. | 24964 |
(6) "Project" means development activities undertaken on one | 24965 |
or more parcels, including, but not limited to, construction, | 24966 |
expansion, and alteration of buildings or structures, demolition, | 24967 |
remediation, and site development, and any building or structure | 24968 |
that results from those activities. | 24969 |
(7) "Public infrastructure improvement" includes, but is not | 24970 |
limited to, public roads and highways; water and sewer lines; | 24971 |
environmental remediation; land acquisition, including acquisition | 24972 |
in aid of industry, commerce, distribution, or research; | 24973 |
demolition, including demolition on private property when | 24974 |
determined to be necessary for economic development purposes; | 24975 |
stormwater and flood remediation projects, including such projects | 24976 |
on private property when determined to be necessary for public | 24977 |
health, safety, and welfare; the provision of gas, electric, and | 24978 |
communications service facilities; and the enhancement of public | 24979 |
waterways through improvements that allow for greater public | 24980 |
access. | 24981 |
24982 |
(B) The legislative authority of a municipal corporation, by | 24983 |
ordinance, may declare improvements to certain parcels of real | 24984 |
property located in the municipal corporation to be a public | 24985 |
purpose. Improvements with respect to a parcel that is used or to | 24986 |
be used for residential purposes may be declared a public purpose | 24987 |
under this division only if the parcel is located in a blighted | 24988 |
area of an impacted city.
Except | 24989 |
approval under division (D) of this section of the board of | 24990 |
education of each city, local, or exempted village school district | 24991 |
within which the improvements are located, not more than | 24992 |
seventy-five per cent of an improvement thus declared to be a | 24993 |
public purpose may be exempted from real property taxation for a | 24994 |
period of not more than ten years. The ordinance shall specify the | 24995 |
percentage of the improvement to be exempted from taxation and the | 24996 |
life of the exemption. | 24997 |
An ordinance adopted or amended under this division shall | 24998 |
designate the specific public infrastructure improvements made, to | 24999 |
be made, or in the process of being made by the municipal | 25000 |
corporation that directly benefit, or that once made will directly | 25001 |
benefit, the parcels for which improvements are declared to be a | 25002 |
public purpose. The service payments provided for in section | 25003 |
5709.42 of the Revised Code shall be used to finance the public | 25004 |
infrastructure improvements
designated in the ordinance | 25005 |
the purpose described in division (D)(1) of this section or as | 25006 |
provided in section 5709.43 of the Revised Code. | 25007 |
(C)(1) The legislative authority of a municipal corporation | 25008 |
may adopt an ordinance creating an incentive district and | 25009 |
declaring improvements to parcels within the district to be a | 25010 |
public purpose and, except as provided in division (F) of this | 25011 |
section, exempt from taxation as provided in this section, but no | 25012 |
legislative authority of a municipal corporation that has a | 25013 |
population that exceeds twenty-five thousand, as shown by the most | 25014 |
recent federal decennial census, shall adopt an ordinance that | 25015 |
creates an incentive district if | 25016 |
25017 | |
in the proposed district for the preceding tax year and the | 25018 |
taxable value of all real property in the municipal corporation | 25019 |
that would have been taxable in the preceding year were it not for | 25020 |
the fact that the property was in an existing incentive district | 25021 |
and therefore exempt from taxation exceeds twenty-five per cent of | 25022 |
the | 25023 |
25024 | |
25025 | |
25026 | |
25027 | |
25028 | |
25029 | |
in the municipal corporation for the preceding tax year. The | 25030 |
ordinance shall delineate the boundary of the district and | 25031 |
specifically identify each parcel within the district. A district | 25032 |
may not include any parcel that is or has been exempted from | 25033 |
taxation under division (B) of this section or that is or has been | 25034 |
within another district created under this division. An ordinance | 25035 |
may create more than one such district, and more than one | 25036 |
ordinance may be adopted under division (C)(1) of this section. | 25037 |
(2) Not later than thirty days prior to adopting an ordinance | 25038 |
under division (C)(1) of this section, if the municipal | 25039 |
corporation intends to apply for exemptions from taxation under | 25040 |
section 5709.911 of the Revised Code on behalf of owners of real | 25041 |
property located within the proposed incentive district, the | 25042 |
legislative authority of a municipal corporation shall conduct a | 25043 |
public hearing on the proposed ordinance. Not later than thirty | 25044 |
days prior to the public hearing, the legislative authority shall | 25045 |
give notice of the public hearing and the proposed ordinance by | 25046 |
first class mail to every real property owner whose property is | 25047 |
located within the boundaries of the proposed incentive district | 25048 |
that is the subject of the proposed ordinance. | 25049 |
(3)(a) An ordinance adopted under division (C)(1) of this | 25050 |
section shall specify the life of the incentive district and the | 25051 |
percentage of the improvements to be exempted, shall designate the | 25052 |
public infrastructure improvements made, to be made, or in the | 25053 |
process of being made, that benefit or serve, or, once made, will | 25054 |
benefit or serve parcels in the district. The ordinance also shall | 25055 |
identify one or more specific projects being, or to be, undertaken | 25056 |
in the district that place additional demand on the public | 25057 |
infrastructure improvements designated in the ordinance. The | 25058 |
project identified may, but need not be, the project under | 25059 |
division (C)(3)(b) of this section that places real property in | 25060 |
use for commercial or industrial purposes. Except as otherwise | 25061 |
permitted under that division, the service payments provided for | 25062 |
in section 5709.42 of the Revised Code shall be used to finance | 25063 |
the designated public infrastructure
improvements | 25064 |
purpose described in division (D)(1) or (E) of this section, or as | 25065 |
provided in section 5709.43 of the Revised Code. | 25066 |
An ordinance adopted under division (C)(1) of this section on | 25067 |
or after the effective date of this amendment shall not designate | 25068 |
police or fire equipment as public infrastructure improvements, | 25069 |
and no service payment provided for in section 5709.42 of the | 25070 |
Revised Code and received by the municipal corporation under the | 25071 |
ordinance shall be used for police or fire equipment. | 25072 |
(b) An ordinance adopted under division (C)(1) of this | 25073 |
section may authorize the use of service payments provided for in | 25074 |
section 5709.42 of the Revised Code for the purpose of housing | 25075 |
renovations within the incentive district, provided that the | 25076 |
ordinance also designates public infrastructure improvements that | 25077 |
benefit or serve the district, and that a project within the | 25078 |
district places real property in use for commercial or industrial | 25079 |
purposes. Service payments may be used to finance or support | 25080 |
loans, deferred loans, and grants to persons for the purpose of | 25081 |
housing renovations within the district. The ordinance shall | 25082 |
designate the parcels within the district that are eligible for | 25083 |
housing renovation. The ordinance shall state separately the | 25084 |
amounts or the percentages of the expected aggregate service | 25085 |
payments that are designated for each public infrastructure | 25086 |
improvement and for the general purpose of housing renovations. | 25087 |
(4) Except with the approval of the board of education of | 25088 |
each city, local, or exempted village school district within the | 25089 |
territory of which the incentive district is or will be located, | 25090 |
and subject to division (E) of this section, the life of an | 25091 |
incentive district shall not exceed ten years, and the percentage | 25092 |
of improvements to be exempted shall not exceed seventy-five per | 25093 |
cent. With approval of the board of education, the life of a | 25094 |
district may be not more than thirty years, and the percentage of | 25095 |
improvements to be exempted may be not more than one hundred per | 25096 |
cent. The approval | 25097 |
| 25098 |
manner provided in division (D) of this section | 25099 |
25100 | |
25101 | |
25102 | |
25103 | |
25104 | |
25105 | |
25106 | |
25107 |
(D)(1) If the ordinance declaring improvements to a parcel to | 25108 |
be a public purpose or creating an incentive district specifies | 25109 |
that payments in lieu of taxes provided for in section 5709.42 of | 25110 |
the Revised Code shall be paid to the city, local, or exempted | 25111 |
village school district in which the parcel or incentive district | 25112 |
is located in the amount of the taxes that would have been payable | 25113 |
to the school district if the improvements had not been exempted | 25114 |
from taxation, the percentage of the improvement that may be | 25115 |
exempted from taxation may exceed seventy-five per cent, and the | 25116 |
exemption may be granted for up to thirty years, without the | 25117 |
approval of the board of education as otherwise required under | 25118 |
division (D)(2) of this section. | 25119 |
(2) Improvements with respect to a parcel may be exempted | 25120 |
from taxation under division (B) of this section, and improvements | 25121 |
to parcels within an incentive district may be exempted from | 25122 |
taxation under division (C) of this section, for up to ten years | 25123 |
or, with the approval under this paragraph of the board of | 25124 |
education of the city, local, or exempted village school district | 25125 |
within which the parcel or district is located, for up to thirty | 25126 |
years. The percentage of the improvement exempted from taxation | 25127 |
may, with such approval, exceed seventy-five per cent, but shall | 25128 |
not exceed one hundred per cent. Not later than forty-five | 25129 |
business days prior to adopting an ordinance under this section | 25130 |
declaring improvements to be a public purpose that is subject to | 25131 |
approval by a board of education under this division, the | 25132 |
legislative authority shall deliver to the board of education a | 25133 |
notice stating its intent to adopt an ordinance making that | 25134 |
declaration. The notice regarding improvements with respect to a | 25135 |
parcel under division (B) of this section shall identify the | 25136 |
parcels for which improvements are to be exempted from taxation, | 25137 |
provide an estimate of the true value in money of the | 25138 |
improvements, specify the period for which the improvements would | 25139 |
be exempted from taxation and the percentage of the improvement | 25140 |
that would be exempted, and indicate the date on which the | 25141 |
legislative authority intends to adopt the ordinance. The notice | 25142 |
regarding improvements to parcels within an incentive district | 25143 |
under division (C) of this section shall delineate the boundaries | 25144 |
of the district, specifically identify each parcel within the | 25145 |
district, identify each anticipated improvement in the district, | 25146 |
provide an estimate of the true value in money of each such | 25147 |
improvement, specify the life of the district and the percentage | 25148 |
of improvements that would be exempted, and indicate the date on | 25149 |
which the legislative authority intends to adopt the ordinance. | 25150 |
The board of education, by resolution adopted by a majority of the | 25151 |
board, may approve the exemption for the period or for the | 25152 |
exemption percentage specified
in the
notice | 25153 |
exemption for the number of years in excess of ten, may disapprove | 25154 |
the exemption for the percentage of the improvement to be exempted | 25155 |
in excess of
seventy-five per
cent, or both | 25156 |
exemption on the condition that the legislative authority and the | 25157 |
board negotiate an agreement providing for compensation to the | 25158 |
school district equal in value to a percentage of the amount of | 25159 |
taxes exempted in the eleventh and subsequent years of the | 25160 |
exemption period or, in the case of exemption percentages in | 25161 |
excess of seventy-five per cent, compensation equal in value to a | 25162 |
percentage of the taxes that would be payable on the portion of | 25163 |
the improvement in excess of seventy-five per cent were that | 25164 |
portion to be subject to taxation, or other mutually agreeable | 25165 |
compensation. | 25166 |
(3) The board of education shall certify its resolution to | 25167 |
the legislative authority not later than fourteen days prior to | 25168 |
the date the legislative authority intends to adopt the ordinance | 25169 |
as indicated in the notice. If the board of education and the | 25170 |
legislative authority negotiate a mutually acceptable compensation | 25171 |
agreement, the ordinance may declare the improvements a public | 25172 |
purpose for the number of years specified in the ordinance or, in | 25173 |
the case of exemption percentages in excess of seventy-five per | 25174 |
cent, for the exemption percentage specified in the ordinance. In | 25175 |
either case, if the board and the legislative authority fail to | 25176 |
negotiate a mutually acceptable compensation agreement, the | 25177 |
ordinance may declare the improvements a public purpose for not | 25178 |
more than ten years, | 25179 |
seventy-five per cent of the improvements from taxation. If the | 25180 |
board fails to certify a resolution to the legislative authority | 25181 |
within the time prescribed by this division, the legislative | 25182 |
authority thereupon may adopt the ordinance and may declare the | 25183 |
improvements a public purpose for up to thirty years, or, in the | 25184 |
case of exemption percentages proposed in excess of seventy-five | 25185 |
per cent, for the exemption percentage specified in the ordinance. | 25186 |
The legislative authority may adopt the ordinance at any time | 25187 |
after the board of education certifies its resolution approving | 25188 |
the exemption to the legislative authority, or, if the board | 25189 |
approves the exemption on the condition that a mutually acceptable | 25190 |
compensation agreement be negotiated, at any time after the | 25191 |
compensation agreement is agreed to by the board and the | 25192 |
legislative authority. | 25193 |
| 25194 |
waiving its right to approve exemptions from taxation under this | 25195 |
section and the resolution remains in effect, approval of | 25196 |
exemptions by the
board is not
required under | 25197 |
this section. If a board of education has adopted a resolution | 25198 |
allowing a legislative authority to deliver the notice required | 25199 |
under division
(D) | 25200 |
business days prior to the legislative authority's adoption of the | 25201 |
ordinance, the legislative authority shall deliver the notice to | 25202 |
the board not later than the number of days prior to such adoption | 25203 |
as prescribed by the board in its resolution. If a board of | 25204 |
education adopts a resolution waiving its right to approve | 25205 |
agreements or shortening the notification period, the board shall | 25206 |
certify a copy of the resolution to the legislative authority. If | 25207 |
the board of education rescinds such a resolution, it shall | 25208 |
certify notice of the rescission to the legislative authority. | 25209 |
| 25210 |
division
(D) | 25211 |
of education of the legislative authority's intent to declare | 25212 |
improvements to be a public purpose, the legislative authority | 25213 |
shall comply with the notice requirements imposed under section | 25214 |
5709.83 of the Revised Code, unless the board has adopted a | 25215 |
resolution under that section waiving its right to receive such a | 25216 |
notice. | 25217 |
(E)(1) If a proposed ordinance under division (C)(1) of this | 25218 |
section exempts improvements with respect to a parcel within an | 25219 |
incentive district for more than ten years, or the percentage of | 25220 |
the improvement exempted from taxation exceeds seventy-five per | 25221 |
cent, not later than forty-five business days prior to adopting | 25222 |
the ordinance the legislative authority of the municipal | 25223 |
corporation shall deliver to the board of county commissioners of | 25224 |
the county within which the incentive district | 25225 |
located a notice that states its intent to adopt an ordinance | 25226 |
creating an incentive district. The notice shall include a copy of | 25227 |
the proposed ordinance, identify the parcels for which | 25228 |
improvements are to be exempted from taxation, provide an estimate | 25229 |
of the true value in money of the improvements, specify the period | 25230 |
of time for which the improvements would be exempted from | 25231 |
taxation, specify the percentage of the improvements that would be | 25232 |
exempted from taxation, and indicate the date on which the | 25233 |
legislative authority intends to adopt the ordinance. | 25234 |
(2) The board of county commissioners, by resolution adopted | 25235 |
by a majority of the board, may object to the exemption for the | 25236 |
number of years in excess of ten, may object to the exemption for | 25237 |
the percentage of the improvement to be exempted in excess of | 25238 |
seventy-five per cent, or both | 25239 |
25240 | |
board may negotiate | 25241 |
agreement with the legislative authority | 25242 |
shall the compensation provided to the board exceed the property | 25243 |
taxes foregone due to the exemption. If the board of county | 25244 |
commissioners objects, and the board and legislative authority | 25245 |
fail to negotiate a mutually acceptable compensation agreement, | 25246 |
the ordinance adopted under division (C)(1) of this section shall | 25247 |
provide to the board compensation in the eleventh and subsequent | 25248 |
years of the exemption period | 25249 |
more than fifty per cent of the taxes that would be payable to the | 25250 |
county or, if the board's objection includes an objection to an | 25251 |
exemption percentage in excess of seventy-five per cent, | 25252 |
compensation equal in value to not more than fifty per cent of the | 25253 |
taxes that would be payable to the county, on the portion of the | 25254 |
improvement in excess of seventy-five per cent, were that portion | 25255 |
to be subject to taxation. The board of county commissioners shall | 25256 |
certify its resolution to the legislative authority not later than | 25257 |
thirty days after receipt of the notice. | 25258 |
(3) If the board of county commissioners does not object or | 25259 |
fails to certify its resolution objecting to an exemption within | 25260 |
thirty days after receipt of the notice, the legislative authority | 25261 |
may adopt the ordinance, and no compensation shall be provided to | 25262 |
the board of county commissioners. If the board timely certifies | 25263 |
its resolution objecting to the ordinance, the legislative | 25264 |
authority may adopt the ordinance at any time after | 25265 |
acceptable compensation agreement is agreed to by the board and | 25266 |
the legislative authority, or, if no compensation agreement is | 25267 |
negotiated, at any time after the legislative authority agrees in | 25268 |
the proposed ordinance to provide compensation to the board of | 25269 |
fifty per cent of the taxes that would be payable to the county in | 25270 |
the eleventh and subsequent years of the exemption period or on | 25271 |
the portion of the improvement in excess of seventy-five per cent, | 25272 |
were that portion to be subject to taxation. | 25273 |
(F) | 25274 |
Service payments in lieu of taxes that are attributable to any | 25275 |
amount by which the effective tax rate of either a renewal levy | 25276 |
with an increase or a replacement levy exceeds the effective tax | 25277 |
rate of the levy renewed or replaced, or that are attributable to | 25278 |
an additional levy, for a levy authorized by the voters for any of | 25279 |
the following purposes on or after January 1, 2006, and | 25280 |
25281 | |
incentive district under division (C)(1) of this section that is | 25282 |
adopted on or after January 1, 2006, | 25283 |
25284 | |
25285 | |
forty-five days after the settlement required under division (A) | 25286 |
or (C) of section 321.24 of the Revised Code, to the appropriate | 25287 |
taxing authority in an amount equal to the amount of taxes that | 25288 |
would have been payable to that taxing authority from the | 25289 |
following levies were it not for the exemption authorized under | 25290 |
division (C) of this section | 25291 |
25292 | |
25293 |
(1) A tax levied under division (L) of section 5705.19 or | 25294 |
section 5705.191 of the Revised Code for community mental | 25295 |
retardation and developmental disabilities programs and services | 25296 |
pursuant to Chapter 5126. of the Revised Code; | 25297 |
(2) A tax levied under division (Y) of section 5705.19 of the | 25298 |
Revised Code for providing or maintaining senior citizens services | 25299 |
or facilities; | 25300 |
(3) A tax levied under section 5705.22 of the Revised Code | 25301 |
for county hospitals; | 25302 |
(4) A tax levied by a joint-county district or by a county | 25303 |
under section 5705.19, 5705.191, or 5705.221 of the Revised Code | 25304 |
for alcohol, drug addiction, and mental health services; | 25305 |
(5) A tax levied under section 5705.23 of the Revised Code | 25306 |
for library purposes; | 25307 |
(6) A tax levied under section 5705.24 of the Revised Code | 25308 |
for the support of children services and the placement and care of | 25309 |
children; | 25310 |
(7) A tax levied under division (Z) of section 5705.19 of the | 25311 |
Revised Code for the provision and maintenance of zoological park | 25312 |
services and facilities under section 307.76 of the Revised Code; | 25313 |
(8) A tax levied under section 511.27 or division (H) of | 25314 |
section 5705.19 of the Revised Code for the support of township | 25315 |
park districts; | 25316 |
(9) A tax levied under division (A), (F), or (H) of section | 25317 |
5705.19 of the Revised Code for parks and recreational purposes of | 25318 |
a joint recreation district organized pursuant to division (B) of | 25319 |
section 755.14 of the Revised Code; | 25320 |
(10) A tax levied under section 1545.20 or 1545.21 of the | 25321 |
Revised Code for park district purposes; | 25322 |
(11) A tax levied under section 5705.191 of the Revised Code | 25323 |
for the purpose of making appropriations for public assistance; | 25324 |
human or social services; public relief; public welfare; public | 25325 |
health and hospitalization; and support of general hospitals; | 25326 |
(12) A tax levied under section 3709.29 of the Revised Code | 25327 |
for a general health district program. | 25328 |
(G) An exemption from taxation granted under this section | 25329 |
commences with the tax year specified in the ordinance so long as | 25330 |
the year specified in the ordinance commences after the effective | 25331 |
date of the ordinance. If the ordinance specifies a year | 25332 |
commencing before the effective date of the resolution or | 25333 |
specifies no year whatsoever, the exemption commences with the tax | 25334 |
year in which an exempted improvement first appears on the tax | 25335 |
list and duplicate of real and public utility property and that | 25336 |
commences after the effective date of the ordinance. Except as | 25337 |
otherwise provided in this division, the exemption ends on the | 25338 |
date specified in the ordinance as the date the improvement ceases | 25339 |
to be a public purpose or the incentive district expires, or ends | 25340 |
on the date on which the public infrastructure improvements and | 25341 |
housing renovations are paid in full from the municipal public | 25342 |
improvement tax increment equivalent fund established under | 25343 |
division (A) of section 5709.43 of the Revised Code, whichever | 25344 |
occurs first. The exemption of an improvement with respect to a | 25345 |
parcel or within an incentive district may end on a later date, as | 25346 |
specified in the ordinance, if the legislative authority and the | 25347 |
board of education of the city, local, or exempted village school | 25348 |
district within which the parcel or district is located have | 25349 |
entered into a compensation agreement under section 5709.82 of the | 25350 |
Revised Code
with respect to the
improvement
| 25351 |
board of education has approved the term of the exemption under | 25352 |
division (D)(2) of this section, but in no case shall the | 25353 |
improvement be exempted from taxation for more than thirty years. | 25354 |
Exemptions shall be claimed and allowed in the same manner as in | 25355 |
the case of other real property exemptions. If an exemption status | 25356 |
changes during a year, the procedure for the apportionment of the | 25357 |
taxes for that year is the same as in the case of other changes in | 25358 |
tax exemption status during the year. | 25359 |
(H) Additional municipal financing of public infrastructure | 25360 |
improvements and housing renovations may be provided by any | 25361 |
methods that the municipal corporation may otherwise use for | 25362 |
financing such improvements or renovations. If the municipal | 25363 |
corporation issues bonds or notes to finance the public | 25364 |
infrastructure improvements and housing renovations and pledges | 25365 |
money from the municipal public improvement tax increment | 25366 |
equivalent fund to pay the interest on and principal of the bonds | 25367 |
or notes, the bonds or notes are not subject to Chapter 133. of | 25368 |
the Revised Code. | 25369 |
(I) The municipal corporation, not later than fifteen days | 25370 |
after the adoption of an ordinance under this section, shall | 25371 |
submit to the director of development a copy of the ordinance. On | 25372 |
or before the thirty-first day of March of each year, the | 25373 |
municipal corporation shall submit a status report to the director | 25374 |
of development. The report shall indicate, in the manner | 25375 |
prescribed by the director, the progress of the project during | 25376 |
each year that an exemption remains in effect, including a summary | 25377 |
of the receipts from service payments in lieu of taxes; | 25378 |
expenditures of money from the funds created under section 5709.43 | 25379 |
of the Revised Code; a description of the public infrastructure | 25380 |
improvements and housing renovations financed with such | 25381 |
expenditures; and a quantitative summary of changes in employment | 25382 |
and private investment resulting from each project. | 25383 |
(J) Nothing in this section shall be construed to prohibit a | 25384 |
legislative authority from declaring to be a public purpose | 25385 |
improvements with respect to more than one parcel. | 25386 |
Sec. 5709.42. (A) A municipal corporation that has declared | 25387 |
an improvement to be a public purpose under section 5709.40 or | 25388 |
5709.41 of the Revised Code may require the owner of any structure | 25389 |
located on the parcel to make annual service payments in lieu of | 25390 |
taxes to the county treasurer on or before the final dates for | 25391 |
payment of real property taxes. Each such payment shall be charged | 25392 |
and collected in the same manner and in the same amount as the | 25393 |
real property taxes that would have been charged and payable | 25394 |
against the improvement if it were not exempt from taxation. If | 25395 |
any reduction in the levies otherwise applicable to such exempt | 25396 |
property is made by the county budget commission under section | 25397 |
5705.31 of the Revised Code, the amount of the service payment in | 25398 |
lieu of taxes shall be calculated as if such reduction in levies | 25399 |
had not been made. | 25400 |
(B) Moneys collected as service payments in lieu of taxes | 25401 |
shall be distributed at the same time and in the same manner as | 25402 |
real property tax payments. However, subject to section 5709.913 | 25403 |
of the Revised Code, the entire amount so collected shall be | 25404 |
distributed to the municipal corporation in which the improvement | 25405 |
is located. If an ordinance adopted under section 5709.40 or | 25406 |
5709.41 of the Revised Code specifies that service payments shall | 25407 |
be paid to the city, local, or exempted village school district in | 25408 |
which the improvements are located, the county treasurer shall | 25409 |
distribute the portion of the service payments to that school | 25410 |
district in an amount equal to the property tax payments the | 25411 |
school district would have received from the portion of the | 25412 |
improvements exempted from taxation had the improvements not been | 25413 |
exempted, as directed in the ordinance. The treasurer shall | 25414 |
maintain a record of the service payments in lieu of taxes made | 25415 |
from property in each municipal corporation. | 25416 |
(C) If annual service payments in lieu of taxes are required | 25417 |
under this section, the county treasurer shall distribute to the | 25418 |
appropriate taxing authorities the portion of the service payments | 25419 |
that represents compensation payments required under division (F) | 25420 |
of section 5709.40 of the Revised Code. | 25421 |
(D) Nothing in this section or section 5709.40 or 5709.41 of | 25422 |
the Revised Code affects the taxes levied against that portion of | 25423 |
the value of any parcel of property that is not exempt from | 25424 |
taxation. | 25425 |
Sec. 5709.43. (A) A municipal corporation that grants a tax | 25426 |
exemption under section 5709.40 of the Revised Code shall | 25427 |
establish a municipal public improvement tax increment equivalent | 25428 |
fund into which shall be deposited service payments in lieu of | 25429 |
taxes distributed to the municipal corporation under section | 25430 |
5709.42 of the Revised Code. If the legislative authority of the | 25431 |
municipal corporation has adopted an ordinance under division (C) | 25432 |
of section 5709.40 of the Revised Code, the municipal corporation | 25433 |
shall establish at least one account in that fund with respect to | 25434 |
ordinances adopted under division (B) of that section, and one | 25435 |
account with respect to each incentive district created in an | 25436 |
ordinance adopted under division (C) of that section. If an | 25437 |
ordinance adopted under division (C) of section 5709.40 of the | 25438 |
Revised Code also authorizes the use of service payments for | 25439 |
housing renovations within the district, the municipal corporation | 25440 |
shall establish separate accounts for the service payments | 25441 |
designated for public infrastructure improvements and for the | 25442 |
service payments authorized for the purpose of housing | 25443 |
renovations. Money in an account of the municipal public | 25444 |
improvement tax increment equivalent fund shall be used to finance | 25445 |
the public infrastructure improvements designated in, or the | 25446 |
housing renovations authorized by, the ordinance with respect to | 25447 |
which the account is established; in the case of an account | 25448 |
established with respect to an ordinance adopted under division | 25449 |
(C) of that section, money in the account shall be used to finance | 25450 |
the public infrastructure improvements designated, or the housing | 25451 |
renovations authorized, for each incentive district created in the | 25452 |
ordinance. Money in an account shall not be used to finance or | 25453 |
support housing renovations that take place after the incentive | 25454 |
district has expired. The municipal corporation also may deposit | 25455 |
into any of those accounts municipal income tax revenue that has | 25456 |
been designated by ordinance to finance the public infrastructure | 25457 |
improvements and housing renovations. | 25458 |
(B) A municipal corporation may establish an urban | 25459 |
redevelopment tax increment equivalent fund, by resolution or | 25460 |
ordinance of its legislative authority, into which shall be | 25461 |
deposited service payments in lieu of taxes distributed to the | 25462 |
municipal corporation by the county treasurer as provided in | 25463 |
section 5709.42 of the Revised Code for improvements exempt from | 25464 |
taxation pursuant to an ordinance adopted under section 5709.41 of | 25465 |
the Revised Code. Moneys deposited in the urban redevelopment tax | 25466 |
increment equivalent fund shall be used for such purposes as are | 25467 |
authorized in the resolution or ordinance establishing the fund. | 25468 |
The municipal corporation also may deposit into the urban | 25469 |
redevelopment tax increment equivalent fund municipal income tax | 25470 |
revenue that has been dedicated to fund any of the purposes for | 25471 |
which the fund is established. | 25472 |
(C)(1)(a) A municipal corporation | 25473 |
in the municipal public improvement tax increment equivalent fund | 25474 |
or the urban redevelopment tax increment equivalent fund to any | 25475 |
school district in which the exempt property is located, in an | 25476 |
amount not to exceed the amount of real property taxes that such | 25477 |
school district would have received from the improvement if it | 25478 |
were not exempt from taxation, or use money in either or both | 25479 |
funds to finance specific public improvements benefiting the | 25480 |
school district. The resolution or ordinance establishing the fund | 25481 |
shall set forth the percentage of such maximum amount that will be | 25482 |
distributed to any affected school district or used to finance | 25483 |
specific public improvements benefiting the school district. | 25484 |
(b) A municipal corporation also may distribute money in the | 25485 |
municipal public improvement tax increment equivalent fund or the | 25486 |
urban redevelopment tax increment equivalent fund as follows: | 25487 |
(i) To a board of county commissioners, in the amount that is | 25488 |
owed to the board pursuant to division (E) of section 5709.40 of | 25489 |
the Revised Code; | 25490 |
(ii) To a county in accordance with section 5709.913 of the | 25491 |
Revised Code. | 25492 |
(2) Money from an account in a municipal public improvement | 25493 |
tax increment equivalent fund or from an urban redevelopment tax | 25494 |
increment equivalent fund may be distributed under division | 25495 |
(C)(1)(b) of this section, regardless of the date a resolution or | 25496 |
an ordinance was adopted under section 5709.40 or 5709.41 of the | 25497 |
Revised Code that prompted the establishment of the account or the | 25498 |
establishment of the urban redevelopment tax increment equivalent | 25499 |
fund, even if the resolution or ordinance was adopted prior to the | 25500 |
effective date of this amendment. | 25501 |
(D) Any incidental surplus remaining in the municipal public | 25502 |
improvement tax increment equivalent fund or an account of that | 25503 |
fund, or in the urban redevelopment tax increment equivalent fund, | 25504 |
upon dissolution of the account or fund shall be transferred to | 25505 |
the general fund of the municipal corporation. | 25506 |
Sec. 5709.73. (A) As used in this section and section | 25507 |
5709.74 of the Revised Code: | 25508 |
(1) "Business day" means a day of the week excluding | 25509 |
Saturday, Sunday, and a legal holiday as defined in section 1.14 | 25510 |
of the Revised Code. | 25511 |
(2) "Further improvements" or "improvements" means the | 25512 |
increase in the assessed value of real property that would first | 25513 |
appear on the tax list and duplicate of real and public utility | 25514 |
property after the effective date of a resolution adopted under | 25515 |
this section were it not for the exemption granted by that | 25516 |
resolution. For purposes of division (B) of this section, | 25517 |
"improvements" do not include any property used or to be used for | 25518 |
residential purposes. | 25519 |
(3) "Housing renovation" means a project carried out for | 25520 |
residential purposes. | 25521 |
(4) "Incentive district" has the same meaning as in section | 25522 |
5709.40 of the Revised Code, except that a blighted area is in the | 25523 |
unincorporated area of a township. | 25524 |
(5) "Project" and "public infrastructure improvement" have | 25525 |
the same meanings as in section 5709.40 of the Revised Code. | 25526 |
(B) A board of township trustees may, by unanimous vote, | 25527 |
adopt a resolution that declares to be a public purpose any public | 25528 |
infrastructure improvements made that are necessary for the | 25529 |
development of certain parcels of land located in the | 25530 |
unincorporated area of
the
township. Except | 25531 |
25532 | |
board of education of each city, local, or exempted village school | 25533 |
district within which the improvements are located, the resolution | 25534 |
may exempt from real property taxation not more than seventy-five | 25535 |
per cent of further improvements to a parcel of land that directly | 25536 |
benefits from the public infrastructure improvements, for a period | 25537 |
of not more than ten years. The resolution shall specify the | 25538 |
percentage of the further improvements to be exempted and the life | 25539 |
of the exemption. | 25540 |
(C)(1) A board of township trustees may adopt, by unanimous | 25541 |
vote, a resolution creating an incentive district and declaring | 25542 |
improvements to parcels within the district to be a public purpose | 25543 |
and, except as provided in division (F) of this section, exempt | 25544 |
from taxation as provided in this section, but no board of | 25545 |
township trustees of a township that has a population that exceeds | 25546 |
twenty-five thousand, as shown by the most recent federal | 25547 |
decennial census, shall adopt a resolution that creates an | 25548 |
incentive district if | 25549 |
25550 | |
proposed district for the preceding tax year and the taxable value | 25551 |
of all real property in the township that would have been taxable | 25552 |
in the preceding year were it not for the fact that the property | 25553 |
was in an existing incentive district and therefore exempt from | 25554 |
taxation exceeds twenty-five per cent of the | 25555 |
25556 | |
25557 | |
25558 | |
25559 | |
25560 | |
25561 | |
real property in the township for the preceding tax year. The | 25562 |
district shall be located within the unincorporated area of the | 25563 |
township and shall not include any territory that is included | 25564 |
within a district created under division (B) of section 5709.78 of | 25565 |
the Revised Code. The resolution shall delineate the boundary of | 25566 |
the district and specifically identify each parcel within the | 25567 |
district. A district may not include any parcel that is or has | 25568 |
been exempted from taxation under division (B) of this section or | 25569 |
that is or has been within another district created under this | 25570 |
division. A resolution may create more than one district, and more | 25571 |
than one resolution may be adopted under division (C)(1) of this | 25572 |
section. | 25573 |
(2) Not later than thirty days prior to adopting a resolution | 25574 |
under division (C)(1) of this section, if the township intends to | 25575 |
apply for exemptions from taxation under section 5709.911 of the | 25576 |
Revised Code on behalf of owners of real property located within | 25577 |
the proposed incentive district, the board shall conduct a public | 25578 |
hearing on the proposed resolution. Not later than thirty days | 25579 |
prior to the public hearing, the board shall give notice of the | 25580 |
public hearing and the proposed resolution by first class mail to | 25581 |
every real property owner whose property is located within the | 25582 |
boundaries of the proposed incentive district that is the subject | 25583 |
of the proposed resolution. | 25584 |
(3)(a) A resolution adopted under division (C)(1) of this | 25585 |
section shall specify the life of the incentive district and the | 25586 |
percentage of the improvements to be exempted, shall designate the | 25587 |
public infrastructure improvements made, to be made, or in the | 25588 |
process of being made, that benefit or serve, or, once made, will | 25589 |
benefit or serve parcels in the district. The resolution also | 25590 |
shall identify one or more specific projects being, or to be, | 25591 |
undertaken in the district that place additional demand on the | 25592 |
public infrastructure improvements designated in the resolution. | 25593 |
The project identified may, but need not be, the project under | 25594 |
division (C)(3)(b) of this section that places real property in | 25595 |
use for commercial or industrial purposes. | 25596 |
A resolution adopted under division (C)(1) of this section on | 25597 |
or after the effective date of this amendment shall not designate | 25598 |
police or fire equipment as public infrastructure improvements, | 25599 |
and no service payment provided for in section 5709.74 of the | 25600 |
Revised Code and received by the township under the resolution | 25601 |
shall be used for police or fire equipment. | 25602 |
(b) A resolution adopted under division (C)(1) of this | 25603 |
section may authorize the use of service payments provided for in | 25604 |
section 5709.74 of the Revised Code for the purpose of housing | 25605 |
renovations within the incentive district, provided that the | 25606 |
resolution also designates public infrastructure improvements that | 25607 |
benefit or serve the district, and that a project within the | 25608 |
district places real property in use for commercial or industrial | 25609 |
purposes. Service payments may be used to finance or support | 25610 |
loans, deferred loans, and grants to persons for the purpose of | 25611 |
housing renovations within the district. The resolution shall | 25612 |
designate the parcels within the district that are eligible for | 25613 |
housing renovations. The resolution shall state separately the | 25614 |
amount or the percentages of the expected aggregate service | 25615 |
payments that are designated for each public infrastructure | 25616 |
improvement and for the purpose of housing renovations. | 25617 |
(4) Except with the approval of the board of education of | 25618 |
each city, local, or exempted village school district within the | 25619 |
territory of which the incentive district is or will be located, | 25620 |
and subject to division (E) of this section, the life of an | 25621 |
incentive district shall not exceed ten years, and the percentage | 25622 |
of improvements to be exempted shall not exceed seventy-five per | 25623 |
cent. With approval of the board of education, the life of a | 25624 |
district may be not more than thirty years, and the percentage of | 25625 |
improvements to be exempted may be not more than one hundred per | 25626 |
cent. The approval | 25627 |
| 25628 |
manner provided in division (D) of this section f | 25629 |
25630 | |
25631 | |
25632 | |
25633 | |
25634 | |
25635 | |
25636 | |
25637 |
(D) Improvements with respect to a parcel may be exempted | 25638 |
from taxation under division (B) of this section, and improvements | 25639 |
to parcels within an incentive district may be exempted from | 25640 |
taxation under division (C) of this section, for up to ten years | 25641 |
or, with the approval of the board of education of the city, | 25642 |
local, or exempted village school district within which the parcel | 25643 |
or district is located, for up to thirty years. The percentage of | 25644 |
the improvements exempted from taxation may, with such approval, | 25645 |
exceed seventy-five per cent, but shall not exceed one hundred per | 25646 |
cent. Not later than forty-five business days prior to adopting a | 25647 |
resolution under this section declaring improvements to be a | 25648 |
public purpose that is subject to approval by a board of education | 25649 |
under this division, the board of township trustees shall deliver | 25650 |
to the board of education a notice stating its intent to adopt a | 25651 |
resolution making that declaration. The notice regarding | 25652 |
improvements with respect to a parcel under division (B) of this | 25653 |
section shall identify the parcels for which improvements are to | 25654 |
be exempted from taxation, provide an estimate of the true value | 25655 |
in money of the improvements, specify the period for which the | 25656 |
improvements would be exempted from taxation and the percentage of | 25657 |
the improvements that would be exempted, and indicate the date on | 25658 |
which the board of township trustees intends to adopt the | 25659 |
resolution. The notice regarding improvements made under division | 25660 |
(C) of this section to parcels within an incentive district shall | 25661 |
delineate the boundaries of the district, specifically identify | 25662 |
each parcel within the district, identify each anticipated | 25663 |
improvement in the district, provide an estimate of the true value | 25664 |
in money of each such improvement, specify the life of the | 25665 |
district and the percentage of improvements that would be | 25666 |
exempted, and indicate the date on which the board of township | 25667 |
trustees intends to adopt the resolution. The board of education, | 25668 |
by resolution adopted by a majority of the board, may approve the | 25669 |
exemption for the period or for the exemption percentage specified | 25670 |
in the notice | 25671 |
years in excess of ten, may disapprove the exemption for the | 25672 |
percentage of the improvements to be exempted in excess of | 25673 |
seventy-five per cent,
or both | 25674 |
the condition that the board of township trustees and the board of | 25675 |
education negotiate an agreement providing for compensation to the | 25676 |
school district equal in value to a percentage of the amount of | 25677 |
taxes exempted in the eleventh and subsequent years of the | 25678 |
exemption period or, in the case of exemption percentages in | 25679 |
excess of seventy-five per cent, compensation equal in value to a | 25680 |
percentage of the taxes that would be payable on the portion of | 25681 |
the improvements in excess of seventy-five per cent were that | 25682 |
portion to be subject to taxation, or other mutually agreeable | 25683 |
compensation. | 25684 |
The board of education shall certify its resolution to the | 25685 |
board of township trustees not later than fourteen days prior to | 25686 |
the date the board of township trustees intends to adopt the | 25687 |
resolution as indicated in the notice. If the board of education | 25688 |
and the board of township trustees negotiate a mutually acceptable | 25689 |
compensation agreement, the resolution may declare the | 25690 |
improvements a public purpose for the number of years specified in | 25691 |
the resolution or, in the case of exemption percentages in excess | 25692 |
of seventy-five per cent, for the exemption percentage specified | 25693 |
in the resolution. In either case, if the board of education and | 25694 |
the board of township trustees fail to negotiate a mutually | 25695 |
acceptable compensation agreement, the resolution may declare the | 25696 |
improvements a public purpose for not
more than ten years, | 25697 |
shall not exempt more than seventy-five per cent of the | 25698 |
improvements from taxation. If the board of education fails to | 25699 |
certify a resolution to the board of township trustees within the | 25700 |
time prescribed by this section, the board of township trustees | 25701 |
thereupon may adopt the resolution and may declare the | 25702 |
improvements a public purpose for up to thirty years or, in the | 25703 |
case of exemption percentages proposed in excess of seventy-five | 25704 |
per cent, for the exemption percentage specified in the | 25705 |
resolution. The board of township trustees may adopt the | 25706 |
resolution at any time after the board of education certifies its | 25707 |
resolution approving the exemption to the board of township | 25708 |
trustees, or, if the board of education approves the exemption on | 25709 |
the condition that a mutually acceptable compensation agreement be | 25710 |
negotiated, at any time after the compensation agreement is agreed | 25711 |
to by the board of education and the board of township trustees. | 25712 |
If a board of education has adopted a resolution waiving its | 25713 |
right to approve exemptions from taxation under this section and | 25714 |
the resolution remains in effect, approval of such exemptions by | 25715 |
the board of
education is not required under
| 25716 |
this section. If a board of education has adopted a resolution | 25717 |
allowing a board of township trustees to deliver the notice | 25718 |
required under
| 25719 |
forty-five business days prior to adoption of the resolution by | 25720 |
the board of township trustees, the board of township trustees | 25721 |
shall deliver the notice to the board of education not later than | 25722 |
the number of days prior to the adoption as prescribed by the | 25723 |
board of education in its resolution. If a board of education | 25724 |
adopts a resolution waiving its right to approve exemptions or | 25725 |
shortening the notification period, the board of education shall | 25726 |
certify a copy of the resolution to the board of township | 25727 |
trustees. If the board of education rescinds the resolution, it | 25728 |
shall certify notice of the rescission to the board of township | 25729 |
trustees. | 25730 |
If the board of township trustees is not required by
| 25731 |
division (D) of this section to notify the board of education of | 25732 |
the board of township trustees' intent to declare improvements to | 25733 |
be a public purpose, the board of township trustees shall comply | 25734 |
with the notice requirements imposed under section 5709.83 of the | 25735 |
Revised Code before taking formal action to adopt the resolution | 25736 |
making that declaration, unless the board of education has adopted | 25737 |
a resolution under that section waiving its right to receive the | 25738 |
notice. | 25739 |
(E)(1) If a proposed resolution under division (C)(1) of this | 25740 |
section exempts improvements with respect to a parcel within an | 25741 |
incentive district for more than ten years, or the percentage of | 25742 |
the improvement exempted from taxation exceeds seventy-five per | 25743 |
cent, not later than forty-five business days prior to adopting | 25744 |
the | 25745 |
deliver to the board of county commissioners of the county within | 25746 |
which the incentive district is or will be located a notice that | 25747 |
states its intent to adopt a resolution creating an incentive | 25748 |
district. The notice shall include a copy of the proposed | 25749 |
resolution, identify the parcels for which improvements are to be | 25750 |
exempted from taxation, provide an estimate of the true value in | 25751 |
money of the improvements, specify the period of time for which | 25752 |
the improvements would be exempted from taxation, specify the | 25753 |
percentage of the improvements that would be exempted from | 25754 |
taxation, and indicate the date on which the board of township | 25755 |
trustees intends to adopt the resolution. | 25756 |
(2) The board of county commissioners, by resolution adopted | 25757 |
by a majority of the board, may object to the exemption for the | 25758 |
number of years in excess of ten, may object to the exemption for | 25759 |
the percentage of the improvement to be exempted in excess of | 25760 |
seventy-five per cent, or both | 25761 |
25762 | |
board may negotiate | 25763 |
agreement with the board of township trustees | 25764 |
case shall the compensation provided to the board of county | 25765 |
commissioners exceed the property taxes foregone due to the | 25766 |
exemption. If the board of county commissioners objects, and the | 25767 |
board of county commissioners and board of township trustees fail | 25768 |
to negotiate a mutually acceptable compensation agreement, the | 25769 |
resolution adopted under division (C)(1) of this section shall | 25770 |
provide to the board of county commissioners compensation in the | 25771 |
eleventh and subsequent years of the exemption period | 25772 |
equal in value to not more than fifty per cent of the taxes that | 25773 |
would be payable to the county or, if the board of county | 25774 |
commissioner's objection includes an objection to an exemption | 25775 |
percentage in excess of seventy-five per cent, compensation equal | 25776 |
in value to not more than fifty per cent of the taxes that would | 25777 |
be payable to the county, on the portion of the improvement in | 25778 |
excess of seventy-five per cent, were that portion to be subject | 25779 |
to taxation. The board of county commissioners shall certify its | 25780 |
resolution to the board of township trustees not later than thirty | 25781 |
days after receipt of the notice. | 25782 |
(3) If the board of county commissioners does not object or | 25783 |
fails to certify its resolution objecting to an exemption within | 25784 |
thirty days after receipt of the notice, the board of township | 25785 |
trustees may adopt its resolution, and no compensation shall be | 25786 |
provided to the board of county commissioners. If the board of | 25787 |
county commissioners timely certifies its resolution objecting to | 25788 |
the trustees' resolution, the board of township trustees may adopt | 25789 |
its resolution at any time after | 25790 |
compensation agreement is agreed to by the board of county | 25791 |
commissioners and the board of township trustees, or, if no | 25792 |
compensation agreement is negotiated, at any time after the board | 25793 |
of township trustees agrees in the proposed resolution to provide | 25794 |
compensation to the board of county commissioners of fifty per | 25795 |
cent of the taxes that would be payable to the county in the | 25796 |
eleventh and subsequent years of the exemption period or on the | 25797 |
portion of the improvement in excess of seventy-five per cent, | 25798 |
were that portion to be subject to taxation. | 25799 |
(F) | 25800 |
Service payments in lieu of taxes that are attributable to any | 25801 |
amount by which the effective tax rate of either a renewal levy | 25802 |
with an increase or a replacement levy exceeds the effective tax | 25803 |
rate of the levy renewed or replaced, or that are attributable to | 25804 |
an additional levy, for a levy authorized by the voters for any of | 25805 |
the following purposes on or after January 1, 2006, and | 25806 |
25807 | |
creating an incentive district under division (C)(1) of this | 25808 |
section that is adopted on or after January 1, 2006, | 25809 |
25810 | |
25811 | |
forty-five days after the settlement required under division (A) | 25812 |
or (C) of section 321.24 of the Revised Code, to the appropriate | 25813 |
taxing authority in an amount equal to the amount of taxes that | 25814 |
would have been payable to that taxing authority from the | 25815 |
following levies were it not for the exemption authorized under | 25816 |
division (C) of this section | 25817 |
25818 | |
25819 |
(1) A tax levied under division (L) of section 5705.19 or | 25820 |
section 5705.191 of the Revised Code for community mental | 25821 |
retardation and developmental disabilities programs and services | 25822 |
pursuant to Chapter 5126. of the Revised Code; | 25823 |
(2) A tax levied under division (Y) of section 5705.19 of the | 25824 |
Revised Code for providing or maintaining senior citizens services | 25825 |
or facilities; | 25826 |
(3) A tax levied under section 5705.22 of the Revised Code | 25827 |
for county hospitals; | 25828 |
(4) A tax levied by a joint-county district or by a county | 25829 |
under section 5705.19, 5705.191, or 5705.221 of the Revised Code | 25830 |
for alcohol, drug addiction, and mental health services; | 25831 |
(5) A tax levied under section 5705.23 of the Revised Code | 25832 |
for library purposes; | 25833 |
(6) A tax levied under section 5705.24 of the Revised Code | 25834 |
for the support of children services and the placement and care of | 25835 |
children; | 25836 |
(7) A tax levied under division (Z) of section 5705.19 of the | 25837 |
Revised Code for the provision and maintenance of zoological park | 25838 |
services and facilities under section 307.76 of the Revised Code; | 25839 |
(8) A tax levied under section 511.27 or division (H) of | 25840 |
section 5705.19 of the Revised Code for the support of township | 25841 |
park districts; | 25842 |
(9) A tax levied under division (A), (F), or (H) of section | 25843 |
5705.19 of the Revised Code for parks and recreational purposes of | 25844 |
a joint recreation district organized pursuant to division (B) of | 25845 |
section 755.14 of the Revised Code; | 25846 |
(10) A tax levied under section 1545.20 or 1545.21 of the | 25847 |
Revised Code for park district purposes; | 25848 |
(11) A tax levied under section 5705.191 of the Revised Code | 25849 |
for the purpose of making appropriations for public assistance; | 25850 |
human or social services; public relief; public welfare; public | 25851 |
health and hospitalization; and support of general hospitals; | 25852 |
(12) A tax levied under section 3709.29 of the Revised Code | 25853 |
for a general health district program. | 25854 |
(G) An exemption from taxation granted under this section | 25855 |
commences
with the tax year specified in the resolution | 25856 |
25857 | |
after the effective date of the resolution. If the resolution | 25858 |
specifies a year commencing before the effective date of the | 25859 |
resolution or specifies no year whatsoever, the exemption | 25860 |
commences with the tax year in which an exempted improvement first | 25861 |
appears on the tax list and duplicate of real and public utility | 25862 |
property and that commences after the effective date of the | 25863 |
resolution. Except as otherwise provided in this division, the | 25864 |
exemption ends on the date specified in the resolution as the date | 25865 |
the improvement ceases to be a public purpose or the incentive | 25866 |
district expires, or ends on the date on which the public | 25867 |
infrastructure improvements and housing renovations are paid in | 25868 |
full from the township public improvement tax increment equivalent | 25869 |
fund established under section 5709.75 of the Revised Code, | 25870 |
whichever occurs first. The exemption of an improvement with | 25871 |
respect to a parcel or within an incentive district may end on a | 25872 |
later date, as specified in the resolution, if the board of | 25873 |
township trustees and the board of education of the city, local, | 25874 |
or exempted village school district within which the parcel or | 25875 |
district is located have entered into a compensation agreement | 25876 |
under section 5709.82 of the Revised Code with respect to the | 25877 |
improvement
| 25878 |
the term of the exemption under division (D) of this section, but | 25879 |
in no case shall the improvement be exempted from taxation for | 25880 |
more than thirty years. The board of township trustees may, by | 25881 |
majority vote, adopt a resolution permitting the township to enter | 25882 |
into such agreements as the board finds necessary or appropriate | 25883 |
to provide for the construction or undertaking of public | 25884 |
infrastructure improvements and housing renovations. Any exemption | 25885 |
shall be claimed and allowed in the same or a similar manner as in | 25886 |
the case of other real property exemptions. If an exemption status | 25887 |
changes during a tax year, the procedure for the apportionment of | 25888 |
the taxes for that year is the same as in the case of other | 25889 |
changes in tax exemption status during the year. | 25890 |
(H) The board of township trustees may issue the notes of the | 25891 |
township to finance all costs pertaining to the construction or | 25892 |
undertaking of public infrastructure improvements and housing | 25893 |
renovations made pursuant to this section. The notes shall be | 25894 |
signed by the board and attested by the signature of the township | 25895 |
fiscal officer, shall bear interest not to exceed the rate | 25896 |
provided in section 9.95 of the Revised Code, and are not subject | 25897 |
to Chapter 133. of the Revised Code. The resolution authorizing | 25898 |
the issuance of the notes shall pledge the funds of the township | 25899 |
public improvement tax increment equivalent fund established | 25900 |
pursuant to section 5709.75 of the Revised Code to pay the | 25901 |
interest on and principal of the notes. The notes, which may | 25902 |
contain a clause permitting prepayment at the option of the board, | 25903 |
shall be offered for sale on the open market or given to the | 25904 |
vendor or contractor if no sale is made. | 25905 |
(I) The township, not later than fifteen days after the | 25906 |
adoption of a resolution under this section, shall submit to the | 25907 |
director of development a copy of the resolution. On or before the | 25908 |
thirty-first day of March of each year, the township shall submit | 25909 |
a status report to the director of development. The report shall | 25910 |
indicate, in the manner prescribed by the director, the progress | 25911 |
of the project during each year that the exemption remains in | 25912 |
effect, including a summary of the receipts from service payments | 25913 |
in lieu of taxes;
expenditures of money from
| 25914 |
created under section 5709.75 of the Revised Code; a description | 25915 |
of the public infrastructure improvements and housing renovations | 25916 |
financed with the expenditures; and a quantitative summary of | 25917 |
changes in private investment resulting from each project. | 25918 |
(J) Nothing in this section shall be construed to prohibit a | 25919 |
board of township trustees from declaring to be a public purpose | 25920 |
improvements with respect to more than one parcel. | 25921 |
(K) A board of township trustees that adopted a resolution | 25922 |
under this section prior to July 21, 1994, may amend that | 25923 |
resolution to include any additional public infrastructure | 25924 |
improvement. A board of township trustees that seeks by the | 25925 |
amendment to utilize money from its township public improvement | 25926 |
tax increment equivalent fund for land acquisition in aid of | 25927 |
industry, commerce, distribution, or research, demolition on | 25928 |
private property, or stormwater and flood remediation projects may | 25929 |
do so provided that the board currently is a party to a | 25930 |
hold-harmless agreement with the board of education of the city, | 25931 |
local, or exempted village school district within the territory of | 25932 |
which are located the parcels that are subject to an exemption. | 25933 |
For the purposes of this division, a "hold-harmless agreement" | 25934 |
means an agreement under which the board of township trustees | 25935 |
agrees to compensate the school district for one hundred per cent | 25936 |
of the tax revenue that the school district would have received | 25937 |
from further improvements to parcels designated in the resolution | 25938 |
were it not for the exemption granted by the resolution. | 25939 |
Sec. 5709.74. (A) A township that has declared an | 25940 |
improvement to be a public purpose under section 5709.73 of the | 25941 |
Revised Code may require the owner of the parcel to make annual | 25942 |
service payments in lieu of taxes to the county treasurer on or | 25943 |
before the final dates for payment of real property taxes. Each | 25944 |
payment shall be charged and collected in the same manner and in | 25945 |
the same amount as the real property taxes that would have been | 25946 |
charged and payable against any improvement made on the parcel if | 25947 |
it were not exempt from taxation. If any reduction in the levies | 25948 |
otherwise applicable to the exempt property is made by the county | 25949 |
budget commission under section 5705.31 of the Revised Code, the | 25950 |
amount of the service payment in lieu of taxes shall be calculated | 25951 |
as if a reduction in levies had not been made. A township shall | 25952 |
not require an owner to make annual service payments in lieu of | 25953 |
taxes pursuant to this section after the date on which the | 25954 |
township has been paid back in full for the public infrastructure | 25955 |
improvements made pursuant to sections 5709.73 to 5709.75 of the | 25956 |
Revised Code. | 25957 |
(B) Moneys collected as service payments in lieu of taxes | 25958 |
shall be distributed at the same time and in the same manner as | 25959 |
real property tax payments. However, subject to section 5709.913 | 25960 |
of the Revised Code, the entire amount so collected shall be | 25961 |
distributed to the township in which the improvement is located. | 25962 |
If a parcel upon which moneys are collected as service payments in | 25963 |
lieu of taxes is annexed to a municipal corporation, the service | 25964 |
payments shall continue to be collected and distributed to the | 25965 |
township in which the parcel was located before its annexation | 25966 |
until the township is paid back in full for the cost of any public | 25967 |
infrastructure improvements it made on the parcel. The treasurer | 25968 |
shall maintain a record of the service payments in lieu of taxes | 25969 |
made from property in each township. | 25970 |
(C) If annual service payments in lieu of taxes are required | 25971 |
under this section, the county treasurer shall distribute to the | 25972 |
appropriate taxing authorities the portion of the service payments | 25973 |
that represent compensation payments required under division (F) | 25974 |
of section 5709.73 of the Revised Code. | 25975 |
(D) Nothing in this section or section 5709.73 of the Revised | 25976 |
Code affects the taxes levied against that portion of the value of | 25977 |
any parcel of property that is not exempt from taxation. | 25978 |
Sec. 5709.75. (A) Any township that receives service payments | 25979 |
in lieu of taxes under section 5709.74 of the Revised Code shall | 25980 |
establish a township public improvement tax increment equivalent | 25981 |
fund into which those payments shall be deposited. If the board of | 25982 |
township trustees has adopted a resolution under division (C) of | 25983 |
section 5709.73 of the Revised Code, the township shall establish | 25984 |
at least one account in that fund with respect to resolutions | 25985 |
adopted under division (B) of that section, and one account with | 25986 |
respect to each incentive district created by a resolution adopted | 25987 |
under division (C) of that section. If a resolution adopted under | 25988 |
division (C) of section 5709.73 of the Revised Code also | 25989 |
authorizes the use of service payments for housing renovations | 25990 |
within the incentive district, the township shall establish | 25991 |
separate accounts for the service payments designated for public | 25992 |
infrastructure improvements and for the service payments | 25993 |
authorized for the purpose of housing renovations. | 25994 |
(B) Except as otherwise provided in division (C) or (D) of | 25995 |
this section, money deposited in an account of the township public | 25996 |
improvement tax increment equivalent fund shall be used by the | 25997 |
township to pay the costs of public infrastructure improvements | 25998 |
designated in or the housing renovations authorized by the | 25999 |
resolution with respect to which the account is established, | 26000 |
including any interest on and principal of the notes; in the case | 26001 |
of an account established with respect to a resolution adopted | 26002 |
under division (C) of that section, money in the account shall be | 26003 |
used to finance the public infrastructure improvements designated, | 26004 |
or the housing renovations authorized, for each incentive district | 26005 |
created in the resolution. Money in an account shall not be used | 26006 |
to finance or support housing renovations that take place after | 26007 |
the incentive district has expired. | 26008 |
(C)(1)(a) A
township may | 26009 |
account to any school district in which the exempt property is | 26010 |
located in an amount not to exceed the amount of real property | 26011 |
taxes that such school district would have received from the | 26012 |
improvement if it were not exempt from taxation. The resolution | 26013 |
establishing the fund shall set forth the percentage of such | 26014 |
maximum amount that will be distributed to any affected school | 26015 |
district. | 26016 |
(b) A township also may distribute money in such an account | 26017 |
as follows: | 26018 |
(i) To a board of county commissioners, in the amount that is | 26019 |
owed to the board pursuant to division (E) of section 5709.73 of | 26020 |
the Revised Code; | 26021 |
(ii) To a county in accordance with section 5709.913 of the | 26022 |
Revised Code. | 26023 |
(2) Money from an account in a township public improvement | 26024 |
tax increment equivalent fund may be distributed under division | 26025 |
(C)(1)(b) of this section, regardless of the date a resolution was | 26026 |
adopted under section 5709.73 of the Revised Code that prompted | 26027 |
the establishment of the account, even if the resolution was | 26028 |
adopted prior to the effective date of this amendment. | 26029 |
(D) On or before January 1, 2007, a board of township | 26030 |
trustees that adopted a resolution under division (B) of section | 26031 |
5709.73 of the Revised Code before January 1, 1995, and that, with | 26032 |
respect to property exempted under such a resolution, is party to | 26033 |
a hold-harmless agreement, may appropriate and expend unencumbered | 26034 |
money in the fund to pay current public safety expenses of the | 26035 |
township. A township appropriating and expending money under this | 26036 |
division shall reimburse the fund for the sum so appropriated and | 26037 |
expended not later than the day the exemption granted under the | 26038 |
resolution expires. For the purposes of this division, a | 26039 |
"hold-harmless agreement" is an agreement with the board of | 26040 |
education of a city, local, or exempted village school district | 26041 |
under which the board of township trustees agrees to compensate | 26042 |
the school district for one hundred per cent of the tax revenue | 26043 |
the school district would have received from improvements to | 26044 |
parcels designated in the resolution were it not for the exemption | 26045 |
granted by the resolution. | 26046 |
(E) Any incidental surplus remaining in the township public | 26047 |
improvement tax increment equivalent fund or an account of that | 26048 |
fund upon dissolution of the account or fund shall be transferred | 26049 |
to the general fund of the township. | 26050 |
Sec. 5709.78. (A) A board of county commissioners may, by | 26051 |
resolution, declare improvements to certain parcels of real | 26052 |
property located in the unincorporated territory of the county to | 26053 |
be a
public purpose. Except | 26054 |
approval under division (C) of this section of the board of | 26055 |
education of each city, local, or exempted village school district | 26056 |
within which the improvements are located, not more than | 26057 |
seventy-five per cent of an improvement thus declared to be a | 26058 |
public purpose may be exempted from real property taxation, for a | 26059 |
period of not more than ten years. The resolution shall specify | 26060 |
the percentage of the improvement to be exempted and the life of | 26061 |
the exemption. | 26062 |
A resolution adopted under this division shall designate the | 26063 |
specific public infrastructure improvements made, to be made, or | 26064 |
in the process of being made by the county that directly benefit, | 26065 |
or that once made will directly benefit, the parcels for which | 26066 |
improvements are declared to be a public purpose. The service | 26067 |
payments provided for in section 5709.79 of the Revised Code shall | 26068 |
be used to finance the public infrastructure improvements | 26069 |
designated in the resolution, or as provided in section 5709.80 of | 26070 |
the Revised Code. | 26071 |
(B)(1) A board of county commissioners may adopt a resolution | 26072 |
creating an incentive district and declaring improvements to | 26073 |
parcels within the district to be a public purpose and, except as | 26074 |
provided in division (E) of this section, exempt from taxation as | 26075 |
provided in this section, but no board of county commissioners of | 26076 |
a county that has a population that exceeds twenty-five thousand, | 26077 |
as shown by the most recent federal decennial census, shall adopt | 26078 |
a resolution that creates an incentive district if | 26079 |
26080 | |
real property in the proposed district for the preceding tax year | 26081 |
and the taxable value of all real property in the county that | 26082 |
would have been taxable in the preceding year were it not for the | 26083 |
fact that the property was in an existing incentive district and | 26084 |
therefore exempt from taxation exceeds twenty-five per cent of the | 26085 |
26086 | |
26087 | |
26088 | |
26089 | |
26090 | |
26091 | |
taxable value of real property in the county for the preceding tax | 26092 |
year. The district shall be located within the unincorporated | 26093 |
territory of the county and shall not include any territory that | 26094 |
is included within a district created under division (C) of | 26095 |
section 5709.73 of the Revised Code. The resolution shall | 26096 |
delineate the boundary of the district and specifically identify | 26097 |
each parcel within the district. A district may not include any | 26098 |
parcel that is or has been exempted from taxation under division | 26099 |
(A) of this section or that is or has been within another district | 26100 |
created under this division. A resolution may create more than one | 26101 |
such district, and more than one resolution may be adopted under | 26102 |
division (B)(1) of this section. | 26103 |
(2) Not later than thirty days prior to adopting a resolution | 26104 |
under division (B)(1) of this section, if the county intends to | 26105 |
apply for exemptions from taxation under section 5709.911 of the | 26106 |
Revised Code on behalf of owners of real property located within | 26107 |
the proposed incentive district, the board of county commissioners | 26108 |
shall conduct a public hearing on the proposed resolution. Not | 26109 |
later than thirty days prior to the public hearing, the board | 26110 |
shall give notice of the public hearing and the proposed | 26111 |
resolution by first class mail to every real property owner whose | 26112 |
property is located within the boundaries of the proposed | 26113 |
incentive district that is the subject of the proposed resolution. | 26114 |
The board also shall provide the notice by first class mail to the | 26115 |
clerk of each township in which the proposed incentive district | 26116 |
will be located. | 26117 |
(3)(a) A resolution adopted under division (B)(1) of this | 26118 |
section shall specify the life of the incentive district and the | 26119 |
percentage of the improvements to be exempted, shall designate the | 26120 |
public infrastructure improvements made, to be made, or in the | 26121 |
process of being made, that benefit or serve, or, once made, will | 26122 |
benefit or serve parcels in the district. The resolution also | 26123 |
shall identify one or more specific projects being, or to be, | 26124 |
undertaken in the district that place additional demand on the | 26125 |
public infrastructure improvements designated in the resolution. | 26126 |
The project identified may, but need not be, the project under | 26127 |
division (B)(3)(b) of this section that places real property in | 26128 |
use for commercial or industrial purposes. | 26129 |
A resolution adopted under division (B)(1) of this section on | 26130 |
or after the effective date of this amendment shall not designate | 26131 |
police or fire equipment as public infrastructure improvements, | 26132 |
and no service payment provided for in section 5709.79 of the | 26133 |
Revised Code and received by the county under the resolution shall | 26134 |
be used for police or fire equipment. | 26135 |
(b) A resolution adopted under division (B)(1) of this | 26136 |
section may authorize the use of service payments provided for in | 26137 |
section 5709.79 of the Revised Code for the purpose of housing | 26138 |
renovations within the incentive district, provided that the | 26139 |
resolution also designates public infrastructure improvements that | 26140 |
benefit or serve the district, and that a project within the | 26141 |
district places real property in use for commercial or industrial | 26142 |
purposes. Service payments may be used to finance or support | 26143 |
loans, deferred loans, and grants to persons for the purpose of | 26144 |
housing renovations within the district. The resolution shall | 26145 |
designate the parcels within the district that are eligible for | 26146 |
housing renovations. The resolution shall state separately the | 26147 |
amount or the percentages of the expected aggregate service | 26148 |
payments that are designated for each public infrastructure | 26149 |
improvement and for the purpose of housing renovations. | 26150 |
(4) Except with the approval of the board of education of | 26151 |
each city, local, or exempted village school district within the | 26152 |
territory of which the incentive district is or will be located, | 26153 |
and subject to division (D) of this section, the life of an | 26154 |
incentive district shall not exceed ten years, and the percentage | 26155 |
of improvements to be exempted shall not exceed seventy-five per | 26156 |
cent. With approval of the board of education, the life of a | 26157 |
district may be not more than thirty years, and the percentage of | 26158 |
improvements to be exempted may be not more than one hundred per | 26159 |
cent. The approval | 26160 |
| 26161 |
manner provided in division (C) of this section | 26162 |
26163 | |
26164 | |
26165 | |
26166 | |
26167 | |
26168 | |
26169 | |
26170 |
(C)(1) Improvements with respect to a parcel may be exempted | 26171 |
from taxation under division (A) of this section, and improvements | 26172 |
to parcels within an incentive district may be exempted from | 26173 |
taxation under division (B) of this section, for up to ten years | 26174 |
or, with the approval of the board of education of the city, | 26175 |
local, or exempted village school district within which the parcel | 26176 |
or district is located, for up to thirty years. The percentage of | 26177 |
the improvements exempted from taxation may, with such approval, | 26178 |
exceed seventy-five per cent, but shall not exceed one hundred per | 26179 |
cent. Not later than forty-five business days prior to adopting a | 26180 |
resolution under this section declaring improvements to be a | 26181 |
public purpose that is subject to the approval of a board of | 26182 |
education under this division, the board of county commissioners | 26183 |
shall deliver to the board of education a notice stating its | 26184 |
intent to adopt a resolution making that declaration. The notice | 26185 |
regarding improvements with respect to a parcel under division (A) | 26186 |
of this section shall identify the parcels for which improvements | 26187 |
are to be exempted from taxation, provide an estimate of the true | 26188 |
value in money of the improvements, specify the period for which | 26189 |
the improvements would be exempted from taxation and the | 26190 |
percentage of the improvements that would be exempted, and | 26191 |
indicate the date on which the board of county commissioners | 26192 |
intends to adopt the resolution. The notice regarding improvements | 26193 |
to parcels within an incentive district under division (B) of this | 26194 |
section shall delineate the boundaries of the district, | 26195 |
specifically identify each parcel within the district, identify | 26196 |
each anticipated improvement in the district, provide an estimate | 26197 |
of the true value in money of each such improvement, specify the | 26198 |
life of the district and the percentage of improvements that would | 26199 |
be exempted, and indicate the date on which the board of county | 26200 |
commissioners intends to adopt the resolution. The board of | 26201 |
education, by resolution adopted by a majority of the board, may | 26202 |
approve the exemption for the period or for the exemption | 26203 |
percentage specified
in the notice | 26204 |
for the number of years in excess of ten, may disapprove the | 26205 |
exemption for the percentage of the improvements to be exempted in | 26206 |
excess of
seventy-five per cent,
or both | 26207 |
exemption on the condition that the board of county commissioners | 26208 |
and the board of education negotiate an agreement providing for | 26209 |
compensation to the school district equal in value to a percentage | 26210 |
of the amount of taxes exempted in the eleventh and subsequent | 26211 |
years of the exemption period or, in the case of exemption | 26212 |
percentages in excess of seventy-five per cent, compensation equal | 26213 |
in value to a percentage of the taxes that would be payable on the | 26214 |
portion of the improvements in excess of seventy-five per cent | 26215 |
were that portion to be subject to taxation, or other mutually | 26216 |
agreeable compensation.
| 26217 |
(2) The board of education shall certify its resolution to | 26218 |
the board of county commissioners not later than fourteen days | 26219 |
prior to the date the board of county commissioners intends to | 26220 |
adopt its resolution as indicated in the notice. If the board of | 26221 |
education and the board of county commissioners negotiate a | 26222 |
mutually acceptable compensation agreement, the resolution of the | 26223 |
board of county commissioners may declare the improvements a | 26224 |
public purpose for the number of years specified in that | 26225 |
resolution or, in the case of exemption percentages in excess of | 26226 |
seventy-five per cent, for the exemption percentage specified in | 26227 |
the resolution. In either case, if the board of education and the | 26228 |
board of county commissioners fail to negotiate a mutually | 26229 |
acceptable compensation agreement, the resolution may declare the | 26230 |
improvements a public
purpose for
not
more than ten years, | 26231 |
shall not exempt more than seventy-five per cent of the | 26232 |
improvements from taxation. If the board of education fails to | 26233 |
certify a resolution to the board of county commissioners within | 26234 |
the time prescribed by this section, the board of county | 26235 |
commissioners thereupon may adopt the resolution and may declare | 26236 |
the improvements a public purpose for up to thirty years or, in | 26237 |
the case of exemption percentages proposed in excess of | 26238 |
seventy-five per cent, for the exemption percentage specified in | 26239 |
the resolution. The board of county commissioners may adopt the | 26240 |
resolution at any time after the board of education certifies its | 26241 |
resolution approving the exemption to the board of county | 26242 |
commissioners, or, if the board of education approves the | 26243 |
exemption on the condition that a mutually acceptable compensation | 26244 |
agreement be negotiated, at any time after the compensation | 26245 |
agreement is agreed to by the board of education and the board of | 26246 |
county commissioners. | 26247 |
| 26248 |
waiving its right to approve exemptions from taxation under this | 26249 |
section and the resolution remains in effect, approval of such | 26250 |
exemptions by the board of education is not required under | 26251 |
division
(C) | 26252 |
adopted a resolution allowing a board of county commissioners to | 26253 |
deliver the notice
required under
division
(C) | 26254 |
fewer than forty-five business days prior to approval of the | 26255 |
resolution by the board of county commissioners, the board of | 26256 |
county commissioners shall deliver the notice to the board of | 26257 |
education not later than the number of days prior to such approval | 26258 |
as prescribed by the board of education in its resolution. If a | 26259 |
board of education adopts a resolution waiving its right to | 26260 |
approve exemptions or shortening the notification period, the | 26261 |
board of education shall certify a copy of the resolution to the | 26262 |
board of county commissioners. If the board of education rescinds | 26263 |
such a resolution, it shall certify notice of the rescission to | 26264 |
the board of county commissioners. | 26265 |
(D)(1) If a proposed resolution under division (B)(1) of this | 26266 |
section exempts improvements with respect to a parcel within an | 26267 |
incentive district for more than ten years, or the percentage of | 26268 |
the improvement exempted from taxation exceeds seventy-five per | 26269 |
cent, not later than forty-five business days prior to adopting | 26270 |
the | 26271 |
deliver to the board of township trustees of any township | 26272 |
26273 | |
the incentive district is or will be located a notice that states | 26274 |
its intent to adopt a resolution creating an incentive district. | 26275 |
The notice shall include a copy of the proposed resolution, | 26276 |
identify the parcels for which improvements are to be exempted | 26277 |
from taxation, provide an estimate of the true value in money of | 26278 |
the improvements, specify the period of time for which the | 26279 |
improvements would be exempted from taxation, specify the | 26280 |
percentage of the improvements that would be exempted from | 26281 |
taxation, and indicate the date on which the board intends to | 26282 |
adopt the resolution. | 26283 |
(2) The board of township trustees | 26284 |
26285 | |
majority of the board, may object to the exemption for the number | 26286 |
of years in excess of ten, may object to the exemption for the | 26287 |
percentage of the improvement to be exempted in excess of | 26288 |
seventy-five per cent, or both | 26289 |
26290 | |
26291 | |
26292 | |
compensation agreement with the board of county commissioners | 26293 |
26294 | |
of township trustees exceed the property taxes foregone due to the | 26295 |
exemption. If the board of township trustees objects, and the | 26296 |
board of township trustees and the board of county commissioners | 26297 |
fail to negotiate a mutually acceptable compensation agreement, | 26298 |
the resolution adopted under division (B)(1) of this section shall | 26299 |
provide to the board of township trustees | 26300 |
26301 | |
years of the exemption period | 26302 |
more than fifty per cent of the taxes that would be payable to the | 26303 |
township | 26304 |
trustee's objection includes an objection to an exemption | 26305 |
percentage in excess of seventy-five per cent, compensation equal | 26306 |
in value to not more than fifty per cent of the taxes that would | 26307 |
be payable to the township on the portion of the improvement in | 26308 |
excess of seventy-five per cent, were that portion to be subject | 26309 |
to taxation. The board of township trustees | 26310 |
26311 | |
commissioners not later than thirty days after receipt of the | 26312 |
notice. | 26313 |
(3) If the board of township trustees | 26314 |
26315 | |
certify a resolution objecting to an exemption within thirty days | 26316 |
after receipt of the notice, the board of county commissioners may | 26317 |
adopt its resolution, and no compensation shall be provided to the | 26318 |
board of township trustees | 26319 |
board of township trustees | 26320 |
26321 | |
objecting to the commissioners' resolution, the board of county | 26322 |
commissioners may adopt its resolution at any time after | 26323 |
mutually acceptable compensation | 26324 |
agreed to by the board of county commissioners and the | 26325 |
26326 | |
board of township trustees | 26327 |
26328 | |
the commissioners' resolution, the board of county commissioners | 26329 |
may adopt its resolution at any time after | 26330 |
acceptable compensation agreement is agreed to by the board of | 26331 |
county commissioners and the board | 26332 |
township trustees, or, if no compensation agreement is negotiated, | 26333 |
at any time after the board of county commissioners | 26334 |
proposed resolution to provide compensation to the board of | 26335 |
township trustees | 26336 |
per cent of the taxes that would be payable to the township | 26337 |
26338 | |
exemption period or on the portion of the improvement in excess of | 26339 |
seventy-five per cent, were that portion to be subject to | 26340 |
taxation. | 26341 |
(E) | 26342 |
Service payments in lieu of taxes that are attributable to any | 26343 |
amount by which the effective tax rate of either a renewal levy | 26344 |
with an increase or a replacement levy exceeds the effective tax | 26345 |
rate of the levy renewed or replaced, or that are attributable to | 26346 |
an additional levy, for a levy authorized by the voters for any of | 26347 |
the following purposes on or after January 1, 2006, and | 26348 |
26349 | |
creating an incentive district under division (B)(1) of this | 26350 |
section that is adopted on or after January 1, 2006, | 26351 |
26352 | |
26353 | |
forty-five days after the settlement required under division (A) | 26354 |
or (C) of section 321.24 of the Revised Code, to the appropriate | 26355 |
taxing authority in an amount equal to the amount of taxes that | 26356 |
would have been payable to that taxing authority from the | 26357 |
following levies were it not for the exemption authorized under | 26358 |
division | 26359 |
26360 | |
26361 |
(1) A tax levied under division (L) of section 5705.19 or | 26362 |
section 5705.191 of the Revised Code for community mental | 26363 |
retardation and developmental disabilities programs and services | 26364 |
pursuant to Chapter 5126. of the Revised Code; | 26365 |
(2) A tax levied under division (Y) of section 5705.19 of the | 26366 |
Revised Code for providing or maintaining senior citizens services | 26367 |
or facilities; | 26368 |
(3) A tax levied under section 5705.22 of the Revised Code | 26369 |
for county hospitals; | 26370 |
(4) A tax levied by a joint-county district or by a county | 26371 |
under section 5705.19, 5705.191, or 5705.221 of the Revised Code | 26372 |
for alcohol, drug addiction, and mental health services; | 26373 |
(5) A tax levied under section 5705.23 of the Revised Code | 26374 |
for library purposes; | 26375 |
(6) A tax levied under section 5705.24 of the Revised Code | 26376 |
for the support of children services and the placement and care of | 26377 |
children; | 26378 |
(7) A tax levied under division (Z) of section 5705.19 of the | 26379 |
Revised Code for the provision and maintenance of zoological park | 26380 |
services and facilities under section 307.76 of the Revised Code; | 26381 |
(8) A tax levied under section 511.27 or division (H) of | 26382 |
section 5705.19 of the Revised Code for the support of township | 26383 |
park districts; | 26384 |
(9) A tax levied under division (A), (F), or (H) of section | 26385 |
5705.19 of the Revised Code for parks and recreational purposes of | 26386 |
a joint recreation district organized pursuant to division (B) of | 26387 |
section 755.14 of the Revised Code; | 26388 |
(10) A tax levied under section 1545.20 or 1545.21 of the | 26389 |
Revised Code for park district purposes; | 26390 |
(11) A tax levied under section 5705.191 of the Revised Code | 26391 |
for the purpose of making appropriations for public assistance; | 26392 |
human or social services; public relief; public welfare; public | 26393 |
health and hospitalization; and support of general hospitals; | 26394 |
(12) A tax levied under section 3709.29 of the Revised Code | 26395 |
for a general health district program. | 26396 |
(F) An exemption from taxation granted under this section | 26397 |
commences
with the tax year specified in the resolution | 26398 |
26399 | |
after the effective date of the resolution. If the resolution | 26400 |
specifies a year commencing before the effective date of the | 26401 |
resolution or specifies no year whatsoever, the exemption | 26402 |
commences with the tax year in which an exempted improvement first | 26403 |
appears on the tax list and duplicate of real and public utility | 26404 |
property and that commences after the effective date of the | 26405 |
resolution. Except as otherwise provided in this division, the | 26406 |
exemption ends on the date specified in the resolution as the date | 26407 |
the improvement ceases to be a public purpose or the incentive | 26408 |
district expires, or ends on the date on which the county can no | 26409 |
longer require annual service payments in lieu of taxes under | 26410 |
section 5709.79 of the Revised Code, whichever occurs first. The | 26411 |
exemption of an improvement with respect to a parcel or within an | 26412 |
incentive district may end on a later date, as specified in the | 26413 |
resolution, if the board of commissioners and the board of | 26414 |
education of the city, local, or exempted village school district | 26415 |
within which the parcel or district is located have entered into a | 26416 |
compensation agreement under section 5709.82 of the Revised Code | 26417 |
with respect
to the improvement
| 26418 |
education has approved the term of the exemption under division | 26419 |
(C)(1) of this section, but in no case shall the improvement be | 26420 |
exempted from taxation for more than thirty years. Exemptions | 26421 |
shall be claimed and allowed in the same or a similar manner as in | 26422 |
the case of other real property exemptions. If an exemption status | 26423 |
changes during a tax year, the procedure for the apportionment of | 26424 |
the taxes for that year is the same as in the case of other | 26425 |
changes in tax exemption status during the year. | 26426 |
(G) If the board of county commissioners is not required by | 26427 |
this section to notify the board of education of the board of | 26428 |
county commissioners' intent to declare improvements to be a | 26429 |
public purpose, the board of county commissioners shall comply | 26430 |
with the notice requirements imposed under section 5709.83 of the | 26431 |
Revised Code before taking formal action to adopt the resolution | 26432 |
making that declaration, unless the board of education has adopted | 26433 |
a resolution under that section waiving its right to receive such | 26434 |
a notice. | 26435 |
(H) The county, not later than fifteen days after the | 26436 |
adoption of a resolution under this section, shall submit to the | 26437 |
director of development a copy of the resolution. On or before the | 26438 |
thirty-first day of March of each year, the county shall submit a | 26439 |
status report to the director of development. The report shall | 26440 |
indicate, in the manner prescribed by the director, the progress | 26441 |
of the project during each year that an exemption remains in | 26442 |
effect, including a summary of the receipts from service payments | 26443 |
in lieu of taxes;
expenditures of money from
| 26444 |
created under section | 26445 |
description of the public infrastructure improvements and housing | 26446 |
renovations financed with such expenditures; and a quantitative | 26447 |
summary of changes in employment and private investment resulting | 26448 |
from each project. | 26449 |
(I) Nothing in this section shall be construed to prohibit a | 26450 |
board of county commissioners from declaring to be a public | 26451 |
purpose improvements with respect to more than one parcel. | 26452 |
Sec. 5709.79. (A) A board of county commissioners that | 26453 |
adopts a resolution under section 5709.78 of the Revised Code | 26454 |
shall in the resolution require that the owner of the improvement | 26455 |
make annual service payments in lieu of taxes to the county | 26456 |
treasurer on or before the final dates for payment of real | 26457 |
property taxes. Each such payment shall be charged and collected | 26458 |
in the same manner and in the same amount as the real property | 26459 |
taxes that would have been charged and payable against the | 26460 |
improvement if its value were not exempt from taxation. If any | 26461 |
reduction in the levies otherwise applicable to the improvement is | 26462 |
made by the county budget commission under section 5705.31 of the | 26463 |
Revised Code, the amount of the service payment in lieu of taxes | 26464 |
shall be calculated as if the reduction in levies had not been | 26465 |
made. | 26466 |
(B) The county shall not require the owner to make annual | 26467 |
service payments in lieu of taxes pursuant to this section after | 26468 |
the date on which one of the following occurs: | 26469 |
| 26470 |
307.082 or 5709.81 of the Revised Code for any public | 26471 |
infrastructure improvements benefiting the parcel on which the | 26472 |
improvement is located, or for any housing renovations within an | 26473 |
incentive district, and if service payments were not pledged | 26474 |
pursuant to division (B) of section 5709.81 of the Revised Code, | 26475 |
the date the county has collected sufficient money in the | 26476 |
applicable account of the redevelopment tax equivalent fund to pay | 26477 |
the cost of constructing or repairing the public infrastructure | 26478 |
improvements designated in, or the housing renovations authorized | 26479 |
by, the resolution adopted under section 5709.78 of the Revised | 26480 |
Code; | 26481 |
| 26482 |
section 5709.81 of the Revised Code to secure payment of any | 26483 |
obligation issued to finance the public infrastructure improvement | 26484 |
and housing renovations, the date the purposes for which the | 26485 |
payments were pledged are paid in full; | 26486 |
| 26487 |
5709.81 of the Revised Code, the date the interest on and | 26488 |
principal of such bonds and notes have been paid in full. | 26489 |
(C) Money collected as service payments in lieu of taxes | 26490 |
shall be distributed at the same time and in the same manner as | 26491 |
real property tax payments. However, subject to section 5709.914 | 26492 |
of the Revised Code, the entire amount so collected shall be | 26493 |
distributed to the county in which the parcel is located. The | 26494 |
county treasurer shall maintain a record of the service payments | 26495 |
in lieu of taxes made for each parcel. If a parcel upon which | 26496 |
moneys are collected as service payments in lieu of taxes is | 26497 |
annexed to a municipal corporation, the service payments shall | 26498 |
continue to be collected and distributed to the county until the | 26499 |
date described in division | 26500 |
this section. | 26501 |
(D) The county treasurer shall distribute to the appropriate | 26502 |
taxing authorities the portion of the annual service payments in | 26503 |
lieu of taxes that represents compensation payments required under | 26504 |
division (E) of section 5709.78 of the Revised Code. | 26505 |
(E) Nothing in this section or section 5709.78 of the Revised | 26506 |
Code affects the taxes levied against that portion of the value of | 26507 |
any parcel that is not exempt from taxation. | 26508 |
Sec. 5709.80. (A) The board of county commissioners of a | 26509 |
county that receives service payments in lieu of taxes under | 26510 |
section 5709.79 of the Revised Code shall establish a | 26511 |
redevelopment tax equivalent fund into which those payments shall | 26512 |
be deposited. Separate accounts shall be established in the fund | 26513 |
for each resolution adopted by the board of county commissioners | 26514 |
under section 5709.78 of the Revised Code. If the board of county | 26515 |
commissioners has adopted a resolution under division (B) of that | 26516 |
section, the county shall establish an account for each incentive | 26517 |
district created in that resolution. If a resolution adopted under | 26518 |
division (B) of section 5709.78 of the Revised Code also | 26519 |
authorizes the use of service payments for housing renovations | 26520 |
within the incentive district, the county shall establish separate | 26521 |
accounts for the service payments designated for public | 26522 |
infrastructure improvements and for the service payments | 26523 |
authorized for the purpose of housing
renovations.
| 26524 |
(B) Moneys deposited into each account of the fund shall be | 26525 |
used by the county to pay the cost of constructing or repairing | 26526 |
the public infrastructure improvements designated in, or the | 26527 |
housing renovations authorized by, the resolution, or for each | 26528 |
incentive district for which the account is established, to pay | 26529 |
the interest on and principal of bonds or notes issued under | 26530 |
division (B) of section 307.082 or division (A) of section 5709.81 | 26531 |
of the Revised Code, or for the purposes pledged under division | 26532 |
(B) of section 5709.81 of the Revised Code. Money in an account | 26533 |
shall not be used to finance or support housing renovations that | 26534 |
take place after the incentive district
has
expired. | 26535 |
(C)(1)(a) The board of county
commissioners
may | 26536 |
distribute money in an account to any school district in which the | 26537 |
exempt property is located in an amount not to exceed the amount | 26538 |
of real property taxes that such school district would have | 26539 |
received from the improvement if it were not exempt from taxation. | 26540 |
The resolution under which an account is established shall set | 26541 |
forth the percentage of such maximum amount that will be | 26542 |
distributed to
any affected school
district. | 26543 |
(b) A board of county commissioners also may distribute money | 26544 |
in such an account as follows: | 26545 |
(i) To a board of township trustees or legislative authority | 26546 |
of a municipal corporation, as applicable, in the amount that is | 26547 |
owed to the board of township trustees or legislative authority | 26548 |
pursuant to division (D) of section 5709.78 of the Revised Code; | 26549 |
(ii) To a township in accordance with section 5709.914 of the | 26550 |
Revised Code. | 26551 |
(2) Money from an account in the redevelopment tax equivalent | 26552 |
fund may be distributed under division (C)(1)(b) of this section, | 26553 |
regardless of the date a resolution was adopted under section | 26554 |
5709.78 of the Revised Code that prompted the establishment of the | 26555 |
account, even if the resolution was adopted prior to the effective | 26556 |
date of this amendment. | 26557 |
(D) An account dissolves upon fulfillment of the purposes for | 26558 |
which money in the account may be used. An incidental surplus | 26559 |
remaining in an account upon its dissolution shall be transferred | 26560 |
to the general fund of the county. | 26561 |
Sec. 5711.01. As used in this chapter: | 26562 |
(A) "Taxable property" includes all the kinds of property | 26563 |
mentioned in division (B) of section 5709.01 and section 5709.02 | 26564 |
of the Revised Code, and also the amount or value as of the date | 26565 |
of conversion of all taxable property converted into bonds or | 26566 |
other securities not taxed on or after the first day of November | 26567 |
in the year preceding the date of listing, and of all other | 26568 |
taxable property converted into deposits after the date as of | 26569 |
which deposits are required to be listed in such year, except in | 26570 |
the usual course of the taxpayer's business, to the extent the | 26571 |
taxpayer may hold or control such bonds, securities, or deposits | 26572 |
on such day, without deduction for indebtedness created in the | 26573 |
purchase of such bonds or securities from the taxpayer's credits. | 26574 |
"Taxable property" does not include such investments and deposits | 26575 |
as are taxable at the source as provided in sections 5725.01 to | 26576 |
5725.26 of the Revised Code, surrender values under policies of | 26577 |
insurance, or any tangible personal property acquired from a | 26578 |
public utility or interexchange telecommunications company as | 26579 |
defined in section 5727.01 of the Revised Code | 26580 |
the public utility or interexchange telecommunications company | 26581 |
pursuant to a sale and leaseback transaction as defined in | 26582 |
division (I) of section 5727.01 of the Revised Code. For tax year | 26583 |
2007 and thereafter, "taxable property" of a telephone, telegraph, | 26584 |
or interexchange telecommunications company, as defined in section | 26585 |
5727.01 of the Revised Code, includes property subject to such a | 26586 |
sale and leaseback transaction. | 26587 |
For tax year 2007 and thereafter, taxable property leased to | 26588 |
a telephone, telegraph, or interexchange telecommunications | 26589 |
company, as defined in section 5727.01 of the Revised Code, shall | 26590 |
be listed and assessed by the owner of the property at the | 26591 |
percentage of true value in money required under division (H) of | 26592 |
section 5711.22 of the Revised Code. | 26593 |
(B) "Taxpayer" means any owner of taxable property, including | 26594 |
property exempt under division (C) of section 5709.01 of the | 26595 |
Revised Code, and includes every person residing in, or | 26596 |
incorporated or organized by or under the laws of this state, or | 26597 |
doing business in this state, or owning or having a beneficial | 26598 |
interest in taxable personal property in this state and every | 26599 |
fiduciary required by sections 5711.01 to 5711.36 of the Revised | 26600 |
Code, to make a return for or on behalf of another. For tax year | 26601 |
2007 and thereafter, "taxpayer" includes telephone companies, | 26602 |
telegraph companies, and interexchange telecommunications company | 26603 |
as defined in section 5727.01 of the Revised Code. The tax | 26604 |
commissioner may by rule define and designate the taxpayer, as to | 26605 |
any taxable property which would not otherwise be required by this | 26606 |
section to be returned; and any such rule shall be considered | 26607 |
supplementary to the enumeration of kinds of taxpayers following: | 26608 |
(1) Individuals of full age and sound mind residing in this | 26609 |
state; | 26610 |
(2) Partnerships, corporations, associations, and joint-stock | 26611 |
companies, under whatever laws organized or existing, doing | 26612 |
business or having taxable property in this state; and | 26613 |
corporations incorporated by or organized under the laws of this | 26614 |
state, wherever their actual business is conducted; | 26615 |
(3) Fiduciaries appointed by any court in this state or | 26616 |
having title, possession, or custody of taxable personal property | 26617 |
in this state or engaged in business in this state; | 26618 |
(4) Unincorporated mutual funds. | 26619 |
Taxpayer excludes all individuals, partnerships, | 26620 |
corporations, associations, and joint-stock companies, their | 26621 |
executors, administrators, and receivers who are defined in Title | 26622 |
LVII of the Revised Code as financial institutions, dealers in | 26623 |
intangibles, domestic insurance companies, or public utilities, | 26624 |
except to the extent they may be required by sections 5711.01 to | 26625 |
5711.36 of the Revised Code, to make returns as fiduciaries, or by | 26626 |
section 5725.26 of the Revised Code, to make returns of property | 26627 |
leased, or held for the purpose of leasing, to others if the owner | 26628 |
or lessor of the property acquired it for the sole purpose of | 26629 |
leasing it to others or to the extent that property is taxable | 26630 |
under section 5725.25 of the Revised Code. | 26631 |
(C) "Return" means the taxpayer's annual report of taxable | 26632 |
property. | 26633 |
(D) "List" means the designation, in a return, of the | 26634 |
description of taxable property, the valuation or amount thereof, | 26635 |
the name of the owner, and the taxing district where assessable. | 26636 |
(E) "Taxing district" means, in the case of property | 26637 |
assessable on the classified tax list and duplicate, a municipal | 26638 |
corporation or the territory in a county outside the limits of all | 26639 |
municipal corporations therein; in the case of property assessable | 26640 |
on the general tax list and duplicate, a municipal corporation or | 26641 |
township, or part thereof, in which the aggregate rate of taxation | 26642 |
is uniform. | 26643 |
(F) "Assessor" includes the tax commissioner and the county | 26644 |
auditor as deputy of the commissioner. | 26645 |
(G) "Fiduciary" includes executors, administrators, parents, | 26646 |
guardians, receivers, assignees, official custodians, factors, | 26647 |
bailees, lessees, agents, attorneys, and employees, but does not | 26648 |
include trustees unless the sense so requires. | 26649 |
(H) "General tax list and duplicate" means the books or | 26650 |
records containing the assessments of property subject to local | 26651 |
tax levies. | 26652 |
(I) "Classified tax list and duplicate" means the books or | 26653 |
records containing the assessments of property not subject to | 26654 |
local tax levies. | 26655 |
(J) "Investment company" means any corporation, the shares of | 26656 |
which are regularly offered for sale to the public, engaged solely | 26657 |
in the business of investing and reinvesting funds in real | 26658 |
property or investments, or holding or selling real property or | 26659 |
investments for the purpose of realizing income or profit which is | 26660 |
distributed to its shareholders. Investment company does not | 26661 |
include any dealer in intangibles, as defined in section 5725.01 | 26662 |
of the Revised Code. | 26663 |
(K) "Unincorporated mutual fund" means any partnership, each | 26664 |
partner of which is a corporation, engaged solely in the business | 26665 |
of investing and reinvesting funds in investments, or holding or | 26666 |
selling investments for the purpose of realizing income or profit | 26667 |
which is distributed to its partners and which is subject to | 26668 |
Chapter 1707. of the Revised Code. An unincorporated mutual fund | 26669 |
does not include any dealer in intangibles as defined in section | 26670 |
5725.01 of the Revised Code. | 26671 |
Sec. 5725.221. For the purposes of this section, interest | 26672 |
shall be computed at a rate per calendar month, rounded to the | 26673 |
nearest one-hundredth of one per cent, equal to one-twelfth of the | 26674 |
rate per annum prescribed by section 5703.47 of the Revised Code | 26675 |
for the calendar year that includes the month for which the | 26676 |
interest accrues. | 26677 |
(A) When taxes levied by | 26678 |
26679 | |
a tax return being filed late, the treasurer of state shall add | 26680 |
interest to the taxes due. The interest shall accrue from the | 26681 |
first day of the month following the last day on which such taxes | 26682 |
were required to be paid, had the assessment been certified by the | 26683 |
date prescribed, to the last day of the month preceding the date | 26684 |
on which the assessment was certified, and shall be computed on | 26685 |
the taxes due. | 26686 |
(B) If an assessment has been certified pursuant to section | 26687 |
5711.13, 5725.08, 5725.16, 5725.20, or | 26688 |
Revised Code and an amended or final assessment is certified for | 26689 |
the same taxpayer and the same tax year, the treasurer of state | 26690 |
shall add interest to the deficiency or excess. The interest shall | 26691 |
be computed on the excess or deficiency, and shall be accrued in | 26692 |
the following manner: | 26693 |
(1) On a deficiency, interest shall accrue from the first day | 26694 |
of the month following the last day on which the previous | 26695 |
assessment was required to be paid, to the last day of the month | 26696 |
preceding the date on which the amended or final assessment is | 26697 |
certified; | 26698 |
(2) On an excess, interest shall be allowed from the first | 26699 |
day of the month following the date of payment of the previous | 26700 |
assessment, to the last day of the month preceding the date on | 26701 |
which the amended or final assessment is certified. | 26702 |
Sec. 5725.222. (A) An application to refund to a domestic | 26703 |
insurance company any taxes imposed by section 3737.71 of the | 26704 |
Revised Code or this chapter that are overpaid, paid illegally or | 26705 |
erroneously, or paid on any illegal, erroneous, or excessive | 26706 |
assessment, with interest thereon as provided by section 5725.221 | 26707 |
of the Revised Code, shall be filed with the superintendent of | 26708 |
insurance, on the form prescribed by the superintendent, within | 26709 |
three years after the date of the illegal, erroneous, or excessive | 26710 |
payment of the tax. No refund shall be allowed unless an | 26711 |
application has been filed in accordance with this section. The | 26712 |
time limit imposed under this division may be extended if both the | 26713 |
domestic insurance company and the superintendent of insurance | 26714 |
agree in writing to the extension. | 26715 |
(B) Except as otherwise provided in this division, the | 26716 |
superintendent may make an assessment against a domestic insurance | 26717 |
company for any deficiency for the period for which a report, tax | 26718 |
return, or tax payment is due for any taxes imposed by section | 26719 |
3737.71 of the Revised Code or this chapter, based on any | 26720 |
information in the superintendent's possession. No assessment | 26721 |
shall be made against a domestic insurance company more than three | 26722 |
years after the later of the final date the report, tax return, or | 26723 |
tax payment subject to the assessment was required to be filed or | 26724 |
paid, or the date the report or tax return was filed, provided | 26725 |
that there shall be no bar if the domestic insurance company | 26726 |
failed to file the required report or tax return or if the | 26727 |
deficiency results from fraud or any felonious act. The time limit | 26728 |
may be extended if both the domestic insurance company and the | 26729 |
superintendent agree in writing to the extension. For the purposes | 26730 |
of this division, an assessment is made on the date the | 26731 |
notification of the assessment is sent by the department of | 26732 |
insurance or the date of an invoice for the assessment from the | 26733 |
treasurer of state, whichever is earlier. | 26734 |
Sec. 5725.98. (A) To provide a uniform procedure for | 26735 |
calculating the amount of tax imposed by section 5725.18 of the | 26736 |
Revised Code that is due under this chapter, a taxpayer shall | 26737 |
claim any credits and offsets against tax liability to which it is | 26738 |
entitled in the following order: | 26739 |
(1) The credit for an insurance company or insurance company | 26740 |
group under section 5729.031 of the Revised Code. | 26741 |
(2) The credit for eligible employee training costs under | 26742 |
section 5725.31 of the Revised Code. | 26743 |
(3) The credit under section 5725.19 of the Revised Code for | 26744 |
losses on loans made under the Ohio venture capital authority | 26745 |
program under sections 150.01 to 150.10 of the Revised Code if the | 26746 |
taxpayer elected a nonrefundable credit under section 150.07 of | 26747 |
the Revised Code. | 26748 |
(4) The offset of assessments by the Ohio life and health | 26749 |
insurance guaranty association permitted by section 3956.20 of the | 26750 |
Revised Code. | 26751 |
(5) The refundable credit for Ohio job creation under section | 26752 |
5725.32 of the Revised Code. | 26753 |
(6) The credit under section 5729.08 of the Revised Code for | 26754 |
losses on loans made under the Ohio venture capital program under | 26755 |
sections 150.01 to 150.10 of the Revised Code if the taxpayer | 26756 |
elected a refundable credit under section 150.07 of the Revised | 26757 |
Code. | 26758 |
(B) For any credit except the credits enumerated in divisions | 26759 |
(A)(5) and (6) of this section, the amount of the credit for a | 26760 |
taxable year shall not exceed the tax due after allowing for any | 26761 |
other credit that precedes it in the order required under this | 26762 |
section. Any excess amount of a particular credit may be carried | 26763 |
forward if authorized under the section creating that credit. | 26764 |
Nothing in this chapter shall be construed to allow a taxpayer to | 26765 |
claim, directly or indirectly, a credit more than once for a | 26766 |
taxable year. | 26767 |
Sec. 5727.06. (A) Except as otherwise provided by law, the | 26768 |
following constitutes the taxable property of a public utility, | 26769 |
interexchange telecommunications company, or public utility | 26770 |
property lessor that shall be assessed by the tax commissioner: | 26771 |
(1) For tax years before tax year 2006: | 26772 |
(a) In the case of a railroad company, all real property and | 26773 |
tangible personal property owned or operated by the railroad | 26774 |
company in this state on the thirty-first day of December of the | 26775 |
preceding year; | 26776 |
(b) In the case of a water transportation company, all | 26777 |
tangible personal property, except watercraft, owned or operated | 26778 |
by the water transportation company in this state on the | 26779 |
thirty-first day of December of the preceding year and all | 26780 |
watercraft owned or operated by the water transportation company | 26781 |
in this state during the preceding calendar year; | 26782 |
(c) In the case of all other public utilities and | 26783 |
interexchange telecommunications companies, all tangible personal | 26784 |
property that on the thirty-first day of December of the preceding | 26785 |
year was both located in this state and: | 26786 |
(i) Owned by the public utility or interexchange | 26787 |
telecommunications company; or | 26788 |
(ii) Leased by the public utility or interexchange | 26789 |
telecommunications company under a sale and leaseback transaction. | 26790 |
(2) For tax years 2006, 2007, and 2008: | 26791 |
(a) In the case of a railroad company, all real property used | 26792 |
in railroad operations and tangible personal property owned or | 26793 |
operated by the railroad company in this state on the thirty-first | 26794 |
day of December of the preceding year; | 26795 |
(b) In the case of a water transportation company, all | 26796 |
tangible personal property, except watercraft, owned or operated | 26797 |
by the water transportation company in this state on the | 26798 |
thirty-first day of December of the preceding year and all | 26799 |
watercraft owned or operated by the water transportation company | 26800 |
in this state during the preceding calendar year; | 26801 |
(c) In the case of all other public utilities except | 26802 |
telephone and telegraph companies, all tangible personal property | 26803 |
that on the thirty-first day of December of the preceding year was | 26804 |
both located in this state and either owned by the public utility | 26805 |
or leased by the public utility under a sale and leaseback | 26806 |
transaction. | 26807 |
(3) For tax year 2009 and each tax year thereafter: | 26808 |
(a) In the case of a railroad company, all real property used | 26809 |
in railroad operations and tangible personal property owned or | 26810 |
operated by the railroad company in this state on the thirty-first | 26811 |
day of December of the preceding year; | 26812 |
(b) In the case of a water transportation company, all | 26813 |
tangible personal property, except watercraft, owned or operated | 26814 |
by the water transportation company in this state on the | 26815 |
thirty-first day of December of the preceding year and all | 26816 |
watercraft owned or operated by the water transportation company | 26817 |
in this state during the preceding calendar year; | 26818 |
(c) In the case of all other public utilities except | 26819 |
telephone and telegraph companies, all tangible personal property | 26820 |
that on the thirty-first day of December of the preceding year was | 26821 |
both located in this state and either owned by the public utility | 26822 |
or leased by the public utility under a sale and leaseback | 26823 |
transaction; | 26824 |
(d) In the case of a public utility property lessor, all | 26825 |
personal property that on the thirty-first day of December of the | 26826 |
preceding year was both located in this state and leased, in other | 26827 |
than a sale and leaseback transaction, to | 26828 |
26829 | |
railroad | 26830 |
company. The assessment rate used under section 5727.111 of the | 26831 |
Revised Code shall be based on the assessment rate that would | 26832 |
apply if the | 26833 |
utility owned the property. | 26834 |
(4) For tax years 2005 and 2006, in the case of telephone, | 26835 |
telegraph, or interexchange telecommunications companies, all | 26836 |
tangible personal property that on the thirty-first day of | 26837 |
December of the preceding year was both located in this state and | 26838 |
either owned by the telephone, telegraph, or interexchange | 26839 |
telecommunications company or leased by the telephone, telegraph, | 26840 |
or interexchange telecommunications company under a sale and | 26841 |
leaseback transaction. | 26842 |
(5) For tax year 2007 and thereafter, in the case of | 26843 |
telephone, telegraph, or interexchange telecommunications | 26844 |
companies, all tangible personal property shall be listed and | 26845 |
assessed for taxation under Chapter 5711. of the Revised Code. | 26846 |
(B) This division applies to tax years before tax year 2007. | 26847 |
In the case of an interexchange telecommunications company, | 26848 |
all taxable property shall be subject to the provisions of this | 26849 |
chapter and shall be valued by the commissioner in accordance with | 26850 |
division (A) of section 5727.11 of the Revised Code. A person | 26851 |
described by this division shall file the report required by | 26852 |
section 5727.08 of the Revised Code. Persons described in this | 26853 |
division shall not be considered taxpayers, as defined in division | 26854 |
(B) of section 5711.01 of the Revised Code, and shall not be | 26855 |
required to file a return and list their taxable property under | 26856 |
any provision of Chapter 5711. of the Revised Code. | 26857 |
(C) The lien of the state for taxes levied each year on the | 26858 |
real and personal property of public utilities and interexchange | 26859 |
telecommunications companies and on the personal property of | 26860 |
public utility property lessors shall attach thereto on the | 26861 |
thirty-first day of December of the preceding year. | 26862 |
(D) Property that is required by division (A)(3)(b) of this | 26863 |
section to be assessed by the tax commissioner under this chapter | 26864 |
shall not be listed by the owner of the property under Chapter | 26865 |
5711. of the Revised Code. | 26866 |
(E) The tax commissioner may adopt rules governing the | 26867 |
listing of the taxable property of public utilities and | 26868 |
interexchange telecommunications companies and the determination | 26869 |
of true value. | 26870 |
Sec. 5727.85. (A) By the thirty-first day of July of each | 26871 |
year, beginning in 2002 and ending in 2016, the department of | 26872 |
education shall determine the following for each school district | 26873 |
and each joint vocational school district eligible for payment | 26874 |
under division (C) or (D) of this section: | 26875 |
(1) The state education aid offset, which is the difference | 26876 |
obtained by subtracting the amount described in division (A)(1)(b) | 26877 |
of this section from the amount described in division (A)(1)(a) of | 26878 |
this section: | 26879 |
(a) The state education aid computed for the school district | 26880 |
or joint vocational school district for the current fiscal year as | 26881 |
of the thirty-first day of July; | 26882 |
(b) The state education aid that would be computed for the | 26883 |
school district or joint vocational school district for the | 26884 |
current fiscal year as of the thirty-first day of July if the | 26885 |
recognized valuation included the tax value loss for the school | 26886 |
district or joint vocational school district. | 26887 |
(2) The greater of zero or the difference obtained by | 26888 |
subtracting the state education aid offset determined under | 26889 |
division (A)(1) of this section from the fixed-rate levy loss | 26890 |
certified under division (J) of section 5727.84 of the Revised | 26891 |
Code for all taxing districts in each school district and joint | 26892 |
vocational school district. | 26893 |
By the fifth day of August of each such year, the department | 26894 |
of education shall certify the amount so determined under division | 26895 |
(A)(1) of this section to the director of budget and management. | 26896 |
(B) Not later than the thirty-first day of October of the | 26897 |
years 2006 through 2016, the department of education shall | 26898 |
determine all of the following for each school district: | 26899 |
(1) The amount obtained by subtracting the district's state | 26900 |
education aid computed for fiscal year 2002 from the district's | 26901 |
state education aid computed for the current fiscal year; | 26902 |
(2) The inflation-adjusted property tax loss. The | 26903 |
inflation-adjusted property tax loss equals the fixed-rate levy | 26904 |
loss, excluding the tax loss from levies within the ten-mill | 26905 |
limitation to pay debt charges, determined under division (G) of | 26906 |
section 5727.84 of the Revised Code for all taxing districts in | 26907 |
each school district, plus the product obtained by multiplying | 26908 |
that loss by the cumulative percentage increase in the consumer | 26909 |
price index from January 1, 2002, to the thirtieth day of June of | 26910 |
the current year. | 26911 |
(3) The difference obtained by subtracting the amount | 26912 |
computed under division (B)(1) from the amount of the | 26913 |
inflation-adjusted property tax loss. If this difference is zero | 26914 |
or a negative number, no further payments shall be made under | 26915 |
division (C) of this section to the school district from the | 26916 |
school district property tax replacement fund. | 26917 |
(C) The department of education shall pay from the school | 26918 |
district property tax replacement fund to each school district all | 26919 |
of the following: | 26920 |
(1) In February 2002, one-half of the fixed-rate levy loss | 26921 |
certified under division (J) of section 5727.84 of the Revised | 26922 |
Code between the twenty-first and twenty-eighth days of February. | 26923 |
(2) From August 2002 through August | 26924 |
the amount calculated for that fiscal year under division (A)(2) | 26925 |
of this section between the twenty-first and twenty-eighth days of | 26926 |
August and of February, provided the difference computed under | 26927 |
division (B)(3) of this section is not less than or equal to zero. | 26928 |
| 26929 |
26930 | |
26931 | |
26932 |
| 26933 |
purposes in tax year 1998 in the case of electric company tax | 26934 |
value losses, and in tax year 1999 in the case of natural gas | 26935 |
company tax value losses, payments shall be made equal to one | 26936 |
hundred per cent of the loss computed as if the tax were a | 26937 |
fixed-rate levy, but those payments shall extend from fiscal year | 26938 |
2006 through fiscal year 2016. | 26939 |
The department of education shall report to each school | 26940 |
district the apportionment of the payments among the school | 26941 |
district's funds based on the certifications under division (J) of | 26942 |
section 5727.84 of the Revised Code. | 26943 |
(D) Not later than January 1, 2002, for all taxing districts | 26944 |
in each joint vocational school district, the tax commissioner | 26945 |
shall certify to the department of education the fixed-rate levy | 26946 |
loss determined under division (G) of section 5727.84 of the | 26947 |
Revised Code. From February 2002 to August 2016, the department | 26948 |
shall pay from the school district property tax replacement fund | 26949 |
to the joint vocational school district one-half of the amount | 26950 |
calculated for that fiscal year under division (A)(2) of this | 26951 |
section between the twenty-first and twenty-eighth days of August | 26952 |
and of February. | 26953 |
(E)(1) Not later than January 1, 2002, for each fixed-sum | 26954 |
levy levied by each school district or joint vocational school | 26955 |
district and for each year for which a determination is made under | 26956 |
division (H) of section 5727.84 of the Revised Code that a | 26957 |
fixed-sum levy loss is to be reimbursed, the tax commissioner | 26958 |
shall certify to the department of education the fixed-sum levy | 26959 |
loss determined under that division. The certification shall cover | 26960 |
a time period sufficient to include all fixed-sum levies for which | 26961 |
the tax commissioner made such a determination. The department | 26962 |
shall pay from the school district property tax replacement fund | 26963 |
to the school district or joint vocational school district | 26964 |
one-half of the fixed-sum levy loss so certified for each year | 26965 |
between the twenty-first and twenty-eighth days of August and of | 26966 |
February. | 26967 |
(2) Beginning in 2003, by the thirty-first day of January of | 26968 |
each year, the tax commissioner shall review the certification | 26969 |
originally made under division (E)(1) of this section. If the | 26970 |
commissioner determines that a debt levy that had been scheduled | 26971 |
to be reimbursed in the current year has expired, a revised | 26972 |
certification for that and all subsequent years shall be made to | 26973 |
the department of education. | 26974 |
(F) If the balance of the half-mill equalization fund created | 26975 |
under section 3318.18 of the Revised Code is insufficient to make | 26976 |
the full amount of payments required under division (D) of that | 26977 |
section, the department of education, at the end of the third | 26978 |
quarter of the fiscal year, shall certify to the director of | 26979 |
budget and management the amount of the deficiency, and the | 26980 |
director shall transfer an amount equal to the deficiency from the | 26981 |
school district property tax replacement fund to the half-mill | 26982 |
equalization fund. | 26983 |
(G) Beginning in August 2002, and ending in May 2017, the | 26984 |
director of budget and management shall transfer from the school | 26985 |
district property tax replacement fund to the general revenue fund | 26986 |
each of the following: | 26987 |
(1) Between the twenty-eighth day of August and the fifth day | 26988 |
of September, the lesser of one-half of the amount certified for | 26989 |
that fiscal year under division (A)(2) of this section or the | 26990 |
balance in the school district property tax replacement fund; | 26991 |
(2) Between the first and fifth days of May, the lesser of | 26992 |
one-half of the amount certified for that fiscal year under | 26993 |
division (A)(2) of this section or the balance in the school | 26994 |
district property tax replacement fund. | 26995 |
(H) On the first day of June each year, the director of | 26996 |
budget and management shall transfer any balance remaining in the | 26997 |
school district property tax replacement fund after the payments | 26998 |
have been made under divisions (C), (D), (E), (F), and (G) of this | 26999 |
section to the half-mill equalization fund created under section | 27000 |
3318.18 of the Revised Code. | 27001 |
(I) From fiscal year 2002 through fiscal year 2016, if the | 27002 |
total amount in the school district property tax replacement fund | 27003 |
is insufficient to make all payments under divisions (C), (D), | 27004 |
(E), and (F) of this section at the time the payments are to be | 27005 |
made, the director of budget and management shall transfer from | 27006 |
the general revenue fund to the school district property tax | 27007 |
replacement fund the difference between the total amount to be | 27008 |
paid and the total amount in the school district property tax | 27009 |
replacement fund, except that no transfer shall be made by reason | 27010 |
of a deficiency to the extent that it results from the amendment | 27011 |
of section 5727.84 of the Revised Code by Amended Substitute House | 27012 |
Bill No. 95 of the 125th general assembly. | 27013 |
(J) If all of the territory of a school district or joint | 27014 |
vocational school district is merged with an existing district, or | 27015 |
if a part of the territory of a school district or joint | 27016 |
vocational school district is transferred to an existing or new | 27017 |
district, the department of education, in consultation with the | 27018 |
tax commissioner, shall adjust the payments made under this | 27019 |
section as follows: | 27020 |
(1) For the merger of all of the territory of two or more | 27021 |
districts, the fixed-rate levy loss and the fixed-sum levy loss of | 27022 |
the successor district shall be equal to the sum of the fixed-rate | 27023 |
levy losses and the fixed-sum levy losses for each of the | 27024 |
districts involved in the merger. | 27025 |
(2) For the transfer of a part of one district's territory to | 27026 |
an existing district, the amount of the fixed-rate levy loss that | 27027 |
is transferred to the recipient district shall be an amount equal | 27028 |
to the transferring district's total fixed-rate levy loss times a | 27029 |
fraction, the numerator of which is the value of electric company | 27030 |
tangible personal property located in the part of the territory | 27031 |
that was transferred, and the denominator of which is the total | 27032 |
value of electric company tangible personal property located in | 27033 |
the entire district from which the territory was transferred. The | 27034 |
value of electric company tangible personal property under this | 27035 |
division shall be determined for the most recent year for which | 27036 |
data is available. Fixed-sum levy losses for both districts shall | 27037 |
be determined under division (J)(4) of this section. | 27038 |
(3) For the transfer of a part of the territory of one or | 27039 |
more districts to create a new district: | 27040 |
(a) If the new district is created on or after January 1, | 27041 |
2000, but before January 1, 2005, the new district shall be paid | 27042 |
its current fixed-rate levy loss through August 2006. From | 27043 |
February 2007 to August 2016, the new district shall be paid the | 27044 |
lesser of: (i) the amount calculated under division | 27045 |
this section or (ii) an amount determined under the schedule in | 27046 |
division (A)(1) of section 5727.86 of the Revised Code, as if for | 27047 |
this purpose the new district was a local taxing unit under that | 27048 |
section. Fixed-sum levy losses for the districts shall be | 27049 |
determined under division (J)(4) of this section. | 27050 |
(b) If the new district is created on or after January 1, | 27051 |
2005, the new district shall be deemed not to have any fixed-rate | 27052 |
levy loss or, except as provided in division (J)(4) of this | 27053 |
section, fixed-sum levy loss. The district or districts from which | 27054 |
the territory was transferred shall have no reduction in their | 27055 |
fixed-rate levy loss, or, except as provided in division (J)(4) of | 27056 |
this section, their fixed-sum levy loss. | 27057 |
(4) If a recipient district under division (J)(2) of this | 27058 |
section or a new district under division (J)(3)(a) or (b) of this | 27059 |
section takes on debt from one or more of the districts from which | 27060 |
territory was transferred, and any of the districts transferring | 27061 |
the territory had fixed-sum levy losses, the department of | 27062 |
education, in consultation with the tax commissioner, shall make | 27063 |
an equitable division of the fixed-sum levy losses. | 27064 |
(K) There is hereby created the public utility property tax | 27065 |
study committee, effective January 1, 2011. The committee shall | 27066 |
consist of the following seven members: the tax commissioner, | 27067 |
three members of the senate appointed by the president of the | 27068 |
senate, and three members of the house of representatives | 27069 |
appointed by the speaker of the house of representatives. The | 27070 |
appointments shall be made not later than January 31, 2011. The | 27071 |
tax commissioner shall be the chairperson of the committee. | 27072 |
The committee shall study the extent to which each school | 27073 |
district or joint vocational school district has been compensated, | 27074 |
under sections 5727.84 and 5727.85 of the Revised Code as enacted | 27075 |
by Substitute Senate Bill No. 3 of the 123rd general assembly and | 27076 |
any subsequent acts, for the property tax loss caused by the | 27077 |
reduction in the assessment rates for natural gas, electric, and | 27078 |
rural electric company tangible personal property. Not later than | 27079 |
June 30, 2011, the committee shall issue a report of its findings, | 27080 |
including any recommendations for providing additional | 27081 |
compensation for the property tax loss or regarding remedial | 27082 |
legislation, to the president of the senate and the speaker of the | 27083 |
house of representatives, at which time the committee shall cease | 27084 |
to exist. | 27085 |
The department of taxation and department of education shall | 27086 |
provide such information and assistance as is required for the | 27087 |
committee to carry out its duties. | 27088 |
Sec. 5729.05. On | 27089 |
the fifteenth day of October each | 27090 |
insurance company shall pay to the treasurer of state an amount | 27091 |
equal to one-half of the previous calendar year's tax, before | 27092 |
credits,
which was assessed and paid under section | 27093 |
of the Revised Code and this chapter. This payment shall be | 27094 |
considered as a partial payment of the tax upon the business done | 27095 |
in this state during the calendar year in which the payment date | 27096 |
provided by this paragraph is contained. | 27097 |
At the time of filing its annual statement, each foreign | 27098 |
insurance company shall pay to the treasurer of state the tax | 27099 |
assessable under section | 27100 |
this chapter, calculated by such company from such annual | 27101 |
statement. The company may deduct the part of such tax already | 27102 |
paid as a partial payment. | 27103 |
The superintendent shall determine the correctness of the | 27104 |
reports and statements of insurance companies, compute the annual | 27105 |
tax | 27106 |
day of May, prepare and furnish to the treasurer of state lists of | 27107 |
all taxable companies, showing as to each company the whole amount | 27108 |
of the annual tax computed by | 27109 |
treasurer of state, after deducting the tax already paid, shall | 27110 |
promptly notify each such company of any amount due, which amount | 27111 |
shall be paid by each such company to the treasurer of state by | 27112 |
the fifteenth day of June next succeeding. If a company has for | 27113 |
any reason overpaid or was illegally or erroneously assessed or | 27114 |
charged for collection a larger amount of tax than its annual tax | 27115 |
as computed by the superintendent of insurance and an application | 27116 |
for refund was timely filed under section 5729.102 of the Revised | 27117 |
Code, a refund of the excess amount shall be paid from the tax | 27118 |
refund fund created by section 5703.052 of the Revised Code. | 27119 |
Sec. 5729.101. For the purposes of this section, interest | 27120 |
shall be computed at a rate per calendar month, rounded to the | 27121 |
nearest one-hundredth of one per cent, equal to one-twelfth of the | 27122 |
rate per annum prescribed by section 5703.47 of the Revised Code | 27123 |
for the calendar year that includes the month for which the | 27124 |
interest accrues. | 27125 |
(A) When taxes levied by this chapter or by section 3737.71 | 27126 |
of the Revised Code are assessed as the result of a tax return | 27127 |
being filed late, the treasurer of state shall add interest to the | 27128 |
taxes due. The interest shall accrue from the first day of the | 27129 |
month following the last day on which the taxes were required to | 27130 |
be paid had the assessment been certified by the date prescribed, | 27131 |
to the last day of the month preceding the date on which the | 27132 |
assessment was certified, and shall be computed on the basis of | 27133 |
the taxes due. | 27134 |
(B) If an assessment has been certified pursuant to this | 27135 |
chapter and an amended or final assessment is certified for the | 27136 |
same taxpayer and the same tax year, the treasurer of state shall | 27137 |
add interest to the deficiency or excess. The interest shall be | 27138 |
computed on the excess or deficiency and shall accrue as follows: | 27139 |
(1) On a deficiency, interest shall accrue from the first day | 27140 |
of the month following the last day on which the previous | 27141 |
assessment was required to be paid to the last day of the month | 27142 |
preceding the date on which the amended or final assessment is | 27143 |
certified. | 27144 |
(2) On an excess, interest shall be allowed from the first | 27145 |
day of the month following the date of payment of the previous | 27146 |
assessment to the last day of the month preceding the date on | 27147 |
which the amended or final assessment is certified. | 27148 |
Sec. 5729.102. (A) An application to refund to a foreign | 27149 |
insurance company any taxes imposed by section 3737.71 of the | 27150 |
Revised Code or this chapter that are overpaid, paid illegally or | 27151 |
erroneously, or paid on any illegal, erroneous, or excessive | 27152 |
assessment, with interest thereon as provided by section 5729.101 | 27153 |
of the Revised Code, shall be filed with the superintendent of | 27154 |
insurance, on the form prescribed by the superintendent, within | 27155 |
three years after the date of the illegal, erroneous, or excessive | 27156 |
payment of the tax. No refund shall be allowed unless an | 27157 |
application has been filed in accordance with this section. The | 27158 |
time limit imposed under this division may be extended if both the | 27159 |
foreign insurance company and the superintendent of insurance | 27160 |
agree in writing to the extension. | 27161 |
(B) Except as otherwise provided in this division, the | 27162 |
superintendent may make an assessment against a foreign insurance | 27163 |
company for any deficiency for the period for which a report, tax | 27164 |
return, or tax payment is due for any taxes imposed by section | 27165 |
3737.71 of the Revised Code or this chapter, based on any | 27166 |
information in the superintendent's possession. No assessment | 27167 |
shall be made against a foreign insurance company more than three | 27168 |
years after the later of the final date the report, tax return, or | 27169 |
tax payment subject to the assessment was required to be filed or | 27170 |
paid, or the date the report or tax return was filed, provided | 27171 |
that there shall be no bar if the foreign insurance company failed | 27172 |
to file the required report or tax return or if the deficiency | 27173 |
results from fraud or any felonious act. The time limit may be | 27174 |
extended if both the foreign insurance company and the | 27175 |
superintendent agree in writing to the extension. For the purposes | 27176 |
of this division, an assessment is made on the date the | 27177 |
notification of the assessment is sent by the department of | 27178 |
insurance or the date of an invoice for the assessment from the | 27179 |
treasurer of state, whichever is earlier. | 27180 |
Sec. 5729.98. (A) To provide a uniform procedure for | 27181 |
calculating the amount of tax due under this chapter, a taxpayer | 27182 |
shall claim any credits and offsets against tax liability to which | 27183 |
it is entitled in the following order: | 27184 |
(1) The credit for an insurance company or insurance company | 27185 |
group under section 5729.031 of the Revised Code. | 27186 |
(2) The credit for eligible employee training costs under | 27187 |
section 5729.07 of the Revised Code. | 27188 |
(3) The credit under section 5729.08 of the Revised Code for | 27189 |
losses on loans made under the Ohio venture capital program under | 27190 |
sections 150.01 to 150.10 of the Revised Code if the taxpayer | 27191 |
elected a nonrefundable credit under section 150.07 of the Revised | 27192 |
Code. | 27193 |
(4) The offset of assessments by the Ohio life and health | 27194 |
insurance guaranty association against tax liability permitted by | 27195 |
section 3956.20 of the Revised Code. | 27196 |
(5) The refundable credit for Ohio job creation under section | 27197 |
5729.032 of the Revised Code. | 27198 |
(6) The credit under section 5729.08 of the Revised Code for | 27199 |
losses on loans made under the Ohio venture capital program under | 27200 |
sections 150.01 to 150.10 of the Revised Code if the taxpayer | 27201 |
elected a refundable credit under section 150.07 of the Revised | 27202 |
Code. | 27203 |
(B) For any credit except the credits enumerated in divisions | 27204 |
(A)(5) and (6) of this section, the amount of the credit for a | 27205 |
taxable year shall not exceed the tax due after allowing for any | 27206 |
other credit that precedes it in the order required under this | 27207 |
section. Any excess amount of a particular credit may be carried | 27208 |
forward if authorized under the section creating that credit. | 27209 |
Nothing in this chapter shall be construed to allow a taxpayer to | 27210 |
claim, directly or indirectly, a credit more than once for a | 27211 |
taxable year. | 27212 |
Sec. 5733.01. (A) The tax provided by this chapter for | 27213 |
domestic corporations shall be the amount charged against each | 27214 |
corporation organized for profit under the laws of this state and | 27215 |
each nonprofit corporation organized pursuant to Chapter 1729. of | 27216 |
the Revised Code, except as provided in sections 5733.09 and | 27217 |
5733.10 of the Revised Code, for the privilege of exercising its | 27218 |
franchise during the calendar year in which that amount is | 27219 |
payable, and the tax provided by this chapter for foreign | 27220 |
corporations shall be the amount charged against each corporation | 27221 |
organized for profit and each nonprofit corporation organized or | 27222 |
operating in the same or similar manner as nonprofit corporations | 27223 |
organized under Chapter 1729. of the Revised Code, under the laws | 27224 |
of any state or country other than this state, except as provided | 27225 |
in sections 5733.09 and 5733.10 of the Revised Code, for the | 27226 |
privilege of doing business in this state, owning or using a part | 27227 |
or all of its capital or property in this state, holding a | 27228 |
certificate of compliance with the laws of this state authorizing | 27229 |
it to do business in this state, or otherwise having nexus in or | 27230 |
with this state under the Constitution of the United States, | 27231 |
during the calendar year in which that amount is payable. | 27232 |
(B) A corporation is subject to the tax imposed by section | 27233 |
5733.06 of the Revised Code for each calendar year that it is so | 27234 |
organized, doing business, owning or using a part or all of its | 27235 |
capital or property, holding a certificate of compliance, or | 27236 |
otherwise having nexus in or with this state under the | 27237 |
Constitution of the United States, on the first day of January of | 27238 |
that calendar year. | 27239 |
(C) Any corporation subject to this chapter that is not | 27240 |
subject to the federal income tax shall file its returns and | 27241 |
compute its tax liability as required by this chapter in the same | 27242 |
manner as if that corporation were subject to the federal income | 27243 |
tax. | 27244 |
(D) For purposes of this chapter, a federally chartered | 27245 |
financial institution shall be deemed to be organized under the | 27246 |
laws of the state within which its principal office is located. | 27247 |
(E) For purposes of this chapter, any person, as defined in | 27248 |
section 5701.01 of the Revised Code, shall be treated as a | 27249 |
corporation if the person is classified for federal income tax | 27250 |
purposes as an association taxable as a corporation, and an equity | 27251 |
interest in the person shall be treated as capital stock of the | 27252 |
person. | 27253 |
(F) For the purposes of this chapter, "disregarded entity" | 27254 |
has the same meaning as in division (D) of section 5745.01 of the | 27255 |
Revised Code. | 27256 |
(1) A person's interest in a disregarded entity, whether held | 27257 |
directly or indirectly, shall be treated as the person's ownership | 27258 |
of the assets and liabilities of the disregarded entity, and the | 27259 |
income, including gain or loss, shall be included in the person's | 27260 |
net income under this chapter. | 27261 |
(2) Any sale, exchange, or other disposition of the person's | 27262 |
interest in the disregarded entity, whether held directly or | 27263 |
indirectly, shall be treated as a sale, exchange, or other | 27264 |
disposition of the person's share of the disregarded entity's | 27265 |
underlying assets or liabilities, and the gain or loss from such | 27266 |
sale, exchange, or disposition shall be included in the person's | 27267 |
net income under this chapter. | 27268 |
(3) The disregarded entity's payroll, property, and sales | 27269 |
factors shall be included in the person's factors. | 27270 |
(G) The tax a corporation is required to pay under this | 27271 |
chapter shall be as follows: | 27272 |
(1)(a) For financial institutions, the greater of the minimum | 27273 |
payment required under division (E) of section 5733.06 of the | 27274 |
Revised Code or the difference between all taxes charged the | 27275 |
financial institution under this chapter, without regard to | 27276 |
division (G)(2) of this section, less any credits allowable | 27277 |
against such tax. | 27278 |
(b) A corporation satisfying the description in division | 27279 |
(E)(5), (6), (7), (8), or (10) of section 5751.01 of the Revised | 27280 |
Code that is not a financial institution, insurance company, or | 27281 |
dealer in intangibles is subject to the taxes imposed under this | 27282 |
chapter as a corporation and not subject to tax as a financial | 27283 |
institution, and shall pay the greater of the minimum payment | 27284 |
required under division (E) of section 5733.06 of the Revised Code | 27285 |
or the difference between all the taxes charged under this | 27286 |
chapter, without regard to division (G)(2) of this section, less | 27287 |
any credits allowable against such tax. | 27288 |
(2) For all corporations other than those persons described | 27289 |
in division (G)(1)(a) or (b) of this section, the amount under | 27290 |
division (G)(2)(a) of this section applicable to the tax year | 27291 |
specified less the amount under division (G)(2)(b) of this | 27292 |
section: | 27293 |
(a)(i) For tax year 2005, the greater of the minimum payment | 27294 |
required under division (E) of section 5733.06 of the Revised Code | 27295 |
or the difference between all taxes charged the corporation under | 27296 |
this chapter and any credits allowable against such tax; | 27297 |
(ii) For tax year 2006, the greater of the minimum payment | 27298 |
required under division (E) of section 5733.06 of the Revised Code | 27299 |
or four-fifths of the difference between all taxes charged the | 27300 |
corporation under this chapter and any credits allowable against | 27301 |
such tax except the qualifying pass-through entity tax credit | 27302 |
described in division (A)(30) and the refundable credits described | 27303 |
in divisions (A)(31), (32), | 27304 |
of the Revised Code; | 27305 |
(iii) For tax year 2007, the greater of the minimum payment | 27306 |
required under division (E) of section 5733.06 of the Revised Code | 27307 |
or three-fifths of the difference between all taxes charged the | 27308 |
corporation under this chapter and any credits allowable against | 27309 |
such tax except the qualifying pass-through entity tax credit | 27310 |
described in division (A)(30) and the refundable credits described | 27311 |
in divisions (A)(31), (32), | 27312 |
of the Revised Code; | 27313 |
(iv) For tax year 2008, the greater of the minimum payment | 27314 |
required under division (E) of section 5733.06 of the Revised Code | 27315 |
or two-fifths of the difference between all taxes charged the | 27316 |
corporation under this chapter and any credits allowable against | 27317 |
such tax except the qualifying pass-through entity tax credit | 27318 |
described in division (A)(30) and the refundable credits described | 27319 |
in divisions (A)(31), (32), | 27320 |
of the Revised Code; | 27321 |
(v) For tax year 2009, the greater of the minimum payment | 27322 |
required under division (E) of section 5733.06 of the Revised Code | 27323 |
or one-fifth of the difference between all taxes charged the | 27324 |
corporation under this chapter and any credits allowable against | 27325 |
such tax except the qualifying pass-through entity tax credit | 27326 |
described in division (A)(30) and the refundable credits described | 27327 |
in divisions (A)(31), (32), and (33) of section 5733.98 of the | 27328 |
Revised Code; | 27329 |
(vi) For tax year 2010 and each tax year thereafter, no tax. | 27330 |
(b) A corporation shall subtract from the amount calculated | 27331 |
under division (G)(2)(a)(ii), (iii), (iv), or (v) of this section | 27332 |
any qualifying pass-through entity tax credit described in | 27333 |
division (A)(30) and any refundable credits described in divisions | 27334 |
(A)(31), (32), | 27335 |
Revised Code to which the corporation is entitled. Any unused | 27336 |
qualifying pass-through entity tax credit is not refundable. | 27337 |
(c) For the purposes of computing the amount of a credit that | 27338 |
may be carried forward to a subsequent tax year under division | 27339 |
(G)(2) of this section, a credit is utilized against the tax for a | 27340 |
tax year to the extent the credit applies against the tax for that | 27341 |
tax year, even if the difference is then multiplied by the | 27342 |
applicable fraction under division (G)(2)(a) of this section. | 27343 |
(3) Nothing in division (G) of this section eliminates or | 27344 |
reduces the tax imposed by section 5733.41 of the Revised Code on | 27345 |
a qualifying pass-through entity. | 27346 |
Sec. 5733.352. (A) As used in this section: | 27347 |
(1) "Borrower" means any person that receives a loan from the | 27348 |
director of development under section 166.21 of the Revised Code, | 27349 |
regardless of whether the borrower is subject to the taxes imposed | 27350 |
by sections 5733.06, 5733.065, and 5733.066 of the Revised Code. | 27351 |
(2) "Related member" has the same meaning as in section | 27352 |
5733.042 of the Revised Code. | 27353 |
(3) "Qualified research and development loan payments" has | 27354 |
the same meaning as in division (D) of section 166.21 of the | 27355 |
Revised Code. | 27356 |
(B) Beginning with tax year 2004, and in the case of a | 27357 |
corporation subject to division (G)(2) of section 5733.01 of the | 27358 |
Revised Code ending with tax year 2008, a nonrefundable credit is | 27359 |
allowed against the taxes imposed by sections 5733.06, 5733.065, | 27360 |
and 5733.066 of the Revised Code equal to a borrower's qualified | 27361 |
research and development loan payments made during the calendar | 27362 |
year immediately preceding the tax year for which the credit is | 27363 |
claimed. The amount of the credit for a tax year shall not exceed | 27364 |
one hundred fifty thousand dollars. No taxpayer is entitled to | 27365 |
claim a credit under this section unless it has obtained a | 27366 |
certificate issued by the director of development under division | 27367 |
(D) of section 166.21 of the Revised Code and submits a copy of | 27368 |
the certificate with its report for the taxable year. Failure to | 27369 |
submit a copy of the certificate with the report does not | 27370 |
invalidate a claim for a credit if the taxpayer submits a copy of | 27371 |
the certificate within sixty days after the tax commissioner | 27372 |
requests it. The credit shall be claimed in the order required | 27373 |
under section 5733.98 of the Revised Code. The credit, to the | 27374 |
extent it exceeds the taxpayer's tax liability for the tax year | 27375 |
after allowance for any other credits that precede the credit | 27376 |
under this section in that order, shall be carried forward to the | 27377 |
next succeeding tax year or years until fully used. A corporation | 27378 |
subject to division (G)(2) of section 5733.01 of the Revised Code | 27379 |
may carry forward any credit not fully utilized by tax year 2008 | 27380 |
and apply it against the tax levied by Chapter 5751. of the | 27381 |
Revised Code to the extent allowed under section 5751.52 of the | 27382 |
Revised Code. | 27383 |
(C) A borrower entitled to a credit under this section may | 27384 |
assign the credit, or a portion thereof, to any of the following: | 27385 |
(1) A related member of that borrower; | 27386 |
(2) The owner or lessee of the eligible research and | 27387 |
development project; | 27388 |
(3) A related member of the owner or lessee of the eligible | 27389 |
research and development project. | 27390 |
A borrower making an assignment under this division shall | 27391 |
provide written notice of the assignment to the tax commissioner | 27392 |
and the director of development, in such form as the tax | 27393 |
commissioner prescribes, before the credit that was assigned is | 27394 |
used. The assignor may not claim the credit to the extent it was | 27395 |
assigned to an assignee. The assignee may claim the credit only to | 27396 |
the extent the assignor has not claimed it. | 27397 |
(D) If any taxpayer is a partner in a partnership or a member | 27398 |
in a limited liability company treated as a partnership for | 27399 |
federal income tax purposes, the taxpayer shall be allowed the | 27400 |
taxpayer's distributive or proportionate share of the credit | 27401 |
available through the partnership or limited liability company. | 27402 |
(E) The aggregate credit against the taxes imposed by | 27403 |
sections 5733.06, 5733.065, 5733.066, and 5747.02 of the Revised | 27404 |
Code that may be claimed under this section and section 5747.331 | 27405 |
of the Revised Code by a borrower as a result of qualified | 27406 |
research and development loan payments attributable during a | 27407 |
calendar year to any one loan shall not exceed one hundred fifty | 27408 |
thousand dollars. | 27409 |
Sec. 5733.56. | 27410 |
27411 | |
program to aid the communicatively impaired in accessing the | 27412 |
telephone network under section 4905.79 of the Revised Code is | 27413 |
allowed a nonrefundable credit against the tax imposed by section | 27414 |
5733.06 of the Revised Code. The amount of the credit is the cost | 27415 |
incurred by the | 27416 |
service program during its taxable year, excluding any costs | 27417 |
incurred prior to July 1, 2004. | 27418 |
27419 | |
27420 | |
27421 |
(2) A | 27422 |
division (A)(1) of this section in the order required by section | 27423 |
5733.98 of the Revised Code. If the credit exceeds the total taxes | 27424 |
due under section 5733.06 of the Revised Code for the tax year, | 27425 |
after allowance for any other credits preceding this credit in the | 27426 |
order set forth in section 5733.98 of the Revised Code, the | 27427 |
commissioner shall credit the excess against taxes due under | 27428 |
section 5733.06 of the Revised Code for succeeding tax years until | 27429 |
the full amount of the credit is granted. | 27430 |
(B) For each of tax years 2006, 2007, and 2008, a taxpayer | 27431 |
that provides any telephone service program to aid the | 27432 |
communicatively impaired in accessing the telephone network under | 27433 |
section 4905.79 of the Revised Code is allowed a refundable credit | 27434 |
against the tax imposed by section 5733.06 of the Revised Code. | 27435 |
For each tax year, the amount of the credit is the cost incurred | 27436 |
by the taxpayer during that tax year's taxable year for providing | 27437 |
the telephone service program. No cost incurred with respect to | 27438 |
the credit that is allowable for a tax year shall be considered | 27439 |
for purposes of computing the credit allowable for any other tax | 27440 |
year. | 27441 |
(C) If the tax commissioner ascertains that any credit | 27442 |
claimed pursuant to this section by a taxpayer was not correct, | 27443 |
the commissioner shall ascertain the proper credit. No cost | 27444 |
incurred after December 31, 2007, shall be considered for purposes | 27445 |
of computing any credit allowed by this section. | 27446 |
(D) Nothing in this section authorizes a | 27447 |
taxpayer to claim a credit under this section for any costs | 27448 |
incurred | 27449 |
is either claiming a credit under former section 5727.44 of the | 27450 |
Revised Code or receiving reimbursement for its costs under any | 27451 |
other provision of the Revised Code. | 27452 |
Sec. 5733.98. (A) To provide a uniform procedure for | 27453 |
calculating the amount of tax imposed by section 5733.06 of the | 27454 |
Revised Code that is due under this chapter, a taxpayer shall | 27455 |
claim any credits to which it is entitled in the following order, | 27456 |
except as otherwise provided in section 5733.058 of the Revised | 27457 |
Code: | 27458 |
(1) For tax year 2005, the credit for taxes paid by a | 27459 |
qualifying pass-through entity allowed under section 5733.0611 of | 27460 |
the Revised Code; | 27461 |
(2) The credit allowed for financial institutions under | 27462 |
section 5733.45 of the Revised Code; | 27463 |
(3) The credit for qualifying affiliated groups under section | 27464 |
5733.068 of the Revised Code; | 27465 |
(4) The subsidiary corporation credit under section 5733.067 | 27466 |
of the Revised Code; | 27467 |
(5) The savings and loan assessment credit under section | 27468 |
5733.063 of the Revised Code; | 27469 |
(6) The credit for recycling and litter prevention donations | 27470 |
under section 5733.064 of the Revised Code; | 27471 |
(7) The credit for employers that enter into agreements with | 27472 |
child day-care centers under section 5733.36 of the Revised Code; | 27473 |
(8) The credit for employers that reimburse employee child | 27474 |
care expenses under section 5733.38 of the Revised Code; | 27475 |
(9) The credit for maintaining railroad active grade crossing | 27476 |
warning devices under section 5733.43 of the Revised Code; | 27477 |
(10) The credit for purchases of lights and reflectors under | 27478 |
section 5733.44 of the Revised Code; | 27479 |
(11) The job retention credit under division (B) of section | 27480 |
5733.0610 of the Revised Code; | 27481 |
(12) The credit for losses on loans made under the Ohio | 27482 |
venture capital program under sections 150.01 to 150.10 of the | 27483 |
Revised Code if the taxpayer elected a nonrefundable credit under | 27484 |
section 150.07 of the Revised Code; | 27485 |
(13) The credit for purchases of new manufacturing machinery | 27486 |
and equipment under section 5733.31 or section 5733.311 of the | 27487 |
Revised Code; | 27488 |
(14) The second credit for purchases of new manufacturing | 27489 |
machinery and equipment under section 5733.33 of the Revised Code; | 27490 |
(15) The job training credit under section 5733.42 of the | 27491 |
Revised Code; | 27492 |
(16) The credit for qualified research expenses under section | 27493 |
5733.351 of the Revised Code; | 27494 |
(17) The enterprise zone credit under section 5709.66 of the | 27495 |
Revised Code; | 27496 |
(18) The credit for the eligible costs associated with a | 27497 |
voluntary action under section 5733.34 of the Revised Code; | 27498 |
(19) The credit for employers that establish on-site child | 27499 |
day-care centers under section 5733.37 of the Revised Code; | 27500 |
(20) The ethanol plant investment credit under section | 27501 |
5733.46 of the Revised Code; | 27502 |
(21) The credit for purchases of qualifying grape production | 27503 |
property under section 5733.32 of the Revised Code; | 27504 |
(22) The export sales credit under section 5733.069 of the | 27505 |
Revised Code; | 27506 |
(23) The credit for research and development and technology | 27507 |
transfer investors under section 5733.35 of the Revised Code; | 27508 |
(24) The enterprise zone credits under section 5709.65 of the | 27509 |
Revised Code; | 27510 |
(25) The credit for using Ohio coal under section 5733.39 of | 27511 |
the Revised Code; | 27512 |
(26) The credit for small telephone companies under section | 27513 |
5733.57 of the Revised Code; | 27514 |
(27) The credit for eligible nonrecurring 9-1-1 charges under | 27515 |
section 5733.55 of the Revised Code; | 27516 |
(28) | 27517 |
to aid the communicatively impaired under division (A) of section | 27518 |
5733.56 of the Revised Code; | 27519 |
(29) The research and development credit under section | 27520 |
5733.352 of the Revised Code; | 27521 |
(30) For tax years 2006 and subsequent tax years, the credit | 27522 |
for taxes paid by a qualifying pass-through entity allowed under | 27523 |
section 5733.0611 of the Revised Code; | 27524 |
(31) The refundable jobs creation credit under division (A) | 27525 |
of section 5733.0610 of the Revised Code; | 27526 |
(32) The refundable credit for tax withheld under division | 27527 |
(B)(2) of section 5747.062 of the Revised Code; | 27528 |
(33) The credit for losses on loans made to the Ohio venture | 27529 |
capital program under sections 150.01 to 150.10 of the Revised | 27530 |
Code if the taxpayer elected a refundable credit under section | 27531 |
150.07 of the Revised Code; | 27532 |
(34) For tax years 2006, 2007, and 2008, the refundable | 27533 |
credit allowable under division (B) of section 5733.56 of the | 27534 |
Revised Code. | 27535 |
(B) For any credit except the credits enumerated in divisions | 27536 |
(A) (31), (32), | 27537 |
the credit for a tax year shall not exceed the tax due after | 27538 |
allowing for any other credit that precedes it in the order | 27539 |
required under this section. Any excess amount of a particular | 27540 |
credit may be carried forward if authorized under the section | 27541 |
creating that credit. | 27542 |
Sec. 5735.27. (A) There is hereby created in the state | 27543 |
treasury the gasoline excise tax fund, which shall be distributed | 27544 |
in the following manner: | 27545 |
(1) The amount credited pursuant to divisions (B)(2)(a) and | 27546 |
(C)(2)(a) of section 5735.23 of the Revised Code shall be | 27547 |
distributed among municipal corporations. The amount paid to each | 27548 |
municipal corporation shall be that proportion of the amount to be | 27549 |
so distributed that the number of motor vehicles registered within | 27550 |
the municipal corporation bears to the total number of motor | 27551 |
vehicles registered within all the municipal corporations of this | 27552 |
state during the preceding motor vehicle registration year. When a | 27553 |
new village is incorporated, the registrar of motor vehicles shall | 27554 |
determine from the applications on file in the bureau of motor | 27555 |
vehicles the number of motor vehicles located within the territory | 27556 |
comprising the village during the entire registration year in | 27557 |
which the municipal corporation was incorporated. The registrar | 27558 |
shall forthwith certify the number of motor vehicles so determined | 27559 |
to the tax commissioner for use in distributing motor vehicle fuel | 27560 |
tax funds to the village until the village is qualified to | 27561 |
participate in the distribution of the funds pursuant to this | 27562 |
division. The number of motor vehicle registrations shall be | 27563 |
determined by the official records of the bureau of motor | 27564 |
vehicles. The amount received by each municipal corporation shall | 27565 |
be used to plan, construct, reconstruct, repave, widen, maintain, | 27566 |
repair, clear, and clean public highways, roads, and streets; to | 27567 |
maintain and repair bridges and viaducts; to purchase, erect, and | 27568 |
maintain street and traffic signs and markers; to pay the costs | 27569 |
apportioned to the municipal corporation under section 4907.47 of | 27570 |
the Revised Code; to purchase, erect, and maintain traffic lights | 27571 |
and signals; to pay the principal, interest, and charges on bonds | 27572 |
and other obligations issued pursuant to Chapter 133. of the | 27573 |
Revised Code or incurred pursuant to section 5531.09 of the | 27574 |
Revised Code for the purpose of acquiring or constructing roads, | 27575 |
highways, bridges, or viaducts or acquiring or making other | 27576 |
highway improvements for which the municipal corporation may issue | 27577 |
bonds; and to supplement revenue already available for these | 27578 |
purposes. | 27579 |
(2) The amount credited pursuant to division (B) of section | 27580 |
5735.26 of the Revised Code shall be distributed among the | 27581 |
municipal corporations within the state, in the proportion which | 27582 |
the number of motor vehicles registered within each municipal | 27583 |
corporation bears to the total number of motor vehicles registered | 27584 |
within all the municipal corporations of the state during the | 27585 |
preceding calendar year, as shown by the official records of the | 27586 |
bureau of motor vehicles, and shall be expended by each municipal | 27587 |
corporation to plan, construct, reconstruct, repave, widen, | 27588 |
maintain, repair, clear, and clean public highways, roads and | 27589 |
streets; to maintain and repair bridges and viaducts; to purchase, | 27590 |
erect, and maintain street and traffic signs and markers; to | 27591 |
purchase, erect, and maintain traffic lights and signals; to pay | 27592 |
costs apportioned to the municipal corporation under section | 27593 |
4907.47 of the Revised Code; to pay the principal, interest, and | 27594 |
charges on bonds and other obligations issued pursuant to Chapter | 27595 |
133. of the Revised Code or incurred pursuant to section 5531.09 | 27596 |
of the Revised Code for the purpose of acquiring or constructing | 27597 |
roads, highways, bridges, or viaducts or acquiring or making other | 27598 |
highway improvements for which the municipal corporation may issue | 27599 |
bonds; and to supplement revenue already available for these | 27600 |
purposes. | 27601 |
(3) The amount credited pursuant to divisions (B)(2)(b) and | 27602 |
(C)(2)(c) of section 5735.23 of the Revised Code shall be paid in | 27603 |
equal proportions to the county treasurer of each county within | 27604 |
the state and shall be used only for the purposes of planning, | 27605 |
maintaining, and repairing the county system of public roads and | 27606 |
highways within the county; the planning, construction, and repair | 27607 |
of walks or paths along county roads in congested areas; the | 27608 |
planning, construction, purchase, lease, and maintenance of | 27609 |
suitable buildings for the housing and repair of county road | 27610 |
machinery, housing of supplies, and housing of personnel | 27611 |
associated with the machinery and supplies; the payment of costs | 27612 |
apportioned to the county under section 4907.47 of the Revised | 27613 |
Code; the payment of principal, interest, and charges on bonds and | 27614 |
other obligations issued pursuant to Chapter 133. of the Revised | 27615 |
Code or incurred pursuant to section 5531.09 of the Revised Code | 27616 |
for the purpose of acquiring or constructing roads, highways, | 27617 |
bridges, or viaducts or acquiring or making other highway | 27618 |
improvements for which the board of county commissioners may issue | 27619 |
bonds under that chapter; and the purchase, installation, and | 27620 |
maintenance of traffic signal lights. | 27621 |
(4) The amount credited pursuant to division (C) of section | 27622 |
5735.26 of the Revised Code shall be paid in equal proportions to | 27623 |
the county treasurer of each county for the purposes of planning, | 27624 |
maintaining, constructing, widening, and reconstructing the county | 27625 |
system of public roads and highways; paying principal, interest, | 27626 |
and charges on bonds and other obligations issued pursuant to | 27627 |
Chapter 133. of the Revised Code or incurred pursuant to section | 27628 |
5531.09 of the Revised Code for the purpose of acquiring or | 27629 |
constructing roads, highways, bridges, or viaducts or acquiring or | 27630 |
making other highway improvements for which the board of county | 27631 |
commissioners may issue bonds under that chapter; and paying costs | 27632 |
apportioned to the county under section 4907.47 of the Revised | 27633 |
Code. | 27634 |
(5)(a) The amount credited pursuant to division (D) of | 27635 |
section 5735.26 and division (C)(2)(b) of section 5735.23 of the | 27636 |
Revised Code shall be divided in equal proportions among the | 27637 |
townships within the state. | 27638 |
(b) As used in division (A)(5)(b) of this section, the | 27639 |
"formula amount" for any township is the amount that would be | 27640 |
allocated to that township if fifty per cent of the amount | 27641 |
credited to townships pursuant to section 5735.291 of the Revised | 27642 |
Code were allocated among townships in the state proportionate to | 27643 |
the number of lane miles within the boundaries of the respective | 27644 |
townships, as determined annually by the department of | 27645 |
transportation, and the other fifty per cent of the amount | 27646 |
credited pursuant to section 5735.291 of the Revised Code were | 27647 |
allocated among townships in the state proportionate to the number | 27648 |
of motor vehicles registered within the respective townships, as | 27649 |
determined annually by the records of the bureau of motor | 27650 |
vehicles. | 27651 |
Beginning on August 15, 2003, the tax levied by section | 27652 |
5735.29 of the Revised Code shall be partially allocated to | 27653 |
provide funding for townships. Each township shall receive the | 27654 |
greater of the following two calculations: | 27655 |
(i) The total statewide amount credited to townships under | 27656 |
division (A) of section 5735.291 of the Revised Code divided by | 27657 |
the number of townships in the state at the time of the | 27658 |
calculation; | 27659 |
(ii) Seventy per cent of the formula amount for that | 27660 |
township. | 27661 |
(c) The total difference between the amount of money credited | 27662 |
to townships under division (A) of section 5735.291 of the Revised | 27663 |
Code and the total amount of money required to make all the | 27664 |
payments specified in division (A)(5)(b) of this section shall be | 27665 |
deducted, in accordance with division (B) of section 5735.291 of | 27666 |
the Revised Code, from the revenues resulting from the tax levied | 27667 |
pursuant to section 5735.29 of the Revised Code prior to crediting | 27668 |
portions of such revenues to counties, municipal corporations, and | 27669 |
the highway operating fund. | 27670 |
(d) All amounts credited pursuant to divisions (A)(5)(a) and | 27671 |
(b) of this section shall be paid to the county treasurer of each | 27672 |
county for the total amount payable to the townships within each | 27673 |
of the counties. The county treasurer shall pay to each township | 27674 |
within the county its proportional share of the funds, which | 27675 |
shall be expended by each
township | 27676 |
the purposes of planning, constructing, maintaining, widening, and | 27677 |
reconstructing the public roads and highways within the township, | 27678 |
paying principal, interest, and charges on obligations incurred | 27679 |
pursuant to section 5531.09 of the Revised Code, and paying costs | 27680 |
apportioned to the township under section 4907.47 of the Revised | 27681 |
Code. | 27682 |
No part of the funds designated for road and highway purposes | 27683 |
shall be used for any purpose except to pay in whole or part the | 27684 |
contract price of any such work done by contract, or to pay the | 27685 |
cost of labor in planning, constructing, widening, and | 27686 |
reconstructing such roads and highways, and the cost of materials | 27687 |
forming a part of the improvement; provided that the funds may be | 27688 |
used for the purchase of road machinery and equipment and for the | 27689 |
planning, construction, and maintenance of suitable buildings for | 27690 |
housing road machinery and equipment, and that all such | 27691 |
improvement of roads shall be under supervision and direction of | 27692 |
the county engineer as provided in section 5575.07 of the Revised | 27693 |
Code. No obligation against the funds shall be incurred unless | 27694 |
plans and specifications for the improvement, approved by the | 27695 |
county engineer, are on file in the office of the township fiscal | 27696 |
officer, and all contracts for material and for work done by | 27697 |
contract shall be approved by the county engineer before being | 27698 |
signed by the board of township trustees. The board of township | 27699 |
trustees of any township may pass a resolution permitting the | 27700 |
board of county commissioners to expend the township's share of | 27701 |
the funds, or any portion of it, for the improvement of the roads | 27702 |
within the township as may be designated in the resolution. | 27703 |
All investment earnings of the fund shall be credited to the | 27704 |
fund. | 27705 |
(B) Amounts credited to the highway operating fund pursuant | 27706 |
to divisions (B)(2)(c) and (C)(2)(d) of section 5735.23 and | 27707 |
division (A) of section 5735.26 of the Revised Code shall be | 27708 |
expended in the following manner: | 27709 |
(1) The amount credited pursuant to divisions (B)(2)(c) and | 27710 |
(C)(2)(d) of section 5735.23 of the Revised Code shall be | 27711 |
apportioned to and expended by the department of transportation | 27712 |
for the purposes of planning, maintaining, repairing, and keeping | 27713 |
in passable condition for travel the roads and highways of the | 27714 |
state required by law to be maintained by the department; paying | 27715 |
the costs apportioned to the state under section 4907.47 of the | 27716 |
Revised Code; paying that portion of the construction cost of a | 27717 |
highway project which a county, township, or municipal corporation | 27718 |
normally would be required to pay, but which the director of | 27719 |
transportation, pursuant to division (B) of section 5531.08 of the | 27720 |
Revised Code, determines instead will be paid from moneys in the | 27721 |
highway operating fund; and paying the costs of the department of | 27722 |
public safety in administering and enforcing the state law | 27723 |
relating to the registration and operation of motor vehicles. | 27724 |
(2) The amount credited pursuant to division (A) of section | 27725 |
5735.26 of the Revised Code shall be used for paying the state's | 27726 |
share of the cost of planning, constructing, widening, | 27727 |
maintaining, and reconstructing the state highways; paying that | 27728 |
portion of the construction cost of a highway project which a | 27729 |
county, township, or municipal corporation normally would be | 27730 |
required to pay, but which the director of transportation, | 27731 |
pursuant to division (B) of section 5531.08 of the Revised Code, | 27732 |
determines instead will be paid from moneys in the highway | 27733 |
operating fund; and also for supplying the state's share of the | 27734 |
cost of eliminating railway grade crossings upon such highways and | 27735 |
costs apportioned to the state under section 4907.47 of the | 27736 |
Revised Code. The director of transportation may expend portions | 27737 |
of such amount upon extensions of state highways within municipal | 27738 |
corporations or upon portions of state highways within municipal | 27739 |
corporations, as is provided by law. | 27740 |
Sec. 5739.01. As used in this chapter: | 27741 |
(A) "Person" includes individuals, receivers, assignees, | 27742 |
trustees in bankruptcy, estates, firms, partnerships, | 27743 |
associations, joint-stock companies, joint ventures, clubs, | 27744 |
societies, corporations, the state and its political subdivisions, | 27745 |
and combinations of individuals of any form. | 27746 |
(B) "Sale" and "selling" include all of the following | 27747 |
transactions for a consideration in any manner, whether absolutely | 27748 |
or conditionally, whether for a price or rental, in money or by | 27749 |
exchange, and by any means whatsoever: | 27750 |
(1) All transactions by which title or possession, or both, | 27751 |
of tangible personal property, is or is to be transferred, or a | 27752 |
license to use or consume tangible personal property is or is to | 27753 |
be granted; | 27754 |
(2) All transactions by which lodging by a hotel is or is to | 27755 |
be furnished to transient guests; | 27756 |
(3) All transactions by which: | 27757 |
(a) An item of tangible personal property is or is to be | 27758 |
repaired, except property, the purchase of which would not be | 27759 |
subject to the tax imposed by section 5739.02 of the Revised Code; | 27760 |
(b) An item of tangible personal property is or is to be | 27761 |
installed, except property, the purchase of which would not be | 27762 |
subject to the tax imposed by section 5739.02 of the Revised Code | 27763 |
or property that is or is to be incorporated into and will become | 27764 |
a part of a production, transmission, transportation, or | 27765 |
distribution system for the delivery of a public utility service; | 27766 |
(c) The service of washing, cleaning, waxing, polishing, or | 27767 |
painting a motor vehicle is or is to be furnished; | 27768 |
(d) Until August 1, 2003, industrial laundry cleaning | 27769 |
services are or are to be provided and, on and after August 1, | 27770 |
2003, laundry and dry cleaning services are or are to be provided; | 27771 |
(e) Automatic data processing, computer services, or | 27772 |
electronic information services are or are to be provided for use | 27773 |
in business when the true object of the transaction is the receipt | 27774 |
by the consumer of automatic data processing, computer services, | 27775 |
or electronic information services rather than the receipt of | 27776 |
personal or professional services to which automatic data | 27777 |
processing, computer services, or electronic information services | 27778 |
are incidental or supplemental. Notwithstanding any other | 27779 |
provision of this chapter, such transactions that occur between | 27780 |
members of an affiliated group are not sales. An "affiliated | 27781 |
group" means two or more persons related in such a way that one | 27782 |
person owns or controls the business operation of another member | 27783 |
of the group. In the case of corporations with stock, one | 27784 |
corporation owns or controls another if it owns more than fifty | 27785 |
per cent of the other corporation's common stock with voting | 27786 |
rights. | 27787 |
(f) Telecommunications service, including prepaid calling | 27788 |
service, prepaid wireless calling service, or ancillary service, | 27789 |
is or is to be provided, but not including coin-operated telephone | 27790 |
service; | 27791 |
(g) Landscaping and lawn care service is or is to be | 27792 |
provided; | 27793 |
(h) Private investigation and security service is or is to be | 27794 |
provided; | 27795 |
(i) Information services or tangible personal property is | 27796 |
provided or ordered by means of a nine hundred telephone call; | 27797 |
(j) Building maintenance and janitorial service is or is to | 27798 |
be provided; | 27799 |
(k) Employment service is or is to be provided; | 27800 |
(l) Employment placement service is or is to be provided; | 27801 |
(m) Exterminating service is or is to be provided; | 27802 |
(n) Physical fitness facility service is or is to be | 27803 |
provided; | 27804 |
(o) Recreation and sports club service is or is to be | 27805 |
provided. | 27806 |
(p) On and after August 1, 2003, satellite broadcasting | 27807 |
service is or is to be provided; | 27808 |
(q) On and after August 1, 2003, personal care service is or | 27809 |
is to be provided to an individual. As used in this division, | 27810 |
"personal care service" includes skin care, the application of | 27811 |
cosmetics, manicuring, pedicuring, hair removal, tattooing, body | 27812 |
piercing, tanning, massage, and other similar services. "Personal | 27813 |
care service" does not include a service provided by or on the | 27814 |
order of a licensed physician or licensed chiropractor, or the | 27815 |
cutting, coloring, or styling of an individual's hair. | 27816 |
(r) On and after August 1, 2003, the transportation of | 27817 |
persons by motor vehicle or aircraft is or is to be provided, when | 27818 |
the transportation is entirely within this state, except for | 27819 |
transportation provided by an ambulance service, by a transit bus, | 27820 |
as defined in section 5735.01 of the Revised Code, and | 27821 |
transportation provided by a citizen of the United States holding | 27822 |
a certificate of public convenience and necessity issued under 49 | 27823 |
U.S.C. 41102; | 27824 |
(s) On and after August 1, 2003, motor vehicle towing service | 27825 |
is or is to be provided. As used in this division, "motor vehicle | 27826 |
towing service" means the towing or conveyance of a wrecked, | 27827 |
disabled, or illegally parked motor vehicle. | 27828 |
(t) On and after August 1, 2003, snow removal service is or | 27829 |
is to be provided. As used in this division, "snow removal | 27830 |
service" means the removal of snow by any mechanized means, but | 27831 |
does not include the providing of such service by a person that | 27832 |
has less than five thousand dollars in sales of such service | 27833 |
during the calendar year. | 27834 |
(4) All transactions by which printed, imprinted, | 27835 |
overprinted, lithographic, multilithic, blueprinted, photostatic, | 27836 |
or other productions or reproductions of written or graphic matter | 27837 |
are or are to be furnished or transferred; | 27838 |
(5) The production or fabrication of tangible personal | 27839 |
property for a consideration for consumers who furnish either | 27840 |
directly or indirectly the materials used in the production of | 27841 |
fabrication work; and include the furnishing, preparing, or | 27842 |
serving for a consideration of any tangible personal property | 27843 |
consumed on the premises of the person furnishing, preparing, or | 27844 |
serving such tangible personal property. Except as provided in | 27845 |
section 5739.03 of the Revised Code, a construction contract | 27846 |
pursuant to which tangible personal property is or is to be | 27847 |
incorporated into a structure or improvement on and becoming a | 27848 |
part of real property is not a sale of such tangible personal | 27849 |
property. The construction contractor is the consumer of such | 27850 |
tangible personal property, provided that the sale and | 27851 |
installation of carpeting, the sale and installation of | 27852 |
agricultural land tile, the sale and erection or installation of | 27853 |
portable grain bins, or the provision of landscaping and lawn care | 27854 |
service and the transfer of property as part of such service is | 27855 |
never a construction contract. | 27856 |
As used in division (B)(5) of this section: | 27857 |
(a) "Agricultural land tile" means fired clay or concrete | 27858 |
tile, or flexible or rigid perforated plastic pipe or tubing, | 27859 |
incorporated or to be incorporated into a subsurface drainage | 27860 |
system appurtenant to land used or to be used directly in | 27861 |
production by farming, agriculture, horticulture, or floriculture. | 27862 |
The term does not include such materials when they are or are to | 27863 |
be incorporated into a drainage system appurtenant to a building | 27864 |
or structure even if the building or structure is used or to be | 27865 |
used in such production. | 27866 |
(b) "Portable grain bin" means a structure that is used or to | 27867 |
be used by a person engaged in farming or agriculture to shelter | 27868 |
the person's grain and that is designed to be disassembled without | 27869 |
significant damage to its component parts. | 27870 |
(6) All transactions in which all of the shares of stock of a | 27871 |
closely held corporation are transferred, if the corporation is | 27872 |
not engaging in business and its entire assets consist of boats, | 27873 |
planes, motor vehicles, or other tangible personal property | 27874 |
operated primarily for the use and enjoyment of the shareholders; | 27875 |
(7) All transactions in which a warranty, maintenance or | 27876 |
service contract, or similar agreement by which the vendor of the | 27877 |
warranty, contract, or agreement agrees to repair or maintain the | 27878 |
tangible personal property of the consumer is or is to be | 27879 |
provided; | 27880 |
(8) The transfer of copyrighted motion picture films used | 27881 |
solely for advertising purposes, except that the transfer of such | 27882 |
films for exhibition purposes is not a sale. | 27883 |
(9) On and after August 1, 2003, all transactions by which | 27884 |
tangible personal property is or is to be stored, except such | 27885 |
property that the consumer of the storage holds for sale in the | 27886 |
regular course of business. | 27887 |
Except as provided in this section, "sale" and "selling" do | 27888 |
not include transfers of interest in leased property where the | 27889 |
original lessee and the terms of the original lease agreement | 27890 |
remain unchanged, or professional, insurance, or personal service | 27891 |
transactions that involve the transfer of tangible personal | 27892 |
property as an inconsequential element, for which no separate | 27893 |
charges are made. | 27894 |
(C) "Vendor" means the person providing the service or by | 27895 |
whom the transfer effected or license given by a sale is or is to | 27896 |
be made or given and, for sales described in division (B)(3)(i) of | 27897 |
this section, the telecommunications service vendor that provides | 27898 |
the nine hundred telephone service; if two or more persons are | 27899 |
engaged in business at the same place of business under a single | 27900 |
trade name in which all collections on account of sales by each | 27901 |
are made, such persons shall constitute a single vendor. | 27902 |
Physicians, dentists, hospitals, and veterinarians who are | 27903 |
engaged in selling tangible personal property as received from | 27904 |
others, such as eyeglasses, mouthwashes, dentifrices, or similar | 27905 |
articles, are vendors. Veterinarians who are engaged in | 27906 |
transferring to others for a consideration drugs, the dispensing | 27907 |
of which does not require an order of a licensed veterinarian or | 27908 |
physician under federal law, are vendors. | 27909 |
(D)(1) "Consumer" means the person for whom the service is | 27910 |
provided, to whom the transfer effected or license given by a sale | 27911 |
is or is to be made or given, to whom the service described in | 27912 |
division (B)(3)(f) or (i) of this section is charged, or to whom | 27913 |
the admission is granted. | 27914 |
(2) Physicians, dentists, hospitals, and blood banks operated | 27915 |
by nonprofit institutions and persons licensed to practice | 27916 |
veterinary medicine, surgery, and dentistry are consumers of all | 27917 |
tangible personal property and services purchased by them in | 27918 |
connection with the practice of medicine, dentistry, the rendition | 27919 |
of hospital or blood bank service, or the practice of veterinary | 27920 |
medicine, surgery, and dentistry. In addition to being consumers | 27921 |
of drugs administered by them or by their assistants according to | 27922 |
their direction, veterinarians also are consumers of drugs that | 27923 |
under federal law may be dispensed only by or upon the order of a | 27924 |
licensed veterinarian or physician, when transferred by them to | 27925 |
others for a consideration to provide treatment to animals as | 27926 |
directed by the veterinarian. | 27927 |
(3) A person who performs a facility management, or similar | 27928 |
service contract for a contractee is a consumer of all tangible | 27929 |
personal property and services purchased for use in connection | 27930 |
with the performance of such contract, regardless of whether title | 27931 |
to any such property vests in the contractee. The purchase of such | 27932 |
property and services is not subject to the exception for resale | 27933 |
under division (E)(1) of this section. | 27934 |
(4)(a) In the case of a person who purchases printed matter | 27935 |
for the purpose of distributing it or having it distributed to the | 27936 |
public or to a designated segment of the public, free of charge, | 27937 |
that person is the consumer of that printed matter, and the | 27938 |
purchase of that printed matter for that purpose is a sale. | 27939 |
(b) In the case of a person who produces, rather than | 27940 |
purchases, printed matter for the purpose of distributing it or | 27941 |
having it distributed to the public or to a designated segment of | 27942 |
the public, free of charge, that person is the consumer of all | 27943 |
tangible personal property and services purchased for use or | 27944 |
consumption in the production of that printed matter. That person | 27945 |
is not entitled to claim exemption under division (B)(42)(f) of | 27946 |
section 5739.02 of the Revised Code for any material incorporated | 27947 |
into the printed matter or any equipment, supplies, or services | 27948 |
primarily used to produce the printed matter. | 27949 |
(c) The distribution of printed matter to the public or to a | 27950 |
designated segment of the public, free of charge, is not a sale to | 27951 |
the members of the public to whom the printed matter is | 27952 |
distributed or to any persons who purchase space in the printed | 27953 |
matter for advertising or other purposes. | 27954 |
(5) A person who makes sales of any of the services listed in | 27955 |
division (B)(3) of this section is the consumer of any tangible | 27956 |
personal property used in performing the service. The purchase of | 27957 |
that property is not subject to the resale exception under | 27958 |
division (E)(1) of this section. | 27959 |
(6) A person who engages in highway transportation for hire | 27960 |
is the consumer of all packaging materials purchased by that | 27961 |
person and used in performing the service, except for packaging | 27962 |
materials sold by such person in a transaction separate from the | 27963 |
service. | 27964 |
(E) "Retail sale" and "sales at retail" include all sales, | 27965 |
except those in which the purpose of the consumer is to resell the | 27966 |
thing transferred or benefit of the service provided, by a person | 27967 |
engaging in business, in the form in which the same is, or is to | 27968 |
be, received by the person. | 27969 |
(F) "Business" includes any activity engaged in by any person | 27970 |
with the object of gain, benefit, or advantage, either direct or | 27971 |
indirect. "Business" does not include the activity of a person in | 27972 |
managing and investing the person's own funds. | 27973 |
(G) "Engaging in business" means commencing, conducting, or | 27974 |
continuing in business, and liquidating a business when the | 27975 |
liquidator thereof holds itself out to the public as conducting | 27976 |
such business. Making a casual sale is not engaging in business. | 27977 |
(H)(1)(a) "Price," except as provided in divisions (H)(2) and | 27978 |
(3) of this section, means the total amount of consideration, | 27979 |
including cash, credit, property, and services, for which tangible | 27980 |
personal property or services are sold, leased, or rented, valued | 27981 |
in money, whether received in money or otherwise, without any | 27982 |
deduction for any of the following: | 27983 |
(i) The vendor's cost of the property sold; | 27984 |
(ii) The cost of materials used, labor or service costs, | 27985 |
interest, losses, all costs of transportation to the vendor, all | 27986 |
taxes imposed on the vendor, including the tax imposed under | 27987 |
Chapter 5751. of the Revised Code, and any other expense of the | 27988 |
vendor; | 27989 |
(iii) Charges by the vendor for any services necessary to | 27990 |
complete the sale; | 27991 |
(iv) On and after August 1, 2003, delivery charges. As used | 27992 |
in this division, "delivery charges" means charges by the vendor | 27993 |
for preparation and delivery to a location designated by the | 27994 |
consumer of tangible personal property or a service, including | 27995 |
transportation, shipping, postage, handling, crating, and packing. | 27996 |
(v) Installation charges; | 27997 |
(vi) Credit for any trade-in. | 27998 |
(b) "Price" includes consideration received by the vendor | 27999 |
from a third party, if the vendor actually receives the | 28000 |
consideration from a party other than the consumer, and the | 28001 |
consideration is directly related to a price reduction or discount | 28002 |
on the sale; the vendor has an obligation to pass the price | 28003 |
reduction or discount through to the consumer; the amount of the | 28004 |
consideration attributable to the sale is fixed and determinable | 28005 |
by the vendor at the time of the sale of the item to the consumer; | 28006 |
and one of the following criteria is met: | 28007 |
(i) The consumer presents a coupon, certificate, or other | 28008 |
document to the vendor to claim a price reduction or discount | 28009 |
where the coupon, certificate, or document is authorized, | 28010 |
distributed, or granted by a third party with the understanding | 28011 |
that the third party will reimburse any vendor to whom the coupon, | 28012 |
certificate, or document is presented; | 28013 |
(ii) The consumer identifies the consumer's self to the | 28014 |
seller as a member of a group or organization entitled to a price | 28015 |
reduction or discount. A preferred customer card that is available | 28016 |
to any patron does not constitute membership in such a group or | 28017 |
organization. | 28018 |
(iii) The price reduction or discount is identified as a | 28019 |
third party price reduction or discount on the invoice received by | 28020 |
the consumer, or on a coupon, certificate, or other document | 28021 |
presented by the consumer. | 28022 |
(c) "Price" does not include any of the following: | 28023 |
(i) Discounts, including cash, term, or coupons that are not | 28024 |
reimbursed by a third party that are allowed by a vendor and taken | 28025 |
by a consumer on a sale; | 28026 |
(ii) Interest, financing, and carrying charges from credit | 28027 |
extended on the sale of tangible personal property or services, if | 28028 |
the amount is separately stated on the invoice, bill of sale, or | 28029 |
similar document given to the purchaser; | 28030 |
(iii) Any taxes legally imposed directly on the consumer that | 28031 |
are separately stated on the invoice, bill of sale, or similar | 28032 |
document given to the consumer. For the purpose of this division, | 28033 |
the tax imposed under Chapter 5751. of the Revised Code is not a | 28034 |
tax directly on the consumer, even if the tax or a portion thereof | 28035 |
is separately stated. | 28036 |
(iv) Notwithstanding divisions (H)(1)(b)(i) to (iii) of this | 28037 |
section, any discount allowed by an automobile manufacturer to its | 28038 |
employee, or to the employee of a supplier, on the purchase of a | 28039 |
new motor vehicle from a new motor vehicle dealer in this state. | 28040 |
(2) In the case of a sale of any new motor vehicle by a new | 28041 |
motor vehicle dealer, as defined in section 4517.01 of the Revised | 28042 |
Code, in which another motor vehicle is accepted by the dealer as | 28043 |
part of the consideration received, "price" has the same meaning | 28044 |
as in division (H)(1) of this section, reduced by the credit | 28045 |
afforded the consumer by the dealer for the motor vehicle received | 28046 |
in trade. | 28047 |
(3) In the case of a sale of any watercraft or outboard motor | 28048 |
by a watercraft dealer licensed in accordance with section | 28049 |
1547.543 of the Revised Code, in which another watercraft, | 28050 |
watercraft and trailer, or outboard motor is accepted by the | 28051 |
dealer as part of the consideration received, "price" has the same | 28052 |
meaning as in division (H)(1) of this section, reduced by the | 28053 |
credit afforded the consumer by the dealer for the watercraft, | 28054 |
watercraft and trailer, or outboard motor received in trade. As | 28055 |
used in this division, "watercraft" includes an outdrive unit | 28056 |
attached to the watercraft. | 28057 |
(I) "Receipts" means the total amount of the prices of the | 28058 |
sales of vendors, provided that cash discounts allowed and taken | 28059 |
on sales at the time they are consummated are not included, minus | 28060 |
any amount deducted as a bad debt pursuant to section 5739.121 of | 28061 |
the Revised Code. "Receipts" does not include the sale price of | 28062 |
property returned or services rejected by consumers when the full | 28063 |
sale price and tax are refunded either in cash or by credit. | 28064 |
(J) "Place of business" means any location at which a person | 28065 |
engages in business. | 28066 |
(K) "Premises" includes any real property or portion thereof | 28067 |
upon which any person engages in selling tangible personal | 28068 |
property at retail or making retail sales and also includes any | 28069 |
real property or portion thereof designated for, or devoted to, | 28070 |
use in conjunction with the business engaged in by such person. | 28071 |
(L) "Casual sale" means a sale of an item of tangible | 28072 |
personal property that was obtained by the person making the sale, | 28073 |
through purchase or otherwise, for the person's own use and was | 28074 |
previously subject to any state's taxing jurisdiction on its sale | 28075 |
or use, and includes such items acquired for the seller's use that | 28076 |
are sold by an auctioneer employed directly by the person for such | 28077 |
purpose, provided the location of such sales is not the | 28078 |
auctioneer's permanent place of business. As used in this | 28079 |
division, "permanent place of business" includes any location | 28080 |
where such auctioneer has conducted more than two auctions during | 28081 |
the year. | 28082 |
(M) "Hotel" means every establishment kept, used, maintained, | 28083 |
advertised, or held out to the public to be a place where sleeping | 28084 |
accommodations are offered to guests, in which five or more rooms | 28085 |
are used for the accommodation of such guests, whether the rooms | 28086 |
are in one or several structures. | 28087 |
(N) "Transient guests" means persons occupying a room or | 28088 |
rooms for sleeping accommodations for less than thirty consecutive | 28089 |
days. | 28090 |
(O) "Making retail sales" means the effecting of transactions | 28091 |
wherein one party is obligated to pay the price and the other | 28092 |
party is obligated to provide a service or to transfer title to or | 28093 |
possession of the item sold. "Making retail sales" does not | 28094 |
include the preliminary acts of promoting or soliciting the retail | 28095 |
sales, other than the distribution of printed matter which | 28096 |
displays or describes and prices the item offered for sale, nor | 28097 |
does it include delivery of a predetermined quantity of tangible | 28098 |
personal property or transportation of property or personnel to or | 28099 |
from a place where a service is performed, regardless of whether | 28100 |
the vendor is a delivery vendor. | 28101 |
(P) "Used directly in the rendition of a public utility | 28102 |
service" means that property that is to be incorporated into and | 28103 |
will become a part of the consumer's production, transmission, | 28104 |
transportation, or distribution system and that retains its | 28105 |
classification as tangible personal property after such | 28106 |
incorporation; fuel or power used in the production, transmission, | 28107 |
transportation, or distribution system; and tangible personal | 28108 |
property used in the repair and maintenance of the production, | 28109 |
transmission, transportation, or distribution system, including | 28110 |
only such motor vehicles as are specially designed and equipped | 28111 |
for such use. Tangible personal property and services used | 28112 |
primarily in providing highway transportation for hire are not | 28113 |
used directly in the rendition of a public utility service. | 28114 |
(Q) "Refining" means removing or separating a desirable | 28115 |
product from raw or contaminated materials by distillation or | 28116 |
physical, mechanical, or chemical processes. | 28117 |
(R) "Assembly" and "assembling" mean attaching or fitting | 28118 |
together parts to form a product, but do not include packaging a | 28119 |
product. | 28120 |
(S) "Manufacturing operation" means a process in which | 28121 |
materials are changed, converted, or transformed into a different | 28122 |
state or form from which they previously existed and includes | 28123 |
refining materials, assembling parts, and preparing raw materials | 28124 |
and parts by mixing, measuring, blending, or otherwise committing | 28125 |
such materials or parts to the manufacturing process. | 28126 |
"Manufacturing operation" does not include packaging. | 28127 |
(T) "Fiscal officer" means, with respect to a regional | 28128 |
transit authority, the secretary-treasurer thereof, and with | 28129 |
respect to a county that is a transit authority, the fiscal | 28130 |
officer of the county transit board if one is appointed pursuant | 28131 |
to section 306.03 of the Revised Code or the county auditor if the | 28132 |
board of county commissioners operates the county transit system. | 28133 |
(U) "Transit authority" means a regional transit authority | 28134 |
created pursuant to section 306.31 of the Revised Code or a county | 28135 |
in which a county transit system is created pursuant to section | 28136 |
306.01 of the Revised Code. For the purposes of this chapter, a | 28137 |
transit authority must extend to at least the entire area of a | 28138 |
single county. A transit authority that includes territory in more | 28139 |
than one county must include all the area of the most populous | 28140 |
county that is a part of such transit authority. County population | 28141 |
shall be measured by the most recent census taken by the United | 28142 |
States census bureau. | 28143 |
(V) "Legislative authority" means, with respect to a regional | 28144 |
transit authority, the board of trustees thereof, and with respect | 28145 |
to a county that is a transit authority, the board of county | 28146 |
commissioners. | 28147 |
(W) "Territory of the transit authority" means all of the | 28148 |
area included within the territorial boundaries of a transit | 28149 |
authority as they from time to time exist. Such territorial | 28150 |
boundaries must at all times include all the area of a single | 28151 |
county or all the area of the most populous county that is a part | 28152 |
of such transit authority. County population shall be measured by | 28153 |
the most recent census taken by the United States census bureau. | 28154 |
(X) "Providing a service" means providing or furnishing | 28155 |
anything described in division (B)(3) of this section for | 28156 |
consideration. | 28157 |
(Y)(1)(a) "Automatic data processing" means processing of | 28158 |
others' data, including keypunching or similar data entry services | 28159 |
together with verification thereof, or providing access to | 28160 |
computer equipment for the purpose of processing data. | 28161 |
(b) "Computer services" means providing services consisting | 28162 |
of specifying computer hardware configurations and evaluating | 28163 |
technical processing characteristics, computer programming, and | 28164 |
training of computer programmers and operators, provided in | 28165 |
conjunction with and to support the sale, lease, or operation of | 28166 |
taxable computer equipment or systems. | 28167 |
(c) "Electronic information services" means providing access | 28168 |
to computer equipment by means of telecommunications equipment for | 28169 |
the purpose of either of the following: | 28170 |
(i) Examining or acquiring data stored in or accessible to | 28171 |
the computer equipment; | 28172 |
(ii) Placing data into the computer equipment to be retrieved | 28173 |
by designated recipients with access to the computer equipment. | 28174 |
(d) "Automatic data processing, computer services, or | 28175 |
electronic information services" shall not include personal or | 28176 |
professional services. | 28177 |
(2) As used in divisions (B)(3)(e) and (Y)(1) of this | 28178 |
section, "personal and professional services" means all services | 28179 |
other than automatic data processing, computer services, or | 28180 |
electronic information services, including but not limited to: | 28181 |
(a) Accounting and legal services such as advice on tax | 28182 |
matters, asset management, budgetary matters, quality control, | 28183 |
information security, and auditing and any other situation where | 28184 |
the service provider receives data or information and studies, | 28185 |
alters, analyzes, interprets, or adjusts such material; | 28186 |
(b) Analyzing business policies and procedures; | 28187 |
(c) Identifying management information needs; | 28188 |
(d) Feasibility studies, including economic and technical | 28189 |
analysis of existing or potential computer hardware or software | 28190 |
needs and alternatives; | 28191 |
(e) Designing policies, procedures, and custom software for | 28192 |
collecting business information, and determining how data should | 28193 |
be summarized, sequenced, formatted, processed, controlled, and | 28194 |
reported so that it will be meaningful to management; | 28195 |
(f) Developing policies and procedures that document how | 28196 |
business events and transactions are to be authorized, executed, | 28197 |
and controlled; | 28198 |
(g) Testing of business procedures; | 28199 |
(h) Training personnel in business procedure applications; | 28200 |
(i) Providing credit information to users of such information | 28201 |
by a consumer reporting agency, as defined in the "Fair Credit | 28202 |
Reporting Act," 84 Stat. 1114, 1129 (1970), 15 U.S.C. 1681a(f), or | 28203 |
as hereafter amended, including but not limited to gathering, | 28204 |
organizing, analyzing, recording, and furnishing such information | 28205 |
by any oral, written, graphic, or electronic medium; | 28206 |
(j) Providing debt collection services by any oral, written, | 28207 |
graphic, or electronic means. | 28208 |
The services listed in divisions (Y)(2)(a) to (j) of this | 28209 |
section are not automatic data processing or computer services. | 28210 |
(Z) "Highway transportation for hire" means the | 28211 |
transportation of personal property belonging to others for | 28212 |
consideration by any of the following: | 28213 |
(1) The holder of a permit or certificate issued by this | 28214 |
state or the United States authorizing the holder to engage in | 28215 |
transportation of personal property belonging to others for | 28216 |
consideration over or on highways, roadways, streets, or any | 28217 |
similar public thoroughfare; | 28218 |
(2) A person who engages in the transportation of personal | 28219 |
property belonging to others for consideration over or on | 28220 |
highways, roadways, streets, or any similar public thoroughfare | 28221 |
but who could not have engaged in such transportation on December | 28222 |
11, 1985, unless the person was the holder of a permit or | 28223 |
certificate of the types described in division (Z)(1) of this | 28224 |
section; | 28225 |
(3) A person who leases a motor vehicle to and operates it | 28226 |
for a person described by division (Z)(1) or (2) of this section. | 28227 |
(AA)(1) "Telecommunications service" means the electronic | 28228 |
transmission, conveyance, or routing of voice, data, audio, video, | 28229 |
or any other information or signals to a point, or between or | 28230 |
among points. "Telecommunications service" includes such | 28231 |
transmission, conveyance, or routing in which computer processing | 28232 |
applications are used to act on the form, code, or protocol of the | 28233 |
content for purposes of transmission, conveyance, or routing | 28234 |
without regard to whether the service is referred to as voice-over | 28235 |
internet protocol service or is classified by the federal | 28236 |
communications commission as enhanced or value-added. | 28237 |
"Telecommunications service" does not include any of the | 28238 |
following: | 28239 |
(a) Data processing and information services that allow data | 28240 |
to be generated, acquired, stored, processed, or retrieved and | 28241 |
delivered by an electronic transmission to a consumer where the | 28242 |
consumer's primary purpose for the underlying transaction is the | 28243 |
processed data or information; | 28244 |
(b) Installation or maintenance of wiring or equipment on a | 28245 |
customer's premises; | 28246 |
(c) Tangible personal property; | 28247 |
(d) Advertising, including directory advertising; | 28248 |
(e) Billing and collection services provided to third | 28249 |
parties; | 28250 |
(f) Internet access service; | 28251 |
(g) Radio and television audio and video programming | 28252 |
services, regardless of the medium, including the furnishing of | 28253 |
transmission, conveyance, and routing of such services by the | 28254 |
programming service provider. Radio and television audio and video | 28255 |
programming services include, but are not limited to, cable | 28256 |
service, as defined in 47 U.S.C. 522(6), and audio and video | 28257 |
programming services delivered by commercial mobile radio service | 28258 |
providers, as defined in 47 C.F.R. 20.3; | 28259 |
(h) Ancillary service; | 28260 |
(i) Digital products delivered electronically, including | 28261 |
software, music, video, reading materials, or ring tones. | 28262 |
(2) "Ancillary service" means a service that is associated | 28263 |
with or incidental to the provision of telecommunications service, | 28264 |
including conference bridging service, detailed telecommunications | 28265 |
billing service, directory assistance, vertical service, and voice | 28266 |
mail service. As used in this division: | 28267 |
(a) "Conference bridging service" means an ancillary service | 28268 |
that links two or more participants of an audio or video | 28269 |
conference call, including providing a telephone number. | 28270 |
"Conference bridging service" does not include telecommunications | 28271 |
services used to reach the conference bridge. | 28272 |
(b) "Detailed telecommunications billing service" means an | 28273 |
ancillary service of separately stating information pertaining to | 28274 |
individual calls on a customer's billing statement. | 28275 |
(c) "Directory assistance" means an ancillary service of | 28276 |
providing telephone number or address information. | 28277 |
(d) "Vertical service" means an ancillary service that is | 28278 |
offered in connection with one or more telecommunications | 28279 |
services, which offers advanced calling features that allow | 28280 |
customers to identify callers and manage multiple calls and call | 28281 |
connections, including conference bridging service. | 28282 |
(e) "Voice mail service" means an ancillary service that | 28283 |
enables the customer to store, send, or receive recorded messages. | 28284 |
"Voice mail service" does not include any vertical services that | 28285 |
the customer may be required to have in order to utilize the voice | 28286 |
mail service. | 28287 |
(3) "900 service" means an inbound toll telecommunications | 28288 |
service purchased by a subscriber that allows the subscriber's | 28289 |
customers to call in to the subscriber's prerecorded announcement | 28290 |
or live service, and which is typically marketed under the name | 28291 |
"900" service and any subsequent numbers designated by the federal | 28292 |
communications commission. "900 service" does not include the | 28293 |
charge for collection services provided by the seller of the | 28294 |
telecommunications service to the subscriber, or services or | 28295 |
products sold by the subscriber to the subscriber's customer. | 28296 |
(4) "Prepaid calling service" means the right to access | 28297 |
exclusively telecommunications services, which must be paid for in | 28298 |
advance and which enables the origination of calls using an access | 28299 |
number or authorization code, whether manually or electronically | 28300 |
dialed, and that is sold in predetermined units of dollars of | 28301 |
which the number declines with use in a known amount. | 28302 |
(5) "Prepaid wireless calling service" means a | 28303 |
telecommunications service that provides the right to utilize | 28304 |
mobile telecommunications service as well as other | 28305 |
non-telecommunications services, including the download of digital | 28306 |
products delivered electronically, and content and ancillary | 28307 |
services, that must be paid for in advance and that is sold in | 28308 |
predetermined units of dollars of which the number declines with | 28309 |
use in a known amount. | 28310 |
(6) "Value-added non-voice data service" means a | 28311 |
telecommunications service in which computer processing | 28312 |
applications are used to act on the form, content, code, or | 28313 |
protocol of the information or data primarily for a purpose other | 28314 |
than transmission, conveyance, or routing. | 28315 |
(7) "Coin-operated telephone service" means a | 28316 |
telecommunications service paid for by inserting money into a | 28317 |
telephone accepting direct deposits of money to operate. | 28318 |
(8) "Customer" has the same meaning as in section 5739.034 of | 28319 |
the Revised Code. | 28320 |
(BB) "Laundry and dry cleaning services" means removing soil | 28321 |
or dirt from towels, linens, articles of clothing, or other fabric | 28322 |
items that belong to others and supplying towels, linens, articles | 28323 |
of clothing, or other fabric items. "Laundry and dry cleaning | 28324 |
services" does not include the provision of self-service | 28325 |
facilities for use by consumers to remove soil or dirt from | 28326 |
towels, linens, articles of clothing, or other fabric items. | 28327 |
(CC) "Magazines distributed as controlled circulation | 28328 |
publications" means magazines containing at least twenty-four | 28329 |
pages, at least twenty-five per cent editorial content, issued at | 28330 |
regular intervals four or more times a year, and circulated | 28331 |
without charge to the recipient, provided that such magazines are | 28332 |
not owned or controlled by individuals or business concerns which | 28333 |
conduct such publications as an auxiliary to, and essentially for | 28334 |
the advancement of the main business or calling of, those who own | 28335 |
or control them. | 28336 |
(DD) "Landscaping and lawn care service" means the services | 28337 |
of planting, seeding, sodding, removing, cutting, trimming, | 28338 |
pruning, mulching, aerating, applying chemicals, watering, | 28339 |
fertilizing, and providing similar services to establish, promote, | 28340 |
or control the growth of trees, shrubs, flowers, grass, ground | 28341 |
cover, and other flora, or otherwise maintaining a lawn or | 28342 |
landscape grown or maintained by the owner for ornamentation or | 28343 |
other nonagricultural purpose. However, "landscaping and lawn care | 28344 |
service" does not include the providing of such services by a | 28345 |
person who has less than five thousand dollars in sales of such | 28346 |
services during the calendar year. | 28347 |
(EE) "Private investigation and security service" means the | 28348 |
performance of any activity for which the provider of such service | 28349 |
is required to be licensed pursuant to Chapter 4749. of the | 28350 |
Revised Code, or would be required to be so licensed in performing | 28351 |
such services in this state, and also includes the services of | 28352 |
conducting polygraph examinations and of monitoring or overseeing | 28353 |
the activities on or in, or the condition of, the consumer's home, | 28354 |
business, or other facility by means of electronic or similar | 28355 |
monitoring devices. "Private investigation and security service" | 28356 |
does not include special duty services provided by off-duty police | 28357 |
officers, deputy sheriffs, and other peace officers regularly | 28358 |
employed by the state or a political subdivision. | 28359 |
(FF) "Information services" means providing conversation, | 28360 |
giving consultation or advice, playing or making a voice or other | 28361 |
recording, making or keeping a record of the number of callers, | 28362 |
and any other service provided to a consumer by means of a nine | 28363 |
hundred telephone call, except when the nine hundred telephone | 28364 |
call is the means by which the consumer makes a contribution to a | 28365 |
recognized charity. | 28366 |
(GG) "Research and development" means designing, creating, or | 28367 |
formulating new or enhanced products, equipment, or manufacturing | 28368 |
processes, and also means conducting scientific or technological | 28369 |
inquiry and experimentation in the physical sciences with the goal | 28370 |
of increasing scientific knowledge which may reveal the bases for | 28371 |
new or enhanced products, equipment, or manufacturing processes. | 28372 |
(HH) "Qualified research and development equipment" means | 28373 |
capitalized tangible personal property, and leased personal | 28374 |
property that would be capitalized if purchased, used by a person | 28375 |
primarily to perform research and development. Tangible personal | 28376 |
property primarily used in testing, as defined in division (A)(4) | 28377 |
of section 5739.011 of the Revised Code, or used for recording or | 28378 |
storing test results, is not qualified research and development | 28379 |
equipment unless such property is primarily used by the consumer | 28380 |
in testing the product, equipment, or manufacturing process being | 28381 |
created, designed, or formulated by the consumer in the research | 28382 |
and development activity or in recording or storing such test | 28383 |
results. | 28384 |
(II) "Building maintenance and janitorial service" means | 28385 |
cleaning the interior or exterior of a building and any tangible | 28386 |
personal property located therein or thereon, including any | 28387 |
services incidental to such cleaning for which no separate charge | 28388 |
is made. However, "building maintenance and janitorial service" | 28389 |
does not include the providing of such service by a person who has | 28390 |
less than five thousand dollars in sales of such service during | 28391 |
the calendar year. | 28392 |
(JJ) "Employment service" means providing or supplying | 28393 |
personnel, on a temporary or long-term basis, to perform work or | 28394 |
labor primarily under the direct supervision or control of | 28395 |
another, when the personnel so supplied receive their wages, | 28396 |
salary, or other compensation from the provider of the service. | 28397 |
"Employment service" does not include: | 28398 |
(1) Acting as a contractor or subcontractor, where the | 28399 |
personnel performing the work are not under the direct control of | 28400 |
the purchaser. | 28401 |
(2) Medical and health care services. | 28402 |
(3) Supplying personnel to a purchaser pursuant to a contract | 28403 |
of at least one year between the service provider and the | 28404 |
purchaser that specifies that each employee covered under the | 28405 |
contract is assigned to the purchaser on a permanent basis. | 28406 |
(4) Transactions between members of an affiliated group, as | 28407 |
defined in division (B)(3)(e) of this section. | 28408 |
(5)(a) Qualified information technology services. As used in | 28409 |
this division, "qualified information technology services" means | 28410 |
either of the following services that are provided by a vendor, an | 28411 |
affiliated group of vendors, or a subcontractor of a vendor to a | 28412 |
consumer or an affiliated group of consumers, if the services are | 28413 |
rendered by at least twenty-five employees who cumulatively work | 28414 |
at least six thousand hours within a calendar quarter at one or | 28415 |
more locations of a consumer or an affiliated group of consumers: | 28416 |
(i) Feasibility studies, including economic and technical | 28417 |
analysis of existing or potential computer hardware or software | 28418 |
needs and alternatives; or | 28419 |
(ii) Designing policies, procedures, and custom software for | 28420 |
collecting business information, and determining how data should | 28421 |
be summarized, sequenced, formatted, processed, controlled, and | 28422 |
reported so that it will be meaningful to management. | 28423 |
(b) As used in division (JJ)(5)(a) of this section, | 28424 |
"affiliated group" has the same meaning as in division (B)(3)(e) | 28425 |
of this section. | 28426 |
(KK) "Employment placement service" means locating or finding | 28427 |
employment for a person or finding or locating an employee to fill | 28428 |
an available position. | 28429 |
(LL) "Exterminating service" means eradicating or attempting | 28430 |
to eradicate vermin infestations from a building or structure, or | 28431 |
the area surrounding a building or structure, and includes | 28432 |
activities to inspect, detect, or prevent vermin infestation of a | 28433 |
building or structure. | 28434 |
(MM) "Physical fitness facility service" means all | 28435 |
transactions by which a membership is granted, maintained, or | 28436 |
renewed, including initiation fees, membership dues, renewal fees, | 28437 |
monthly minimum fees, and other similar fees and dues, by a | 28438 |
physical fitness facility such as an athletic club, health spa, or | 28439 |
gymnasium, which entitles the member to use the facility for | 28440 |
physical exercise. | 28441 |
(NN) "Recreation and sports club service" means all | 28442 |
transactions by which a membership is granted, maintained, or | 28443 |
renewed, including initiation fees, membership dues, renewal fees, | 28444 |
monthly minimum fees, and other similar fees and dues, by a | 28445 |
recreation and sports club, which entitles the member to use the | 28446 |
facilities of the organization. "Recreation and sports club" means | 28447 |
an organization that has ownership of, or controls or leases on a | 28448 |
continuing, long-term basis, the facilities used by its members | 28449 |
and includes an aviation club, gun or shooting club, yacht club, | 28450 |
card club, swimming club, tennis club, golf club, country club, | 28451 |
riding club, amateur sports club, or similar organization. | 28452 |
(OO) "Livestock" means farm animals commonly raised for food | 28453 |
or food production, and includes but is not limited to cattle, | 28454 |
sheep, goats, swine, and poultry. "Livestock" does not include | 28455 |
invertebrates, fish, amphibians, reptiles, horses, domestic pets, | 28456 |
animals for use in laboratories or for exhibition, or other | 28457 |
animals not commonly raised for food or food production. | 28458 |
(PP) "Livestock structure" means a building or structure used | 28459 |
exclusively for the housing, raising, feeding, or sheltering of | 28460 |
livestock, and includes feed storage or handling structures and | 28461 |
structures for livestock waste handling. | 28462 |
(QQ) "Horticulture" means the growing, cultivation, and | 28463 |
production of flowers, fruits, herbs, vegetables, sod, mushrooms, | 28464 |
and nursery stock. As used in this division, "nursery stock" has | 28465 |
the same meaning as in section 927.51 of the Revised Code. | 28466 |
(RR) "Horticulture structure" means a building or structure | 28467 |
used exclusively for the commercial growing, raising, or | 28468 |
overwintering of horticultural products, and includes the area | 28469 |
used for stocking, storing, and packing horticultural products | 28470 |
when done in conjunction with the production of those products. | 28471 |
(SS) "Newspaper" means an unbound publication bearing a title | 28472 |
or name that is regularly published, at least as frequently as | 28473 |
biweekly, and distributed from a fixed place of business to the | 28474 |
public in a specific geographic area, and that contains a | 28475 |
substantial amount of news matter of international, national, or | 28476 |
local events of interest to the general public. | 28477 |
(TT) "Professional racing team" means a person that employs | 28478 |
at least twenty full-time employees for the purpose of conducting | 28479 |
a motor vehicle racing business for profit. The person must | 28480 |
conduct the business with the purpose of racing one or more motor | 28481 |
racing vehicles in at least ten competitive professional racing | 28482 |
events each year that comprise all or part of a motor racing | 28483 |
series sanctioned by one or more motor racing sanctioning | 28484 |
organizations. A "motor racing vehicle" means a vehicle for which | 28485 |
the chassis, engine, and parts are designed exclusively for motor | 28486 |
racing, and does not include a stock or production model vehicle | 28487 |
that may be modified for use in racing. For the purposes of this | 28488 |
division: | 28489 |
(1) A "competitive professional racing event" is a motor | 28490 |
vehicle racing event sanctioned by one or more motor racing | 28491 |
sanctioning organizations, at which aggregate cash prizes in | 28492 |
excess of eight hundred thousand dollars are awarded to the | 28493 |
competitors. | 28494 |
(2) "Full-time employee" means an individual who is employed | 28495 |
for consideration for thirty-five or more hours a week, or who | 28496 |
renders any other standard of service generally accepted by custom | 28497 |
or specified by contract as full-time employment. | 28498 |
(UU)(1) "Lease" or "rental" means any transfer of the | 28499 |
possession or control of tangible personal property for a fixed or | 28500 |
indefinite term, for consideration. "Lease" or "rental" includes | 28501 |
future options to purchase or extend, and agreements described in | 28502 |
26 U.S.C. 7701(h)(1) covering motor vehicles and trailers where | 28503 |
the amount of consideration may be increased or decreased by | 28504 |
reference to the amount realized upon the sale or disposition of | 28505 |
the property. "Lease" or "rental" does not include: | 28506 |
(a) A transfer of possession or control of tangible personal | 28507 |
property under a security agreement or a deferred payment plan | 28508 |
that requires the transfer of title upon completion of the | 28509 |
required payments; | 28510 |
(b) A transfer of possession or control of tangible personal | 28511 |
property under an agreement that requires the transfer of title | 28512 |
upon completion of required payments and payment of an option | 28513 |
price that does not exceed the greater of one hundred dollars or | 28514 |
one per cent of the total required payments; | 28515 |
(c) Providing tangible personal property along with an | 28516 |
operator for a fixed or indefinite period of time, if the operator | 28517 |
is necessary for the property to perform as designed. For purposes | 28518 |
of this division, the operator must do more than maintain, | 28519 |
inspect, or set-up the tangible personal property. | 28520 |
(2) "Lease" and "rental," as defined in division (UU) of this | 28521 |
section, shall not apply to leases or rentals that exist before | 28522 |
June 26, 2003. | 28523 |
(3) "Lease" and "rental" have the same meaning as in division | 28524 |
(UU)(1) of this section regardless of whether a transaction is | 28525 |
characterized as a lease or rental under generally accepted | 28526 |
accounting principles, the Internal Revenue Code, Title XIII of | 28527 |
the Revised Code, or other federal, state, or local laws. | 28528 |
(VV) "Mobile telecommunications service" has the same meaning | 28529 |
as in the "Mobile Telecommunications Sourcing Act," Pub. L. No. | 28530 |
106-252, 114 Stat. 631 (2000), 4 U.S.C.A. 124(7), as amended, and, | 28531 |
on and after August 1, 2003, includes related fees and ancillary | 28532 |
services, including universal service fees, detailed billing | 28533 |
service, directory assistance, service initiation, voice mail | 28534 |
service, and vertical services, such as caller ID and three-way | 28535 |
calling. | 28536 |
(WW) "Certified service provider" has the same meaning as in | 28537 |
section 5740.01 of the Revised Code. | 28538 |
(XX) "Satellite broadcasting service" means the distribution | 28539 |
or broadcasting of programming or services by satellite directly | 28540 |
to the subscriber's receiving equipment without the use of ground | 28541 |
receiving or distribution equipment, except the subscriber's | 28542 |
receiving equipment or equipment used in the uplink process to the | 28543 |
satellite, and includes all service and rental charges, premium | 28544 |
channels or other special services, installation and repair | 28545 |
service charges, and any other charges having any connection with | 28546 |
the provision of the satellite broadcasting service. | 28547 |
(YY) "Tangible personal property" means personal property | 28548 |
that can be seen, weighed, measured, felt, or touched, or that is | 28549 |
in any other manner perceptible to the senses. For purposes of | 28550 |
this chapter and Chapter 5741. of the Revised Code, "tangible | 28551 |
personal property" includes motor vehicles, electricity, water, | 28552 |
gas, steam, and prewritten computer software. | 28553 |
(ZZ) "Direct mail" means printed material delivered or | 28554 |
distributed by United States mail or other delivery service to a | 28555 |
mass audience or to addressees on a mailing list provided by the | 28556 |
consumer or at the direction of the consumer when the cost of the | 28557 |
items are not billed directly to the recipients. "Direct mail" | 28558 |
includes tangible personal property supplied directly or | 28559 |
indirectly by the consumer to the direct mail vendor for inclusion | 28560 |
in the package containing the printed material. "Direct mail" does | 28561 |
not include multiple items of printed material delivered to a | 28562 |
single address. | 28563 |
(AAA) "Computer" means an electronic device that accepts | 28564 |
information in digital or similar form and manipulates it for a | 28565 |
result based on a sequence of instructions. | 28566 |
(BBB) "Computer software" means a set of coded instructions | 28567 |
designed to cause a computer or automatic data processing | 28568 |
equipment to perform a task. | 28569 |
(CCC) "Delivered electronically" means delivery of computer | 28570 |
software from the seller to the purchaser by means other than | 28571 |
tangible storage media. | 28572 |
(DDD) "Prewritten computer software" means computer software, | 28573 |
including prewritten upgrades, that is not designed and developed | 28574 |
by the author or other creator to the specifications of a specific | 28575 |
purchaser. The combining of two or more prewritten computer | 28576 |
software programs or prewritten portions thereof does not cause | 28577 |
the combination to be other than prewritten computer software. | 28578 |
"Prewritten computer software" includes software designed and | 28579 |
developed by the author or other creator to the specifications of | 28580 |
a specific purchaser when it is sold to a person other than the | 28581 |
purchaser. If a person modifies or enhances computer software of | 28582 |
which the person is not the author or creator, the person shall be | 28583 |
deemed to be the author or creator only of such person's | 28584 |
modifications or enhancements. Prewritten computer software or a | 28585 |
prewritten portion thereof that is modified or enhanced to any | 28586 |
degree, where such modification or enhancement is designed and | 28587 |
developed to the specifications of a specific purchaser, remains | 28588 |
prewritten computer software; provided, however, that where there | 28589 |
is a reasonable, separately stated charge or an invoice or other | 28590 |
statement of the price given to the purchaser for the modification | 28591 |
or enhancement, the modification or enhancement shall not | 28592 |
constitute prewritten computer software. | 28593 |
(EEE)(1) "Food" means substances, whether in liquid, | 28594 |
concentrated, solid, frozen, dried, or dehydrated form, that are | 28595 |
sold for ingestion or chewing by humans and are consumed for their | 28596 |
taste or nutritional value. "Food" does not include alcoholic | 28597 |
beverages, dietary supplements, soft drinks, or tobacco. | 28598 |
(2) As used in division (EEE)(1) of this section: | 28599 |
(a) "Alcoholic beverages" means beverages that are suitable | 28600 |
for human consumption and contain one-half of one per cent or more | 28601 |
of alcohol by volume. | 28602 |
(b) "Dietary supplements" means any product, other than | 28603 |
tobacco, that is intended to supplement the diet and that is | 28604 |
intended for ingestion in tablet, capsule, powder, softgel, | 28605 |
gelcap, or liquid form, or, if not intended for ingestion in such | 28606 |
a form, is not represented as conventional food for use as a sole | 28607 |
item of a meal or of the diet; that is required to be labeled as a | 28608 |
dietary supplement, identifiable by the "supplement facts" box | 28609 |
found on the label, as required by 21 C.F.R. 101.36; and that | 28610 |
contains one or more of the following dietary ingredients: | 28611 |
(i) A vitamin; | 28612 |
(ii) A mineral; | 28613 |
(iii) An herb or other botanical; | 28614 |
(iv) An amino acid; | 28615 |
(v) A dietary substance for use by humans to supplement the | 28616 |
diet by increasing the total dietary intake; | 28617 |
(vi) A concentrate, metabolite, constituent, extract, or | 28618 |
combination of any ingredient described in divisions | 28619 |
(EEE)(2)(b)(i) to (v) of this section. | 28620 |
(c) "Soft drinks" means nonalcoholic beverages that contain | 28621 |
natural or artificial sweeteners. "Soft drinks" does not include | 28622 |
beverages that contain milk or milk products, soy, rice, or | 28623 |
similar milk substitutes, or that contains greater than fifty per | 28624 |
cent vegetable or fruit juice by volume. | 28625 |
(d) "Tobacco" means cigarettes, cigars, chewing or pipe | 28626 |
tobacco, or any other item that contains tobacco. | 28627 |
(FFF) "Drug" means a compound, substance, or preparation, and | 28628 |
any component of a compound, substance, or preparation, other than | 28629 |
food, dietary supplements, or alcoholic beverages that is | 28630 |
recognized in the official United States pharmacopoeia, official | 28631 |
homeopathic pharmacopoeia of the United States, or official | 28632 |
national formulary, and supplements to them; is intended for use | 28633 |
in the diagnosis, cure, mitigation, treatment, or prevention of | 28634 |
disease; or is intended to affect the structure or any function of | 28635 |
the body. | 28636 |
(GGG) "Prescription" means an order, formula, or recipe | 28637 |
issued in any form of oral, written, electronic, or other means of | 28638 |
transmission by a duly licensed practitioner authorized by the | 28639 |
laws of this state to issue a prescription. | 28640 |
(HHH) "Durable medical equipment" means equipment, including | 28641 |
repair and replacement parts for such equipment, that can | 28642 |
withstand repeated use, is primarily and customarily used to serve | 28643 |
a medical purpose, generally is not useful to a person in the | 28644 |
absence of illness or injury, and is not worn in or on the body. | 28645 |
"Durable medical equipment" does not include mobility enhancing | 28646 |
equipment. | 28647 |
(III) "Mobility enhancing equipment" means equipment, | 28648 |
including repair and replacement parts for such equipment, that is | 28649 |
primarily and customarily used to provide or increase the ability | 28650 |
to move from one place to another and is appropriate for use | 28651 |
either in a home or a motor vehicle, that is not generally used by | 28652 |
persons with normal mobility, and that does not include any motor | 28653 |
vehicle or equipment on a motor vehicle normally provided by a | 28654 |
motor vehicle manufacturer. "Mobility enhancing equipment" does | 28655 |
not include durable medical equipment. | 28656 |
(JJJ) "Prosthetic device" means a replacement, corrective, or | 28657 |
supportive device, including repair and replacement parts for the | 28658 |
device, worn on or in the human body to artificially replace a | 28659 |
missing portion of the body, prevent or correct physical deformity | 28660 |
or malfunction, or support a weak or deformed portion of the body. | 28661 |
As used in this division, "prosthetic device" does not include | 28662 |
corrective eyeglasses, contact lenses, or dental prosthesis. | 28663 |
(KKK)(1) "Fractional aircraft ownership program" means a | 28664 |
program in which persons within an affiliated group sell and | 28665 |
manage fractional ownership program aircraft, provided that at | 28666 |
least one hundred airworthy aircraft are operated in the program | 28667 |
and the program meets all of the following criteria: | 28668 |
(a) Management services are provided by at least one program | 28669 |
manager within an affiliated group on behalf of the fractional | 28670 |
owners. | 28671 |
(b) Each program aircraft is owned or possessed by at least | 28672 |
one fractional owner. | 28673 |
(c) Each fractional owner owns or possesses at least a | 28674 |
one-sixteenth interest in at least one fixed-wing program | 28675 |
aircraft. | 28676 |
(d) A dry-lease aircraft interchange arrangement is in effect | 28677 |
among all of the fractional owners. | 28678 |
(e) Multi-year program agreements are in effect regarding the | 28679 |
fractional ownership, management services, and dry-lease aircraft | 28680 |
interchange arrangement aspects of the program. | 28681 |
(2) As used in division (KKK)(1) of this section: | 28682 |
(a) "Affiliated group" has the same meaning as in division | 28683 |
(B)(3)(e) of this section. | 28684 |
(b) "Fractional owner" means a person that owns or possesses | 28685 |
at least a one-sixteenth interest in a program aircraft and has | 28686 |
entered into the agreements described in division (KKK)(1)(e) of | 28687 |
this section. | 28688 |
(c) "Fractional ownership program aircraft" or "program | 28689 |
aircraft" means a turbojet aircraft that is owned or possessed by | 28690 |
a fractional owner and that has been included in a dry-lease | 28691 |
aircraft interchange arrangement and agreement under divisions | 28692 |
(KKK)(1)(d) and (e) of this section, or an aircraft a program | 28693 |
manager owns or possesses primarily for use in a fractional | 28694 |
aircraft ownership program. | 28695 |
(d) "Management services" means administrative and aviation | 28696 |
support services furnished under a fractional aircraft ownership | 28697 |
program in accordance with a management services agreement under | 28698 |
division (KKK)(1)(e) of this section, and offered by the program | 28699 |
manager to the fractional owners, including, at a minimum, the | 28700 |
establishment and implementation of safety guidelines; the | 28701 |
coordination of the scheduling of the program aircraft and crews; | 28702 |
program aircraft maintenance; program aircraft insurance; crew | 28703 |
training for crews employed, furnished, or contracted by the | 28704 |
program manager or the fractional owner; the satisfaction of | 28705 |
record-keeping requirements; and the development and use of an | 28706 |
operations manual and a maintenance manual for the fractional | 28707 |
aircraft ownership program. | 28708 |
(e) "Program manager" means the person that offers management | 28709 |
services to fractional owners pursuant to a management services | 28710 |
agreement under division (KKK)(1)(e) of this section. | 28711 |
Sec. 5739.011. (A) As used in this section: | 28712 |
(1) "Manufacturer" means a person who is engaged in | 28713 |
manufacturing, processing, assembling, or refining a product for | 28714 |
sale, and solely for the purposes of division (B)(12) of this | 28715 |
section, a person who meets all the qualifications of that | 28716 |
division. | 28717 |
(2) "Manufacturing facility" means a single location where a | 28718 |
manufacturing operation is conducted, including locations | 28719 |
consisting of one or more buildings or structures in a contiguous | 28720 |
area owned or controlled by the manufacturer. | 28721 |
(3) "Materials handling" means the movement of the product | 28722 |
being or to be manufactured, during which movement the product is | 28723 |
not undergoing any substantial change or alteration in its state | 28724 |
or form. | 28725 |
(4) "Testing" means a process or procedure to identify the | 28726 |
properties or assure the quality of a material or product. | 28727 |
(5) "Completed product" means a manufactured item that is in | 28728 |
the form and condition as it will be sold by the manufacturer. An | 28729 |
item is completed when all processes that change or alter its | 28730 |
state or form or enhance its value are finished, even though the | 28731 |
item subsequently will be tested to ensure its quality or be | 28732 |
packaged for storage or shipment. | 28733 |
(6) "Continuous manufacturing operation" means the process in | 28734 |
which raw materials or components are moved through the steps | 28735 |
whereby manufacturing occurs. Materials handling of raw materials | 28736 |
or parts from the point of receipt or preproduction storage or of | 28737 |
a completed product, to or from storage, to or from packaging, or | 28738 |
to the place from which the completed product will be shipped, is | 28739 |
not a part of a continuous manufacturing operation. | 28740 |
(B) For purposes of division (B) | 28741 |
5739.02 of the Revised Code, the "thing transferred" includes, but | 28742 |
is not limited to, any of the following: | 28743 |
(1) Production machinery and equipment that act upon the | 28744 |
product or machinery and equipment that treat the materials or | 28745 |
parts in preparation for the manufacturing operation; | 28746 |
(2) Materials handling equipment that moves the product | 28747 |
through a continuous manufacturing operation; equipment that | 28748 |
temporarily stores the product during the manufacturing operation; | 28749 |
or, excluding motor vehicles licensed to operate on public | 28750 |
highways, equipment used in intraplant or interplant transfers of | 28751 |
work in process where the plant or plants between which such | 28752 |
transfers occur are manufacturing facilities operated by the same | 28753 |
person; | 28754 |
(3) Catalysts, solvents, water, acids, oil, and similar | 28755 |
consumables that interact with the product and that are an | 28756 |
integral part of the manufacturing operation; | 28757 |
(4) Machinery, equipment, and other tangible personal | 28758 |
property used during the manufacturing operation that control, | 28759 |
physically support, produce power for, lubricate, or are otherwise | 28760 |
necessary for the functioning of production machinery and | 28761 |
equipment and the continuation of the manufacturing operation; | 28762 |
(5) Machinery, equipment, fuel, power, material, parts, and | 28763 |
other tangible personal property used to manufacture machinery, | 28764 |
equipment, or other tangible personal property used in | 28765 |
manufacturing a product for sale; | 28766 |
(6) Machinery, equipment, and other tangible personal | 28767 |
property used by a manufacturer to test raw materials, the product | 28768 |
being manufactured, or the completed product; | 28769 |
(7) Machinery and equipment used to handle or temporarily | 28770 |
store scrap that is intended to be reused in the manufacturing | 28771 |
operation at the same manufacturing facility; | 28772 |
(8) Coke, gas, water, steam, and similar substances used in | 28773 |
the manufacturing operation; machinery and equipment used for, and | 28774 |
fuel consumed in, producing or extracting those substances; | 28775 |
machinery, equipment, and other tangible personal property used to | 28776 |
treat, filter, pump, or otherwise make the substance suitable for | 28777 |
use in the manufacturing operation; and machinery and equipment | 28778 |
used for, and fuel consumed in, producing electricity for use in | 28779 |
the manufacturing operation; | 28780 |
(9) Machinery, equipment, and other tangible personal | 28781 |
property used to transport or transmit electricity, coke, gas, | 28782 |
water, steam, or similar substances used in the manufacturing | 28783 |
operation from the point of generation, if produced by the | 28784 |
manufacturer, or from the point where the substance enters the | 28785 |
manufacturing facility, if purchased by the manufacturer, to the | 28786 |
manufacturing operation; | 28787 |
(10) Machinery, equipment, and other tangible personal | 28788 |
property that treats, filters, cools, refines, or otherwise | 28789 |
renders water, steam, acid, oil, solvents, or similar substances | 28790 |
used in the manufacturing operation reusable, provided that the | 28791 |
substances are intended for reuse and not for disposal, sale, or | 28792 |
transportation from the manufacturing facility; | 28793 |
(11) Parts, components, and repair and installation services | 28794 |
for items described in division (B) of this section; | 28795 |
(12) Machinery and equipment, detergents, supplies, solvents, | 28796 |
and any other tangible personal property located at a | 28797 |
manufacturing facility that are used in the process of removing | 28798 |
soil, dirt, or other contaminants from, or otherwise preparing in | 28799 |
a suitable condition for use, towels, linens, articles of | 28800 |
clothing, floor mats, mop heads, or other similar items, to be | 28801 |
supplied to a consumer as part of laundry and dry cleaning | 28802 |
services as defined in division (BB) of section 5739.01 of the | 28803 |
Revised Code, only when the towels, linens, articles of clothing, | 28804 |
floor mats, mop heads, or other similar items belong to the | 28805 |
provider of the services. | 28806 |
(C) For purposes of division (B) | 28807 |
5739.02 of the Revised Code, the "thing transferred" does not | 28808 |
include any of the following: | 28809 |
(1) Tangible personal property used in administrative, | 28810 |
personnel, security, inventory control, record-keeping, ordering, | 28811 |
billing, or similar functions; | 28812 |
(2) Tangible personal property used in storing raw materials | 28813 |
or parts prior to the commencement of the manufacturing operation | 28814 |
or used to handle or store a completed product, including storage | 28815 |
that actively maintains a completed product in a marketable state | 28816 |
or form; | 28817 |
(3) Tangible personal property used to handle or store scrap | 28818 |
or waste intended for disposal, sale, or other disposition, other | 28819 |
than reuse in the manufacturing operation at the same | 28820 |
manufacturing facility; | 28821 |
(4) Tangible personal property that is or is to be | 28822 |
incorporated into realty; | 28823 |
(5) Machinery, equipment, and other tangible personal | 28824 |
property used for ventilation, dust or gas collection, humidity or | 28825 |
temperature regulation, or similar environmental control, except | 28826 |
machinery, equipment, and other tangible personal property that | 28827 |
totally regulates the environment in a special and limited area of | 28828 |
the manufacturing facility where the regulation is essential for | 28829 |
production to occur; | 28830 |
(6) Tangible personal property used for the protection and | 28831 |
safety of workers, unless the property is attached to or | 28832 |
incorporated into machinery and equipment used in a continuous | 28833 |
manufacturing operation; | 28834 |
(7) Tangible personal property used to store fuel, water, | 28835 |
solvents, acid, oil, or similar items consumed in the | 28836 |
manufacturing operation; | 28837 |
(8) Machinery, equipment, and other tangible personal | 28838 |
property used to clean, repair, or maintain real or personal | 28839 |
property in the manufacturing facility; | 28840 |
(9) Motor vehicles registered for operation on public | 28841 |
highways. | 28842 |
(D) For purposes of division (B) | 28843 |
5739.02 of the Revised Code, if the "thing transferred" is a | 28844 |
machine used by a manufacturer in both a taxable and an exempt | 28845 |
manner, it shall be totally taxable or totally exempt from | 28846 |
taxation based upon its quantified primary use. If the "things | 28847 |
transferred" are fungibles, they shall be taxed based upon the | 28848 |
proportion of the fungibles used in a taxable manner. | 28849 |
Sec. 5739.026. (A) A board of county commissioners may levy | 28850 |
a tax of one-fourth or one-half of one per cent on every retail | 28851 |
sale in the county, except sales of watercraft and outboard motors | 28852 |
required to be titled pursuant to Chapter 1548. of the Revised | 28853 |
Code and sales of motor vehicles, and may increase an existing | 28854 |
rate of one-fourth of one per cent to one-half of one per cent, to | 28855 |
pay the expenses of administering the tax and, except as provided | 28856 |
in division (A)(6) of this section, for any one or more of the | 28857 |
following purposes provided that the aggregate levy for all such | 28858 |
purposes does not exceed one-half of one per cent: | 28859 |
(1) To provide additional revenues for the payment of bonds | 28860 |
or notes issued in anticipation of bonds issued by a convention | 28861 |
facilities authority established by the board of county | 28862 |
commissioners under Chapter 351. of the Revised Code and to | 28863 |
provide additional operating revenues for the convention | 28864 |
facilities authority; | 28865 |
(2) To provide additional revenues for a transit authority | 28866 |
operating in the county; | 28867 |
(3) To provide additional revenue for the county's general | 28868 |
fund; | 28869 |
(4) To provide additional revenue for permanent improvements | 28870 |
within the county to be distributed by the community improvements | 28871 |
board in accordance with section 307.283 and to pay principal, | 28872 |
interest, and premium on bonds issued under section 307.284 of the | 28873 |
Revised Code; | 28874 |
(5) To provide additional revenue for the acquisition, | 28875 |
construction, equipping, or repair of any specific permanent | 28876 |
improvement or any class or group of permanent improvements, which | 28877 |
improvement or class or group of improvements shall be enumerated | 28878 |
in the resolution required by division (D) of this section, and to | 28879 |
pay principal, interest, premium, and other costs associated with | 28880 |
the issuance of bonds or notes in anticipation of bonds issued | 28881 |
pursuant to Chapter 133. of the Revised Code for the acquisition, | 28882 |
construction, equipping, or repair of the specific permanent | 28883 |
improvement or class or group of permanent improvements; | 28884 |
(6) To provide revenue for the implementation and operation | 28885 |
of a 9-1-1 system in the county. If the tax is levied or the rate | 28886 |
increased exclusively for such purpose, the tax shall not be | 28887 |
levied or the rate increased for more than five years. At the end | 28888 |
of the last year the tax is levied or the rate increased, any | 28889 |
balance remaining in the special fund established for such purpose | 28890 |
shall remain in that fund and be used exclusively for such purpose | 28891 |
until the fund is completely expended, and, notwithstanding | 28892 |
section 5705.16 of the Revised Code, the board of county | 28893 |
commissioners shall not petition for the transfer of money from | 28894 |
such special fund, and the tax commissioner shall not approve such | 28895 |
a petition. | 28896 |
If the tax is levied or the rate increased for such purpose | 28897 |
for more than five years, the board of county commissioners also | 28898 |
shall levy the tax or increase the rate of the tax for one or more | 28899 |
of the purposes described in divisions (A)(1) to (5) of this | 28900 |
section and shall prescribe the method for allocating the revenues | 28901 |
from the tax each year in the manner required by division (C) of | 28902 |
this section. | 28903 |
(7) To provide additional revenue for the operation or | 28904 |
maintenance of a detention facility, as that term is defined under | 28905 |
division (F) of section 2921.01 of the Revised Code; | 28906 |
(8) To provide revenue to finance the construction or | 28907 |
renovation of a sports facility, but only if the tax is levied for | 28908 |
that purpose in the manner prescribed by section 5739.028 of the | 28909 |
Revised Code. | 28910 |
As used in division (A)(8) of this section: | 28911 |
(a) "Sports facility" means a facility intended to house | 28912 |
major league professional athletic teams. | 28913 |
(b) "Constructing" or "construction" includes providing | 28914 |
fixtures, furnishings, and equipment. | 28915 |
(9) To provide additional revenue for the acquisition of | 28916 |
agricultural easements, as defined in section 5301.67 of the | 28917 |
Revised Code; to pay principal, interest, and premium on bonds | 28918 |
issued under section 133.60 of the Revised Code; and for the | 28919 |
supervision and enforcement of agricultural easements held by the | 28920 |
county; | 28921 |
(10) To provide revenue for the provision of ambulance, | 28922 |
paramedic, or other emergency medical services. | 28923 |
Pursuant to section 755.171 of the Revised Code, a board of | 28924 |
county commissioners may pledge and contribute revenue from a tax | 28925 |
levied for the purpose of division (A)(5) of this section to the | 28926 |
payment of debt charges on bonds issued under section 755.17 of | 28927 |
the Revised Code. | 28928 |
The rate of tax shall be a multiple of one-fourth of one per | 28929 |
cent, unless a portion of the rate of an existing tax levied under | 28930 |
section 5739.023 of the Revised Code has been reduced, and the | 28931 |
rate of tax levied under this section has been increased, pursuant | 28932 |
to section 5739.028 of the Revised Code, in which case the | 28933 |
aggregate of the rates of tax levied under this section and | 28934 |
section 5739.023 of the Revised Code shall be a multiple of | 28935 |
one-fourth of one per cent. The tax shall be levied and the rate | 28936 |
increased pursuant to a resolution adopted by a majority of the | 28937 |
members of the board. The board shall deliver a certified copy of | 28938 |
the resolution to the tax commissioner, not later than the | 28939 |
sixty-fifth day prior to the date on which the tax is to become | 28940 |
effective, which shall be the first day of a calendar quarter. | 28941 |
Prior to the adoption of any resolution to levy the tax or to | 28942 |
increase the rate of tax exclusively for the purpose set forth in | 28943 |
division (A)(3) of this section, the board of county commissioners | 28944 |
shall conduct two public hearings on the resolution, the second | 28945 |
hearing to be no fewer than three nor more than ten days after the | 28946 |
first. Notice of the date, time, and place of the hearings shall | 28947 |
be given by publication in a newspaper of general circulation in | 28948 |
the county once a week on the same day of the week for two | 28949 |
consecutive weeks, the second publication being no fewer than ten | 28950 |
nor more than thirty days prior to the first hearing. Except as | 28951 |
provided in division (E) of this section, the resolution shall be | 28952 |
subject to a referendum as provided in sections 305.31 to 305.41 | 28953 |
of the Revised Code. | 28954 |
28955 | |
28956 | |
28957 | |
28958 | |
28959 | |
necessary for the immediate preservation of the public peace, | 28960 |
health, or safety, it must receive an affirmative vote of all of | 28961 |
the members of the board of county commissioners and shall state | 28962 |
the reasons for the necessity. | 28963 |
If the tax is for more than one of the purposes set forth in | 28964 |
divisions (A)(1) to (7), (9), and (10) of this section, or is | 28965 |
exclusively for one of the purposes set forth in division (A)(1), | 28966 |
(2), (4), (5), (6), (7), (9), or (10) of this section, the | 28967 |
resolution shall not go into effect unless it is approved by a | 28968 |
majority of the electors voting on the question of the tax. | 28969 |
(B) The board of county commissioners shall adopt a | 28970 |
resolution under section 351.02 of the Revised Code creating the | 28971 |
convention facilities authority, or under section 307.283 of the | 28972 |
Revised Code creating the community improvements board, before | 28973 |
adopting a resolution levying a tax for the purpose of a | 28974 |
convention facilities authority under division (A)(1) of this | 28975 |
section or for the purpose of a community improvements board under | 28976 |
division (A)(4) of this section. | 28977 |
(C)(1) If the tax is to be used for more than one of the | 28978 |
purposes set forth in divisions (A)(1) to (7), (9), and (10) of | 28979 |
this section, the board of county commissioners shall establish | 28980 |
the method that will be used to determine the amount or proportion | 28981 |
of the tax revenue received by the county during each year that | 28982 |
will be distributed for each of those purposes, including, if | 28983 |
applicable, provisions governing the reallocation of a convention | 28984 |
facilities authority's allocation if the authority is dissolved | 28985 |
while the tax is in effect. The allocation method may provide that | 28986 |
different proportions or amounts of the tax shall be distributed | 28987 |
among the purposes in different years, but it shall clearly | 28988 |
describe the method that will be used for each year. Except as | 28989 |
otherwise provided in division (C)(2) of this section, the | 28990 |
allocation method established by the board is not subject to | 28991 |
amendment during the life of the tax. | 28992 |
(2) Subsequent to holding a public hearing on the proposed | 28993 |
amendment, the board of county commissioners may amend the | 28994 |
allocation method established under division (C)(1) of this | 28995 |
section for any year, if the amendment is approved by the | 28996 |
governing board of each entity whose allocation for the year would | 28997 |
be reduced by the proposed amendment. In the case of a tax that is | 28998 |
levied for a continuing period of time, the board may not so amend | 28999 |
the allocation method for any year before the sixth year that the | 29000 |
tax is in effect. | 29001 |
(a) If the additional revenues provided to the convention | 29002 |
facilities authority are pledged by the authority for the payment | 29003 |
of convention facilities authority revenue bonds for as long as | 29004 |
such bonds are outstanding, no reduction of the authority's | 29005 |
allocation of the tax shall be made for any year except to the | 29006 |
extent that the reduced authority allocation, when combined with | 29007 |
the authority's other revenues pledged for that purpose, is | 29008 |
sufficient to meet the debt service requirements for that year on | 29009 |
such bonds. | 29010 |
(b) If the additional revenues provided to the county are | 29011 |
pledged by the county for the payment of bonds or notes described | 29012 |
in division (A)(4) or (5) of this section, for as long as such | 29013 |
bonds or notes are outstanding, no reduction of the county's or | 29014 |
the community improvements board's allocation of the tax shall be | 29015 |
made for any year, except to the extent that the reduced county or | 29016 |
community improvements board allocation is sufficient to meet the | 29017 |
debt service requirements for that year on such bonds or notes. | 29018 |
(c) If the additional revenues provided to the transit | 29019 |
authority are pledged by the authority for the payment of revenue | 29020 |
bonds issued under section 306.37 of the Revised Code, for as long | 29021 |
as such bonds are outstanding, no reduction of the authority's | 29022 |
allocation of tax shall be made for any year, except to the extent | 29023 |
that the authority's reduced allocation, when combined with the | 29024 |
authority's other revenues pledged for that purpose, is sufficient | 29025 |
to meet the debt service requirements for that year on such bonds. | 29026 |
(d) If the additional revenues provided to the county are | 29027 |
pledged by the county for the payment of bonds or notes issued | 29028 |
under section 133.60 of the Revised Code, for so long as the bonds | 29029 |
or notes are outstanding, no reduction of the county's allocation | 29030 |
of the tax shall be made for any year, except to the extent that | 29031 |
the reduced county allocation is sufficient to meet the debt | 29032 |
service requirements for that year on the bonds or notes. | 29033 |
(D)(1) The resolution levying the tax or increasing the rate | 29034 |
of tax shall state the rate of the tax or the rate of the | 29035 |
increase; the purpose or purposes for which it is to be levied; | 29036 |
the number of years for which it is to be levied or that it is for | 29037 |
a continuing period of time; the allocation method required by | 29038 |
division (C) of this section; and if required to be submitted to | 29039 |
the electors of the county under division (A) of this section, the | 29040 |
date of the election at which the proposal shall be submitted to | 29041 |
the electors of the county, which shall be not less than | 29042 |
seventy-five days after the certification of a copy of the | 29043 |
resolution to the board of elections and, if the tax is to be | 29044 |
levied exclusively for the purpose set forth in division (A)(3) of | 29045 |
this section, shall not occur in February or August of any year. | 29046 |
Upon certification of the resolution to the board of elections, | 29047 |
the board of county commissioners shall notify the tax | 29048 |
commissioner in writing of the levy question to be submitted to | 29049 |
the electors. If approved by a majority of the electors, the tax | 29050 |
shall become effective on the first day of a calendar quarter next | 29051 |
following the sixty-fifth day following the date the board of | 29052 |
county commissioners and tax commissioner receive from the board | 29053 |
of elections the certification of the results of the election, | 29054 |
except as provided in division (E) of this section. | 29055 |
(2)(a) A resolution specifying that the tax is to be used | 29056 |
exclusively for the purpose set forth in division (A)(3) of this | 29057 |
section that is not adopted as an emergency measure may direct the | 29058 |
board of elections to submit the question of levying the tax or | 29059 |
increasing the rate of the tax to the electors of the county at a | 29060 |
special election held on the date specified by the board of county | 29061 |
commissioners in the resolution, provided that the election occurs | 29062 |
not less than seventy-five days after the resolution is certified | 29063 |
to the board of elections and the election is not held in February | 29064 |
or August of any year. Upon certification of the resolution to the | 29065 |
board of elections, the board of county commissioners shall notify | 29066 |
the tax commissioner in writing of the levy question to be | 29067 |
submitted to the electors. No resolution adopted under division | 29068 |
(D)(2)(a) of this section shall go into effect unless approved by | 29069 |
a majority of those voting upon it and, except as provided in | 29070 |
division (E) of this section, not until the first day of a | 29071 |
calendar quarter following the expiration of sixty-five days from | 29072 |
the date the tax commissioner receives notice from the board of | 29073 |
elections of the affirmative vote. | 29074 |
(b) A resolution specifying that the tax is to be used | 29075 |
exclusively for the purpose set forth in division (A)(3) of this | 29076 |
section that is adopted as an emergency measure shall become | 29077 |
effective as provided in division (A) of this section, but may | 29078 |
direct the board of elections to submit the question of repealing | 29079 |
the tax or increase in the rate of the tax to the electors of the | 29080 |
county at the next general election in the county occurring not | 29081 |
less than seventy-five days after the resolution is certified to | 29082 |
the board of elections. Upon certification of the resolution to | 29083 |
the board of elections, the board of county commissioners shall | 29084 |
notify the tax commissioner in writing of the levy question to be | 29085 |
submitted to the electors. The ballot question shall be the same | 29086 |
as that prescribed in section 5739.022 of the Revised Code. The | 29087 |
board of elections shall notify the board of county commissioners | 29088 |
and the tax commissioner of the result of the election immediately | 29089 |
after the result has been declared. If a majority of the qualified | 29090 |
electors voting on the question of repealing the tax or increase | 29091 |
in the rate of the tax vote for repeal of the tax or repeal of the | 29092 |
increase, the board of county commissioners, on the first day of a | 29093 |
calendar quarter following the expiration of sixty-five days after | 29094 |
the date the board and tax commissioner received notice of the | 29095 |
result of the election, shall, in the case of a repeal of the tax, | 29096 |
cease to levy the tax, or, in the case of a repeal of an increase | 29097 |
in the rate of the tax, cease to levy the increased rate and levy | 29098 |
the tax at the rate at which it was imposed immediately prior to | 29099 |
the increase in rate. | 29100 |
(c) A board of county commissioners, by resolution, may | 29101 |
reduce the rate of a tax levied exclusively for the purpose set | 29102 |
forth in division (A)(3) of this section to a lower rate | 29103 |
authorized by this section. Any such reduction shall be made | 29104 |
effective on the first day of the calendar quarter next following | 29105 |
the sixty-fifth day after the tax commissioner receives a | 29106 |
certified copy of the resolution from the board. | 29107 |
(E) If a vendor that is registered with the central | 29108 |
electronic registration system provided for in section 5740.05 of | 29109 |
the Revised Code makes a sale in this state by printed catalog and | 29110 |
the consumer computed the tax on the sale based on local rates | 29111 |
published in the catalog, any tax levied or repealed or rate | 29112 |
changed under this section shall not apply to such a sale until | 29113 |
the first day of a calendar quarter following the expiration of | 29114 |
one hundred twenty days from the date of notice by the tax | 29115 |
commissioner pursuant to division (G) of this section. | 29116 |
(F) The tax levied pursuant to this section shall be in | 29117 |
addition to the tax levied by section 5739.02 of the Revised Code | 29118 |
and any tax levied pursuant to section 5739.021 or 5739.023 of the | 29119 |
Revised Code. | 29120 |
A county that levies a tax pursuant to this section shall | 29121 |
levy a tax at the same rate pursuant to section 5741.023 of the | 29122 |
Revised Code. | 29123 |
The additional tax levied by the county shall be collected | 29124 |
pursuant to section 5739.025 of the Revised Code. | 29125 |
Any tax levied pursuant to this section is subject to the | 29126 |
exemptions provided in section 5739.02 of the Revised Code and in | 29127 |
addition shall not be applicable to sales not within the taxing | 29128 |
power of a county under the Constitution of the United States or | 29129 |
the Ohio Constitution. | 29130 |
(G) Upon receipt from a board of county commissioners of a | 29131 |
certified copy of a resolution required by division (A) of this | 29132 |
section, or from the board of elections a notice of the results of | 29133 |
an election required by division (D)(1), (2)(a), (b), or (c) of | 29134 |
this section, the tax commissioner shall provide notice of a tax | 29135 |
rate change in a manner that is reasonably accessible to all | 29136 |
affected vendors. The commissioner shall provide this notice at | 29137 |
least sixty days prior to the effective date of the rate change. | 29138 |
The commissioner, by rule, may establish the method by which | 29139 |
notice will be provided. | 29140 |
Sec. 5739.211. (A) The moneys received by a county levying | 29141 |
an additional sales tax pursuant to section 5739.021 of the | 29142 |
Revised Code shall be deposited in the county general fund to be | 29143 |
expended for any purpose for which general fund moneys of the | 29144 |
county may be used, including the acquisition or construction of | 29145 |
permanent improvements or to make payments in accordance with | 29146 |
section 333.06 or 333.07 of the Revised Code, or in the bond | 29147 |
retirement fund for the payment of debt service charges on notes | 29148 |
or bonds of the county issued for the acquisition or construction | 29149 |
29150 | |
of such funds shall be determined by the board of county | 29151 |
commissioners. | 29152 |
(B) The moneys received by a county levying an additional | 29153 |
sales tax pursuant to section 5739.026 of the Revised Code shall | 29154 |
be deposited in a separate fund, which shall be allocated and | 29155 |
distributed in accordance with the resolution adopted under such | 29156 |
section. Moneys allocated for the purpose of division (A)(4) of | 29157 |
section 5739.026 of the Revised Code shall be transferred to and | 29158 |
disbursed from the community improvements fund in the county | 29159 |
treasury. Notwithstanding section 135.351 of the Revised Code, if | 29160 |
an allocation of moneys to a convention facilities authority or a | 29161 |
transit authority is required pursuant to division (C) of section | 29162 |
5739.026 of the Revised Code, the county shall pay and distribute | 29163 |
each authority's share of any such moneys to its fiscal officer | 29164 |
within five business days of the date of their receipt by the | 29165 |
county. If the moneys allocated under such division are not so | 29166 |
paid, the county shall pay to such authority any interest that the | 29167 |
county has received or will receive on such moneys that accrues | 29168 |
from the date the county received the moneys, together with the | 29169 |
principal amount of such moneys. | 29170 |
(C) The moneys received by a transit authority levying an | 29171 |
additional sales tax pursuant to section 5739.023 of the Revised | 29172 |
Code shall be deposited in such fund or funds of the transit | 29173 |
authority as determined by the legislative authority of the | 29174 |
transit authority to be expended for any purpose for which a | 29175 |
county transit board or the board of county commissioners | 29176 |
operating a county transit system, in the case of a county, or the | 29177 |
board of trustees of a regional transit authority, in the case of | 29178 |
a regional transit authority, may expend moneys under their | 29179 |
control, including the purchase, acquisition, construction, | 29180 |
replacement, improvement, extension, or enlargement of permanent | 29181 |
improvements and for the payment of debt service charges on notes | 29182 |
or bonds of the transit authority. | 29183 |
Sec. 5741.031. (A) The funds received by a county levying an | 29184 |
additional use tax pursuant to section 5741.021 of the Revised | 29185 |
Code shall be deposited in the county general fund to be expended | 29186 |
for any purpose for which general fund moneys of the county may be | 29187 |
used, including the acquisition or construction of permanent | 29188 |
improvements or to make payments in accordance with section 333.06 | 29189 |
or 333.07 of the Revised Code, or in the bond retirement fund for | 29190 |
the payment of debt service charges on notes or bonds of the | 29191 |
county issued for the acquisition or construction of permanent | 29192 |
improvements | 29193 |
29194 | |
29195 | |
amounts to be deposited in each of such funds shall be determined | 29196 |
by the board of county commissioners. | 29197 |
(B) The moneys received by a county levying an additional use | 29198 |
tax pursuant to section 5741.023 of the Revised Code shall be | 29199 |
deposited in a separate fund, which shall be allocated, | 29200 |
distributed, and used in accordance with the resolution adopted | 29201 |
under section 5739.026 of the Revised Code. Moneys allocated for | 29202 |
the purpose of division (A)(4) of section 5739.026 of the Revised | 29203 |
Code shall be transferred to and disbursed from the community | 29204 |
improvements fund in the county treasury. Notwithstanding section | 29205 |
135.351 of the Revised Code, if an allocation of moneys to a | 29206 |
convention facilities authority or a transit authority is required | 29207 |
pursuant to division (C) of section 5739.026 of the Revised Code, | 29208 |
the county shall pay and distribute each authority's share of any | 29209 |
such moneys to its fiscal officer within five business days of the | 29210 |
date of their receipt by the county. If the moneys allocated under | 29211 |
such division are not so paid, the county shall pay to such | 29212 |
authority any interest that the county has received or will | 29213 |
receive on such moneys that accrues from the date the county | 29214 |
received the moneys, together with the principal amount of such | 29215 |
moneys. | 29216 |
(C) The funds received by a transit authority levying an | 29217 |
additional use tax pursuant to section 5741.022 of the Revised | 29218 |
Code shall be deposited in such fund or funds of the transit | 29219 |
authority as determined by the legislative authority of the | 29220 |
transit authority to be expended for any purpose for which a | 29221 |
county transit board or the board of county commissioners | 29222 |
operating a county transit system, in the case of a county, or the | 29223 |
board of trustees of a regional transit authority, in the case of | 29224 |
a regional transit authority, may expend moneys under their | 29225 |
control, including the purchase, acquisition, construction, | 29226 |
replacement, improvement, extension, or enlargement of permanent | 29227 |
improvements or in the bond retirement fund for the payment of | 29228 |
debt service charges on notes or bonds of the transit authority. | 29229 |
Sec. 5743.021. (A) As used in this section, "qualifying | 29230 |
regional arts and cultural district" means a regional arts and | 29231 |
cultural district created under section 3381.04 of the Revised | 29232 |
Code in a county having a population of one million two hundred | 29233 |
thousand or more according to the 2000 federal decennial census. | 29234 |
(B) For one or more of the purposes for which a tax may be | 29235 |
levied under section 3381.16 of the Revised Code and for the | 29236 |
purposes of paying the expenses of administering the tax and the | 29237 |
expenses charged by a board of elections to hold an election on a | 29238 |
question submitted under this section, the board of county | 29239 |
commissioners of a county that has within its territorial | 29240 |
boundaries a qualifying regional arts and cultural district may | 29241 |
levy a tax on the sale of cigarettes sold for resale at retail in | 29242 |
the county composing the district. The rate of the tax, when added | 29243 |
to the rate of any other tax concurrently levied by the board | 29244 |
under this section, shall not exceed fifteen mills per cigarette, | 29245 |
and shall be computed on each cigarette sold. Only one sale of the | 29246 |
same article shall be used in computing the amount of tax due. The | 29247 |
tax may be levied for any number of years not exceeding ten years. | 29248 |
The tax shall be levied pursuant to a resolution of the board | 29249 |
of county commissioners approved by a majority of the electors in | 29250 |
the county voting on the question of levying the tax. The | 29251 |
resolution shall specify the rate of the tax, the number of years | 29252 |
the tax will be levied, and the purposes for which the tax is | 29253 |
levied. The election may be held on the date of a general, | 29254 |
primary, or special election held not sooner than seventy-five | 29255 |
days after the date the board certifies its resolution to the | 29256 |
board of elections. If approved by the electors, the tax shall | 29257 |
take effect on the first day of the month specified in the | 29258 |
resolution but not sooner than the first day of the month that is | 29259 |
at least sixty days after the certification of the election | 29260 |
results by the board of elections. A copy of the resolution | 29261 |
levying the tax shall be certified to the tax commissioner at | 29262 |
least sixty days prior to the date on which the tax is to become | 29263 |
effective. | 29264 |
(C) The form of the ballot in an election held under this | 29265 |
section shall be as follows, or in any other form acceptable to | 29266 |
the secretary of state: | 29267 |
"For the purpose of .......... (insert the purpose or | 29268 |
purposes of the tax), shall an excise tax be levied throughout | 29269 |
.......... County for the benefit of the ........... (name of the | 29270 |
qualifying regional arts and cultural district) on the sale of | 29271 |
cigarettes at wholesale at the rate of .... mills per cigarette | 29272 |
for ..... years? | 29273 |
29274 |
For the tax | 29275 | ||||
Against the tax | " | 29276 |
(D) The treasurer of state shall credit all moneys arising | 29277 |
from taxes levied on behalf of each district under this section | 29278 |
and section 5743.321 of the Revised Code as follows: | 29279 |
(1) To the tax refund fund created by section 5703.052 of the | 29280 |
Revised Code, amounts equal to the refunds from each tax levied | 29281 |
under this section certified by the tax commissioner pursuant to | 29282 |
section 5743.05 of the Revised Code; | 29283 |
(2) Following the crediting of amounts pursuant to division | 29284 |
(D)(1) of this section: | 29285 |
(a) To the permissive tax distribution fund created under | 29286 |
section 4301.423 of the Revised Code, an amount equal to | 29287 |
ninety-eight per cent of the remainder collected; | 29288 |
(b) To the local excise tax administrative fund, which is | 29289 |
hereby created in the state treasury, an amount equal to two per | 29290 |
cent of such remainder, for use by the tax commissioner in | 29291 |
defraying costs incurred in administering the tax. | 29292 |
On or before the second working day of each month, the | 29293 |
treasurer of state shall certify to the tax commissioner the | 29294 |
amount of taxes levied on behalf of each district under sections | 29295 |
5743.021 and 5743.321 of the Revised Code and paid to the | 29296 |
treasurer of state during the preceding month. | 29297 |
On or before the tenth day of each month, the tax | 29298 |
commissioner shall distribute the amount credited to the | 29299 |
permissive tax distribution fund during the preceding month by | 29300 |
providing for payment of the appropriate amount to the county | 29301 |
treasurer of the county in which the tax is levied. | 29302 |
Sec. 5743.025. In addition to the return required by section | 29303 |
5743.03 of the Revised Code, each retail dealer in a county | 29304 |
29305 | |
or 5743.026 of the Revised Code shall, within thirty days after | 29306 |
the date on which | 29307 |
effect, make and file a return, on forms prescribed by the tax | 29308 |
commissioner, showing the total number of cigarettes which such | 29309 |
retail dealer had on hand as of the beginning of business on the | 29310 |
date on which the tax takes effect, and such other information as | 29311 |
the commissioner deems necessary for the administration of section | 29312 |
5743.021, 5743.024, or 5743.026 of the Revised Code. Each retail | 29313 |
dealer shall deliver the return together with a remittance of the | 29314 |
additional amount of tax due on the cigarettes shown on such | 29315 |
return to the treasurer of state. The treasurer of state shall | 29316 |
stamp or otherwise mark on the return the date it was received and | 29317 |
shall also show thereon by stamp or otherwise the tax payment | 29318 |
remitted with the return. Thereafter, the treasurer of state shall | 29319 |
immediately transmit all returns filed under this section to the | 29320 |
tax commissioner. Any retail dealer who fails to file a return | 29321 |
under this section shall, for each day the retail dealer so fails, | 29322 |
forfeit and pay into the state treasury the sum of one dollar as | 29323 |
revenue arising from the tax imposed by section 5743.021, | 29324 |
5743.024, or 5743.026 of the Revised Code, and such sum may be | 29325 |
collected by assessment in the manner provided in section 5743.081 | 29326 |
of the Revised Code. For thirty days after the effective date of a | 29327 |
tax imposed by section 5743.021, 5743.024, or 5743.026 of the | 29328 |
Revised Code, a retail dealer may possess for sale or sell in the | 29329 |
county in which the tax is levied cigarettes not bearing the stamp | 29330 |
or impression required by section 5743.03 of the Revised Code to | 29331 |
evidence payment of the county tax but on which the tax has or | 29332 |
will be paid. | 29333 |
Sec. 5743.03. (A) Except as provided in section 5743.04 of | 29334 |
the Revised Code, the taxes imposed under sections 5743.02, | 29335 |
5743.021, 5743.024, and 5743.026 of the Revised Code shall be | 29336 |
paid by the purchase of stamps. A stamp shall be affixed to each | 29337 |
package of an aggregate denomination not less than the amount of | 29338 |
the tax upon the contents thereof. The stamp, so affixed, shall be | 29339 |
prima-facie evidence of payment of the tax. | 29340 |
Except as is provided in the rules prescribed by the tax | 29341 |
commissioner under authority of sections 5743.01 to 5743.20 of the | 29342 |
Revised Code, and unless tax stamps have been previously affixed, | 29343 |
they shall be so affixed by each wholesale dealer, and canceled by | 29344 |
writing or stamping across the face thereof the number assigned to | 29345 |
such wholesale dealer by the tax commissioner for that purpose, | 29346 |
prior to the delivery of any cigarettes to any person in this | 29347 |
state, or in the case of a tax levied pursuant to section | 29348 |
5743.021, 5743.024, or 5743.026 of the Revised Code, prior to the | 29349 |
delivery of cigarettes to any person in the county in which the | 29350 |
tax is levied. | 29351 |
(B) Except as provided in the rules prescribed by the | 29352 |
commissioner under authority of sections 5743.01 to 5743.20 of the | 29353 |
Revised Code, each retail dealer, within twenty-four hours after | 29354 |
the receipt of any cigarettes at the retail dealer's place of | 29355 |
business, shall inspect the cigarettes to ensure that tax stamps | 29356 |
are affixed. The inspection shall be completed before the | 29357 |
cigarettes are delivered to any person in this state, or, in the | 29358 |
case of a tax levied pursuant to section 5743.021, 5743.024, or | 29359 |
5743.026 of the Revised Code, before the cigarettes are delivered | 29360 |
to any person in the county in which the tax is levied. | 29361 |
(C) Whenever any cigarettes are found in the place of | 29362 |
business of any retail dealer without proper tax stamps affixed | 29363 |
thereto and canceled, it is presumed that such cigarettes are kept | 29364 |
therein in violation of sections 5743.01 to 5743.20 of the Revised | 29365 |
Code. | 29366 |
(D) Each wholesale dealer who purchases cigarettes without | 29367 |
proper tax stamps affixed thereto shall, on or before the | 29368 |
thirty-first day of the month following the close of each | 29369 |
semiannual period, which period shall end on the thirtieth day of | 29370 |
June and the thirty-first day of December of each year, make and | 29371 |
file a return of the preceding semiannual period, on such form as | 29372 |
is prescribed by the tax commissioner, showing the dealer's entire | 29373 |
purchases and sales of cigarettes and stamps or impressions for | 29374 |
such semiannual period and accurate inventories as of the | 29375 |
beginning and end of each semiannual period of cigarettes, stamped | 29376 |
or unstamped; cigarette tax stamps affixed or unaffixed and unused | 29377 |
meter impressions; and such other information as the commissioner | 29378 |
finds necessary to the proper administration of sections 5743.01 | 29379 |
to 5743.20 of the Revised Code. The commissioner may extend the | 29380 |
time for making and filing returns and may remit all or any part | 29381 |
of amounts of penalties that may become due under sections 5743.01 | 29382 |
to 5743.20 of the Revised Code. The wholesale dealer shall deliver | 29383 |
the return together with a remittance of the tax deficiency | 29384 |
reported thereon to the treasurer of state. The treasurer of state | 29385 |
shall stamp or otherwise mark on the return the date it was | 29386 |
received and shall also show thereon by stamp or otherwise a | 29387 |
payment or nonpayment of the deficiency shown by the return. | 29388 |
Thereafter, the treasurer of state shall immediately transmit all | 29389 |
returns filed under this section to the commissioner. | 29390 |
(E) Any wholesale dealer who fails to file a return under | 29391 |
this section and the rules of the commissioner, other than a | 29392 |
report required pursuant to division (F) of this section, may be | 29393 |
required, for each day the dealer so fails, to forfeit and pay | 29394 |
into the state treasury the sum of one dollar as revenue arising | 29395 |
from the tax imposed by sections 5743.01 to 5743.20 of the Revised | 29396 |
Code and such sum may be collected by assessment in the manner | 29397 |
provided in section 5743.081 of the Revised Code. If the | 29398 |
commissioner finds it necessary in order to insure the payment of | 29399 |
the tax imposed by sections 5743.01 to 5743.20 of the Revised | 29400 |
Code, the commissioner may require returns and payments to be made | 29401 |
other than semiannually. The returns shall be signed by the | 29402 |
wholesale dealer or an authorized agent thereof. | 29403 |
(F) Each person required to file a tax return under section | 29404 |
5743.03, 5743.52, or 5743.62 of the Revised Code shall report to | 29405 |
the commissioner the quantity of all cigarettes and roll-your-own | 29406 |
cigarette tobacco sold in Ohio for each brand not covered by the | 29407 |
tobacco master settlement agreement for which the person is liable | 29408 |
for the taxes levied under section 5743.02, 5743.51, or 5743.62 of | 29409 |
the Revised Code. | 29410 |
As used in this division, "tobacco master settlement | 29411 |
agreement" has the same meaning as in section 183.01 of the | 29412 |
Revised Code. | 29413 |
(G) The report required by division (F) of this section shall | 29414 |
be made on a form prescribed by the commissioner and shall be | 29415 |
filed not later than the last day of each month for the previous | 29416 |
month, except that if the commissioner determines that the | 29417 |
quantity reported by a person does not warrant monthly reporting, | 29418 |
the commissioner may authorize reporting at less frequent | 29419 |
intervals. The commissioner may assess a penalty of not more than | 29420 |
two hundred fifty dollars for each month or portion thereof that a | 29421 |
person fails to timely file a required report, and such sum may be | 29422 |
collected by assessment in the manner provided in section 5743.081 | 29423 |
of the Revised Code. All money collected under this division shall | 29424 |
be considered as revenue arising from the taxes imposed by | 29425 |
sections 5743.01 to 5743.20 of the Revised Code. | 29426 |
Sec. 5743.04. The tax commissioner shall design and procure | 29427 |
the stamps provided for in section 5743.03 of the Revised Code and | 29428 |
shall enforce and administer sections 5743.01 to 5743.44 of the | 29429 |
Revised Code. With respect to packages containing any number of | 29430 |
cigarettes other than twenty, if the commissioner finds that it is | 29431 |
practicable to collect the taxes levied under sections 5743.02, | 29432 |
5743.021, 5743.024, and 5743.026 of the Revised Code by any method | 29433 |
other than that provided in this section and section 5743.03 of | 29434 |
the Revised Code, the commissioner may by rule prescribe such | 29435 |
other method for payment of the taxes upon such packages of | 29436 |
cigarettes as will adequately protect the revenue; provided, that | 29437 |
in any case where the commissioner prescribes that the taxes upon | 29438 |
such packages of cigarettes shall be paid on the basis of returns | 29439 |
filed by a wholesale or retail dealer, said returns, together with | 29440 |
a remittance of all taxes due as shown thereon, shall be filed | 29441 |
with the treasurer of state not later than the tenth day of the | 29442 |
month following the month in which such cigarettes are sold in | 29443 |
this state. The commissioner may promulgate rules in accordance | 29444 |
with sections 119.01 to 119.13 of the Revised Code as the | 29445 |
commissioner deems necessary to carry out sections 5743.01 to | 29446 |
5743.44 of the Revised Code and may adopt different detailed rules | 29447 |
applicable to diverse methods and conditions of sale of | 29448 |
cigarettes, prescribing, in each class of cases, upon whom, as | 29449 |
between the wholesale dealer and the retail dealer, the primary | 29450 |
duty of affixing stamps shall rest, and the manner in which stamps | 29451 |
shall be affixed. A copy of such rules shall be furnished to every | 29452 |
licensed dealer as provided in sections 119.01 to 119.13 of the | 29453 |
Revised Code. Any such rule so furnished which excuses a wholesale | 29454 |
dealer from affixing stamps under the circumstances of the | 29455 |
particular case shall be a defense in the prosecution of such | 29456 |
dealer for violation of section 5743.03 of the Revised Code. | 29457 |
The commissioner, after determining that it is practicable to | 29458 |
evidence payment of the taxes levied under sections 5743.02, | 29459 |
5743.021, 5743.024, and 5743.026 of the Revised Code by impression | 29460 |
made by a metering device, shall by resolution provide that such | 29461 |
metering device may be used in lieu of the stamps otherwise | 29462 |
provided for in section 5743.03 of the Revised Code. The | 29463 |
commissioner may authorize any wholesale or retail dealer to use | 29464 |
the metering device approved by the commissioner. Such device | 29465 |
before being used shall be sealed by the treasurer of state, and | 29466 |
shall be used only in accordance with the rules prescribed by the | 29467 |
commissioner. | 29468 |
Wholesale and retail dealers authorized to use said device | 29469 |
shall prepay the tax represented by meter impressions and shall | 29470 |
deliver the metering device to the treasurer of state or county | 29471 |
treasurer in the county in which the place of business of any | 29472 |
wholesaler or retailer is located if such treasurer is designated | 29473 |
by the treasurer of state, who shall seal the meter in accordance | 29474 |
with the prepayments so made. | 29475 |
Sec. 5743.05. All stamps provided for by section 5743.03 of | 29476 |
the Revised Code, when procured by the tax commissioner, shall be | 29477 |
immediately delivered to the treasurer of state, who shall execute | 29478 |
a receipt therefor showing the number and aggregate face value of | 29479 |
each denomination received by the treasurer of state and any other | 29480 |
information that the commissioner requires to enforce the | 29481 |
collection and distribution of all taxes imposed under section | 29482 |
5743.021, 5743.024, or 5743.026 of the Revised Code, and deliver | 29483 |
the receipt to the commissioner. The treasurer of state shall sell | 29484 |
the stamps and, on the fifth day of each month, make a report | 29485 |
showing all sales made during the preceding month, with the names | 29486 |
of purchasers, the number of each denomination, the aggregate face | 29487 |
value purchased by each, and any other information as the | 29488 |
commissioner requires to enforce the collection and distribution | 29489 |
of all taxes imposed under section 5743.021, 5743.024, or 5743.026 | 29490 |
of the Revised Code, and deliver it to the commissioner. The | 29491 |
treasurer of state shall be accountable for all stamps received | 29492 |
and unsold. The stamps shall be sold and accounted for at their | 29493 |
face value, except the commissioner shall, by rule certified to | 29494 |
the treasurer of state, authorize the sale of stamps and meter | 29495 |
impressions to wholesale or retail dealers in this state, or to | 29496 |
wholesale dealers outside this state, at a discount of not less | 29497 |
than one and eight-tenths per cent or more than ten per cent of | 29498 |
their face value, as a commission for affixing and canceling the | 29499 |
stamps or meter impressions. | 29500 |
The commissioner, by rule certified to the treasurer of | 29501 |
state, shall authorize the delivery of stamps and meter | 29502 |
impressions to wholesale dealers in this state and to wholesale | 29503 |
dealers outside this state on credit. If such a dealer has not | 29504 |
been in good credit standing with this state for five consecutive | 29505 |
years preceding the purchase, the tax commissioner shall require | 29506 |
the dealer to file with the commissioner a bond to the state in | 29507 |
the amount and in the form prescribed by the commissioner, with | 29508 |
surety to the satisfaction of the commissioner, conditioned on | 29509 |
payment to the treasurer of state within thirty days for stamps or | 29510 |
meter impressions delivered within that time. If such a dealer has | 29511 |
been in good credit standing with this state for five consecutive | 29512 |
years preceding the purchase, the tax commissioner shall not | 29513 |
require that the dealer file such a bond but shall require payment | 29514 |
for the stamps and meter impressions within thirty days after | 29515 |
purchase of the stamps and meter impressions. Stamps and meter | 29516 |
impressions sold to a dealer not required to file a bond shall be | 29517 |
sold at face value. The maximum amount that may be sold on credit | 29518 |
to a dealer not required to file a bond shall equal one hundred | 29519 |
ten per cent of the dealer's average monthly purchases over the | 29520 |
preceding calendar year. The maximum amount shall be adjusted to | 29521 |
reflect any changes in the tax rate and may be adjusted, upon | 29522 |
application to the tax commissioner by the dealer, to reflect | 29523 |
changes in the business operations of the dealer. The maximum | 29524 |
amount shall be applicable to the period of July through April. | 29525 |
Payment by a dealer not required to file a bond shall be remitted | 29526 |
by electronic funds transfer as prescribed by section 5743.051 of | 29527 |
the Revised Code. If a dealer not required to file a bond fails to | 29528 |
make the payment in full within the thirty-day period, the | 29529 |
treasurer of state shall not thereafter sell stamps or meter | 29530 |
impressions to that dealer until the dealer pays the outstanding | 29531 |
amount, including penalty and interest on that amount as | 29532 |
prescribed in this chapter, and the commissioner thereafter may | 29533 |
require the dealer to file a bond until the dealer is restored to | 29534 |
good standing. The commissioner shall limit delivery of stamps and | 29535 |
meter impressions on credit to the period running from the first | 29536 |
day of July of the fiscal year until the first day of the | 29537 |
following May. Any discount allowed as a commission for affixing | 29538 |
and canceling stamps or meter impressions shall be allowed with | 29539 |
respect to sales of stamps and meter impressions on credit. | 29540 |
The treasurer of state shall redeem and pay for any | 29541 |
destroyed, unused, or spoiled tax stamps and any unused meter | 29542 |
impressions at their net value, and shall refund to wholesale | 29543 |
dealers the net amount of state and county taxes paid erroneously | 29544 |
or paid on cigarettes that have been sold in interstate or foreign | 29545 |
commerce or that have become unsalable, and the net amount of | 29546 |
county taxes that were paid on cigarettes that have been sold at | 29547 |
retail or for retail sale outside a taxing county. | 29548 |
An application for a refund of tax shall be filed with the | 29549 |
tax commissioner, on the form prescribed by the commissioner for | 29550 |
that purpose, within three years from the date the tax stamps are | 29551 |
destroyed or spoiled, from the date of the erroneous payment, or | 29552 |
from the date that cigarettes on which taxes have been paid have | 29553 |
been sold in interstate or foreign commerce or have become | 29554 |
unsalable. | 29555 |
On the filing of the application, the commissioner shall | 29556 |
determine the amount of refund to which the applicant is entitled, | 29557 |
payable from receipts of the state tax, and, if applicable, | 29558 |
payable from receipts of a county tax. If the amount is less than | 29559 |
that claimed, the commissioner shall certify the amount to the | 29560 |
director of budget and management and treasurer of state for | 29561 |
payment from the tax refund fund created by section 5703.052 of | 29562 |
the Revised Code. If the amount is less than that claimed, the | 29563 |
commissioner shall proceed in accordance with section 5703.70 of | 29564 |
the Revised Code. | 29565 |
If a refund is granted for payment of an illegal or erroneous | 29566 |
assessment issued by the department, the refund shall include | 29567 |
interest on the amount of the refund from the date of the | 29568 |
overpayment. The interest shall be computed at the rate per annum | 29569 |
prescribed by section 5703.47 of the Revised Code. | 29570 |
Sec. 5743.08. Whenever the tax commissioner discovers any | 29571 |
cigarettes which are being shipped, or which have been shipped, or | 29572 |
transported in violation of section 2927.023 of the Revised Code, | 29573 |
or discovers cigarettes, subject to the taxes levied under section | 29574 |
5743.02, 5743.021, 5743.024, or 5743.026 of the Revised Code, and | 29575 |
upon which the taxes have not been paid or that are held for sale | 29576 |
or distribution in violation of any other provision of this | 29577 |
chapter, the commissioner may seize and take possession of such | 29578 |
cigarettes, which shall thereupon be forfeited to the state, and | 29579 |
the commissioner, within a reasonable time thereafter sell or | 29580 |
destroy the forfeited cigarettes. If the commissioner sells | 29581 |
cigarettes under this section, the commissioner shall use proceeds | 29582 |
from the sale to pay the costs incurred in the proceedings. Any | 29583 |
proceeds remaining after all costs have been paid shall be | 29584 |
considered revenue arising from the taxes levied under this | 29585 |
chapter. Seizure and sale shall not be deemed to relieve any | 29586 |
person from the fine or imprisonment provided for violation of | 29587 |
sections 5743.01 to 5743.20 of the Revised Code. A sale shall be | 29588 |
made where it is most convenient and economical. The tax | 29589 |
commissioner may order the destruction of the forfeited cigarettes | 29590 |
if the quantity or quality of the cigarettes is not sufficient to | 29591 |
warrant their sale. | 29592 |
Sec. 5743.081. (A) If any wholesale dealer or retail dealer | 29593 |
fails to pay the tax levied under section 5743.02, 5743.021, | 29594 |
5743.024, or 5743.026 of the Revised Code as required by sections | 29595 |
5743.01 to 5743.20 of the Revised Code, and by the rules of the | 29596 |
tax commissioner, or fails to collect the tax from the purchaser | 29597 |
or consumer, the commissioner may make an assessment against the | 29598 |
wholesale or retail dealer based upon any information in the | 29599 |
commissioner's possession. | 29600 |
The commissioner may make an assessment against any wholesale | 29601 |
or retail dealer who fails to file a return required by section | 29602 |
5743.03 or 5743.025 of the Revised Code. | 29603 |
No assessment shall be made against any wholesale or retail | 29604 |
dealer for any taxes imposed under section 5743.02, 5743.021, | 29605 |
5743.024, or 5743.026 of the Revised Code more than three years | 29606 |
after the last day of the calendar month that immediately follows | 29607 |
the semiannual period prescribed in section 5743.03 of the Revised | 29608 |
Code in which the sale was made, or more than three years after | 29609 |
the semiannual return for such period is filed, whichever is | 29610 |
later. This section does not bar an assessment against any | 29611 |
wholesale or retail dealer who fails to file a return as required | 29612 |
by section 5743.025 or 5743.03 of the Revised Code, or who files a | 29613 |
fraudulent return. | 29614 |
A penalty of up to thirty per cent may be added to the amount | 29615 |
of every assessment made under this section. The commissioner may | 29616 |
adopt rules providing for the imposition and remission of | 29617 |
penalties added to assessments made under this section. | 29618 |
The commissioner shall give the party assessed written notice | 29619 |
of the assessment in the manner provided in section 5703.37 of the | 29620 |
Revised Code. The notice shall specify separately any portion of | 29621 |
the assessment that represents a county tax. With the notice, the | 29622 |
commissioner shall provide instructions on how to petition for | 29623 |
reassessment and request a hearing on the petition. | 29624 |
(B) Unless the party assessed files with the tax commissioner | 29625 |
within sixty days after service of the notice of assessment, | 29626 |
either personally or by certified mail, a written petition for | 29627 |
reassessment signed by the party assessed or that party's | 29628 |
authorized agent having knowledge of the facts, the assessment | 29629 |
becomes final and the amount of the assessment is due and payable | 29630 |
from the party assessed to the treasurer of state. The petition | 29631 |
shall indicate the objections of the party assessed, but | 29632 |
additional objections may be raised in writing if received by the | 29633 |
commissioner prior to the date shown on the final determination. | 29634 |
If the petition has been properly filed, the commissioner shall | 29635 |
proceed under section 5703.60 of the Revised Code. | 29636 |
(C) After an assessment becomes final, if any portion of the | 29637 |
assessment remains unpaid, including accrued interest, a certified | 29638 |
copy of the tax commissioner's entry making the assessment final | 29639 |
may be filed in the office of the clerk of the court of common | 29640 |
pleas in the county in which the wholesale or retail dealer's | 29641 |
place of business is located or the county in which the party | 29642 |
assessed resides. If the party assessed maintains no place of | 29643 |
business in this state and is not a resident of this state, the | 29644 |
certified copy of the entry may be filed in the office of the | 29645 |
clerk of the court of common pleas of Franklin county. | 29646 |
Immediately upon the filing of the commissioner's entry, the | 29647 |
clerk shall enter a judgment for the state against the party | 29648 |
assessed in the amount shown on the entry. The judgment may be | 29649 |
filed by the clerk in a loose-leaf book entitled "special | 29650 |
judgments for state cigarette sales tax," and shall have the same | 29651 |
effect as other judgments. Execution shall issue upon the judgment | 29652 |
upon the request of the tax commissioner, and all laws applicable | 29653 |
to sales on execution shall apply to sales made under the | 29654 |
judgment, except as otherwise provided in sections 5743.01 to | 29655 |
5743.20 of the Revised Code. | 29656 |
The portion of the assessment not paid within sixty days | 29657 |
after the assessment was issued shall bear interest at the rate | 29658 |
per annum prescribed by section 5703.47 of the Revised Code from | 29659 |
the day the commissioner issues the assessment until it is paid. | 29660 |
Interest shall be paid in the same manner as the tax and may be | 29661 |
collected by the issuance of an assessment under this section. | 29662 |
(D) All money collected by the tax commissioner under this | 29663 |
section shall be paid to the treasurer of state, and when paid | 29664 |
shall be considered as revenue arising from the taxes imposed by | 29665 |
sections 5743.01 to 5743.20 of the Revised Code. | 29666 |
Sec. 5743.12. No person shall make a false entry upon an | 29667 |
invoice, package, or container of cigarettes upon which an entry | 29668 |
is required by sections 5743.01 to 5743.20 of the Revised Code, | 29669 |
nor shall any person present any such false entry for the | 29670 |
inspection of the tax commissioner with intent to evade the tax | 29671 |
levied under section 5743.02, 5743.021, 5743.024, or 5743.026 of | 29672 |
the Revised Code. | 29673 |
Sec. 5743.13. No person shall falsely or fraudulently make, | 29674 |
forge, alter, or counterfeit any stamp prescribed by the tax | 29675 |
commissioner under section 5743.03 of the Revised Code, or cause | 29676 |
to be falsely or fraudulently made, forged, altered, or | 29677 |
counterfeited any such stamp, or possess any counterfeiting | 29678 |
device, or knowingly and willfully utter, publish, pass, or tender | 29679 |
as true, any such false, altered, forged, or counterfeited stamp, | 29680 |
or use more than once any such stamp for the purpose of evading | 29681 |
the tax levied under section 5743.02, 5743.021, 5743.024, or | 29682 |
5743.026 of the Revised Code. | 29683 |
Sec. 5743.15. (A) No person shall engage in this state in | 29684 |
the wholesale or retail business of trafficking in cigarettes or | 29685 |
in the business of a manufacturer or importer of cigarettes | 29686 |
without having a license to conduct each such activity issued by a | 29687 |
county auditor under division (B) of this section or the tax | 29688 |
commissioner under division (E) of this section, except that on | 29689 |
dissolution of a partnership by death, the surviving partner may | 29690 |
operate under the license of the partnership until expiration of | 29691 |
the license, and the heirs or legal representatives of deceased | 29692 |
persons, and receivers and trustees in bankruptcy appointed by any | 29693 |
competent authority, may operate under the license of the person | 29694 |
succeeded in possession by such heir, representative, receiver, or | 29695 |
trustee in bankruptcy. | 29696 |
(B) Each applicant for a license to engage in the wholesale | 29697 |
or retail business of trafficking in cigarettes under this | 29698 |
section, annually, on or before the fourth Monday of May, shall | 29699 |
make and deliver to the county auditor of the county in which the | 29700 |
applicant desires to engage in the wholesale or retail business of | 29701 |
trafficking in cigarettes, upon a blank furnished by such auditor | 29702 |
for that purpose, a statement showing the name of the applicant, | 29703 |
each place in the county where the applicant's business is | 29704 |
conducted, the nature of the business, and any other information | 29705 |
the tax commissioner requires in the form of statement prescribed | 29706 |
by the commissioner. If the applicant is a firm, partnership, or | 29707 |
association other than a corporation, the application shall state | 29708 |
the name and address of each of its members. If the applicant is a | 29709 |
corporation, the application shall state the name and address of | 29710 |
each of its officers. At the time of making the application | 29711 |
required by this section, every person desiring to engage in the | 29712 |
wholesale business of trafficking in cigarettes shall pay into the | 29713 |
county treasury a license tax in the sum of two hundred dollars, | 29714 |
or if desiring to engage in the retail business of trafficking in | 29715 |
cigarettes, a license tax in the sum of thirty dollars for each of | 29716 |
the first five places where the person proposes to carry on such | 29717 |
business and twenty-five dollars for each additional place. Each | 29718 |
place of business shall be deemed such space, under lease or | 29719 |
license to, or under the control of, or under the supervision of | 29720 |
the applicant, as is contained in one or more contiguous, | 29721 |
adjacent, or adjoining buildings constituting an industrial plant | 29722 |
or a place of business operated by, or under the control of, one | 29723 |
person, or under one roof and connected by doors, halls, | 29724 |
stairways, or elevators, which space may contain any number of | 29725 |
points at which cigarettes are offered for sale, provided that | 29726 |
each additional point at which cigarettes are offered for sale | 29727 |
shall be listed in the application. | 29728 |
Upon receipt of the application and exhibition of the county | 29729 |
treasurer's receipt showing the payment of the tax, the county | 29730 |
auditor shall issue to the applicant a license for each place of | 29731 |
business designated in the application, authorizing the applicant | 29732 |
to engage in such business at such place for one year commencing | 29733 |
on the fourth Monday of May. Companies operating club or dining | 29734 |
cars or other cars upon which cigarettes are sold shall obtain | 29735 |
licenses at railroad terminals within the state, under such rules | 29736 |
as are prescribed by the commissioner. The form of the license | 29737 |
shall be prescribed by the commissioner. A duplicate license may | 29738 |
be obtained from the county auditor upon payment of a fifty cent | 29739 |
fee if the original license is lost, destroyed, or defaced. When | 29740 |
an application is filed after the fourth Monday of May, the | 29741 |
license tax required to be paid shall be proportioned in amount to | 29742 |
the remainder of the license year, except that it shall not be | 29743 |
less than one fifth of the whole amount in any one year. | 29744 |
The holder of a wholesale or retail dealer's cigarette | 29745 |
license may transfer the license to a place of business within the | 29746 |
same county other than that designated on the license or may | 29747 |
assign the license to another person for use in the same county on | 29748 |
condition that the licensee or assignee, whichever is applicable, | 29749 |
make application to the county auditor therefor, upon forms | 29750 |
approved by the commissioner and the payment of a fee of one | 29751 |
dollar into the county treasury. | 29752 |
(C)(1) The wholesale cigarette license tax revenue collected | 29753 |
under this section shall be distributed as follows: | 29754 |
(a) Thirty-seven and one-half per cent shall be paid upon the | 29755 |
warrant of the county auditor into the treasury of the municipal | 29756 |
corporation or township in which the place of business for which | 29757 |
the tax revenue was received is located; | 29758 |
(b) Fifteen per cent shall be credited to the general fund of | 29759 |
the county; | 29760 |
(c) Forty-seven and one-half per cent shall be paid into the | 29761 |
cigarette tax enforcement fund created by division (C) of this | 29762 |
section. | 29763 |
(2) The revenue collected from the thirty dollar tax imposed | 29764 |
upon the first five places of business of a person engaged in the | 29765 |
retail business of trafficking in cigarettes shall be distributed | 29766 |
as follows: | 29767 |
(a) Sixty-two and one-half per cent shall be paid upon the | 29768 |
warrant of the county auditor into the treasury of the municipal | 29769 |
corporation or township in which the places of business for which | 29770 |
the tax revenue was received are located; | 29771 |
(b) Twenty-two and one-half per cent shall be credited to the | 29772 |
general fund of the county; | 29773 |
(c) Fifteen per cent shall be paid into the cigarette tax | 29774 |
enforcement fund created by division (C) of this section. | 29775 |
(3) The remainder of the revenues and fines collected under | 29776 |
this section and the penal laws relating to cigarettes shall be | 29777 |
distributed as follows: | 29778 |
(a) Three-fourths shall be paid upon the warrant of the | 29779 |
county auditor into the treasury of the municipal corporation or | 29780 |
township in which the place of business, on account of which the | 29781 |
revenues and fines were received, is located; | 29782 |
(b) One-fourth shall be credited to the general fund of the | 29783 |
county. | 29784 |
(D) There is hereby created within the state treasury the | 29785 |
cigarette tax enforcement fund for the purpose of providing funds | 29786 |
to assist in paying the costs of enforcing sections 1333.11 to | 29787 |
1333.21 and Chapter 5743. of the Revised Code. | 29788 |
The portion of cigarette license tax revenues received by a | 29789 |
county auditor during the annual application period that ends | 29790 |
before the fourth Monday in May which is required to be deposited | 29791 |
in the cigarette tax enforcement fund shall be sent to the | 29792 |
treasurer of state by the thirtieth day of June each year. The | 29793 |
portion of license tax money received by each county auditor after | 29794 |
the fourth Monday in May which is required to be deposited in the | 29795 |
cigarette tax enforcement fund shall be sent to the treasurer of | 29796 |
state by the thirty-first day of December. | 29797 |
(E)(1) Every person who desires to engage in the business of | 29798 |
a manufacturer or importer of cigarettes shall, annually, on or | 29799 |
before the fourth Monday of May, make and deliver to the tax | 29800 |
commissioner, upon a blank furnished by the commissioner for that | 29801 |
purpose, a statement showing the name of the applicant, the nature | 29802 |
of the applicant's business, and any other information required by | 29803 |
the commissioner. If the applicant is a firm, partnership, or | 29804 |
association other than a corporation, the applicant shall state | 29805 |
the name and address of each of its members. If the applicant is a | 29806 |
corporation, the applicant shall state the name and address of | 29807 |
each of its officers. | 29808 |
Upon receipt of the application, the commissioner shall issue | 29809 |
to the applicant a license authorizing the applicant to engage in | 29810 |
the business of manufacturer or importer, whichever the case may | 29811 |
be, for one year commencing on the fourth Monday of May. | 29812 |
(2) The issuing of a license under division (E)(1) of this | 29813 |
section to a manufacturer does not excuse a manufacturer from the | 29814 |
certification process required under section 1346.05 of the | 29815 |
Revised Code. A manufacturer who is issued a license | 29816 |
division (E)(1) of this section | 29817 |
listed on the directory required under section 1346.05 of the | 29818 |
Revised Code shall | 29819 |
29820 | |
not be permitted to sell cigarettes in this state other than to a | 29821 |
licensed cigarette wholesaler for sale outside this state. Such a | 29822 |
manufacturer shall provide documentation to the commissioner | 29823 |
evidencing that the cigarettes are legal for sale in another | 29824 |
state. | 29825 |
(3) The tax commissioner may adopt rules necessary to | 29826 |
administer division (E) of this section. | 29827 |
Sec. 5743.321. For the same purposes for which it levies a | 29828 |
tax under section 5743.021 of the Revised Code, the board of | 29829 |
county commissioners of a county that has within its territorial | 29830 |
boundaries a qualifying regional arts and cultural district and | 29831 |
that levies a tax under that section, by resolution adopted by a | 29832 |
majority of the board, shall levy a tax at the same rate on the | 29833 |
use, consumption, or storage for consumption of cigarettes by | 29834 |
consumers in the county in which that tax is levied, provided that | 29835 |
the tax shall not apply if the tax levied by section 5743.021 of | 29836 |
the Revised Code has been paid. The tax shall take effect on the | 29837 |
date that a tax levied under that section takes effect, and shall | 29838 |
remain in effect as long as the tax levied under that section | 29839 |
remains effective. | 29840 |
Sec. 5743.33. Except as provided in section 5747.331 of the | 29841 |
Revised Code, every person who has acquired cigarettes for use, | 29842 |
storage, or other consumption subject to the tax levied under | 29843 |
section 5743.32, 5743.321, 5743.323, or 5743.324 of the Revised | 29844 |
Code, shall, on or before the fifteenth day of the month following | 29845 |
receipt of such cigarettes, file with the tax commissioner a | 29846 |
return showing the amount of cigarettes acquired, together with | 29847 |
remittance of the tax thereon. No such person shall transport | 29848 |
within this state, cigarettes that have a wholesale value in | 29849 |
excess of three hundred dollars, unless that person has obtained | 29850 |
consent to transport the cigarettes from the department of | 29851 |
taxation prior to such transportation. Such consent shall not be | 29852 |
required if the applicable taxes levied under sections 5743.02, | 29853 |
5743.021, 5743.024, and 5743.026 of the Revised Code have been | 29854 |
paid. Application for the consent shall be in the form prescribed | 29855 |
by the tax commissioner. | 29856 |
Every person transporting such cigarettes shall possess the | 29857 |
consent while transporting or possessing the cigarettes within | 29858 |
this state and shall produce the consent upon request of any law | 29859 |
enforcement officer or authorized agent of the tax commissioner. | 29860 |
Any person transporting such cigarettes without the consent | 29861 |
required by this section, shall be subject to the provisions of | 29862 |
this chapter, including the applicable taxes imposed | 29863 |
sections 5743.02, 5743.021, 5743.024, and 5743.026 of the Revised | 29864 |
Code. | 29865 |
Sec. 5743.34. If any person required to pay the tax levied | 29866 |
under section 5743.32, 5743.321, 5743.323, or 5743.324 of the | 29867 |
Revised Code, fails to make remittance, the tax commissioner may | 29868 |
issue an assessment against that person based on any information | 29869 |
in the commissioner's possession. | 29870 |
Sections 5743.081 and 5743.082 of the Revised Code relating | 29871 |
to the assessments or findings, appeals from assessments or | 29872 |
findings, the effect of assessments or findings before or after | 29873 |
hearing and before or after filing the same in the office of the | 29874 |
clerk of the court of common pleas, and all sections relating to | 29875 |
the procedure, authority, duties, liabilities, powers, and | 29876 |
privileges of the person assessed, the commissioner, the clerk, | 29877 |
and all other public officials, shall be applicable to assessments | 29878 |
made pursuant to this section. | 29879 |
Sec. 5743.35. No person required by section 5743.33 of the | 29880 |
Revised Code to file a return with the tax commissioner shall fail | 29881 |
to make such return, or fail to pay the applicable taxes levied | 29882 |
under section 5743.32, 5743.321, 5743.323, or 5743.324 of the | 29883 |
Revised Code, or fail to pay any lawful assessment issued by the | 29884 |
commissioner. | 29885 |
Sec. 5745.01. As used in this chapter: | 29886 |
(A) "Electric company," "combined company," and "telephone | 29887 |
company," have the same meanings as in section 5727.01 of the | 29888 |
Revised Code, except "telephone company" does not include a non | 29889 |
profit corporation. | 29890 |
(B) "Electric light company" has the same meaning as in | 29891 |
section 4928.01 of the Revised Code, and includes the activities | 29892 |
of a combined company as an electric company, but excludes | 29893 |
nonprofit companies and municipal corporations. | 29894 |
(C) "Taxpayer" means either of the following: | 29895 |
(1) An electric light company subject to taxation by a | 29896 |
municipal corporation in this state for a taxable year, excluding | 29897 |
an electric light company that is not an electric company or a | 29898 |
combined company and for which an election made under section | 29899 |
5745.031 of the Revised Code is not in effect with respect to the | 29900 |
taxable year. If such a company is a qualified subchapter S | 29901 |
subsidiary as defined in section 1361 of the Internal Revenue Code | 29902 |
or a disregarded entity, the company's parent S corporation or | 29903 |
owner is the taxpayer for the purposes of this chapter and is | 29904 |
hereby deemed to have nexus with this state under the Constitution | 29905 |
of the United States for the purposes of this chapter. | 29906 |
(2) A telephone company subject to taxation by a municipal | 29907 |
corporation in this state for a taxable year. A telephone company | 29908 |
is subject to taxation under this chapter for any taxable year | 29909 |
that begins on or after January 1, 2004. A telephone company with | 29910 |
a taxable year ending in 2004 shall compute the tax imposed under | 29911 |
this chapter, or shall compute its net operating loss carried | 29912 |
forward for that taxable year, by multiplying the tax owed, or the | 29913 |
loss for the taxable year, by fifty per cent. | 29914 |
(D) "Disregarded entity" means an entity that, for its | 29915 |
taxable year, is by default, or has elected to be, disregarded as | 29916 |
an entity separate from its owner pursuant to 26 C.F.R. | 29917 |
301.7701-3. | 29918 |
(E) "Taxable year" of a taxpayer is the taxpayer's taxable | 29919 |
year for federal income tax purposes. | 29920 |
(F) "Federal taxable income" means taxable income, before | 29921 |
operating loss deduction and special deductions, as required to be | 29922 |
reported for the taxpayer's taxable year under the Internal | 29923 |
Revenue Code. | 29924 |
(G) "Adjusted federal taxable income" means federal taxable | 29925 |
income adjusted as follows: | 29926 |
(1) Deduct intangible income as defined in section 718.01 of | 29927 |
the Revised Code to the extent included in federal taxable income; | 29928 |
(2) Add expenses incurred in the production of such | 29929 |
intangible income; | 29930 |
(3) If, with respect to a qualifying taxpayer and a | 29931 |
qualifying asset there occurs a qualifying taxable event, the | 29932 |
qualifying taxpayer shall reduce its federal taxable income, as | 29933 |
defined in division (F) of this section, by the amount of the | 29934 |
book-tax difference for that qualifying asset if the book-tax | 29935 |
difference is greater than zero, and shall increase its federal | 29936 |
taxable income by the absolute value of the amount of the book-tax | 29937 |
difference for that qualifying asset if the book-tax difference is | 29938 |
less than zero. The adjustments provided in division (G)(3) of | 29939 |
this section are subject to divisions (B)(3), (4), and (5) of | 29940 |
section 5733.0510 of the Revised Code to the extent those | 29941 |
divisions apply to the adjustments in that section for the taxable | 29942 |
year. A taxpayer shall not deduct or add any amount under division | 29943 |
(G)(3) of this section with respect to a qualifying asset the | 29944 |
sale, exchange, or other disposition of which resulted in the | 29945 |
recognition of a gain or loss that the taxpayer deducted or added, | 29946 |
respectively, under division (G)(1) or (2) of this section. | 29947 |
For the purposes of division (G)(3) of this section, | 29948 |
"book-tax difference," "qualifying taxpayer," "qualifying asset," | 29949 |
and "qualifying taxable event" have the same meanings as in | 29950 |
section 5733.0510 of the Revised Code. | 29951 |
(4) If the taxpayer is not a C corporation and is not an | 29952 |
individual, the taxpayer shall compute "adjusted federal taxable | 29953 |
income" as if the taxpayer were a C corporation, except: | 29954 |
(a) Guaranteed payments and other similar amounts paid or | 29955 |
accrued to a partner, former partner, or member or former member | 29956 |
shall not be allowed as a deductible expense; and | 29957 |
(b) With respect to each owner or owner-employee of the | 29958 |
taxpayer, amounts paid or accrued to a qualified self-employed | 29959 |
retirement plan and amounts paid or accrued to or for health | 29960 |
insurance or life insurance shall not be allowed as a deduction. | 29961 |
Nothing in this division shall be construed as allowing the | 29962 |
taxpayer to deduct any amount more than once. | 29963 |
(5) Add or deduct the amounts described in section 5733.0511 | 29964 |
of the Revised Code for qualifying telephone company taxpayers. | 29965 |
(H) "Internal Revenue Code" means the "Internal Revenue Code | 29966 |
of 1986," 100 Stat.
2085, 26 U.S.C.A. 1, as | 29967 |
29968 |
(I) "Ohio net income" means the amount determined under | 29969 |
division (B) of section 5745.02 of the Revised Code. | 29970 |
Sec. 5747.01. Except as otherwise expressly provided or | 29971 |
clearly appearing from the context, any term used in this chapter | 29972 |
that is not otherwise defined in this section has the same meaning | 29973 |
as when used in a comparable context in the laws of the United | 29974 |
States relating to federal income taxes or if not used in a | 29975 |
comparable context in those laws, has the same meaning as in | 29976 |
section 5733.40 of the Revised Code. Any reference in this chapter | 29977 |
to the Internal Revenue Code includes other laws of the United | 29978 |
States relating to federal income taxes. | 29979 |
As used in this chapter: | 29980 |
(A) "Adjusted gross income" or "Ohio adjusted gross income" | 29981 |
means federal adjusted gross income, as defined and used in the | 29982 |
Internal Revenue Code, adjusted as provided in this section: | 29983 |
(1) Add interest or dividends on obligations or securities of | 29984 |
any state or of any political subdivision or authority of any | 29985 |
state, other than this state and its subdivisions and authorities. | 29986 |
(2) Add interest or dividends on obligations of any | 29987 |
authority, commission, instrumentality, territory, or possession | 29988 |
of the United States to the extent that the interest or dividends | 29989 |
are exempt from federal income taxes but not from state income | 29990 |
taxes. | 29991 |
(3) Deduct interest or dividends on obligations of the United | 29992 |
States and its territories and possessions or of any authority, | 29993 |
commission, or instrumentality of the United States to the extent | 29994 |
that the interest or dividends are included in federal adjusted | 29995 |
gross income but exempt from state income taxes under the laws of | 29996 |
the United States. | 29997 |
(4) Deduct disability and survivor's benefits to the extent | 29998 |
included in federal adjusted gross income. | 29999 |
(5) Deduct benefits under Title II of the Social Security Act | 30000 |
and tier 1 railroad retirement benefits to the extent included in | 30001 |
federal adjusted gross income under section 86 of the Internal | 30002 |
Revenue Code. | 30003 |
(6) In the case of a taxpayer who is a beneficiary of a trust | 30004 |
that makes an accumulation distribution as defined in section 665 | 30005 |
of the Internal Revenue Code, add, for the beneficiary's taxable | 30006 |
years beginning before 2002, the portion, if any, of such | 30007 |
distribution that does not exceed the undistributed net income of | 30008 |
the trust for the three taxable years preceding the taxable year | 30009 |
in which the distribution is made to the extent that the portion | 30010 |
was not included in the trust's taxable income for any of the | 30011 |
trust's taxable years beginning in 2002 or thereafter. | 30012 |
"Undistributed net income of a trust" means the taxable income of | 30013 |
the trust increased by (a)(i) the additions to adjusted gross | 30014 |
income required under division (A) of this section and (ii) the | 30015 |
personal exemptions allowed to the trust pursuant to section | 30016 |
642(b) of the Internal Revenue Code, and decreased by (b)(i) the | 30017 |
deductions to adjusted gross income required under division (A) of | 30018 |
this section, (ii) the amount of federal income taxes attributable | 30019 |
to such income, and (iii) the amount of taxable income that has | 30020 |
been included in the adjusted gross income of a beneficiary by | 30021 |
reason of a prior accumulation distribution. Any undistributed net | 30022 |
income included in the adjusted gross income of a beneficiary | 30023 |
shall reduce the undistributed net income of the trust commencing | 30024 |
with the earliest years of the accumulation period. | 30025 |
(7) Deduct the amount of wages and salaries, if any, not | 30026 |
otherwise allowable as a deduction but that would have been | 30027 |
allowable as a deduction in computing federal adjusted gross | 30028 |
income for the taxable year, had the targeted jobs credit allowed | 30029 |
and determined under sections 38, 51, and 52 of the Internal | 30030 |
Revenue Code not been in effect. | 30031 |
(8) Deduct any interest or interest equivalent on public | 30032 |
obligations and purchase obligations to the extent that the | 30033 |
interest or interest equivalent is included in federal adjusted | 30034 |
gross income. | 30035 |
(9) Add any loss or deduct any gain resulting from the sale, | 30036 |
exchange, or other disposition of public obligations to the extent | 30037 |
that the loss has been deducted or the gain has been included in | 30038 |
computing federal adjusted gross income. | 30039 |
(10) Deduct or add amounts, as provided under section | 30040 |
5747.70 of the Revised Code, related to contributions to variable | 30041 |
college savings program accounts made or tuition units purchased | 30042 |
pursuant to Chapter 3334. of the Revised Code. | 30043 |
(11)(a) Deduct, to the extent not otherwise allowable as a | 30044 |
deduction or exclusion in computing federal or Ohio adjusted gross | 30045 |
income for the taxable year, the amount the taxpayer paid during | 30046 |
the taxable year for medical care insurance and qualified | 30047 |
long-term care insurance for the taxpayer, the taxpayer's spouse, | 30048 |
and dependents. No deduction for medical care insurance under | 30049 |
division (A)(11) of this section shall be allowed either to any | 30050 |
taxpayer who is eligible to participate in any subsidized health | 30051 |
plan maintained by any employer of the taxpayer or of the | 30052 |
taxpayer's spouse, or to any taxpayer who is entitled to, or on | 30053 |
application would be entitled to, benefits under part A of Title | 30054 |
XVIII of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. | 30055 |
301, as amended. For the purposes of division (A)(11)(a) of this | 30056 |
section, "subsidized health plan" means a health plan for which | 30057 |
the employer pays any portion of the plan's cost. The deduction | 30058 |
allowed under division (A)(11)(a) of this section shall be the net | 30059 |
of any related premium refunds, related premium reimbursements, or | 30060 |
related insurance premium dividends received during the taxable | 30061 |
year. | 30062 |
(b) Deduct, to the extent not otherwise deducted or excluded | 30063 |
in computing federal or Ohio adjusted gross income during the | 30064 |
taxable year, the amount the taxpayer paid during the taxable | 30065 |
year, not compensated for by any insurance or otherwise, for | 30066 |
medical care of the taxpayer, the taxpayer's spouse, and | 30067 |
dependents, to the extent the expenses exceed seven and one-half | 30068 |
per cent of the taxpayer's federal adjusted gross income. | 30069 |
(c) For purposes of division (A)(11) of this section, | 30070 |
"medical care" has the meaning given in section 213 of the | 30071 |
Internal Revenue Code, subject to the special rules, limitations, | 30072 |
and exclusions set forth therein, and "qualified long-term care" | 30073 |
has the same
meaning given in section 7702 | 30074 |
Internal Revenue Code. | 30075 |
(12)(a) Deduct any amount included in federal adjusted gross | 30076 |
income solely because the amount represents a reimbursement or | 30077 |
refund of expenses that in any year the taxpayer had deducted as | 30078 |
an itemized deduction pursuant to section 63 of the Internal | 30079 |
Revenue Code and applicable United States department of the | 30080 |
treasury regulations. The deduction otherwise allowed under | 30081 |
division (A)(12)(a) of this section shall be reduced to the extent | 30082 |
the reimbursement is attributable to an amount the taxpayer | 30083 |
deducted under this section in any taxable year. | 30084 |
(b) Add any amount not otherwise included in Ohio adjusted | 30085 |
gross income for any taxable year to the extent that the amount is | 30086 |
attributable to the recovery during the taxable year of any amount | 30087 |
deducted or excluded in computing federal or Ohio adjusted gross | 30088 |
income in any taxable year. | 30089 |
(13) Deduct any portion of the deduction described in section | 30090 |
1341(a)(2) of the Internal Revenue Code, for repaying previously | 30091 |
reported income received under a claim of right, that meets both | 30092 |
of the following requirements: | 30093 |
(a) It is allowable for repayment of an item that was | 30094 |
included in the taxpayer's adjusted gross income for a prior | 30095 |
taxable year and did not qualify for a credit under division (A) | 30096 |
or (B) of section 5747.05 of the Revised Code for that year; | 30097 |
(b) It does not otherwise reduce the taxpayer's adjusted | 30098 |
gross income for the current or any other taxable year. | 30099 |
(14) Deduct an amount equal to the deposits made to, and net | 30100 |
investment earnings of, a medical savings account during the | 30101 |
taxable year, in accordance with section 3924.66 of the Revised | 30102 |
Code. The deduction allowed by division (A)(14) of this section | 30103 |
does not apply to medical savings account deposits and earnings | 30104 |
otherwise deducted or excluded for the current or any other | 30105 |
taxable year from the taxpayer's federal adjusted gross income. | 30106 |
(15)(a) Add an amount equal to the funds withdrawn from a | 30107 |
medical savings account during the taxable year, and the net | 30108 |
investment earnings on those funds, when the funds withdrawn were | 30109 |
used for any purpose other than to reimburse an account holder | 30110 |
for, or to pay, eligible medical expenses, in accordance with | 30111 |
section 3924.66 of the Revised Code; | 30112 |
(b) Add the amounts distributed from a medical savings | 30113 |
account under division (A)(2) of section 3924.68 of the Revised | 30114 |
Code during the taxable year. | 30115 |
(16) Add any amount claimed as a credit under section | 30116 |
5747.059 of the Revised Code to the extent that such amount | 30117 |
satisfies either of the following: | 30118 |
(a) The amount was deducted or excluded from the computation | 30119 |
of the taxpayer's federal adjusted gross income as required to be | 30120 |
reported for the taxpayer's taxable year under the Internal | 30121 |
Revenue Code; | 30122 |
(b) The amount resulted in a reduction of the taxpayer's | 30123 |
federal adjusted gross income as required to be reported for any | 30124 |
of the taxpayer's taxable years under the Internal Revenue Code. | 30125 |
(17) Deduct the amount contributed by the taxpayer to an | 30126 |
individual development account program established by a county | 30127 |
department of job and family services pursuant to sections 329.11 | 30128 |
to 329.14 of the Revised Code for the purpose of matching funds | 30129 |
deposited by program participants. On request of the tax | 30130 |
commissioner, the taxpayer shall provide any information that, in | 30131 |
the tax commissioner's opinion, is necessary to establish the | 30132 |
amount deducted under division (A)(17) of this section. | 30133 |
(18) Beginning in taxable year 2001 but not for any taxable | 30134 |
year beginning after December 31, 2005, if the taxpayer is married | 30135 |
and files a joint return and the combined federal adjusted gross | 30136 |
income of the taxpayer and the taxpayer's spouse for the taxable | 30137 |
year does not exceed one hundred thousand dollars, or if the | 30138 |
taxpayer is single and has a federal adjusted gross income for the | 30139 |
taxable year not exceeding fifty thousand dollars, deduct amounts | 30140 |
paid during the taxable year for qualified tuition and fees paid | 30141 |
to an eligible institution for the taxpayer, the taxpayer's | 30142 |
spouse, or any dependent of the taxpayer, who is a resident of | 30143 |
this state and is enrolled in or attending a program that | 30144 |
culminates in a degree or diploma at an eligible institution. The | 30145 |
deduction may be claimed only to the extent that qualified tuition | 30146 |
and fees are not otherwise deducted or excluded for any taxable | 30147 |
year from federal or Ohio adjusted gross income. The deduction may | 30148 |
not be claimed for educational expenses for which the taxpayer | 30149 |
claims a credit under section 5747.27 of the Revised Code. | 30150 |
(19) Add any reimbursement received during the taxable year | 30151 |
of any amount the taxpayer deducted under division (A)(18) of this | 30152 |
section in any previous taxable year to the extent the amount is | 30153 |
not otherwise included in Ohio adjusted gross income. | 30154 |
(20)(a)(i) Add five-sixths of the amount of depreciation | 30155 |
expense allowed by subsection (k) of section 168 of the Internal | 30156 |
Revenue Code, including the taxpayer's proportionate or | 30157 |
distributive share of the amount of depreciation expense allowed | 30158 |
by that subsection to a pass-through entity in which the taxpayer | 30159 |
has a direct or indirect ownership interest. | 30160 |
(ii) Add five-sixths of the amount of qualifying section 179 | 30161 |
depreciation expense, including a person's proportionate or | 30162 |
distributive share of the amount of qualifying section 179 | 30163 |
depreciation expense allowed to any pass-through entity in which | 30164 |
the person has a direct or indirect ownership. For the purposes of | 30165 |
this division, "qualifying section 179 depreciation expense" means | 30166 |
the difference between (I) the amount of depreciation expense | 30167 |
directly or indirectly allowed to the taxpayer under section 179 | 30168 |
of the Internal Revenue Code, and (II) the amount of depreciation | 30169 |
expense directly or indirectly allowed to the taxpayer under | 30170 |
section 179 of the Internal Revenue Code as that section existed | 30171 |
on December 31, 2002. | 30172 |
The tax commissioner, under procedures established by the | 30173 |
commissioner, may waive the add-backs related to a pass-through | 30174 |
entity if the taxpayer owns, directly or indirectly, less than | 30175 |
five per cent of the pass-through entity. | 30176 |
(b) Nothing in division (A)(20) of this section shall be | 30177 |
construed to adjust or modify the adjusted basis of any asset. | 30178 |
(c) To the extent the add-back required under division | 30179 |
(A)(20)(a) of this section is attributable to property generating | 30180 |
nonbusiness income or loss allocated under section 5747.20 of the | 30181 |
Revised Code, the add-back shall be sitused to the same location | 30182 |
as the nonbusiness income or loss generated by the property for | 30183 |
the purpose of determining the credit under division (A) of | 30184 |
section 5747.05 of the Revised Code. Otherwise, the add-back shall | 30185 |
be apportioned, subject to one or more of the four alternative | 30186 |
methods of apportionment enumerated in section 5747.21 of the | 30187 |
Revised Code. | 30188 |
(d) For the purposes of division (A) of this section, net | 30189 |
operating loss carryback and carryforward shall not include | 30190 |
five-sixths of the allowance of any net operating loss deduction | 30191 |
carryback or carryforward to the taxable year to the extent such | 30192 |
loss resulted from depreciation allowed by section 168(k) of the | 30193 |
Internal Revenue Code and by the qualifying section 179 | 30194 |
depreciation expense amount. | 30195 |
(21)(a) If the taxpayer was required to add an amount under | 30196 |
division (A)(20)(a) of this section for a taxable year, deduct | 30197 |
one-fifth of the amount so added for each of the five succeeding | 30198 |
taxable years. | 30199 |
(b) If the amount deducted under division (A)(21)(a) of this | 30200 |
section is attributable to an add-back allocated under division | 30201 |
(A)(20)(c) of this section, the amount deducted shall be sitused | 30202 |
to the same location. Otherwise, the add-back shall be apportioned | 30203 |
using the apportionment factors for the taxable year in which the | 30204 |
deduction is taken, subject to one or more of the four alternative | 30205 |
methods of apportionment enumerated in section 5747.21 of the | 30206 |
Revised Code. | 30207 |
(c) No deduction is available under division (A)(21)(a) of | 30208 |
this section with regard to any depreciation allowed by section | 30209 |
168(k) of the Internal Revenue Code and by the qualifying section | 30210 |
179 depreciation expense amount to the extent that such | 30211 |
depreciation resulted in or increased a federal net operating loss | 30212 |
carryback or carryforward to a taxable year to which division | 30213 |
(A)(20)(d) of this section does not apply. | 30214 |
(22) Deduct, to the extent not otherwise deducted or excluded | 30215 |
in computing federal or Ohio adjusted gross income for the taxable | 30216 |
year, the amount the taxpayer received during the taxable year as | 30217 |
reimbursement for life insurance premiums under section 5919.31 of | 30218 |
the Revised Code. | 30219 |
(23) Deduct, to the extent not otherwise deducted or excluded | 30220 |
in computing federal or Ohio adjusted gross income for the taxable | 30221 |
year, the amount the taxpayer received during the taxable year as | 30222 |
a death benefit paid by the adjutant general under section 5919.33 | 30223 |
of the Revised Code. | 30224 |
(B) "Business income" means income, including gain or loss, | 30225 |
arising from transactions, activities, and sources in the regular | 30226 |
course of a trade or business and includes income, gain, or loss | 30227 |
from real property, tangible property, and intangible property if | 30228 |
the acquisition, rental, management, and disposition of the | 30229 |
property constitute integral parts of the regular course of a | 30230 |
trade or business operation. "Business income" includes income, | 30231 |
including gain or loss, from a partial or complete liquidation of | 30232 |
a business, including, but not limited to, gain or loss from the | 30233 |
sale or other disposition of goodwill. | 30234 |
(C) "Nonbusiness income" means all income other than business | 30235 |
income and may include, but is not limited to, compensation, rents | 30236 |
and royalties from real or tangible personal property, capital | 30237 |
gains, interest, dividends and distributions, patent or copyright | 30238 |
royalties, or lottery winnings, prizes, and awards. | 30239 |
(D) "Compensation" means any form of remuneration paid to an | 30240 |
employee for personal services. | 30241 |
(E) "Fiduciary" means a guardian, trustee, executor, | 30242 |
administrator, receiver, conservator, or any other person acting | 30243 |
in any fiduciary capacity for any individual, trust, or estate. | 30244 |
(F) "Fiscal year" means an accounting period of twelve months | 30245 |
ending on the last day of any month other than December. | 30246 |
(G) "Individual" means any natural person. | 30247 |
(H) "Internal Revenue Code" means the "Internal Revenue Code | 30248 |
of 1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended. | 30249 |
(I) "Resident" means any of the following, provided that | 30250 |
division (I)(3) of this section applies only to taxable years of a | 30251 |
trust beginning in 2002 or thereafter: | 30252 |
(1) An individual who is domiciled in this state, subject to | 30253 |
section 5747.24 of the Revised Code; | 30254 |
(2) The estate of a decedent who at the time of death was | 30255 |
domiciled in this state. The domicile tests of section 5747.24 of | 30256 |
the Revised Code and any election under section 5747.25 of the | 30257 |
Revised Code are not controlling for purposes of division (I)(2) | 30258 |
of this section. | 30259 |
(3) A trust that, in whole or part, resides in this state. If | 30260 |
only part of a trust resides in this state, the trust is a | 30261 |
resident only with respect to that part. | 30262 |
For the purposes of division (I)(3) of this section: | 30263 |
(a) A trust resides in this state for the trust's current | 30264 |
taxable year to the extent, as described in division (I)(3)(d) of | 30265 |
this section, that the trust consists directly or indirectly, in | 30266 |
whole or in part, of assets, net of any related liabilities, that | 30267 |
were transferred, or caused to be transferred, directly or | 30268 |
indirectly, to the trust by any of the following: | 30269 |
(i) A person, a court, or a governmental entity or | 30270 |
instrumentality on account of the death of a decedent, but only if | 30271 |
the trust is described in division (I)(3)(e)(i) or (ii) of this | 30272 |
section; | 30273 |
(ii) A person who was domiciled in this state for the | 30274 |
purposes of this chapter when the person directly or indirectly | 30275 |
transferred assets to an irrevocable trust, but only if at least | 30276 |
one of the trust's qualifying beneficiaries is domiciled in this | 30277 |
state for the purposes of this chapter during all or some portion | 30278 |
of the trust's current taxable year; | 30279 |
(iii) A person who was domiciled in this state for the | 30280 |
purposes of this chapter when the trust document or instrument or | 30281 |
part of the trust document or instrument became irrevocable, but | 30282 |
only if at least one of the trust's qualifying beneficiaries is a | 30283 |
resident domiciled in this state for the purposes of this chapter | 30284 |
during all or some portion of the trust's current taxable year. If | 30285 |
a trust document or instrument became irrevocable upon the death | 30286 |
of a person who at the time of death was domiciled in this state | 30287 |
for purposes of this chapter, that person is a person described in | 30288 |
division (I)(3)(a)(iii) of this section. | 30289 |
(b) A trust is irrevocable to the extent that the transferor | 30290 |
is not considered to be the owner of the net assets of the trust | 30291 |
under sections 671 to 678 of the Internal Revenue Code. | 30292 |
(c) With respect to a trust other than a charitable lead | 30293 |
trust, "qualifying beneficiary" has the same meaning as "potential | 30294 |
current beneficiary" as defined in section 1361(e)(2) of the | 30295 |
Internal Revenue Code, and with respect to a charitable lead trust | 30296 |
"qualifying beneficiary" is any current, future, or contingent | 30297 |
beneficiary, but with respect to any trust "qualifying | 30298 |
beneficiary" excludes a person or a governmental entity or | 30299 |
instrumentality to any of which a contribution would qualify for | 30300 |
the charitable deduction under section 170 of the Internal Revenue | 30301 |
Code. | 30302 |
(d) For the purposes of division (I)(3)(a) of this section, | 30303 |
the extent to which a trust consists directly or indirectly, in | 30304 |
whole or in part, of assets, net of any related liabilities, that | 30305 |
were transferred directly or indirectly, in whole or part, to the | 30306 |
trust by any of the sources enumerated in that division shall be | 30307 |
ascertained by multiplying the fair market value of the trust's | 30308 |
assets, net of related liabilities, by the qualifying ratio, which | 30309 |
shall be computed as follows: | 30310 |
(i) The first time the trust receives assets, the numerator | 30311 |
of the qualifying ratio is the fair market value of those assets | 30312 |
at that time, net of any related liabilities, from sources | 30313 |
enumerated in division (I)(3)(a) of this section. The denominator | 30314 |
of the qualifying ratio is the fair market value of all the | 30315 |
trust's assets at that time, net of any related liabilities. | 30316 |
(ii) Each subsequent time the trust receives assets, a | 30317 |
revised qualifying ratio shall be computed. The numerator of the | 30318 |
revised qualifying ratio is the sum of (1) the fair market value | 30319 |
of the trust's assets immediately prior to the subsequent | 30320 |
transfer, net of any related liabilities, multiplied by the | 30321 |
qualifying ratio last computed without regard to the subsequent | 30322 |
transfer, and (2) the fair market value of the subsequently | 30323 |
transferred assets at the time transferred, net of any related | 30324 |
liabilities, from sources enumerated in division (I)(3)(a) of this | 30325 |
section. The denominator of the revised qualifying ratio is the | 30326 |
fair market value of all the trust's assets immediately after the | 30327 |
subsequent transfer, net of any related liabilities. | 30328 |
(iii) Whether a transfer to the trust is by or from any of | 30329 |
the sources enumerated in division (I)(3)(a) of this section shall | 30330 |
be ascertained without regard to the domicile of the trust's | 30331 |
beneficiaries. | 30332 |
(e) For the purposes of division (I)(3)(a)(i) of this | 30333 |
section: | 30334 |
(i) A trust is described in division (I)(3)(e)(i) of this | 30335 |
section if the trust is a testamentary trust and the testator of | 30336 |
that testamentary trust was domiciled in this state at the time of | 30337 |
the testator's death for purposes of the taxes levied under | 30338 |
Chapter 5731. of the Revised Code. | 30339 |
(ii) A trust is described in division (I)(3)(e)(ii) of this | 30340 |
section if the transfer is a qualifying transfer described in any | 30341 |
of divisions (I)(3)(f)(i) to (vi) of this section, the trust is an | 30342 |
irrevocable inter vivos trust, and at least one of the trust's | 30343 |
qualifying beneficiaries is domiciled in this state for purposes | 30344 |
of this chapter during all or some portion of the trust's current | 30345 |
taxable year. | 30346 |
(f) For the purposes of division (I)(3)(e)(ii) of this | 30347 |
section, a "qualifying transfer" is a transfer of assets, net of | 30348 |
any related liabilities, directly or indirectly to a trust, if the | 30349 |
transfer is described in any of the following: | 30350 |
(i) The transfer is made to a trust, created by the decedent | 30351 |
before the decedent's death and while the decedent was domiciled | 30352 |
in this state for the purposes of this chapter, and, prior to the | 30353 |
death of the decedent, the trust became irrevocable while the | 30354 |
decedent was domiciled in this state for the purposes of this | 30355 |
chapter. | 30356 |
(ii) The transfer is made to a trust to which the decedent, | 30357 |
prior to the decedent's death, had directly or indirectly | 30358 |
transferred assets, net of any related liabilities, while the | 30359 |
decedent was domiciled in this state for the purposes of this | 30360 |
chapter, and prior to the death of the decedent the trust became | 30361 |
irrevocable while the decedent was domiciled in this state for the | 30362 |
purposes of this chapter. | 30363 |
(iii) The transfer is made on account of a contractual | 30364 |
relationship existing directly or indirectly between the | 30365 |
transferor and either the decedent or the estate of the decedent | 30366 |
at any time prior to the date of the decedent's death, and the | 30367 |
decedent was domiciled in this state at the time of death for | 30368 |
purposes of the taxes levied under Chapter 5731. of the Revised | 30369 |
Code. | 30370 |
(iv) The transfer is made to a trust on account of a | 30371 |
contractual relationship existing directly or indirectly between | 30372 |
the transferor and another person who at the time of the | 30373 |
decedent's death was domiciled in this state for purposes of this | 30374 |
chapter. | 30375 |
(v) The transfer is made to a trust on account of the will of | 30376 |
a testator. | 30377 |
(vi) The transfer is made to a trust created by or caused to | 30378 |
be created by a court, and the trust was directly or indirectly | 30379 |
created in connection with or as a result of the death of an | 30380 |
individual who, for purposes of the taxes levied under Chapter | 30381 |
5731. of the Revised Code, was domiciled in this state at the time | 30382 |
of the individual's death. | 30383 |
(g) The tax commissioner may adopt rules to ascertain the | 30384 |
part of a trust residing in this state. | 30385 |
(J) "Nonresident" means an individual or estate that is not a | 30386 |
resident. An individual who is a resident for only part of a | 30387 |
taxable year is a nonresident for the remainder of that taxable | 30388 |
year. | 30389 |
(K) "Pass-through entity" has the same meaning as in section | 30390 |
5733.04 of the Revised Code. | 30391 |
(L) "Return" means the notifications and reports required to | 30392 |
be filed pursuant to this chapter for the purpose of reporting the | 30393 |
tax due and includes declarations of estimated tax when so | 30394 |
required. | 30395 |
(M) "Taxable year" means the calendar year or the taxpayer's | 30396 |
fiscal year ending during the calendar year, or fractional part | 30397 |
thereof, upon which the adjusted gross income is calculated | 30398 |
pursuant to this chapter. | 30399 |
(N) "Taxpayer" means any person subject to the tax imposed by | 30400 |
section 5747.02 of the Revised Code or any pass-through entity | 30401 |
that makes the election under division (D) of section 5747.08 of | 30402 |
the Revised Code. | 30403 |
(O) "Dependents" means dependents as defined in the Internal | 30404 |
Revenue Code and as claimed in the taxpayer's federal income tax | 30405 |
return for the taxable year or which the taxpayer would have been | 30406 |
permitted to claim had the taxpayer filed a federal income tax | 30407 |
return. | 30408 |
(P) "Principal county of employment" means, in the case of a | 30409 |
nonresident, the county within the state in which a taxpayer | 30410 |
performs services for an employer or, if those services are | 30411 |
performed in more than one county, the county in which the major | 30412 |
portion of the services are performed. | 30413 |
(Q) As used in sections 5747.50 to 5747.55 of the Revised | 30414 |
Code: | 30415 |
(1) "Subdivision" means any county, municipal corporation, | 30416 |
park district, or township. | 30417 |
(2) "Essential local government purposes" includes all | 30418 |
functions that any subdivision is required by general law to | 30419 |
exercise, including like functions that are exercised under a | 30420 |
charter adopted pursuant to the Ohio Constitution. | 30421 |
(R) "Overpayment" means any amount already paid that exceeds | 30422 |
the figure determined to be the correct amount of the tax. | 30423 |
(S) "Taxable income" or "Ohio taxable income" applies only to | 30424 |
estates and trusts, and means federal taxable income, as defined | 30425 |
and used in the Internal Revenue Code, adjusted as follows: | 30426 |
(1) Add interest or dividends, net of ordinary, necessary, | 30427 |
and reasonable expenses not deducted in computing federal taxable | 30428 |
income, on obligations or securities of any state or of any | 30429 |
political subdivision or authority of any state, other than this | 30430 |
state and its subdivisions and authorities, but only to the extent | 30431 |
that such net amount is not otherwise includible in Ohio taxable | 30432 |
income and is described in either division (S)(1)(a) or (b) of | 30433 |
this section: | 30434 |
(a) The net amount is not attributable to the S portion of an | 30435 |
electing small business trust and has not been distributed to | 30436 |
beneficiaries for the taxable year; | 30437 |
(b) The net amount is attributable to the S portion of an | 30438 |
electing small business trust for the taxable year. | 30439 |
(2) Add interest or dividends, net of ordinary, necessary, | 30440 |
and reasonable expenses not deducted in computing federal taxable | 30441 |
income, on obligations of any authority, commission, | 30442 |
instrumentality, territory, or possession of the United States to | 30443 |
the extent that the interest or dividends are exempt from federal | 30444 |
income taxes but not from state income taxes, but only to the | 30445 |
extent that such net amount is not otherwise includible in Ohio | 30446 |
taxable income and is described in either division (S)(1)(a) or | 30447 |
(b) of this section; | 30448 |
(3) Add the amount of personal exemption allowed to the | 30449 |
estate pursuant to section 642(b) of the Internal Revenue Code; | 30450 |
(4) Deduct interest or dividends, net of related expenses | 30451 |
deducted in computing federal taxable income, on obligations of | 30452 |
the United States and its territories and possessions or of any | 30453 |
authority, commission, or instrumentality of the United States to | 30454 |
the extent that the interest or dividends are exempt from state | 30455 |
taxes under the laws of the United States, but only to the extent | 30456 |
that such amount is included in federal taxable income and is | 30457 |
described in either division (S)(1)(a) or (b) of this section; | 30458 |
(5) Deduct the amount of wages and salaries, if any, not | 30459 |
otherwise allowable as a deduction but that would have been | 30460 |
allowable as a deduction in computing federal taxable income for | 30461 |
the taxable year, had the targeted jobs credit allowed under | 30462 |
sections 38, 51, and 52 of the Internal Revenue Code not been in | 30463 |
effect, but only to the extent such amount relates either to | 30464 |
income included in federal taxable income for the taxable year or | 30465 |
to income of the S portion of an electing small business trust for | 30466 |
the taxable year; | 30467 |
(6) Deduct any interest or interest equivalent, net of | 30468 |
related expenses deducted in computing federal taxable income, on | 30469 |
public obligations and purchase obligations, but only to the | 30470 |
extent that such net amount relates either to income included in | 30471 |
federal taxable income for the taxable year or to income of the S | 30472 |
portion of an electing small business trust for the taxable year; | 30473 |
(7) Add any loss or deduct any gain resulting from sale, | 30474 |
exchange, or other disposition of public obligations to the extent | 30475 |
that such loss has been deducted or such gain has been included in | 30476 |
computing either federal taxable income or income of the S portion | 30477 |
of an electing small business trust for the taxable year; | 30478 |
(8) Except in the case of the final return of an estate, add | 30479 |
any amount deducted by the taxpayer on both its Ohio estate tax | 30480 |
return pursuant to section 5731.14 of the Revised Code, and on its | 30481 |
federal income tax return in determining federal taxable income; | 30482 |
(9)(a) Deduct any amount included in federal taxable income | 30483 |
solely because the amount represents a reimbursement or refund of | 30484 |
expenses that in a previous year the decedent had deducted as an | 30485 |
itemized deduction pursuant to section 63 of the Internal Revenue | 30486 |
Code and applicable treasury regulations. The deduction otherwise | 30487 |
allowed under division (S)(9)(a) of this section shall be reduced | 30488 |
to the extent the reimbursement is attributable to an amount the | 30489 |
taxpayer or decedent deducted under this section in any taxable | 30490 |
year. | 30491 |
(b) Add any amount not otherwise included in Ohio taxable | 30492 |
income for any taxable year to the extent that the amount is | 30493 |
attributable to the recovery during the taxable year of any amount | 30494 |
deducted or excluded in computing federal or Ohio taxable income | 30495 |
in any taxable year, but only to the extent such amount has not | 30496 |
been distributed to beneficiaries for the taxable year. | 30497 |
(10) Deduct any portion of the deduction described in section | 30498 |
1341(a)(2) of the Internal Revenue Code, for repaying previously | 30499 |
reported income received under a claim of right, that meets both | 30500 |
of the following requirements: | 30501 |
(a) It is allowable for repayment of an item that was | 30502 |
included in the taxpayer's taxable income or the decedent's | 30503 |
adjusted gross income for a prior taxable year and did not qualify | 30504 |
for a credit under division (A) or (B) of section 5747.05 of the | 30505 |
Revised Code for that year. | 30506 |
(b) It does not otherwise reduce the taxpayer's taxable | 30507 |
income or the decedent's adjusted gross income for the current or | 30508 |
any other taxable year. | 30509 |
(11) Add any amount claimed as a credit under section | 30510 |
5747.059 of the Revised Code to the extent that the amount | 30511 |
satisfies either of the following: | 30512 |
(a) The amount was deducted or excluded from the computation | 30513 |
of the taxpayer's federal taxable income as required to be | 30514 |
reported for the taxpayer's taxable year under the Internal | 30515 |
Revenue Code; | 30516 |
(b) The amount resulted in a reduction in the taxpayer's | 30517 |
federal taxable income as required to be reported for any of the | 30518 |
taxpayer's taxable years under the Internal Revenue Code. | 30519 |
(12) Deduct any amount, net of related expenses deducted in | 30520 |
computing federal taxable income, that a trust is required to | 30521 |
report as farm income on its federal income tax return, but only | 30522 |
if the assets of the trust include at least ten acres of land | 30523 |
satisfying the definition of "land devoted exclusively to | 30524 |
agricultural use" under section 5713.30 of the Revised Code, | 30525 |
regardless of whether the land is valued for tax purposes as such | 30526 |
land under sections 5713.30 to 5713.38 of the Revised Code. If the | 30527 |
trust is a
| 30528 |
5747.231 of the Revised Code applies in ascertaining if the trust | 30529 |
is eligible to claim the deduction provided by division (S)(12) of | 30530 |
this section in connection with the pass-through entity's farm | 30531 |
income. | 30532 |
Except for farm income attributable to the S portion of an | 30533 |
electing small business trust, the deduction provided by division | 30534 |
(S)(12) of this section is allowed only to the extent that the | 30535 |
trust has not distributed such farm income. Division (S)(12) of | 30536 |
this section applies only to taxable years of a trust beginning in | 30537 |
2002 or thereafter. | 30538 |
(13) Add the net amount of income described in section 641(c) | 30539 |
of the Internal Revenue Code to the extent that amount is not | 30540 |
included in federal taxable income. | 30541 |
(14) Add or deduct the amount the taxpayer would be required | 30542 |
to add or deduct under division (A)(20) or (21) of this section if | 30543 |
the taxpayer's Ohio taxable income were computed in the same | 30544 |
manner as an individual's Ohio adjusted gross income is computed | 30545 |
under this section. In the case of a trust, division (S)(14) of | 30546 |
this section applies only to any of the trust's taxable years | 30547 |
beginning in 2002 or thereafter. | 30548 |
(T) "School district income" and "school district income tax" | 30549 |
have the same meanings as in section 5748.01 of the Revised Code. | 30550 |
(U) As used in divisions (A)(8), (A)(9), (S)(6), and (S)(7) | 30551 |
of this section, "public obligations," "purchase obligations," and | 30552 |
"interest or interest equivalent" have the same meanings as in | 30553 |
section 5709.76 of the Revised Code. | 30554 |
(V) "Limited liability company" means any limited liability | 30555 |
company formed under Chapter 1705. of the Revised Code or under | 30556 |
the laws of any other state. | 30557 |
(W) "Pass-through entity investor" means any person who, | 30558 |
during any portion of a taxable year of a pass-through entity, is | 30559 |
a partner, member, shareholder, or equity investor in that | 30560 |
pass-through entity. | 30561 |
(X) "Banking day" has the same meaning as in section 1304.01 | 30562 |
of the Revised Code. | 30563 |
(Y) "Month" means a calendar month. | 30564 |
(Z) "Quarter" means the first three months, the second three | 30565 |
months, the third three months, or the last three months of the | 30566 |
taxpayer's taxable year. | 30567 |
(AA)(1) "Eligible institution" means a state university or | 30568 |
state institution of higher education as defined in section | 30569 |
3345.011 of the Revised Code, or a private, nonprofit college, | 30570 |
university, or other post-secondary institution located in this | 30571 |
state that possesses a certificate of authorization issued by the | 30572 |
Ohio board of regents pursuant to Chapter 1713. of the Revised | 30573 |
Code or a certificate of registration issued by the state board of | 30574 |
career colleges and schools under Chapter 3332. of the Revised | 30575 |
Code. | 30576 |
(2) "Qualified tuition and fees" means tuition and fees | 30577 |
imposed by an eligible institution as a condition of enrollment or | 30578 |
attendance, not exceeding two thousand five hundred dollars in | 30579 |
each of the individual's first two years of post-secondary | 30580 |
education. If the individual is a part-time student, "qualified | 30581 |
tuition and fees" includes tuition and fees paid for the academic | 30582 |
equivalent of the first two years of post-secondary education | 30583 |
during a maximum of five taxable years, not exceeding a total of | 30584 |
five thousand dollars. "Qualified tuition and fees" does not | 30585 |
include: | 30586 |
(a) Expenses for any course or activity involving sports, | 30587 |
games, or hobbies unless the course or activity is part of the | 30588 |
individual's degree or diploma program; | 30589 |
(b) The cost of books, room and board, student activity fees, | 30590 |
athletic fees, insurance expenses, or other expenses unrelated to | 30591 |
the individual's academic course of instruction; | 30592 |
(c) Tuition, fees, or other expenses paid or reimbursed | 30593 |
through an employer, scholarship, grant in aid, or other | 30594 |
educational benefit program. | 30595 |
(BB)(1) "Modified business income" means the business income | 30596 |
included in a trust's Ohio taxable income after such taxable | 30597 |
income is first reduced by the qualifying trust amount, if any. | 30598 |
(2) "Qualifying trust amount" of a trust means capital gains | 30599 |
and losses from the sale, exchange, or other disposition of equity | 30600 |
or ownership interests in, or debt obligations of, a qualifying | 30601 |
investee to the extent included in the trust's Ohio taxable | 30602 |
income, but only if the following requirements are satisfied: | 30603 |
(a) The book value of the qualifying investee's physical | 30604 |
assets in this state and everywhere, as of the last day of the | 30605 |
qualifying investee's fiscal or calendar year ending immediately | 30606 |
prior to the date on which the trust recognizes the gain or loss, | 30607 |
is available to the trust. | 30608 |
(b) The requirements of section 5747.011 of the Revised Code | 30609 |
are satisfied for the trust's taxable year in which the trust | 30610 |
recognizes the gain or loss. | 30611 |
Any gain or loss that is not a qualifying trust amount is | 30612 |
modified business income, qualifying investment income, or | 30613 |
modified nonbusiness income, as the case may be. | 30614 |
(3) "Modified nonbusiness income" means a trust's Ohio | 30615 |
taxable income other than modified business income, other than the | 30616 |
qualifying trust amount, and other than qualifying investment | 30617 |
income, as defined in section 5747.012 of the Revised Code, to the | 30618 |
extent such qualifying investment income is not otherwise part of | 30619 |
modified business income. | 30620 |
(4) "Modified Ohio taxable income" applies only to trusts, | 30621 |
and means the sum of the amounts described in divisions (BB)(4)(a) | 30622 |
to (c) of this section: | 30623 |
(a) The fraction, calculated under section 5747.013, and | 30624 |
applying section 5747.231 of the Revised Code, multiplied by the | 30625 |
sum of the following amounts: | 30626 |
(i) The trust's modified business income; | 30627 |
(ii) The trust's qualifying investment income, as defined in | 30628 |
section 5747.012 of the Revised Code, but only to the extent the | 30629 |
qualifying investment income does not otherwise constitute | 30630 |
modified business income and does not otherwise constitute a | 30631 |
qualifying trust amount. | 30632 |
(b) The qualifying trust amount multiplied by a fraction, the | 30633 |
numerator of which is the sum of the book value of the qualifying | 30634 |
investee's physical assets in this state on the last day of the | 30635 |
qualifying investee's fiscal or calendar year ending immediately | 30636 |
prior to the day on which the trust recognizes the qualifying | 30637 |
trust amount, and the denominator of which is the sum of the book | 30638 |
value of the qualifying investee's total physical assets | 30639 |
everywhere on the last day of the qualifying investee's fiscal or | 30640 |
calendar year ending immediately prior to the day on which the | 30641 |
trust recognizes the qualifying trust amount. If, for a taxable | 30642 |
year, the trust recognizes a qualifying trust amount with respect | 30643 |
to more than one qualifying investee, the amount described in | 30644 |
division (BB)(4)(b) of this section shall equal the sum of the | 30645 |
products so computed for each such qualifying investee. | 30646 |
(c)(i) With respect to a trust or portion of a trust that is | 30647 |
a resident as ascertained in accordance with division (I)(3)(d) of | 30648 |
this section, its modified nonbusiness income. | 30649 |
(ii) With respect to a trust or portion of a trust that is | 30650 |
not a resident as ascertained in accordance with division | 30651 |
(I)(3)(d) of this section, the amount of its modified nonbusiness | 30652 |
income satisfying the descriptions in divisions (B)(2) to (5) of | 30653 |
section 5747.20 of the Revised Code, except as otherwise provided | 30654 |
in division (BB)(4)(c)(ii) of this section. With respect to a | 30655 |
trust or portion of a trust that is not a resident as ascertained | 30656 |
in accordance with division (I)(3)(d) of this section, the trust's | 30657 |
portion of modified nonbusiness income recognized from the sale, | 30658 |
exchange, or other disposition of a debt interest in or equity | 30659 |
interest in a section 5747.212 entity, as defined in section | 30660 |
5747.212 of the Revised Code, without regard to division (A) of | 30661 |
that section, shall not be allocated to this state in accordance | 30662 |
with section 5747.20 of the Revised Code but shall be apportioned | 30663 |
to this state in accordance with division (B) of section 5747.212 | 30664 |
of the Revised Code without regard to division (A) of that | 30665 |
section. | 30666 |
If the allocation and apportionment of a trust's income under | 30667 |
divisions (BB)(4)(a) and (c) of this section do not fairly | 30668 |
represent the modified Ohio taxable income of the trust in this | 30669 |
state, the alternative methods described in division (C) of | 30670 |
section 5747.21 of the Revised Code may be applied in the manner | 30671 |
and to the same extent provided in that section. | 30672 |
(5)(a) Except as set forth in division (BB)(5)(b) of this | 30673 |
section, "qualifying investee" means a person in which a trust has | 30674 |
an equity or ownership interest, or a person or unit of government | 30675 |
the debt obligations of either of which are owned by a trust. For | 30676 |
the purposes of division (BB)(2)(a) of this section and for the | 30677 |
purpose of computing the fraction described in division (BB)(4)(b) | 30678 |
of this section, all of the following apply: | 30679 |
(i) If the qualifying investee is a member of a qualifying | 30680 |
controlled group on the last day of the qualifying investee's | 30681 |
fiscal or calendar year ending immediately prior to the date on | 30682 |
which the trust recognizes the gain or loss, then "qualifying | 30683 |
investee" includes all persons in the qualifying controlled group | 30684 |
on such last day. | 30685 |
(ii) If the qualifying investee, or if the qualifying | 30686 |
investee and any members of the qualifying controlled group of | 30687 |
which the qualifying investee is a member on the last day of the | 30688 |
qualifying investee's fiscal or calendar year ending immediately | 30689 |
prior to the date on which the trust recognizes the gain or loss, | 30690 |
separately or cumulatively own, directly or indirectly, on the | 30691 |
last day of the qualifying investee's fiscal or calendar year | 30692 |
ending immediately prior to the date on which the trust recognizes | 30693 |
the qualifying trust amount, more than fifty per cent of the | 30694 |
equity of a pass-through entity, then the qualifying investee and | 30695 |
the other members are deemed to own the proportionate share of the | 30696 |
pass-through entity's physical assets which the pass-through | 30697 |
entity directly or indirectly owns on the last day of the | 30698 |
pass-through entity's calendar or fiscal year ending within or | 30699 |
with the last day of the qualifying investee's fiscal or calendar | 30700 |
year ending immediately prior to the date on which the trust | 30701 |
recognizes the qualifying trust amount. | 30702 |
(iii) For the purposes of division (BB)(5)(a)(iii) of this | 30703 |
section, "upper level pass-through entity" means a pass-through | 30704 |
entity directly or indirectly owning any equity of another | 30705 |
pass-through entity, and "lower level pass-through entity" means | 30706 |
that other pass-through entity. | 30707 |
An upper level pass-through entity, whether or not it is also | 30708 |
a qualifying investee, is deemed to own, on the last day of the | 30709 |
upper level pass-through entity's calendar or fiscal year, the | 30710 |
proportionate share of the lower level pass-through entity's | 30711 |
physical assets that the lower level pass-through entity directly | 30712 |
or indirectly owns on the last day of the lower level pass-through | 30713 |
entity's calendar or fiscal year ending within or with the last | 30714 |
day of the upper level pass-through entity's fiscal or calendar | 30715 |
year. If the upper level pass-through entity directly and | 30716 |
indirectly owns less than fifty per cent of the equity of the | 30717 |
lower level pass-through entity on each day of the upper level | 30718 |
pass-through entity's calendar or fiscal year in which or with | 30719 |
which ends the calendar or fiscal year of the lower level | 30720 |
pass-through entity and if, based upon clear and convincing | 30721 |
evidence, complete information about the location and cost of the | 30722 |
physical assets of the lower pass-through entity is not available | 30723 |
to the upper level pass-through entity, then solely for purposes | 30724 |
of ascertaining if a gain or loss constitutes a qualifying trust | 30725 |
amount, the upper level pass-through entity shall be deemed as | 30726 |
owning no equity of the lower level pass-through entity for each | 30727 |
day during the upper level pass-through entity's calendar or | 30728 |
fiscal year in which or with which ends the lower level | 30729 |
pass-through entity's calendar or fiscal year. Nothing in division | 30730 |
(BB)(5)(a)(iii) of this section shall be construed to provide for | 30731 |
any deduction or exclusion in computing any trust's Ohio taxable | 30732 |
income. | 30733 |
(b) With respect to a trust that is not a resident for the | 30734 |
taxable year and with respect to a part of a trust that is not a | 30735 |
resident for the taxable year, "qualifying investee" for that | 30736 |
taxable year does not include a C corporation if both of the | 30737 |
following apply: | 30738 |
(i) During the taxable year the trust or part of the trust | 30739 |
recognizes a gain or loss from the sale, exchange, or other | 30740 |
disposition of equity or ownership interests in, or debt | 30741 |
obligations of, the C corporation. | 30742 |
(ii) Such gain or loss constitutes nonbusiness income. | 30743 |
(6) "Available" means information is such that a person is | 30744 |
able to learn of the information by the due date plus extensions, | 30745 |
if any, for filing the return for the taxable year in which the | 30746 |
trust recognizes the gain or loss. | 30747 |
(CC) "Qualifying controlled group" has the same meaning as in | 30748 |
section 5733.04 of the Revised Code. | 30749 |
(DD) "Related member" has the same meaning as in section | 30750 |
5733.042 of the Revised Code. | 30751 |
(EE)(1) For the purposes of division (EE) of this section: | 30752 |
(a) "Qualifying person" means any person other than a | 30753 |
qualifying corporation. | 30754 |
(b) "Qualifying corporation" means any person classified for | 30755 |
federal income tax purposes as an association taxable as a | 30756 |
corporation, except either of the following: | 30757 |
(i) A corporation that has made an election under subchapter | 30758 |
S, chapter one, subtitle A, of the Internal Revenue Code for its | 30759 |
taxable year ending within, or on the last day of, the investor's | 30760 |
taxable year; | 30761 |
(ii) A subsidiary that is wholly owned by any corporation | 30762 |
that has made an election under subchapter S, chapter one, | 30763 |
subtitle A of the Internal Revenue Code for its taxable year | 30764 |
ending within, or on the last day of, the investor's taxable year. | 30765 |
(2) For the purposes of this chapter, unless expressly stated | 30766 |
otherwise, no qualifying person indirectly owns any asset directly | 30767 |
or indirectly owned by any qualifying corporation. | 30768 |
(FF) For purposes of this chapter and Chapter 5751. of the | 30769 |
Revised Code: | 30770 |
(1) "Trust" does not include a qualified pre-income tax | 30771 |
trust. | 30772 |
(2) A "qualified pre-income tax trust" is any pre-income tax | 30773 |
trust that makes a qualifying pre-income tax trust election as | 30774 |
described in division (FF)(3) of this section. | 30775 |
(3) A "qualifying pre-income tax trust election" is an | 30776 |
election by a pre-income tax trust to subject to the tax imposed | 30777 |
by section 5751.02 of the Revised Code the pre-income tax trust | 30778 |
and all pass-through entities of which the trust owns or controls, | 30779 |
directly, indirectly, or constructively through related interests, | 30780 |
five per cent or more of the ownership or equity interests. The | 30781 |
trustee shall notify the tax commissioner in writing of the | 30782 |
election on or before April 15, 2006. The election, if timely | 30783 |
made, shall be effective on and after January 1, 2006, and shall | 30784 |
apply for all tax periods and tax years until revoked by the | 30785 |
trustee of the trust. | 30786 |
(4) A "pre-income tax trust" is a trust that satisfies all of | 30787 |
the following requirements: | 30788 |
(a) The document or instrument creating the trust was | 30789 |
executed by the grantor before January 1, 1972; | 30790 |
(b) The trust became irrevocable upon the creation of the | 30791 |
trust; and | 30792 |
(c) The grantor was domiciled in this state at the time the | 30793 |
trust was created. | 30794 |
Sec. 5747.012. This section applies for the purposes of | 30795 |
divisions (BB)(3) and (BB)(4)(a)(ii) of section 5747.01 of the | 30796 |
Revised Code. | 30797 |
(A) As used in this section: | 30798 |
(1)(a) Except as set forth in division (A)(1)(b) of this | 30799 |
section, "qualifying investment income" means the portion of a | 30800 |
qualifying investment pass-through entity's net income | 30801 |
attributable to transaction fees in connection with the | 30802 |
acquisition, ownership, or disposition of intangible property; | 30803 |
loan fees; financing fees; consent fees; waiver fees; application | 30804 |
fees; net management fees; dividend income; interest income; net | 30805 |
capital gains from the sale or exchange or other disposition of | 30806 |
intangible property; and all types and classifications of income | 30807 |
attributable to distributive shares of income from other | 30808 |
pass-through entities. | 30809 |
(b)(i) Notwithstanding division (A)(1)(a) of this section, | 30810 |
"qualifying investment income" does not include any part of the | 30811 |
qualifying investment pass-through entity's net capital gain | 30812 |
which, after the application of section 5747.231 of the Revised | 30813 |
Code with respect to a trust, would also constitute a qualifying | 30814 |
trust amount. | 30815 |
(ii) Notwithstanding division (A)(1)(a) of this section, | 30816 |
"qualifying investment income" does not include any part of the | 30817 |
qualifying investment pass-through entity's net income | 30818 |
attributable to the portion of a distributive share of income | 30819 |
directly or indirectly from another pass-through entity to the | 30820 |
extent such portion constitutes the other pass-through entity's | 30821 |
net capital gain which, after the application of section 5747.231 | 30822 |
of the Revised Code with respect to a trust, would also constitute | 30823 |
a qualifying trust amount. | 30824 |
(2) "Qualifying investment pass-through entity" means an | 30825 |
investment pass-through entity, as defined in section 5733.401 of | 30826 |
the Revised Code, subject to the following qualifications: | 30827 |
(a) "Forty per cent" shall be substituted for "ninety per | 30828 |
cent" wherever "ninety per cent" appears in section 5733.401 of | 30829 |
the Revised Code. | 30830 |
(b) The pass-through entity must have been formed or | 30831 |
organized as an entity prior to June 5, 2002, and must exist as a | 30832 |
pass-through entity for all of the taxable year of the trust. | 30833 |
(c) The qualifying section 5747.012 trust or related persons | 30834 |
to the qualifying section 5747.012 trust must directly or | 30835 |
indirectly own at least five per cent of the equity of the | 30836 |
investment pass-through entity each day of the entity's fiscal or | 30837 |
calendar year ending within or with the last day of the qualifying | 30838 |
section 5747.012 trust's taxable year; | 30839 |
(d) During the investment pass-through entity's calendar or | 30840 |
fiscal year ending within or with the last day of the qualifying | 30841 |
section 5747.012 trust's taxable year, the qualifying section | 30842 |
5747.012 trust or related persons of or to the qualifying section | 30843 |
5747.012 trust must, on each day of the investment pass-through | 30844 |
entity's year, own directly, or own through equity investments in | 30845 |
other pass-through entities, more than sixty per cent of the | 30846 |
equity of the investment pass-through entity. | 30847 |
(B) "Qualifying section 5747.012 trust" means a trust | 30848 |
satisfying one of the following: | 30849 |
(1) The trust was created prior to, and was irrevocable on, | 30850 |
June 5, 2002; or | 30851 |
(2) If the trust was created after June 4, 2002, or if the | 30852 |
trust became irrevocable after June 4, 2002, then at least eighty | 30853 |
per cent of the assets transferred to the trust must have been | 30854 |
previously owned by related persons to the trust or by a trust | 30855 |
created prior to June 5, 2002, under which the creator did not | 30856 |
retain the power to change beneficiaries, amend the trust, or | 30857 |
revoke the trust. For purposes of division (B)(2) of this section, | 30858 |
the power to substitute property of equal value shall not be | 30859 |
considered to be a power to change beneficiaries, amend the trust, | 30860 |
or revoke the trust. | 30861 |
(C) For the purposes of this section, "related persons" means | 30862 |
the family of a qualifying individual beneficiary, as defined in | 30863 |
division (A)(5) of section 5747.011 of the Revised Code. For the | 30864 |
purposes of this division, "family" has the same meaning as in | 30865 |
division (A)(6) of section 5747.011 of the Revised Code. | 30866 |
(D) For the purposes of applying divisions (A)(2)(c), | 30867 |
(A)(2)(d), and (B)(2) of this section, the related persons or the | 30868 |
qualifying section 5747.012 trust, as the case may be, shall be | 30869 |
deemed to own the equity of the investment pass-through entity | 30870 |
after the application of division (B) of section 5747.011 of the | 30871 |
Revised Code. | 30872 |
(E) "Irrevocable" has the same meaning as in division | 30873 |
(I)(3)(b) of section 5747.01 of the Revised Code. | 30874 |
(F) Nothing in this section requires any item of income, | 30875 |
gain, or loss not satisfying the definition of qualifying | 30876 |
investment income to be treated as modified nonbusiness income. | 30877 |
Any item of income, gain, or loss that is not qualifying | 30878 |
investment income is modified business income, modified | 30879 |
nonbusiness income, or a qualifying trust amount, as the case may | 30880 |
be. | 30881 |
Sec. 5747.05. As used in this section, "income tax" includes | 30882 |
both a tax on net income and a tax measured by net income. | 30883 |
The following credits shall be allowed against the income tax | 30884 |
imposed by section 5747.02 of the Revised Code on individuals and | 30885 |
estates: | 30886 |
(A)(1) The amount of tax otherwise due under section 5747.02 | 30887 |
of the Revised Code on such portion of the adjusted gross income | 30888 |
of any nonresident taxpayer that is not allocable to this state | 30889 |
pursuant to sections 5747.20 to 5747.23 of the Revised Code; | 30890 |
(2) The credit provided under this division shall not exceed | 30891 |
the portion of the total tax due under section 5747.02 of the | 30892 |
Revised Code that the amount of the nonresident taxpayer's | 30893 |
adjusted gross income not allocated to this state pursuant to | 30894 |
sections 5747.20 to 5747.23 of the Revised Code bears to the total | 30895 |
adjusted gross income of the nonresident taxpayer derived from all | 30896 |
sources everywhere. | 30897 |
(3) The tax commissioner may enter into an agreement with the | 30898 |
taxing authorities of any state or of the District of Columbia | 30899 |
that imposes an income tax to provide that compensation paid in | 30900 |
this state to a nonresident taxpayer shall not be subject to the | 30901 |
tax levied in section 5747.02 of the Revised Code so long as | 30902 |
compensation paid in such other state or in the District of | 30903 |
Columbia to a resident taxpayer shall likewise not be subject to | 30904 |
the income tax of such other state or of the District of Columbia. | 30905 |
(B) The lesser of division (B)(1) or (2) of this section: | 30906 |
(1) The amount of tax otherwise due under section 5747.02 of | 30907 |
the Revised Code on such portion of the adjusted gross income of a | 30908 |
resident taxpayer that in another state or in the District of | 30909 |
Columbia is subjected to an income tax. The credit provided under | 30910 |
division (B)(1) of this section shall not exceed the portion of | 30911 |
the total tax due under section 5747.02 of the Revised Code that | 30912 |
the amount of the resident taxpayer's adjusted gross income | 30913 |
subjected to an income tax in the other state or in the District | 30914 |
of Columbia bears to the total adjusted gross income of the | 30915 |
resident taxpayer derived from all sources everywhere. | 30916 |
(2) The amount of income tax liability to another state or | 30917 |
the District of Columbia on the portion of the adjusted gross | 30918 |
income of a resident taxpayer that in another state or in the | 30919 |
District of Columbia is subjected to an income tax. The credit | 30920 |
provided under division (B)(2) of this section shall not exceed | 30921 |
the amount of tax otherwise due under section 5747.02 of the | 30922 |
Revised Code. | 30923 |
(3) If the credit provided under division (B) of this section | 30924 |
is affected by a change in either the portion of adjusted gross | 30925 |
income of a resident taxpayer subjected to an income tax in | 30926 |
another state or the District of Columbia or the amount of income | 30927 |
tax liability that has been paid to another state or the District | 30928 |
of Columbia, the taxpayer shall report the change to the tax | 30929 |
commissioner within sixty days of the change in such form as the | 30930 |
commissioner requires. | 30931 |
(a) In the case of an underpayment, the report shall be | 30932 |
accompanied by payment of any additional tax due as a result of | 30933 |
the reduction in credit together with interest on the additional | 30934 |
tax and is a return subject to assessment under section 5747.13 of | 30935 |
the Revised Code solely for the purpose of assessing any | 30936 |
additional tax due under this division, together with any | 30937 |
applicable penalty and interest. It shall not reopen the | 30938 |
computation of the taxpayer's tax liability under this chapter | 30939 |
from a previously filed return no longer subject to assessment | 30940 |
except to the extent that such liability is affected by an | 30941 |
adjustment to the credit allowed by division (B) of this section. | 30942 |
(b) In the case of an overpayment, an application for refund | 30943 |
may be filed under this division within the sixty day period | 30944 |
prescribed for filing the report even if it is beyond the period | 30945 |
prescribed in section 5747.11 of the Revised Code if it otherwise | 30946 |
conforms to the requirements of such section. An application filed | 30947 |
under this division shall only claim refund of overpayments | 30948 |
resulting from an adjustment to the credit allowed by division (B) | 30949 |
of this section unless it is also filed within the time prescribed | 30950 |
in section 5747.11 of the Revised Code. It shall not reopen the | 30951 |
computation of the taxpayer's tax liability except to the extent | 30952 |
that such liability is affected by an adjustment to the credit | 30953 |
allowed by division (B) of this section. | 30954 |
(4) No credit shall be allowed under division (B) of this | 30955 |
section | 30956 |
paid or accrued to another state or to the District of Columbia if | 30957 |
the taxpayer, when computing federal adjusted gross income, has | 30958 |
directly or indirectly deducted, or was required to directly or | 30959 |
indirectly deduct, the amount of that income tax | 30960 |
30961 | |
30962 |
(C) For a taxpayer sixty-five years of age or older during | 30963 |
the taxable year, a credit for such year equal to fifty dollars | 30964 |
for each return required to be filed under section 5747.08 of the | 30965 |
Revised Code. | 30966 |
(D) A taxpayer sixty-five years of age or older during the | 30967 |
taxable year who has received a lump-sum distribution from a | 30968 |
pension, retirement, or profit-sharing plan in the taxable year | 30969 |
may elect to receive a credit under this division in lieu of the | 30970 |
credit to which the taxpayer is entitled under division (C) of | 30971 |
this section. A taxpayer making such election shall receive a | 30972 |
credit for the taxable year equal to fifty dollars times the | 30973 |
taxpayer's expected remaining life as shown by annuity tables | 30974 |
issued under the provisions of the Internal Revenue Code and in | 30975 |
effect for the calendar year which includes the last day of the | 30976 |
taxable year. A taxpayer making an election under this division is | 30977 |
not entitled to the credit authorized under division (C) of this | 30978 |
section in subsequent taxable years except that if such election | 30979 |
was made prior to July 1, 1983, the taxpayer is entitled to | 30980 |
one-half the credit authorized under such division in subsequent | 30981 |
taxable years but may not make another election under this | 30982 |
division. | 30983 |
(E) A taxpayer who is not sixty-five years of age or older | 30984 |
during the taxable year who has received a lump-sum distribution | 30985 |
from a pension, retirement, or profit-sharing plan in a taxable | 30986 |
year ending on or before July 31, 1991, may elect to take a credit | 30987 |
against the tax otherwise due under this chapter for such year | 30988 |
equal to fifty dollars times the expected remaining life of a | 30989 |
taxpayer sixty-five years of age as shown by annuity tables issued | 30990 |
under the provisions of the Internal Revenue Code and in effect | 30991 |
for the calendar year which includes the last day of the taxable | 30992 |
year. A taxpayer making an election under this division is not | 30993 |
entitled to a credit under division (C) or (D) of this section in | 30994 |
any subsequent year except that if such election was made prior to | 30995 |
July 1, 1983, the taxpayer is entitled to one-half the credit | 30996 |
authorized under division (C) of this section in subsequent years | 30997 |
but may not make another election under this division. No taxpayer | 30998 |
may make an election under this division for a taxable year ending | 30999 |
on or after August 1, 1991. | 31000 |
(F) A taxpayer making an election under either division (D) | 31001 |
or (E) of this section may make only one such election in the | 31002 |
taxpayer's lifetime. | 31003 |
(G)(1) On a joint return filed by a husband and wife, each of | 31004 |
whom had adjusted gross income of at least five hundred dollars, | 31005 |
exclusive of interest, dividends and distributions, royalties, | 31006 |
rent, and capital gains, a credit equal to the percentage shown in | 31007 |
the table contained in this division of the amount of tax due | 31008 |
after allowing for any other credit that precedes the credit under | 31009 |
this division in the order required under section 5747.98 of the | 31010 |
Revised Code. | 31011 |
(2) The credit to which a taxpayer is entitled under this | 31012 |
division in any taxable year is the percentage shown in column B | 31013 |
that corresponds with the taxpayer's adjusted gross income, less | 31014 |
exemptions for the taxable year: | 31015 |
A. | B. | 31016 |
IF THE ADJUSTED GROSS INCOME, LESS EXEMPTIONS, FOR THE TAX YEAR IS: | THE CREDIT FOR THE TAXABLE YEAR IS: | 31017 |
$25,000 or less | 20% | 31018 | ||
More than $25,000 but not more than $50,000 | 15% | 31019 | ||
More than $50,000 but not more than $75,000 | 10% | 31020 | ||
More than $75,000 | 5% | 31021 |
(3) The credit allowed under this division shall not exceed | 31022 |
six hundred fifty dollars in any taxable year. | 31023 |
(H) No claim for credit under this section shall be allowed | 31024 |
unless the claimant furnishes such supporting information as the | 31025 |
tax commissioner prescribes by rules. Each credit under this | 31026 |
section shall be claimed in the order required under section | 31027 |
5747.98 of the Revised Code. | 31028 |
(I) An individual who is a resident for part of a taxable | 31029 |
year and a nonresident for the remainder of the taxable year is | 31030 |
allowed the credits under divisions (A) and (B) of this section in | 31031 |
accordance with rules prescribed by the tax commissioner. In no | 31032 |
event shall the same income be subject to both credits. | 31033 |
(J) The credit allowed under division (A) of this section | 31034 |
shall be calculated based upon the amount of tax due under section | 31035 |
5747.02 of the Revised Code after subtracting any other credits | 31036 |
that precede the credit under that division in the order required | 31037 |
under section 5747.98 of the Revised Code. The credit allowed | 31038 |
under division (B) of this section shall be calculated based upon | 31039 |
the amount of tax due under section 5747.02 of the Revised Code | 31040 |
after subtracting any other credits that precede the credit under | 31041 |
that division in the order required under section 5747.98 of the | 31042 |
Revised Code. | 31043 |
(K) No credit shall be allowed under division (B) of this | 31044 |
section unless the taxpayer furnishes such proof as the tax | 31045 |
commissioner shall require that the income tax liability has been | 31046 |
paid to another state or the District of Columbia. | 31047 |
(L) No credit shall be allowed under division (B) of this | 31048 |
section for compensation that is not subject to the income tax of | 31049 |
another state or the District of Columbia as the result of an | 31050 |
agreement entered into by the tax commissioner under division | 31051 |
(A)(3) of this section. | 31052 |
Sec. 5747.056. For taxable years beginning in 2005 or | 31053 |
thereafter, a credit shall be allowed per return against the tax | 31054 |
imposed by section 5747.02 of the Revised Code for | 31055 |
31056 | |
adjusted gross income less exemptions | 31057 |
or less. For taxable years beginning in 2005, the credit shall | 31058 |
equal one hundred seven dollars. For taxable years beginning in | 31059 |
2006, the credit shall equal one hundred two dollars. For taxable | 31060 |
years beginning in 2007, the credit shall equal ninety-eight | 31061 |
dollars. For taxable years beginning in 2008, the credit shall | 31062 |
equal ninety-three dollars. For taxable years beginning in 2009 or | 31063 |
thereafter, the credit shall equal eighty-eight dollars. The | 31064 |
credit shall be claimed in the order required under section | 31065 |
5747.98 of the Revised Code. | 31066 |
Sec. 5747.11. (A) The tax commissioner shall refund to | 31067 |
employers, qualifying entities, or taxpayers, with respect to any | 31068 |
tax imposed under section 5733.41, 5747.02, or 5747.41, or Chapter | 31069 |
5748. of the Revised Code: | 31070 |
(1) Overpayments of more than one dollar; | 31071 |
(2) Amounts in excess of one dollar paid illegally or | 31072 |
erroneously; | 31073 |
(3) Amounts in excess of one dollar paid on an illegal, | 31074 |
erroneous, or excessive assessment. | 31075 |
(B) Except as otherwise provided under divisions (D) and (E) | 31076 |
of this section, applications for refund shall be filed with the | 31077 |
tax commissioner, on the form prescribed by the commissioner, | 31078 |
within four years from the date of the illegal, erroneous, or | 31079 |
excessive payment of the tax, or within any additional period | 31080 |
allowed by division (B)(3)(b) of section 5747.05, division (B) of | 31081 |
section 5747.10, division (A) of section 5747.13, or division (C) | 31082 |
of section 5747.45 of the Revised Code. | 31083 |
On filing of the refund application, the commissioner shall | 31084 |
determine the amount of refund due and certify such amount to the | 31085 |
director of budget and management and treasurer of state for | 31086 |
payment from the tax refund fund created by section 5703.052 of | 31087 |
the Revised Code. Payment shall be made as provided in division | 31088 |
(C) of
section | 31089 |
(C)(1) Interest shall be allowed and paid upon any illegal or | 31090 |
erroneous assessment in excess of one dollar in respect of the tax | 31091 |
imposed under section 5747.02 or Chapter 5748. of the Revised Code | 31092 |
at the rate per annum prescribed by section 5703.47 of the Revised | 31093 |
Code from the date of the payment of the illegal or erroneous | 31094 |
assessment until the date the refund of such amount is paid. If | 31095 |
such refund results from the filing of a return or report, or the | 31096 |
payment accompanying such return or report, by an employer or | 31097 |
taxpayer, rather than from an assessment by the commissioner, such | 31098 |
interest shall run from a period ninety days after the final | 31099 |
filing date of the annual return until the date the refund is | 31100 |
paid. | 31101 |
(2) Interest shall be allowed and paid at the rate per annum | 31102 |
prescribed by section 5703.47 of the Revised Code upon any | 31103 |
overpayment in excess of one dollar in respect of the tax imposed | 31104 |
under section 5747.02 or Chapter 5748. of the Revised Code from | 31105 |
the date of the overpayment until the date of the refund of the | 31106 |
overpayment, except that if any overpayment is refunded within | 31107 |
ninety days after the final filing date of the annual return or | 31108 |
ninety days after the return is filed, whichever is later, no | 31109 |
interest shall be allowed on such overpayment. If the overpayment | 31110 |
results from the carryback of a net operating loss or net capital | 31111 |
loss to a previous taxable year, the overpayment is deemed not to | 31112 |
have been made prior to the filing date, including any extension | 31113 |
thereof, for the taxable year in which the net operating loss or | 31114 |
net capital loss arises. For purposes of the payment of interest | 31115 |
on overpayments, no amount of tax, for any taxable year, shall be | 31116 |
treated as having been paid before the date on which the tax | 31117 |
return for that year was due without regard to any extension of | 31118 |
time for filing such return. | 31119 |
(3) Interest shall be allowed at the rate per annum | 31120 |
prescribed by section 5703.47 of the Revised Code on amounts | 31121 |
refunded with respect to the taxes imposed under sections 5733.41 | 31122 |
and 5747.41 of the Revised Code. The interest shall run from | 31123 |
whichever of the following days is the latest until the day the | 31124 |
refund is paid: the day the illegal, erroneous, or excessive | 31125 |
payment was made; the ninetieth day after the final day the annual | 31126 |
report was required to be filed under section 5747.42 of the | 31127 |
Revised Code; or the ninetieth day after the day that report was | 31128 |
filed. | 31129 |
(D) "Ninety days" shall be substituted for "four years" in | 31130 |
division (B) of this section if the taxpayer satisfies both of the | 31131 |
following conditions: | 31132 |
(1) The taxpayer has applied for a refund based in whole or | 31133 |
in part upon section 5747.059 of the Revised Code; | 31134 |
(2) The taxpayer asserts that either the imposition or | 31135 |
collection of the tax imposed or charged by this chapter or any | 31136 |
portion of such tax violates the Constitution of the United States | 31137 |
or the Constitution of Ohio. | 31138 |
(E)(1) Division (E)(2) of this section applies only if all of | 31139 |
the following conditions are satisfied: | 31140 |
(a) A qualifying entity pays an amount of the tax imposed by | 31141 |
section 5733.41 or 5747.41 of the Revised Code; | 31142 |
(b) The taxpayer is a qualifying investor as to that | 31143 |
qualifying entity; | 31144 |
(c) The taxpayer did not claim the credit provided for in | 31145 |
section 5747.059 of the Revised Code as to the tax described in | 31146 |
division (E)(1)(a) of this section; | 31147 |
(d) The four-year period described in division (B) of this | 31148 |
section has ended as to the taxable year for which the taxpayer | 31149 |
otherwise would have claimed that credit. | 31150 |
(2) A taxpayer shall file an application for refund pursuant | 31151 |
to division (E) of this section within one year after the date the | 31152 |
payment described in division (E)(1)(a) of this section is made. | 31153 |
An application filed under division (E)(2) of this section shall | 31154 |
claim refund only of overpayments resulting from the taxpayer's | 31155 |
failure to claim the credit described in division (E)(1)(c) of | 31156 |
this section. Nothing in division (E) of this section shall be | 31157 |
construed to relieve a taxpayer from complying with division | 31158 |
(A)(16) of section 5747.01 of the Revised Code. | 31159 |
Sec. 5747.331. (A) As used in this section: | 31160 |
(1) "Borrower" means any person that receives a loan from the | 31161 |
director of development under section 166.21 of the Revised Code, | 31162 |
regardless of whether the borrower is subject to the tax imposed | 31163 |
by section 5747.02 of the Revised Code. | 31164 |
(2) "Related member" has the same meaning as in section | 31165 |
5733.042 of the Revised Code. | 31166 |
(3) "Qualified research and development loan payments" has | 31167 |
the same meaning as in division (D) of section 166.21 of the | 31168 |
Revised Code. | 31169 |
(B) Beginning with taxable year 2003 and ending with taxable | 31170 |
years beginning in 2007, a nonrefundable credit is allowed against | 31171 |
the tax imposed by section 5747.02 of the Revised Code equal to a | 31172 |
borrower's qualified research and development loan payments made | 31173 |
during the calendar year that includes the last day of the taxable | 31174 |
year for which the credit is claimed. The amount of the credit for | 31175 |
a taxable year shall not exceed one hundred fifty thousand | 31176 |
dollars. No taxpayer is entitled to claim a credit under this | 31177 |
section unless it has obtained a certificate issued by the | 31178 |
director of development under division (D) of section 166.21 of | 31179 |
the Revised Code and submits a copy of the certificate with its | 31180 |
report for the taxable year. Failure to submit a copy of the | 31181 |
certificate with the report does not invalidate a claim for a | 31182 |
credit if the taxpayer submits a copy of the certificate within | 31183 |
sixty days after the tax commissioner requests it. The credit | 31184 |
shall be claimed in the order required under section 5747.98 of | 31185 |
the Revised Code. The credit, to the extent it exceeds the | 31186 |
taxpayer's tax liability for the taxable year after allowance for | 31187 |
any other credits that precede the credit under this section in | 31188 |
that order, shall be carried forward to the next succeeding | 31189 |
taxable year or years until fully used. Any credit not fully | 31190 |
utilized by the taxable year beginning in 2007 may be carried | 31191 |
forward and applied against the tax levied by Chapter 5751. of the | 31192 |
Revised Code to the extent allowed by section 5751.52 of the | 31193 |
Revised Code. | 31194 |
(C) A borrower entitled to a credit under this section may | 31195 |
assign the credit, or a portion thereof, to any of the following: | 31196 |
(1) A related member of that borrower; | 31197 |
(2) The owner or lessee of the eligible research and | 31198 |
development project; | 31199 |
(3) A related member of the owner or lessee of the eligible | 31200 |
research and development project. | 31201 |
A borrower making an assignment under this division shall | 31202 |
provide written notice of the assignment to the tax commissioner | 31203 |
and the director of development, in such form as the tax | 31204 |
commissioner prescribes, before the credit that was assigned is | 31205 |
used. The assignor may not claim the credit to the extent it was | 31206 |
assigned to an assignee. The assignee may claim the credit only to | 31207 |
the extent the assignor has not claimed it. | 31208 |
(D) If any taxpayer is a shareholder in an S corporation, a | 31209 |
partner in a partnership, or a member in a limited liability | 31210 |
company treated as a partnership for federal income tax purposes, | 31211 |
the taxpayer shall be allowed the taxpayer's distributive or | 31212 |
proportionate share of the credit available through the S | 31213 |
corporation, partnership, or limited liability company. | 31214 |
(E) The aggregate credit against the taxes imposed by | 31215 |
sections 5733.06, 5733.065, 5733.066, and 5747.02 of the Revised | 31216 |
Code that may be claimed under this section and section 5733.352 | 31217 |
of the Revised Code by a borrower as a result of qualified | 31218 |
research and development loan payments attributable during a | 31219 |
calendar year to any one loan shall not exceed one hundred fifty | 31220 |
thousand dollars. | 31221 |
Sec. 5748.01. As used in this chapter: | 31222 |
(A) "School district income tax" means an income tax adopted | 31223 |
under one of the following: | 31224 |
(1) Former section 5748.03 of the Revised Code as it existed | 31225 |
prior to its repeal by Amended Substitute House Bill No. 291 of | 31226 |
the 115th general assembly; | 31227 |
(2) Section 5748.03 of the Revised Code as enacted in | 31228 |
Substitute Senate Bill No. 28 of the 118th general assembly; | 31229 |
(3) Section 5748.08 of the Revised Code as enacted in Amended | 31230 |
Substitute Senate Bill No. 17 of the 122nd general assembly. | 31231 |
(B) "Individual" means an individual subject to the tax | 31232 |
levied by section 5747.02 of the Revised Code. | 31233 |
(C) "Estate" means an estate subject to the tax levied by | 31234 |
section 5747.02 of the Revised Code. | 31235 |
(D) "Taxable year" means a taxable year as defined in | 31236 |
division (M) of section 5747.01 of the Revised Code. | 31237 |
(E) "Taxable income" means: | 31238 |
(1) In the case of an individual, one of the following, as | 31239 |
specified in the resolution imposing the tax: | 31240 |
(a) Ohio adjusted gross income for the taxable year as | 31241 |
defined in division (A) of section 5747.01 of the Revised Code, | 31242 |
less the exemptions provided by section 5747.02 of the Revised | 31243 |
Code, and less military pay and allowances the deduction of which | 31244 |
has been authorized pursuant to section 5748.011 of the Revised | 31245 |
Code; | 31246 |
(b) Wages, salaries, tips, and other employee compensation to | 31247 |
the extent included in Ohio adjusted gross income as defined in | 31248 |
section 5747.01 of the Revised Code, less military pay and | 31249 |
allowances the deduction of which has been authorized pursuant to | 31250 |
section 5748.011 of the Revised Code, and net earnings from | 31251 |
self-employment, as defined in section 1402(a) of the Internal | 31252 |
Revenue Code, to the extent included in Ohio adjusted gross | 31253 |
income. | 31254 |
(2) In the case of an estate, taxable income for the taxable | 31255 |
year as defined in division (S) of section 5747.01 of the Revised | 31256 |
Code. | 31257 |
(F) Except as provided in section 5747.25 of the Revised | 31258 |
Code, "resident" of the school district means: | 31259 |
(1) An individual who is a resident of this state as defined | 31260 |
in division (I) of section 5747.01 of the Revised Code during all | 31261 |
or a portion of the taxable year and who, during all or a portion | 31262 |
of such period of state residency, is domiciled in the school | 31263 |
district or lives in and maintains a permanent place of abode in | 31264 |
the school district; | 31265 |
(2) An estate of a decedent who, at the time of death, was | 31266 |
domiciled in the school district. | 31267 |
(G) "School district income" means: | 31268 |
(1) With respect to an individual, the portion of the taxable | 31269 |
income of an individual that is received by the individual during | 31270 |
the portion of the taxable year that the individual is a resident | 31271 |
of the school district and the school district income tax is in | 31272 |
effect in that school district. An individual may have school | 31273 |
district income with respect to more than one school district. | 31274 |
(2) With respect to an estate, the taxable income of the | 31275 |
estate for the portion of the taxable year that the school | 31276 |
district income tax is in effect in that school district. | 31277 |
(H) "Taxpayer" means an individual or estate having school | 31278 |
district income upon which a school district income tax is | 31279 |
imposed. | 31280 |
(I) "School district purposes" means any of the purposes for | 31281 |
which a tax may be levied pursuant to section 5705.21 of the | 31282 |
Revised Code. | 31283 |
Sec. 5748.011. The board of education of a school district | 31284 |
that levies a school district income tax under this chapter may, | 31285 |
by resolution, authorize individuals to deduct, in computing an | 31286 |
individual's taxable income under section 5748.01 of the Revised | 31287 |
Code, military pay and allowances received by the individual | 31288 |
during the taxable year for service in the United States army, air | 31289 |
force, navy, marine corps, or coast guard or reserve components | 31290 |
thereof or the national guard if the military pay and allowances | 31291 |
were received by the individual while the individual was stationed | 31292 |
outside this state. A deduction authorized pursuant to this | 31293 |
section may be claimed only to the extent the military pay and | 31294 |
allowances are included in an individual's federal adjusted gross | 31295 |
income, as defined and used in the Internal Revenue Code, and are | 31296 |
not otherwise allowable as a deduction or exclusion in computing | 31297 |
the individual's federal or Ohio adjusted gross income for the | 31298 |
taxable year as defined in section 5747.01 of the Revised Code. A | 31299 |
copy of the resolution shall be provided to the tax commissioner | 31300 |
upon its adoption. A resolution authorizing the deduction shall | 31301 |
specify the taxable year with respect to which the deduction first | 31302 |
applies, provided that the deduction cannot apply with respect to | 31303 |
any taxable year that commences sooner than seventy-five days | 31304 |
after the date on which the tax commissioner receives the | 31305 |
resolution. | 31306 |
Sec. 5748.02. (A) The board of education of any school | 31307 |
district, except a joint vocational school district, may declare, | 31308 |
by resolution, the necessity of raising annually a specified | 31309 |
amount of money for school district purposes. The resolution shall | 31310 |
specify whether the income that is to be subject to the tax is | 31311 |
taxable income of individuals and estates as defined in divisions | 31312 |
(E)(1)(a) and (2) of section 5748.01 of the Revised Code or | 31313 |
taxable income of individuals as defined in division (E)(1)(b) of | 31314 |
that section. A copy of the resolution shall be certified to the | 31315 |
tax commissioner no later than eighty-five days prior to the date | 31316 |
of the election at which the board intends to propose a levy under | 31317 |
this section. Upon receipt of the copy of the resolution, the tax | 31318 |
commissioner shall estimate both of the following: | 31319 |
(1) The property tax rate that would have to be imposed in | 31320 |
the current year by the district to produce an equivalent amount | 31321 |
of money; | 31322 |
(2) The income tax rate that would have had to have been in | 31323 |
effect for the current year to produce an equivalent amount of | 31324 |
money from a school district income tax. | 31325 |
Within ten days of receiving the copy of the board's | 31326 |
resolution, the commissioner shall prepare these estimates and | 31327 |
certify them to the board. Upon receipt of the certification, the | 31328 |
board may adopt a resolution proposing an income tax under | 31329 |
division (B) of this section at the estimated rate contained in | 31330 |
the certification rounded to the nearest one-fourth of one per | 31331 |
cent. The commissioner's certification applies only to the board's | 31332 |
proposal to levy an income tax at the election for which the board | 31333 |
requested the certification. If the board intends to submit a | 31334 |
proposal to levy an income tax at any other election, it shall | 31335 |
request another certification for that election in the manner | 31336 |
prescribed in this division. | 31337 |
(B)(1) Upon the receipt of a certification from the tax | 31338 |
commissioner under division (A) of this section, a majority of the | 31339 |
members of a board of education may adopt a resolution proposing | 31340 |
the levy of an annual tax for school district purposes on school | 31341 |
district income. The proposed levy may be for a continuing period | 31342 |
of time or for a specified number of years. The resolution shall | 31343 |
set forth the purpose for which the tax is to be imposed, the rate | 31344 |
of the tax, which shall be the rate set forth in the | 31345 |
commissioner's certification rounded to the nearest one-fourth of | 31346 |
one per cent, the number of years the tax will be levied or that | 31347 |
it will be levied for a continuing period of time, the date on | 31348 |
which the tax shall take effect, which shall be the first day of | 31349 |
January of any year following the year in which the question is | 31350 |
submitted, and the date of the election at which the proposal | 31351 |
shall be submitted to the electors of the district, which shall be | 31352 |
on the date of a primary, general, or special election the date of | 31353 |
which is consistent with section 3501.01 of the Revised Code. The | 31354 |
resolution shall specify whether the income that is to be subject | 31355 |
to the tax is taxable income of individuals and estates as defined | 31356 |
in divisions (E)(1)(a) and (2) of section 5748.01 of the Revised | 31357 |
Code or taxable income of individuals as defined in division | 31358 |
(E)(1)(b) of that section. The specification shall be the same as | 31359 |
the specification in the resolution adopted and certified under | 31360 |
division (A) of this section. If the board of education currently | 31361 |
imposes an income tax pursuant to this chapter that is due to | 31362 |
expire and a question is submitted under this section for a | 31363 |
proposed income tax to take effect upon the expiration of the | 31364 |
existing tax, the board may specify in the resolution that the | 31365 |
proposed tax renews the expiring tax and is not an additional | 31366 |
income tax, provided that the tax rate being proposed is no higher | 31367 |
than the tax rate that is currently imposed. | 31368 |
(2) A board of education adopting a resolution under division | 31369 |
(B)(1) of this section proposing a school district income tax for | 31370 |
a continuing period of time and limited to the purpose of current | 31371 |
expenses may propose in that resolution to reduce the rate or | 31372 |
rates of one or more of the school district's property taxes | 31373 |
levied for a continuing period of time in excess of the ten-mill | 31374 |
limitation for the purpose of current expenses. The reduction in | 31375 |
the rate of a property tax may be any amount, expressed in mills | 31376 |
per one dollar in valuation, not exceeding the rate at which the | 31377 |
tax is authorized to be levied. The reduction in the rate of a tax | 31378 |
shall first take effect for the tax year that includes the day on | 31379 |
which the school district income tax first takes effect, and shall | 31380 |
continue for each tax year that both the school district income | 31381 |
tax and the property tax levy are in effect. | 31382 |
In addition to the matters required to be set forth in the | 31383 |
resolution under division (B)(1) of this section, a resolution | 31384 |
containing a proposal to reduce the rate of one or more property | 31385 |
taxes shall state for each such tax the maximum rate at which it | 31386 |
currently may be levied and the maximum rate at which the tax | 31387 |
could be levied after the proposed reduction, expressed in mills | 31388 |
per one dollar in valuation, and that the tax is levied for a | 31389 |
continuing period of time. | 31390 |
If a board of education proposes to reduce the rate of one or | 31391 |
more property taxes under division (B)(2) of this section, the | 31392 |
board, when it makes the certification required under division (A) | 31393 |
of this section, shall designate the specific levy or levies to be | 31394 |
reduced, the maximum rate at which each levy currently is | 31395 |
authorized to be levied, and the rate by which each levy is | 31396 |
proposed to be reduced. The tax commissioner, when making the | 31397 |
certification to the board under division (A) of this section, | 31398 |
also shall certify the reduction in the total effective tax rate | 31399 |
for current expenses for each class of property that would have | 31400 |
resulted if the proposed reduction in the rate or rates had been | 31401 |
in effect the previous tax year. As used in this paragraph, | 31402 |
"effective tax rate" has the same meaning as in section 323.08 of | 31403 |
the Revised Code. | 31404 |
(C) A resolution adopted under division (B) of this section | 31405 |
shall go into immediate effect upon its passage, and no | 31406 |
publication of the resolution shall be necessary other than that | 31407 |
provided for in the notice of election. Immediately after its | 31408 |
adoption and at least seventy-five days prior to the election at | 31409 |
which the question will appear on the ballot, a copy of the | 31410 |
resolution shall be certified to the board of elections of the | 31411 |
proper county, which shall submit the proposal to the electors on | 31412 |
the date specified in the resolution. The form of the ballot shall | 31413 |
be as provided in section 5748.03 of the Revised Code. Publication | 31414 |
of notice of the election shall be made in one or more newspapers | 31415 |
of general circulation in the county once a week for four | 31416 |
consecutive weeks. The notice shall contain the time and place of | 31417 |
the election and the question to be submitted to the electors. The | 31418 |
question covered by the resolution shall be submitted as a | 31419 |
separate proposition, but may be printed on the same ballot with | 31420 |
any other proposition submitted at the same election, other than | 31421 |
the election of officers. | 31422 |
(D) No board of education shall submit the question of a tax | 31423 |
on school district income to the electors of the district more | 31424 |
than twice in any calendar year. If a board submits the question | 31425 |
twice in any calendar year, one of the elections on the question | 31426 |
shall be held on the date of the general election. | 31427 |
(E)(1) No board of education may submit to the electors of | 31428 |
the district the question of a tax on school district income on | 31429 |
the taxable income of individuals as defined in division (E)(1)(b) | 31430 |
of section 5748.01 of the Revised Code if that tax would be in | 31431 |
addition to an existing tax on the taxable income of individuals | 31432 |
and estates as defined in divisions (E)(1)(a) and (2) of that | 31433 |
section. | 31434 |
(2) No board of education may submit to the electors of the | 31435 |
district the question of a tax on school district income on the | 31436 |
taxable income of individuals and estates as defined in divisions | 31437 |
(E)(1)(a) and (2) of section 5748.01 of the Revised Code if that | 31438 |
tax would be in addition to an existing tax on the taxable income | 31439 |
of individuals as defined in division (E)(1)(b) of that section. | 31440 |
Sec. 5751.01. As used in this chapter: | 31441 |
(A) "Person" means, but is not limited to, individuals, | 31442 |
combinations of individuals of any form, receivers, assignees, | 31443 |
trustees in bankruptcy, firms, companies, joint-stock companies, | 31444 |
business trusts, estates, partnerships, limited liability | 31445 |
partnerships, limited liability companies, associations, joint | 31446 |
ventures, clubs, societies, for-profit corporations, S | 31447 |
corporations, qualified subchapter S subsidiaries, qualified | 31448 |
subchapter S trusts, trusts, entities that are disregarded for | 31449 |
federal income tax purposes, and any other entities. "Person" does | 31450 |
not include nonprofit organizations or the state, its agencies, | 31451 |
its instrumentalities, and its political subdivisions. | 31452 |
(B) "Consolidated elected taxpayer" means a group of two or | 31453 |
more persons treated as a single taxpayer for purposes of this | 31454 |
chapter as the result of an election made under section 5751.011 | 31455 |
of the Revised Code. | 31456 |
(C) "Combined taxpayer" means a group of two or more persons | 31457 |
treated as a single taxpayer for purposes of this chapter under | 31458 |
section 5751.012 of the Revised Code. | 31459 |
(D) "Taxpayer" means any person, or any group of persons in | 31460 |
the case of a consolidated elected taxpayer or combined taxpayer | 31461 |
treated as one taxpayer, required to register or pay tax under | 31462 |
this chapter. "Taxpayer" does not include excluded persons. | 31463 |
(E) "Excluded person" means any of the following: | 31464 |
(1) Any person with not more than one hundred fifty thousand | 31465 |
dollars of taxable gross receipts during the calendar year. | 31466 |
Division (E)(1) of this section does not apply to a person that is | 31467 |
a member of a group that is a consolidated elected taxpayer or a | 31468 |
combined taxpayer; | 31469 |
(2) A public utility that paid the excise tax imposed by | 31470 |
section 5727.24 or 5727.30 of the Revised Code based on one or | 31471 |
more measurement periods that include the entire tax period under | 31472 |
this chapter, except that a public utility that is a combined | 31473 |
company is a taxpayer with regard to the following gross receipts: | 31474 |
(a) Taxable gross receipts directly attributed to a public | 31475 |
utility activity, but not directly attributed to an activity that | 31476 |
is subject to the excise tax imposed by section 5727.24 or 5727.30 | 31477 |
of the Revised Code; | 31478 |
(b) Taxable gross receipts that cannot be directly attributed | 31479 |
to any activity, multiplied by a fraction whose numerator is the | 31480 |
taxable gross receipts described in division (E)(2)(a) of this | 31481 |
section and whose denominator is the total taxable gross receipts | 31482 |
that can be directly attributed to any activity; | 31483 |
(c) Except for any differences resulting from the use of an | 31484 |
accrual basis method of accounting for purposes of determining | 31485 |
gross receipts under this chapter and the use of the cash basis | 31486 |
method of accounting for purposes of determining gross receipts | 31487 |
under section 5727.24 of the Revised Code, the gross receipts | 31488 |
directly attributed to the activity of a natural gas company shall | 31489 |
be determined in a manner consistent with division (D) of section | 31490 |
5727.03 of the Revised Code. | 31491 |
As used in division (E)(2) of this section, "combined | 31492 |
company" and "public utility" have the same meanings as in section | 31493 |
5727.01 of the Revised Code. | 31494 |
(3) A financial institution, as defined in section 5725.01 of | 31495 |
the Revised Code, that paid the corporation franchise tax charged | 31496 |
by division (D) of section 5733.06 of the Revised Code based on | 31497 |
one or more taxable years that include the entire tax period under | 31498 |
this chapter; | 31499 |
(4) A dealer in intangibles, as defined in section 5725.01 of | 31500 |
the Revised Code, that paid the dealer in intangibles tax levied | 31501 |
by division (D) of section 5707.03 of the Revised Code based on | 31502 |
one or more measurement periods that include the entire tax period | 31503 |
under this chapter; | 31504 |
(5) A financial holding company as defined in the "Bank | 31505 |
Holding Company Act," 12 U.S.C. 1841(p); | 31506 |
(6) A bank holding company as defined in the "Bank Holding | 31507 |
Company Act," 12 U.S.C. 1841(a); | 31508 |
(7) A savings and loan holding company as defined in the | 31509 |
"Home Owners Loan Act," 12 U.S.C. 1467a(a)(1)(D) that is engaging | 31510 |
only in activities or investments permissible for a financial | 31511 |
holding company under 12 U.S.C. 1843(k); | 31512 |
(8) A person directly or indirectly owned by one or more | 31513 |
financial institutions, financial holding companies, bank holding | 31514 |
companies, or savings and loan holding companies described in | 31515 |
division (E)(3), (5), (6), or (7) of this section that is engaged | 31516 |
in activities permissible for a financial holding company under 12 | 31517 |
U.S.C. 1843(k), except that any such person held pursuant to | 31518 |
merchant banking authority under 12 U.S.C. 1843(k)(4)(H) or 12 | 31519 |
U.S.C. 1843(k)(4)(I) is not an excluded person, or a person | 31520 |
directly or indirectly owned by one or more insurance companies | 31521 |
described in division (E)(9) of this section that is authorized to | 31522 |
do the business of insurance in this state. | 31523 |
For the purposes of division (E)(8) of this section, a person | 31524 |
owns another person under the following circumstances: | 31525 |
(a) In the case of corporations issuing capital stock, one | 31526 |
corporation owns another corporation if it owns fifty per cent or | 31527 |
more of the other corporation's capital stock with current voting | 31528 |
rights; | 31529 |
(b) In the case of a limited liability company, one person | 31530 |
owns the company if that person's membership interest, as defined | 31531 |
in section 1705.01 of the Revised Code, is fifty per cent or more | 31532 |
of the combined membership interests of all persons owning such | 31533 |
interests in the company; | 31534 |
(c) In the case of a partnership, trust, or other | 31535 |
unincorporated business organization other than a limited | 31536 |
liability company, one person owns the organization if, under the | 31537 |
articles of organization or other instrument governing the affairs | 31538 |
of the organization, that person has a beneficial interest in the | 31539 |
organization's profits, surpluses, losses, or distributions of | 31540 |
fifty per cent or more of the combined beneficial interests of all | 31541 |
persons having such an interest in the organization; | 31542 |
(d) In the case of multiple ownership, the ownership | 31543 |
interests of more than one person may be aggregated to meet the | 31544 |
fifty per cent ownership tests in this division only when each | 31545 |
such owner is described in division (E)(3), (5), (6), or (7) of | 31546 |
this section and is engaged in activities permissible for a | 31547 |
financial holding company under 12 U.S.C. 1843(k) or is a person | 31548 |
directly or indirectly owned by one or more insurance companies | 31549 |
described in division (E)(9) of this section that is authorized to | 31550 |
do the business of insurance in this state; | 31551 |
(9) A domestic insurance company or foreign insurance | 31552 |
company, as defined in section 5725.01 of the Revised Code, that | 31553 |
paid the insurance company premiums tax imposed by section 5725.18 | 31554 |
or Chapter 5729. of the Revised Code based on one or more | 31555 |
measurement periods that include the entire tax period under this | 31556 |
chapter; | 31557 |
(10) A person that solely facilitates or services one or more | 31558 |
securitizations or similar transactions for any person described | 31559 |
in division (E)(3), (5), (6), (7), (8), or (9) of this section. | 31560 |
For purposes of this division, "securitization" means transferring | 31561 |
one or more assets to one or more persons and then issuing | 31562 |
securities backed by the right to receive payment from the asset | 31563 |
or assets so transferred. | 31564 |
(11) Except as otherwise provided in this division, a | 31565 |
pre-income tax trust as defined in division (FF)(4) of section | 31566 |
5747.01 of the Revised Code and any pass-through entity of which | 31567 |
such pre-income tax trust owns or controls, directly, indirectly, | 31568 |
or constructively through related interests, more than five per | 31569 |
cent of the ownership or equity interests. If the pre-income tax | 31570 |
trust has made a qualifying pre-income tax trust election under | 31571 |
division (FF)(3) of section 5747.01 of the Revised Code, then the | 31572 |
trust and the pass-through entities of which it owns or controls, | 31573 |
directly, indirectly, or constructively through related interests, | 31574 |
more than five per cent of the ownership or equity interests, | 31575 |
shall not be excluded persons for purposes of the tax imposed | 31576 |
under section 5751.02 of the Revised Code. | 31577 |
(F) Except as otherwise provided in divisions (F)(2), (3), | 31578 |
and (4) | 31579 |
amount realized by a person, without deduction for the cost of | 31580 |
goods sold or other expenses incurred, that contributes to the | 31581 |
production of gross income of the person, including the fair | 31582 |
market value of any property and any services received, and any | 31583 |
debt transferred or forgiven as consideration. | 31584 |
(1) The following are examples of gross receipts: | 31585 |
(a) Amounts realized from the sale, exchange, or other | 31586 |
disposition of the taxpayer's property to or with another; | 31587 |
(b) Amounts realized from the taxpayer's performance of | 31588 |
services for another; | 31589 |
(c) Amounts realized from another's use or possession of the | 31590 |
taxpayer's property or capital; | 31591 |
(d) Any combination of the foregoing amounts. | 31592 |
(2) "Gross receipts" excludes the following amounts: | 31593 |
(a) Interest income except interest on credit sales; | 31594 |
(b) Dividends and distributions from corporations, and | 31595 |
distributive or proportionate shares of receipts and income from a | 31596 |
pass-through entity as defined under section 5733.04 of the | 31597 |
Revised Code; | 31598 |
(c) Receipts from the sale, exchange, or other disposition of | 31599 |
an asset described in section 1221 or 1231 of the Internal Revenue | 31600 |
Code, without regard to the length of time the person held the | 31601 |
asset; | 31602 |
(d) Proceeds received attributable to the repayment, | 31603 |
maturity, or redemption of the principal of a loan, bond, mutual | 31604 |
fund, certificate of deposit, or marketable instrument; | 31605 |
(e) The principal amount received under a repurchase | 31606 |
agreement or on account of any transaction properly characterized | 31607 |
as a loan to the person; | 31608 |
(f) Contributions received by a trust, plan, or other | 31609 |
arrangement, any of which is described in section 501(a) of the | 31610 |
Internal Revenue Code, or to which Title 26, Subtitle A, Chapter | 31611 |
1, Subchapter (D) of the Internal Revenue Code applies; | 31612 |
(g) Compensation, whether current or deferred, and whether in | 31613 |
cash or in kind, received or to be received by an employee, former | 31614 |
employee, or the employee's legal successor for services rendered | 31615 |
to or for an employer, including reimbursements received by or for | 31616 |
an individual for medical or education expenses, health insurance | 31617 |
premiums, or employee expenses, or on account of a dependent care | 31618 |
spending account, legal services plan, any cafeteria plan | 31619 |
described in section 125 of the Internal Revenue Code, or any | 31620 |
similar employee reimbursement; | 31621 |
(h) Proceeds received from the issuance of the taxpayer's own | 31622 |
stock, options, warrants, puts, or calls, or from the sale of the | 31623 |
taxpayer's treasury stock; | 31624 |
(i) Proceeds received on the account of payments from life | 31625 |
insurance policies; | 31626 |
(j) Gifts or charitable contributions received, membership | 31627 |
dues received, and payments received for educational courses, | 31628 |
meetings, meals, or similar payments to a trade, professional, or | 31629 |
other similar association; fundraising receipts received by any | 31630 |
person when any excess receipts are donated or used exclusively | 31631 |
for charitable purposes; and proceeds received by a nonprofit | 31632 |
organization including proceeds realized with regard to its | 31633 |
unrelated business taxable income; | 31634 |
(k) Damages received as the result of litigation in excess of | 31635 |
amounts that, if received without litigation, would be gross | 31636 |
receipts; | 31637 |
(l) Property, money, and other amounts received or acquired | 31638 |
by an agent on behalf of another in excess of the agent's | 31639 |
commission, fee, or other remuneration; | 31640 |
(m) Tax refunds | 31641 |
reimbursements for the tax imposed under this chapter made by | 31642 |
entities that are part of the same combined taxpayer or | 31643 |
consolidated elected taxpayer group, and reimbursements made by | 31644 |
entities that are not members of a combined taxpayer or | 31645 |
consolidated elected taxpayer group that are required to be made | 31646 |
for economic parity among multiple owners of an entity whose tax | 31647 |
obligation under this chapter is required to be reported and paid | 31648 |
entirely by one owner, pursuant to the requirements of sections | 31649 |
5751.011 and 5751.012 of the Revised Code; | 31650 |
(n) Pension reversions; | 31651 |
(o) Contributions to capital; | 31652 |
(p) Sales or use taxes collected as a vendor or an | 31653 |
out-of-state seller on behalf of the taxing jurisdiction from a | 31654 |
consumer or other taxes the taxpayer is required by law to collect | 31655 |
directly from a purchaser and remit to a local, state, or federal | 31656 |
tax authority; | 31657 |
(q) In the case of receipts from the sale of cigarettes or | 31658 |
tobacco products by a wholesale dealer, retail dealer, | 31659 |
distributor, manufacturer, or seller, all as defined in section | 31660 |
5743.01 of the Revised Code, an amount equal to the federal and | 31661 |
state excise taxes paid by any person on or for such cigarettes or | 31662 |
tobacco products under subtitle E of the Internal Revenue Code or | 31663 |
Chapter 5743. of the Revised Code; | 31664 |
(r) In the case of receipts from the sale of motor fuel by a | 31665 |
licensed motor fuel dealer, licensed retail dealer, or licensed | 31666 |
permissive motor fuel dealer, all as defined in section 5735.01 of | 31667 |
the Revised Code, an amount equal to federal and state excise | 31668 |
taxes paid by any person on such motor fuel under section 4081 of | 31669 |
the Internal Revenue Code or Chapter 5735. of the Revised Code; | 31670 |
(s) In the case of receipts from the sale of beer or | 31671 |
intoxicating liquor, as defined in section 4301.01 of the Revised | 31672 |
Code, by a person holding a permit issued under Chapter 4301. or | 31673 |
4303. of the Revised Code, an amount equal to federal and state | 31674 |
excise taxes paid by any person on or for such beer or | 31675 |
intoxicating liquor under subtitle E of the Internal Revenue Code | 31676 |
or Chapter 4301. or 4305. of the Revised Code; | 31677 |
(t) Receipts realized by a new motor vehicle dealer or used | 31678 |
motor vehicle dealer, as defined in section 4517.01 of the Revised | 31679 |
Code, from the sale or other transfer of a motor vehicle, as | 31680 |
defined in that section, to another motor vehicle dealer for the | 31681 |
purpose of resale by the transferee motor vehicle dealer, but only | 31682 |
if the sale or other transfer was based upon the transferee's need | 31683 |
to meet a specific customer's preference for a motor vehicle; | 31684 |
(u) Receipts from a financial institution described in | 31685 |
division (E)(3) of this section for services provided to the | 31686 |
financial institution in connection with the issuance, processing, | 31687 |
servicing, and management of loans or credit accounts, if such | 31688 |
financial institution and the recipient of such receipts have at | 31689 |
least fifty per cent of their ownership interests owned or | 31690 |
controlled, directly or constructively through related interests, | 31691 |
by common owners; | 31692 |
(v) Receipts realized from administering anti-neoplastic | 31693 |
drugs and other cancer chemotherapy, biologicals, therapeutic | 31694 |
agents, and supportive drugs in a physician's office to patients | 31695 |
with cancer; | 31696 |
(w) Funds received or used by a mortgage broker that is not a | 31697 |
dealer in intangibles, other than fees or other consideration, | 31698 |
pursuant to a table-funding mortgage loan or warehouse-lending | 31699 |
mortgage loan. Terms used in division (F)(2) | 31700 |
have the same meanings as in section 1322.01 of the Revised Code, | 31701 |
except "mortgage broker" means a person assisting a buyer in | 31702 |
obtaining a mortgage loan for a fee or other consideration paid by | 31703 |
the buyer or a lender, or a person engaged in table-funding or | 31704 |
warehouse-lending mortgage loans that are first lien mortgage | 31705 |
loans. | 31706 |
(x) Property, money, and other amounts received by a | 31707 |
professional employer organization, as defined in section 4125.01 | 31708 |
of the Revised Code, from a client employer, as defined in that | 31709 |
section, in excess of the administrative fee charged by the | 31710 |
professional employer organization to the client employer; | 31711 |
(y) In the case of amounts retained as commissions by a | 31712 |
permit holder under Chapter 3769. of the Revised Code, an amount | 31713 |
equal to the amounts specified under that chapter that must be | 31714 |
paid to or collected by the tax commissioner as a tax and the | 31715 |
amounts specified under that chapter to be used as purse money; | 31716 |
(z) Receipts from the sale of tangible personal property | 31717 |
delivered to a qualified distribution center in this state, | 31718 |
provided the delivered property is not subjected to further | 31719 |
manufacturing or processing while in this state, unless the | 31720 |
property, after delivery to the qualified distribution center, is | 31721 |
received in this state by a purchaser and the receipts from the | 31722 |
sale of the property are sitused to this state under division (E) | 31723 |
of section 5751.033 of the Revised Code. "Manufacturing or | 31724 |
processing" does not include packaging or repackaging the | 31725 |
delivered property for further shipping. For purposes of division | 31726 |
(F)(2)(z) of this section, "qualified distribution center" means a | 31727 |
warehouse or other facility from which more than fifty per cent of | 31728 |
the inventory distributed on an annual basis ultimately is | 31729 |
distributed outside this state by one or more members of a | 31730 |
consolidated elected taxpayer having annual taxable gross receipts | 31731 |
equal to or exceeding one hundred million dollars. Each year, the | 31732 |
tax commissioner shall certify those warehouses and other | 31733 |
facilities that qualify as "qualified distribution centers" for | 31734 |
purposes of division (F)(2)(z) of this section. A person who | 31735 |
operates such a warehouse or other facility shall apply annually | 31736 |
for certification on a form and in the manner prescribed by the | 31737 |
commissioner. A person is not entitled to an exemption under | 31738 |
division (F)(2)(z) of this section unless certification of the | 31739 |
warehouse or other facility has been obtained. The tax | 31740 |
commissioner may adopt rules to administer division (F)(2)(z) of | 31741 |
this section, including procedures for certifying a warehouse or | 31742 |
other facility as a "qualified distribution center." | 31743 |
(aa) Any receipts for which the tax imposed by this chapter | 31744 |
is prohibited by the constitution or laws of the United States or | 31745 |
the constitution of this state. | 31746 |
(3) In the case of a taxpayer when acting as a real estate | 31747 |
broker, "gross receipts" includes only the portion of any fee for | 31748 |
the service of a real estate broker, or service of a real estate | 31749 |
salesperson associated with that broker, that is retained by the | 31750 |
broker and not paid to an associated real estate salesperson or | 31751 |
another real estate broker. For the purposes of this division, | 31752 |
"real estate broker" and "real estate salesperson" have the same | 31753 |
meanings as in section 4735.01 of the Revised Code. | 31754 |
(4) A taxpayer's method of accounting for gross receipts for | 31755 |
a tax period shall be the same as the taxpayer's method of | 31756 |
accounting for federal income tax purposes for the taxpayer's | 31757 |
federal taxable year that includes the tax period. If a taxpayer's | 31758 |
method of accounting for federal income tax purposes changes, its | 31759 |
method of accounting for gross receipts under this chapter shall | 31760 |
be changed accordingly. | 31761 |
In calculating gross receipts, the following shall be | 31762 |
deducted to the extent included as a gross receipt in the current | 31763 |
tax period or reported as taxable gross receipts in a prior tax | 31764 |
period: | 31765 |
(a) Cash discounts allowed and taken; | 31766 |
(b) Returns and allowances; | 31767 |
(c) Bad debts | 31768 |
31769 | |
the purposes of this division, "bad debts" mean any debts that | 31770 |
have become worthless or uncollectible between the preceding and | 31771 |
current quarterly tax payment periods, have been uncollected for | 31772 |
at least six months, and may be claimed as a deduction under | 31773 |
section 166 of the Internal Revenue Code and the regulations | 31774 |
adopted pursuant thereto, or that could be claimed as such if the | 31775 |
taxpayer kept its accounts on the accrual basis. "Bad debts" does | 31776 |
not include uncollectible amounts on property that remains in the | 31777 |
possession of the taxpayer until the full purchase price is paid, | 31778 |
expenses in attempting to collect any account receivable or for | 31779 |
any portion of the debt recovered, and repossessed property; | 31780 |
(d) Any amount realized from the sale of an account | 31781 |
receivable but only to the extent the receipts from the underlying | 31782 |
transaction giving rise to the account receivable were included in | 31783 |
the gross receipts of the taxpayer. | 31784 |
(G) "Taxable gross receipts" means gross receipts sitused to | 31785 |
this state under section 5751.033 of the Revised Code. | 31786 |
(H) A person has "substantial nexus with this state" if any | 31787 |
of the following applies. The person: | 31788 |
(1) Owns or uses a part or all of its capital in this state; | 31789 |
(2) Holds a certificate of compliance with the laws of this | 31790 |
state authorizing the person to do business in this state; | 31791 |
(3) Has bright-line presence in this state; | 31792 |
(4) Otherwise has nexus with this state to an extent that the | 31793 |
person can be required to remit the tax imposed under this chapter | 31794 |
under the constitution of the United States. | 31795 |
(I) A person has "bright-line presence" in this state for a | 31796 |
reporting period and for the remaining portion of the calendar | 31797 |
year if any of the following applies. The person: | 31798 |
(1) Has at any time during the calendar year property in this | 31799 |
state with an aggregate value of at least fifty thousand dollars. | 31800 |
For the purpose of division (I)(1) of this section, owned property | 31801 |
is valued at original cost and rented property is valued at eight | 31802 |
times the net annual rental charge. | 31803 |
(2) Has during the calendar year payroll in this state of at | 31804 |
least fifty thousand dollars. Payroll in this state includes all | 31805 |
of the following: | 31806 |
(a) Any amount subject to withholding by the person under | 31807 |
section 5747.06 of the Revised Code; | 31808 |
(b) Any other amount the person pays as compensation to an | 31809 |
individual under the supervision or control of the person for work | 31810 |
done in this state; and | 31811 |
(c) Any amount the person pays for services performed in this | 31812 |
state on its behalf by another. | 31813 |
(3) Has during the calendar year taxable gross receipts | 31814 |
31815 |
(4) Has at any time during the calendar year within this | 31816 |
state at least twenty-five per cent of the person's total | 31817 |
property, total payroll, or total | 31818 |
(5) Is domiciled in this state as an individual or for | 31819 |
corporate, commercial, or other business purposes. | 31820 |
(J) "Tangible personal property" has the same meaning as in | 31821 |
section 5739.01 of the Revised Code. | 31822 |
(K) "Internal Revenue Code" means the Internal Revenue Code | 31823 |
of 1986, 100 Stat. 2085, 26 U.S.C. 1, as amended. Any term used | 31824 |
in this chapter that is not otherwise defined has the same meaning | 31825 |
as when used in a comparable context in the laws of the United | 31826 |
States relating to federal income taxes unless a different meaning | 31827 |
is clearly required. Any reference in this chapter to the Internal | 31828 |
Revenue Code includes other laws of the United States relating to | 31829 |
federal income taxes. | 31830 |
(L) "Calendar quarter" means a three-month period ending on | 31831 |
the thirty-first day of March, the thirtieth day of June, the | 31832 |
thirtieth day of September, or the thirty-first day of December. | 31833 |
(M) "Tax period" means the calendar quarter or calendar year | 31834 |
on the basis of which a taxpayer is required to pay the tax | 31835 |
imposed under this chapter. | 31836 |
(N) "Calendar year taxpayer" means a taxpayer for which the | 31837 |
tax period is a calendar year. | 31838 |
(O) "Calendar quarter taxpayer" means a taxpayer for which | 31839 |
the tax period is a calendar quarter. | 31840 |
(P) "Agent" means a person authorized by another person to | 31841 |
act on its behalf to undertake a transaction for the other, | 31842 |
including any of the following: | 31843 |
(1) A person receiving a fee to sell financial instruments; | 31844 |
(2) A person retaining only a commission from a transaction | 31845 |
with the other proceeds from the transaction being remitted to | 31846 |
another person; | 31847 |
(3) A person issuing licenses and permits under section | 31848 |
1533.13 of the Revised Code; | 31849 |
(4) A lottery sales agent holding a valid license issued | 31850 |
under section 3770.05 of the Revised Code; | 31851 |
(5) A person acting as an agent of the division of liquor | 31852 |
control under section 4301.17 of the Revised Code. | 31853 |
(Q) "Received" includes amounts accrued under the accrual | 31854 |
method of accounting. | 31855 |
Sec. 5751.011. (A) A group of two or more persons may elect | 31856 |
to be a consolidated elected taxpayer for the purposes of this | 31857 |
chapter if the group satisfies all of the following requirements: | 31858 |
(1) The group elects to include all persons, including | 31859 |
persons enumerated in divisions (E)(2) to (10) of section 5751.01 | 31860 |
of the Revised Code, having at least eighty per cent, or having at | 31861 |
least fifty per cent, of the value of their ownership interests | 31862 |
owned or controlled, directly or constructively through related | 31863 |
interests, by common owners during all or any portion of the tax | 31864 |
period, together with the common owners. At the election of the | 31865 |
group, all | 31866 |
incorporated or formed under the laws of a state or of the United | 31867 |
States and that meet the elected ownership test shall either be | 31868 |
included in the group or all shall be excluded from the group. The | 31869 |
group shall notify the tax commissioner of the foregoing elections | 31870 |
31871 | |
31872 | |
return in which the election is to become effective. If fifty per | 31873 |
cent of the value of a person's ownership interests is owned or | 31874 |
controlled by each of two consolidated elected taxpayer groups | 31875 |
formed under the fifty per cent ownership or control test, that | 31876 |
person is a member of each group for the purposes of this section, | 31877 |
and each group shall include in the group's taxable gross receipts | 31878 |
fifty per cent of that person's taxable gross receipts. Otherwise, | 31879 |
all of that person's taxable gross receipts shall be included in | 31880 |
the taxable gross receipts of the consolidated elected taxpayer | 31881 |
group of which the person is a member. In no event shall the | 31882 |
ownership or control of fifty per cent of the value of a person's | 31883 |
ownership interests by two otherwise unrelated groups form the | 31884 |
basis for consolidating the groups into a single consolidated | 31885 |
elected taxpayer group or permit any exclusion under division (C) | 31886 |
of this section of taxable gross receipts between members of the | 31887 |
two groups. Division (A)(3) of this section applies with respect | 31888 |
to the elections described in this division. | 31889 |
(2) The group | 31890 |
makes the election to be treated as a consolidated elected | 31891 |
taxpayer | 31892 |
of this section. | 31893 |
(3) | 31894 |
the group agrees that | 31895 |
all of the following apply: | 31896 |
(a) The group shall file reports as a single taxpayer for at | 31897 |
least the next eight calendar quarters following the election so | 31898 |
long as at least two or more of the members of the group meet the | 31899 |
requirements of division (A)(1) of this section. | 31900 |
(b) Before the expiration of the eighth such calendar | 31901 |
quarter, the group shall notify the commissioner if it elects to | 31902 |
cancel its designation as a consolidated elected taxpayer. If the | 31903 |
group does not so notify the tax commissioner, the election | 31904 |
remains in effect for another eight calendar quarters. | 31905 |
(c) If, at any time during any of those eight calendar | 31906 |
quarters following the election, a former member of the group no | 31907 |
longer meets the requirements under division (A)(1) of this | 31908 |
section, that member shall report and pay the tax imposed under | 31909 |
this chapter separately, as a member of a combined taxpayer, or, | 31910 |
if the former member satisfies such requirements with respect to | 31911 |
another consolidated elected group, as a member of that | 31912 |
consolidated elected group. | 31913 |
(d) The group agrees to the application of division (B) of | 31914 |
this section. | 31915 |
(B) A group of persons making the election under this section | 31916 |
shall report and pay tax on all of the group's taxable gross | 31917 |
receipts even if substantial nexus with this state does not exist | 31918 |
for one or more persons in the group. | 31919 |
(C)(1) A consolidated elected taxpayer shall exclude taxable | 31920 |
gross receipts between its members and taxable gross receipts | 31921 |
received by a person enumerated in divisions (E)(2) to (10) of | 31922 |
section 5751.01 of the Revised Code, except for taxable gross | 31923 |
receipts received by a member described in division (E)(4) of | 31924 |
section 5751.01 of the Revised Code that is not a qualifying | 31925 |
dealer as defined in section 5725.24 of the Revised Code. Except | 31926 |
as provided in division (C)(2) of this section, nothing in this | 31927 |
section shall have the effect of excluding taxable gross receipts | 31928 |
received from persons that are not members of the group. | 31929 |
(2) Gross receipts related to the sale or transmission of | 31930 |
electricity through the use of an intermediary regional | 31931 |
transmission organization approved by the federal energy | 31932 |
regulatory commission shall be excluded from taxable gross | 31933 |
receipts under division (C)(1) of this section if all other | 31934 |
requirements of that division are met, even if the receipts are | 31935 |
from and to the same member of the group. | 31936 |
(D) To make the election to be a consolidated elected | 31937 |
taxpayer, a group of persons shall | 31938 |
commissioner of the election in the manner prescribed by the | 31939 |
commissioner and pay the commissioner a registration fee equal to | 31940 |
the lesser of two hundred dollars or twenty dollars for each | 31941 |
person in the group. No additional fee shall be imposed for the | 31942 |
addition of new members to the group once the group has remitted a | 31943 |
fee in the amount of two hundred dollars. The | 31944 |
shall be | 31945 |
beginning of the first calendar quarter to which the election | 31946 |
applies or November 15, 2005. The fee shall be collected and used | 31947 |
in the same manner as provided in section 5751.04 of the Revised | 31948 |
Code. | 31949 |
The election shall be made on a form prescribed by the tax | 31950 |
commissioner for that purpose and shall be signed by one or more | 31951 |
individuals with authority, separately or together, to make a | 31952 |
binding election on behalf of all persons in the group. | 31953 |
31954 | |
31955 |
Any person acquired or formed after the filing of the | 31956 |
registration shall be included in the group if the person meets | 31957 |
the requirements of division (A)(1) of this section, and the group | 31958 |
shall notify the tax commissioner of any additions to the group | 31959 |
with the next tax return it files with the commissioner. | 31960 |
(E) Each member of a consolidated elected taxpayer is jointly | 31961 |
and severally liable for the tax imposed by this chapter and any | 31962 |
penalties or interest thereon. The tax commissioner may require | 31963 |
one person in the group to be the taxpayer for purposes of | 31964 |
registration and remittance of the tax, but all members of the | 31965 |
group are subject to assessment under section 5751.09 of the | 31966 |
Revised Code. | 31967 |
Sec. 5751.032. (A) As used in this section: | 31968 |
(1) "CAT" refers to the tax levied by this chapter. | 31969 |
(2) "CAT collected" means, with regard to a CAT test period, | 31970 |
the net amount of CAT, exclusive of registration fees, received in | 31971 |
the period after subtracting any CAT refunded in the period. | 31972 |
(3) "First CAT test period" means the twenty-four month | 31973 |
period beginning July 1, 2005, and ending June 30, 2007. | 31974 |
(4) "Second CAT test period" means the twelve-month period | 31975 |
beginning July 1, 2008, and ending June 30, 2009. | 31976 |
(5) "Third CAT test period" means the twelve-month period | 31977 |
beginning July 1, 2010, and ending June 30, 2011. | 31978 |
(B) Not later than the last day of September immediately | 31979 |
following the end of each CAT test period, the tax commissioner | 31980 |
shall compute the amount of CAT collected during that test period. | 31981 |
If the amount is less than ninety per cent or greater than one | 31982 |
hundred ten per cent of the prescribed CAT collections for that | 31983 |
period, the commissioner shall proceed as provided in division (C) | 31984 |
or (D) of this section, as applicable. For the purposes of | 31985 |
division (B) of this section, the prescribed CAT collections for | 31986 |
the CAT test periods are as follows: | 31987 |
(1) For the first CAT test period, eight hundred fifteen | 31988 |
million dollars; | 31989 |
(2) For the second CAT test period, one billion one hundred | 31990 |
ninety million dollars less any amount credited to the commercial | 31991 |
activity tax reduction fund with regard to the first CAT test | 31992 |
period; | 31993 |
(3) For the third CAT test period, one billion six hundred | 31994 |
ten million dollars less any amount credited to the commercial | 31995 |
activity tax reduction fund with regard to the second CAT test | 31996 |
period. | 31997 |
(C)(1) If the amount of CAT collected during a CAT test | 31998 |
period is less than ninety per cent of the prescribed CAT | 31999 |
collections for that test period, the tax commissioner shall | 32000 |
determine a new tax rate equal to the tax rate that would have | 32001 |
yielded the prescribed CAT collections during that test period. | 32002 |
The tax rate shall be the rate that would have to be imposed under | 32003 |
division (A) of section 5751.03 of the Revised Code before any | 32004 |
applicable phase-in percentages under section 5751.031 of the | 32005 |
Revised Code or otherwise provided by law to yield the prescribed | 32006 |
CAT collection after applying any applicable phase-in percentages. | 32007 |
(2) If the amount of CAT collected during a CAT test period | 32008 |
exceeds one hundred ten per cent of the prescribed CAT collections | 32009 |
for that test period, the tax commissioner shall determine a new | 32010 |
tax rate equal to the tax rate that would have yielded the | 32011 |
prescribed CAT collections during that test period less one-half | 32012 |
of the amount of the excess that was certified to the director of | 32013 |
budget and management for the test period under division (D) of | 32014 |
this section. The tax rate shall be the rate that would have to be | 32015 |
imposed under division (A) of section 5751.03 of the Revised Code | 32016 |
before any applicable phase-in percentages under section 5751.031 | 32017 |
of the Revised Code or otherwise provided by law to yield the | 32018 |
prescribed CAT collection after applying any applicable phase-in | 32019 |
percentages. | 32020 |
(3) A new tax rate computed under division (C)(1) or (2) of | 32021 |
this section shall be expressed as a number of mills per dollar, | 32022 |
rounded to the nearest one-hundredth of one mill. The rate shall | 32023 |
be rounded upward by one-hundredth of one mill only if the next | 32024 |
decimal digit is five or more. | 32025 |
(4) Not later than the last day of September following the | 32026 |
end of the CAT test period on the basis of which a new tax rate is | 32027 |
computed, the tax commissioner shall certify the new tax rate to | 32028 |
the governor, the president of the senate, the speaker of the | 32029 |
house of representatives, and all other members of the general | 32030 |
assembly. The commissioner shall publish the new tax rate by | 32031 |
journal entry and provide notice of the new tax rate to taxpayers. | 32032 |
The new tax rate shall be the rate imposed under division (A) of | 32033 |
section 5751.03 of the Revised Code beginning with the ensuing | 32034 |
calendar year, and is subject to any applicable phase-in | 32035 |
percentages provided for under section 5751.031 of the Revised | 32036 |
Code. | 32037 |
(D) If the amount of CAT collected during a CAT test period | 32038 |
exceeds one hundred ten per cent of the prescribed CAT collections | 32039 |
for that test period, the tax commissioner shall certify the | 32040 |
excess amount to the director of budget and management not later | 32041 |
than the last day of September immediately following the end of | 32042 |
that test period. The director shall forthwith transfer from the | 32043 |
general revenue fund one-half of the amount of the excess so | 32044 |
certified to the commercial activity tax refund fund, which is | 32045 |
hereby created in the state treasury, and the remaining one-half | 32046 |
of the amount of the excess to the budget stabilization fund. All | 32047 |
money credited to the commercial activity tax refund fund shall be | 32048 |
applied to reimburse the general revenue fund, school district | 32049 |
tangible property tax replacement fund, and local government | 32050 |
tangible property tax replacement fund for the diminution in | 32051 |
revenue caused by the credit provided under division (D) of | 32052 |
section 5751.03 of the Revised Code. On or before the last day of | 32053 |
May, August, and October of the calendar year that begins after | 32054 |
the end of the test period, and on or before the last day of | 32055 |
February of the following calendar year, the director of budget | 32056 |
and management shall transfer one-fourth of the amount that had | 32057 |
been transferred to the commercial activity tax refund fund to | 32058 |
each of those funds in the proportions specified under division | 32059 |
(B) of section 5751.21 of the Revised Code. | 32060 |
In the calendar year that begins immediately after the year | 32061 |
in which a transfer is made to the commercial activity tax refund | 32062 |
fund, the tax commissioner shall compute the amount to be | 32063 |
credited, under division (D) of section 5751.03 of the Revised | 32064 |
Code, to each taxpayer that paid in full the tax imposed under | 32065 |
this chapter for the calendar year in which the transfer was made. | 32066 |
The credit allowed to each such taxpayer shall equal the amount | 32067 |
transferred to the commercial activity tax refund fund multiplied | 32068 |
by a fraction, the numerator of which is the amount of tax paid by | 32069 |
that taxpayer for that calendar year and the denominator of which | 32070 |
is the total of the taxes paid by all such taxpayers for which the | 32071 |
credit is allowed. The credit applies only to the calendar year | 32072 |
that begins immediately after the year in which a transfer is made | 32073 |
to the commercial activity tax refund fund under this division. | 32074 |
(E) It is the intent of the General Assembly to conduct a | 32075 |
review of the prescribed CAT collections and rate adjustments | 32076 |
provided for under divisions (A) to (D) of this section every two | 32077 |
years in conjunction with its biennial budget deliberations, and | 32078 |
to establish lower prescribed CAT collections or reduce the rate | 32079 |
of tax levied under this chapter on the basis of the following | 32080 |
three factors: | 32081 |
(1) The revenue yield of the tax; | 32082 |
(2) The condition of the Ohio economy; | 32083 |
(3) Savings realized by ongoing reform to medicaid and other | 32084 |
policy initiatives. | 32085 |
Sec. 5751.04. (A) Not later than the later of November 15, | 32086 |
2005, or thirty days after a person first has more than one | 32087 |
hundred fifty thousand dollars in taxable gross receipts in a | 32088 |
calendar year, each person subject to this chapter shall register | 32089 |
with the tax commissioner on the form prescribed by the | 32090 |
commissioner. The form shall include the following: | 32091 |
(1) The person's name; | 32092 |
(2) If applicable, the name of the state or country under the | 32093 |
laws of which the person is incorporated; | 32094 |
(3) If applicable, the location of a person's principal | 32095 |
office | 32096 |
32097 | |
address of the officer or agent of the corporation in charge of | 32098 |
the business | 32099 |
(4) If applicable, the names of the person's president, | 32100 |
secretary, treasurer, and statutory agent designated pursuant to | 32101 |
section 1703.041 of the Revised Code, with the post office address | 32102 |
of each; | 32103 |
(5) The kind of business in which the person is engaged, | 32104 |
including applicable business or industry codes; | 32105 |
(6) | 32106 |
beginning of the person's annual accounting period that includes | 32107 |
the first day of January of the taxable calendar year; | 32108 |
(7) If the person is not a corporation or a sole proprietor, | 32109 |
the names of | 32110 |
the tax commissioner; | 32111 |
(8) The person's federal employer identification number or | 32112 |
numbers or, if those are not applicable, the person's social | 32113 |
security number or equivalent; | 32114 |
(9) All other information that the commissioner requires to | 32115 |
administer and enforce this chapter. | 32116 |
(B) Except as otherwise provided in this division, each | 32117 |
person registering with the tax commissioner as required by | 32118 |
division (A) of this section shall pay a registration fee. The fee | 32119 |
shall be in the amount of fifteen dollars if a person registers | 32120 |
electronically and twenty dollars if a person does not register | 32121 |
electronically. The registration fee shall be paid in the manner | 32122 |
prescribed by the tax commissioner at the same time the | 32123 |
registration is due if a person is subject to the tax imposed | 32124 |
under this chapter before January 1, 2006. If a person first | 32125 |
becomes subject to the tax after that date, the registration fee | 32126 |
is payable with the first tax period return the person is required | 32127 |
to file as prescribed by section 5751.051 of the Revised Code. If | 32128 |
a registration fee is not paid when due, an additional fee is | 32129 |
imposed in the amount of one hundred dollars per month or part | 32130 |
thereof the fee is outstanding, not to exceed one thousand | 32131 |
dollars. The tax commissioner may abate the additional fee. The | 32132 |
fee imposed under this division may be assessed in the same manner | 32133 |
as the tax imposed under this chapter. Proceeds from the fee shall | 32134 |
be credited to the commercial activity tax administrative fund, | 32135 |
which is hereby created in the state treasury for the commissioner | 32136 |
to use in implementing and administering the tax imposed under | 32137 |
this chapter. | 32138 |
No registration fee is payable by a person for a calendar | 32139 |
year if the person first begins business operations in this state | 32140 |
after the thirtieth day of November of that calendar year or if | 32141 |
the person's taxable gross receipts for the calendar year exceed | 32142 |
one hundred fifty thousand dollars but do not exceed one hundred | 32143 |
fifty thousand dollars as of the first day of December of the | 32144 |
calendar year. | 32145 |
Registration fees paid under this section, excluding any | 32146 |
additional fee imposed for late payment of the registration fee, | 32147 |
shall be credited against the first payment of tax payable under | 32148 |
section 5751.03 of the Revised Code after the registration fee is | 32149 |
paid. | 32150 |
(C) If a person that has registered under this section is no | 32151 |
longer a taxpayer subject to this chapter, including no longer | 32152 |
being a taxpayer because of the application of division (E)(1) of | 32153 |
section 5751.01 of the Revised Code, the person shall notify the | 32154 |
commissioner that the person's registration should be cancelled. | 32155 |
Sec. 5751.05. (A) If a person subject to this chapter | 32156 |
anticipates that the person's taxable gross receipts will be | 32157 |
32158 | |
may elect to be a calendar year taxpayer. If a person is not | 32159 |
required to be registered under this section for calendar year | 32160 |
2006 and anticipates that the person's taxable gross receipts will | 32161 |
be | 32162 |
year the person is required to register under this section, the | 32163 |
person may elect to be a calendar year taxpayer. | 32164 |
(B) Any person that is a calendar year taxpayer pursuant to | 32165 |
an election under division (A) of this section shall become a | 32166 |
calendar quarter taxpayer in the subsequent calendar year if the | 32167 |
person's taxable gross receipts for the prior calendar year are | 32168 |
more than one million dollars | 32169 |
quarter taxpayer until the person notifies the tax commissioner, | 32170 |
and receives approval in writing from the tax commissioner, to | 32171 |
switch back to being a calendar year taxpayer. Nothing in this | 32172 |
division prohibits a person that has elected to be a calendar year | 32173 |
taxpayer from notifying the tax commissioner, using the procedures | 32174 |
prescribed by the commissioner, that it is switching back to being | 32175 |
a calendar quarter taxpayer. | 32176 |
(C) Any taxpayer that is not a calendar year taxpayer | 32177 |
pursuant to this section is a calendar quarter taxpayer. The tax | 32178 |
commissioner may grant written approval for a calendar quarter | 32179 |
taxpayer to use an alternative reporting schedule or estimate the | 32180 |
amount of tax due for a calendar quarter if the taxpayer | 32181 |
demonstrates to the commissioner the need for such a deviation. | 32182 |
The commissioner may adopt a rule to apply division (C) of this | 32183 |
section to a group of taxpayers without the taxpayers having to | 32184 |
receive written approval from the commissioner. | 32185 |
Sec. 5751.051. (A)(1) Not later than forty days after the | 32186 |
end of each calendar quarter, every taxpayer other than a calendar | 32187 |
year taxpayer shall file with the tax commissioner a tax return in | 32188 |
such form as the commissioner prescribes. The return shall | 32189 |
include, but is not limited to, the amount of the taxpayer's | 32190 |
taxable gross receipts for the calendar quarter and shall indicate | 32191 |
the amount of tax due under section 5751.03 of the Revised Code | 32192 |
for the calendar quarter. | 32193 |
(2)(a) Subject to division (C) of section 5751.05 of the | 32194 |
Revised Code, a calendar quarter taxpayer shall report the taxable | 32195 |
gross receipts for that calendar quarter. | 32196 |
(b) With respect to taxable gross receipts incorrectly | 32197 |
reported in a calendar quarter that has a lower tax rate, the tax | 32198 |
shall be computed at the tax rate in effect for the quarterly | 32199 |
return in which such receipts should have been reported. Nothing | 32200 |
in division (A)(2)(b) of this section prohibits a taxpayer from | 32201 |
filing an application for refund under section 5751.08 of the | 32202 |
Revised Code with regard to the incorrect reporting of taxable | 32203 |
gross receipts discovered after filing the annual return described | 32204 |
in division (A)(3) of this section. | 32205 |
A tax return shall not be deemed to be an incorrect reporting | 32206 |
of taxable gross receipts for the purposes of division (A)(2)(b) | 32207 |
of this section if the return reflects between ninety-five and one | 32208 |
hundred five per cent of the actual taxable gross receipts for the | 32209 |
calendar quarter. | 32210 |
(3) The tax return filed for the fourth calendar quarter of a | 32211 |
calendar year is the annual return for the privilege tax imposed | 32212 |
by this chapter. Such return shall report any additional taxable | 32213 |
gross receipts not previously reported in the calendar year and | 32214 |
shall adjust for any over-reported taxable gross receipts in the | 32215 |
calendar year. If the taxpayer ceases to be a taxpayer before the | 32216 |
end of the calendar year, the last return the taxpayer is required | 32217 |
to file shall be the annual return for the taxpayer and the | 32218 |
taxpayer shall report any additional taxable gross receipts not | 32219 |
previously reported in the calendar year and shall adjust for any | 32220 |
over-reported taxable gross receipts in the calendar year. | 32221 |
(4) Because the tax imposed by this chapter is a privilege | 32222 |
tax, the tax rate with respect to taxable gross receipts for a | 32223 |
calendar quarter is not fixed until the end of the measurement | 32224 |
period for each calendar quarter. Subject to division (A)(2)(b) of | 32225 |
this section, the total amount of taxable gross receipts reported | 32226 |
for a given calendar quarter shall be subject to the tax rate in | 32227 |
effect in that quarter. | 32228 |
(5) Not later than forty days after the end of each calendar | 32229 |
year, every calendar year taxpayer shall file with the tax | 32230 |
commissioner a tax return in such form as the commissioner | 32231 |
prescribes. The return shall include, but is not limited to, the | 32232 |
amount of the taxpayer's taxable gross receipts for the calendar | 32233 |
year and shall indicate the amount of tax due under section | 32234 |
5751.03 of the Revised Code for the calendar year. | 32235 |
(B)(1) A person that first becomes subject to the tax imposed | 32236 |
under this chapter | 32237 |
32238 | |
section 5751.03 of the Revised Code along with the registration | 32239 |
fee imposed under this section, if applicable, on or before the | 32240 |
day the return is required to be filed for that quarter under | 32241 |
division (A)(1) of this section, regardless of whether the person | 32242 |
elects to be a calendar year taxpayer under section 5751.05 of the | 32243 |
Revised Code. | 32244 |
(2) The amount of the minimum tax for a person subject to | 32245 |
division (B)(1) of this section shall be reduced to seventy-five | 32246 |
dollars if the registration is timely filed after the first day of | 32247 |
May and before the first day of | 32248 |
calendar year. | 32249 |
Sec. 5751.10. If any person liable for the tax imposed under | 32250 |
this chapter sells the trade or business, disposes in any manner | 32251 |
other than in the regular course of business at least seventy-five | 32252 |
per cent of assets of the trade or business, or quits the trade or | 32253 |
business, any tax owed by such person shall become due and payable | 32254 |
immediately, and the person shall pay the tax under this section, | 32255 |
including any applicable penalties and interest, within | 32256 |
forty-five days after the date of selling or quitting the trade or | 32257 |
business. The person's successor shall withhold a sufficient | 32258 |
amount of the purchase money to cover the amount due and unpaid | 32259 |
until the former owner produces a receipt from the tax | 32260 |
commissioner showing that the amounts are paid or a certificate | 32261 |
indicating that no taxes are due. If a purchaser fails to withhold | 32262 |
purchase money, that person is personally liable up to the | 32263 |
purchase money amount, for such amounts that are unpaid during the | 32264 |
operation of the business by the former owner. | 32265 |
The tax commissioner may adopt rules regarding the issuance | 32266 |
of certificates under this section, including the waiver of the | 32267 |
need for a certificate if certain criteria are met. | 32268 |
Sec. 5751.20. (A) As used in sections 5751.20 to 5751.22 of | 32269 |
the Revised Code: | 32270 |
(1) "School district," "joint vocational school district," | 32271 |
"local taxing unit," "state education aid," "recognized | 32272 |
valuation," "fixed-rate levy," and "fixed-sum levy" have the same | 32273 |
meanings as used in section 5727.84 of the Revised Code. | 32274 |
(2) "State education aid offset" means the amount determined | 32275 |
for each school district or joint vocational school district under | 32276 |
division (A)(1) of section 5751.21 of the Revised Code. | 32277 |
(3) "Machinery and equipment property tax value loss" means | 32278 |
the amount determined under division (C)(1) of this section. | 32279 |
(4) "Inventory property tax value loss" means the amount | 32280 |
determined under division (C)(2) of this section. | 32281 |
(5) "Furniture and fixtures property tax value loss" means | 32282 |
the amount determined under division (C)(3) of this section. | 32283 |
(6) "Machinery and equipment fixed-rate levy loss" means the | 32284 |
amount determined under division (D)(1) of this section. | 32285 |
(7) "Inventory fixed-rate levy loss" means the amount | 32286 |
determined under division (D)(2) of this section. | 32287 |
(8) "Furniture and fixtures fixed-rate levy loss" means the | 32288 |
amount determined under division (D)(3) of this section. | 32289 |
(9) "Total fixed-rate levy loss" means the sum of the | 32290 |
machinery and equipment fixed-rate levy loss, the inventory | 32291 |
fixed-rate levy loss, the furniture and fixtures fixed-rate levy | 32292 |
loss, and the telephone company fixed-rate levy loss. | 32293 |
(10) "Fixed-sum levy loss" means the amount determined under | 32294 |
division (E) of this section. | 32295 |
(11) "Machinery and equipment" means personal property | 32296 |
subject to the assessment rate specified in division (F) of | 32297 |
section 5711.22 of the Revised Code. | 32298 |
(12) "Inventory" means personal property subject to the | 32299 |
assessment rate specified in division (E) of section 5711.22 of | 32300 |
the Revised Code. | 32301 |
(13) "Furniture and fixtures" means personal property subject | 32302 |
to the assessment rate specified in division (G) of section | 32303 |
5711.22 of the Revised Code. | 32304 |
(14) "Qualifying levies" are levies in effect for tax year | 32305 |
2004 or applicable to tax year 2005 or approved at an election | 32306 |
conducted before September 1, 2005 | 32307 |
32308 | |
authorized by section 5705.212 or 5705.213 of the Revised Code, | 32309 |
the rate shall be the rate that would be in effect for tax year | 32310 |
2010. | 32311 |
(15) "Telephone property" means tangible personal property of | 32312 |
a telephone, telegraph, or interexchange telecommunications | 32313 |
company subject to an assessment rate specified in section | 32314 |
5727.111 of the Revised Code in tax year 2004. | 32315 |
(16) "Telephone property tax value loss" means the amount | 32316 |
determined under division (C)(4) of this section. | 32317 |
(17) "Telephone property fixed-rate levy loss" means the | 32318 |
amount determined under division (D)(4) of this section. | 32319 |
(B) The commercial activities tax receipts fund is hereby | 32320 |
created in the state treasury and shall consist of money arising | 32321 |
from the tax imposed under this chapter. All money in that fund | 32322 |
shall be credited for each fiscal year in the following | 32323 |
percentages to the general revenue fund, to the school district | 32324 |
tangible property tax replacement fund, which is hereby created in | 32325 |
the state treasury for the purpose of making the payments | 32326 |
described in section 5751.21 of the Revised Code, and to the local | 32327 |
government tangible property tax replacement fund, which is hereby | 32328 |
created in the state treasury for the purpose of making the | 32329 |
payments described in section 5751.22 of the Revised Code, in the | 32330 |
following percentages: | 32331 |
Fiscal year | General Revenue Fund | School District Tangible Property Tax Replacement Fund | Local Government Tangible Property Tax Replacement Fund | 32332 | |
2006 | 67.7% | 22.6% | 9.7% | 32333 | |
2007 | 0% | 70.0% | 30.0% | 32334 | |
2008 | 0% | 70.0% | 30.0% | 32335 | |
2009 | 0% | 70.0% | 30.0% | 32336 | |
2010 | 0% | 70.0% | 30.0% | 32337 | |
2011 | 0% | 70.0% | 30.0% | 32338 | |
2012 | 5.3% | 70.0% | 24.7% | 32339 | |
2013 | 19.4% | 70.0% | 10.6% | 32340 | |
2014 | 14.1% | 70.0% | 15.9% | 32341 | |
2015 | 17.6% | 70.0% | 12.4% | 32342 | |
2016 | 21.1% | 70.0% | 8.9% | 32343 | |
2017 | 24.6% | 70.0% | 5.4% | 32344 | |
2018 | 28.1% | 70.0% | 1.9% | 32345 | |
2019 and thereafter | 100% | 0% | 0% | 32346 |
(C) Not later than September 15, 2005, the tax commissioner | 32347 |
shall determine for each school district, joint vocational school | 32348 |
district, and local taxing unit its machinery and equipment, | 32349 |
inventory property, furniture and fixtures property, and telephone | 32350 |
property tax value losses, which are the applicable amounts | 32351 |
described in divisions (C)(1), (2), (3), and (4) of this section, | 32352 |
except as provided in division (C)(5) of this section: | 32353 |
(1) Machinery and equipment property tax value loss is the | 32354 |
taxable value of machinery and equipment property as reported by | 32355 |
taxpayers for tax year 2004 multiplied by: | 32356 |
(a) For tax year 2006, thirty-three and eight-tenths per | 32357 |
cent; | 32358 |
(b) For tax year 2007, sixty-one and three-tenths per cent; | 32359 |
(c) For tax year 2008, eighty-three per cent; | 32360 |
(d) For tax year 2009 and thereafter, one hundred per cent. | 32361 |
(2) Inventory property tax value loss is the taxable value of | 32362 |
inventory property as reported by taxpayers for tax year 2004 | 32363 |
multiplied by: | 32364 |
(a) For tax year 2006, a fraction, the numerator of which is | 32365 |
five and three-fourths and the denominator of which is | 32366 |
twenty-three; | 32367 |
(b) For tax year 2007, a fraction, the numerator of which is | 32368 |
nine and one-half and the denominator of which is twenty-three; | 32369 |
(c) For tax year 2008, a fraction, the numerator of which is | 32370 |
thirteen and one-fourth and the denominator of which is | 32371 |
twenty-three; | 32372 |
(d) For tax year 2009 and thereafter a fraction, the | 32373 |
numerator of which is seventeen and the denominator of which is | 32374 |
twenty-three. | 32375 |
(3) Furniture and fixtures property tax value loss is the | 32376 |
taxable value of furniture and fixture property as reported by | 32377 |
taxpayers for tax year 2004 multiplied by: | 32378 |
(a) For tax year 2006, twenty-five per cent; | 32379 |
(b) For tax year 2007, fifty per cent; | 32380 |
(c) For tax year 2008, seventy-five per cent; | 32381 |
(d) For tax year 2009 and thereafter, one hundred per cent. | 32382 |
The taxable value of property reported by taxpayers used in | 32383 |
divisions (C)(1), (2), and (3) of this section shall be such | 32384 |
values as determined to be final by the tax commissioner as of | 32385 |
August 31, 2005. Such determinations shall be final except for any | 32386 |
correction of a clerical error that was made prior to August 31, | 32387 |
2005, by the tax commissioner. | 32388 |
(4) Telephone property tax value loss is the taxable value of | 32389 |
telephone property as taxpayers would have reported that property | 32390 |
for tax year 2004 if the assessment rate for all telephone | 32391 |
property for that year were twenty-five per cent, multiplied by: | 32392 |
(a) For tax year 2006, zero per cent; | 32393 |
(b) For tax year 2007, zero per cent; | 32394 |
(c) For tax year 2008, zero per cent; | 32395 |
(d) For tax year 2009, sixty per cent; | 32396 |
(e) For tax year 2010, eighty per cent; | 32397 |
(f) For tax year 2011 and thereafter, one hundred per cent. | 32398 |
(5) Division (C)(5) of this section applies to any school | 32399 |
district, joint vocational school district, or local taxing unit | 32400 |
in a county in which is located a facility currently or formerly | 32401 |
devoted to the enrichment or commercialization of uranium or | 32402 |
uranium products, and for which the total taxable value of | 32403 |
property listed on the general tax list of personal property for | 32404 |
any tax year from tax year 2001 to tax year 2004 was fifty per | 32405 |
cent or less of the taxable value of such property listed on the | 32406 |
general tax list of personal property for the next preceding tax | 32407 |
year. | 32408 |
In computing the property tax value losses under divisions | 32409 |
(C)(1), (2), (3), and (4) of this section for any school district, | 32410 |
joint vocational school district, or local taxing unit to which | 32411 |
division (C)(5) of this section applies, the taxable value of such | 32412 |
property as listed on the general tax list of personal property | 32413 |
for tax year 2000 shall be substituted for the taxable value of | 32414 |
such property as reported by taxpayers for tax year 2004 if the | 32415 |
taxable value listed for tax year 2000 is greater than the taxable | 32416 |
value reported by taxpayers for tax year 2004. | 32417 |
To facilitate the calculations required under division (C) of | 32418 |
this section, the county auditor, upon request from the tax | 32419 |
commissioner, shall provide by August 1, 2005, the values of | 32420 |
machinery and equipment, inventory, and furniture and fixtures for | 32421 |
all single-county personal property taxpayers for tax year 2004. | 32422 |
(D) Not later than September 15, 2005, the tax commissioner | 32423 |
shall determine for each tax year from 2006 through 2009 for each | 32424 |
school district, joint vocational school district, and local | 32425 |
taxing unit its machinery and equipment, inventory, and furniture | 32426 |
and fixtures fixed-rate levy losses, and for each tax year from | 32427 |
2006 through 2011 its telephone property fixed-rate levy loss, | 32428 |
which are the applicable amounts described in divisions (D)(1), | 32429 |
(2), (3), and (4) of this section: | 32430 |
(1) The machinery and equipment fixed-rate levy loss is the | 32431 |
machinery and equipment property tax value loss multiplied by the | 32432 |
sum of the tax rates of fixed-rate qualifying levies. | 32433 |
(2) The inventory fixed-rate loss is the inventory property | 32434 |
tax value loss multiplied by the sum of the tax rates of | 32435 |
fixed-rate qualifying levies. | 32436 |
(3) The furniture and fixtures fixed-rate levy loss is the | 32437 |
furniture and fixture property tax value loss multiplied by the | 32438 |
sum of the tax rates of fixed-rate qualifying levies. | 32439 |
(4) The telephone property fixed-rate levy loss is the | 32440 |
telephone property tax value loss multiplied by the sum of the tax | 32441 |
rates of fixed-rate qualifying levies. | 32442 |
(E) Not later than September 15, 2005, the tax commissioner | 32443 |
shall determine for each school district, joint vocational school | 32444 |
district, and local taxing unit its fixed-sum levy loss. The | 32445 |
fixed-sum levy loss is the amount obtained by subtracting the | 32446 |
amount described in division (E)(2) of this section from the | 32447 |
amount described in division (E)(1) of this section: | 32448 |
(1) The sum of the machinery and equipment property tax value | 32449 |
loss, the inventory property tax value loss, and the furniture and | 32450 |
fixtures property tax value loss, and, for 2008 through 2017 the | 32451 |
telephone property tax value loss of the district or unit | 32452 |
multiplied by the sum of the fixed-sum tax rates of qualifying | 32453 |
levies. For 2006 through 2010, this computation shall include all | 32454 |
qualifying levies remaining in effect for the current tax year and | 32455 |
any school district emergency levies that are qualifying levies | 32456 |
not remaining in effect for the current year. For 2011 through | 32457 |
2017, this computation shall include only qualifying levies | 32458 |
remaining in effect for the current year. For purposes of this | 32459 |
computation, a qualifying school district emergency levy remains | 32460 |
in effect in a year after 2010 only if, for that year, the board | 32461 |
of education levies a school district emergency levy for an annual | 32462 |
sum at least equal to the annual sum levied by the board in tax | 32463 |
year 2004 less the amount of the payment certified under this | 32464 |
division for 2006. | 32465 |
(2) The total taxable value in tax year 2004 less the sum of | 32466 |
the machinery and equipment, inventory, furniture and fixtures, | 32467 |
and telephone property tax value losses in each school district, | 32468 |
joint vocational school district, and local taxing unit multiplied | 32469 |
by one-half of one mill per dollar. | 32470 |
(3) For the calculations in divisions (E)(1) and (2) of this | 32471 |
section, the tax value losses are those that would be calculated | 32472 |
for tax year 2009 under divisions (C)(1), (2), and (3) of this | 32473 |
section and for tax year 2011 under division (C)(4) of this | 32474 |
section. | 32475 |
(4) To facilitate the calculation under divisions (D) and (E) | 32476 |
of this section, not later than September 1, 2005, any school | 32477 |
district, joint vocational school district, or local taxing unit | 32478 |
that has a qualifying levy that was approved at an election | 32479 |
conducted during 2005 before September 1, 2005, shall certify to | 32480 |
the tax commissioner a copy of the county auditor's certificate of | 32481 |
estimated property tax millage for such levy as required under | 32482 |
division (B) of section 5705.03 of the Revised Code, which is the | 32483 |
rate that shall be used in the calculations under such divisions. | 32484 |
If the amount determined under division (E) of this section | 32485 |
for any school district, joint vocational school district, or | 32486 |
local taxing unit is greater than zero, that amount shall equal | 32487 |
the reimbursement to be paid pursuant to division (D) of section | 32488 |
5751.21 or division (A)(3) of section 5751.22 of the Revised Code, | 32489 |
and the one-half of one mill that is subtracted under division | 32490 |
(E)(2) of this section shall be apportioned among all contributing | 32491 |
fixed-sum levies in the proportion that each levy bears to the sum | 32492 |
of all fixed-sum levies within each school district, joint | 32493 |
vocational school district, or local taxing unit. | 32494 |
(F) Not later than October 1, 2005, the tax commissioner | 32495 |
shall certify to the department of education for every school | 32496 |
district and joint vocational school district the machinery and | 32497 |
equipment, inventory, furniture and fixtures, and telephone | 32498 |
property tax value losses determined under division (C) of this | 32499 |
section, the machinery and equipment, inventory, furniture and | 32500 |
fixtures, and telephone fixed-rate levy losses determined under | 32501 |
division (D) of this section, and the fixed-sum levy losses | 32502 |
calculated under division (E) of this section. The calculations | 32503 |
under divisions (D) and (E) of this section shall separately | 32504 |
display the levy loss for each levy eligible for reimbursement. | 32505 |
(G) Not later than October 1, 2005, the tax commissioner | 32506 |
shall certify the amount of the fixed-sum levy losses to the | 32507 |
county auditor of each county in which a school district, joint | 32508 |
vocational school district, or local taxing unit with a fixed-sum | 32509 |
levy loss reimbursement has territory. | 32510 |
Sec. 5751.21. (A) Not later than the thirty-first day of | 32511 |
July of 2007 through 2017, the department of education shall | 32512 |
determine the following for each school district and each joint | 32513 |
vocational school district eligible for payment under division (B) | 32514 |
of this section: | 32515 |
(1) The state education aid offset, which is the difference | 32516 |
obtained by subtracting the amount described in division (A)(1)(b) | 32517 |
of this section from the amount described in division (A)(1)(a) of | 32518 |
this section: | 32519 |
(a) The state education aid computed for the school district | 32520 |
or joint vocational school district for the current fiscal year as | 32521 |
of the thirty-first day of July; | 32522 |
(b) The state education aid that would be computed for the | 32523 |
school district or joint vocational school district for the | 32524 |
current fiscal year as of the thirty-first day of July if the | 32525 |
recognized valuation included the machinery and equipment, | 32526 |
inventory, furniture and fixtures, and telephone property tax | 32527 |
value losses for the school district or joint vocational school | 32528 |
district for the second preceding tax year. | 32529 |
(2) The greater of zero or the difference obtained by | 32530 |
subtracting the state education aid offset determined under | 32531 |
division (A)(1) of this section from the sum of the machinery and | 32532 |
equipment fixed-rate levy loss, the inventory fixed-rate levy | 32533 |
loss, furniture and fixtures fixed-rate levy loss, and telephone | 32534 |
property fixed-rate levy loss certified under division (F) of | 32535 |
section 5751.20 of the Revised Code for all taxing districts in | 32536 |
each school district and joint vocational school district for the | 32537 |
second preceding tax year. | 32538 |
By the fifth day of August of each such year, the department | 32539 |
of education shall certify the amount so determined under division | 32540 |
(A)(1) of this section to the director of budget and management. | 32541 |
(B) The department of education shall pay from the school | 32542 |
district tangible property tax replacement fund to each school | 32543 |
district and joint vocational school district all of the following | 32544 |
for fixed-rate levy losses certified under division (F) of section | 32545 |
5751.20 of the Revised Code: | 32546 |
(1) On or before May 31, 2006, one-seventh of the total | 32547 |
fixed-rate levy loss for tax year 2006; | 32548 |
(2) On or before August 31, 2006, and October 31, 2006, | 32549 |
one-half of six-sevenths of the total fixed-rate levy loss | 32550 |
tax year 2006; | 32551 |
(3) On or before May 31, 2007, one-seventh of the total | 32552 |
fixed-rate levy loss for tax year 2007; | 32553 |
(4) On or before August 31, 2007, and October 31, 2007, | 32554 |
forty-three per cent of the amount determined under division | 32555 |
(A)(2) of this section for fiscal year 2008, but not less than | 32556 |
zero, plus one-half of six-sevenths of the difference between the | 32557 |
total fixed-rate levy loss for tax year 2007 and the total | 32558 |
fixed-rate levy loss for tax year 2006. | 32559 |
(5) On or before May 31, 2008, fourteen per cent of the | 32560 |
amount determined under division (A)(2) of this section for fiscal | 32561 |
year 2008, but not less than zero, plus one-seventh of the | 32562 |
difference between the total fixed-rate levy loss for tax year | 32563 |
2008 and the total fixed-rate levy loss for tax year 2006. | 32564 |
(6) On or before August 31, 2008, and October 31, 2008, | 32565 |
forty-three per cent of the amount determined under division | 32566 |
(A)(2) of this section for fiscal year 2009, but not less than | 32567 |
zero, plus one-half of six-sevenths of the difference between the | 32568 |
total fixed-rate levy loss in tax year 2008 and the total | 32569 |
fixed-rate levy loss in tax year 2007. | 32570 |
(7) On or before May 31, 2009, fourteen per cent of the | 32571 |
amount determined under division (A)(2) of this section for fiscal | 32572 |
year 2009, but not less than zero, plus one-seventh of the | 32573 |
difference between the total fixed-rate levy loss for tax year | 32574 |
2009 and the total fixed-rate levy loss for tax year 2007. | 32575 |
(8) On or before August 31, 2009, and October 31, 2009, | 32576 |
32577 | |
division (A)(2) of this section for fiscal year 2010, but not less | 32578 |
than zero, plus one-half of six-sevenths of the difference between | 32579 |
the total fixed-rate levy loss in tax year 2009 and the total | 32580 |
fixed-rate levy loss in tax year 2008. | 32581 |
(9) On or before May 31, 2010, fourteen per cent of the | 32582 |
amount determined under division (A)(2) of this section for fiscal | 32583 |
year 2010, but not less than zero, plus one-seventh of the | 32584 |
difference between the total fixed-rate levy loss in tax year 2010 | 32585 |
and the total fixed-rate levy loss in tax year 2008. | 32586 |
(10) On or before August 31, 2010, and October 31, 2010, | 32587 |
one-third of the amount determined under division (A)(2) of this | 32588 |
section for fiscal year 2011, but not less than zero, plus | 32589 |
one-half of six-sevenths of the difference between the telephone | 32590 |
property fixed-rate levy loss for tax year 2010 and the telephone | 32591 |
property fixed-rate levy loss for tax year 2009. | 32592 |
(11) On or before May 31, 2011, fourteen per cent of the | 32593 |
amount determined under division (A)(2) of this section for fiscal | 32594 |
year 2011, but not less than zero, plus one-seventh of the | 32595 |
difference between the telephone property fixed-rate levy loss for | 32596 |
tax year 2011 and the telephone property fixed-rate levy loss for | 32597 |
tax year 2009. | 32598 |
(12) On or before August 31, 2011, October 31, 2011, and May | 32599 |
31, 2012, the amount determined under division (A)(2) of this | 32600 |
section multiplied by a fraction, the numerator of which is | 32601 |
fourteen and the denominator of which is seventeen, but not less | 32602 |
than zero, multiplied by one-third, plus one-half of six-sevenths | 32603 |
of the difference between the telephone property fixed-rate levy | 32604 |
loss for tax year 2011 and the telephone property fixed-rate levy | 32605 |
loss for tax year 2010. | 32606 |
(13) On or before May 31, 2012, fourteen per cent of the | 32607 |
amount determined under division (A)(2) of this section for fiscal | 32608 |
year 2012, multiplied by a fraction, the numerator of which is | 32609 |
fourteen and the denominator of which is seventeen, plus | 32610 |
one-seventh of the difference between the telephone property | 32611 |
fixed-rate levy loss for tax year 2011 and the telephone property | 32612 |
fixed-rate levy loss for tax year 2010. | 32613 |
(14) On or before August 31, 2012, October 31, 2012, and May | 32614 |
31, 2013, the amount determined under division (A)(2) of this | 32615 |
section multiplied by a fraction, the numerator of which is eleven | 32616 |
and the denominator of which is seventeen, but not less than zero, | 32617 |
multiplied by one-third. | 32618 |
(15) On or before August 31, 2013, October 31, 2013, and May | 32619 |
31, 2014, the amount determined under division (A)(2) of this | 32620 |
section multiplied by a fraction, the numerator of which is nine | 32621 |
and the denominator of which is seventeen, but not less than zero, | 32622 |
multiplied by one-third. | 32623 |
(16) On or before August 31, 2014, October 31, 2014, and May | 32624 |
31, 2015, the amount determined under division (A)(2) of this | 32625 |
section multiplied by a fraction, the numerator of which is seven | 32626 |
and the denominator of which is seventeen, but not less than zero, | 32627 |
multiplied by one-third. | 32628 |
(17) On or before August 31, 2015, October 31, 2015, and May | 32629 |
31, 2016, the amount determined under division (A)(2) of this | 32630 |
section multiplied by a fraction, the numerator of which is five | 32631 |
and the denominator of which is seventeen, but not less than zero, | 32632 |
multiplied by one-third. | 32633 |
(18) On or before August 31, 2016, October 31, 2016, and May | 32634 |
31, 2017, the amount determined under division (A)(2) of this | 32635 |
section multiplied by a fraction, the numerator of which is three | 32636 |
and the denominator of which is seventeen, but not less than zero, | 32637 |
multiplied by one-third. | 32638 |
(19) On or before August 31, 2017, October 31, 2017, and May | 32639 |
31, 2018, the amount determined under division (A)(2) of this | 32640 |
section multiplied by a fraction, the numerator of which is one | 32641 |
and the denominator of which is seventeen, but not less than zero, | 32642 |
multiplied by one-third. | 32643 |
(20) After May 31, 2018, no payments shall be made under this | 32644 |
section. | 32645 |
The department of education shall report to each school | 32646 |
district and joint vocational school district the apportionment of | 32647 |
the payments among the school district's or joint vocational | 32648 |
school district's funds based on the certifications under division | 32649 |
(F) of section 5751.20 of the Revised Code. | 32650 |
Any qualifying levy that is a fixed-rate levy that is not | 32651 |
applicable to a tax year after 2010 does not qualify for any | 32652 |
reimbursement after the tax year to which it is last applicable. | 32653 |
(C) For taxes levied within the ten-mill limitation for debt | 32654 |
purposes in tax year 2005, payments shall be made equal to one | 32655 |
hundred per cent of the loss computed as if the tax were a | 32656 |
fixed-rate levy, but those payments shall extend from fiscal year | 32657 |
2006 through fiscal year 2018, as long as the qualifying levy | 32658 |
continues to be used for debt purposes. If the purpose of such a | 32659 |
qualifying levy is changed, that levy becomes subject to the | 32660 |
payments determined in division (B) of this section. | 32661 |
(D)(1) Not later than January 1, 2006, for each fixed-sum | 32662 |
levy of each school district or joint vocational school district | 32663 |
and for each year for which a determination is made under division | 32664 |
(F) of section 5751.20 of the Revised Code that a fixed-sum levy | 32665 |
loss is to be reimbursed, the tax commissioner shall certify to | 32666 |
the department of education the fixed-sum levy loss determined | 32667 |
under that division. The certification shall cover a time period | 32668 |
sufficient to include all fixed-sum levies for which the | 32669 |
commissioner made such a determination. The department shall pay | 32670 |
from the school district property tax replacement fund to the | 32671 |
school district or joint vocational school district one-third of | 32672 |
the fixed-sum levy loss so certified for each year on or before | 32673 |
the last day of May, August, and | 32674 |
year. | 32675 |
(2) Beginning in 2006, by the first day of January of each | 32676 |
year, the tax commissioner shall review the certification | 32677 |
originally made under division (D)(1) of this section. If the | 32678 |
commissioner determines that a debt levy that had been scheduled | 32679 |
to be reimbursed in the current year has expired, a revised | 32680 |
certification for that and all subsequent years shall be made to | 32681 |
the department of education. | 32682 |
(E) Beginning in September 2007 and through June 2018, the | 32683 |
director of budget and management shall transfer from the school | 32684 |
district tangible property tax replacement fund to the general | 32685 |
revenue fund each of the following: | 32686 |
(1) On the first day of September, the lesser of one-fourth | 32687 |
of the amount certified for that fiscal year under division (A)(1) | 32688 |
of this section or the balance in the school district tangible | 32689 |
property tax replacement fund; | 32690 |
(2) On the first day of December, the lesser of one-fourth of | 32691 |
the amount certified for that fiscal year under division (A)(1) of | 32692 |
this section or the balance in the school district tangible | 32693 |
property tax replacement fund; | 32694 |
(3) On the first day of March, the lesser of one-fourth of | 32695 |
the amount certified for that fiscal year under division (A)(1) of | 32696 |
this section or the balance in the school district tangible | 32697 |
property tax replacement fund; | 32698 |
(4) On the first day of June, the lesser of one-fourth of the | 32699 |
amount certified for that fiscal year under division (A)(1) of | 32700 |
this section or the balance in the school district tangible | 32701 |
property tax replacement fund. | 32702 |
(F) For each of the fiscal years 2006 through 2018, if the | 32703 |
total amount in the school district tangible property tax | 32704 |
replacement fund is insufficient to make all payments under | 32705 |
divisions (B), (C), | 32706 |
payments are to be made, the director of budget and management | 32707 |
shall transfer from the general revenue fund to the school | 32708 |
district tangible property tax replacement fund the difference | 32709 |
between the total amount to be paid and the amount in the school | 32710 |
district tangible property tax replacement fund. For each fiscal | 32711 |
year after 2018, at the time payments under division (D) of this | 32712 |
section are to be made, the director of budget and management | 32713 |
shall transfer from the general revenue fund to the school | 32714 |
district property tax replacement fund the amount necessary to | 32715 |
make such payments. | 32716 |
(G) On the fifteenth day of June of 2006 through 2011, the | 32717 |
director of budget and management may transfer any balance in the | 32718 |
school district tangible property tax replacement fund to the | 32719 |
general revenue fund. At the end of fiscal years 2012 through | 32720 |
2018, any balance in the school district tangible property tax | 32721 |
replacement fund shall remain in the fund to be used in future | 32722 |
fiscal years for school purposes. | 32723 |
(H) If all of the territory of a school district or joint | 32724 |
vocational school district is merged with another district, or if | 32725 |
a part of the territory of a school district or joint vocational | 32726 |
school district is transferred to an existing or newly created | 32727 |
district, the department of education, in consultation with the | 32728 |
tax commissioner, shall adjust the payments made under this | 32729 |
section as follows: | 32730 |
(1) For a merger of two or more districts, the machinery and | 32731 |
equipment, inventory, furniture and fixtures, and telephone | 32732 |
property fixed-rate levy losses and the fixed-sum levy losses of | 32733 |
the successor district shall be equal to the sum of the machinery | 32734 |
and equipment, inventory, furniture and fixtures, and telephone | 32735 |
property fixed-rate levy losses and debt levy losses as determined | 32736 |
in section 5751.20 of the Revised Code, for each of the districts | 32737 |
involved in the merger. | 32738 |
(2) If property is transferred from one district to a | 32739 |
previously existing district, the amount of machinery and | 32740 |
equipment, inventory, furniture and fixtures, and telephone | 32741 |
property fixed-rate levy losses that shall be transferred to the | 32742 |
recipient district shall be an amount equal to the total machinery | 32743 |
and equipment, inventory, furniture and fixtures, and telephone | 32744 |
property fixed-rate levy losses times a fraction, the numerator of | 32745 |
which is the value of business tangible personal property on the | 32746 |
land being transferred in the most recent year for which data are | 32747 |
available, and the denominator of which is the total value of | 32748 |
business tangible personal property in the district from which the | 32749 |
land is being transferred in the most recent year for which data | 32750 |
are available. | 32751 |
(3) After December 31, 2004, if property is transferred from | 32752 |
one or more districts to a district that is newly created out of | 32753 |
the transferred property, the newly created district shall be | 32754 |
deemed not to have any machinery and equipment, inventory, | 32755 |
furniture and fixtures, or telephone property fixed-rate levy | 32756 |
losses and the districts from which the property was transferred | 32757 |
shall have no reduction in their machinery and equipment, | 32758 |
inventory, furniture and fixtures, and telephone property | 32759 |
fixed-rate levy losses. | 32760 |
(4) If the recipient district under division (H)(2) of this | 32761 |
section or the newly created district under divisions (H)(3) of | 32762 |
this section is assuming debt from one or more of the districts | 32763 |
from which the property was transferred and any of the districts | 32764 |
losing the property had fixed-sum levy losses, the department of | 32765 |
education, in consultation with the tax commissioner, shall make | 32766 |
an equitable division of the fixed-sum levy loss reimbursements. | 32767 |
Sec. 5751.22. (A) Not later than January 1, 2006, the tax | 32768 |
commissioner shall compute the payments to be made to each local | 32769 |
taxing unit for each year according to divisions (A)(1), (2), (3), | 32770 |
and (4) of this section, and shall distribute the payments in the | 32771 |
manner prescribed by division (C) of this section. The calculation | 32772 |
of the fixed-sum levy loss shall cover a time period sufficient to | 32773 |
include all fixed-sum levies for which the commissioner | 32774 |
determined, pursuant to division (E) of section 5751.20 of the | 32775 |
Revised Code, that a fixed-sum levy loss is to be reimbursed. | 32776 |
(1) Except as provided in division (A)(4) of this section, | 32777 |
for machinery and equipment, inventory, and furniture and fixtures | 32778 |
fixed-rate levy losses determined under division (D) of section | 32779 |
5751.20 of the Revised Code, payments shall be made in an amount | 32780 |
equal to each of those losses multiplied by the following: | 32781 |
(a) For tax years 2006 through 2010, one hundred per cent; | 32782 |
(b) For tax year 2011, a fraction, the numerator of which is | 32783 |
fourteen and the denominator of which is seventeen; | 32784 |
(c) For tax year 2012, a fraction, the numerator of which is | 32785 |
eleven and the denominator of which is seventeen; | 32786 |
(d) For tax year 2013, a fraction, the numerator of which is | 32787 |
nine and the denominator of which is seventeen; | 32788 |
(e) For tax year 2014, a fraction, the numerator of which is | 32789 |
seven and the denominator of which is seventeen; | 32790 |
(f) For tax year 2015, a fraction, the numerator of which is | 32791 |
five and the denominator of which is seventeen; | 32792 |
(g) For tax year 2016, a fraction, the numerator of which is | 32793 |
three and the denominator of which is seventeen; | 32794 |
(h) For tax year 2017, a fraction, the numerator of which is | 32795 |
one and the denominator of which is seventeen; | 32796 |
(i) For tax years 2018 and thereafter, no fixed-rate payments | 32797 |
shall be made. | 32798 |
Any qualifying levy that is a fixed-rate levy that is not | 32799 |
applicable to a tax year after 2010 shall not qualify for any | 32800 |
reimbursement after the tax year to which it is last applicable. | 32801 |
(2) Except as provided in division (A)(4) of this section, | 32802 |
for telephone property fixed-rate levy losses determined under | 32803 |
division (D)(4) of section 5751.20 of the Revised Code, payments | 32804 |
shall be made in an amount equal to each of those losses | 32805 |
multiplied by the following: | 32806 |
(a) For tax years 2009 through 2011, one hundred per cent; | 32807 |
(b) For tax year 2012, seven-eighths; | 32808 |
(c) For tax year 2013, six-eighths; | 32809 |
(d) For tax year 2014, five-eighths; | 32810 |
(e) For tax year 2015, four-eighths; | 32811 |
(f) For tax year 2016, three-eighths; | 32812 |
(g) For tax year 2017, two-eighths; | 32813 |
(h) For tax year 2018, one-eighth; | 32814 |
(i) For tax years 2019 and thereafter, no fixed-rate payments | 32815 |
shall be made. | 32816 |
Any qualifying levy that is a fixed-rate levy that is not | 32817 |
applicable to a tax year after 2011 shall not qualify for any | 32818 |
reimbursement after the tax year to which it is last applicable. | 32819 |
(3) For fixed-sum levy losses determined under division (E) | 32820 |
of section 5751.20 of the Revised Code, payments shall be made in | 32821 |
the amount of one hundred per cent of the fixed-sum levy loss for | 32822 |
payments required to be made in 2006 and thereafter. | 32823 |
(4) For taxes levied within the ten-mill limitation for debt | 32824 |
purposes in tax year 2005, payments shall be made based on the | 32825 |
schedule in division (A)(1) of this section for each of the | 32826 |
calendar years 2006 through 2010. For each of the calendar years | 32827 |
2011 through 2017, the percentages for calendar year 2010 shall be | 32828 |
used, as long as the qualifying levy continues to be used for debt | 32829 |
purposes. If the purpose of such a qualifying levy is changed, | 32830 |
that levy becomes subject to the payment schedules in divisions | 32831 |
(A)(1)(a) to (h) of this section. No payments shall be made for | 32832 |
such levies after calendar year 2017. | 32833 |
(B) Beginning in 2007, by the thirty-first day of January of | 32834 |
each year, the tax commissioner shall review the calculation | 32835 |
originally made under division (A) of this section of the | 32836 |
fixed-sum levy losses determined under division (E) of section | 32837 |
5751.20 of the Revised Code. If the commissioner determines that a | 32838 |
fixed-sum levy that had been scheduled to be reimbursed in the | 32839 |
current year has expired, a revised calculation for that and all | 32840 |
subsequent years shall be made. | 32841 |
(C) Payments to local taxing units required to be made under | 32842 |
division (A) of this section shall be paid from the local | 32843 |
government tangible property tax replacement fund to the county | 32844 |
undivided income tax fund in the proper county treasury. Beginning | 32845 |
in May 2006, | 32846 |
that division shall be paid by the last day of May | 32847 |
three-sevenths shall be paid by the last day of August | 32848 |
October each year. Within forty-five days after receipt of such | 32849 |
payments, the county treasurer shall distribute amounts determined | 32850 |
under division (A) of this section to the proper local taxing unit | 32851 |
as if they had been levied and collected as taxes, and the local | 32852 |
taxing unit shall apportion the amounts so received among its | 32853 |
funds in the same proportions as if those amounts had been levied | 32854 |
and collected as taxes. | 32855 |
(D) For each of the fiscal years 2006 through 2019, if the | 32856 |
total amount in the local government tangible property tax | 32857 |
replacement fund is insufficient to make all payments under | 32858 |
division (C) of this section at the times the payments are to be | 32859 |
made, the director of budget and management shall transfer from | 32860 |
the general revenue fund to the local government tangible property | 32861 |
tax replacement fund the difference between the total amount to be | 32862 |
paid and the amount in the local government tangible property tax | 32863 |
replacement fund. For each fiscal year after 2019, at the time | 32864 |
payments under division (A)(2) of this section are to be made, the | 32865 |
director of budget and management shall transfer from the general | 32866 |
revenue fund to the local government property tax replacement fund | 32867 |
the amount necessary to make such payments. | 32868 |
(E) On the fifteenth day of June of each year from 2006 | 32869 |
through 2018, the director of budget and management may transfer | 32870 |
any balance in the local government tangible property tax | 32871 |
replacement fund to the general revenue fund. | 32872 |
(F) If all or a part of the territories of two or more local | 32873 |
taxing units are merged, or unincorporated territory of a township | 32874 |
is annexed by a municipal corporation, the tax commissioner shall | 32875 |
adjust the payments made under this section to each of the local | 32876 |
taxing units in proportion to the tax value loss apportioned to | 32877 |
the merged or annexed territory, or as otherwise provided by a | 32878 |
written agreement between the legislative authorities of the local | 32879 |
taxing units certified to the commissioner not later than the | 32880 |
first day of June of the calendar year in which the payment is to | 32881 |
be made. | 32882 |
Sec. 5751.53. (A) As used in this section: | 32883 |
(1) "Net income" and "taxable year" have the same meanings as | 32884 |
in section 5733.04 of the Revised Code. | 32885 |
(2) "Franchise tax year" means "tax year" as defined in | 32886 |
section 5733.04 of the Revised Code. | 32887 |
(3) "Deductible temporary differences" and "taxable temporary | 32888 |
differences" have the same meanings as those terms have for | 32889 |
purposes of paragraph 13 of the statement of financial accounting | 32890 |
standards, number 109. | 32891 |
(4) "Qualifying taxpayer" means a taxpayer under this chapter | 32892 |
that has a qualifying Ohio net operating loss carryforward equal | 32893 |
to or greater than the qualifying amount. | 32894 |
(5) "Qualifying Ohio net operating loss carryforward" means | 32895 |
an Ohio net operating loss carryforward that the taxpayer could | 32896 |
deduct in whole or in part for franchise tax year 2006 under | 32897 |
section 5733.04 of the Revised Code but for the application of | 32898 |
division (H) of this section. A qualifying Ohio net operating loss | 32899 |
carryforward shall not exceed the amount of loss carryforward from | 32900 |
franchise tax year 2005 as reported by the taxpayer either on a | 32901 |
franchise tax report for franchise tax year 2005 pursuant to | 32902 |
section 5733.02 of the Revised Code or on an amended franchise tax | 32903 |
report prepared in good faith for such year and filed before July | 32904 |
1, 2006. | 32905 |
(6) "Disallowed Ohio net operating loss carryforward" means | 32906 |
the lesser of the amounts described in division (A)(6)(a) or (b) | 32907 |
of this section, but the amounts described in divisions (A)(6)(a) | 32908 |
and (b) of this section shall each be reduced by the qualifying | 32909 |
amount. | 32910 |
(a) The qualifying taxpayer's qualifying Ohio net operating | 32911 |
loss carryforward; | 32912 |
(b) The Ohio net operating loss carryforward amount that the | 32913 |
qualifying taxpayer used to compute the related deferred tax asset | 32914 |
reflected on its books and records on the last day of its taxable | 32915 |
year ending in 2004, adjusted for return to accrual, but this | 32916 |
amount shall be reduced by the qualifying related valuation | 32917 |
allowance amount. For the purposes of this section, the | 32918 |
"qualifying related valuation allowance amount" is the amount of | 32919 |
Ohio net operating loss reflected in the qualifying taxpayer's | 32920 |
computation of the valuation allowance account, as shown on its | 32921 |
books and records on the last day of its taxable year ending in | 32922 |
2004, with respect to the deferred tax asset relating to its Ohio | 32923 |
net operating loss carryforward amount. | 32924 |
(7) "Other net deferred tax items apportioned to this state" | 32925 |
is the product of (a) the amount of other net deferred tax items | 32926 |
and (b) the fraction described in division (B)(2) of section | 32927 |
5733.05 for the qualifying taxpayer's franchise tax year 2005. | 32928 |
(8)(a) Subject to divisions (A)(8)(b) to (d) of this section, | 32929 |
the "amount of other net deferred tax items" is the difference | 32930 |
between (i) the qualifying taxpayer's deductible temporary | 32931 |
differences, net of related valuation allowance amounts, shown on | 32932 |
the qualifying taxpayer's books and records on the last day of its | 32933 |
taxable year ending in 2004, and (ii) the qualifying taxpayer's | 32934 |
taxable temporary differences as shown on those books and records | 32935 |
on that date. The amount of other net deferred tax items may be | 32936 |
less than zero. | 32937 |
(b) For the purposes of computing the amount of the | 32938 |
qualifying taxpayer's other net deferred tax items described in | 32939 |
division (A)(8)(a) of this section, any credit carryforward | 32940 |
allowed under Chapter 5733. of the Revised Code shall be excluded | 32941 |
from the amount of deductible temporary differences to the extent | 32942 |
such credit carryforward amount, net of any related valuation | 32943 |
allowance amount, is otherwise included in the qualifying | 32944 |
taxpayer's deductible temporary differences, net of related | 32945 |
valuation allowance amounts, shown on the qualifying taxpayer's | 32946 |
books and records on the last day of the qualifying taxpayer's | 32947 |
taxable year ending in 2004. | 32948 |
(c) No portion of the disallowed Ohio net operating loss | 32949 |
carryforward shall be included in the computation of the amount of | 32950 |
the qualifying taxpayer's other net deferred tax items described | 32951 |
in division (A)(8)(a) of this section. | 32952 |
(d) In no event shall the amount of other net deferred tax | 32953 |
items apportioned to this state exceed twenty-five per cent of the | 32954 |
qualifying Ohio net operating loss carryforward. | 32955 |
(9) "Amortizable amount" means: | 32956 |
(a) If the qualifying taxpayer's other net deferred tax items | 32957 |
apportioned to this state is equal to or greater than zero, eight | 32958 |
per cent of the sum of the qualifying taxpayer's disallowed Ohio | 32959 |
net operating loss carryforward and the qualifying taxpayer's | 32960 |
other net deferred tax items apportioned to this state; | 32961 |
(b) If the amount of the qualifying taxpayer's other net | 32962 |
deferred tax items apportioned to this state is less than zero and | 32963 |
if the absolute value of the amount of qualifying taxpayer's other | 32964 |
net deferred tax items apportioned to this state is less than the | 32965 |
qualifying taxpayer's disallowed net operating loss, eight per | 32966 |
cent of the difference between the qualifying taxpayer's | 32967 |
disallowed net operating loss carryforward and the absolute value | 32968 |
of the qualifying taxpayer's other net deferred tax items | 32969 |
apportioned to this state; | 32970 |
(c) If the amount of the qualifying taxpayer's other net | 32971 |
deferred tax items apportioned to this state is less than zero and | 32972 |
if the absolute value of the amount of qualifying taxpayer's other | 32973 |
net deferred tax items apportioned to this state is equal to or | 32974 |
greater than the qualifying taxpayer's disallowed net operating | 32975 |
loss, zero. | 32976 |
(10) "Books and records" means the qualifying taxpayer's | 32977 |
books, records, and all other information, all of which the | 32978 |
qualifying taxpayer maintains and uses to prepare and issue its | 32979 |
financial statements in accordance with generally accepted | 32980 |
accounting principles. | 32981 |
(11)(a) Except as modified by division (A)(11)(b) of this | 32982 |
section, "qualifying amount" means fifty million dollars per | 32983 |
person. | 32984 |
(b) If for franchise tax year 2005 the person was a member of | 32985 |
a combined franchise tax report, as provided by section 5733.052 | 32986 |
of the Revised Code, the "qualifying amount" is, in the aggregate, | 32987 |
fifty million dollars for all members of that combined franchise | 32988 |
tax report, and for purposes of divisions (A)(6)(a) and (b) of | 32989 |
this section, those members shall allocate to each member any | 32990 |
portion of the fifty million dollar amount. The total amount | 32991 |
allocated to the members who are qualifying taxpayers shall equal | 32992 |
fifty million dollars. | 32993 |
(B) For each calendar period beginning prior to January 1, | 32994 |
2030, there is hereby allowed a nonrefundable tax credit against | 32995 |
the tax levied each year by this chapter on each qualifying | 32996 |
taxpayer, on each consolidated elected taxpayer having one or more | 32997 |
qualifying taxpayers as a member, and on each combined taxpayer | 32998 |
having one or more qualifying taxpayers as a member. The credit | 32999 |
shall be claimed in the order specified in section 5751.98 of the | 33000 |
Revised Code and is allowed only to reduce the first one-half of | 33001 |
any tax remaining after allowance of the credits that precede it | 33002 |
in section 5751.98 of the Revised Code. No credit under division | 33003 |
(B) of this section shall be allowed against the second one-half | 33004 |
of such remaining tax. | 33005 |
Except as otherwise limited by divisions (C) and (D) of this | 33006 |
section, the maximum amount of the nonrefundable credit that may | 33007 |
be used against the first one-half of the remaining tax for each | 33008 |
calendar year is as follows: | 33009 |
(1) For calendar year 2010, ten per cent of the amortizable | 33010 |
amount; | 33011 |
(2) For calendar year 2011, twenty per cent of the | 33012 |
amortizable amount, less all amounts previously used; | 33013 |
(3) For calendar year 2012, thirty per cent of the | 33014 |
amortizable amount, less all amounts previously used; | 33015 |
(4) For calendar year 2013, forty per cent of the amortizable | 33016 |
amount, less all amounts previously used; | 33017 |
(5) For calendar year 2014, fifty per cent of the amortizable | 33018 |
amount, less all amounts previously used; | 33019 |
(6) For calendar year 2015, sixty per cent of the amortizable | 33020 |
amount, less all amounts previously used; | 33021 |
(7) For calendar year 2016, seventy per cent of the | 33022 |
amortizable amount, less all amounts previously used; | 33023 |
(8) For calendar year 2017, eighty per cent of the | 33024 |
amortizable amount, less all amounts previously used; | 33025 |
(9) For calendar year 2018, ninety per cent of the | 33026 |
amortizable amount, less all amounts previously used; | 33027 |
(10) For each of calendar years 2019 through 2029, one | 33028 |
hundred per cent of the amortizable amount, less all amounts used | 33029 |
in all previous years. | 33030 |
In no event shall the cumulative credit used for calendar | 33031 |
years 2010 through 2029 exceed one hundred per cent of the | 33032 |
amortizable amount. | 33033 |
(C)(1) Except as otherwise set forth in division (C)(2) of | 33034 |
this section, a refundable credit is allowed in calendar year 2030 | 33035 |
for any portion of the qualifying taxpayer's amortizable amount | 33036 |
that is not used in accordance with division (B) of this section | 33037 |
against the tax levied by this chapter on all taxpayers. | 33038 |
(2) Division (C)(1) of this section shall not apply and no | 33039 |
refundable credit shall be available to any person if during any | 33040 |
portion of the calendar year 2030 the person is not subject to the | 33041 |
tax imposed by this chapter. | 33042 |
(D) Not later than June 30, 2006, each qualifying taxpayer, | 33043 |
consolidated elected taxpayer, or combined taxpayer that will | 33044 |
claim for any year the credit allowed in divisions (B) and (C) of | 33045 |
this section shall file with the tax commissioner a report setting | 33046 |
forth the amortizable amount available to such taxpayer and all | 33047 |
other related information that the commissioner, by rule, | 33048 |
requires. If the taxpayer does not timely file the report or fails | 33049 |
to provide timely all information required by this division, the | 33050 |
taxpayer is precluded from claiming any credit amounts described | 33051 |
in divisions (B) and (C) of this section. Unless extended by | 33052 |
mutual consent, the tax commissioner may, until June 30, 2010, | 33053 |
audit the accuracy of the amortizable amount available to each | 33054 |
taxpayer that will claim the credit, and adjust the amortizable | 33055 |
amount or, if appropriate, issue any assessment or final | 33056 |
determination, as applicable, necessary to correct any errors | 33057 |
found upon audit. | 33058 |
(E) For the purpose of calculating the amortizable amount, if | 33059 |
the tax commissioner ascertains that any portion of that amount is | 33060 |
the result of a sham transaction as described in section 5703.56 | 33061 |
of the Revised Code, the commissioner shall reduce the amortizable | 33062 |
amount by two times the adjustment. | 33063 |
(F) If one entity transfers all or a portion of its assets | 33064 |
and equity to another entity as part of an entity organization or | 33065 |
reorganization or subsequent entity organization or reorganization | 33066 |
for which no gain or loss is recognized in whole or in part for | 33067 |
federal income tax purposes under the Internal Revenue Code, the | 33068 |
credits allowed by this section shall be computed in a manner | 33069 |
consistent with that used to compute the portion, if any, of | 33070 |
federal net operating losses allowed to the respective entities | 33071 |
under the Internal Revenue Code. The tax commissioner may | 33072 |
prescribe forms or rules for making the computations required by | 33073 |
this division. | 33074 |
(G)(1) Except as provided in division (F) of this section, no | 33075 |
person shall pledge, collateralize, hypothecate, assign, convey, | 33076 |
sell, exchange, or otherwise dispose of any or all tax credits, or | 33077 |
any portion of any or all tax credits allowed under this section. | 33078 |
(2) No credit allowed under this section is subject to | 33079 |
execution, attachment, lien, levy, or other judicial proceeding. | 33080 |
(H)(1)(a) Except as set forth in division (H)(1)(b) of this | 33081 |
section and notwithstanding division (I)(1) of section 5733.04 of | 33082 |
the Revised Code to the contrary, each person timely and fully | 33083 |
complying with the reporting requirements set forth in division | 33084 |
(D) of this section shall not claim, and shall not be entitled to | 33085 |
claim, any deduction or adjustment for any Ohio net operating loss | 33086 |
carried forward to any one or more franchise tax years after | 33087 |
franchise tax year 2005. | 33088 |
(b) Division (H)(1)(a) of this section applies only to the | 33089 |
portion of the Ohio net operating loss represented by the | 33090 |
disallowed Ohio net operating loss carryforward. | 33091 |
(2) Notwithstanding division (I) of section 5733.04 of the | 33092 |
Revised Code to the contrary, with respect to all franchise tax | 33093 |
years after franchise tax year 2005, each person timely and fully | 33094 |
complying with the reporting requirements set forth in division | 33095 |
(D) of this section shall not claim, and shall not be entitled to | 33096 |
claim, any deduction, exclusion, or adjustment with respect to | 33097 |
deductible temporary differences reflected on the person's books | 33098 |
and records on the last day of its taxable year ending in 2004. | 33099 |
(3)(a) Except as set forth in division (H)(3)(b) of this | 33100 |
section and notwithstanding division (I) of section 5733.04 of the | 33101 |
Revised Code to the contrary, with respect to all franchise tax | 33102 |
years after franchise tax year 2005, each person timely and fully | 33103 |
complying with the reporting requirements set forth in division | 33104 |
(D) of this section shall exclude from Ohio net income all taxable | 33105 |
temporary differences reflected on the person's books and records | 33106 |
on the last day of its taxable year ending in 2004. | 33107 |
(b) In no event shall the exclusion provided by division | 33108 |
(H)(3)(a) of this section for any franchise tax year exceed the | 33109 |
amount of the taxable temporary differences otherwise included in | 33110 |
Ohio net income for that year. | 33111 |
(4) Divisions (H)(2) and (3) of this section shall apply only | 33112 |
to the extent such items were used in the calculations of the | 33113 |
credit provided by this section. | 33114 |
Sec. 5919.19. (A) There is hereby created the commemorative | 33115 |
Ohio national guard service medal. The adjutant general shall | 33116 |
design the medal and administer the program for its distribution. | 33117 |
Former members of the Ohio national guard who have been honorably | 33118 |
or medically discharged or released from service in the Ohio | 33119 |
national guard are eligible, upon application, to receive the | 33120 |
medal. | 33121 |
Eligible persons who apply to receive the medal shall submit | 33122 |
to the adjutant general a copy of their DD-214 form or NGB-22 form | 33123 |
and a fee in an amount to be determined by the adjutant general. | 33124 |
The adjutant general shall set the fee at an amount necessary to | 33125 |
cover the cost of producing the medal. | 33126 |
(B) There is hereby created in the state treasury the | 33127 |
national guard service medal fund. Fees collected from applicants | 33128 |
for the medal as well as any appropriations made by the general | 33129 |
assembly for purposes of the medal program shall be paid into the | 33130 |
state treasury to the credit of the fund. The fund shall be used | 33131 |
to pay for the production of the medal. | 33132 |
Sec. 6121.02. There is hereby created the Ohio water | 33133 |
development authority. Such authority is a body both corporate and | 33134 |
politic in this state, and the carrying out of its purposes and | 33135 |
the exercise by it of the powers conferred by | 33136 |
33137 | |
determined to be, essential governmental functions and public | 33138 |
purposes of the state, but the authority is not immune from | 33139 |
liability by reason thereof. The authority is subject to all | 33140 |
provisions of law generally applicable to state agencies | 33141 |
that do not conflict with this chapter. | 33142 |
The authority shall consist of eight members as follows: five | 33143 |
members appointed by the governor, with the advice and consent of | 33144 |
the senate, no more than three of whom shall be members of the | 33145 |
same political party, and the directors of natural resources, | 33146 |
environmental protection, and development, who shall be members ex | 33147 |
officio without compensation. The director of development may | 33148 |
designate a person in the unclassified civil service to serve in | 33149 |
the director's place as a member of the authority notwithstanding | 33150 |
section 121.05 of the Revised Code. The appointive members shall | 33151 |
be residents of the state, and shall have been qualified electors | 33152 |
therein for a period of at least five years next preceding their | 33153 |
appointment. Appointed members' terms of office shall be for eight | 33154 |
years, commencing on the second day of July and ending on the | 33155 |
first day of July. Each member shall hold office from the date of | 33156 |
appointment until the end of the term for which the member was | 33157 |
appointed. Any member appointed to fill a vacancy occurring prior | 33158 |
to the expiration of the term for which the member's predecessor | 33159 |
was appointed shall hold office for the remainder of such term. | 33160 |
Any appointed member shall continue in office subsequent to the | 33161 |
expiration date of the member's term until the member's successor | 33162 |
takes office, or until a period of sixty days has elapsed, | 33163 |
whichever occurs first. A member of the authority is eligible for | 33164 |
reappointment. Each appointed member of the authority, before | 33165 |
entering upon the performance of the duties of the office, shall | 33166 |
take an oath as provided by Section 7 of Article XV, Ohio | 33167 |
Constitution. The governor may at any time remove any member of | 33168 |
the authority for misfeasance, nonfeasance, or malfeasance in | 33169 |
office. | 33170 |
The authority shall elect one of its appointed members as | 33171 |
chairperson and another as vice-chairperson, and shall appoint a | 33172 |
secretary-treasurer who need not be a member of the authority. | 33173 |
Four members of the authority shall constitute a quorum, and the | 33174 |
affirmative vote of four members shall be necessary for any action | 33175 |
taken by vote of the authority. No vacancy in the membership of | 33176 |
the authority shall impair the rights of a quorum by such vote to | 33177 |
exercise all the rights and perform all the duties of the | 33178 |
authority. | 33179 |
Before the issuance of any water development revenue bonds | 33180 |
under | 33181 |
appointed member of the authority shall give a surety bond to the | 33182 |
state in the penal sum of twenty-five thousand dollars and the | 33183 |
secretary-treasurer shall give such a bond in the penal sum of | 33184 |
fifty thousand dollars, each such surety bond to be conditioned | 33185 |
upon the faithful performance of the duties of the office, to be | 33186 |
executed by a surety company authorized to transact business in | 33187 |
this state, and to be approved by the governor and filed in the | 33188 |
office of the secretary of state. Each appointed member of the | 33189 |
authority shall receive an annual salary of five thousand dollars, | 33190 |
payable in monthly installments, and is entitled to health care | 33191 |
benefits comparable to those generally available to state officers | 33192 |
and employees under section 124.82 of the Revised Code. If Section | 33193 |
20 of Article II, Ohio Constitution, prohibits the Ohio water | 33194 |
development authority from paying all or a part of the cost of | 33195 |
health care benefits on behalf of a member of the authority for | 33196 |
the remainder of an existing term, the member may receive these | 33197 |
benefits by paying their total cost from the member's own | 33198 |
financial resources, including paying by means of deductions from | 33199 |
the member's salary. Each member shall be reimbursed for actual | 33200 |
expenses necessarily incurred in the performance of official | 33201 |
duties. All expenses incurred in
carrying out | 33202 |
chapter shall be payable solely from funds provided under
| 33203 |
33204 | |
purpose by the general assembly and no liability or obligation | 33205 |
shall be incurred by the authority beyond the extent to which | 33206 |
moneys have been provided under | 33207 |
appropriations. | 33208 |
Section 101.02. That existing sections 9.41, 9.901, 101.543, | 33209 |
107.40, 109.57, 109.572, 113.09, 113.11, 113.12, 117.45, 117.46, | 33210 |
117.47, 117.48, 120.36, 120.52, 120.521, 120.53, 121.37, 122.17, | 33211 |
122.171, 122.72, 122.73, 122.74, 122.90, 124.09, 124.11, 124.137, | 33212 |
124.138, 124.139, 124.14, 124.151, 124.152, 124.18, 124.181, | 33213 |
124.182, 124.321, 124.327, 124.382, 124.384, 124.387, 124.389, | 33214 |
124.391, 124.82, 124.821, 124.822, 124.823, 124.84, 125.21, | 33215 |
126.07, 126.21, 126.22, 131.01, 131.02, 131.33, 133.01, 133.04, | 33216 |
133.06, 133.12, 133.18, 141.08, 141.10, 145.70, 173.14, 173.39, | 33217 |
173.391, 173.41, 184.20, 319.301, 340.021, 742.57, 901.23, 927.39, | 33218 |
927.40, 927.41, 927.42, 955.011, 955.16, 955.43, 1309.102, | 33219 |
1309.520, 1309.521, 1317.07, 1321.02, 1333.11, 1523.02, 1901.31, | 33220 |
1901.311, 1901.32, 1901.33, 2151.357, 2305.2341, 2503.20, 2913.01, | 33221 |
2913.02, 2921.321, 2923.46, 2925.44, 2933.43, 3109.14, 3301.0714, | 33222 |
3302.021, 3307.32, 3309.68, 3310.03, 3310.06, 3313.29, 3313.372, | 33223 |
3313.61, 3313.64, 3313.6410, 3313.813, 3314.02, 3314.03, 3314.08, | 33224 |
3314.26, 3314.35, 3314.36, 3315.01, 3317.01, 3317.015, 3317.02, | 33225 |
3317.021, 3317.022, 3317.024, 3317.029, 3317.0216, 3317.03, | 33226 |
3317.051, 3317.053, 3317.06, 3317.07, 3317.082, 3317.11, 3317.19, | 33227 |
3318.052, 3318.37, 3319.17, 3323.091, 3323.13, 3323.20, 3345.05, | 33228 |
3353.02, 3354.10, 3355.07, 3357.10, 3358.06, 3365.02, 3375.121, | 33229 |
3381.15, 3381.17, 3517.152, 3701.041, 3701.341, 3701.65, 3705.242, | 33230 |
3734.57, 3735.67, 3745.114, 3905.43, 4109.01, 4109.02, 4109.06, | 33231 |
4117.01, 4303.29, 4731.22, 4731.281, 4781.04, 4905.79, 5111.061, | 33232 |
5111.081, 5111.082, 5111.083, 5111.084, 5111.085, 5111.11, | 33233 |
5111.20, 5111.222, 5111.231, 5111.244, 5111.27, 5111.31, 5111.88, | 33234 |
5111.882, 5111.889, 5111.8811, 5111.8812, 5112.08, 5112.18, | 33235 |
5112.31, 5115.04, 5119.16, 5123.0413, 5123.196, 5123.36, 5139.50, | 33236 |
5505.27, 5531.10, 5577.99, 5703.21, 5703.57, 5705.03, 5705.091, | 33237 |
5705.19, 5705.195, 5705.34, 5709.08, 5709.081, 5709.40, 5709.42, | 33238 |
5709.43, 5709.73, 5709.74, 5709.75, 5709.78, 5709.79, 5709.80, | 33239 |
5711.01, 5725.221, 5727.06, 5727.85, 5729.05, 5733.01, 5733.352, | 33240 |
5733.56, 5733.98, 5735.27, 5739.01, 5739.011, 5739.026, 5739.211, | 33241 |
5741.031, 5743.025, 5743.03, 5743.04, 5743.05, 5743.08, 5743.081, | 33242 |
5743.12, 5743.13, 5743.15, 5743.33, 5743.34, 5743.35, 5745.01, | 33243 |
5747.01, 5747.012, 5747.05, 5747.056, 5747.11, 5747.331, 5748.01, | 33244 |
5748.02, 5751.01, 5751.011, 5751.032, 5751.04, 5751.05, 5751.051, | 33245 |
5751.10, 5751.20, 5751.21, 5751.22, 5751.53, and 6121.02 of the | 33246 |
Revised Code are hereby repealed. | 33247 |
Section 105.01. That sections 3325.12, 3325.17, 3365.11, | 33248 |
4732.04, and 5111.18 of the Revised Code are hereby repealed. | 33249 |
Section 203.10. All items set forth in Sections 203.20 and | 33250 |
203.30 of this act are hereby appropriated out of any moneys in | 33251 |
the General Revenue Fund (GRF) that are not otherwise | 33252 |
appropriated: | 33253 |
Reappropriations |
Section 203.20. DAS DEPARTMENT OF ADMINISTRATIVE SERVICES | 33254 |
CAP-786 | Rural Areas Community Improvements | $ | 45,000 | 33255 | |||
CAP-817 | Urban Areas Community Improvements | $ | 918,900 | 33256 | |||
Total Department of Administrative Services | $ | 963,900 | 33257 |
RURAL AREAS COMMUNITY IMPROVEMENTS | 33258 |
From the foregoing appropriation item CAP-786, Rural Areas | 33259 |
Community Improvements, grants shall be made for the following | 33260 |
projects: $20,000 for the Red Mill Creek Water Retention Basin | 33261 |
and $25,000 for the Lawrence County Water Projects. | 33262 |
URBAN AREAS COMMUNITY IMPROVEMENTS | 33263 |
From the foregoing appropriation item CAP-817, Urban Areas | 33264 |
Community Improvements, grants shall be made for the following | 33265 |
projects: $50,000 for the Brown Senior Center Renovations; | 33266 |
$100,000 for Project AHEAD Facility Improvements; $75,000 for the | 33267 |
J. Frank-Troy Senior Citizens Center; $50,000 for the Beech Acres | 33268 |
Family Center; $23,900 for the Canton Jewish Women's Center; | 33269 |
$450,000 for the Gateway Social Services Building; $50,000 for the | 33270 |
Loew Field Improvements; $20,000 for the Harvard Community | 33271 |
Services Center Renovation & Expansion; $20,000 for the Collinwood | 33272 |
Community Service Center Repair & Renovation; and $80,000 for | 33273 |
Bowman Park - City of Toledo. | 33274 |
Reappropriations |
Section 203.30. DNR DEPARTMENT OF NATURAL RESOURCES | 33275 |
CAP-823 | Cost Sharing-Pollution Abatement | $ | 22,538 | 33276 | |||
CAP-942 | Local Parks Projects | $ | 80,225 | 33277 | |||
CAP-999 | Geographic Information Management System | $ | 1,085 | 33278 | |||
Total Department of Natural Resources | $ | 103,847 | 33279 | ||||
TOTAL GRF General Revenue Fund | $ | 1,067,747 | 33280 |
LOCAL PARKS PROJECTS | 33281 |
From the foregoing appropriation item CAP-942, Local Parks | 33282 |
Projects, $75,000 shall be granted for the Liberty Township | 33283 |
Playground. | 33284 |
Section 203.40. No expenditures shall be made from any of | 33285 |
the items appropriated from the General Revenue Fund in Sections | 33286 |
203.20 and 203.30 of this act until the funds are released by the | 33287 |
Controlling Board. | 33288 |
Section 205.10. All items set forth in this section are | 33289 |
hereby appropriated out of any moneys in the state treasury to the | 33290 |
credit of the Wildlife Fund (Fund 015) that are not otherwise | 33291 |
appropriated: | 33292 |
Reappropriations |
33293 |
CAP-117 | Cooper Hollow Wildlife Area | $ | 4,815 | 33294 | |||
CAP-161 | Tranquility Wildlife Area | $ | 1,286 | 33295 | |||
CAP-216 | Killbuck Creek Wildlife Area | $ | 550 | 33296 | |||
CAP-387 | Access Development | $ | 2,459,274 | 33297 | |||
CAP-702 | Upgrade Underground Fuel Tanks | $ | 134,945 | 33298 | |||
CAP-703 | Cap Abandoned Water Wells | $ | 57,125 | 33299 | |||
CAP-754 | Tiffin River Wildlife Area | $ | 1,000 | 33300 | |||
CAP-834 | Appraisal Fees - Statewide | $ | 52,445 | 33301 | |||
CAP-852 | Wildlife Area Building Development/Renovation | $ | 3,376,004 | 33302 | |||
CAP-881 | Dam Rehabilitation | $ | 500,000 | 33303 | |||
CAP-995 | Boundary Protection | $ | 100,000 | 33304 | |||
Total Department of Natural Resources | $ | 6,687,444 | 33305 | ||||
TOTAL Wildlife Fund | $ | 6,687,444 | 33306 |
Section 207.10. The items set forth in this section are | 33308 |
hereby appropriated out of any moneys in the state treasury to the | 33309 |
credit of the Public School Building Fund (Fund 021) that are not | 33310 |
otherwise appropriated: | 33311 |
Reappropriations |
33312 |
CAP-622 | Public School Buildings | $ | 30,219,647 | 33313 | |||
CAP-778 | Exceptional Needs | $ | 1,440,286 | 33314 | |||
CAP-783 | Emergency School Building Assistance | $ | 15,000,000 | 33315 | |||
Total School Facilities Commission | $ | 46,659,933 | 33316 | ||||
TOTAL Public School Building Fund | $ | 46,659,933 | 33317 |
Section 209.10. The items set forth in this section are | 33319 |
hereby appropriated out of any moneys in the state treasury to the | 33320 |
credit of the Highway Safety Fund (Fund 036) that are not | 33321 |
otherwise appropriated: | 33322 |
Reappropriations |
33323 |
CAP-045 | Platform Scales Improvements | $ | 400,000 | 33324 | |||
CAP-072 | Patrol Academy Infrastructure Improvements | $ | 750,000 | 33325 | |||
CAP-077 | Van Wert Patrol Post | $ | 31,567 | 33326 | |||
CAP-079 | Ironton Patrol Post | $ | 1,900,000 | 33327 | |||
Total Department of Public Safety | $ | 3,081,567 | 33328 | ||||
TOTAL Highway Safety Fund | $ | 3,081,567 | 33329 |
Section 211.10. All items set forth in this section are | 33331 |
hereby appropriated out of any moneys in the state treasury to the | 33332 |
credit of the Waterways Safety Fund (Fund 086) that are not | 33333 |
otherwise appropriated: | 33334 |
Reappropriations |
33335 |
CAP-082 | Lake Loramie State Park | $ | 128,617 | 33336 | |||
CAP-205 | Deer Creek State Park | $ | 360,000 | 33337 | |||
CAP-324 | Cooperative Funding for Boating Facilities | $ | 10,934,559 | 33338 | |||
CAP-390 | State Park Maintenance Facility Development | $ | 1,821,093 | 33339 | |||
CAP-934 | Operations Facilities Development | $ | 1,141,508 | 33340 | |||
Total Department of Natural Resources | $ | 14,385,777 | 33341 | ||||
TOTAL Waterways Safety Fund | $ | 14,385,777 | 33342 |
Section 213.10. All items set forth in this section are | 33344 |
hereby appropriated out of any moneys in the state treasury to the | 33345 |
credit of the Underground Parking Garage Operating Fund (Fund 208) | 33346 |
that are not otherwise appropriated: | 33347 |
Reappropriations |
33348 |
CAP-004 | Emergency Generator and Lighting System | $ | 200,000 | 33349 | |||
CAP-008 | Install Garage Oil Interceptor System | $ | 60,000 | 33350 | |||
CAP-009 | Garage Fire Suppression System | $ | 706,631 | 33351 | |||
Total Capitol Square Review and Advisory Board | $ | 966,631 | 33352 | ||||
TOTAL Underground Parking Garage Operating Fund | $ | 966,631 | 33353 |
UNDERGROUND PARKING GARAGE FIRE SUPPRESSION SYSTEM | 33354 |
Appropriation item CAP-009, Garage Fire Suppression System, | 33355 |
in the Underground Parking Garage Operating Fund (Fund 208), shall | 33356 |
be used for completion of the second and final phase of a fire | 33357 |
suppression system in the Statehouse garage. Notwithstanding any | 33358 |
section of the Revised Code, any transfer or disbursement of | 33359 |
moneys from appropriation item CAP-009, Garage Fire Suppression | 33360 |
System, for this purpose shall be subject to Controlling Board | 33361 |
approval. | 33362 |
Section 215.10. The items set forth in this section are | 33363 |
hereby appropriated out of any moneys in the state treasury to the | 33364 |
credit of the Nursing Home - Federal Fund (Fund 319) that are not | 33365 |
otherwise appropriated: | 33366 |
Reappropriations |
33367 |
430-776 | Mechanical Systems Upgrade | $ | 1,560,000 | 33368 | |||
430-777 | Secrest Kitchen Improvements | $ | 260,000 | 33369 | |||
430-778 | Corridor Renovations | $ | 325,000 | 33370 | |||
430-781 | Secrest/Veterans' Hall Roof Replacement | $ | 552,500 | 33371 | |||
Total Ohio Veterans' Home | $ | 2,697,500 | 33372 | ||||
TOTAL Nursing Home - Federal Fund | $ | 2,697,500 | 33373 |
Section 217.10. All items set forth in this section are | 33375 |
hereby appropriated out of any moneys in the state treasury to the | 33376 |
credit of the Army National Guard Service Contract Fund (Fund 342) | 33377 |
that are not otherwise appropriated: | 33378 |
Reappropriations |
33379 |
CAP-065 | Local Armory Construction/Federal | $ | 5,845,553 | 33380 | |||
Total Adjutant General | $ | 5,845,553 | 33381 | ||||
TOTAL Army National Guard Service Contract Fund | $ | 5,845,553 | 33382 |
Section 219.10. All items set forth in this section are | 33384 |
hereby appropriated out of any moneys in the state treasury to the | 33385 |
credit of the Special Administrative Fund (Fund 4A9) that are not | 33386 |
otherwise appropriated: | 33387 |
Reappropriations |
33388 |
CAP-027 | Various Renovations - Local Offices | $ | 2,076,956 | 33389 | |||
CAP-702 | Central Office Building Renovations | $ | 16,000,000 | 33390 | |||
Total Department of Job and Family Services | $ | 18,076,956 | 33391 | ||||
TOTAL Special Administrative Fund | $ | 18,076,956 | 33392 |
CENTRAL OFFICE BUILDING RENOVATIONS SPENDING AND REPAYMENT | 33393 |
PLAN | 33394 |
Funds appropriated in the foregoing appropriation item | 33395 |
CAP-702, Central Office Building Renovations, are to be released | 33396 |
for expenditure only after approval of the Unemployment | 33397 |
Compensation Advisory Council created under section 4141.08 of the | 33398 |
Revised Code. The amount to be released shall be based on a | 33399 |
spending plan, which may include a repayment schedule, approved by | 33400 |
the Council. Once approval is received, the Director of Job and | 33401 |
Family Services shall request the Director of Budget and | 33402 |
Management or the Controlling Board to release the appropriation. | 33403 |
Section 221.10. The items set forth in this section are | 33404 |
hereby appropriated out of any moneys in the state treasury to the | 33405 |
credit of the Community Match Armories Fund (Fund 5U8) that are | 33406 |
not otherwise appropriated: | 33407 |
Reappropriations |
33408 |
CAP-066 | Armory Construction/Local | $ | 4,273,922 | 33409 | |||
Total Adjutant General | $ | 4,273,922 | 33410 | ||||
TOTAL Community Match Armories Fund | $ | 4,273,922 | 33411 |
Section 223.10. The items set forth in this section are | 33413 |
hereby appropriated out of any moneys in the state treasury to the | 33414 |
credit of the State Fire Marshal Fund (Fund 546) that are not | 33415 |
otherwise appropriated: | 33416 |
Reappropriations |
33417 |
CAP-015 | Site Improvements | $ | 646 | 33418 | |||
CAP-016 | MARCS Radio Communication | $ | 33,187 | 33419 | |||
Total Department of Commerce | $ | 33,833 | 33420 | ||||
TOTAL State Fire Marshal Fund | $ | 33,833 | 33421 |
Section 225.10. The items set forth in this section are | 33423 |
hereby appropriated out of any moneys in the state treasury to the | 33424 |
credit of the Veterans' Home Improvement Fund (Fund 604) that are | 33425 |
not otherwise appropriated: | 33426 |
Reappropriations |
33427 |
CAP-776 | Mechanical Systems Upgrade | $ | 811,800 | 33428 | |||
CAP-777 | Secrest Kitchen Improvements | $ | 95,318 | 33429 | |||
CAP-778 | Corridor Renovations | $ | 120,344 | 33430 | |||
CAP-779 | Service Building | $ | 33,410 | 33431 | |||
CAP-781 | Secrest/Veterans' Hall Roof Replacement | $ | 293,378 | 33432 | |||
CAP-782 | HVAC Controls Upgrade | $ | 135,000 | 33433 | |||
CAP-783 | Resident Security Upgrade | $ | 50,000 | 33434 | |||
CAP-784 | Multipurpose/Employee Locker Room | $ | 228,680 | 33435 | |||
Total Ohio Veterans' Home | $ | 1,767,930 | 33436 | ||||
TOTAL Veterans' Home Improvement Fund | $ | 1,767,930 | 33437 |
Section 227.10. All items set forth in this section are | 33439 |
hereby appropriated out of any moneys in the state treasury to the | 33440 |
credit of the Education Facilities Trust Fund (Fund N87) that are | 33441 |
not otherwise appropriated: | 33442 |
Reappropriations |
33443 |
CAP-780 | Classroom Facilities Assistance Program | $ | 107,244,971 | 33444 | |||
CAP-784 | Exceptional Needs Program | $ | 7,097,377 | 33445 | |||
Total School Facilities Commission | $ | 114,342,348 | 33446 | ||||
TOTAL Education Facilities Trust Fund | $ | 114,342,348 | 33447 |
Section 229.10. All items set forth in this section are | 33449 |
hereby appropriated out of any moneys in the state treasury to the | 33450 |
credit of the Clean Ohio Revitalization Fund (Fund 003) that are | 33451 |
not otherwise appropriated: | 33452 |
Reappropriations |
33453 |
CAP-001 | Clean Ohio Revitalization | $ | 40,702,351 | 33454 | |||
CAP-002 | Clean Ohio Assistance | $ | 13,208,076 | 33455 | |||
Total Department of Development | $ | 53,910,427 | 33456 | ||||
TOTAL Clean Ohio Revitalization Fund | $ | 53,910,427 | 33457 |
Section 231.10. All items set forth in this section are | 33459 |
hereby appropriated out of any moneys in the state treasury to the | 33460 |
credit of the Job Ready Site Development Fund (Fund 012) that are | 33461 |
not otherwise appropriated: | 33462 |
33463 |
Reappropriations |
CAP-003 | Job Ready Site Development | $ | 30,000,000 | 33464 | |||
Total Department of Development | $ | 30,000,000 | 33465 | ||||
TOTAL Job Ready Site Development Fund | $ | 30,000,000 | 33466 |
Section 233.10. All items set forth in this section are | 33468 |
hereby appropriated out of any moneys in the state treasury to the | 33469 |
credit of the Highway Safety Building Fund (Fund 025) that are not | 33470 |
otherwise appropriated: | 33471 |
Reappropriations |
33472 |
CAP-047 | Public Safety Office Building | $ | 2,710,400 | 33473 | |||
CAP-068 | Alum Creek Warehouse Renovations | $ | 84,207 | 33474 | |||
CAP-069 | Centre School Renovations | $ | 20,219 | 33475 | |||
CAP-070 | Canton One Stop Shop | $ | 731,000 | 33476 | |||
CAP-076 | Investigative Unit MARCS Equipment | $ | 15,877 | 33477 | |||
Total Department of Public Safety | $ | 3,561,703 | 33478 | ||||
TOTAL Highway Safety Building Fund | $ | 3,561,703 | 33479 |
Section 235.10. All items set forth in Sections 235.20 to | 33481 |
236.20 of this act are hereby appropriated out of any moneys in | 33482 |
the state treasury to the credit of the Administrative Building | 33483 |
Fund (Fund 026) that are not otherwise appropriated: | 33484 |
Reappropriations |
Section 235.20. ADJ ADJUTANT GENERAL | 33485 |
CAP-032 | Upgrade Underground Storage Tanks | $ | 46,078 | 33486 | |||
CAP-034 | Asbestos Abatement - Various Facilities | $ | 6,392 | 33487 | |||
CAP-036 | Roof Replacement - Various Facilities | $ | 337,408 | 33488 | |||
CAP-038 | Electrical System - Various Facilities | $ | 164,912 | 33489 | |||
CAP-039 | Camp Perry Facility Improvements | $ | 235,272 | 33490 | |||
CAP-044 | Replace Windows/Doors - Various Facilities | $ | 257,459 | 33491 | |||
CAP-045 | Plumbing Renovations - Various Facilities | $ | 283,022 | 33492 | |||
CAP-046 | Paving Renovations - Various Facilities | $ | 788,000 | 33493 | |||
CAP-050 | HVAC Systems - Various Facilities | $ | 193,552 | 33494 | |||
CAP-054 | Construct Camp Perry Administration Building | $ | 6,540 | 33495 | |||
CAP-056 | Masonry Renovations - Various Facilities | $ | 181,096 | 33496 | |||
CAP-057 | Sewer Improvement - Rickenbacker | $ | 1,300 | 33497 | |||
CAP-059 | Construct Bowling Green Armory | $ | 14,151 | 33498 | |||
CAP-060 | Facility Protection Measures | $ | 463,246 | 33499 | |||
CAP-061 | Repair/Renovate Waste Water System | $ | 200,000 | 33500 | |||
CAP-068 | Norwalk Armory Storage Facility | $ | 15,000 | 33501 | |||
CAP-069 | Construct Marysville Armory/Community Center | $ | 2,883,475 | 33502 | |||
Total Adjutant General | $ | 6,076,903 | 33503 |
NEW ARMORY CONSTRUCTION | 33504 |
The foregoing appropriation item CAP-059, Construct Bowling | 33505 |
Green Armory, shall be used to fund the state's share of the cost | 33506 |
of building a basic armory in the Bowling Green area, including | 33507 |
the cost of site acquisition, site preparation, and planning and | 33508 |
design. Appropriations shall not be released for this item without | 33509 |
a certification by the Adjutant General to the Director of Budget | 33510 |
and Management that sufficient moneys have been allocated for the | 33511 |
federal share of the cost of construction. | 33512 |
The amount reappropriated for appropriation item CAP-059, | 33513 |
Construct Bowling Green Armory, is the unencumbered and unallotted | 33514 |
balance as of June 30, 2006, in appropriation item CAP-059, | 33515 |
Construct Bowling Green Armory, plus $14,151. | 33516 |
Reappropriations |
Section 235.30. DAS DEPARTMENT OF ADMINISTRATIVE SERVICES | 33517 |
CAP-809 | Hazardous Substance Abatement | $ | 1,609,476 | 33518 | |||
CAP-811 | Health/EPA Laboratory Facilities | $ | 1,116,354 | 33519 | |||
CAP-822 | Americans with Disabilities Act | $ | 1,598,416 | 33520 | |||
CAP-826 | Office Services Building Renovation | $ | 86,483 | 33521 | |||
CAP-827 | Statewide Communications System | $ | 16,943,803 | 33522 | |||
CAP-834 | Capital Project Management System | $ | 1,157,600 | 33523 | |||
CAP-835 | Energy Conservation Projects | $ | 890,085 | 33524 | |||
CAP-837 | Major Computer Purchases | $ | 1,476,068 | 33525 | |||
CAP-838 | SOCC Renovations | $ | 1,399,122 | 33526 | |||
CAP-844 | Hamilton State/Local Government Center - Planning | $ | 57,500 | 33527 | |||
CAP-849 | Facility Planning and Development | $ | 3,492,200 | 33528 | |||
CAP-850 | Education Building Renovations | $ | 14,649 | 33529 | |||
CAP-852 | North High Building Complex Renovations | $ | 11,534,496 | 33530 | |||
CAP-855 | Office Space Planning | $ | 5,274,502 | 33531 | |||
CAP-856 | Governor's Residence Security Update | $ | 6,433 | 33532 | |||
CAP-859 | eSecure Ohio | $ | 2,626,921 | 33533 | |||
CAP-860 | Structured Cabling | $ | 403,518 | 33534 | |||
CAP-864 | eGovernment Infrastructure | $ | 1,297,400 | 33535 | |||
CAP-865 | DAS Building Security | $ | 140,852 | 33536 | |||
CAP-866 | OH*1 Network | $ | 4,000,000 | 33537 | |||
CAP-867 | Lausche Building Connector | $ | 1,307,200 | 33538 | |||
CAP-868 | Riversouth Development | $ | 18,500,000 | 33539 | |||
Total Department of Administrative Services | $ | 74,933,078 | 33540 |
HAZARDOUS SUBSTANCE ABATEMENT IN STATE FACILITIES | 33541 |
The foregoing appropriation item CAP-809, Hazardous Substance | 33542 |
Abatement, shall be used to fund the removal of asbestos, PCB, | 33543 |
radon gas, and other contamination hazards from state facilities. | 33544 |
Prior to the release of funds for asbestos abatement, the | 33545 |
Department of Administrative Services shall review proposals from | 33546 |
state agencies to use these funds for asbestos abatement projects | 33547 |
based on criteria developed by the Department of Administrative | 33548 |
Services. Upon a determination by the Department of Administrative | 33549 |
Services that the requesting agency cannot fund the asbestos | 33550 |
abatement project or other toxic materials removal through | 33551 |
existing capital and operating appropriations, the Department may | 33552 |
request the release of funds for such projects by the Controlling | 33553 |
Board. State agencies intending to fund asbestos abatement or | 33554 |
other toxic materials removal through existing capital and | 33555 |
operating appropriations shall notify the Director of | 33556 |
Administrative Services of the nature and scope prior to | 33557 |
commencing the project. | 33558 |
Only agencies that have received appropriations for capital | 33559 |
projects from the Administrative Building Fund (Fund 026) are | 33560 |
eligible to receive funding from this item. Public school | 33561 |
districts are not eligible. | 33562 |
IMPLEMENTATION OF AMERICANS WITH DISABILITIES ACT | 33563 |
The foregoing appropriation item CAP-822, Americans with | 33564 |
Disabilities Act, shall be used to renovate state-owned facilities | 33565 |
to provide access for physically disabled persons in accordance | 33566 |
with Title II of the Americans with Disabilities Act. | 33567 |
Prior to the release of funds for renovation, state agencies | 33568 |
shall perform self-evaluations of state-owned facilities | 33569 |
identifying barriers to access to service. State agencies shall | 33570 |
prioritize access barriers and develop a transition plan for the | 33571 |
removal of these barriers. The Department of Administrative | 33572 |
Services shall review proposals from state agencies to use these | 33573 |
funds for Americans with Disabilities Act renovations. | 33574 |
Only agencies that have received appropriations for capital | 33575 |
projects from the Administrative Building Fund (Fund 026) are | 33576 |
eligible to receive funding from this item. Public school | 33577 |
districts are not eligible. | 33578 |
MARCS STEERING COMMITTEE AND STATEWIDE COMMUNICATIONS SYSTEM | 33579 |
There is hereby continued a Multi-Agency Radio Communications | 33580 |
System (MARCS) Steering Committee consisting of the designees of | 33581 |
the Directors of the Office of Information Technology, Public | 33582 |
Safety, Natural Resources, Transportation, Rehabilitation and | 33583 |
Correction, and Budget and Management. The Director of the Office | 33584 |
of Information Technology or the Director's designee shall chair | 33585 |
the Committee. The Committee shall provide assistance to the | 33586 |
Director of the Office of Information Technology for effective and | 33587 |
efficient implementation of the MARCS system as well as develop | 33588 |
policies for the ongoing management of the system. Upon dates | 33589 |
prescribed by the Directors of the Office of Information | 33590 |
Technology and Budget and Management, the MARCS Steering Committee | 33591 |
shall report to the Directors on the progress of MARCS | 33592 |
implementation and the development of policies related to the | 33593 |
system. | 33594 |
The foregoing appropriation item CAP-827, Statewide | 33595 |
Communications System, shall be used to purchase or construct the | 33596 |
components of MARCS that are not specific to any one agency. The | 33597 |
equipment may include, but is not limited to, multi-agency | 33598 |
equipment at the Emergency Operations Center/Joint Dispatch | 33599 |
Facility, computer and telecommunication equipment used for the | 33600 |
functioning and integration of the system, communications towers, | 33601 |
tower sites, tower equipment, and linkages among towers and | 33602 |
between towers and the State of Ohio Network for Integrated | 33603 |
Communication (SONIC) system. The Director of Administrative | 33604 |
Services shall, with the concurrence of the MARCS Steering | 33605 |
Committee, determine the specific use of funds. | 33606 |
The amount reappropriated for the foregoing appropriation | 33607 |
item CAP-827, Statewide Communications System, is the unencumbered | 33608 |
and unallotted balance as of June 30, 2006, in appropriation item | 33609 |
CAP-827, Statewide Communications System, plus $623,665.11. | 33610 |
Spending from this appropriation item shall not be subject to | 33611 |
Chapters 123. and 153. of the Revised Code. | 33612 |
ENERGY CONSERVATION PROJECTS | 33613 |
The foregoing appropriation item CAP-835, Energy Conservation | 33614 |
Projects, shall be used to perform energy conservation | 33615 |
renovations, including the United States Environmental Protection | 33616 |
Agency's Energy Star Program, in state-owned facilities. Prior to | 33617 |
the release of funds for renovation, state agencies shall have | 33618 |
performed a comprehensive energy audit for each project. The | 33619 |
Department of Administrative Services shall review and approve | 33620 |
proposals from state agencies to use these funds for energy | 33621 |
conservation. Public school districts and state-supported and | 33622 |
state-assisted institutions of higher education are not eligible | 33623 |
for funding from this item. | 33624 |
NORTH HIGH BUILDING COMPLEX RENOVATIONS | 33625 |
The amount reappropriated for the foregoing appropriation | 33626 |
item CAP-852, North High Building Complex Renovations, is the | 33627 |
unencumbered and unallotted balance as of June 30, 2006, in | 33628 |
appropriation item CAP-852, North High Building Complex | 33629 |
Renovations, plus the sum of the unencumbered and unallotted | 33630 |
balance for appropriation item CAP-813, Heer Building Renovation | 33631 |
as of June 30, 2006. | 33632 |
Reappropriations |
Section 235.40. AGR DEPARTMENT OF AGRICULTURE | 33633 |
CAP-025 | Building Renovations | $ | 5,020 | 33634 | |||
CAP-029 | Administration Building Renovation | $ | 541 | 33635 | |||
CAP-033 | Site Electrical/Utility Improvement | $ | 15,420 | 33636 | |||
CAP-037 | Consumer Lab/Weights/Measures Equip | $ | 6,428 | 33637 | |||
CAP-039 | Renovate Weights/Measures Building | $ | 307,655 | 33638 | |||
CAP-042 | Reynoldsburg Complex Security | $ | 110,000 | 33639 | |||
CAP-043 | Building and Grounds Renovation | $ | 501,863 | 33640 | |||
CAP-044 | Renovate Building 4 | $ | 59,832 | 33641 | |||
CAP-049 | Consumer Analytical Laboratory | $ | 110,000 | 33642 | |||
CAP-050 | Plant Industries Building Planning | $ | 650,000 | 33643 | |||
Total Department of Agriculture | $ | 1,766,759 | 33644 |
Reappropriations |
Section 235.50. AGO ATTORNEY GENERAL | 33646 |
CAP-715 | Expand/Renovate Richfield Lab | $ | 51,942 | 33647 | |||
Total Attorney General | $ | 51,942 | 33648 |
EXPAND/RENOVATE RICHFIELD LAB | 33649 |
The amount reappropriated for appropriation item CAP-715, | 33650 |
Expand/Renovate Richfield Lab, is the unencumbered and unallotted | 33651 |
balance as of June 30, 2006, in appropriation item CAP-715, | 33652 |
Expand/Renovate Richfield Lab, plus $39,403. | 33653 |
Reappropriations |
Section 235.60. CSR CAPITOL SQUARE REVIEW AND ADVISORY BOARD | 33654 |
CAP-010 | Capitol Rotunda Renovations | $ | 1,607,515 | 33655 | |||
CAP-015 | Sound System Upgrades | $ | 136,118 | 33656 | |||
Total Capitol Square Review and Advisory Board | $ | 1,743,633 | 33657 |
Reappropriations |
Section 235.70. EXP EXPOSITIONS COMMISSION | 33659 |
CAP-037 | Electric and Lighting Upgrade | $ | 2,400,000 | 33660 | |||
CAP-046 | Land Acquisition | $ | 5,240 | 33661 | |||
CAP-056 | Building Renovations - 2 | $ | 1,609,813 | 33662 | |||
CAP-057 | HVAC Planning | $ | 2,001 | 33663 | |||
CAP-063 | Facility Improvements and Modernization Plan | $ | 131,771 | 33664 | |||
CAP-064 | Replacement of Water Lines | $ | 16,209 | 33665 | |||
CAP-068 | Masonry Renovations | $ | 59,824 | 33666 | |||
CAP-069 | Restroom Renovations | $ | 9,559 | 33667 | |||
CAP-072 | Emergency Renovations and Equipment Replacement | $ | 783,523 | 33668 | |||
Total Expositions Commission | $ | 5,017,940 | 33669 |
FACILITY IMPROVEMENTS AND MODERNIZATION PLAN | 33670 |
The amount reappropriated for the foregoing appropriation | 33671 |
item CAP-063, Facility Improvements and Modernization Plan, is the | 33672 |
unencumbered and unallotted balance as of June 30, 2006, in | 33673 |
appropriation item CAP-063, Facility Improvements and | 33674 |
Modernization Plan, plus $131,771. | 33675 |
Reappropriations |
Section 235.80. DNR DEPARTMENT OF NATURAL RESOURCES | 33676 |
CAP-741 | High Band Radio System | $ | 107,336 | 33677 | |||
CAP-742 | Fountain Square Building and Telephone System Improvements | $ | 1,403,088 | 33678 | |||
CAP-744 | Multi-Agency Radio Communications Equipment | $ | 2,412,559 | 33679 | |||
CAP-747 | DNR Fairgrounds Areas Upgrading | $ | 500,000 | 33680 | |||
CAP-867 | Reclamation Facility Renovation and Development | $ | 225,000 | 33681 | |||
CAP-928 | Handicapped Accessibility | $ | 39,654 | 33682 | |||
CAP-934 | District Office Renovations and Development | $ | 761,147 | 33683 | |||
Total Department of Natural Resources | $ | 5,448,784 | 33684 |
Reappropriations |
Section 235.90. DHS DEPARTMENT OF PUBLIC SAFETY | 33686 |
CAP-053 | Construct EMA/EOC and Office Building | $ | 6,605 | 33687 | |||
CAP-054 | Multi-Agency Radio Communications System | $ | 587,511 | 33688 | |||
CAP-067 | VHF Radio System Improvements | $ | 224,464 | 33689 | |||
CAP-078 | Upgrade/Replacement - State EOC Equipment | $ | 950,762 | 33690 | |||
CAP-081 | National Weather Radio Coverage | $ | 162,900 | 33691 | |||
Total Department of Public Safety | $ | 1,932,242 | 33692 |
Reappropriations |
Section 236.10. OSB SCHOOL FOR THE BLIND | 33694 |
CAP-728 | New School Lighting | $ | 184,500 | 33695 | |||
CAP-745 | Roof Improvements on the School and Cottage | $ | 164,186 | 33696 | |||
CAP-751 | Upgrade Fire Alarm System | $ | 73,192 | 33697 | |||
CAP-757 | Bathroom Handicapped Accessibility | $ | 20,956 | 33698 | |||
CAP-764 | Electric System Improvements | $ | 29,774 | 33699 | |||
CAP-772 | Boiler Replacement | $ | 233,240 | 33700 | |||
CAP-774 | Glass Windows/East Wall of Natatorium | $ | 63,726 | 33701 | |||
CAP-775 | Renovation of Science Lab Greenhouse | $ | 58,850 | 33702 | |||
CAP-776 | Renovating Recreation Area | $ | 213,900 | 33703 | |||
CAP-777 | New Classrooms/Secondary MH Program | $ | 880,407 | 33704 | |||
CAP-778 | Renovation of Student Health Service Area | $ | 144,375 | 33705 | |||
CAP-779 | Replacement of Cottage Windows | $ | 208,725 | 33706 | |||
CAP-780 | Residential Renovations | $ | 7,043 | 33707 | |||
CAP-781 | Food Prep Area/Air Conditioning | $ | 67,250 | 33708 | |||
Total Ohio School for the Blind | $ | 2,350,124 | 33709 |
Reappropriations |
Section 236.20. OSD SCHOOL FOR THE DEAF | 33711 |
CAP-776 | Dormitory Renovations | $ | 2,833 | 33712 | |||
CAP-777 | Boilers, Blowers, Central School Complex | $ | 748,144 | 33713 | |||
CAP-778 | Central Warehouse | $ | 676,624 | 33714 | |||
CAP-779 | Storage Barn | $ | 330,850 | 33715 | |||
Total Ohio School for the Deaf | $ | 1,758,451 | 33716 | ||||
Total Administrative Building Fund | $ | 101,079,856 | 33717 |
Section 239.10. All items set forth in this section are | 33719 |
hereby appropriated out of any moneys in the state treasury to the | 33720 |
credit of the Adult Correctional Building Fund (Fund 027) that are | 33721 |
not otherwise appropriated: | 33722 |
Reappropriations |
33723 |
33724 |
CAP-002 | Local Jails | $ | 1,852,736 | 33725 | |||
CAP-003 | Community-Based Correctional Facilities | $ | 10,119,077 | 33726 | |||
CAP-004 | Site Renovations | $ | 618,891 | 33727 | |||
CAP-007 | Asbestos Removal | $ | 380,624 | 33728 | |||
CAP-008 | Powerhouse/Utility Improvements | $ | 2,507,048 | 33729 | |||
CAP-009 | Water System/Plant Improvements | $ | 4,613,277 | 33730 | |||
CAP-010 | Industrial Equipment - Statewide | $ | 373,291 | 33731 | |||
CAP-011 | Roof/Window Renovations - Statewide | $ | 601,320 | 33732 | |||
CAP-012 | Shower/Restroom Improvements | $ | 1,142,680 | 33733 | |||
CAP-017 | Security Improvements - Statewide | $ | 7,583,533 | 33734 | |||
CAP-026 | Waste Water Treatment Facilities | $ | 41,087 | 33735 | |||
CAP-041 | Community Residential Program | $ | 5,566,687 | 33736 | |||
CAP-109 | Statewide Fire Alarm Systems | $ | 69,080 | 33737 | |||
CAP-111 | General Building Renovations | $ | 33,465,948 | 33738 | |||
CAP-129 | Water Treatment Plants - Statewide | $ | 651,500 | 33739 | |||
CAP-141 | Multi-Agency Radio System Equipment | $ | 835,604 | 33740 | |||
CAP-142 | Various Medical Services | $ | 755,818 | 33741 | |||
CAP-143 | Perimeter, Lighting, Alarm, Sallyports | $ | 659,236 | 33742 | |||
CAP-186 | Close Custody Prison and Camp | $ | 5,000,000 | 33743 | |||
CAP-187 | Mandown Alert Communication System - Statewide | $ | 3,172,907 | 33744 | |||
CAP-188 | Manufacturing/Storage Building Additions - Statewide | $ | 159,300 | 33745 | |||
CAP-189 | Tuck-pointing - Statewide | $ | 27,754 | 33746 | |||
CAP-238 | Electrical Systems Upgrades | $ | 175,025 | 33747 | |||
CAP-239 | Emergency Projects | $ | 1,532,617 | 33748 | |||
CAP-240 | State Match for Federal Prison Construction Funds | $ | 1,625,319 | 33749 | |||
CAP-302 | OPI Shops Renovation - Statewide | $ | 75,000 | 33750 | |||
Total Statewide and Central Office Projects | $ | 83,605,359 | 33751 |
33752 |
CAP-358 | Soft Start Capacitors | $ | 28,928 | 33753 | |||
Total Belmont Correctional Institution | $ | 28,928 | 33754 |
33755 |
CAP-177 | Convert Warehouse to Dormitory | $ | 596 | 33756 | |||
CAP-190 | Utility Improvements | $ | 117,500 | 33757 | |||
CAP-258 | Sewer Upgrades | $ | 267,092 | 33758 | |||
Total Chillicothe Correctional Institution | $ | 385,188 | 33759 |
33760 |
CAP-333 | HVAC Upgrade - CRC | $ | 1,500 | 33761 | |||
CAP-334 | Roof Renovation - CRC | $ | 705 | 33762 | |||
Total Correctional Reception Center | $ | 2,205 | 33763 |
33764 |
CAP-362 | Parking Lot Improvements | $ | 80,895 | 33765 | |||
Total Corrections Medical Center | $ | 80,895 | 33766 |
33767 |
CAP-342 | Asbestos Abatement/HVAC Upgrade - CTA | $ | 913,710 | 33768 | |||
Total Corrections Training Academy | $ | 913,710 | 33769 |
33770 |
CAP-195 | Hot Water System Improvements - DCI | $ | 400,000 | 33771 | |||
CAP-242 | Shower Renovations - DCI | $ | 58,929 | 33772 | |||
CAP-352 | Site Drainage Improvement | $ | 3,500 | 33773 | |||
Total Dayton Correctional Institution | $ | 462,429 | 33774 |
33775 |
CAP-316 | Roof Renovation - FPRC | $ | 1,200 | 33776 | |||
Total Franklin Pre-Release Center | $ | 1,200 | 33777 |
33778 |
CAP-339 | Residential Treatment Unit - ADD - GCI | $ | 1,500 | 33779 | |||
CAP-359 | Roof Replacement - GCI | $ | 918,916 | 33780 | |||
Total Grafton Correctional Institution | $ | 920,416 | 33781 |
33782 |
CAP-118 | Water Tower Renovations | $ | 1,174 | 33783 | |||
CAP-119 | Masonry Improvements - LECI | $ | 3,063 | 33784 | |||
CAP-198 | Water Treatment Plant - LECI | $ | 1,269,008 | 33785 | |||
CAP-285 | Bar Screen Replacement | $ | 1,203 | 33786 | |||
CAP-332 | Electric Distribution and Transformer | $ | 101,000 | 33787 | |||
CAP-361 | Dietary Floor Renovation | $ | 18,040 | 33788 | |||
Total Lebanon Correctional Institution | $ | 1,393,488 | 33789 |
33790 |
CAP-245 | Bridge Replacement - LOCI | $ | 2,865 | 33791 | |||
CAP-261 | Roof Replacement | $ | 1,028 | 33792 | |||
CAP-308 | Electric Upgrades - LOCI | $ | 250,000 | 33793 | |||
Total London Correctional Institution | $ | 253,893 | 33794 |
33795 |
CAP-303 | Auger Replacement - LLORCL | $ | 500 | 33796 | |||
CAP-348 | Door and Lock Replacement - LRCI | $ | 1,500 | 33797 | |||
CAP-353 | Roof Renovations - LRCI | $ | 15,000 | 33798 | |||
Total Lorain Correctional Institution | $ | 17,000 | 33799 |
33800 |
CAP-288 | Water Softener System - Madison | $ | 1,500 | 33801 | |||
Total Madison Correctional Institution | $ | 1,500 | 33802 |
33803 |
CAP-305 | Site Improvements - MNCI | $ | 314,375 | 33804 | |||
CAP-307 | Network Wiring - MNCI | $ | 155,073 | 33805 | |||
CAP-356 | Security Fence Upgrade - MNCI | $ | 456,537 | 33806 | |||
Total Mansfield Correctional Institution | $ | 925,985 | 33807 |
33808 |
CAP-208 | Hot Water Tank Replacement | $ | 151,750 | 33809 | |||
CAP-246 | Exterior Window Replacement - MCI | $ | 1,075 | 33810 | |||
CAP-329 | Concrete Floor Replacement - MCI | $ | 866 | 33811 | |||
Total Marion Correctional Institution | $ | 153,691 | 33812 |
33813 |
CAP-165 | Master Plan Building/Renovations - ORW | $ | 59,585 | 33814 | |||
CAP-210 | Replacement Dormitory - ORW | $ | 772,090 | 33815 | |||
CAP-212 | Powerhouse Renovation & Replumbing | $ | 1,250,000 | 33816 | |||
CAP-267 | Renovate ARN Dorms | $ | 761 | 33817 | |||
CAP-326 | Control Center Expansion - ORW | $ | 1,500 | 33818 | |||
CAP-327 | Roof Replacement - ORW | $ | 168,852 | 33819 | |||
Total Ohio Reformatory for Women | $ | 2,252,788 | 33820 |
33821 |
CAP-363 | Fence Security Systms - OSP | $ | 12,700 | 33822 | |||
Total Ohio State Penitentiary | $ | 12,700 | 33823 |
33824 |
CAP-228 | Power House Improvements | $ | 1,000 | 33825 | |||
CAP-274 | Replacement of Segregation Housing | $ | 4,806,750 | 33826 | |||
CAP-312 | Waste Water Treatment Plant | $ | 6,767,175 | 33827 | |||
CAP-357 | Emergency Generator Repair - PCI | $ | 1,080,993 | 33828 | |||
Total Pickaway Correctional Institution | $ | 12,655,918 | 33829 |
33830 |
CAP-360 | Dormitory Exterior Stairs - RICI | $ | 271,278 | 33831 | |||
Total Richland Correctional Institution | $ | 271,278 | 33832 |
33833 |
CAP-276 | Rubberized Roof Replacement | $ | 38,863 | 33834 | |||
CAP-311 | Water Tower Renovation - RCI | $ | 1,600 | 33835 | |||
CAP-331 | Security Upgrades and Improvements | $ | 76,600 | 33836 | |||
Total Ross Correctional Institution | $ | 117,063 | 33837 |
33838 |
CAP-167 | Master Plan Building/Renovations - SCI | $ | 8,569 | 33839 | |||
CAP-336 | Waste Water Treatment Plant Improvements - SCI | $ | 421,952 | 33840 | |||
Total Southeastern Correctional Institution | $ | 430,521 | 33841 |
33842 |
CAP-279 | Powerhouse Domestic Hot Water Replacement | $ | 150,664 | 33843 | |||
Total Southern Ohio Correctional Facility | $ | 150,664 | 33844 | ||||
TOTAL Department of Rehabilitation and Correction | $ | 105,036,819 | 33845 | ||||
TOTAL Adult Correctional Building Fund | $ | 105,036,819 | 33846 |
Section 239.20. LOCAL JAILS | 33848 |
From the foregoing appropriation item, CAP-002, Local Jails, | 33849 |
the Department of Rehabilitation and Correction shall designate | 33850 |
the projects involving the construction and renovation of county, | 33851 |
multicounty, municipal-county, and multicounty-municipal jail | 33852 |
facilities and workhouses, including correctional centers | 33853 |
authorized under sections 153.61 and 307.93 of the Revised Code, | 33854 |
for which the Ohio Building Authority is authorized to issue | 33855 |
obligations. Notwithstanding any provisions to the contrary in | 33856 |
Chapter 152. or 153. of the Revised Code, the Department of | 33857 |
Rehabilitation and Correction may coordinate, review, and monitor | 33858 |
the drawdown and use of funds for the renovation or construction | 33859 |
of projects for which designated funds are provided. | 33860 |
The funding authorized under this section shall not be | 33861 |
applied to any such facilities that are not designated by the | 33862 |
Department of Rehabilitation and Correction. The amount of funding | 33863 |
authorized under this section that may be applied to a project | 33864 |
designated for initial funding after July 1, 2000, involving the | 33865 |
construction or renovation of a county, multicounty, | 33866 |
municipal-county, and multicounty-municipal jail facilities and | 33867 |
workhouses, including correctional centers authorized under | 33868 |
sections 153.61 and 307.93 of the Revised Code, shall not exceed | 33869 |
$35,000 per bed of the total allowable cost of the project in the | 33870 |
case of construction of county and municipal-county jail | 33871 |
facilities, workhouses, and correctional centers, or multicounty | 33872 |
or multicounty-municipal jail facilities, workhouses, and | 33873 |
correctional centers and shall not exceed 30 per cent of the total | 33874 |
allowable cost of the project in the case of renovation of county, | 33875 |
multicounty, municipal-county, and multicounty-municipal jail | 33876 |
facilities, workhouses, and correctional centers. If a political | 33877 |
subdivision is in the planning phase of constructing a multicounty | 33878 |
or multicounty-municipal jail facility, workhouse, or correctional | 33879 |
center on or before the effective date of this section, the | 33880 |
Department of Rehabilitation and Correction shall fund that | 33881 |
facility at $42,000 per bed. Multicounty or multicounty-municipal | 33882 |
jail facility construction projects initiated after the effective | 33883 |
date of this section may be considered for, but are not entitled | 33884 |
to be awarded, funding at $42,000 per bed. The higher per bed | 33885 |
award is at the discretion of the Department of Rehabilitation and | 33886 |
Correction and is contingent upon available funds, the impact of | 33887 |
the project, and inclusion of at least three counties in the | 33888 |
project. | 33889 |
The cost-per-bed funding authorized under this section that | 33890 |
may be applied to a construction project shall not exceed the | 33891 |
actual cost-per-bed of the project. The 30 per cent funding | 33892 |
authorized under this section that may be applied to a renovation | 33893 |
project shall not exceed $35,000 per bed of the total allowable | 33894 |
cost of the project. | 33895 |
The funding authorized under this section shall not be | 33896 |
applied to any project involving the construction of a county, | 33897 |
multicounty, municipal-county, or multicounty-municipal jail | 33898 |
facility or workhouse, including a correctional center established | 33899 |
under sections 153.61 and 307.93 of the Revised Code, unless the | 33900 |
facility, workhouse, or correctional center will be built in | 33901 |
compliance with "The Minimum Standards for Jails in Ohio" and the | 33902 |
plans have been approved under section 5120.10 of the Revised | 33903 |
Code. In addition, the funding authorized under this section shall | 33904 |
not be applied to any project involving the renovation of a | 33905 |
county, multicounty, municipal-county, or multicounty-municipal | 33906 |
jail facility or workhouse, including a correctional center | 33907 |
established under sections 153.61 and 307.93 of the Revised Code, | 33908 |
unless the renovation is for the purpose of bringing the facility, | 33909 |
workhouse, or correctional center into compliance with "The | 33910 |
Minimum Standards for Jails in Ohio" and the plans have been | 33911 |
approved under section 5120.10 of the Revised Code. | 33912 |
Section 239.30. COMMUNITY-BASED CORRECTIONAL FACILITIES | 33913 |
The Department of Rehabilitation and Correction may designate | 33914 |
to the Ohio Building Authority the sites of, and, notwithstanding | 33915 |
any provisions to the contrary in Chapter 152. or 153. of the | 33916 |
Revised Code, may review the renovation or construction of the | 33917 |
single county and district community-based correctional facilities | 33918 |
funded by the foregoing appropriation item CAP-003, | 33919 |
Community-Based Correctional Facilities. | 33920 |
Section 239.40. COMMUNITY RESIDENTIAL PROGRAM RENOVATIONS | 33921 |
The foregoing appropriation item CAP-041, Community | 33922 |
Residential Program, may be used by the Department of | 33923 |
Rehabilitation and Correction, under sections 5120.103, 5120.104, | 33924 |
and 5120.105 of the Revised Code, to provide for the construction | 33925 |
or renovation of halfway house facilities for offenders eligible | 33926 |
for community supervision by the Department of Rehabilitation and | 33927 |
Correction. | 33928 |
Section 241.10. All items set forth in this section are | 33929 |
hereby appropriated out of any moneys in the state treasury to the | 33930 |
credit of the Juvenile Correctional Building Fund (Fund 028) that | 33931 |
are not otherwise appropriated: | 33932 |
Reappropriations |
33933 |
CAP-801 | Fire Suppression/Safety/Security | $ | 2,400,980 | 33934 | |||
CAP-803 | General Institutional Renovations | $ | 5,638,025 | 33935 | |||
CAP-812 | Community Rehabilitation Centers | $ | 151,991 | 33936 | |||
CAP-821 | Construct Maximum Security Facility | $ | 134,795 | 33937 | |||
CAP-823 | Cuyahoga Boys School Renovation and Expansion | $ | 42,198 | 33938 | |||
CAP-828 | Multi-Agency Radio System Equipment | $ | 61,539 | 33939 | |||
CAP-829 | Local Juvenile Detention Centers | $ | 692,623 | 33940 | |||
CAP-831 | Gym Expansion - Cuyahoga Hills Boys School | $ | 145,546 | 33941 | |||
CAP-833 | Security Renovations - Indian River | $ | 5,340 | 33942 | |||
CAP-834 | Health and Safety Unit - Riverview | $ | 196,092 | 33943 | |||
CAP-837 | Sanitary Safety/Renovations Indian River | $ | 1,400,756 | 33944 | |||
CAP-838 | EDU and Programming Expansion - ORV | $ | 1,400,000 | 33945 | |||
Total Department of Youth Services | $ | 12,269,885 | 33946 | ||||
TOTAL Juvenile Correctional Building Fund | $ | 12,269,885 | 33947 |
Section 241.20. COMMUNITY REHABILITATION CENTERS | 33949 |
From the foregoing appropriation item CAP-812, Community | 33950 |
Rehabilitation Centers, the Department of Youth Services shall | 33951 |
designate the projects involving the construction and renovation | 33952 |
of single county and multicounty community corrections facilities | 33953 |
for which the Ohio Building Authority is authorized to issue | 33954 |
obligations. | 33955 |
The Department of Youth Services is authorized to review and | 33956 |
approve the renovation and construction of projects for which | 33957 |
funds are provided. The proceeds of any obligations authorized | 33958 |
under this section shall not be applied to any such facilities | 33959 |
that are not designated and approved by the Department of Youth | 33960 |
Services. | 33961 |
The Department of Youth Services shall adopt guidelines to | 33962 |
accept and review applications and designate projects. The | 33963 |
guidelines shall require the county or counties to justify the | 33964 |
need for the facility and to comply with timelines for the | 33965 |
submission of documentation pertaining to the site, program, and | 33966 |
construction. | 33967 |
For purposes of this section, "community corrections | 33968 |
facilities" has the same meaning as in section 5139.36 of the | 33969 |
Revised Code. | 33970 |
Section 241.30. LOCAL JUVENILE DETENTION CENTERS | 33971 |
From the foregoing appropriation item CAP-829, Local Juvenile | 33972 |
Detention Centers, the Department of Youth Services shall | 33973 |
designate the projects involving the construction and renovation | 33974 |
of county and multicounty juvenile detention centers for which the | 33975 |
Ohio Building Authority is authorized to issue obligations. | 33976 |
The Department of Youth Services is authorized to review and | 33977 |
approve the renovation and construction of projects for which | 33978 |
funds are provided. The proceeds of any obligations authorized | 33979 |
under this section shall not be applied to any such facilities | 33980 |
that are not designated by the Department of Youth Services. | 33981 |
The Department of Youth Services shall comply with the | 33982 |
guidelines set forth in this section, accept and review | 33983 |
applications, designate projects, and determine the amount of | 33984 |
state match funding to be applied to each project. The department | 33985 |
shall, with the advice of the county or counties participating in | 33986 |
a project, determine the funded design capacity of the detention | 33987 |
centers that are designated to receive funding. Notwithstanding | 33988 |
any provisions to the contrary contained in Chapter 152. or 153. | 33989 |
of the Revised Code, the Department of Youth Services may | 33990 |
coordinate, review, and monitor the drawdown and use of funds for | 33991 |
the renovation and construction of projects for which designated | 33992 |
funds are provided. | 33993 |
(A) The Department of Youth Services shall develop a weighted | 33994 |
numerical formula to determine the amount, if any, of state match | 33995 |
that may be provided to a single or multicounty detention center | 33996 |
project. The formula shall include the factors specified below in | 33997 |
division (A)(1) of this section and may include the factors | 33998 |
specified below in division (A)(2) of this section. The weight | 33999 |
assigned to the factors specified in division (A)(1) of this | 34000 |
section shall be not less than twice the weight assigned to | 34001 |
factors specified in division (A)(2) of this section. | 34002 |
(1)(a) The number of detention center beds needed in the | 34003 |
county or group of counties, as estimated by the Department of | 34004 |
Youth Services, is significantly more than the number of beds | 34005 |
currently available; | 34006 |
(b) Any existing detention center in the county or group of | 34007 |
counties does not meet health, safety, or security standards for | 34008 |
detention centers as established by the Department of Youth | 34009 |
Services; | 34010 |
(c) The Department of Youth Services projects that the county | 34011 |
or group of counties have a need for a sufficient number of | 34012 |
detention beds to make the project economically viable. | 34013 |
(2)(a) The percentage of children in the county or group of | 34014 |
counties living below the poverty level is above the state | 34015 |
average; | 34016 |
(b) The per capita income in the county or group of counties | 34017 |
is below the state average. | 34018 |
(B) The formula developed by the Department of Youth Services | 34019 |
shall yield a percentage of state match ranging from 0 to 60 per | 34020 |
cent based on the above factors. Notwithstanding the foregoing | 34021 |
provisions, if a single county or multicounty system currently has | 34022 |
no detention center beds, or if the projected need for detention | 34023 |
center beds as estimated by the Department of Youth Services is | 34024 |
greater than 120 per cent of current detention center bed | 34025 |
capacity, then the percentage of state match shall be 60 per cent. | 34026 |
To determine the dollar amount of the state match for new | 34027 |
construction projects, the percentage of state match is multiplied | 34028 |
by $125,000 per bed for detention centers with a designated | 34029 |
capacity of 99 beds or less, and by $130,000 per bed for detention | 34030 |
centers with a design capacity of 100 beds or more. To determine | 34031 |
the dollar amount of the state match for renovation projects the | 34032 |
percentage match shall be multiplied by the actual cost of the | 34033 |
renovation, provided that the cost of the renovation does not | 34034 |
exceed $100,000 per bed. The funding authorized under this section | 34035 |
that may be applied to a construction or renovation project shall | 34036 |
not exceed the actual cost of the project. | 34037 |
The funding authorized under this section shall not be | 34038 |
applied to any project unless the detention center will be built | 34039 |
in compliance with health, safety, and security standards for | 34040 |
detention centers as established by the Department of Youth | 34041 |
Services. In addition, the funding authorized under this section | 34042 |
shall not be applied to the renovation of a detention center | 34043 |
unless the renovation is for the purpose of increasing the number | 34044 |
of beds in the center, or to meet health, safety, or security | 34045 |
standards for detention centers as established by the Department | 34046 |
of Youth Services. | 34047 |
Section 243.10. All items set forth in this section are | 34048 |
hereby appropriated out of any moneys in the state treasury to the | 34049 |
credit of the Cultural and Sports Facilities Building Fund (Fund | 34050 |
030) that are not otherwise appropriated: | 34051 |
Reappropriations |
34052 |
CAP-003 | Center of Science and Industry - Toledo | $ | 7,542 | 34053 | |||
CAP-033 | Woodward Opera House Renovation | $ | 1,150,000 | 34054 | |||
CAP-038 | Center Exhibit Replacement | $ | 816,000 | 34055 | |||
CAP-042 | Statewide Site Exhibit/Renovation & Construction | $ | 123,000 | 34056 | |||
CAP-043 | Statewide Site Repairs | $ | 200,100 | 34057 | |||
CAP-046 | Cincinnati Museum Center Improvements | $ | 250,000 | 34058 | |||
CAP-053 | Powers Auditorium Improvements | $ | 250,000 | 34059 | |||
CAP-055 | Waco Museum & Aviation Learning Center | $ | 500,000 | 34060 | |||
CAP-058 | Cedar Bog Nature Preserve Education Center | $ | 766,200 | 34061 | |||
CAP-064 | Bramley Historic House | $ | 75,000 | 34062 | |||
CAP-065 | Beck Center for the Cultural Arts | $ | 100,000 | 34063 | |||
CAP-066 | Delaware County Cultural Arts Center | $ | 40,000 | 34064 | |||
CAP-071 | Cleveland Institute of Music | $ | 1,500,000 | 34065 | |||
CAP-072 | West Side Arts Consortium | $ | 138,000 | 34066 | |||
CAP-073 | Ice Arena Development | $ | 5,500,000 | 34067 | |||
CAP-074 | Stan Hywet Hall & Gardens | $ | 1,000,000 | 34068 | |||
CAP-075 | McKinley Museum Improvements | $ | 125,000 | 34069 | |||
CAP-076 | Spring Hill Historic Home | $ | 125,000 | 34070 | |||
CAP-079 | Lorain Palace Civic Theatre | $ | 200,000 | 34071 | |||
CAP-080 | Great Lakes Historical Society | $ | 150,000 | 34072 | |||
CAP-745 | Historic Sites and Museums | $ | 604,453 | 34073 | |||
CAP-753 | Buffington Island State Memorial | $ | 73,500 | 34074 | |||
CAP-769 | Rankin House State Memorial | $ | 192,000 | 34075 | |||
CAP-781 | Historical Center Archives/Library | $ | 624,000 | 34076 | |||
CAP-784 | Ohio Historical Center Rehabilitation | $ | 1,523,737 | 34077 | |||
CAP-789 | Neil Armstrong Air and Space Museum Improvements | $ | 103,516 | 34078 | |||
CAP-809 | Cincinnati Ballet Facility Improvements | $ | 450,000 | 34079 | |||
CAP-814 | Crawford Museum of Transportation & Industry | $ | 2,500,000 | 34080 | |||
CAP-820 | Historical Center Ohio Village Buildings | $ | 502,000 | 34081 | |||
CAP-821 | Lorain County Historical Society | $ | 300,000 | 34082 | |||
CAP-822 | Armory Youth Center | $ | 40,000 | 34083 | |||
CAP-823 | Marion Palace Theatre | $ | 1,575,000 | 34084 | |||
CAP-824 | McConnellsville Opera House | $ | 75,000 | 34085 | |||
CAP-825 | Secrest Auditorium | $ | 75,000 | 34086 | |||
CAP-826 | Renaissance Theatre | $ | 700,000 | 34087 | |||
CAP-827 | Trumpet in the Land | $ | 100,000 | 34088 | |||
CAP-829 | Mid-Ohio Valley Players | $ | 80,000 | 34089 | |||
CAP-830 | The Anchorage | $ | 50,000 | 34090 | |||
CAP-834 | Galion Historic Big Four Depot Restoration | $ | 170,000 | 34091 | |||
CAP-835 | Jamestown Opera House | $ | 125,000 | 34092 | |||
CAP-837 | Lake County Historical Society | $ | 250,000 | 34093 | |||
CAP-839 | Hancock Historical Society | $ | 75,000 | 34094 | |||
CAP-840 | Riversouth Development | $ | 1,000,000 | 34095 | |||
CAP-841 | Ft. Piqua Hotel | $ | 200,000 | 34096 | |||
CAP-843 | Marina District Amphitheatre and Related Development | $ | 2,000,000 | 34097 | |||
CAP-844 | Chas. A. Eulett Education Center/Appalachian Museum | $ | 1,850,000 | 34098 | |||
CAP-845 | Lima Historic Athletic Field | $ | 100,000 | 34099 | |||
CAP-846 | Butler Palace Theatre | $ | 200,000 | 34100 | |||
CAP-847 | Voice Of America Museum | $ | 275,000 | 34101 | |||
CAP-848 | Oxford Arts Center ADA Project | $ | 72,000 | 34102 | |||
CAP-849 | Clark County Community Arts Expansion Project | $ | 500,000 | 34103 | |||
CAP-850 | Westcott House Historic Site | $ | 75,000 | 34104 | |||
CAP-851 | Gen. Lytle Homestead-Harmony Hill | $ | 50,000 | 34105 | |||
CAP-852 | Miami Township Community Amphitheatre | $ | 50,000 | 34106 | |||
CAP-853 | Western Reserve Historical Society | $ | 1,000,000 | 34107 | |||
CAP-854 | Steamship Mather Museum | $ | 100,000 | 34108 | |||
CAP-855 | Rock and Roll Hall of Fame | $ | 250,000 | 34109 | |||
CAP-858 | Strongsville Historic Building | $ | 100,000 | 34110 | |||
CAP-859 | Arts Castle | $ | 100,000 | 34111 | |||
CAP-860 | Great Lakes Historical Society | $ | 325,000 | 34112 | |||
CAP-861 | Ohio Glass Museum | $ | 250,000 | 34113 | |||
CAP-863 | Ariel Theatre | $ | 100,000 | 34114 | |||
CAP-864 | Bellbrook/Sugarcreek Historical Society | $ | 10,000 | 34115 | |||
CAP-867 | Ensemble Theatre | $ | 450,000 | 34116 | |||
CAP-868 | Taft Museum | $ | 500,000 | 34117 | |||
CAP-869 | Art Academy of Cincinnati | $ | 100,000 | 34118 | |||
CAP-870 | Riverbend Pavilion Improvements | $ | 250,000 | 34119 | |||
CAP-871 | Cincinnati Art and Technical Academy - Longworth Hall | $ | 100,000 | 34120 | |||
CAP-872 | Music Hall: Over-The-Rhine | $ | 750,000 | 34121 | |||
CAP-873 | John Bloomfield Home Restoration | $ | 115,000 | 34122 | |||
CAP-874 | Malinta Historical Society Caboose Exhibit | $ | 6,000 | 34123 | |||
CAP-875 | Hocking County Historic Society - Schempp House | $ | 10,000 | 34124 | |||
CAP-876 | Art Deco Markay Theatre | $ | 200,000 | 34125 | |||
CAP-877 | Harvey Wells House | $ | 100,000 | 34126 | |||
CAP-879 | Broad Street Historical Renovation | $ | 300,000 | 34127 | |||
CAP-880 | Amherst Historical Society | $ | 35,000 | 34128 | |||
CAP-881 | COSI - Toledo | $ | 1,580,000 | 34129 | |||
CAP-882 | Ohio Theatre - Toledo | $ | 100,000 | 34130 | |||
CAP-883 | Chester Academy Historic Site Renovation | $ | 25,000 | 34131 | |||
CAP-884 | Bradford Ohio Railroad Museum | $ | 100,000 | 34132 | |||
CAP-885 | Montgomery County Historical Society Archives | $ | 100,000 | 34133 | |||
CAP-886 | Nelson T. Gant Historic Homestead | $ | 25,000 | 34134 | |||
CAP-887 | Aurora Outdoor Sports Complex | $ | 50,000 | 34135 | |||
CAP-888 | Preble County Historical Society | $ | 100,000 | 34136 | |||
CAP-889 | Tecumseh Sugarloaf Mountain Amphitheatre | $ | 120,000 | 34137 | |||
CAP-890 | Pro Football Hall of Fame | $ | 400,000 | 34138 | |||
CAP-891 | Maps Air Museum | $ | 15,000 | 34139 | |||
CAP-892 | Foundation Community Theatre | $ | 50,000 | 34140 | |||
CAP-893 | William McKinley Library Restoration | $ | 250,000 | 34141 | |||
CAP-896 | Richard Howe House | $ | 100,000 | 34142 | |||
CAP-897 | Ward-Thomas Museum | $ | 30,000 | 34143 | |||
CAP-898 | Packard Music Hall Renovation Project | $ | 1,075,000 | 34144 | |||
CAP-899 | Holland Theatre | $ | 100,000 | 34145 | |||
CAP-900 | Van Wert Historical Society | $ | 32,000 | 34146 | |||
CAP-901 | Warren County Historical Society | $ | 225,000 | 34147 | |||
CAP-902 | Marietta Colony Theatre | $ | 335,000 | 34148 | |||
CAP-903 | West Salem Village Opera House | $ | 92,000 | 34149 | |||
CAP-904 | Beavercreek Community Theater | $ | 100,000 | 34150 | |||
CAP-905 | Smith Orr Homestead | $ | 100,000 | 34151 | |||
Total Cultural Facilities Commission | $ | 39,831,048 | 34152 | ||||
TOTAL Cultural and Sports Facilities Building Fund | $ | 39,831,048 | 34153 |
ICE ARENA DEVELOPMENT | 34154 |
The amount reappropriated for the foregoing appropriation | 34155 |
item CAP-073, Ice Arena Development, is the unencumbered and | 34156 |
unalloted balance, as of June 30, 2006, in appropriation item | 34157 |
CAP-073, Ice Arena Development, which prior to July 1, 2006, was | 34158 |
named "Marina District/Ice Arena Development," plus $2,000,000. | 34159 |
Notwithstanding any provision of law to the contrary, on July | 34160 |
1, 2006, or as soon thereafter as possible, the Director of Budget | 34161 |
and Management shall transfer $2,000,000 from CAP-843, Marina | 34162 |
District Amphitheatre and Related Development, which prior to July | 34163 |
1, 2006, was named "Marina District/Ice Arena Development," to | 34164 |
CAP-073, Ice Arena Development. | 34165 |
The foregoing appropriation item CAP-073, Ice Arena | 34166 |
Development, shall by used by the City of Toledo for the | 34167 |
development of an ice arena in the area of downtown Toledo. | 34168 |
ARMORY YOUTH CENTER | 34169 |
For the foregoing appropriation item CAP-822, Armory Youth | 34170 |
Center, the Ohio Cultural Facilities Commission and the Ohio | 34171 |
Historical Society shall enter into an agreement whereby the Ohio | 34172 |
Historical Society shall administer the funds for the project, a | 34173 |
site listed on the National Register of Historic Places. | 34174 |
MARINA DISTRICT AMPHITHEATRE AND RELATED DEVELOPMENT | 34175 |
The amount reappropriated for the foregoing appropriation | 34176 |
item CAP-843, Marina District Amphitheatre and Related | 34177 |
Development, is the unencumbered and unalloted balance, as of June | 34178 |
30, 2006, in appropriation item CAP-843, Marina District | 34179 |
Amphitheatre and Related Development, which prior to July 1, 2006, | 34180 |
was named "Marina District/Ice Arena Development," minus | 34181 |
$2,000,000. | 34182 |
The foregoing appropriation item CAP-843, Marina District | 34183 |
Amphitheatre and Related Development, shall be used by the City of | 34184 |
Toledo for the development of an amphitheatre and related | 34185 |
developments in the Marina District of Toledo. | 34186 |
PACKARD MUSIC HALL RENOVATIONS PROJECT | 34187 |
The amount reappropriated for the foregoing appropriation | 34188 |
item CAP-898, Packard Music Hall Renovation Project, is the | 34189 |
unencumbered and unalloted balance, as of June 30, 2006, in | 34190 |
appropriation item CAP-898, Packard Music Hall Renovation Project, | 34191 |
plus $975,000 of the unencumbered and unalloted balance, as of | 34192 |
June 30, 2006, in appropriation item CAP-063, Robins Theatre | 34193 |
Renovations. | 34194 |
Section 245.10. All items set forth in this section are | 34195 |
hereby appropriated out of any moneys in the state treasury to the | 34196 |
credit of the Ohio Parks and Natural Resources Fund (Fund 031) | 34197 |
that are not otherwise appropriated: | 34198 |
Reappropriations |
34199 |
34200 |
CAP-012 | Land Acquisition | $ | 1,708,039 | 34201 | |||
CAP-024 | Statewide Boundary and Miscellaneous Surveying | $ | 43,895 | 34202 | |||
CAP-702 | Upgrade Underground Fuel Storage Tanks | $ | 520,050 | 34203 | |||
CAP-703 | Cap Abandoned Water Wells | $ | 69,123 | 34204 | |||
CAP-748 | Local Parks Projects - Statewide | $ | 2,091,973 | 34205 | |||
CAP-750 | Quilter CCC Camp | $ | 46,400 | 34206 | |||
CAP-751 | City of Portsmouth Launch Ramp | $ | 1,800 | 34207 | |||
CAP-753 | Project Planning | $ | 1,791,151 | 34208 | |||
CAP-766 | South Fork Licking Watershed Study | $ | 2,469 | 34209 | |||
CAP-768 | Grand River Wildlife Area | $ | 2,700 | 34210 | |||
CAP-817 | Riffe CCC Camp | $ | 1,709 | 34211 | |||
CAP-834 | Appraisal Fees - Statewide | $ | 79,615 | 34212 | |||
CAP-835 | Civilian Conservation Facilities | $ | 346,280 | 34213 | |||
CAP-844 | Put-In-Bay Township Port Authority | $ | 79,784 | 34214 | |||
CAP-868 | New Philadelphia Office Relocation | $ | 1,500,000 | 34215 | |||
CAP-874 | Lake Erie Access | $ | 5,070 | 34216 | |||
CAP-876 | Statewide Trails Program | $ | 963 | 34217 | |||
CAP-881 | Dam Rehabilitation | $ | 18,554,846 | 34218 | |||
CAP-928 | Handicapped Accessibility | $ | 77,950 | 34219 | |||
CAP-929 | Hazardous Waste/Asbestos Abatement | $ | 57,361 | 34220 | |||
CAP-931 | Wastewater/Water Systems Upgrades | $ | 5,406,599 | 34221 | |||
CAP-934 | Operations Facilities Development | $ | 354,291 | 34222 | |||
CAP-995 | Boundary Protection | $ | 32,426 | 34223 | |||
CAP-999 | Geographic Information Management System | $ | 62,650 | 34224 | |||
Total Statewide and Local Projects | $ | 32,837,144 | 34225 |
34226 |
CAP-021 | Mohican State Forest | $ | 1,200 | 34227 | |||
CAP-030 | Shawnee State Forest | $ | 1,300 | 34228 | |||
CAP-071 | Statewide Forestry Facility Improvements | $ | 277,620 | 34229 | |||
CAP-073 | Brush Creek State Forest | $ | 5,850 | 34230 | |||
CAP-129 | Zanesville Nursery | $ | 9,500 | 34231 | |||
CAP-841 | Operations and Maintenance Facility Development and Renovation | $ | 450,548 | 34232 | |||
Total Division of Forestry | $ | 746,018 | 34233 |
34234 |
CAP-006 | Little Beaver Creek Nature Preserve | $ | 1,500 | 34235 | |||
CAP-826 | Natural Areas and Preserves Maintenance/Facility Development | $ | 482,556 | 34236 | |||
CAP-831 | Lake Katherine | $ | 17,299 | 34237 | |||
CAP-980 | Old Woman Creek | $ | 2,969 | 34238 | |||
Total Division of Natural Areas | $ | 504,324 | 34239 |
34240 |
CAP-003 | Barkcamp State Park | $ | 3,025 | 34241 | |||
CAP-004 | Burr Oak State Park | $ | 7,400 | 34242 | |||
CAP-005 | Cowan Lake State Park | $ | 9,337 | 34243 | |||
CAP-010 | East Harbor State Park | $ | 38,129 | 34244 | |||
CAP-016 | Hueston Woods State Park | $ | 7,300 | 34245 | |||
CAP-017 | Indian Lake State Park | $ | 2,569 | 34246 | |||
CAP-019 | Lake Hope State Park | $ | 22,695 | 34247 | |||
CAP-022 | Muskingum River Lock #2 | $ | 20,000 | 34248 | |||
CAP-025 | Punderson Lake State Park | $ | 5,997 | 34249 | |||
CAP-027 | Rocky Fork State Park | $ | 28,212 | 34250 | |||
CAP-029 | Salt Fork State Park | $ | 1,017 | 34251 | |||
CAP-032 | West Branch State Park | $ | 3,243 | 34252 | |||
CAP-051 | Buck Creek State Park | $ | 25,500 | 34253 | |||
CAP-060 | East Fork State Park | $ | 51,942 | 34254 | |||
CAP-064 | Geneva State Park | $ | 5,838 | 34255 | |||
CAP-068 | Kennedy Stone House | $ | 15,000 | 34256 | |||
CAP-069 | Hocking Hills State Park | $ | 11,725 | 34257 | |||
CAP-081 | Jackson Lake State Park | $ | 19,416 | 34258 | |||
CAP-083 | John Bryan State Park Shelter Construction | $ | 30,000 | 34259 | |||
CAP-084 | Findley State Park General Improvements | $ | 12,500 | 34260 | |||
CAP-089 | Mosquito Lake State Park | $ | 28,000 | 34261 | |||
CAP-093 | Portage Lakes State Park | $ | 129,944 | 34262 | |||
CAP-114 | Beaver Creek State Park | $ | 12,000 | 34263 | |||
CAP-222 | Wolf Run State Park | $ | 21,787 | 34264 | |||
CAP-234 | State Parks, Campgrounds, Lodges, and Cabins | $ | 1,666,051 | 34265 | |||
CAP-305 | Maumee Bay State Park | $ | 900 | 34266 | |||
CAP-331 | Park Boating Facilities | $ | 5,226,013 | 34267 | |||
CAP-390 | State Park Maintenance/Facility Development | $ | 1,484,882 | 34268 | |||
CAP-716 | Muskingum River Parkway Locks | $ | 7,116 | 34269 | |||
CAP-815 | Mary Jane Thurston State Park | $ | 2,200 | 34270 | |||
CAP-825 | Marblehead Lighthouse State Park | $ | 564 | 34271 | |||
CAP-829 | Sycamore State Park | $ | 500 | 34272 | |||
CAP-836 | State Park Renovations/Upgrading | $ | 709,026 | 34273 | |||
CAP-851 | Cleveland Lakefront | $ | 146,371 | 34274 | |||
CAP-916 | Lake Milton State Park | $ | 5,882 | 34275 | |||
CAP-949 | Muskingum Lock #3 | $ | 3,700 | 34276 | |||
CAP-954 | Muskingum Lock #4 | $ | 93,942 | 34277 | |||
Total Division of Parks and Recreation | $ | 9,859,723 | 34278 |
34279 |
CAP-086 | Scippo Creek Conservation | $ | 75,000 | 34280 | |||
Total Division of Soil and Water Conservation | $ | 75,000 | 34281 |
34282 |
CAP-705 | Rehabilitate Canals, Hydraulic Works, and Support Facilities | $ | 2,867,787 | 34283 | |||
CAP-730 | Miami and Erie Canal | $ | 700 | 34284 | |||
CAP-819 | Rehabilitate/Automate - Ohio Ground Water Observation Well Network | $ | 68,383 | 34285 | |||
CAP-820 | Automated Stream, Lake, and Ground Water Data Collection | $ | 509,396 | 34286 | |||
CAP-828 | Ohio and Erie Canal Rehabilitation | $ | 205,572 | 34287 | |||
CAP-848 | Hazardous Dam Repair - Statewide | $ | 220,000 | 34288 | |||
Total Division of Water | $ | 3,871,838 | 34289 | ||||
TOTAL Department of Natural Resources | $ | 47,894,047 | 34290 | ||||
TOTAL OHIO PARKS AND NATURAL RESOURCES FUND | $ | 47,894,047 | 34291 |
Section 245.20. MOSQUITO LAKE STATE PARK | 34293 |
The amount reappropriated for the foregoing appropriation | 34294 |
item CAP-089, Mosquito Lake State Park, is the unencumbered and | 34295 |
unalloted balance, as of June 30, 2006, in appropriation item | 34296 |
CAP-089, Mosquito Lake State Park, plus $25,000 of the | 34297 |
unencumbered and unalloted balance, as of June 30, 2006, in | 34298 |
appropriation item CAP-063, Robins Theatre Renovations, in the | 34299 |
Cultural and Sports Facilities Building Fund (Fund 030). | 34300 |
Of the foregoing appropriation item CAP-089, Mosquito Lake | 34301 |
State Park, up to $25,000 shall be used to conduct a state park | 34302 |
lodge feasibility study. | 34303 |
LOCAL PARKS PROJECTS - STATEWIDE | 34304 |
The amount reappropriated for the foregoing appropriation | 34305 |
item CAP-748, Local Parks Projects - Statewide, is $1,573,564 | 34306 |
plus the unencumbered and unallotted balance as of June 30, 2006, | 34307 |
in item CAP-748, Local Parks Projects - Statewide, plus the | 34308 |
unencumbered and unallotted balance as of June 30, 2006, in item | 34309 |
CAP-862, Goll Wood Homestead in the Cultural and Sports Facilities | 34310 |
Building Fund (Fund 030). The $1,573,564 represents amounts that | 34311 |
were previously appropriated, allocated to counties pursuant to | 34312 |
division (D) of section 1557.06 of the Revised Code, and | 34313 |
encumbered for local project grants. The encumbrances for these | 34314 |
local projects in the various counties shall be canceled by the | 34315 |
Director of Natural Resources or the Director of Budget and | 34316 |
Management. The Director of Natural Resources shall allocate the | 34317 |
$1,573,564 to the same counties the moneys were originally | 34318 |
allocated to, in the amount of the canceled encumbrances. | 34319 |
GOLL WOOD HOMESTEAD | 34320 |
Of the foregoing appropriation item CAP-748, Local Parks | 34321 |
Projects - Statewide, $50,000 shall be used for the Goll Wood | 34322 |
Homestead. | 34323 |
DAM REHABILITATION | 34324 |
Of the foregoing appropriation item CAP-881, Dam | 34325 |
Rehabilitation, up to $970,000 shall be used to rehabilitate the | 34326 |
Muskingum River Locks and Dams. | 34327 |
Section 245.30. For the projects appropriated in Section | 34328 |
245.10 of this act, the Ohio Department of Natural Resources shall | 34329 |
periodically prepare and submit to the Director of Budget and | 34330 |
Management the estimated design, planning, and engineering costs | 34331 |
of capital-related work to be done by the Department of Natural | 34332 |
Resources for each project. Based on the estimates, the Director | 34333 |
of Budget and Management may release appropriations from the | 34334 |
foregoing appropriation item CAP-753, Project Planning, within the | 34335 |
Ohio Parks and Natural Resources Fund (Fund 031) to pay for | 34336 |
design, planning, and engineering costs incurred by the Department | 34337 |
of Natural Resources for such projects. Upon release of the | 34338 |
appropriations by the Director of Budget and Management, the | 34339 |
Department of Natural Resources shall pay for these expenses from | 34340 |
Fund 4S9, Capital Expenses, and be reimbursed by the Ohio Parks | 34341 |
and Natural Resources Fund (Fund 031) using an intrastate voucher. | 34342 |
Section 247.10. All items set forth in this section are | 34343 |
hereby appropriated out of any moneys in the state treasury to the | 34344 |
credit of the School Building Program Assistance Fund (Fund 032) | 34345 |
that are not otherwise appropriated: | 34346 |
Reappropriations |
34347 |
CAP-770 | School Building Program Assistance | $ | 183,784,236 | 34348 | |||
CAP-779 | Exceptional Needs | $ | 5,846,594 | 34349 | |||
CAP-785 | Vocation Facilities Assistance Program | $ | 574,722 | 34350 | |||
Total School Facilities Commission | $ | 190,205,552 | 34351 | ||||
TOTAL School Building Program Assistance Fund | $ | 190,205,552 | 34352 |
Section 249.10. All items set forth in Sections 249.20 to | 34354 |
249.40 of this act are hereby appropriated out of any moneys in | 34355 |
the state treasury to the credit of the Mental Health Facilities | 34356 |
Improvement Fund (Fund 033) that are not otherwise appropriated: | 34357 |
Reappropriations |
Section 249.20. ADA DEPARTMENT OF ALCOHOL AND DRUG ADDICTION | 34358 |
SERVICES | 34359 |
CAP-002 | Community Assistance Projects | $ | 3,088,902 | 34360 | |||
Total Department of Alcohol and Drug Addiction | 34361 | ||||||
Services | $ | 3,088,902 | 34362 |
COMMUNITY ASSISTANCE PROJECTS | 34363 |
Of the foregoing appropriation item CAP-002, Community | 34364 |
Assistance Projects, $207,624 shall be used to continue | 34365 |
renovations for the Oak House Women's Residential Treatment | 34366 |
Facility. | 34367 |
Reappropriations |
Section 249.30. DMH DEPARTMENT OF MENTAL HEALTH | 34368 |
34369 |
CAP-092 | Hazardous Materials Abatement | $ | 382,281 | 34370 | |||
CAP-479 | Community Assistance Projects | $ | 4,726,308 | 34371 | |||
CAP-906 | Campus Consolidation - Automation | $ | 2,668,974 | 34372 | |||
CAP-943 | Dietary Delivery Systems | $ | 6,534 | 34373 | |||
CAP-946 | Demolition | $ | 263,542 | 34374 | |||
CAP-976 | Life Safety/Critical Plant Renovations | $ | 69,354 | 34375 | |||
CAP-977 | Patient Care/Environment Improvement | $ | 1,605,463 | 34376 | |||
CAP-978 | Infrastructure Renovations | $ | 7,444,890 | 34377 | |||
CAP-981 | Emergency Improvements | $ | 2,843,566 | 34378 | |||
CAP-984 | Patient Environment Improvement Consolidation | $ | 176,853 | 34379 | |||
Total Department of Mental Health | $ | 20,187,765 | 34380 |
Reappropriations |
Section 249.40. DMR DEPARTMENT OF MENTAL RETARDATION AND | 34382 |
DEVELOPMENTAL DISABILITIES | 34383 |
34384 |
CAP-001 | Asbestos Abatement | $ | 1,026,917 | 34385 | |||
CAP-480 | Community Assistance Projects | $ | 13,020,936 | 34386 | |||
CAP-901 | Razing of Buildings | $ | 80,013 | 34387 | |||
CAP-912 | Telecommunications Systems Improvement | $ | 9,454 | 34388 | |||
CAP-941 | Emergency Generator Replacement | $ | 140,580 | 34389 | |||
CAP-955 | Statewide Developmental Centers | $ | 1,985,066 | 34390 | |||
CAP-981 | Emergency Improvements | $ | 231,846 | 34391 | |||
Total Statewide and Central Office Projects | $ | 16,494,812 | 34392 |
STATEWIDE DEVELOPMENTAL CENTERS | 34393 |
The amount reappropriated for the foregoing appropriation | 34394 |
item CAP-955, Statewide Developmental Centers, is the unencumbered | 34395 |
and unallotted balance as of June 30, 2006, plus the sum of the | 34396 |
unencumbered and unallotted balances for appropriation item | 34397 |
CAP-791, Jonathan Hall Renovation; CAP-795, Ruby Hall Renovation; | 34398 |
and CAP-940, Sewage Treatment Plant Renovation as of June 30, | 34399 |
2006. | 34400 |
COMMUNITY ASSISTANCE PROJECTS | 34401 |
The foregoing appropriation item CAP-480, Community | 34402 |
Assistance Projects, may be used to provide community assistance | 34403 |
funds for the construction or renovation of facilities for day | 34404 |
programs or residential programs that provide services to persons | 34405 |
eligible for services from the Department of Mental Retardation | 34406 |
and Developmental Disabilities or county boards of mental | 34407 |
retardation and developmental disabilities. Any funds provided to | 34408 |
nonprofit agencies for the construction or renovation of | 34409 |
facilities for persons eligible for services from the Department | 34410 |
of Mental Retardation and Developmental Disabilities and county | 34411 |
boards of mental retardation and developmental disabilities are | 34412 |
subject to the prevailing wage provisions in section 176.05 of the | 34413 |
Revised Code. | 34414 |
34415 |
34416 |
CAP-711 | Residential Renovations - CAMDC | $ | 41,981 | 34417 | |||
CAP-910 | HVAC Renovations - Residential Buildings | $ | 1,000 | 34418 | |||
CAP-913 | Cambridge HVAC Upgrade - Activity Center | $ | 3,538 | 34419 | |||
CAP-969 | Utility Upgrade Centerwide | 5,960 | 34420 | ||||
Total Cambridge Developmental Center | $ | 52,479 | 34421 |
34422 |
CAP-852 | Fire Alarm System Improvements | $ | 5,500 | 34423 | |||
CAP-958 | Columbus Developmental Center | $ | 11,794 | 34424 | |||
Total Columbus Developmental Center | $ | 17,294 | 34425 |
34426 |
CAP-723 | HVAC Replacements | $ | 12,615 | 34427 | |||
CAP-959 | Gallipolis Developmental Center | $ | 35,244 | 34428 | |||
Total Gallipolis Developmental Center | $ | 47,859 | 34429 |
34430 |
CAP-960 | Montgomery Developmental Center | $ | 2,159 | 34431 | |||
Total Montgomery Developmental Center | $ | 2,159 | 34432 |
34433 |
CAP-080 | Renovate Main Kitchen - Rian Hall | $ | 19,210 | 34434 | |||
CAP-962 | Mount Vernon Developmental Center | $ | 481,912 | 34435 | |||
Total Mount Vernon Developmental Center | $ | 501,122 | 34436 |
34437 |
CAP-947 | Replace Chiller | $ | 8,535 | 34438 | |||
CAP-963 | Northwest Ohio Developmental Center | $ | 79,096 | 34439 | |||
Total Northwest Ohio Developmental Center | $ | 87,631 | 34440 |
34441 |
CAP-863 | Residential Renovation - HVAC Upgrade | $ | 139,189 | 34442 | |||
CAP-964 | Southwest Ohio Developmental Center | $ | 78,983 | 34443 | |||
CAP-976 | Renovation Program and Support Services Building | $ | 3,900 | 34444 | |||
Total Southwest Ohio Developmental Center | $ | 222,072 | 34445 |
34446 |
CAP-931 | Roof and Exterior Renovations | $ | 19,666 | 34447 | |||
CAP-966 | Tiffin Developmental Center | $ | 27,175 | 34448 | |||
Total Tiffin Developmental Center | $ | 46,841 | 34449 |
34450 |
CAP-867 | Residential Renovations - WDC | $ | 5,057 | 34451 | |||
CAP-900 | Water Line Replacement - WDC | $ | 16,267 | 34452 | |||
CAP-936 | HVAC Renovations | $ | 4,873 | 34453 | |||
CAP-950 | ADA Compliance - WDC | $ | 3,628 | 34454 | |||
CAP-967 | Warrensville Developmental Center | $ | 48,032 | 34455 | |||
Total Warrensville Developmental Center | $ | 77,857 | 34456 |
34457 |
CAP-968 | Youngstown Developmental Center | $ | 69,681 | 34458 | |||
Total Youngstown Developmental Center | $ | 69,681 | 34459 |
TOTAL Department of Mental Retardation | 34460 | ||||||
and Developmental Disabilities | $ | 17,619,807 | 34461 | ||||
TOTAL Mental Health Facilities Improvement Fund | $ | 40,896,474 | 34462 |
Section 249.50. The foregoing appropriations for the | 34464 |
Department of Alcohol and Drug Addiction Services, CAP-002, | 34465 |
Community Assistance Projects; Department of Mental Health, | 34466 |
CAP-479, Community Assistance Projects; and Department of Mental | 34467 |
Retardation and Developmental Disabilities, CAP-480, Community | 34468 |
Assistance Projects, may be used on facilities constructed or to | 34469 |
be constructed pursuant to Chapter 340., 3793., 5119., 5123., or | 34470 |
5126. of the Revised Code or the authority granted by section | 34471 |
154.20 of the Revised Code and the rules adopted pursuant to those | 34472 |
chapters and that section and shall be distributed by the | 34473 |
Department of Alcohol and Drug Addiction Services, the Department | 34474 |
of Mental Health, and the Department of Mental Retardation and | 34475 |
Developmental Disabilities, subject to Controlling Board approval. | 34476 |
Section 249.60. (A) No capital improvement appropriations | 34477 |
made in Sections 249.20 to 249.40 of this act shall be released | 34478 |
for planning or for improvement, renovation, or construction or | 34479 |
acquisition of capital facilities if a governmental agency, as | 34480 |
defined in section 154.01 of the Revised Code, does not own the | 34481 |
real property that constitutes the capital facilities or on which | 34482 |
the capital facilities are or will be located. This restriction | 34483 |
does not apply in any of the following circumstances: | 34484 |
(1) The governmental agency has a long-term (at least fifteen | 34485 |
years) lease of, or other interest (such as an easement) in, the | 34486 |
real property. | 34487 |
(2) In the case of an appropriation for capital facilities | 34488 |
that, because of their unique nature or location, will be owned or | 34489 |
be part of facilities owned by a separate nonprofit organization | 34490 |
and made available to the governmental agency for its use, the | 34491 |
nonprofit organization either owns or has a long-term (at least | 34492 |
fifteen years) lease of the real property or other capital | 34493 |
facility to be improved, renovated, constructed, or acquired and | 34494 |
has entered into a joint or cooperative use agreement, approved by | 34495 |
the Department of Mental Health, Department of Mental Retardation | 34496 |
and Developmental Disabilities, or Department of Alcohol and Drug | 34497 |
Addiction Services, whichever is applicable, with the governmental | 34498 |
agency for that agency's use of and right to use the capital | 34499 |
facilities to be financed and, if applicable, improved, the value | 34500 |
of such use or right to use being, as determined by the parties, | 34501 |
reasonably related to the amount of the appropriation. | 34502 |
(B) In the case of capital facilities referred to in division | 34503 |
(A)(2) of this section, the joint or cooperative use agreement | 34504 |
shall include, as a minimum, provisions that: | 34505 |
(1) Specify the extent and nature of that joint or | 34506 |
cooperative use, extending for no fewer than fifteen years, with | 34507 |
the value of such use or right to use to be, as determined by the | 34508 |
parties and approved by the applicable department, reasonably | 34509 |
related to the amount of the appropriation; | 34510 |
(2) Provide for pro rata reimbursement to the state should | 34511 |
the arrangement for joint or cooperative use by a governmental | 34512 |
agency be terminated; | 34513 |
(3) Provide that procedures to be followed during the capital | 34514 |
improvement process will comply with appropriate applicable state | 34515 |
statutes and rules, including provisions of this act. | 34516 |
Section 251.10. All items set forth in Sections 251.20 to | 34517 |
256.80 of this act are hereby appropriated out of any moneys in | 34518 |
the state treasury to the credit of the Higher Education | 34519 |
Improvement Fund (Fund 034) that are not otherwise appropriated: | 34520 |
Reappropriations |
Section 251.20. ETC ETECH OHIO | 34521 |
CAP-001 | Educational Television and Radio Equipment | $ | 1,889,477 | 34522 | |||
CAP-002 | Educational Broadcasting Fiber Optic Network | $ | 51,748 | 34523 | |||
Total eTech Ohio | $ | 1,941,225 | 34524 |
EDUCATIONAL TELEVISION AND RADIO EQUIPMENT | 34525 |
The foregoing appropriation item CAP-001, Educational | 34526 |
Television and Radio Equipment, shall be used to provide | 34527 |
broadcasting, transmission, and production equipment to Ohio | 34528 |
public radio and television stations, radio reading services, and | 34529 |
the eTech Ohio Commission. | 34530 |
EDUCATIONAL BROADCASTING FIBER OPTIC NETWORK | 34531 |
The foregoing appropriation item CAP-002, Educational | 34532 |
Broadcasting Fiber Optic Network, shall be used to link the Ohio | 34533 |
public radio and television stations, radio reading services, and | 34534 |
the Educational Telecommunications Network for the reception and | 34535 |
transmission of digital communications through fiber optic cable | 34536 |
or other technology. | 34537 |
Reappropriations |
Section 251.30. BOR BOARD OF REGENTS | 34538 |
CAP-029 | Ohio Library And Information Network | $ | 3,500,000 | 34539 | |||
CAP-030 | Supercomputer Center Expansion | $ | 228,599 | 34540 | |||
CAP-032 | Research Facility Investment Loans/Grants | $ | 2,401,427 | 34541 | |||
CAP-061 | Central State Rehabilitation | $ | 207,012 | 34542 | |||
CAP-068 | Third Frontier Project | $ | 50,000,001 | 34543 | |||
CAP-071 | Center for Transitional and Applied Genomics | $ | 500,000 | 34544 | |||
CAP-072 | Cleveland Clinic Heart Center Infrastructure | $ | 5,000,000 | 34545 | |||
CAP-073 | Technology Incubator for Market-Ready Applications | $ | 2,000,000 | 34546 | |||
CAP-077 | Center For Structural Biology | $ | 1,000,000 | 34547 | |||
CAP-078 | One Cleveland Broadband Network | $ | 500,000 | 34548 | |||
CAP-079 | Central Ohio Technology Corridor - Dublin | $ | 500,000 | 34549 | |||
CAP-080 | OSU Supercomputer Center Aerospace | $ | 50,000 | 34550 | |||
CAP-081 | Youngstown Market Ready Incubator | $ | 750,000 | 34551 | |||
Total Board of Regents | $ | 66,637,039 | 34552 |
Section 251.40. RESEARCH FACILITY ACTION AND INVESTMENT | 34554 |
FUNDS | 34555 |
The foregoing appropriation item CAP-032, Research Facility | 34556 |
Investment Loans/Grants, shall be used for a program of grants to | 34557 |
be administered by the Board of Regents to provide timely | 34558 |
availability of capital facilities for research programs and | 34559 |
research-oriented instructional programs at or involving | 34560 |
state-supported and state-assisted institutions of higher | 34561 |
education. | 34562 |
The Board of Regents shall adopt rules under Chapter 119. of | 34563 |
the Revised Code relative to the application for and approval of | 34564 |
projects funded from appropriation item CAP-032, Research Facility | 34565 |
Investment Loans/Grants. The rules shall be reviewed and approved | 34566 |
by the Legislative Committee on Education Oversight. The Board of | 34567 |
Regents shall inform the President of the Senate and the Speaker | 34568 |
of the House of Representatives of each project application for | 34569 |
funding received. Each project receiving a commitment for funding | 34570 |
by the Board of Regents under the rules shall be reported to the | 34571 |
President of the Senate and the Speaker of the House of | 34572 |
Representatives. | 34573 |
Section 251.50. REPAYMENT OF RESEARCH FACILITY INVESTMENT | 34574 |
LOANS/GRANTS MONEYS | 34575 |
Notwithstanding any provision of law to the contrary, all | 34576 |
repayments of Research Facility Investment Loans/Grants loans | 34577 |
shall be made to the Bond Service Account in the Higher Education | 34578 |
Bond Service Trust Fund. | 34579 |
Institutions of higher education shall make timely repayments | 34580 |
of Research Facility Investment Loans/Grants loans, according to | 34581 |
the schedule established by the Board of Regents. In the case of | 34582 |
late payments, the Board of Regents may deduct from an | 34583 |
institution's periodic subsidy distribution an amount equal to the | 34584 |
amount of the overdue payment for that institution, transfer such | 34585 |
amount to the Bond Service Trust Fund, and credit the appropriate | 34586 |
institution for the repayment. | 34587 |
Section 251.60. THIRD FRONTIER PROJECT | 34588 |
The foregoing appropriation item CAP-068, Third Frontier | 34589 |
Project, shall be used to acquire, renovate, or construct | 34590 |
facilities and purchase equipment for research programs, | 34591 |
technology development, product development, and commercialization | 34592 |
programs at or involving state-supported and state-assisted | 34593 |
institutions of higher education. The funds shall be used to make | 34594 |
grants awarded on a competitive basis, and shall be administered | 34595 |
by the Third Frontier Commission. Expenditure of these funds shall | 34596 |
comply with Section 2n of Article VIII, Ohio Constitution, and | 34597 |
sections 151.01 and 151.04 of the Revised Code for the period | 34598 |
beginning July 1, 2006, and ending June 30, 2008. | 34599 |
The Third Frontier Commission shall develop guidelines | 34600 |
relative to the application for and selection of projects funded | 34601 |
from appropriation item CAP-068, Third Frontier Project. The | 34602 |
commission may develop these guidelines in consultation with other | 34603 |
interested parties. The Board of Regents and all state-assisted | 34604 |
and state-supported institutions of higher education shall take | 34605 |
all actions necessary to implement grants awarded by the Third | 34606 |
Frontier Commission. | 34607 |
The foregoing appropriation item CAP-068, Third Frontier | 34608 |
Project, for which an appropriation is made from the Higher | 34609 |
Education Improvement Fund (Fund 034), is determined to consist of | 34610 |
capital improvements and capital facilities for state-supported | 34611 |
and state-assisted institutions of higher education, and is | 34612 |
designated for the capital facilities to which proceeds of | 34613 |
obligations in the Higher Education Improvement Fund (Fund 034) | 34614 |
are to be applied. | 34615 |
Section 251.80. REIMBURSEMENT FOR PROJECT COSTS | 34616 |
Appropriations made in Sections 251.30 to 256.80 of this act | 34617 |
for purposes of the costs of capital facilities', the interim | 34618 |
financing of which the particular institution has previously | 34619 |
issued its own obligations anticipating the possibility of future | 34620 |
state appropriations to pay all or a portion of such costs, as | 34621 |
contemplated in division (B) of section 3345.12 of the Revised | 34622 |
Code, shall be paid directly to the institution or the paying | 34623 |
agent for those outstanding obligations in the full principal | 34624 |
amount of those obligations then to be paid from the anticipated | 34625 |
appropriation and shall be timely applied to the retirement of a | 34626 |
like principal amount of the institution's obligations. | 34627 |
Appropriations made in Sections 251.30 to 256.80 of this act | 34628 |
for purposes of the costs of capital facilities, all or a portion | 34629 |
of which costs the particular institution has paid from the | 34630 |
institution's moneys that were temporarily available and which | 34631 |
expenditures were reasonably expected at the time of the advance | 34632 |
by the institution and the state to be reimbursed from the | 34633 |
proceeds of obligations issued by the state, shall be directly | 34634 |
paid to the institution in the full amounts of those payments and | 34635 |
shall be timely applied to the reimbursement of those temporarily | 34636 |
available moneys. All reimbursements are subject to review and | 34637 |
approval through the capital release process. | 34638 |
Reappropriations |
Section 251.90. UAK UNIVERSITY OF AKRON | 34639 |
CAP-008 | Basic Renovations | $ | 4,512,104 | 34640 | |||
CAP-047 | Polsky Building Renovation | $ | 1,421,625 | 34641 | |||
CAP-049 | Basic Renovations - Wayne | $ | 313,880 | 34642 | |||
CAP-054 | Auburn Science/Whitby Rehabilitation | $ | 9,697,799 | 34643 | |||
CAP-061 | Asbestos Abatement | $ | 47,861 | 34644 | |||
CAP-063 | Child Care Facility | $ | 4,428 | 34645 | |||
CAP-076 | Supercritical Fluid Technology | $ | 30,251 | 34646 | |||
CAP-077 | Leigh Hall Rehabilitation | $ | 766,457 | 34647 | |||
CAP-087 | Global PVC Research Consortium | $ | 7,144 | 34648 | |||
CAP-091 | Student Affairs Building | $ | 53,082 | 34649 | |||
CAP-097 | Ohio NMR Consortium | $ | 96,500 | 34650 | |||
CAP-098 | Guzzetta Hall Addition | $ | 77,848 | 34651 | |||
CAP-099 | D Wing Expansion | $ | 243,750 | 34652 | |||
CAP-100 | Classroom Office Addition - Design | $ | 120,120 | 34653 | |||
CAP-101 | National Polymer Processing Center | $ | 1,000,000 | 34654 | |||
CAP-104 | Nanoscale Polymers Manufacturing | $ | 124,366 | 34655 | |||
CAP-111 | 500 MHz NMR Spectrometer | $ | 117,444 | 34656 | |||
CAP-113 | Student & Administrative Services Building - Phase 2 | $ | 362,196 | 34657 | |||
CAP-114 | Facility Enhancement Building H - Phase 2 | $ | 628,277 | 34658 | |||
CAP-115 | Medina County University Center | $ | 1,000,000 | 34659 | |||
CAP-116 | Fir Hill Plaza Renovations | $ | 1,249,743 | 34660 | |||
CAP-117 | Shrank Hall Renovation | $ | 1,342,414 | 34661 | |||
Total University of Akron | $ | 23,217,289 | 34662 |
Reappropriations |
Section 252.10. BGU BOWLING GREEN STATE UNIVERSITY | 34664 |
CAP-009 | Basic Renovations | $ | 7,386,239 | 34665 | |||
CAP-060 | Basic Renovations - Firelands | $ | 459,399 | 34666 | |||
CAP-074 | Instructional and Data Processing Equipment | $ | 1,426,543 | 34667 | |||
CAP-078 | Asbestos Abatement | $ | 1,584 | 34668 | |||
CAP-088 | ADA Modifications | $ | 19,544 | 34669 | |||
CAP-091 | Child Care Facility | $ | 49,406 | 34670 | |||
CAP-094 | Materials Network | $ | 90,981 | 34671 | |||
CAP-102 | Network Infrastructure - Phase 1 | $ | 244,131 | 34672 | |||
CAP-108 | Tunnel Upgrade - Phase 2 | $ | 98,820 | 34673 | |||
CAP-110 | Hannah Hall Rehabilitation | $ | 2,005,522 | 34674 | |||
CAP-112 | Biology Lab Renovation | $ | 12,533,708 | 34675 | |||
CAP-113 | Campus-Wide Paving/Sidewalk Upgrade | $ | 352,700 | 34676 | |||
CAP-114 | Student Learning | $ | 13,149 | 34677 | |||
CAP-115 | Video Teaching Network | $ | 5,436 | 34678 | |||
CAP-118 | Kinetic Spectrometry Consortium | $ | 77,671 | 34679 | |||
CAP-119 | Admissions Visitor Center | $ | 3,000,000 | 34680 | |||
CAP-120 | Theatre/Performing Arts Complex | $ | 8,750,000 | 34681 | |||
CAP-121 | University Hall Rehabilitation | $ | 1,174,981 | 34682 | |||
CAP-124 | Administration Building Fire Alarm System | $ | 83,986 | 34683 | |||
CAP-125 | Campus-Wide Carpet Upgrade | $ | 329,700 | 34684 | |||
CAP-126 | Reroof East, West, and North Buildings | $ | 600,000 | 34685 | |||
CAP-127 | Instructional Laboratory - Phase 1 | $ | 123,735 | 34686 | |||
CAP-128 | Perrysburg Heights Multipurpose Facility | $ | 500,000 | 34687 | |||
CAP-129 | Wood County Senior Kitchen Project | $ | 500,000 | 34688 | |||
Total Bowling Green State University | $ | 39,827,235 | 34689 |
BASIC RENOVATIONS | 34690 |
The amount reappropriated for the foregoing appropriation | 34691 |
item CAP-009, Basic Renovations, is the sum of the unencumbered | 34692 |
and unallotted balances as of June 30, 2006, in appropriation | 34693 |
items CAP-009, Basic Renovations; CAP-093, Pedestrian Mall | 34694 |
Project; CAP-104, Jerome Library Renovations; CAP-105, | 34695 |
Administration Building Elevators; and CAP-117, Administration | 34696 |
Building Chiller. | 34697 |
Reappropriations |
Section 252.20. CSU CENTRAL STATE UNIVERSITY | 34698 |
CAP-022 | Basic Renovations | $ | 676,223 | 34699 | |||
CAP-068 | Instructional and Data Processing Replacement | $ | 85,065 | 34700 | |||
CAP-084 | Academic Facility - Phase 1 | $ | 3,791,729 | 34701 | |||
Total Central State University | $ | 4,553,017 | 34702 |
Reappropriations |
Section 252.30. UCN UNIVERSITY OF CINCINNATI | 34704 |
CAP-009 | Basic Renovations | $ | 512,716 | 34705 | |||
CAP-018 | Basic Renovations - Clermont | $ | 298,701 | 34706 | |||
CAP-054 | Raymond Walters Renovations | $ | 428,426 | 34707 | |||
CAP-119 | Instructional & Data Processing Equipment | $ | 12,537 | 34708 | |||
CAP-122 | Infrastructure Assessment | $ | 2,518 | 34709 | |||
CAP-128 | Science and Allied Health Building - Walters | $ | 118,748 | 34710 | |||
CAP-131 | Convention Center | $ | 2,500,000 | 34711 | |||
CAP-137 | MSB Otolaryngology | $ | 1,228 | 34712 | |||
CAP-141 | ADA Modifications | $ | 49,860 | 34713 | |||
CAP-142 | ADA Modifications - Clermont | $ | 6,039 | 34714 | |||
CAP-158 | Molecular Components/Simulation Network | $ | 16,817 | 34715 | |||
CAP-171 | Asbestos - Rieveschl Hall | $ | 107,550 | 34716 | |||
CAP-173 | Surface Engineering | $ | 24,503 | 34717 | |||
CAP-174 | Classroom/Teaching Lab Renovations | $ | 89,236 | 34718 | |||
CAP-176 | Network Expansion | $ | 19,000 | 34719 | |||
CAP-180 | Rapid Prototype Process | $ | 41,626 | 34720 | |||
CAP-187 | MSB Small Group Learning Spaces | $ | 1,125 | 34721 | |||
CAP-193 | Nano Particles | $ | 1,103 | 34722 | |||
CAP-194 | Transgenic Core Capacity | $ | 1,633 | 34723 | |||
CAP-195 | Thin Film Analysis | $ | 110,452 | 34724 | |||
CAP-196 | Electronic Reconstruction | $ | 1,784 | 34725 | |||
CAP-197 | Med Center Technology | $ | 1,546 | 34726 | |||
CAP-198 | TC/Dyer Rehabilitation - Phase 1A | $ | 8,532 | 34727 | |||
CAP-203 | Zimmer Plaza & Auditorium Rehabilitation | $ | 5,919 | 34728 | |||
CAP-205 | Medical Science Building Rehabilitation | $ | 3,626,342 | 34729 | |||
CAP-206 | One Stop Services Center | $ | 97,535 | 34730 | |||
CAP-207 | Central Campus Infrastructure | $ | 287,593 | 34731 | |||
CAP-208 | Security System Upgrade | $ | 50,000 | 34732 | |||
CAP-209 | Library Renovations | $ | 800,500 | 34733 | |||
CAP-218 | Creation of a P3 Facility | $ | 500 | 34734 | |||
CAP-223 | Teachers College/Dyer Hall Rehabilitation - Phase 2 | $ | 986,560 | 34735 | |||
CAP-224 | Van Wormer Administrative Building Rehabilitation | $ | 25,425 | 34736 | |||
CAP-226 | Holocaust Archives | $ | 47,580 | 34737 | |||
CAP-237 | Biomedical Engineering | $ | 17,145 | 34738 | |||
CAP-250 | Student Services | $ | 111,750 | 34739 | |||
CAP-262 | Central Campus Renovations | $ | 8,442 | 34740 | |||
CAP-263 | Swift Rehabilitation | $ | 9,667 | 34741 | |||
CAP-264 | McMicken Window Replacement | $ | 66,882 | 34742 | |||
CAP-265 | Rieveschl/Crosley Rehab/Expansion | $ | 720,764 | 34743 | |||
CAP-268 | 800 MHz Radio System | $ | 15,000 | 34744 | |||
CAP-270 | CAS HVAC Upgrades | $ | 4,005 | 34745 | |||
CAP-273 | Help Phones | $ | 43,754 | 34746 | |||
CAP-278 | Structural Biology | $ | 59,533 | 34747 | |||
CAP-279 | Developmental Neurobiology | $ | 500,000 | 34748 | |||
CAP-286 | CAS Fire Alarm Upgrade | $ | 35,273 | 34749 | |||
CAP-287 | Classroom Security System | $ | 39,827 | 34750 | |||
CAP-290 | Mainframe Computing Alliance | $ | 16,351 | 34751 | |||
CAP-291 | Proteomics in the Post Genome Era | $ | 30,860 | 34752 | |||
CAP-292 | Nanoscale Hybrid Materials | $ | 79,677 | 34753 | |||
CAP-293 | Accelerated Maturation of Materials | $ | 632 | 34754 | |||
CAP-304 | GRi Building F240 Renovation | $ | 5,393 | 34755 | |||
CAP-305 | Peters-Jones Building Restroom Upgrade | $ | 1,943 | 34756 | |||
CAP-311 | Gas Turbine Spray Combustion | $ | 150,000 | 34757 | |||
CAP-314 | Bridging the Skills Gap | $ | 593,912 | 34758 | |||
CAP-317 | Gibson House Fire Alarm | $ | 16,041 | 34759 | |||
CAP-318 | MSb Interim-FM Relocation | $ | 14,673 | 34760 | |||
CAP-319 | Elevator Cylinder Replacements | $ | 36,725 | 34761 | |||
CAP-320 | HPB G58 - Network Office Renovation | $ | 2,414 | 34762 | |||
CAP-327 | Electronic Systems Emulation | $ | 60,000 | 34763 | |||
CAP-329 | Uptown Consortium Renovations/Turner plc | $ | 250,000 | 34764 | |||
CAP-330 | Blegen Windows | $ | 72,778 | 34765 | |||
CAP-331 | West Campus GFCI Lab Upgrades | $ | 8,125 | 34766 | |||
CAP-332 | Blegen ADA Upgrade | $ | 9,973 | 34767 | |||
CAP-334 | Lindner Fire Alarm Upgrade | $ | 279,138 | 34768 | |||
CAP-335 | People Working Cooperatively | $ | 100,000 | 34769 | |||
CAP-336 | Advanced Oxidation Technologies | $ | 62,262 | 34770 | |||
CAP-337 | CAS Electrical Upgrades | $ | 36,821 | 34771 | |||
CAP-338 | Live Tissue Imaging | $ | 77,319 | 34772 | |||
CAP-340 | Lean Product Development | $ | 1,000,000 | 34773 | |||
CAP-341 | Clermont Snyder Masonry Restoration | $ | 3,950 | 34774 | |||
CAP-345 | Proctor Elevator Improvements | $ | 279,388 | 34775 | |||
Total University of Cincinnati | $ | 15,104,051 | 34776 |
BASIC RENOVATIONS | 34777 |
The amount reappropriated for the foregoing appropriation | 34778 |
item CAP-009, Basic Renovations, is the sum of the unencumbered | 34779 |
and unallotted balances as of June 30, 2006, in appropriation | 34780 |
items CAP-009, Basic Renovations; CAP-276, Health Professionals | 34781 |
Building G44E Renovation; CAP-289, Medical Science Building Data | 34782 |
Electronic RM Walls; CAP-296, Rieveschl HVAC & Safety Upgrades; | 34783 |
CAP-322, Condensate Pump/Reheat; and CAP-323, Old Chemistry Window | 34784 |
Replacement. | 34785 |
ADA MODIFICATIONS | 34786 |
The amount reappropriated for the foregoing appropriation | 34787 |
item CAP-141, ADA Modifications, is the sum of the unencumbered | 34788 |
and unallotted balances as of June 30, 2006, in appropriation | 34789 |
items CAP-141, ADA Modifications and CAP-307, Lindner ADA | 34790 |
Upgrades. | 34791 |
CLASSROOM/TEACHING LAB RENOVATIONS | 34792 |
The amount reappropriated for the foregoing appropriation | 34793 |
item CAP-174, Classroom/Teaching Lab Renovations, is the sum of | 34794 |
the unencumbered and unallotted balances as of June 30, 2006, in | 34795 |
appropriation items CAP-174, Classroom/Teaching Lab Renovations; | 34796 |
CAP-201, WC Faculty Media Center; and CAP-228, Medical Science | 34797 |
Building Level G, 1 & 2 Lab Upgrades. | 34798 |
CRITICAL BUILDING COMPONENT RENOVATIONS | 34799 |
The amount reappropriated for the foregoing appropriation | 34800 |
item CAP-177, Critical Building Component Renovations, is the sum | 34801 |
of the unencumbered and unallotted balances as of June 30, 2006, | 34802 |
in appropriation items CAP-177, Critical Building Component | 34803 |
Renovations; CAP-188, HPB/Wherry Service Entrances; and CAP-202, | 34804 |
Baldwin Hall Rehabilitation - Phase 1. | 34805 |
ONE STOP SERVICES CENTER | 34806 |
The amount reappropriated for the foregoing appropriation | 34807 |
item CAP-206, One Stop Services Center, is the sum of the | 34808 |
unencumbered and unallotted balances as of June 30, 2006, in | 34809 |
appropriation items CAP-206, One Stop Services Center, plus | 34810 |
$102,568. | 34811 |
Reappropriations |
Section 252.40. CLS CLEVELAND STATE UNIVERSITY | 34812 |
CAP-023 | Basic Renovations | $ | 5,058,958 | 34813 | |||
CAP-067 | 17th - 18th Street Block | $ | 222,280 | 34814 | |||
CAP-084 | Neighborhood Centers Renovations | $ | 500,000 | 34815 | |||
CAP-088 | Asbestos Abatement | $ | 870,077 | 34816 | |||
CAP-092 | Handicapped Requirements | $ | 572 | 34817 | |||
CAP-112 | Land Acquisitions | $ | 9,264 | 34818 | |||
CAP-114 | Geographic Information Systems | $ | 41,067 | 34819 | |||
CAP-125 | College of Education Building | $ | 17,235,047 | 34820 | |||
CAP-126 | Electrical System Upgrades - Phase 2 | $ | 773,658 | 34821 | |||
CAP-127 | Fire Alarm System Upgrade | $ | 400,000 | 34822 | |||
CAP-128 | Property Acquisition | $ | 1,120,237 | 34823 | |||
CAP-138 | Student Services | $ | 59,333 | 34824 | |||
CAP-139 | Landscape, Sidewalk Replacement | $ | 5,845 | 34825 | |||
CAP-142 | Rhodes Tower Library Roof Replacement | $ | 178,169 | 34826 | |||
CAP-144 | Rhodes Tower Plaza Renovation - Phase 2 | $ | 690 | 34827 | |||
CAP-148 | Cleveland Institute of Art | $ | 1,000,000 | 34828 | |||
CAP-150 | Campus Fire Alarm Upgrade | $ | 762,085 | 34829 | |||
CAP-151 | Plant Growth Facility | $ | 60,000 | 34830 | |||
CAP-152 | Rhodes Tower Data Center Relocation | $ | 920,131 | 34831 | |||
CAP-153 | University Annex-Vacate and Demolition | $ | 49,390 | 34832 | |||
CAP-154 | Main Classroom Stair Tower & Entry | $ | 1,500,000 | 34833 | |||
CAP-157 | Child Care Matching Grant | $ | 221,987 | 34834 | |||
CAP-158 | Utility Upgrade Southwest Campus | $ | 473,931 | 34835 | |||
Total Cleveland State University | $ | 31,462,721 | 34836 |
NEIGHBORHOOD CENTERS RENOVATIONS | 34837 |
The amount reappropriated for the foregoing appropriation | 34838 |
item CAP-084, Neighborhood Centers Renovations, is the total of | 34839 |
the unencumbered and unalloted balances, of as June 30, 2006, in | 34840 |
appropriations items CAP-856, Friendly Inn Settlement House | 34841 |
Historic Site, and CAP-857, Merrick House Historic Site, in the | 34842 |
Cultural and Sports Facilities Building Fund (Fund 030). | 34843 |
Of the foregoing appropriation item CAP-084, Neighborhood | 34844 |
Centers Renovations, $250,000 shall be used for renovations to the | 34845 |
Friendly Inn Settlement House and $250,000 shall be used for | 34846 |
renovations to the Merrick House. | 34847 |
CLEVELAND INSTITUTE OF ART | 34848 |
The amount reappropriated for the foregoing appropriation | 34849 |
item CAP-148, Cleveland Institute of Art, is the unencumbered and | 34850 |
unalloted balance, as of June 30, 2006, in appropriation item | 34851 |
CAP-069, Cleveland Institute of Art, in the Cultural and Sports | 34852 |
Facilities Building Fund (Fund 030). | 34853 |
Reappropriations |
Section 252.50. KSU KENT STATE UNIVERSITY | 34854 |
CAP-022 | Basic Renovations | $ | 4,092,258 | 34855 | |||
CAP-098 | Trumbull Branch Addition | $ | 13,972 | 34856 | |||
CAP-105 | Basic Renovations - East Liverpool | $ | 234,847 | 34857 | |||
CAP-106 | Basic Renovations - Geauga | $ | 45,607 | 34858 | |||
CAP-107 | Basic Renovations - Salem | $ | 126,662 | 34859 | |||
CAP-108 | Basic Renovations - Stark | $ | 325,358 | 34860 | |||
CAP-110 | Basic Renovations - Ashtabula | $ | 426,827 | 34861 | |||
CAP-111 | Basic Renovations - Trumbull | $ | 613,808 | 34862 | |||
CAP-112 | Basic Renovations - Tuscarawas | $ | 171,699 | 34863 | |||
CAP-122 | Faculty Office Addition - Salem | $ | 12,072 | 34864 | |||
CAP-126 | HVAC Renovations - Ashtabula | $ | 5,545 | 34865 | |||
CAP-128 | Roof Renovations - Ashtabula | $ | 1,435 | 34866 | |||
CAP-137 | LCI/Materials Science Building | $ | 6,025 | 34867 | |||
CAP-140 | Road Improvements - Trumbull | $ | 12,282 | 34868 | |||
CAP-143 | Liquid Crystals | $ | 114,319 | 34869 | |||
CAP-144 | Instruction and Data Processing Equipment | $ | 1,994,905 | 34870 | |||
CAP-154 | Separation Science | $ | 1,497 | 34871 | |||
CAP-156 | Boiler Plant Controls and Building Alterations | $ | 6,738 | 34872 | |||
CAP-159 | Electrical Substation/Fiber Optic Network | $ | 6,526 | 34873 | |||
CAP-162 | Science and Technology Building - Trumbull | $ | 125,374 | 34874 | |||
CAP-164 | ADA Modifications - Ashtabula | $ | 6,772 | 34875 | |||
CAP-167 | ADA Modifications - Salem | $ | 5,312 | 34876 | |||
CAP-173 | Child Care Facility | $ | 18,650 | 34877 | |||
CAP-176 | Midway Drive Utilities Tunnel - II | $ | 1,522 | 34878 | |||
CAP-184 | Distributed Computation/Visualization | $ | 33,833 | 34879 | |||
CAP-188 | Child Care Funds - East Liverpool | $ | 90,000 | 34880 | |||
CAP-189 | Child Care Funds - Tuscarawas | $ | 19,847 | 34881 | |||
CAP-190 | Child Care Funds - Ashtabula | $ | 12,500 | 34882 | |||
CAP-194 | Child Care - Salem | $ | 100,000 | 34883 | |||
CAP-195 | Child Care - Geauga | $ | 20,666 | 34884 | |||
CAP-196 | Technology Improvements - Ashtabula | $ | 216,911 | 34885 | |||
CAP-198 | Technology Improvements - Salem | $ | 5,648 | 34886 | |||
CAP-199 | Technology Improvements - Trumbull | $ | 69,205 | 34887 | |||
CAP-200 | Technology Improvements - Tuscarawas | $ | 18,638 | 34888 | |||
CAP-206 | Child Care Facility | $ | 2,637 | 34889 | |||
CAP-207 | Kent Hall Planning and Addition | $ | 156,000 | 34890 | |||
CAP-210 | Rooftop Air Handler | $ | 600 | 34891 | |||
CAP-212 | Technology Building and Parking | $ | 2,406,053 | 34892 | |||
CAP-220 | Campus Steam System Evaluation & Upgrade | $ | 58,034 | 34893 | |||
CAP-226 | GIS Technology | $ | 1,637 | 34894 | |||
CAP-227 | 3D Microscopy Imaging | $ | 81,194 | 34895 | |||
CAP-228 | Exterior Site Improvements | $ | 2,159 | 34896 | |||
CAP-232 | Ohio NMR Consortium | $ | 80,800 | 34897 | |||
CAP-233 | Environmental Technology Consortium | $ | 56,850 | 34898 | |||
CAP-234 | Terrace Drive Heating Plant Rehabilitation I | $ | 12,161 | 34899 | |||
CAP-235 | Rehabilitation of Franklin Hall - Planning | $ | 11,887,383 | 34900 | |||
CAP-237 | Classroom Building Interior Renovation - Tuscarawas | $ | 21,923 | 34901 | |||
CAP-239 | Classroom Building Roof, Coping, Fascia Restoration | $ | 581,919 | 34902 | |||
CAP-241 | Main Hall Selective Interior Renovations - Phase 1 | $ | 1,338 | 34903 | |||
CAP-243 | Classroom Building Interior Renovations - East Liverpool | $ | 113,456 | 34904 | |||
CAP-246 | Tuscarawas Wing C Penthouse Roof Replacement | $ | 83,560 | 34905 | |||
CAP-248 | Mary Patterson Building Boiler Replacement | $ | 3,473 | 34906 | |||
CAP-252 | Ohio Organic Semiconductor | $ | 73,412 | 34907 | |||
CAP-254 | Theoretical Liquid Crystal Physics | $ | 500,000 | 34908 | |||
CAP-255 | Music & Speech - HVAC/Chiller Replacement | $ | 27,264 | 34909 | |||
CAP-256 | Stockdale Electrical System Upgrade | $ | 814 | 34910 | |||
CAP-258 | Business Administration Air Handling Unit and Roof Replacement | $ | 8,687 | 34911 | |||
CAP-260 | Land Acquisitions & Improvements - East Liverpool | $ | 638,419 | 34912 | |||
CAP-261 | Addition/Renovation Classrooms - Geauga | $ | 246,878 | 34913 | |||
CAP-262 | Gym Renovation Planning - Salem | $ | 490,213 | 34914 | |||
CAP-265 | Science Lab Addition - Trumbull | $ | 991,786 | 34915 | |||
CAP-266 | Fine & Performing Arts Center - Tuscarawas | $ | 844,655 | 34916 | |||
CAP-267 | Columbiana County Port Authority | $ | 13,125 | 34917 | |||
CAP-268 | Canton Convention Center | $ | 735,000 | 34918 | |||
CAP-269 | Blossom Music Center | $ | 2,512,500 | 34919 | |||
CAP-270 | Geauga Science Laboratories | $ | 36,880 | 34920 | |||
Total Kent State University | $ | 31,628,070 | 34921 |
REHABILITATION OF FRANKLIN HALL | 34922 |
The amount reappropriated for the foregoing appropriation | 34923 |
item CAP-235, Rehabilitation of Franklin Hall - Planning, is the | 34924 |
unencumbered and unallotted balance as of June 30, 2006, | 34925 |
appropriation item CAP-235, Rehabilitation of Franklin Hall - | 34926 |
Planning, plus $38,917. | 34927 |
Reappropriations |
Section 252.60. MUN MIAMI UNIVERSITY | 34928 |
CAP-018 | Basic Renovations | $ | 4,616,362 | 34929 | |||
CAP-066 | Basic Renovations - Hamilton | $ | 514,779 | 34930 | |||
CAP-069 | Basic Renovations - Middletown | $ | 683,071 | 34931 | |||
CAP-081 | Cooperative Regional Library Depository SW | $ | 2,546 | 34932 | |||
CAP-083 | Campus Avenue Building Renovation | $ | 26,794 | 34933 | |||
CAP-085 | Alumni Hall Rehabilitation - Phase I | $ | 972 | 34934 | |||
CAP-088 | Hoyt Hall Rehabilitation | $ | 7,339 | 34935 | |||
CAP-089 | High Voltage Electric | $ | 351,155 | 34936 | |||
CAP-096 | McGuffey Hall Rehabilitation | $ | 52,271 | 34937 | |||
CAP-098 | Computer Network Installation | $ | 17,589 | 34938 | |||
CAP-099 | King Library Rehabilitation | $ | 1,865 | 34939 | |||
CAP-103 | ADA Modifications - Middletown | $ | 2,798 | 34940 | |||
CAP-105 | Plant Response/Environmental Stress | $ | 72,641 | 34941 | |||
CAP-109 | Molecular Microbial Biology | $ | 67,500 | 34942 | |||
CAP-110 | Micromachining Technology | $ | 507,540 | 34943 | |||
CAP-112 | Chilled Water Loop Phase I - Hamilton | $ | 5,954 | 34944 | |||
CAP-113 | Special Academic/Administrative Projects - Hamilton | $ | 663,199 | 34945 | |||
CAP-115 | Special Academic/Administrative Projects - Middletown | $ | 735,287 | 34946 | |||
CAP-121 | Southwestern Book Depository | $ | 150,820 | 34947 | |||
CAP-123 | Phillips Hall Rehabilitation | $ | 127,297 | 34948 | |||
CAP-127 | Campus Steam Distribution - Phase I | $ | 1,820,046 | 34949 | |||
CAP-130 | MacMillan Rehabilitation/Multicultural Center | $ | 1,500 | 34950 | |||
CAP-131 | Miami University Learning Center | $ | 1,001,515 | 34951 | |||
CAP-132 | Mass Spectrum Consortium | $ | 14,590 | 34952 | |||
CAP-143 | Warfield Hall Rehabilitation | $ | 61,104 | 34953 | |||
CAP-145 | Campus Chilled Water Efficiency | $ | 816,587 | 34954 | |||
CAP-146 | Information Technology System Upgrade | $ | 1,363,490 | 34955 | |||
CAP-149 | Parrish Auditorium Rehabilitation | $ | 625,000 | 34956 | |||
CAP-155 | Protein Solution Structural Analysis | $ | 500,000 | 34957 | |||
CAP-156 | Teraherta Spectroscopysystem | $ | 100,000 | 34958 | |||
CAP-157 | Presser Hall Rehabilitation | $ | 3,015,740 | 34959 | |||
CAP-159 | DNA Sequencing | $ | 93,552 | 34960 | |||
Total Miami University | $ | 18,020,903 | 34961 |
BASIC RENOVATIONS | 34962 |
The amount reappropriated for the foregoing appropriation | 34963 |
item CAP-018, Basic Renovations, is the sum of the unencumbered | 34964 |
and unallotted balances as of June 30, 2006, in appropriation | 34965 |
items CAP-018, Basic Renovations; CAP-111, Roudebush Hall | 34966 |
Rehabilitation; and CAP-117, North Campus Refrigeration/Chilled | 34967 |
Water. | 34968 |
Reappropriations |
Section 252.70. OSU OHIO STATE UNIVERSITY | 34969 |
CAP-074 | Basic Renovations | $ | 19,255,664 | 34970 | |||
CAP-149 | Basic Renovations - Regional Campuses | $ | 2,083,163 | 34971 | |||
CAP-198 | Brown Hall Annex Replacement | $ | 6,213 | 34972 | |||
CAP-254 | Basic Renovations - ATI | $ | 127,444 | 34973 | |||
CAP-255 | Supplemental Renovations - OARDC | $ | 2,826,343 | 34974 | |||
CAP-256 | Supplemental Renovations - Regional | $ | 191,955 | 34975 | |||
CAP-258 | Dreese Lab Addition | $ | 12,340 | 34976 | |||
CAP-261 | Bioscience/Parks Hall Addition | $ | 12,584 | 34977 | |||
CAP-269 | Greenhouse Modernization | $ | 40,982 | 34978 | |||
CAP-271 | Horticulture/Entomology Greenhouse - OARDC | $ | 15,344 | 34979 | |||
CAP-292 | Life Sciences Research Building | $ | 202,898 | 34980 | |||
CAP-302 | Food Science & Technology Building | $ | 89,990 | 34981 | |||
CAP-306 | Heart & Lung Institute | $ | 32,437 | 34982 | |||
CAP-311 | Superconducting Radiation | $ | 65,094 | 34983 | |||
CAP-313 | Brain Tumor Research Center | $ | 6,001 | 34984 | |||
CAP-314 | Engineering Center Net Shape Manufacturing | $ | 20,730 | 34985 | |||
CAP-315 | Membrane Protein Typology | $ | 8,835 | 34986 | |||
CAP-316 | Instructional and Data Processing Equipment | $ | 198,844 | 34987 | |||
CAP-321 | Fine Particle Technologies | $ | 157,936 | 34988 | |||
CAP-323 | Advanced Plasma Engineering | $ | 22,379 | 34989 | |||
CAP-324 | Plasma Ramparts | $ | 1,150 | 34990 | |||
CAP-326 | IN-SITU AL-BE Composites | $ | 1,733 | 34991 | |||
CAP-335 | Jay Cooke Residence - Roof and Windows | $ | 86,668 | 34992 | |||
CAP-347 | Asbestos Abatement | $ | 5,325 | 34993 | |||
CAP-349 | Materials Network | $ | 91,983 | 34994 | |||
CAP-350 | Bio-Technology Consortium | $ | 42,378 | 34995 | |||
CAP-352 | Analytical Electron Microscope | $ | 375,000 | 34996 | |||
CAP-353 | High Temp Alloys & Alluminoids | $ | 220,000 | 34997 | |||
CAP-357 | Supplemental Renovations - ATI | $ | 33,969 | 34998 | |||
CAP-361 | Maintenance, Receiving, and Storage Facility - Marion | $ | 58,646 | 34999 | |||
CAP-362 | McPherson Lab Rehabilitation | $ | 10,278 | 35000 | |||
CAP-368 | Heart and Lung Institute | $ | 101,808 | 35001 | |||
CAP-374 | ADA Modifications | $ | 178,870 | 35002 | |||
CAP-375 | ADA Modifications - ATI | $ | 41,936 | 35003 | |||
CAP-376 | ADA Modifications - Lima | $ | 95,538 | 35004 | |||
CAP-377 | ADA Modifications - Mansfield | $ | 15,253 | 35005 | |||
CAP-387 | Titanium Alloys | $ | 54,912 | 35006 | |||
CAP-394 | ATI/OARDC Roof Replacements | $ | 13,913 | 35007 | |||
CAP-398 | Advanced Manufacturing | $ | 38,579 | 35008 | |||
CAP-399 | Manufacturing Processes/Materials | $ | 62,574 | 35009 | |||
CAP-401 | Terhertz Studies | $ | 35,294 | 35010 | |||
CAP-406 | Marion Park/Road/Sidewalk/Lights | $ | 2,750 | 35011 | |||
CAP-413 | Pomerene Lighting/Wiring | $ | 249,584 | 35012 | |||
CAP-419 | NMR Consortium | $ | 75,116 | 35013 | |||
CAP-420 | Versatile Film Facility | $ | 62,872 | 35014 | |||
CAP-421 | OCARNET | $ | 5,916 | 35015 | |||
CAP-422 | Bioprocessing Research | $ | 1,905 | 35016 | |||
CAP-423 | Localized Corrosion Research | $ | 6,128 | 35017 | |||
CAP-424 | ATM Testbed | $ | 3,633 | 35018 | |||
CAP-425 | Physical Sciences Building | $ | 27,748 | 35019 | |||
CAP-427 | Morrill Hall Remodeling - Vacated Library Space - Marion | $ | 1,347,191 | 35020 | |||
CAP-431 | Sisson Hall Replacement | $ | 5,571 | 35021 | |||
CAP-436 | Machinery Acoustics | $ | 3,804 | 35022 | |||
CAP-439 | Sensors and Measurements | $ | 15,115 | 35023 | |||
CAP-440 | Polymer Magnets | $ | 1,099 | 35024 | |||
CAP-458 | A1 Alloy Corrosion | $ | 14,292 | 35025 | |||
CAP-484 | Page Hall Planning | $ | 7,210 | 35026 | |||
CAP-485 | Botany & Zoology Building Planning | $ | 207,932 | 35027 | |||
CAP-486 | Larkins Hall Addition/Renovation Planning | $ | 26,206 | 35028 | |||
CAP-487 | Robinson Laboratory Planning | $ | 149,100 | 35029 | |||
CAP-488 | Don Scott Field Replacement Barns | $ | 1,495,619 | 35030 | |||
CAP-489 | Galvin Hall 3rd Floor Renovation - Lima | $ | 22,135 | 35031 | |||
CAP-491 | Horticultural Operations Center - ATI | $ | 1,474,400 | 35032 | |||
CAP-492 | OARDC Feed Mill | $ | 5,598,644 | 35033 | |||
CAP-499 | Biological Sciences Cooling Tower | $ | 6,930 | 35034 | |||
CAP-509 | Mount Hall HVAC Modifications | $ | 40,982 | 35035 | |||
CAP-519 | Ohio Biomedical Consortium on Medical Therapeutic Micro Devices | $ | 49,275 | 35036 | |||
CAP-520 | Plant and Microbe Functional Genomics Facilities | $ | 16,259 | 35037 | |||
CAP-523 | Consortium for Novem Microfabrications Methods of Medical Devices in Non-Silicon Materials | $ | 193,886 | 35038 | |||
CAP-524 | Bone & Mineral Metabolism Research Lab | $ | 5,845 | 35039 | |||
CAP-531 | Animal & Plant Biology Level 3 | $ | 8,133,780 | 35040 | |||
CAP-534 | Main Library Rehabilitation | $ | 9,320,846 | 35041 | |||
CAP-535 | Psychology Building | $ | 2,128,529 | 35042 | |||
CAP-536 | Thorne Hall and Gowley Hall Renovations - Phase 3 | $ | 199,799 | 35043 | |||
CAP-539 | Nanosecond Infrared Measurement | $ | 2,588 | 35044 | |||
CAP-550 | Millimeter/Submillimeter Instrument | $ | 5,919 | 35045 | |||
CAP-552 | X-Ray Powder Diffractometer | $ | 558 | 35046 | |||
CAP-554 | Deconvolution Microscope | $ | 1,101 | 35047 | |||
CAP-556 | Heart/Lung Institute Animal Facility | $ | 13,140 | 35048 | |||
CAP-564 | Denney Hall Renovation - Phase I | $ | 18,495 | 35049 | |||
CAP-565 | Ion Mass Spectrometry | $ | 6,594 | 35050 | |||
CAP-568 | Role of Molecular Interfaces | $ | 17,554 | 35051 | |||
CAP-572 | New Millimeter Spectrometer | $ | 714 | 35052 | |||
CAP-574 | Noncredit Job Training - Marion | $ | 2,933 | 35053 | |||
CAP-576 | 1224 Kinnear Road - Bale | $ | 11,722 | 35054 | |||
CAP-577 | Non-Silicon Micromachining | $ | 73,991 | 35055 | |||
CAP-579 | Veterinary Hospital Auditorium Renovation | $ | 7,736 | 35056 | |||
CAP-586 | Electroscience Lab Renovation | $ | 5,853 | 35057 | |||
CAP-587 | OARDC Boiler Replacement | $ | 622,757 | 35058 | |||
CAP-590 | Supercomputer Center Expansion | $ | 6,804,275 | 35059 | |||
CAP-596 | Information Literacy | $ | 135,574 | 35060 | |||
CAP-597 | Online Business Major | $ | 5,768 | 35061 | |||
CAP-599 | Renovation of Graves Hall | $ | 68,196 | 35062 | |||
CAP-602 | OARDC Wooster Phone System Replacement | $ | 467,398 | 35063 | |||
CAP-605 | Utility - North Tunnel Steamline Upgrade | $ | 111,981 | 35064 | |||
CAP-608 | Dual Beam Characterization | $ | 150,000 | 35065 | |||
CAP-616 | Environmental Technology Consortium | $ | 11,297 | 35066 | |||
CAP-617 | Campbell, University, and Evans Hall | $ | 87,439 | 35067 | |||
CAP-620 | School of Music - Planning | $ | 1,500 | 35068 | |||
CAP-622 | Western Branch Headquarters & Machinery Building | $ | 779,525 | 35069 | |||
CAP-624 | Muck Crops Branch/Shop Building Replacement | $ | 756,336 | 35070 | |||
CAP-625 | Hazardous Waste Handling/Storage Building | $ | 1,103,062 | 35071 | |||
CAP-626 | Agriculture/Engineering Building Renovation & Addition | $ | 200,000 | 35072 | |||
CAP-628 | Wood County Center for Agriculture | $ | 1,000,000 | 35073 | |||
CAP-629 | Community Heritage Art Gallery - Lima | $ | 100,000 | 35074 | |||
CAP-631 | Health Psychology | $ | 250,000 | 35075 | |||
CAP-632 | Nanotechnology Molecular Assembly | $ | 500,000 | 35076 | |||
CAP-633 | Networking and Communication | $ | 500,000 | 35077 | |||
CAP-634 | Planetary Gear | $ | 125,000 | 35078 | |||
CAP-635 | X-Ray Fluorenscence Spectrometer | $ | 2,283 | 35079 | |||
CAP-636 | Precision Navigation | $ | 85,000 | 35080 | |||
CAP-637 | Welding & Metal Working | $ | 200,000 | 35081 | |||
CAP-638 | Spin Driven Electronics | $ | 6,436 | 35082 | |||
CAP-639 | Inductively Coupled Plasma Etching | $ | 126,729 | 35083 | |||
CAP-641 | Accelerated Metals | $ | 1,020,331 | 35084 | |||
CAP-642 | Mathematical Biosciences Institute | $ | 54,863 | 35085 | |||
CAP-646 | Mershon Auditorium HVAC System Improvements | $ | 2,098 | 35086 | |||
CAP-647 | Molecular Microdevices | $ | 14,033 | 35087 | |||
CAP-648 | Research Center HVAC System Improvements | $ | 17,088 | 35088 | |||
CAP-649 | Infrared Absorption Measurements | $ | 2,899 | 35089 | |||
CAP-650 | Dark Fiber | $ | 3,983,440 | 35090 | |||
CAP-651 | Shared Data Backup System | $ | 20,922 | 35091 | |||
CAP-653 | Third Frontier Network Testbed | $ | 280,564 | 35092 | |||
CAP-654 | Distributed Learning Workshop | $ | 270,000 | 35093 | |||
CAP-656 | Accelerated Maturation of Materials | $ | 209,702 | 35094 | |||
CAP-657 | Nanoscale Polymers Manufacturing | $ | 629,699 | 35095 | |||
CAP-658 | Hydrogen Production and Storage | $ | 32,396 | 35096 | |||
CAP-659 | Ohio Organic Semiconductor | $ | 367,587 | 35097 | |||
CAP-663 | Comprehensive Cancer - Chiller Replacement | $ | 42,687 | 35098 | |||
CAP-664 | Kottman Hall - 103 Central Classroom | $ | 19,285 | 35099 | |||
CAP-668 | West Campus Chilled Water & Scott Hall | $ | 16,139 | 35100 | |||
CAP-669 | McCracken Power Plant Spill Control | $ | 268,508 | 35101 | |||
CAP-670 | Glacial Assessment | $ | 22,764 | 35102 | |||
CAP-672 | Chemical Vapor Deposition | $ | 13,500 | 35103 | |||
CAP-674 | Parks Hall Chiller Replacement | $ | 135,360 | 35104 | |||
CAP-675 | Hybrid Electric Vehicle Modeling | $ | 504,536 | 35105 | |||
CAP-676 | Computational Nanotechnology | $ | 500,000 | 35106 | |||
CAP-677 | Townshend Hall - Roof Replacement | $ | 328,772 | 35107 | |||
CAP-678 | Center For Materials Design | $ | 1,037 | 35108 | |||
CAP-681 | Vet Hospital Roof Replacement Phase II | $ | 85,645 | 35109 | |||
CAP-682 | Hopkins Hall Phase II Priorities I, II | $ | 108,052 | 35110 | |||
CAP-683 | Bioscience 6th Floor Renovation - Priority | $ | 983,186 | 35111 | |||
CAP-684 | Ohio Commons For Digital Education | $ | 118,924 | 35112 | |||
CAP-685 | Postle Hall Fire Alarm Replacement | $ | 116,441 | 35113 | |||
CAP-686 | NonCredit Job Education & Training | $ | 21,104 | 35114 | |||
CAP-687 | Campus South Dorms Renovation/Improvements | $ | 950,000 | 35115 | |||
CAP-688 | Bricker Hall Roof Replacement | $ | 23,123 | 35116 | |||
CAP-694 | Neuroscience Center Core | $ | 193,991 | 35117 | |||
CAP-696 | Campus Grounds-Exterior Lighting - Phase VIII | $ | 33,814 | 35118 | |||
CAP-697 | 930 Kinnear Road Renovations | $ | 773,303 | 35119 | |||
CAP-698 | Waterman Lab & Don Scott Field | $ | 652,752 | 35120 | |||
CAP-699 | Lincoln Tower Renovations - Phase 1 | $ | 477,626 | 35121 | |||
CAP-700 | Coe Corrosion Coop | $ | 58,750 | 35122 | |||
CAP-701 | OSU Cancer Program Expansion | $ | 2,000,000 | 35123 | |||
CAP-702 | Smith Laboratory Rehabilitation | $ | 2,800,000 | 35124 | |||
CAP-704 | Warner Library and Student Center | $ | 1,789,324 | 35125 | |||
CAP-705 | Hopewell Hall Science Suite | $ | 508,408 | 35126 | |||
CAP-706 | Atomic Force Microscopy | $ | 180,000 | 35127 | |||
CAP-707 | Interactive Applications | $ | 463,018 | 35128 | |||
CAP-712 | OSU Mansfield - Third Street Project | $ | 234,000 | 35129 | |||
CAP-714 | Health Psychology | $ | 150,000 | 35130 | |||
CAP-716 | Ohio Bioproducts Innovation Center | $ | 9,689,847 | 35131 | |||
CAP-717 | Center for Materials Design | $ | 602,615 | 35132 | |||
CAP-718 | Specialized Planetary Gears | $ | 150,000 | 35133 | |||
CAP-719 | OSU Agricultural Building | $ | 1,500,000 | 35134 | |||
CAP-720 | Automated Afm System | $ | 180,000 | 35135 | |||
CAP-721 | Integrated Wireless Communication | $ | 141,000 | 35136 | |||
Total Ohio State University | $ | 105,955,671 | 35137 |
BASIC RENOVATIONS | 35138 |
The amount reappropriated for the foregoing appropriation | 35139 |
item CAP-074, Basic Renovations, is the sum of the unencumbered | 35140 |
and unallotted balance as of June 30, 2006, in appropriation item | 35141 |
CAP-074, Basic Renovations, plus $6,927. | 35142 |
OARDC THORNE & GOURLEY HALL | 35143 |
The amount reappropriated for the foregoing appropriation | 35144 |
item CAP-274, OARDC Thorne & Gourley Hall shall be $1,007. | 35145 |
WOOD COUNTY CENTER FOR AGRICULTURE | 35146 |
Of the foregoing appropriation item CAP-628, Wood County | 35147 |
Center for Agriculture, up to $300,000 shall be used for building | 35148 |
renovations to the OSU Extension Office/Ag Business Enhancement | 35149 |
Center. | 35150 |
Reappropriations |
Section 252.80. OHU OHIO UNIVERSITY | 35151 |
CAP-020 | Basic Renovations | $ | 3,869,311 | 35152 | |||
CAP-021 | Conservancy District Assessment | $ | 8,807 | 35153 | |||
CAP-086 | Memorial Auditorium Rehabilitation | $ | 10,033 | 35154 | |||
CAP-095 | Basic Renovations - Eastern | $ | 492,525 | 35155 | |||
CAP-099 | Basic Renovations - Zanesville | $ | 164,438 | 35156 | |||
CAP-113 | Basic Renovations - Chillicothe | $ | 393,668 | 35157 | |||
CAP-114 | Basic Renovations - Ironton | $ | 209,359 | 35158 | |||
CAP-115 | Bennett Hall HVAC/Lab - Chillicothe | $ | 214,952 | 35159 | |||
CAP-117 | Porter Hall Rehabilitation | $ | 26,531 | 35160 | |||
CAP-119 | Biomedical Research Center | $ | 10,120 | 35161 | |||
CAP-120 | Ridges Auditorium Rehabilitation | $ | 1,177 | 35162 | |||
CAP-136 | Gymnasium Development - Eastern | $ | 89,067 | 35163 | |||
CAP-141 | College of Health and Human Services | $ | 8,693 | 35164 | |||
CAP-142 | Health Professions Labs - Phase I | $ | 66,354 | 35165 | |||
CAP-145 | Asbestos Abatement | $ | 5,094 | 35166 | |||
CAP-148 | RTVC Building Asbestos Abatement | $ | 1,037 | 35167 | |||
CAP-152 | Gordy Hall Addition and Rehabilitation | $ | 940 | 35168 | |||
CAP-155 | Brasee Hall Rehabilitation - Lancaster | $ | 73,635 | 35169 | |||
CAP-157 | ADA Modifications | $ | 13,425 | 35170 | |||
CAP-160 | ADA Modifications - Ironton | $ | 9,113 | 35171 | |||
CAP-161 | ADA Modifications - Lancaster | $ | 20,345 | 35172 | |||
CAP-164 | Southeast Library Warehouse | $ | 85,367 | 35173 | |||
CAP-172 | Elson Hall Rehabilitation - Zanesville | $ | 359,572 | 35174 | |||
CAP-183 | Central Classroom Building | $ | 36,595 | 35175 | |||
CAP-186 | Ellis Hall Partial Renovation | $ | 7,080 | 35176 | |||
CAP-189 | Conference Center Planning - Lancaster | $ | 500,358 | 35177 | |||
CAP-190 | Center for Public Policy | $ | 29,589 | 35178 | |||
CAP-191 | District Water Cooling | $ | 17,030 | 35179 | |||
CAP-192 | Plant and Microbe Functional Genomics Facilities | $ | 38,358 | 35180 | |||
CAP-200 | Building Acquisition/Renovation - Eastern | $ | 373,182 | 35181 | |||
CAP-202 | Putnam Hall Rehabilitation | $ | 3,507 | 35182 | |||
CAP-206 | Human Resources Training Center | $ | 1,116 | 35183 | |||
CAP-208 | Student Services | $ | 15,278 | 35184 | |||
CAP-209 | Creativity Through Technology | $ | 147,891 | 35185 | |||
CAP-212 | Exterior Site Improvement | $ | 23,436 | 35186 | |||
CAP-213 | Daycare Center | $ | 447,950 | 35187 | |||
CAP-214 | Science/Fine Arts Renovation - Phase 2 | $ | 874,713 | 35188 | |||
CAP-215 | Land-Use Plan/Future Development | $ | 5,100 | 35189 | |||
CAP-219 | Mainframe Computing Alliance | $ | 10,000 | 35190 | |||
CAP-221 | Tunnel 5 Rehabilitation | $ | 68,344 | 35191 | |||
CAP-222 | Clippinger Lab Planning | $ | 112,709 | 35192 | |||
CAP-223 | Alden Library Planning | $ | 150,000 | 35193 | |||
CAP-224 | University Center Replacement | $ | 113,900 | 35194 | |||
CAP-225 | Lausche Heating Plant | $ | 1,580,338 | 35195 | |||
CAP-226 | New Grounds Maintenance Building | $ | 259,064 | 35196 | |||
CAP-227 | Chillicothe Parking & Roadway | $ | 480,000 | 35197 | |||
CAP-228 | Shoemaker Center Air Conditioning | $ | 271,000 | 35198 | |||
CAP-230 | Kettering Medical Center - Nixon | $ | 450,000 | 35199 | |||
CAP-232 | Child Care Matching Grant | $ | 221,987 | 35200 | |||
Total Ohio University | $ | 12,372,088 | 35201 |
BASIC RENOVATIONS | 35202 |
The amount reappropriated for the foregoing appropriation | 35203 |
item CAP-020, Basic Renovations, is the sum of the unencumbered | 35204 |
and unallotted balance as of June 30, 2006, in appropriation item | 35205 |
CAP-020, Basic Renovations, plus $25,204. | 35206 |
HEALTH PROFESSIONAL LABS - PHASE 1 | 35207 |
The amount reappropriated for the foregoing appropriation | 35208 |
item CAP-142, Health Professions Labs - Phase 1, is the sum of the | 35209 |
unencumbered and unallotted balance as of June 30, 2006, in | 35210 |
appropriation item CAP-142, Health Professions LABS - Phase 1, | 35211 |
plus $33,046. | 35212 |
GORDY HALL ADDITION & REHABILITATION | 35213 |
The amount reappropriated for the foregoing appropriation | 35214 |
item CAP-152, Gordy Hall Addition & Rehabilitation, is the sum of | 35215 |
the unencumbered and unallotted balance as of June 30, 2006, in | 35216 |
appropriation item CAP-152, Gordy Hall Addition & Rehabilitation, | 35217 |
plus $12,650. | 35218 |
CENTER FOR PUBLIC POLICY | 35219 |
The amount reappropriated for the foregoing appropriation | 35220 |
item CAP-190, Center for Public Policy, is the sum of the | 35221 |
unencumbered and unallotted balance as of June 30, 2006, in | 35222 |
appropriation item CAP-190, Center for Public Policy, plus $3,255. | 35223 |
PUTNAM HALL REHABILITATION | 35224 |
The amount reappropriated for the foregoing appropriation | 35225 |
item CAP-202, Putnam Hall Rehabilitation, is the sum of the | 35226 |
unencumbered and unallotted balance as of June 30, 2006, in | 35227 |
appropriation item CAP-202, Putnam Hall Rehabilitation, plus | 35228 |
$5,482. | 35229 |
Reappropriations |
Section 252.90. SSC SHAWNEE STATE UNIVERSITY | 35230 |
CAP-004 | Basic Renovations | $ | 612,759 | 35231 | |||
CAP-008 | Massie Hall Renovation | $ | 33,186 | 35232 | |||
CAP-010 | Land Acquisition | $ | 56,267 | 35233 | |||
CAP-016 | Library Building | $ | 10,777 | 35234 | |||
CAP-017 | Math/Science Building | $ | 10,065 | 35235 | |||
CAP-029 | Fine Arts Class and Lab Building | $ | 108,704 | 35236 | |||
CAP-030 | Utilities and Landscaping | $ | 4,679 | 35237 | |||
CAP-037 | ADA Modifications | $ | 53,188 | 35238 | |||
CAP-039 | Central Heating Plant Replacement | $ | 7,665 | 35239 | |||
CAP-040 | Chiller Replacement | $ | 12,054 | 35240 | |||
CAP-041 | Kricker Hall Renovation | $ | 1,932 | 35241 | |||
CAP-042 | Sidewalk/Plaza Replacement | $ | 250,276 | 35242 | |||
CAP-043 | Communication/Data Upgrade | $ | 23,079 | 35243 | |||
CAP-044 | Land Acquisition | $ | 571,511 | 35244 | |||
CAP-045 | Rehabilitation of Health Sciences Building - Phase I | $ | 122,189 | 35245 | |||
CAP-046 | Digital Infrastructure | $ | 55,803 | 35246 | |||
CAP-047 | Natatorium Rehabilitation | $ | 21,987 | 35247 | |||
CAP-048 | Facilities Building Renovation | $ | 223,120 | 35248 | |||
CAP-051 | Rhodes Center Rehabilitation | $ | 1,315,586 | 35249 | |||
Total Shawnee State University | $ | 3,494,827 | 35250 |
LAND ACQUISITION | 35251 |
The amount reappropriated for the foregoing appropriation | 35252 |
item CAP-010, Land Acquisition, is the sum of the unencumbered and | 35253 |
unallotted balance as of June 30, 2006, in appropriation item | 35254 |
CAP-010, Land Acquisition, plus $1,150. | 35255 |
PLAZA/ROAD/LANDSCAPING | 35256 |
The amount reappropriated for the foregoing appropriation | 35257 |
item CAP-035, Plaza/Road/Landscaping, shall be $24,522. | 35258 |
Reappropriations |
Section 253.10. UTO UNIVERSITY OF TOLEDO | 35259 |
CAP-010 | Basic Renovations | $ | 6,069,480 | 35260 | |||
CAP-073 | ADA Modifications | $ | 2,434 | 35261 | |||
CAP-077 | Tribology | $ | 192,296 | 35262 | |||
CAP-083 | Bowman-Oddy Rehabilitation - Phase 2 | $ | 32,196 | 35263 | |||
CAP-091 | Greenhouse Improvements | $ | 11,675 | 35264 | |||
CAP-094 | Plant Operations Renovation | $ | 450,000 | 35265 | |||
CAP-096 | Health & Human Services Rehabilitation - Phase I | $ | 327,288 | 35266 | |||
CAP-105 | Gillham Hall Rehabilitation | $ | 2,999,373 | 35267 | |||
CAP-109 | Student Services | $ | 70,929 | 35268 | |||
CAP-110 | Distributed Learning Courses | $ | 858 | 35269 | |||
CAP-112 | Campus Signage Improvements | $ | 185,572 | 35270 | |||
CAP-115 | Palmer Hall - 3rd Floor Classroom Renovations | $ | 4,879 | 35271 | |||
CAP-116 | Bowman-Oddy-North Wing Renovations | $ | 695,909 | 35272 | |||
CAP-121 | Emergency Phone System Upgrades | $ | 29,895 | 35273 | |||
CAP-122 | Bowman-Oddy Instructional Labs | $ | 1,080,000 | 35274 | |||
CAP-125 | University Computer Center Roof Replacement | $ | 19,000 | 35275 | |||
CAP-126 | Health & Human Services South Roof Replacement | $ | 11,481 | 35276 | |||
CAP-127 | Westwood Building Rehabilitation | $ | 4,107,000 | 35277 | |||
CAP-128 | Rocket Hall Renovation | $ | 813,000 | 35278 | |||
CAP-129 | Science - Lab Building | $ | 3,006,304 | 35279 | |||
CAP-130 | Rehabilitate/Expand Classroom Building | $ | 2,200,000 | 35280 | |||
Total University of Toledo | $ | 22,309,569 | 35281 |
HEALTH AND HUMAN SERVICES REHABILITATION - PHASE I | 35282 |
The amount reappropriated for the foregoing appropriation | 35283 |
item CAP-096, Health & Human Services Rehabilitation - Phase I, is | 35284 |
the sum of the unencumbered and unallotted balance as of June 30, | 35285 |
2006, in appropriation item CAP-096, Health & Human Services | 35286 |
Rehabilitation - Phase I, plus $19,808.11. | 35287 |
Reappropriations |
Section 253.20. WSU WRIGHT STATE UNIVERSITY | 35288 |
CAP-015 | Basic Renovations | $ | 2,646,778 | 35289 | |||
CAP-064 | Basic Renovations - Lake | $ | 98,582 | 35290 | |||
CAP-080 | Library Access Consolidation System | $ | 4,400,080 | 35291 | |||
CAP-093 | Information Technology Center | $ | 23,860 | 35292 | |||
CAP-102 | Specialized Communication | $ | 7,791 | 35293 | |||
CAP-114 | Environmental Technology Consortium | $ | 6,298 | 35294 | |||
CAP-116 | Rike Hall Renovation - Planning | $ | 2,200,000 | 35295 | |||
CAP-117 | Electrical Infrastructure - Phase 1 | $ | 305,296 | 35296 | |||
CAP-119 | Science Lab Renovations - Planning | $ | 5,898,819 | 35297 | |||
CAP-120 | Lake Campus University Center | $ | 2,007,909 | 35298 | |||
CAP-122 | Accelerated Maturation of Materials | $ | 26,621 | 35299 | |||
CAP-124 | Video Analysis Content Extraction | $ | 81,834 | 35300 | |||
CAP-127 | Rehabilitate Festival Playhouse | $ | 440,000 | 35301 | |||
CAP-128 | Glenn Helen Preserve Eco Art Classroom | $ | 25,000 | 35302 | |||
CAP-130 | Creative Arts HVAC Upgrade | $ | 5,300 | 35303 | |||
CAP-131 | Advanced Data Manager | $ | 250,000 | 35304 | |||
CAP-132 | Montgomery County Port Authority | $ | 1,000,000 | 35305 | |||
Total Wright State University | $ | 19,424,168 | 35306 |
BASIC RENOVATIONS | 35307 |
The amount reappropriated for the foregoing appropriation | 35308 |
item CAP-015, Basic Renovations, is the sum of the unencumbered | 35309 |
and unallotted balance as of June 30, 2006, in appropriation items | 35310 |
CAP-015, Basic Renovations; and CAP-071, New Academic Building. | 35311 |
LIBRARY ACCESS CONSOLIDATION SYSTEM | 35312 |
The amount reappropriated for the foregoing appropriation | 35313 |
item CAP-080, Library Access Consolidation System, is the sum of | 35314 |
the unencumbered and unallotted balance as of June 30, 2006, in | 35315 |
appropriation item CAP-080, Library Access Consolidation System, | 35316 |
plus $81,413. | 35317 |
Reappropriations |
Section 253.30. YSU YOUNGSTOWN STATE UNIVERSITY | 35318 |
CAP-014 | Basic Renovations | $ | 2,921,385 | 35319 | |||
CAP-066 | Asbestos Abatement | $ | 48,154 | 35320 | |||
CAP-099 | Todd Hall Renovations | $ | 146,979 | 35321 | |||
CAP-108 | Electronic Campus Infrastructure/Technology | $ | 2,722 | 35322 | |||
CAP-112 | Beeghly Center Rehabilitation | $ | 13,429 | 35323 | |||
CAP-113 | Campus Development | $ | 1,430,337 | 35324 | |||
CAP-114 | Chiller and Steamline Replacement - Phase 3 | $ | 92,003 | 35325 | |||
CAP-117 | Ward Beecher/HVAC Upgrade | $ | 133,987 | 35326 | |||
CAP-124 | Classroom Updates | $ | 155,948 | 35327 | |||
CAP-125 | Campus - Wide Building System Upgrades | $ | 858,349 | 35328 | |||
CAP-126 | Technology Upgrades | $ | 962,153 | 35329 | |||
CAP-130 | Residential Technology Integration | $ | 34,072 | 35330 | |||
CAP-131 | Masonry Restoration | $ | 111,580 | 35331 | |||
CAP-132 | Youngstown Convocation Center | $ | 2,000,000 | 35332 | |||
Total Youngstown State University | $ | 8,911,098 | 35333 |
BASIC RENOVATIONS | 35334 |
The amount reappropriated for the foregoing appropriation | 35335 |
item CAP-014, Basic Renovations, is the sum of the unencumbered | 35336 |
and unallotted balance as of June 30, 2006, in appropriation item | 35337 |
CAP-014, Basic Renovations, plus $33,680. | 35338 |
Reappropriations |
Section 253.40. MCO MEDICAL UNIVERSITY OF OHIO | 35339 |
CAP-049 | Center for Classrooms of the Future | $ | 5,169 | 35340 | |||
CAP-053 | ADA Modifications | $ | 1,531 | 35341 | |||
CAP-062 | Waterproofing | $ | 3,381 | 35342 | |||
CAP-066 | Core Research Facility | $ | 3,739,440 | 35343 | |||
CAP-076 | Supplemental Renovations | $ | 990,789 | 35344 | |||
CAP-078 | Clinical Academic Renovation | $ | 536,150 | 35345 | |||
CAP-080 | 2005 Campus Waterproof/Roof Replacements | $ | 3,834 | 35346 | |||
Total Medical University of Ohio | $ | 5,280,294 | 35347 |
Reappropriations |
Section 253.50. NEM NORTHEASTERN OHIO UNIVERSITIES COLLEGE OF | 35349 |
MEDICINE | 35350 |
CAP-018 | Basic Renovations | $ | 407,517 | 35351 | |||
CAP-022 | Cooperating Regional Library Depository | $ | 452,200 | 35352 | |||
CAP-042 | Outdoor Athletic Facilities | $ | 15,450 | 35353 | |||
CAP-048 | Rehabilitation of Multidisciplinary Labs | $ | 1,346,879 | 35354 | |||
CAP-049 | Renovation of Liebelt and Olson Halls | $ | 34,325 | 35355 | |||
Total Northeastern Ohio Universities College of Medicine | $ | 2,256,371 | 35356 |
REHAB OF MULTIDISCIPLINARY LABS | 35357 |
The amount reappropriated for the foregoing appropriation | 35358 |
item CAP-048, Rehabilitation of Multidisciplinary Labs, is the sum | 35359 |
of the unencumbered and unallotted balances as of June 30, 2006, | 35360 |
in appropriation items CAP-048, Rehabilitation of | 35361 |
Multidisciplinary Labs and CAP-034, ADA Modifications, plus $928. | 35362 |
Reappropriations |
Section 253.60. CWR CASE WESTERN RESERVE UNIVERSITY | 35363 |
CAP-005 | Northeast Ohio Biomedical Research Consortium | $ | 33,750 | 35364 | |||
CAP-013 | Ohio MEMSnet | $ | 17,579 | 35365 | |||
CAP-016 | Ohio Pharmacological Sciences Consortium | $ | 9,892 | 35366 | |||
CAP-022 | Developing and Improving Institutional Animal Resources | $ | 64,144 | 35367 | |||
CAP-028 | Ohio MicroMD: The Ohio BioMEMS Consortium on Medical Therapeutic Microdevices | $ | 11,002 | 35368 | |||
CAP-029 | Consortium for Novel Microfabrication Methods of Mesoscale Devices in Non-Silicon Materials | $ | 10,612 | 35369 | |||
CAP-031 | Research in Propulsion Systems for Future Vehicles | $ | 31,738 | 35370 | |||
CAP-032 | Center for Fire & Explosion Science & Technology | $ | 32,749 | 35371 | |||
CAP-036 | Ohio Eminent Scholar for Fuel Cells | $ | 105,000 | 35372 | |||
CAP-039 | Ohio Organic Semiconductor Consortium | $ | 67,749 | 35373 | |||
CAP-042 | Nanoscale Hybrid Materials: Novel Synthesis, Characterization and Applications | $ | 1,080 | 35374 | |||
CAP-043 | Ohio Organic Semiconductor Consortium | $ | 500 | 35375 | |||
CAP-044 | Stem Cell and Regenerative Medicine | $ | 500,000 | 35376 | |||
CAP-047 | Condensed Matter Physics | $ | 500,000 | 35377 | |||
CAP-048 | Center for Chemical Dynamics | $ | 159,076 | 35378 | |||
Total Case Western Reserve University | $ | 1,544,871 | 35379 |
Reappropriations |
Section 253.70. CTC CINCINNATI STATE TECHNICAL AND COMMUNITY | 35381 |
COLLEGE | 35382 |
CAP-008 | Interior Renovations | $ | 2,258 | 35383 | |||
CAP-013 | Basic Renovations | $ | 1,161,143 | 35384 | |||
CAP-016 | Health Professions Building Planning | $ | 1,468 | 35385 | |||
CAP-017 | Instructional and Data Processing Equipment | $ | 361,277 | 35386 | |||
CAP-030 | Student Life/Education Building | $ | 2,865,422 | 35387 | |||
CAP-032 | Child Care Facility | $ | 63,235 | 35388 | |||
CAP-035 | Install Kiosks | $ | 150,450 | 35389 | |||
CAP-037 | Classroom Technology Enhancements | $ | 792,372 | 35390 | |||
Total Cincinnati State Community College | $ | 5,397,625 | 35391 |
Reappropriations |
Section 253.80. CLT CLARK STATE COMMUNITY COLLEGE | 35393 |
CAP-006 | Basic Renovations | $ | 1,099,828 | 35394 | |||
CAP-034 | ADA Modifications | $ | 28,451 | 35395 | |||
CAP-041 | Student Technology Center | $ | 1,270,607 | 35396 | |||
CAP-044 | Child Care Matching Grant | $ | 130,000 | 35397 | |||
Total Clark State Community College | $ | 2,528,886 | 35398 |
Reappropriations |
Section 253.90. CTI COLUMBUS STATE COMMUNITY COLLEGE | 35400 |
CAP-006 | Basic Renovations | $ | 2,219,129 | 35401 | |||
CAP-033 | Child Care Facility | $ | 89,510 | 35402 | |||
CAP-040 | Building "D" Planning | $ | 2,285,557 | 35403 | |||
CAP-043 | Building "E" Planning | $ | 1,022,862 | 35404 | |||
CAP-053 | Childcare Matching Grant | $ | 75,000 | 35405 | |||
Total Columbus State Community College | $ | 5,692,058 | 35406 |
BASIC RENOVATIONS | 35407 |
The amount reappropriated for the foregoing appropriation | 35408 |
item CAP-006, Basic Renovations, is the unencumbered and | 35409 |
unallotted balance as of June 30, 2006, in appropriation item | 35410 |
CAP-006, Basic Renovations, plus $3,662. | 35411 |
BUILDING "D" PLANNING | 35412 |
The amount reappropriated for the foregoing appropriation | 35413 |
item CAP-040, Building "D" Planning, is the unencumbered and | 35414 |
unallotted balance as of June 30, 2006, in appropriation item | 35415 |
CAP-040, Building "D" Planning, plus $9,582. | 35416 |
BUILDING "E" PLANNING | 35417 |
The amount reappropriated for the foregoing appropriation | 35418 |
item CAP-043, Building "E" Planning, is the sum of the | 35419 |
unencumbered and unallotted balances as of June 30, 2006, in | 35420 |
appropriation items CAP-043, Building "E" Planning, and CAP-037, | 35421 |
Academic Center "C." | 35422 |
Reappropriations |
Section 254.10. CCC CUYAHOGA COMMUNITY COLLEGE | 35423 |
CAP-031 | Basic Renovations | $ | 2,907,779 | 35424 | |||
CAP-064 | Technology Learning Center - Western | $ | 43,096 | 35425 | |||
CAP-073 | Noncredit Job Training | $ | 7,177 | 35426 | |||
CAP-076 | Distance Learning | $ | 139,287 | 35427 | |||
CAP-079 | Cleveland Art Museum - Improvements | $ | 3,000,000 | 35428 | |||
CAP-084 | Literacy Initiative | $ | 202,020 | 35429 | |||
CAP-090 | Building A Expansion Module - Western | $ | 5,689,241 | 35430 | |||
CAP-093 | Corporate College East | $ | 57,750 | 35431 | |||
CAP-094 | College-Wide Wayfinding Signage System | $ | 1,067,510 | 35432 | |||
CAP-095 | College-Wide Asset Protection & Building | $ | 1,491,522 | 35433 | |||
CAP-096 | Healthcare Technology Building - Eastern | $ | 6,050,264 | 35434 | |||
CAP-097 | WVIZ Technical Center/Play House Square | $ | 750,000 | 35435 | |||
Total Cuyahoga Community College | $ | 21,405,646 | 35436 |
BASIC RENOVATIONS | 35437 |
The amount reappropriated for the foregoing appropriation | 35438 |
item CAP-031, Basic Renovations, is the sum of the unencumbered | 35439 |
and unallotted balances as of June 30, 2006, in appropriation | 35440 |
items CAP-031, Basic Renovations; CAP-087, Center for Nursing and | 35441 |
Health Careers; CAP-088, Corporate College; and CAP-089, East I | 35442 |
Renovations Phase 2 - Eastern. | 35443 |
Reappropriations |
Section 254.20. ESC EDISON STATE COMMUNITY COLLEGE | 35444 |
CAP-006 | Basic Renovations | $ | 649,311 | 35445 | |||
CAP-011 | Roadway Construction | $ | 16,696 | 35446 | |||
CAP-014 | Student Activities Area | $ | 13,398 | 35447 | |||
CAP-018 | Master Plan Update | $ | 15,243 | 35448 | |||
CAP-021 | Student Services | $ | 13,683 | 35449 | |||
Total Edison State Community College | $ | 708,331 | 35450 |
Reappropriations |
Section 254.30. JTC JEFFERSON COMMUNITY COLLEGE | 35452 |
CAP-022 | Basic Renovations | $ | 210,806 | 35453 | |||
CAP-031 | Law Enforcement/Engineering Lab Renovations | $ | 56,172 | 35454 | |||
CAP-041 | Campus Master Plan | $ | 189,442 | 35455 | |||
Total Jefferson Community College | $ | 456,420 | 35456 |
Reappropriations |
Section 254.40. LCC LAKELAND COMMUNITY COLLEGE | 35458 |
CAP-006 | Basic Renovations | $ | 1,148,687 | 35459 | |||
CAP-036 | Noncredit Job Training | $ | 172,170 | 35460 | |||
CAP-037 | Building East End Project | $ | 985,000 | 35461 | |||
CAP-038 | HVAC Upgrades/Rehabilitation | $ | 960,300 | 35462 | |||
CAP-040 | Roadway and Drainage Improvements | $ | 77,084 | 35463 | |||
CAP-043 | Mooreland Educational Center Rehabilitation | $ | 65,150 | 35464 | |||
CAP-044 | Industrial Skills Training Program | $ | 178,200 | 35465 | |||
CAP-045 | Instructional Use Building | $ | 2,433,264 | 35466 | |||
Total Lakeland Community College | $ | 6,019,855 | 35467 |
Reappropriations |
Section 254.50. LOR LORAIN COUNTY COMMUNITY COLLEGE | 35469 |
CAP-005 | Basic Renovations | $ | 909,693 | 35470 | |||
CAP-042 | Virtual Lab Courses | $ | 84,970 | 35471 | |||
CAP-043 | Great Lakes Business Growth Center | $ | 435,000 | 35472 | |||
CAP-044 | Learning Technology Center | $ | 8,857,919 | 35473 | |||
Total Lorain County Community College | $ | 10,287,582 | 35474 |
BASIC RENOVATIONS | 35475 |
The amount reappropriated for the foregoing appropriation | 35476 |
item CAP-005, Basic Renovation, is the sum of the unencumbered and | 35477 |
unallotted balance as of June 30, 2006, in appropriation item | 35478 |
CAP-005, Basic Renovations, plus $23,600. | 35479 |
Reappropriations |
Section 254.60. NTC NORTHWEST STATE COMMUNITY COLLEGE | 35480 |
CAP-003 | Basic Renovations | $ | 525,209 | 35481 | |||
CAP-013 | Classroom & Engineering Building | $ | 9,917 | 35482 | |||
CAP-022 | Branch Campus Facility | $ | 400,000 | 35483 | |||
Total Northwest State Community College | $ | 935,126 | 35484 |
Reappropriations |
Section 254.70. OTC OWENS COMMUNITY COLLEGE | 35486 |
CAP-019 | Basic Renovations | $ | 1,490,497 | 35487 | |||
CAP-037 | Education Center | $ | 5,463 | 35488 | |||
CAP-039 | Services Building Phase 2 - Finley | $ | 3,160,268 | 35489 | |||
Total Owens Community College | $ | 4,656,228 | 35490 |
Reappropriations |
Section 254.80. RGC RIO GRANDE COMMUNITY COLLEGE | 35492 |
CAP-005 | Basic Renovations | $ | 1,027,918 | 35493 | |||
CAP-012 | Instructional and Data Processing Equipment | $ | 72,035 | 35494 | |||
CAP-013 | College of Business | $ | 998 | 35495 | |||
CAP-022 | Child Care Facility | $ | 35,000 | 35496 | |||
CAP-025 | Student and Community Center | $ | 125,000 | 35497 | |||
CAP-026 | Supplemental Renovations | $ | 200,000 | 35498 | |||
Total Rio Grande Community College | $ | 1,460,951 | 35499 |
Reappropriations |
Section 254.90. SCC SINCLAIR COMMUNITY COLLEGE | 35501 |
CAP-007 | Basic Renovations | $ | 1,691,235 | 35502 | |||
CAP-034 | Advanced Educational Applications Center - Phase I | $ | 40,000 | 35503 | |||
CAP-042 | Autolab/Fire Science Facility | $ | 3,500 | 35504 | |||
CAP-055 | Distance Learning | $ | 1,870 | 35505 | |||
CAP-056 | Information Literacy | $ | 300,053 | 35506 | |||
CAP-061 | Accelerated Product Development | $ | 500,000 | 35507 | |||
Total Sinclair Community College | $ | 2,536,658 | 35508 |
Reappropriations |
Section 255.10. SOC SOUTHERN STATE COMMUNITY COLLEGE | 35510 |
CAP-010 | Basic Renovations | $ | 81,365 | 35511 | |||
CAP-011 | Supplemental Renovations | $ | 100,000 | 35512 | |||
Total Southern State Community College | $ | 181,365 | 35513 |
Reappropriations |
Section 255.20. TTC TERRA STATE COMMUNITY COLLEGE | 35515 |
CAP-009 | Basic Renovations | $ | 294,222 | 35516 | |||
CAP-015 | Child Care Facility | $ | 166,148 | 35517 | |||
CAP-018 | Nursing Online | $ | 3,873 | 35518 | |||
CAP-020 | New Health and Science Building | $ | 2,967,947 | 35519 | |||
Total Terra State Community College | $ | 3,432,190 | 35520 |
Reappropriations |
Section 255.30. WTC WASHINGTON STATE COMMUNITY COLLEGE | 35522 |
CAP-006 | Basic Renovations | $ | 231,224 | 35523 | |||
CAP-009 | Instructional and Data Processing Equipment | $ | 92,363 | 35524 | |||
CAP-012 | ADA Modifications | $ | 14,575 | 35525 | |||
CAP-019 | Industrial Certifications | $ | 4,000 | 35526 | |||
CAP-020 | Child Care Matching Grant | $ | 43,000 | 35527 | |||
Total Washington State Community College | $ | 385,162 | 35528 |
Reappropriations |
Section 255.40. BTC BELMONT TECHNICAL COLLEGE | 35530 |
CAP-008 | Basic Renovations | $ | 813,671 | 35531 | |||
CAP-014 | Main Building Renovation - Phase 3 | $ | 49,137 | 35532 | |||
CAP-016 | Industrial and Data Processing Equipment | $ | 85,628 | 35533 | |||
CAP-019 | ADA Modifications | $ | 49,915 | 35534 | |||
Total Belmont Technical College | $ | 998,351 | 35535 |
Reappropriations |
Section 255.50. COT CENTRAL OHIO TECHNICAL COLLEGE | 35537 |
CAP-003 | Basic Renovations | $ | 9,857 | 35538 | |||
CAP-013 | Hopewell Hall Science Suite | $ | 354,765 | 35539 | |||
CAP-014 | Founders Hopewell Halls | $ | 5,158 | 35540 | |||
Total Central Ohio Technical College | $ | 369,780 | 35541 |
Reappropriations |
Section 255.60. HTC HOCKING TECHNICAL COLLEGE | 35543 |
CAP-019 | Basic Renovations | $ | 638,185 | 35544 | |||
CAP-024 | Building Addition | $ | 5,270 | 35545 | |||
CAP-027 | Instructional and Data Processing Equipment | $ | 288,546 | 35546 | |||
CAP-028 | College Hall Rehabilitation | $ | 3,769 | 35547 | |||
CAP-032 | Public Safety Service | $ | 57,065 | 35548 | |||
CAP-033 | Light and Oakley Halls | $ | 41,129 | 35549 | |||
CAP-039 | Student Services | $ | 9,752 | 35550 | |||
CAP-041 | Flexible Manufacturing Center | $ | 205,000 | 35551 | |||
CAP-042 | McClenaghan Center Expansion | $ | 1,283,437 | 35552 | |||
CAP-044 | Hocking College Fire and Emergency Training Center | $ | 250,000 | 35553 | |||
Total Hocking Technical College | $ | 2,782,153 | 35554 |
Reappropriations |
Section 255.70. LTC JAMES RHODES STATE COLLEGE | 35556 |
CAP-004 | Basic Renovations | $ | 1,123,167 | 35557 | |||
CAP-006 | Building Renovations | $ | 5,000 | 35558 | |||
CAP-007 | Training and Education Facility | $ | 79,934 | 35559 | |||
CAP-008 | Instructional and Data Processing Equipment | $ | 290,732 | 35560 | |||
CAP-009 | Life and Physical Sciences | $ | 10,133 | 35561 | |||
Total James Rhodes State College | $ | 1,508,965 | 35562 |
Reappropriations |
Section 255.80. MAT ZANE STATE COLLEGE | 35564 |
CAP-007 | Basic Renovations | $ | 498,234 | 35565 | |||
CAP-017 | Basic Capacity Grant | $ | 1,390,645 | 35566 | |||
CAP-021 | Lighting/HVAC Replacement | $ | 175,000 | 35567 | |||
Total Zane State College | $ | 2,063,879 | 35568 |
Reappropriations |
Section 255.90. MTC MARION TECHNICAL COLLEGE | 35570 |
CAP-004 | Basic Renovations | $ | 103,485 | 35571 | |||
CAP-006 | Instructional and Data Processing Equipment | $ | 71,786 | 35572 | |||
CAP-012 | Technical Education Center | $ | 38,622 | 35573 | |||
Total Marion Technical College | $ | 213,893 | 35574 |
Reappropriations |
Section 256.10. NCC NORTH CENTRAL TECHNICAL COLLEGE | 35576 |
CAP-003 | Basic Renovations | $ | 586,030 | 35577 | |||
CAP-009 | ADA Modifications | $ | 25,000 | 35578 | |||
CAP-013 | Engineering Center Renovation | $ | 6,272 | 35579 | |||
CAP-014 | Kee Hall Roof Replacement | $ | 509,000 | 35580 | |||
CAP-015 | Richland/Braintree Incubator | $ | 250,000 | 35581 | |||
CAP-018 | Fallerius Center Rehabilitation | $ | 482,406 | 35582 | |||
Total North Central Technical College | $ | 1,858,708 | 35583 |
BASIC RENOVATIONS | 35584 |
The amount reappropriated for the foregoing appropriation | 35585 |
item CAP-003, Basic Renovations, is the sum of the unencumbered | 35586 |
and unallotted balance as of June 30, 2006, in appropriation item | 35587 |
CAP-003, Basic Renovations, plus $5,563. | 35588 |
FALLERIUS CENTER REHABILITATION | 35589 |
The amount reappropriated for the foregoing appropriation | 35590 |
item CAP-018, Fallerius Center Rehabilitation, is the sum of the | 35591 |
unencumbered and unallotted balance as of June 30, 2006, in | 35592 |
appropriation item CAP-018, Fallerius Center Phase II | 35593 |
Rehabilitation, plus $7,797. | 35594 |
Reappropriations |
Section 256.20. STC STARK TECHNICAL COLLEGE | 35595 |
CAP-004 | Basic Renovations | $ | 496,210 | 35596 | |||
CAP-027 | Information Technology Learning Center | $ | 921 | 35597 | |||
CAP-037 | Fuel Cell Initiative | $ | 2,862 | 35598 | |||
CAP-038 | General Study Faculty Offices | $ | 1,378,892 | 35599 | |||
Total Stark Technical College | $ | 1,878,885 | 35600 | ||||
TOTAL HIGHER EDUCATION IMPROVEMENT FUND | $ | 491,699,205 | 35601 |
Section 256.30. For all of the foregoing appropriation items | 35603 |
from the Higher Education Improvement Fund (Fund 034) that require | 35604 |
local funds to be contributed by any state-supported or | 35605 |
state-assisted institution of higher education, the Board of | 35606 |
Regents shall not recommend that any funds be released until the | 35607 |
recipient institution demonstrates to the Board of Regents and the | 35608 |
Office of Budget and Management that the local funds contribution | 35609 |
requirement has been secured or satisfied. The local funds shall | 35610 |
be in addition to the foregoing appropriations. | 35611 |
Section 256.40. None of the foregoing capital improvements | 35612 |
appropriations for state-supported or state-assisted institutions | 35613 |
of higher education shall be expended until the particular | 35614 |
appropriation has been recommended for release by the Board of | 35615 |
Regents and released by the Director of Budget and Management or | 35616 |
the Controlling Board. Either the institution concerned, or the | 35617 |
Board of Regents with the concurrence of the institution | 35618 |
concerned, may initiate the request to the Director of Budget and | 35619 |
Management or the Controlling Board for the release of the | 35620 |
particular appropriations. | 35621 |
Section 256.50. (A) No capital improvement appropriations | 35622 |
made in Sections 251.30 to 256.80, 289.10, 289.20, 291.10, and | 35623 |
291.20 of this act shall be released for planning or for | 35624 |
improvement, renovation, construction, or acquisition of capital | 35625 |
facilities if the institution of higher education or the state | 35626 |
does not own the real property on which the capital facilities are | 35627 |
or will be located. This restriction does not apply in any of the | 35628 |
following circumstances: | 35629 |
(1) The institution has a long-term (at least fifteen years) | 35630 |
lease of, or other interest (such as an easement) in, the real | 35631 |
property. | 35632 |
(2) The Board of Regents certifies to the Controlling Board | 35633 |
that undue delay will occur if planning does not proceed while the | 35634 |
property or property interest acquisition process continues. In | 35635 |
this case, funds may be released upon approval of the Controlling | 35636 |
Board to pay for planning through the development of schematic | 35637 |
drawings only. | 35638 |
(3) In the case of an appropriation for capital facilities | 35639 |
that, because of their unique nature or location, will be owned or | 35640 |
will be part of facilities owned by a separate nonprofit | 35641 |
organization or public body and made available to the institution | 35642 |
of higher education for its use, the nonprofit organization or | 35643 |
public body either owns or has a long-term (at least fifteen | 35644 |
years) lease of the real property or other capital facility to be | 35645 |
improved, renovated, constructed, or acquired and has entered into | 35646 |
a joint or cooperative use agreement, approved by the Board of | 35647 |
Regents, with the institution of higher education that meets the | 35648 |
requirements of division (C) of this section. | 35649 |
(B) Any foregoing appropriations which require cooperation | 35650 |
between a technical college and a branch campus of a university | 35651 |
may be released by the Controlling Board upon recommendation by | 35652 |
the Board of Regents that the facilities proposed by the | 35653 |
institutions are: | 35654 |
(1) The result of a joint planning effort by the university | 35655 |
and the technical college, satisfactory to the Board of Regents; | 35656 |
(2) Facilities that will meet the needs of the region in | 35657 |
terms of technical and general education, taking into | 35658 |
consideration the totality of facilities which will be available | 35659 |
after the completion of these projects; | 35660 |
(3) Planned to permit maximum joint use by the university and | 35661 |
technical college of the totality of facilities which will be | 35662 |
available upon their completion; | 35663 |
(4) To be located on or adjacent to the branch campus of the | 35664 |
university. | 35665 |
(C) In the case of capital facilities referred to in division | 35666 |
(A)(3) of this section, the joint or cooperative use agreements | 35667 |
shall include, as a minimum, provisions that: | 35668 |
(1) Specify the extent and nature of that joint or | 35669 |
cooperative use, extending for not fewer than fifteen years, with | 35670 |
the value of such use or right to use to be, as determined by the | 35671 |
parties and approved by the Board of Regents, reasonably related | 35672 |
to the amount of the appropriations; | 35673 |
(2) Provide for pro rata reimbursement to the state should | 35674 |
the arrangement for joint or cooperative use be terminated; | 35675 |
(3) Provide that procedures to be followed during the capital | 35676 |
improvement process will comply with appropriate applicable state | 35677 |
laws and rules, including provisions of this act; | 35678 |
(4) Provide for payment or reimbursement to the institution | 35679 |
of its administrative costs incurred as a result of the facilities | 35680 |
project, not to exceed 1.5 per cent of the appropriated amount. | 35681 |
(D) Upon the recommendation of the Board of Regents, the | 35682 |
Controlling Board may approve the transfer of appropriations for | 35683 |
projects requiring cooperation between institutions from one | 35684 |
institution to another institution, with the approval of both | 35685 |
institutions. | 35686 |
(E) Notwithstanding section 127.14 of the Revised Code, the | 35687 |
Controlling Board, upon the recommendation of the Board of | 35688 |
Regents, may transfer amounts appropriated to the Board of Regents | 35689 |
to accounts of state-supported or state-assisted institutions | 35690 |
created for that same purpose. | 35691 |
Section 256.60. The requirements of Chapters 123. and 153. of | 35692 |
the Revised Code, with respect to the powers and duties of the | 35693 |
Director of Administrative Services in the procedure for and award | 35694 |
of contracts for capital improvement projects, and the | 35695 |
requirements of section 127.16 of the Revised Code, with respect | 35696 |
to the Controlling Board, do not apply to projects of community | 35697 |
college districts and technical college districts. | 35698 |
Section 256.70. Those institutions locally administering | 35699 |
capital improvement projects pursuant to sections 3345.50 and | 35700 |
3345.51 of the Revised Code may: | 35701 |
(A) Establish charges for recovering costs directly related | 35702 |
to project administration as defined by the Director of | 35703 |
Administrative Services. The Department of Administrative Services | 35704 |
shall review and approve these administrative charges when such | 35705 |
charges are in excess of 1.5 per cent of the total construction | 35706 |
budget. | 35707 |
(B) Seek reimbursement from state capital appropriations to | 35708 |
the institution for the in-house design services performed by the | 35709 |
institution for such capital projects. Acceptable charges shall be | 35710 |
limited to design document preparation work that is done by the | 35711 |
institution. These reimbursable design costs shall be shown as | 35712 |
"A/E fees" within the project's budget that is submitted to the | 35713 |
Controlling Board or the Director of Budget and Management as part | 35714 |
of a request for release of funds. The reimbursement for in-house | 35715 |
design may not exceed seven per cent of the estimated construction | 35716 |
cost. | 35717 |
Section 256.80. The Board of Regents shall adopt rules | 35718 |
regarding the release of moneys from all the foregoing | 35719 |
appropriations for capital facilities for all state-supported and | 35720 |
state-assisted institutions of higher education. | 35721 |
Section 259.10. All items set forth in this section are | 35722 |
hereby appropriated out of any moneys in the state treasury to the | 35723 |
credit of the Parks and Recreation Improvement Fund (Fund 035) | 35724 |
that are not otherwise appropriated: | 35725 |
Reappropriations |
35726 |
CAP-004 | Burr Oak State Park | $ | 177,314 | 35727 | |||
CAP-005 | Cowan Lake State Park | $ | 3,680 | 35728 | |||
CAP-011 | Findley State Park | $ | 22,856 | 35729 | |||
CAP-012 | Land Acquisition | $ | 243,663 | 35730 | |||
CAP-016 | Hueston Woods State Park | $ | 5,733 | 35731 | |||
CAP-017 | Indian Lake State Park | $ | 15,388 | 35732 | |||
CAP-019 | Lake Hope State Park | $ | 7,276 | 35733 | |||
CAP-025 | Punderson State Park | $ | 6,263 | 35734 | |||
CAP-029 | Salt Fork State Park | $ | 799 | 35735 | |||
CAP-045 | Mary J. Thurston State Park Marina/Dock | $ | 301,000 | 35736 | |||
CAP-051 | Buck Creek State Park | $ | 750 | 35737 | |||
CAP-064 | Geneva State Park | $ | 24,592 | 35738 | |||
CAP-069 | Hocking Hills State Park | $ | 525 | 35739 | |||
CAP-093 | Portage Lakes State Park | $ | 143,310 | 35740 | |||
CAP-113 | East Harbor State Park Shoreline Stabilization | $ | 850,000 | 35741 | |||
CAP-162 | Shawnee State Park | $ | 760 | 35742 | |||
CAP-205 | Deer Creek State Park | $ | 128,551 | 35743 | |||
CAP-234 | State Parks Campgrounds, Lodges, and Cabins | $ | 4,169,570 | 35744 | |||
CAP-331 | Park Boating Facilities | $ | 9,195,011 | 35745 | |||
CAP-390 | State Park Maintenance Facility Development | $ | 737,751 | 35746 | |||
CAP-701 | Buckeye Lake Dam Rehabilitation | $ | 4,000,000 | 35747 | |||
CAP-702 | Upgrade Underground Storage Tanks | $ | 247,976 | 35748 | |||
CAP-703 | Cap Abandoned Water Wells | $ | 1,495 | 35749 | |||
CAP-716 | Muskingum River Lock and Dam | $ | 180,000 | 35750 | |||
CAP-718 | Grand Lake St. Mary's State Park | $ | 451,882 | 35751 | |||
CAP-719 | Indian Lake State Park | $ | 16,480 | 35752 | |||
CAP-727 | Riverfront Improvements | $ | 1,005,000 | 35753 | |||
CAP-744 | Multi-Agency Radio Communication Equipment | $ | 425,000 | 35754 | |||
CAP-748 | Local Parks Projects | $ | 1,228,825 | 35755 | |||
CAP-787 | Scioto Riverfront Improvements | $ | 33,861 | 35756 | |||
CAP-790 | Paint Creek State Park Campground Electricity | $ | 2,300 | 35757 | |||
CAP-821 | State Park Dredging and Shoreline Protection | $ | 14,000 | 35758 | |||
CAP-827 | Cuyahoga Valley Scenic Railroad | $ | 1,000,000 | 35759 | |||
CAP-845 | Caesar Creek State Park | $ | 109,575 | 35760 | |||
CAP-848 | Hazardous Dam Repair/Statewide | $ | 1,325,000 | 35761 | |||
CAP-876 | Statewide Trails Program | $ | 1,889,848 | 35762 | |||
CAP-927 | Mohican State Park | $ | 72,470 | 35763 | |||
CAP-928 | Handicapped Accessibility | $ | 50,000 | 35764 | |||
CAP-929 | Hazardous Waste/Asbestos Abatement | $ | 49,383 | 35765 | |||
CAP-931 | Wastewater/Water Systems Upgrade | $ | 3,604,700 | 35766 | |||
Total Department of Natural Resources | $ | 31,742,587 | 35767 | ||||
TOTAL Parks and Recreation Improvement Fund | $ | 31,742,587 | 35768 |
Section 259.20. RIVERFRONT IMPROVEMENTS | 35770 |
Of the foregoing reappropriation item CAP-727, Riverfront | 35771 |
Improvements, $1,000,000 shall be used for the Riverfront West | 35772 |
Park Development - Cincinnati Park Board, Hamilton County. | 35773 |
LOCAL PARKS PROJECTS | 35774 |
The following projects shall be funded from the foregoing | 35775 |
reappropriation item CAP-748, Local Parks Projects: $50,000 for | 35776 |
Liberty Township Playground project; $25,000 for the Cleveland | 35777 |
Police and Firefighters Memorial Park project; $750,000 for the | 35778 |
Banks Park project; $25,000 for the Early Hill Park project; | 35779 |
$10,000 for the Wellington Soccer Field Park project; and $10,000 | 35780 |
for the Greenwich Township Baseball Field Park Improvements | 35781 |
project. | 35782 |
STATEWIDE TRAILS PROGRAM | 35783 |
Of the foregoing reappropriation item CAP-876, Statewide | 35784 |
Trails Program, $16,500 shall be used for the South Milford Road | 35785 |
Bike Trail Project. | 35786 |
FEDERAL REIMBURSEMENT | 35787 |
All reimbursements received from the federal government for | 35788 |
any expenditures made pursuant to Sections 259.10 and 259.20 of | 35789 |
this act shall be deposited in the state treasury to the credit of | 35790 |
the Parks and Recreation Improvement Fund. | 35791 |
Section 259.30. For the appropriations in Section 259.10 of | 35792 |
this act, the Department of Natural Resources shall periodically | 35793 |
prepare and submit to the Director of Budget and Management the | 35794 |
estimated design, planning, and engineering costs of | 35795 |
capital-related work to be done by the Department of Natural | 35796 |
Resources for each project. Based on the estimates, the Director | 35797 |
of Budget and Management may release appropriations from the | 35798 |
foregoing appropriation item CAP-753, Project Planning, within the | 35799 |
Parks and Recreation Improvement Fund (Fund 035), to pay for | 35800 |
design, planning, and engineering costs incurred by the Department | 35801 |
of Natural Resources for the projects. Upon release of the | 35802 |
appropriations by the Director of Budget and Management, the | 35803 |
Department of Natural Resources shall pay for these expenses from | 35804 |
the Parks Capital Expenses Fund (Fund 227), and be reimbursed by | 35805 |
the Parks and Recreation Improvement Fund (Fund 035) using an | 35806 |
intrastate voucher. | 35807 |
Section 259.40. (A) No capital improvement appropriations | 35808 |
made in Sections 249.20 to 249.40 of this act shall be released | 35809 |
for planning or for improvement, renovation, construction, or | 35810 |
acquisition of capital facilities if a governmental agency, as | 35811 |
defined in section 154.01 of the Revised Code, does not own the | 35812 |
real property that constitutes the capital facilities or on which | 35813 |
the capital facilities are or will be located. This restriction | 35814 |
does not apply in any of the following circumstances: | 35815 |
(1) The governmental agency has a long-term (at least fifteen | 35816 |
years) lease of, or other interest (such as an easement) in, the | 35817 |
real property. | 35818 |
(2) In the case of an appropriation for capital facilities | 35819 |
for parks and recreation that, because of their unique nature or | 35820 |
location, will be owned or will be part of facilities owned by a | 35821 |
separate nonprofit organization and made available to the | 35822 |
governmental agency for its use, the nonprofit organization either | 35823 |
owns or has a long-term (at least fifteen years) lease of the real | 35824 |
property or other capital facility to be improved, renovated, | 35825 |
constructed, or acquired and has entered into a joint or | 35826 |
cooperative use agreement, approved by the Department of Natural | 35827 |
Resources, with the governmental agency for that agency's use of | 35828 |
and right to use the capital facilities to be financed and, if | 35829 |
applicable, improved, the value of such use or right to use being, | 35830 |
as determined by the parties, reasonably related to the amount of | 35831 |
the appropriation. | 35832 |
(B) In the case of capital facilities referred to in division | 35833 |
(A)(2) of this section, the joint or cooperative use agreement | 35834 |
shall include, as a minimum, provisions that: | 35835 |
(1) Specify the extent and nature of that joint or | 35836 |
cooperative use, extending for not fewer than fifteen years, with | 35837 |
the value of such use or right to use to be, as determined by the | 35838 |
parties and approved by the applicable department, reasonably | 35839 |
related to the amount of the appropriation; | 35840 |
(2) Provide for pro rata reimbursement to the state should | 35841 |
the arrangement for joint or cooperative use by a governmental | 35842 |
agency be terminated; and | 35843 |
(3) Provide that procedures to be followed during the capital | 35844 |
improvement process will comply with appropriate applicable state | 35845 |
laws and rules, including provisions of this act. | 35846 |
Section 263.10. All items set forth in this section are | 35847 |
hereby appropriated out of any moneys in the state treasury to the | 35848 |
credit of the State Capital Improvements Fund (Fund 038) that are | 35849 |
not otherwise appropriated: | 35850 |
Reappropriations |
35851 |
35852 |
CAP-150 | Local Public Infrastructure | $ | 6,650,225 | 35853 | |||
CIF-000 | Ohio Small Government Capital Improvement | $ | 25,422,212 | 35854 | |||
CIF-001 | Infrastructure - District 1 | $ | 31,170,885 | 35855 | |||
CIF-002 | Infrastructure - District 2 | $ | 12,243,374 | 35856 | |||
CIF-003 | Infrastructure - District 3 | $ | 21,652,949 | 35857 | |||
CIF-004 | Infrastructure - District 4 | $ | 11,447,335 | 35858 | |||
CIF-005 | Infrastructure - District 5 | $ | 8,542,288 | 35859 | |||
CIF-006 | Infrastructure - District 6 | $ | 10,958,857 | 35860 | |||
CIF-007 | Infrastructure - District 7 | $ | 12,155,980 | 35861 | |||
CIF-008 | Infrastructure - District 8 | $ | 12,272,116 | 35862 | |||
CIF-009 | Infrastructure - District 9 | $ | 7,541,982 | 35863 | |||
CIF-010 | Infrastructure - District 10 | $ | 20,352,120 | 35864 | |||
CIF-011 | Infrastructure - District 11 | $ | 11,000,253 | 35865 | |||
CIF-012 | Infrastructure - District 12 | $ | 9,703,960 | 35866 | |||
CIF-013 | Infrastructure - District 13 | $ | 6,051,165 | 35867 | |||
CIF-014 | Infrastructure - District 14 | $ | 5,871,489 | 35868 | |||
CIF-015 | Infrastructure - District 15 | $ | 8,298,905 | 35869 | |||
CIF-016 | Infrastructure - District 16 | $ | 11,218,488 | 35870 | |||
CIF-017 | Infrastructure - District 17 | $ | 8,580,458 | 35871 | |||
CIF-018 | Infrastructure - District 18 | $ | 7,050,617 | 35872 | |||
CIF-019 | Infrastructure - District 19 | $ | 9,556,745 | 35873 | |||
CIF-020 | Emergency Set Aside | $ | 4,616,381 | 35874 | |||
CIF-021 | Small Counties Program | $ | 381,676 | 35875 | |||
Total Public Works Commission | $ | 262,740,460 | 35876 | ||||
TOTAL State Capital Improvement Fund | $ | 262,740,460 | 35877 |
The appropriations in this section shall be used in | 35878 |
accordance with sections 164.01 to 164.12 of the Revised Code. All | 35879 |
expenditures made from these appropriations shall be approved by | 35880 |
the Director of the Public Works Commission. The Director of the | 35881 |
Public Works Commission shall not allocate funds in amounts | 35882 |
greater than those amounts appropriated by the General Assembly. | 35883 |
Section 265.10. All items set forth in this section are | 35884 |
hereby appropriated out of any moneys in the state treasury to the | 35885 |
credit of the State Capital Improvements Revolving Loan Fund (Fund | 35886 |
040) and derived from repayments of loans made to local | 35887 |
subdivisions for capital improvements, investment earnings on | 35888 |
moneys in the fund, and moneys obtained from federal or private | 35889 |
grants or from other sources for the purpose of making loans for | 35890 |
the purpose of financing or assisting in the financing of the cost | 35891 |
of capital improvement projects of local subdivisions: | 35892 |
Reappropriations |
35893 |
CAP-151 | Revolving Loan | $ | 509,862 | 35894 | |||
RLF-001 | Revolving Loan Fund-District 1 | $ | 8,126,096 | 35895 | |||
RLF-002 | Revolving Loan Fund-District 2 | $ | 5,380,729 | 35896 | |||
RLF-003 | Revolving Loan Fund-District 3 | $ | 8,530,418 | 35897 | |||
RLF-004 | Revolving Loan Fund-District 4 | $ | 4,146,430 | 35898 | |||
RLF-005 | Revolving Loan Fund-District 5 | $ | 2,409,654 | 35899 | |||
RLF-006 | Revolving Loan Fund-District 6 | $ | 2,262,865 | 35900 | |||
RLF-007 | Revolving Loan Fund-District 7 | $ | 2,979,413 | 35901 | |||
RLF-008 | Revolving Loan Fund-District 8 | $ | 2,284,775 | 35902 | |||
RLF-009 | Revolving Loan Fund-District 9 | $ | 2,373,304 | 35903 | |||
RLF-010 | Revolving Loan Fund-District 10 | $ | 3,934,237 | 35904 | |||
RLF-011 | Revolving Loan Fund-District 11 | $ | 2,606,192 | 35905 | |||
RLF-012 | Revolving Loan Fund-District 12 | $ | 3,766,538 | 35906 | |||
RLF-013 | Revolving Loan Fund-District 13 | $ | 1,194,287 | 35907 | |||
RLF-014 | Revolving Loan Fund-District 14 | $ | 1,811,638 | 35908 | |||
RLF-015 | Revolving Loan Fund-District 15 | $ | 1,483,685 | 35909 | |||
RLF-016 | Revolving Loan Fund-District 16 | $ | 2,576,025 | 35910 | |||
RLF-017 | Revolving Loan Fund-District 17 | $ | 2,410,368 | 35911 | |||
RLF-018 | Revolving Loan Fund-District 18 | $ | 2,692,408 | 35912 | |||
RLF-019 | Revolving Loan Fund-District 19 | $ | 1,984,226 | 35913 | |||
RLF-020 | Small Government Program | $ | 2,030,053 | 35914 | |||
RLF-021 | Emergency Program | $ | 153,272 | 35915 | |||
Total Public Works Commission | $ | 65,646,475 | 35916 | ||||
TOTAL State Capital Improvements Revolving Loan Fund | $ | 65,646,475 | 35917 |
The appropriations in this section shall be used in | 35918 |
accordance with sections 164.01 to 164.12 of the Revised Code. All | 35919 |
expenditures made from these appropriations shall be approved by | 35920 |
the Director of the Public Works Commission. The Director of the | 35921 |
Public Works Commission shall not allocate funds in amounts | 35922 |
greater than those amounts appropriated by the General Assembly. | 35923 |
Section 265.20. All items set forth in this section are | 35924 |
hereby appropriated out of any moneys in the state treasury to the | 35925 |
credit of the Clean Ohio Conservation Fund (Fund 056) that are not | 35926 |
otherwise appropriated: | 35927 |
Reappropriations |
35928 |
COF-001 | Clean Ohio-District 1 | $ | 4,283,924 | 35929 | |||
COF-002 | Clean Ohio-District 2 | $ | 2,156,940 | 35930 | |||
COF-003 | Clean Ohio-District 3 | $ | 4,871,620 | 35931 | |||
COF-004 | Clean Ohio-District 4 | $ | 1,883,778 | 35932 | |||
COF-005 | Clean Ohio-District 5 | $ | 2,526,379 | 35933 | |||
COF-006 | Clean Ohio-District 6 | $ | 1,814,066 | 35934 | |||
COF-007 | Clean Ohio-District 7 | $ | 477,005 | 35935 | |||
COF-008 | Clean Ohio-District 8 | $ | 1,654,808 | 35936 | |||
COF-009 | Clean Ohio-District 9 | $ | 101,338 | 35937 | |||
COF-010 | Clean Ohio-District 10 | $ | 2,158,673 | 35938 | |||
COF-011 | Clean Ohio-District 11 | $ | 2,601,882 | 35939 | |||
COF-012 | Clean Ohio-District 12 | $ | 884,124 | 35940 | |||
COF-013 | Clean Ohio-District 13 | $ | 2,746,579 | 35941 | |||
COF-014 | Clean Ohio-District 14 | $ | 4,056,729 | 35942 | |||
COF-015 | Clean Ohio-District 15 | $ | 1,987,710 | 35943 | |||
COF-016 | Clean Ohio-District 16 | $ | 2,772,449 | 35944 | |||
COF-017 | Clean Ohio-District 17 | $ | 2,862,321 | 35945 | |||
COF-018 | Clean Ohio-District 18 | $ | 3,096,644 | 35946 | |||
COF-019 | Clean Ohio-District 19 | $ | 379,417 | 35947 | |||
Total Public Works Commission | $ | 43,316,386 | 35948 | ||||
TOTAL Clean Ohio Conservation Fund | $ | 43,316,386 | 35949 |
Section 267.10. All items set forth in this section are | 35951 |
hereby appropriated out of any moneys in the state treasury to the | 35952 |
credit of the Clean Ohio Agricultural Easement Fund (Fund 057) | 35953 |
that are not otherwise appropriated: | 35954 |
Reappropriations |
35955 |
CAP-047 | Clean Ohio Agricultural Easement | $ | 5,892,856 | 35956 | |||
Total Department of Agriculture | $ | 5,892,856 | 35957 | ||||
TOTAL Clean Ohio Agricultural Easement Fund | $ | 5,892,856 | 35958 |
AGRICULTURAL EASEMENT PURCHASE | 35959 |
The foregoing appropriation item CAP-047, Clean Ohio | 35960 |
Agricultural Easement, shall be used in accordance with sections | 35961 |
901.21, 901.22, and 5301.67 to 5301.70 of the Revised Code. | 35962 |
Section 269.10. All items set forth in this section are | 35963 |
hereby appropriated out of any moneys in the state treasury to the | 35964 |
credit of the Clean Ohio Trail Fund (Fund 061) that are not | 35965 |
otherwise appropriated: | 35966 |
Reappropriations |
35967 |
CAP-014 | Clean Ohio Trail Fund | $ | 6,344,000 | 35968 | |||
Total Department of Natural Resources | $ | 6,344,000 | 35969 | ||||
TOTAL Clean Ohio Trail Fund | $ | 6,344,000 | 35970 |
Section 269.20. CLEAN OHIO TRAIL | 35972 |
The amount reappropriated for the foregoing appropriation | 35973 |
item CAP-014, Clean Ohio Trail, is $700,000 plus the unencumbered | 35974 |
and unallotted balance as of June 30, 2006, in item CAP-014, Clean | 35975 |
Ohio Trail. The $700,000 represents amounts that were previously | 35976 |
appropriated, allocated to nonprofit organizations and local | 35977 |
political subdivisions pursuant to division (C) of section 1519.05 | 35978 |
of the Revised Code, and encumbered for local project grants. The | 35979 |
encumbrances for these local projects shall be cancelled by the | 35980 |
Director of Natural Resources or the Director of Budget and | 35981 |
Management. The Director of Natural Resources shall allocate the | 35982 |
$700,000 to new local project grants meeting the requirements of | 35983 |
section 1519.05 of the Revised Code. | 35984 |
Section 271.10. All items set forth in this section are | 35985 |
hereby appropriated out of any moneys in the state treasury to the | 35986 |
credit of the Clean Ohio Revitalization Fund (Fund 003) that are | 35987 |
not otherwise appropriated: | 35988 |
Appropriations |
35989 |
CAP-001 | Clean Ohio Revitalization | $ | 43,000,000 | 35990 | |||
CAP-002 | Clean Ohio Assistance | $ | 10,000,000 | 35991 | |||
Total Department of Development | $ | 53,000,000 | 35992 | ||||
TOTAL Clean Ohio Assistance Fund | $ | 53,000,000 | 35993 |
Section 271.20. CLEAN OHIO REVITALIZATION | 35995 |
The Treasurer of State is hereby authorized to issue and | 35996 |
sell, in accordance with Section 2o of Article VIII, Ohio | 35997 |
Constitution, and pursuant to sections 151.01 and 151.40 of the | 35998 |
Revised Code, original obligations in an aggregate principal | 35999 |
amount not to exceed $50,000,000, in addition to the original | 36000 |
issuance of obligations heretofore authorized by prior acts of the | 36001 |
General Assembly. These authorized obligations shall be issued and | 36002 |
sold from time to time, subject to applicable constitutional and | 36003 |
statutory limitations, as needed to ensure sufficient moneys to | 36004 |
the credit of the Clean Ohio Revitalization Fund (Fund 003) to pay | 36005 |
costs of revitalization projects. | 36006 |
Section 273.10. All items set forth in this section are | 36007 |
hereby appropriated out of any moneys in the state treasury to the | 36008 |
credit of the Job Ready Sites Fund (Fund 012) that are not | 36009 |
otherwise appropriated: | 36010 |
Appropriations |
36011 |
CAP-003 | Job Ready Sites | $ | 30,000,000 | 36012 | |||
Total Department of Development | $ | 30,000,000 | 36013 | ||||
TOTAL Job Ready Sites Fund | $ | 30,000,000 | 36014 |
Section 273.20. JOB READY SITES DEVELOPMENT | 36016 |
The Ohio Public Facilities Commission, upon request of the | 36017 |
Department of Development, is hereby authorized to issue and sell, | 36018 |
in accordance with Section 2p of Article VIII, Ohio Constitution, | 36019 |
and pursuant to sections 151.01 and 151.11 of the Revised Code, | 36020 |
original obligations of the State of Ohio in an aggregate amount | 36021 |
not to exceed $30,000,000 in addition to the original issuance of | 36022 |
obligations heretofore authorized by prior acts of the General | 36023 |
Assembly. These authorized obligations shall be issued and sold | 36024 |
from time to time, subject to applicable constitutional and | 36025 |
statutory limitations, as needed to ensure sufficient moneys to | 36026 |
the credit of the Job Ready Sites Fund (Fund 012) to pay costs of | 36027 |
sites and facilities. | 36028 |
Section 275.10. All items set forth in this section are | 36029 |
hereby appropriated out of any moneys in the state treasury to the | 36030 |
credit of the Public School Building Fund (Fund 021) that are not | 36031 |
otherwise appropriated: | 36032 |
Appropriations |
36033 |
CAP-622 | Public School Building | $ | 80,000,000 | 36034 | |||
Total School Facilities Commission | $ | 80,000,000 | 36035 | ||||
TOTAL Public School Building Fund | $ | 80,000,000 | 36036 |
Section 277.10. All items set forth in this section are | 36038 |
hereby appropriated out of any moneys in the state treasury to the | 36039 |
credit of the Administrative Building Fund (Fund 026) that are not | 36040 |
otherwise appropriated: | 36041 |
Appropriations |
36042 |
CAP-020 | Cupola Gutters and Ancillary Roof Improvements | $ | 380,000 | 36043 | |||
CAP-021 | Exterior Walkway Plaza Repairs | $ | 1,159,000 | 36044 | |||
CAP-023 | ADA Specific Sidewalk Ramp Replacement | $ | 71,500 | 36045 | |||
Total Capitol Square Review and Advisory Board | $ | 1,610,500 | 36046 |
Appropriations |
36047 |
CAP-073 | Asset Procurement | $ | 500,000 | 36048 | |||
Total Expositions Commission | $ | 500,000 | 36049 |
Appropriations |
36051 |
CAP-744 | MARCS Equipment | $ | 1,000,000 | 36052 | |||
Total Department of Natural Resources | $ | 1,000,000 | 36053 | ||||
TOTAL Administrative Building Fund | $ | 3,110,500 | 36054 |
Section 277.20. ADMINISTRATIVE BUILDINGS | 36056 |
The Ohio Building Authority is hereby authorized to issue and | 36057 |
sell, in accordance with Section 2i of Article VIII, Ohio | 36058 |
Constitution, and Chapter 152. and other applicable sections of | 36059 |
the Revised Code, original obligations in an aggregate principal | 36060 |
amount not to exceed $4,000,000 in addition to the original | 36061 |
issuance of obligations heretofore authorized by prior acts of the | 36062 |
General Assembly. These authorized obligations shall be issued and | 36063 |
sold from time to time, subject to applicable constitutional and | 36064 |
statutory limitations, as needed to ensure sufficient moneys to | 36065 |
the credit of the Administrative Building Fund (Fund 026) to pay | 36066 |
costs of authorized capital facilities. | 36067 |
Section 279.10. All items set forth in this section are | 36068 |
hereby appropriated out of any moneys in the state treasury to the | 36069 |
credit of the Adult Correctional Building Fund (Fund 027) that are | 36070 |
not otherwise appropriated: | 36071 |
Appropriations |
36072 |
CAP-008 | Powerhouse/Utility Improvements | $ | 1,147,237 | 36073 | |||
CAP-009 | Water System/Plant Improvements | $ | 3,510,000 | 36074 | |||
CAP-017 | Security Improvements - Statewide | $ | 7,191,750 | 36075 | |||
CAP-111 | General Building Renovations | $ | 16,176,003 | 36076 | |||
CAP-238 | Electric System Upgrade | $ | 2,000,000 | 36077 | |||
Total Department of Rehabilitation and Correction | $ | 30,024,990 | 36078 | ||||
TOTAL Adult Correctional Building Fund | $ | 30,024,990 | 36079 |
Section 279.20. DRC - ADULT CORRECTION BUILDINGS | 36081 |
The Ohio Building Authority is hereby authorized to issue and | 36082 |
sell, in accordance with Section 2i of Article VIII, Ohio | 36083 |
Constitution, and Chapter 152. and section 307.021 of the Revised | 36084 |
Code, original obligations in an aggregate principal amount not to | 36085 |
exceed $20,000,000 in addition to the original issuance of | 36086 |
obligations heretofore authorized by prior acts of the General | 36087 |
Assembly. These authorized obligations shall be issued and sold | 36088 |
from time to time, subject to applicable constitutional and | 36089 |
statutory limitations, as needed to ensure sufficient moneys to | 36090 |
the credit of the Adult Correctional Building Fund (Fund 027) to | 36091 |
pay costs of rehabilitation and correction related capital | 36092 |
facilities. | 36093 |
Section 281.10. All items set forth in this section are | 36094 |
hereby appropriated out of any moneys in the state treasury to the | 36095 |
credit of the Juvenile Correctional Building Fund (Fund 028) that | 36096 |
are not otherwise appropriated: | 36097 |
Appropriations |
36098 |
CAP-801 | Fire Suppression/Safety/Security | $ | 1,750,000 | 36099 | |||
Total Department of Youth Services | $ | 1,750,000 | 36100 | ||||
TOTAL Juvenile Correctional Building Fund | $ | 1,750,000 | 36101 |
Section 281.20. DYS - JUVENILE CORRECTION BUILDINGS | 36103 |
The Ohio Building Authority is hereby authorized to issue and | 36104 |
sell, in accordance with Section 2i of Article VIII, Ohio | 36105 |
Constitution, and Chapter 152. and other applicable sections of | 36106 |
the Revised Code, original obligations in an aggregate principal | 36107 |
amount not to exceed $2,000,000 in addition to the original | 36108 |
issuance of obligations heretofore authorized by prior acts of the | 36109 |
General Assembly. These authorized obligations shall be issued and | 36110 |
sold from time to time, subject to applicable constitutional and | 36111 |
statutory limitations, as needed to ensure sufficient moneys to | 36112 |
the credit of the Juvenile Correctional Building Fund (Fund 028) | 36113 |
to pay costs of juvenile correction related capital facilities. | 36114 |
Section 283.10. All items set forth in this section are | 36115 |
hereby appropriated out of any moneys in the state treasury to the | 36116 |
credit of the Ohio Parks and Natural Resources Fund (Fund 031) | 36117 |
that are not otherwise appropriated: | 36118 |
Appropriations |
36119 |
CAP-753 | Project Planning | $ | 1,050,000 | 36120 | |||
CAP-881 | DAM Rehabilitation | $ | 4,000,000 | 36121 | |||
Total Department of Natural Resources | $ | 5,050,000 | 36122 | ||||
TOTAL Ohio Parks and Natural Resources Fund | $ | 5,050,000 | 36123 |
Section 283.20. DNR - NATUREWORKS | 36125 |
The Ohio Public Facilities Commission is hereby authorized to | 36126 |
issue and sell, in accordance with Section 2l of Article VIII, | 36127 |
Ohio Constitution, and pursuant to sections 151.01 and 151.05 of | 36128 |
the Revised Code, original obligations of the State of Ohio in an | 36129 |
aggregate amount not to exceed $5,000,000 in addition to the | 36130 |
original issuance of obligations heretofore authorized by prior | 36131 |
acts of the General Assembly. These authorized obligations shall | 36132 |
be issued and sold from time to time, subject to applicable | 36133 |
constitutional and statutory limitations, as needed to ensure | 36134 |
sufficient moneys to the credit of the Ohio Parks and Natural | 36135 |
Resources Fund (Fund 031) to pay costs of natural resources | 36136 |
capital improvements. | 36137 |
Section 285.10. All items set forth in this section are | 36138 |
hereby appropriated out of any moneys in the state treasury to the | 36139 |
credit of the School Building Program Assistance Fund (Fund 032) | 36140 |
that are not otherwise appropriated: | 36141 |
Appropriations |
36142 |
CAP-770 | School Facilities Program Assistance | $ | 585,000,000 | 36143 | |||
Total School Facilities Commission | $ | 585,000,000 | 36144 | ||||
TOTAL School Building Program Assistance Fund | $ | 585,000,000 | 36145 |
Section 285.20. PUBLIC SCHOOL BUILDING ASSISTANCE | 36147 |
The Ohio Public Facilities Commission is hereby authorized to | 36148 |
issue and sell, in accordance with Section 2n of Article VIII, | 36149 |
Ohio Constitution, and pursuant to sections 151.01 and 151.03 of | 36150 |
the Revised Code, original obligations of the State of Ohio in an | 36151 |
aggregate amount not to exceed $580,000,000 in addition to the | 36152 |
original issuance of obligations heretofore authorized by prior | 36153 |
acts of the General Assembly. These authorized obligations shall | 36154 |
be issued and sold from time to time, subject to applicable | 36155 |
constitutional and statutory limitations, as needed to ensure | 36156 |
sufficient moneys to the credit of the School Building Program | 36157 |
Assistance Fund (Fund 032) to pay the State's share of the costs | 36158 |
of capital facilities for a system of common schools throughout | 36159 |
the State. | 36160 |
Section 287.10. All items set forth in this section are | 36161 |
hereby appropriated out of any moneys in the state treasury to the | 36162 |
credit of the Mental Health Facilities Improvement Fund (Fund 033) | 36163 |
that are not otherwise appropriated: | 36164 |
Appropriations |
36165 |
CAP-986 | Campus Consolidation | $ | 5,500,000 | 36166 | |||
Total Department of Mental Health | $ | 5,500,000 | 36167 | ||||
TOTAL Mental Health Facilities Improvement Fund | $ | 5,500,000 | 36168 |
Section 287.20. DMH/DMR - MENTAL HEALTH FACILITY IMPROVEMENT | 36170 |
FUND 033 | 36171 |
The Treasurer of State is hereby authorized to issue and | 36172 |
sell, in accordance with Section 2i of Article VIII, Ohio | 36173 |
Constitution, Chapter 154. and particularly section 154.20 of the | 36174 |
Revised Code, original obligations in an aggregate principal | 36175 |
amount not to exceed $5,000,000, in addition to the original | 36176 |
issuance of obligations heretofore authorized by prior acts of the | 36177 |
General Assembly. These authorized obligations shall be issued and | 36178 |
sold from time to time, subject to applicable constitutional and | 36179 |
statutory limitations, as needed to ensure sufficient moneys to | 36180 |
the credit of the Mental Health Facilities Improvement Fund (Fund | 36181 |
033) to pay costs of capital facilities for mental hygiene and | 36182 |
retardation. | 36183 |
Section 289.10. All items set forth in this section are | 36184 |
hereby appropriated out of any moneys in the state treasury to the | 36185 |
credit of the Higher Education Improvement Fund (Fund 034) that | 36186 |
are not otherwise appropriated. The appropriations made in this | 36187 |
act are in addition to any other capital appropriations made for | 36188 |
the 2007-2008 biennium. | 36189 |
Appropriations |
36190 |
Higher Education Improvement Fund | 36191 |
CAP-029 | Ohio Library and Information Network | $ | 3,500,000 | 36192 | |||||||
CAP-068 | Third Frontier Project | $ | 50,000,000 | 36193 | |||||||
Total Board of Regents | $ | 53,500,000 | 36194 | ||||||||
TOTAL Higher Education Improvement Fund | $ | 53,500,000 | 36195 |
Section 289.20. BOR - HIGHER EDUCATION IMPROVEMENT | 36197 |
The Ohio Public Facilities Commission is hereby authorized to | 36198 |
issue and sell, in accordance with Section 2n of Article VIII, | 36199 |
Ohio Constitution, and pursuant to sections 151.01 and 151.04 of | 36200 |
the Revised Code, original obligations of the State of Ohio in an | 36201 |
aggregate amount not to exceed $54,000,000 in addition to the | 36202 |
original issuance of obligations heretofore authorized by prior | 36203 |
acts of the General Assembly. These authorized obligations shall | 36204 |
be issued and sold from time to time, subject to applicable | 36205 |
constitutional and statutory limitations, as needed to ensure | 36206 |
sufficient moneys to the credit of the Higher Education | 36207 |
Improvement Fund (Fund 034) to pay costs of capital facilities for | 36208 |
state-supported and state-assisted institutions of higher | 36209 |
education. | 36210 |
Section 291.10. THIRD FRONTIER PROJECT | 36211 |
The foregoing appropriation item CAP-068, Third Frontier | 36212 |
Project, shall be used to acquire, renovate, or construct | 36213 |
facilities and purchase equipment for research programs, | 36214 |
technology development, product development, and commercialization | 36215 |
programs at or involving state-supported and state-assisted | 36216 |
institutions of higher education. The funds shall be used to make | 36217 |
grants awarded on a competitive basis, and shall be administered | 36218 |
by the Third Frontier Commission. Expenditure of the funds shall | 36219 |
comply with Section 2n of Article VIII, Ohio Constitution, and | 36220 |
sections 151.01 and 151.04 of the Revised Code for the period | 36221 |
beginning July 1, 2006, and ending June 30, 2008. | 36222 |
The Third Frontier Commission shall develop guidelines | 36223 |
relative to the application for and selection of projects funded | 36224 |
from appropriation item CAP-068, Third Frontier Project. The | 36225 |
commission may develop the guidelines in consultation with other | 36226 |
interested parties. The Board of Regents and all state-assisted | 36227 |
and state-supported institutions of higher education shall take | 36228 |
all actions necessary to implement grants awarded by the Third | 36229 |
Frontier Commission. | 36230 |
The foregoing appropriation item CAP-068, Third Frontier | 36231 |
Project, for which an appropriation is made from the Higher | 36232 |
Education Improvement Fund (Fund 034), is determined to consist of | 36233 |
capital improvements and capital facilities for state-supported | 36234 |
and state-assisted institutions of higher education, and is | 36235 |
designated for the capital facilities to which proceeds of | 36236 |
obligations in the Higher Education Improvement Fund (Fund 034) | 36237 |
are to be applied. | 36238 |
Section 291.20. The appropriations made in Section 289.10 | 36239 |
are subject to Sections 256.30, 256.40, 256.50, 256.60, 256.70, | 36240 |
and 256.80 of this act. | 36241 |
Section 293.10. All items set forth in this section are | 36242 |
hereby appropriated out of any moneys in the state treasury to the | 36243 |
credit of the Parks and Recreation Improvement Fund (Fund 035) | 36244 |
that are not otherwise appropriated: | 36245 |
Appropriations |
36246 |
CAP-099 | South Bass Island State Park | $ | 1,500,000 | 36247 | |||
Total Department of Natural Resources | $ | 1,500,000 | 36248 | ||||
TOTAL Parks and Recreation Improvement Fund | $ | 1,500,000 | 36249 |
Section 293.20. DNR - PARKS AND RECREATION IMPROVEMENT | 36251 |
The Treasurer of State is hereby authorized to issue and | 36252 |
sell, in accordance with Section 2i of Article VIII, Ohio | 36253 |
Constitution, Chapter 154. and particularly section 154.22 of the | 36254 |
Revised Code, original obligations in an aggregate principal | 36255 |
amount not to exceed $2,000,000, in addition to the original | 36256 |
issuance of obligations heretofore authorized by prior acts of the | 36257 |
General Assembly. These authorized obligations shall be issued and | 36258 |
sold from time to time, subject to applicable constitutional and | 36259 |
statutory limitations, as needed to ensure sufficient moneys to | 36260 |
the credit of the Parks and Recreation Improvement Fund (Fund 035) | 36261 |
to pay costs of capital facilities for parks and recreation. | 36262 |
Section 295.10. All items set forth in this section are | 36263 |
hereby appropriated out of any moneys in the state treasury to the | 36264 |
credit of the State Capital Improvements Fund (Fund 038) that are | 36265 |
not otherwise appropriated: | 36266 |
Appropriations |
36267 |
CAP-150 | Local Public Infrastructure | $ | 120,000,000 | 36268 | |||
Total Public Works Commission | $ | 120,000,000 | 36269 | ||||
TOTAL State Capital Improvements Fund | $ | 120,000,000 | 36270 |
The foregoing appropriation item CAP-150, Local Public | 36271 |
Infrastructure, shall be used in accordance with sections 164.01 | 36272 |
to 164.12 of the Revised Code. The Director of the Public Works | 36273 |
Commission may certify to the Director of Budget and Management | 36274 |
that a need exists to appropriate investment earnings to be used | 36275 |
in accordance with sections 164.01 to 164.12 of the Revised Code. | 36276 |
If the Director of Budget and Management determines pursuant to | 36277 |
division (D) of section 164.08 and section 164.12 of the Revised | 36278 |
Code that investment earnings are available to support additional | 36279 |
appropriations, such amounts are hereby appropriated. | 36280 |
Section 295.20. The Ohio Public Facilities Commission is | 36281 |
hereby authorized to issue and sell, in accordance with Section 2m | 36282 |
of Article VIII, Ohio Constitution, and pursuant to sections | 36283 |
151.01 and 151.08 of the Revised Code, original obligations of the | 36284 |
state, in an aggregate principal amount not to exceed | 36285 |
$120,000,000, in addition to the original obligations heretofore | 36286 |
authorized by prior acts of the General Assembly. These authorized | 36287 |
obligations shall be issued and sold from time to time, subject to | 36288 |
applicable constitutional and statutory limitations, as needed to | 36289 |
ensure sufficient moneys to the credit of the State Capital | 36290 |
Improvements Fund (Fund 038) to pay costs of the state in | 36291 |
financing or assisting in the financing of local subdivision | 36292 |
capital improvement projects. | 36293 |
Section 297.10. All items set forth in this section are | 36294 |
hereby appropriated out of any moneys in the state treasury to the | 36295 |
credit of the State Capital Improvements Revolving Loan Fund (Fund | 36296 |
040). Revenues to the State Capital Improvements Revolving Loan | 36297 |
Fund shall consist of all repayments of loans made to local | 36298 |
subdivisions for capital improvements, investment earnings on | 36299 |
moneys in the fund, and moneys obtained from federal or private | 36300 |
grants or from other sources for the purpose of making loans for | 36301 |
the purpose of financing or assisting in the financing of the cost | 36302 |
of capital improvement projects of local subdivisions. | 36303 |
Appropriations |
36304 |
CAP-151 | Revolving Loan | $ | 24,100,000 | 36305 | |||
Total Public Works Commission | $ | 24,100,000 | 36306 | ||||
TOTAL State Capital Improvements Revolving | 36307 | ||||||
Loan Fund | $ | 24,100,000 | 36308 |
The foregoing appropriation item CAP-151, Revolving Loan, | 36309 |
shall be used in accordance with sections 164.01 to 164.12 of the | 36310 |
Revised Code. | 36311 |
Section 299.10. All items set forth in this section are | 36312 |
hereby appropriated out of any moneys in the state treasury to the | 36313 |
credit of the Clean Ohio Conservation Fund (Fund 056) that are not | 36314 |
otherwise appropriated: | 36315 |
Appropriations |
36316 |
CAP-152 | Clean Ohio Conservation | $ | 37,500,000 | 36317 | |||
Total Public Works Commission | $ | 37,500,000 | 36318 | ||||
TOTAL Clean Ohio Conservation Fund | $ | 37,500,000 | 36319 |
The foregoing appropriation item CAP-152, Clean Ohio | 36320 |
Conservation, shall be used in accordance with sections 164.20 to | 36321 |
164.27 of the Revised Code. If the Public Works Commission | 36322 |
receives refunds due to project overpayments that are discovered | 36323 |
during the post-project audit, the Director of the Public Works | 36324 |
Commission may certify to the Director of Budget and Management | 36325 |
that refunds have been received. If the Director of Budget and | 36326 |
Management determines that the project refunds are available to | 36327 |
support additional appropriations, such amounts are hereby | 36328 |
appropriated. | 36329 |
Section 301.10. All items set forth in this section are | 36330 |
hereby appropriated out of any moneys in the state treasury to the | 36331 |
credit of the Clean Ohio Agricultural Easement Fund (Fund 057) | 36332 |
that are not otherwise appropriated: | 36333 |
Appropriations |
36334 |
CAP-047 | Clean Ohio Agricultural Easement | $ | 6,250,000 | 36335 | |||
Total Department of Agriculture | $ | 6,250,000 | 36336 | ||||
TOTAL Clean Ohio Agricultural Easement Fund | $ | 6,250,000 | 36337 |
Section 301.20. All items set forth in this section are | 36339 |
hereby appropriated out of any moneys in the state treasury to the | 36340 |
credit of the Clean Ohio Trail Fund (Fund 061) that are not | 36341 |
otherwise appropriated: | 36342 |
Appropriations |
36343 |
CAP-014 | Clean Ohio Trail | $ | 6,250,000 | 36344 | |||
Total Department of Natural Resources | $ | 6,250,000 | 36345 | ||||
TOTAL Clean Ohio Trail Fund | $ | 6,250,000 | 36346 |
Section 301.30. The Ohio Public Facilities Commission is | 36348 |
hereby authorized to issue and sell, in accordance with Section 2o | 36349 |
of Article VIII, Ohio Constitution, and pursuant to sections | 36350 |
151.01 and 151.09 of the Revised Code, original obligations of the | 36351 |
state in an aggregate amount not to exceed $50,000,000 in addition | 36352 |
to the original issuance of obligations heretofore authorized by | 36353 |
prior acts of the General Assembly. These authorized obligations | 36354 |
shall be issued and sold from time to time, subject to applicable | 36355 |
constitutional and statutory limitations, as needed to ensure | 36356 |
sufficient moneys to the credit of the Clean Ohio Conservation | 36357 |
Fund (Fund 056), the Clean Ohio Agricultural Easement Fund (Fund | 36358 |
057), and the Clean Ohio Trail Fund (Fund 061) to pay costs of | 36359 |
conservation projects. | 36360 |
Section 303.10. All items set forth in this section are | 36361 |
hereby appropriated out of any moneys in the state treasury to the | 36362 |
credit of the State Fire Marshal Fund (Fund 546) that are not | 36363 |
otherwise appropriated: | 36364 |
Appropriations |
36365 |
CAP-114 | Office and Dorm Addition | $ | 1,908,000 | 36366 | |||
Total Department of Commerce | $ | 1,908,000 | 36367 | ||||
TOTAL State Fire Marshal Fund | $ | 1,908,000 | 36368 |
Section 305.10. All items set forth in this section are | 36370 |
hereby appropriated out of any moneys in the state treasury to the | 36371 |
credit of the Veterans' Home Improvement Fund (Fund 604) that are | 36372 |
not otherwise appropriated: | 36373 |
Appropriations |
36374 |
CAP-781 | Secrest/Veterans' Hall Roof Replacement | $ | 552,500 | 36375 | |||
Total Ohio Veterans' Home | $ | 552,500 | 36376 | ||||
TOTAL Veterans' Home Improvement Fund | $ | 552,500 | 36377 |
Section 401.10. CERTIFICATION OF AVAILABILITY OF MONEYS | 36379 |
No moneys that require release shall be expended from any | 36380 |
appropriation contained in this act without certification of the | 36381 |
Director of Budget and Management that there are sufficient moneys | 36382 |
in the state treasury in the fund from which the appropriation is | 36383 |
made. Such certification made by the Office of Budget and | 36384 |
Management shall be based on estimates of revenue, receipts, and | 36385 |
expenses. Nothing herein shall be construed as a limitation on | 36386 |
the authority of the Director of Budget and Management as granted | 36387 |
in section 126.07 of the Revised Code. | 36388 |
Section 401.20. LIMITATION ON USE OF CAPITAL APPROPRIATIONS | 36389 |
The appropriations made in this act, excluding those made to | 36390 |
the State Capital Improvement Fund (Fund 038) and the State | 36391 |
Capital Improvements Revolving Loan Fund (Fund 040) for buildings | 36392 |
or structures, including remodeling and renovations, are limited | 36393 |
to: | 36394 |
(A) Acquisition of real property or interest in real | 36395 |
property; | 36396 |
(B) Buildings and structures, which includes construction, | 36397 |
demolition, complete heating, lighting, and lighting fixtures, and | 36398 |
all necessary utilities, ventilating, plumbing, sprinkling, and | 36399 |
sewer systems, when such systems are authorized or necessary; | 36400 |
(C) Architectural, engineering, and professional services | 36401 |
expenses directly related to the projects; | 36402 |
(D) Machinery that is a part of structures at the time of | 36403 |
initial acquisition or construction; | 36404 |
(E) Acquisition, development, and deployment of new computer | 36405 |
systems, including the redevelopment or integration of existing | 36406 |
and new computer systems, but excluding regular or ongoing | 36407 |
maintenance or support agreements; | 36408 |
(F) Equipment that meets all the following criteria: | 36409 |
(1) The equipment is essential in bringing the facility up to | 36410 |
its intended use. | 36411 |
(2) The unit cost of the equipment, and not the individual | 36412 |
parts of a unit, is about $100 or more. | 36413 |
(3) The equipment has a useful life of five years or more. | 36414 |
(4) The equipment is necessary for the functioning of the | 36415 |
particular facility or project. | 36416 |
No equipment shall be paid for from these appropriations that | 36417 |
is not an integral part of or directly related to the basic | 36418 |
purpose or function of a project for which moneys are | 36419 |
appropriated. This paragraph does not apply to appropriation line | 36420 |
items for equipment. | 36421 |
Section 401.30. CONTINGENCY RESERVE REQUIREMENT | 36422 |
Any request for release of capital appropriations by the | 36423 |
Director of Budget and Management or the Controlling Board of | 36424 |
capital appropriations for projects, the contracts for which are | 36425 |
awarded by the Department of Administrative Services, shall | 36426 |
contain a contingency reserve, the amount of which shall be | 36427 |
determined by the Department of Administrative Services, for | 36428 |
payment of unanticipated project expenses. Any amount deducted | 36429 |
from the encumbrance for a contractor's contract as an assessment | 36430 |
for liquidated damages shall be added to the encumbrance for the | 36431 |
contingency reserve. Contingency reserve funds shall be used to | 36432 |
pay costs resulting from unanticipated job conditions, to comply | 36433 |
with rulings regarding building and other codes, to pay costs | 36434 |
related to errors or omissions in contract documents, to pay costs | 36435 |
associated with changes in the scope of work, and to pay the cost | 36436 |
of settlements and judgments related to the project. | 36437 |
Any funds remaining upon completion of a project, may, upon | 36438 |
approval of the Controlling Board, be released for the use of the | 36439 |
institution to which the appropriation was made for another | 36440 |
capital facilities project or projects. | 36441 |
Section 401.40. AGENCY ADMINISTRATION OF CAPITAL FACILITIES | 36442 |
PROJECTS | 36443 |
Notwithstanding sections 123.01 and 123.15 of the Revised | 36444 |
Code, the Director of Administrative Services may authorize the | 36445 |
Departments of Mental Health, Mental Retardation and Developmental | 36446 |
Disabilities, Alcohol and Drug Addiction Services, Agriculture, | 36447 |
Jobs and Family Services, Rehabilitation and Correction, Youth | 36448 |
Services, Public Safety, Transportation, the Ohio Veterans' Home, | 36449 |
and the Rehabilitation Services Commission to administer any | 36450 |
capital facilities projects when the estimated cost, including | 36451 |
design fees, construction, equipment, and contingency amounts, is | 36452 |
less than $1,500,000. Requests for authorization to administer | 36453 |
capital facilities projects shall be made in writing to the | 36454 |
Director of Administrative Services by the respective state agency | 36455 |
within sixty days after the effective date of the act in which the | 36456 |
General Assembly initially makes an appropriation for the project. | 36457 |
Upon the release of funds for such projects by the Controlling | 36458 |
Board or the Director of Budget and Management, the agency may | 36459 |
administer the capital project or projects for which agency | 36460 |
administration has been authorized without the supervision, | 36461 |
control, or approval of the Director of Administrative Services. | 36462 |
The state agency authorized by the Director of Administrative | 36463 |
Services to administer capital facilities projects pursuant to | 36464 |
this section shall comply with the applicable procedures and | 36465 |
guidelines established in Chapter 153. of the Revised Code. | 36466 |
Section 401.50. SATISFACTION OF JUDGMENTS AND SETTLEMENTS | 36467 |
AGAINST THE STATE | 36468 |
Except as otherwise provided in this section, an | 36469 |
appropriation contained in this act or any other act may be used | 36470 |
for the purpose of satisfying judgments, settlements, or | 36471 |
administrative awards ordered or approved by the Court of Claims | 36472 |
or by any other court of competent jurisdiction in connection with | 36473 |
civil actions against the state. This authorization shall not | 36474 |
apply to appropriations to be applied to or used for payment of | 36475 |
guarantees by or on behalf of the state or for payments under | 36476 |
lease agreements relating to or debt service on bonds, notes, or | 36477 |
other obligations of the state. Notwithstanding any other section | 36478 |
of law to the contrary, this authorization includes appropriations | 36479 |
from funds into which proceeds or direct obligations of the state | 36480 |
are deposited only to the extent that the judgment, settlement, or | 36481 |
administrative award is for or represents capital costs for which | 36482 |
the appropriation may otherwise be used and is consistent with the | 36483 |
purpose for which any related obligations were issued or entered | 36484 |
into. Nothing contained in this section is intended to subject the | 36485 |
state to suit in any forum in which it is not otherwise subject to | 36486 |
suit, nor is it intended to waive or compromise any defense or | 36487 |
right available to the state in any suit against it. | 36488 |
Section 401.60. CAPITAL RELEASES BY THE DIRECTOR OF BUDGET | 36489 |
AND MANAGEMENT | 36490 |
Notwithstanding section 126.14 of the Revised Code, | 36491 |
appropriations for appropriation items CAP-002, Local Jails, and | 36492 |
CAP-003, Community-Based Correctional Facilities, appropriated | 36493 |
from the Adult Correctional Building Fund (Fund 027) to the | 36494 |
Department of Rehabilitation and Correction shall be released upon | 36495 |
the written approval of the Director of Budget and Management. The | 36496 |
appropriations from the Public School Building Fund (Fund 021), | 36497 |
the Education Facilities Trust Fund (Fund N87), and the School | 36498 |
Building Program Assistance Fund (Fund 032) to the School | 36499 |
Facilities Commission, from the Transportation Building Fund (Fund | 36500 |
029) to the Department of Transportation, from the Clean Ohio | 36501 |
Conservation Fund (Fund 056) to the Public Works Commission, and | 36502 |
appropriations from the State Capital Improvement Fund (Fund 038) | 36503 |
and the State Capital Improvements Revolving Loan Fund (Fund 040) | 36504 |
to the Public Works Commission shall be released upon presentation | 36505 |
of a request to release the funds, by the agency to which the | 36506 |
appropriation has been made, to the Director of Budget and | 36507 |
Management. | 36508 |
Section 401.70. PREVAILING WAGE REQUIREMENT | 36509 |
Except as provided in section 4115.04 of the Revised Code, no | 36510 |
moneys appropriated or reappropriated by the 126th General | 36511 |
Assembly shall be used for the construction of public | 36512 |
improvements, as defined in section 4115.03 of the Revised Code, | 36513 |
unless the mechanics, laborers, or workers engaged therein are | 36514 |
paid the prevailing rate of wages as prescribed in section 4115.04 | 36515 |
of the Revised Code. Nothing in this section shall affect the | 36516 |
wages and salaries established for state employees under the | 36517 |
provisions of Chapter 124. of the Revised Code, or collective | 36518 |
bargaining agreements entered into by the state pursuant to | 36519 |
Chapter 4117. of the Revised Code, while engaged on force account | 36520 |
work, nor shall this section interfere with the use of inmate and | 36521 |
patient labor by the state. | 36522 |
Section 401.80. CAPITAL FACILITIES LEASES | 36523 |
Capital facilities for which appropriations are made from the | 36524 |
Highway Safety Building Fund (Fund 025), the Administrative | 36525 |
Building Fund (Fund 026), the Adult Correctional Building Fund | 36526 |
(Fund 027), and the Juvenile Correctional Building Fund (Fund 028) | 36527 |
may be leased by the Ohio Building Authority to the Department of | 36528 |
Public Safety, the Department of Youth Services, the Department of | 36529 |
Administrative Services, and the Department of Rehabilitation and | 36530 |
Correction, and other agreements may be made by the Ohio Building | 36531 |
Authority and the departments with respect to the use or purchase | 36532 |
of such capital facilities, or subject to the approval of the | 36533 |
director of the department or the commission, the Ohio Building | 36534 |
Authority may lease such capital facilities to, and make other | 36535 |
agreements with respect to the use or purchase thereof with, any | 36536 |
governmental agency or nonprofit corporation having authority | 36537 |
under law to own, lease, or operate such capital facilities. The | 36538 |
director of the department or the commission may sublease such | 36539 |
capital facilities to, and make other agreements with respect to | 36540 |
the use or purchase thereof with, any such governmental agency or | 36541 |
nonprofit corporation, which may include provisions for | 36542 |
transmittal of receipts of that agency or nonprofit corporation of | 36543 |
any charges for the use of such facilities, all upon such terms | 36544 |
and conditions as the parties may agree upon and any other | 36545 |
provision of law affecting the leasing, acquisition, or | 36546 |
disposition of capital facilities by such parties. | 36547 |
Section 401.90. AUTHORIZATION OF THE DIRECTOR OF BUDGET AND | 36548 |
MANAGEMENT | 36549 |
The Director of Budget and Management shall authorize both of | 36550 |
the following: | 36551 |
(A) The initial release of moneys for projects from the funds | 36552 |
into which proceeds of direct obligations of the state are | 36553 |
deposited. | 36554 |
(B) The expenditure or encumbrance of moneys from funds into | 36555 |
which proceeds of direct obligations are deposited, only after | 36556 |
determining to the director's satisfaction that either of the | 36557 |
following apply: | 36558 |
(1) The application of such moneys to the particular project | 36559 |
will not negatively affect any exemption or exclusion from federal | 36560 |
income tax of the interest or interest equivalent on obligations, | 36561 |
issued to provide moneys to the particular fund. | 36562 |
(2) Moneys for the project will come from the proceeds of | 36563 |
obligations, the interest on which is not so excluded or exempt | 36564 |
and which have been authorized as "taxable obligations" by the | 36565 |
issuing authority. | 36566 |
The director shall report any nonrelease of moneys pursuant | 36567 |
to this section to the Governor, the presiding officer of each | 36568 |
house of the General Assembly, and the agency for the use of which | 36569 |
the project is intended. | 36570 |
Section 403.10. OHIO ADMINISTRATIVE KNOWLEDGE SYSTEM PROJECT | 36571 |
The Ohio Administrative Knowledge System (OAKS) shall be an | 36572 |
enterprise resource planning system that replaces the state's | 36573 |
central services infrastructure systems, including, but not | 36574 |
limited to, the central accounting system, the human | 36575 |
resources/payroll system, the capital improvements projects | 36576 |
tracking system, the fixed assets management system, and the | 36577 |
procurement system. The Department of Administrative Services, in | 36578 |
conjunction with the Office of Budget and Management, may acquire | 36579 |
the system, including, but not limited to, the enterprise resource | 36580 |
planning software and installation and implementation thereof | 36581 |
pursuant to Chapter 125. of the Revised Code. Any lease-purchase | 36582 |
arrangement utilized under Chapter 125. of the Revised Code, | 36583 |
including any fractionalized interest therein as defined in | 36584 |
division (N) of section 133.01 of the Revised Code, shall provide | 36585 |
at the end of the lease periods that OAKS becomes the property of | 36586 |
the state. | 36587 |
Section 403.20. SCHOOL FACILITIES ENCUMBRANCES AND | 36588 |
REAPPROPRIATION | 36589 |
At the request of the Executive Director of the Ohio School | 36590 |
Facilities Commission, the Director of Budget and Management may | 36591 |
cancel encumbrances for school district projects from a previous | 36592 |
biennium if the district has not raised its local share of project | 36593 |
costs within one year of receiving Controlling Board approval in | 36594 |
accordance with section 3318.05 of the Revised Code. The Executive | 36595 |
Director of the Ohio School Facilities Commission shall certify | 36596 |
the amounts of these canceled encumbrances to the Director of | 36597 |
Budget and Management on a quarterly basis. The amounts of the | 36598 |
canceled encumbrances are hereby appropriated. | 36599 |
Section 403.30. REAPPROPRIATION OF UNEXPENDED ENCUMBERED | 36600 |
BALANCES OF CAPITAL APPROPRIATIONS | 36601 |
(A) An unexpended balance of a capital appropriation or | 36602 |
reappropriation that a state agency has lawfully encumbered prior | 36603 |
to the close of a capital biennium is hereby reappropriated for | 36604 |
the following capital biennium from the fund from which it was | 36605 |
originally appropriated or was reappropriated and shall be used | 36606 |
only for the purpose of discharging the encumbrance in the | 36607 |
following capital biennium. For those encumbered appropriations or | 36608 |
reappropriations, any Controlling Board approval previously | 36609 |
granted and referenced by the encumbering document remains in | 36610 |
effect until the encumbrance is discharged in the following | 36611 |
capital biennium or until the encumbrance expires at the end of | 36612 |
the following capital biennium. | 36613 |
(B) At the end of the reappropriation period provided for by | 36614 |
division (A) of this section, an unexpended balance of a capital | 36615 |
appropriation or reappropriation that remains encumbered at the | 36616 |
end of that period is hereby reappropriated for the next capital | 36617 |
biennium from the fund from which it was originally appropriated | 36618 |
or was reappropriated and shall be used only for the purpose of | 36619 |
discharging the encumbrance in the next capital biennium. For | 36620 |
those encumbered appropriations or reappropriations, any | 36621 |
Controlling Board approval previously granted and referenced by | 36622 |
the encumbering document remains in effect until the encumbrance | 36623 |
is discharged in the next capital biennium or until the | 36624 |
encumbrance expires at the end of the next capital biennium. | 36625 |
(C) At the end of the reappropriation period provided for by | 36626 |
division (B) of this section, a reappropriation made pursuant to | 36627 |
division (B) of this section shall lapse, and the encumbrance | 36628 |
shall expire. | 36629 |
(D) If an encumbrance expired pursuant to division (C) of | 36630 |
this section, the Director of Budget and Management may | 36631 |
re-establish the encumbrance as provided in this division. If a | 36632 |
reappropriation for a project is made by the General Assembly for | 36633 |
the biennium immediately following the biennium in which an | 36634 |
encumbrance for that project expired, the Director of Budget and | 36635 |
Management may re-establish the encumbrance in an amount not to | 36636 |
exceed the amount of the expired encumbrance, in the name of the | 36637 |
contractor named in the expired encumbrance, and for the same | 36638 |
purpose specified in the expired encumbrance. The encumbrance | 36639 |
amount shall be in addition to the amount of the reappropriation | 36640 |
and is hereby reappropriated. The amount re-encumbered shall be | 36641 |
used only for the purpose of discharging the encumbrance in the | 36642 |
capital biennium for which the reappropriation was made. For those | 36643 |
re-encumbered reappropriations, any Controlling Board approval | 36644 |
previously granted and referenced by the expired encumbering | 36645 |
document remains in effect until the encumbrance is discharged or | 36646 |
expires at the end of the capital biennium for which the | 36647 |
reappropriation was made. If any portion of the amount | 36648 |
re-encumbered by the Director of Budget and Management under this | 36649 |
division is not expended prior to the close of the capital | 36650 |
biennium for which the reappropriation was made, that amount is | 36651 |
hereby reappropriated for the following capital biennium as | 36652 |
provided for in division (A) of this section and subject to the | 36653 |
provisions of division (A) of this section. | 36654 |
Section 403.40. Capital reappropriations in this act that | 36655 |
have been released by the Controlling Board or the Director of | 36656 |
Budget and Management between June 30, 2004, and July 1, 2006, do | 36657 |
not require further approval or release prior to being encumbered. | 36658 |
Funds reappropriated in excess of such prior releases shall be | 36659 |
released in accordance with applicable provisions of this act. | 36660 |
Section 403.50. Unless otherwise specified, the | 36661 |
reappropriations made in this act represent the unencumbered and | 36662 |
unallotted balances of prior years' capital improvements | 36663 |
appropriations estimated to be available on June 30, 2006. The | 36664 |
actual balances on June 30, 2006, for the appropriation items in | 36665 |
this act are hereby reappropriated. Additionally, there is hereby | 36666 |
reappropriated the unencumbered and unallotted balances on June | 36667 |
30, 2006, of any appropriation items either reappropriated in Am. | 36668 |
Sub. S.B. 189 of the 125th General Assembly or appropriated in Am. | 36669 |
Sub. H.B. 16 of the 126th General Assembly, or created by the | 36670 |
Controlling Board pursuant to section 127.15 of the Revised Code | 36671 |
from appropriation items in Am. Sub. S.B. 189 of the 125th General | 36672 |
Assembly and Am. Sub. H.B. 16 of the 126th General Assembly, and | 36673 |
this act, if the Director of Budget and Management determines that | 36674 |
such balances are needed to complete the projects for which they | 36675 |
were reappropriated or appropriated. The appropriation items and | 36676 |
amounts that are reappropriated by this act shall be reported to | 36677 |
the Controlling Board within 30 days after the effective date of | 36678 |
this section. | 36679 |
Section 403.60. No appropriation for a health care facility | 36680 |
authorized under this act may be released until the requirements | 36681 |
of sections 3702.51 to 3702.68 of the Revised Code have been met. | 36682 |
Section 403.70. All proceeds received by the state as a | 36683 |
result of litigation, judgments, settlements, or claims, filed by | 36684 |
or on behalf of any state agency as defined by section 1.60 of the | 36685 |
Revised Code or any state-supported or state-assisted institution | 36686 |
of higher education, for damages or costs resulting from the use, | 36687 |
removal, or hazard abatement of asbestos materials shall be | 36688 |
deposited in the Asbestos Abatement Distribution Fund (Fund 674). | 36689 |
All funds deposited into the Asbestos Abatement Distribution Fund | 36690 |
are hereby appropriated to the Attorney General. To the extent | 36691 |
practicable, the proceeds placed in the Asbestos Abatement | 36692 |
Distribution Fund shall be divided among the state agencies and | 36693 |
state-supported or state-assisted institutions of higher education | 36694 |
in accordance with the general provisions of the litigation | 36695 |
regarding the percentage of recovery. Distribution of the proceeds | 36696 |
to each state agency or state-supported or state-assisted | 36697 |
institution of higher education shall be made in accordance with | 36698 |
the Asbestos Abatement Distribution Plan to be developed by the | 36699 |
Attorney General, the Division of Public Works within the | 36700 |
Department of Administrative Services, and the Office of Budget | 36701 |
and Management. | 36702 |
In those circumstances where asbestos litigation proceeds are | 36703 |
for reimbursement of expenditures made with funds outside the | 36704 |
state treasury or damages to buildings not constructed with state | 36705 |
appropriations, direct payments shall be made to the affected | 36706 |
institutions of higher education. Any proceeds received for | 36707 |
reimbursement of expenditures made with funds within the state | 36708 |
treasury or damages to buildings occupied by state agencies shall | 36709 |
be distributed to the affected agencies with an intrastate | 36710 |
transfer voucher to the funds identified in the Asbestos Abatement | 36711 |
Distribution Plan. | 36712 |
Such proceeds shall be used for additional asbestos abatement | 36713 |
or encapsulation projects, or for other capital improvements, | 36714 |
except that proceeds distributed to the General Revenue Fund and | 36715 |
other funds that are not bond improvement funds may be used for | 36716 |
any purpose. The Controlling Board may, for bond improvement | 36717 |
funds, create appropriation items or increase appropriation | 36718 |
authority in existing appropriation items equaling the amount of | 36719 |
such proceeds. Such amounts approved by the Controlling Board are | 36720 |
hereby appropriated. Such proceeds deposited in bond improvement | 36721 |
funds shall not be expended until released by the Controlling | 36722 |
Board, which shall require certification by the Director of Budget | 36723 |
and Management that such proceeds are sufficient and available to | 36724 |
fund the additional anticipated expenditures. | 36725 |
Section 403.80. OBLIGATIONS ISSUED UNDER CHAPTER 151. OF THE | 36726 |
REVISED CODE | 36727 |
The capital improvements for which appropriations are made in | 36728 |
this act from the Ohio Parks and Natural Resources Fund (Fund | 36729 |
031), the School Building Program Assistance Fund (Fund 032), the | 36730 |
Higher Education Improvement Fund (Fund 034), the State Capital | 36731 |
Improvements Fund (Fund 038), the Clean Ohio Conservation Fund | 36732 |
(Fund 056), the Clean Ohio Agricultural Easement Fund (Fund 057), | 36733 |
and the Clean Ohio Trail Fund (Fund 061) are determined to be | 36734 |
capital improvements and capital facilities for natural resources, | 36735 |
a statewide system of common schools, state-supported and | 36736 |
state-assisted institutions of higher education, local subdivision | 36737 |
capital improvement projects, and conservation purposes (under the | 36738 |
Clean Ohio Program) and are designated as capital facilities to | 36739 |
which proceeds of obligations issued under Chapter 151. of the | 36740 |
Revised Code are to be applied. | 36741 |
Section 403.90. OBLIGATIONS ISSUED UNDER CHAPTER 152. OF THE | 36742 |
REVISED CODE | 36743 |
The capital improvements for which appropriations are made in | 36744 |
this act from the Highway Safety Building Fund (Fund 025), the | 36745 |
Administrative Building Fund (Fund 026), the Adult Correctional | 36746 |
Building Fund (Fund 027), the Juvenile Correctional Building Fund | 36747 |
(Fund 028), and the Transportation Building Fund (Fund 029) are | 36748 |
determined to be capital improvements and capital facilities for | 36749 |
housing state agencies and branches of state government and are | 36750 |
designated as capital facilities to which proceeds of obligations | 36751 |
issued under Chapter 152. of the Revised Code are to be applied. | 36752 |
Section 405.10. OBLIGATIONS ISSUED UNDER CHAPTER 154. OF THE | 36753 |
REVISED CODE | 36754 |
The capital improvements for which appropriations are made in | 36755 |
this act from the Cultural and Sports Facilities Building Fund | 36756 |
(Fund 030), the Mental Health Facilities Improvement Fund (Fund | 36757 |
033), and the Parks and Recreation Improvement Fund (Fund 035) are | 36758 |
determined to be capital improvements and capital facilities for | 36759 |
housing state agencies and branches of government, mental hygiene | 36760 |
and retardation, and parks and recreation and are designated as | 36761 |
capital facilities to which proceeds of obligations issued under | 36762 |
Chapter 154. of the Revised Code are to be applied. | 36763 |
Section 405.20. Upon the request of the agency to which a | 36764 |
capital project appropriation item is appropriated, the Director | 36765 |
of Budget and Management may transfer open encumbrance amounts | 36766 |
between separate encumbrances for the project appropriation item | 36767 |
to the extent that any reductions in encumbrances are agreed to by | 36768 |
the contracting vendor and the agency. | 36769 |
Section 405.30. Any proceeds received by the state as the | 36770 |
result of litigation or a settlement agreement related to any | 36771 |
liability for the planning, design, engineering, construction, or | 36772 |
constructed management of such facilities operated by the | 36773 |
Department of Administrative Services shall be deposited into the | 36774 |
Administrative Building Fund (Fund 026). | 36775 |
Section 405.40. Sections 203.10 to 405.30 of this act shall | 36776 |
remain in full force and effect commencing on July 1, 2006, and | 36777 |
terminating on June 30, 2008, for the purpose of drawing money | 36778 |
from the state treasury in payment of liabilities lawfully | 36779 |
incurred hereunder, and on June 30, 2008, and not before, the | 36780 |
moneys hereby appropriated shall lapse into the funds from which | 36781 |
they are severally appropriated. If, under Section 1c of Article | 36782 |
II, Ohio Constitution, Section 1c, Sections 203.10 to 405.30 of | 36783 |
this act do not take effect until after July 1, 2006, Sections | 36784 |
203.10 to 405.30 of this act shall be and remain in full force and | 36785 |
effect commencing on that later effective date. | 36786 |
Section 405.50. TRANSFERS TO THE SCHOOL DISTRICT SOLVENCY | 36787 |
ASSISTANCE FUND (FUND 5H3) | 36788 |
Notwithstanding any provision of law to the contrary, upon | 36789 |
the request of the Superintendent of Public Instruction, the | 36790 |
Director of Budget and Management may make transfers of cash to | 36791 |
the School District Solvency Assistance Fund (Fund 5H3) from any | 36792 |
Department of Education administered fund or the General Revenue | 36793 |
Fund to maintain sufficient cash balances in the School District | 36794 |
Solvency Assistance Fund (Fund 5H3) in fiscal years 2006 and 2007 | 36795 |
for providing assistance and grants to school districts to enable | 36796 |
them to remain solvent and to pay unforeseeable expenses of a | 36797 |
temporary or emergency nature that they are unable to pay from | 36798 |
existing resources. The Director of Budget and Management shall | 36799 |
notify the members of the Controlling Board of any such transfers. | 36800 |
This section is not subject to the referendum. Therefore, | 36801 |
under Ohio Constitution, Article II, Section 1d and section 1.471 | 36802 |
of the Revised Code, this section goes into immediate effect when | 36803 |
this act becomes law. | 36804 |
Section 405.60. The amendment of section 6301.03 of the | 36805 |
Revised Code by Am. Sub. S.B. 189 of the 125th General Assembly | 36806 |
applies on and after July 1, 2004. Local areas and sub-recipients | 36807 |
of a local area may continue to use the public assistance fund to | 36808 |
facilitate close out of workforce development activities conducted | 36809 |
pursuant to the "Workforce Investment Act of 1998," 112 Stat. 936, | 36810 |
29 U.S.C. 2801, as amended, or Chapter 6301. of the Revised Code | 36811 |
that occurred prior to July 1, 2004. | 36812 |
Section 506.03. (A) If money deposited into an escrow account | 36813 |
under section 153.63 of the Revised Code by the Department of | 36814 |
Administrative Services has not been released pursuant to that | 36815 |
section due to the failure of the contractor, within a reasonable | 36816 |
time, to give notice requesting release, the money shall be | 36817 |
released pursuant to division (B) of this section to the Director | 36818 |
of Administrative Services, who shall deposit it to the credit of | 36819 |
the State Architect's Fund created under section 123.10 of the | 36820 |
Revised Code. | 36821 |
(B) Notwithstanding section 153.63 of the Revised Code, the | 36822 |
escrow agent in charge of the money described in division (A) of | 36823 |
this section shall release the money to the Director if both of | 36824 |
the following occur: | 36825 |
(1) The Director notifies the contractor of the existence of | 36826 |
the escrowed amount in writing, sent by certified mail to the | 36827 |
contractor's last known address and to the last known address of | 36828 |
the contractor's statutory agent, if such agent exists; | 36829 |
(2) The contractor or statutory agent fails to respond to the | 36830 |
notice by the date that is thirty days after the date the notice | 36831 |
is sent. | 36832 |
(C) Money released to the Director pursuant to this section | 36833 |
shall be considered an additional fee related to the | 36834 |
administration of the contract for which the escrow deposit was | 36835 |
made. | 36836 |
Section 512.03. CASH TRANSFER TO DEPARTMENT OF HEALTH'S | 36837 |
GENERAL OBLIGATIONS FUND | 36838 |
Not later than 30 days after the effective date of this | 36839 |
section, the Director of Budget and Management shall transfer | 36840 |
$103,981.68 cash from the Adjutant General's Department's Camp | 36841 |
Perry Clubhouse and Rental Fund (Fund 536) to the Department of | 36842 |
Health's General Obligations Fund (Fund 392). | 36843 |
Section 512.03.03. DEPARTMENT OF EDUCATION APPROPRIATION | 36844 |
TRANSFERS | 36845 |
The Director of Budget and Management, in consultation with | 36846 |
the Superintendent of Public Instruction, may transfer up to | 36847 |
$200,000 in fiscal year 2006 and up to $300,000 in fiscal year | 36848 |
2007 of unspent and unencumbered balances of General Revenue Fund | 36849 |
appropriation items within the Department of Education to GRF | 36850 |
appropriation item 200-100, Personal Services. The funds | 36851 |
transferred shall be used for the administration of the | 36852 |
Educational Choice Scholarship Pilot Program. All funds | 36853 |
transferred under this section are hereby appropriated. | 36854 |
Section 512.06. TRANSFERS TO STATE NEED-BASED FINANCIAL AID | 36855 |
PROGRAMS | 36856 |
In fiscal year 2006, if the Chancellor of the Board of | 36857 |
Regents determines that additional funds are needed to support the | 36858 |
distribution of state need-based financial aid in accordance with | 36859 |
section 3333.12 of the Revised Code, the Chancellor shall | 36860 |
recommend the reallocation of unencumbered and unobligated | 36861 |
appropriation balances of General Revenue Fund appropriation items | 36862 |
within the Board of Regents to GRF appropriation item 235-503, | 36863 |
Ohio Instructional Grants. If the Director of Budget and | 36864 |
Management determines that such a reallocation is required, the | 36865 |
Director may transfer those identified unencumbered and | 36866 |
unobligated funds within the Board of Regents as necessary to GRF | 36867 |
appropriation item 235-503, Ohio Instructional Grants. The amounts | 36868 |
transferred to appropriation item 235-503, Ohio Instructional | 36869 |
Grants, are hereby appropriated. If those unencumbered and | 36870 |
unobligated funds are not sufficient to support the distribution | 36871 |
of state need-based financial aid in accordance with section | 36872 |
3333.12 of the Revised Code in fiscal year 2006, the Director of | 36873 |
Budget and Management may increase the appropriation from the | 36874 |
General Revenue Fund of appropriation item 235-503, Ohio | 36875 |
Instructional Grants, in fiscal year 2006 by up to $30,000,000. | 36876 |
In fiscal year 2007, if the Chancellor of the Board of | 36877 |
Regents determines that additional funds are needed to support the | 36878 |
distribution of state need-based financial aid in accordance with | 36879 |
sections 3333.12 and 3333.122 of the Revised Code, the Chancellor | 36880 |
shall recommend the reallocation of unencumbered and unobligated | 36881 |
appropriation balances of General Revenue Fund appropriation items | 36882 |
within the Board of Regents to GRF appropriation items 235-503, | 36883 |
Ohio Instructional Grants, and 235-563, Ohio College Opportunity | 36884 |
Grant. If the Director of Budget and Management determines that | 36885 |
such a reallocation is required, the Director may transfer those | 36886 |
identified unencumbered and unobligated funds within the Board of | 36887 |
Regents as necessary to GRF appropriation items 235-503, Ohio | 36888 |
Instructional Grants, and 235-563, Ohio College Opportunity Grant. | 36889 |
The amounts transferred to appropriation items 235-503, Ohio | 36890 |
Instructional Grants, and 235-563, Ohio College Opportunity Grant, | 36891 |
are hereby appropriated. If those unencumbered and unobligated | 36892 |
funds are not sufficient to support the distribution of state | 36893 |
need-based financial aid in accordance with sections 3333.12 and | 36894 |
3333.122 of the Revised Code in fiscal year 2007, the Director of | 36895 |
Budget and Management may increase the appropriation from the | 36896 |
General Revenue Fund of appropriation items 235-503, Ohio | 36897 |
Instructional Grants, and 235-563, Ohio College Opportunity Grant, | 36898 |
in fiscal year 2007. The combined increase to appropriation items | 36899 |
235-503, Ohio Instructional Grants, and 235-563, Ohio College | 36900 |
Opportunity Grant, authorized under this section shall not exceed | 36901 |
$30,000,000 in fiscal year 2007. | 36902 |
Section 512.12. DEPARTMENT OF MENTAL RETARDATION AND | 36903 |
DEVELOPMENTAL DISABILITIES | 36904 |
By June 30, 2006, or as soon as possible thereafter, the | 36905 |
Director of Budget and Management shall, to fulfill the | 36906 |
requirement of section 5123.23 of the Revised Code, transfer | 36907 |
$4,163.90 cash from the Miscellaneous Revenue Fund (Fund 152 in | 36908 |
the Department of Mental Retardation and Developmental | 36909 |
Disabilities) to the General Revenue Fund. | 36910 |
Section 512.15. TRANSFER TO DEPARTMENT OF JOB AND FAMILY | 36911 |
SERVICES FOR PACE PAYMENTS | 36912 |
The Director of Job and Family Services and the Director of | 36913 |
Aging may certify on a quarterly basis to the Director of Budget | 36914 |
and Management the nonfederal amount paid to PACE providers for | 36915 |
Medicaid services. On receipt of the certification, the Director | 36916 |
of Budget and Management may: | 36917 |
(1) Transfer appropriations equal to the amount certified | 36918 |
from GRF appropriation item 490-421, PACE, to GRF appropriation | 36919 |
item 600-525, Health Care/Medicaid; | 36920 |
(2) Increase the appropriation of GRF appropriation item | 36921 |
600-525, Health Care/Medicaid, by the corresponding federal share; | 36922 |
and | 36923 |
(3) Decrease the appropriation in appropriation item 490-621, | 36924 |
PACE-Federal, (Fund 3C4) by the corresponding federal share. | 36925 |
Section 512.18. TRANSFER TO THE DEPARTMENT OF JOB AND FAMILY | 36926 |
SERVICES FROM THE DEPARTMENT OF EDUCATION | 36927 |
Transfers from the Department of Education to the Department | 36928 |
of Job and Family Services pursuant to section 3317.023 of the | 36929 |
Revised Code are hereby appropriated to appropriation item | 36930 |
600-671, Medicaid Program Support. Federal funds generated by | 36931 |
expenditure of the transfers are hereby appropriated to | 36932 |
appropriation item 600-623, Health Care Federal. Within seven days | 36933 |
after initiating the transfer, the Director of Job and Family | 36934 |
Services shall notify the Director of Budget and Management of the | 36935 |
transfer. | 36936 |
Section 515.03. (A) The Director of Budget and Management | 36937 |
shall, on the effective date of this section, supersede and | 36938 |
replace the Auditor of State in all matters relating to the | 36939 |
drawing of warrants for the payment or transfer of money from the | 36940 |
state treasury (referred to in this section as "the payment | 36941 |
function"). With respect to the payment function, the Director | 36942 |
shall succeed to and perform all of the duties, powers, and | 36943 |
obligations of the Auditor of State provided for by law. | 36944 |
(B) Any aspect of the payment function commenced but not | 36945 |
completed by the Auditor of State on the effective date of this | 36946 |
section shall be completed by the Director or the staff of the | 36947 |
Office of Budget and Management in the same manner, and with the | 36948 |
same effect, as if completed by the Auditor of State or the staff | 36949 |
of the Auditor of State. Any validation, cure, right, privilege, | 36950 |
remedy, obligation, or liability related to the payment function | 36951 |
is not lost or impaired by reason of the transfer required by this | 36952 |
section and shall be administered by the Office of Budget and | 36953 |
Management. All of the rules, orders, and determinations of the | 36954 |
Auditor of State in relation to the payment function continue in | 36955 |
effect as rules, orders, and determinations of the Director of | 36956 |
Budget and Management until modified or rescinded by the Director. | 36957 |
At the request of the Auditor of State and if necessary to ensure | 36958 |
the integrity of the numbering of the Administrative Code, the | 36959 |
Director of the Legislative Service Commission shall renumber | 36960 |
rules of the Auditor of State in relation to the payment function | 36961 |
to reflect the transfer to the Director of Budget and Management. | 36962 |
(C) Subject to the lay-off provisions of sections 124.321 to | 36963 |
124.328 of the Revised Code, the Auditor of State and the Director | 36964 |
of Budget and Management shall identify the employees of the | 36965 |
Auditor of State assigned to or responsible for the payment | 36966 |
function who shall be transferred to the Office of Budget and | 36967 |
Management. The transfer shall take effect on July 1, 2007, or as | 36968 |
soon as possible thereafter. | 36969 |
(D) Whenever the Auditor of State in relation to the payment | 36970 |
function is referred to in any law, contract, or other document, | 36971 |
the reference shall be deemed to refer to the Director of Budget | 36972 |
and Management. | 36973 |
(E) Any action or proceeding that is related to the payment | 36974 |
function and is pending on the effective date of this section is | 36975 |
not affected by the transfer and shall be prosecuted or defended | 36976 |
in the name of the Director of Budget and Management or the Office | 36977 |
of Budget and Management. In all such actions and proceedings the | 36978 |
Director or the Office, upon application to the court, shall be | 36979 |
substituted as a party. | 36980 |
Section 515.06. (A) The Director of Administrative Services, | 36981 |
the Director of Agriculture, the Director of Health, and the | 36982 |
Director of Environmental Protection shall enter into a memorandum | 36983 |
of understanding concerning the co-location at the Department of | 36984 |
Agriculture's campus in Reynoldsburg of the Department of | 36985 |
Agriculture, Department of Health, and Ohio Environmental | 36986 |
Protection Agency laboratory and related office and storage | 36987 |
facilities. The memorandum shall include the agreed upon | 36988 |
obligations and responsibilities of the agencies relative to the | 36989 |
facilities, and it and any later revision shall not take effect | 36990 |
unless approved by the Director of Budget and Management. | 36991 |
(B) Notwithstanding division (A)(12) of section 123.01 of the | 36992 |
Revised Code, and as shall be specified in the memorandum, the | 36993 |
Department of Agriculture shall be responsible for the maintenance | 36994 |
and care of the co-located facilities, the cost of which care | 36995 |
shall be itemized and proportionately allocated among the | 36996 |
Department of Agriculture, the Department of Health, and the Ohio | 36997 |
Environmental Protection Agency. Except for this requirement, | 36998 |
nothing in this section affects the authority of the Department of | 36999 |
Administrative Services under section 123.01 of the Revised Code. | 37000 |
(C) If required, the Office of Budget and Management and | 37001 |
Department of Administrative Services shall assist in addressing | 37002 |
issues regarding the memorandum's implementation. | 37003 |
Section 606.05. That Section 3 of Sub. H.B. 11 of the 126th | 37004 |
General Assembly be amended to read as follows: | 37005 |
Sec. 3. (A) Notwithstanding anything to the contrary in | 37006 |
division | 37007 |
section 3317.07 of the Revised Code or in rules adopted under that | 37008 |
section, or in Section 206.09.21 of Am. Sub. H.B. 66 of the 126th | 37009 |
General Assembly, during fiscal year 2006 only, upon receipt of a | 37010 |
waiver granted by the Superintendent of Public Instruction a | 37011 |
school district, educational service center, or county MR/DD board | 37012 |
may use the portion of the funds paid under appropriation item | 37013 |
200-503, Bus Purchase Allowance, as approved in the waiver for | 37014 |
purchasing fuel for school buses. | 37015 |
(B) In the manner specified by the Superintendent of Public | 37016 |
Instruction for purposes of this section, a school district, | 37017 |
educational service center, or county MR/DD board may apply to the | 37018 |
Superintendent for a waiver to use funds paid during fiscal year | 37019 |
2006 under appropriation item 200-503, Bus Purchase Allowance, to | 37020 |
purchase fuel for school buses. The Superintendent shall require | 37021 |
the school district, educational service center, or county MR/DD | 37022 |
board to report to the Superintendent by December 31, 2005, its | 37023 |
total expenditures for fuel for buses in fiscal year 2005 and its | 37024 |
estimated expenditures for fuel for buses in fiscal year 2006. The | 37025 |
Superintendent may grant a waiver to a school district, | 37026 |
educational service center, or county MR/DD board only if the | 37027 |
following conditions are met: | 37028 |
(1) The district, service center, or county MR/DD board | 37029 |
demonstrates to the Superintendent's satisfaction that it has a | 37030 |
sufficient supply of buses or contracted bus service to meet its | 37031 |
pupil transportation obligations for fiscal year 2006 without | 37032 |
spending all or part of its allocation of funds under | 37033 |
appropriation item 200-503, Bus Purchase Allowance. | 37034 |
(2) The district's, service center's, or county MR/DD board's | 37035 |
estimate of expenditures for fuel for buses in fiscal year 2006 is | 37036 |
higher than its expenditures for fuel for buses in fiscal year | 37037 |
2005. | 37038 |
The Superintendent shall prescribe in the waiver the portion | 37039 |
of those funds allocated to the school district, service center, | 37040 |
or county MR/DD board under appropriation item 200-503, Bus | 37041 |
Purchase Allowance, that may be used for purchasing fuel for | 37042 |
buses, which portion shall not exceed the difference between the | 37043 |
estimated expenditures for fuel for buses in fiscal year 2006 and | 37044 |
the expenditures for fuel for buses in fiscal year 2005. | 37045 |
(C) Not later than July 31, 2006, each school district, | 37046 |
educational service center, and county MR/DD board that receives a | 37047 |
waiver under this section shall report to the Superintendent of | 37048 |
Public Instruction its actual expenditures to purchase fuel for | 37049 |
school buses in fiscal year 2006. If the Superintendent determines | 37050 |
that the district, service center, or county MR/DD board did not | 37051 |
spend all of the funds from appropriation item 200-503, Bus | 37052 |
Purchase Allowance, prescribed in the waiver to purchase fuel for | 37053 |
buses, the district, service center, or county MR/DD board shall | 37054 |
allocate the remainder of those funds for school bus purchases in | 37055 |
fiscal year 2007. | 37056 |
(D) The Office of Pupil Transportation within the Department | 37057 |
of Education may audit school districts, educational service | 37058 |
centers, and county MR/DD boards that apply for waivers to ensure | 37059 |
the accuracy of the data reported under this section. If the | 37060 |
Office finds that a district, service center, or county MR/DD | 37061 |
board has reported data inaccurately, the Department shall apply | 37062 |
division (L) of section 3301.0714 of the Revised Code to that | 37063 |
district, service center, or county MR/DD board. | 37064 |
Section 606.06. That existing Section 3 of Sub. H.B. 11 of | 37065 |
the 126th General Assembly is hereby repealed. | 37066 |
Section 606.17. That Sections 203.09, 203.12, 203.12.12, | 37067 |
203.45, 203.51, 203.54, 203.66, 203.69, 203.84, 203.87, | 37068 |
203.99.01, 203.99.48, 206.03, 206.09.12, 206.09.15, 206.09.21, | 37069 |
206.09.27, 206.09.36, 206.09.39, 206.09.42, 206.09.66, 206.09.84, | 37070 |
206.16, 206.48, 206.66, 206.66.22, 206.66.23, 206.66.36, | 37071 |
206.66.64, 206.66.66, 206.66.84, 206.66.85, 206.66.91, 206.67.15, | 37072 |
206.67.21, 206.99, 209.04, 209.06.06, 209.06.09, 209.09.06, | 37073 |
209.09.18, 209.15, 209.18, 209.18.09, 209.24, 209.30, 209.33, | 37074 |
209.36, 209.45, 209.63, 209.63.42, 209.64.60, 209.75, 209.81, | 37075 |
209.90.06, 212.03, 212.24, 212.27, 212.30, 212.33, 557.12, and | 37076 |
612.36.03 of Am. Sub. H.B. 66 of the 126th General Assembly be | 37077 |
amended to read as follows: | 37078 |
Sec. 203.09. ADJ ADJUTANT GENERAL | 37079 |
General Revenue Fund | 37080 |
GRF | 745-401 | Ohio Military Reserve | $ | 15,188 | $ | 15,188 | 37081 | ||||
GRF | 745-404 | Air National Guard | $ | 1,939,762 | $ | 1,939,762 | 37082 | ||||
GRF | 745-407 | National Guard Benefits | $ | 1,400,000 | $ | 1,400,000 | 37083 | ||||
GRF | 745-409 | Central Administration | $ | 3,949,590 | $ | 3,949,590 | 37084 | ||||
GRF | 745-499 | Army National Guard | $ | 4,086,222 | $ | 4,086,222 | 37085 | ||||
GRF | 745-502 | Ohio National Guard Unit Fund | $ | 102,973 | $ | 102,973 | 37086 | ||||
TOTAL GRF General Revenue Fund | $ | 11,493,735 | $ | 11,493,735 | 37087 |
General Services Fund Group | 37088 |
534 | 745-612 | Armory Improvements | $ | 534,304 | $ | 534,304 | 37089 | ||||
536 | 745-620 | Camp Perry/Buckeye Inn Operations | $ | 1,094,970 | $ | 1,094,970 | 37090 | ||||
537 | 745-604 | Ohio National Guard Facility Maintenance | $ | 219,826 | $ | 219,826 | 37091 | ||||
TOTAL GSF General Services Fund Group | $ | 1,849,100 | $ | 1,849,100 | 37092 |
Federal Special Revenue Fund Group | 37093 |
3E8 | 745-628 | Air National Guard Agreement | $ | 12,174,760 | $ | 12,174,760 | 37094 | ||||
3R8 | 745-603 | Counter Drug Operations | $ | 25,000 | $ | 25,000 | 37095 | ||||
341 | 745-615 | Air National Guard Base Security | $ | 2,424,740 | $ | 2,424,740 | 37096 | ||||
342 | 745-616 | Army National Guard Agreement | $ | 8,686,893 | $ | 8,686,893 | 37097 | ||||
TOTAL FED Federal Special Revenue Fund Group | $ | 23,311,393 | $ | 23,311,393 | 37098 |
State Special Revenue Fund Group | 37099 |
5DN | 745-618 | Service Medal Production | $ | 1,500 | $ | 0 | 37100 | ||||
5U8 | 745-613 | Community Match Armories | $ | 90,000 | $ | 91,800 | 37101 | ||||
528 | 745-605 | Marksmanship Activities | $ | 126,078 | $ | 128,600 | 37102 | ||||
TOTAL SSR State Special Revenue Fund Group | $ | $ | 220,400 | 37103 |
TOTAL ALL BUDGET FUND GROUPS | $ | $ | 36,874,628 | 37104 |
NATIONAL GUARD BENEFITS | 37105 |
The foregoing appropriation item 745-407, National Guard | 37106 |
Benefits, shall be used for purposes of sections 5919.31 and | 37107 |
5919.33 of the Revised Code, and for administrative costs of the | 37108 |
associated programs. | 37109 |
For active duty members of the Ohio National Guard who died | 37110 |
after October 7, 2001, while performing active duty, the death | 37111 |
benefit, pursuant to section 5919.33 of the Revised Code, shall be | 37112 |
paid to the beneficiary or beneficiaries designated on the | 37113 |
member's Servicemembers' Group Life Insurance Policy. | 37114 |
STATE ACTIVE DUTY COSTS | 37115 |
Of the foregoing appropriation item 745-409, Central | 37116 |
Administration, $50,000 in each fiscal year shall be used for the | 37117 |
purpose of paying expenses related to state active duty of members | 37118 |
of the Ohio organized militia, in accordance with a proclamation | 37119 |
of the Governor. Expenses include, but are not limited to, the | 37120 |
cost of equipment, supplies, and services, as determined by the | 37121 |
Adjutant General's Department. | 37122 |
NATIONAL GUARD SERVICE MEDAL PRODUCTION | 37123 |
The foregoing appropriation item 745-618, Service Medal | 37124 |
Production, shall be used to cover costs of production of the | 37125 |
Commemorative National Guard Service Medal pursuant to section | 37126 |
5919.19 of the Revised Code. | 37127 |
CASH TRANSFER TO NATIONAL GUARD SERVICE MEDAL FUND | 37128 |
At the request of the Adjutant General, the Director of | 37129 |
Budget and Management may transfer up to $1,500 cash from the | 37130 |
General Revenue Fund to the National Guard Service Medal Fund | 37131 |
(Fund 5DN) in fiscal year 2006. | 37132 |
Sec. 203.12. DAS DEPARTMENT OF ADMINISTRATIVE SERVICES | 37133 |
General Revenue Fund | 37134 |
GRF | 100-403 | Public School Employee Benefits | $ | 1,200,000 | $ | 1,500,000 | 37135 | ||||
GRF | 100-404 | CRP Procurement Program | $ | 248,040 | $ | 268,040 | 37136 | ||||
GRF | 100-405 | Agency Audit Expenses | $ | 329,000 | $ | 329,000 | 37137 | ||||
GRF | 100-406 | County & University Human Resources Services | $ | $ | 37138 | ||||||
GRF | 100-410 | Veterans' Records Conversion | $ | 69,000 | $ | 48,600 | 37139 | ||||
GRF | 100-418 | Web Sites and Business Gateway | $ | 3,275,280 | $ | 3,275,280 | 37140 | ||||
GRF | 100-419 | IT Security Infrastructure | $ | 1,636,247 | $ | 1,636,247 | 37141 | ||||
GRF | 100-421 | OAKS Project Implementation | $ | 484,000 | $ | 410,839 | 37142 | ||||
GRF | 100-433 | State of Ohio Computer Center | $ | 4,991,719 | $ | 4,991,719 | 37143 | ||||
GRF | 100-439 | Equal Opportunity Certification Programs | $ | 726,481 | $ | 728,384 | 37144 | ||||
GRF | 100-447 | OBA - Building Rent Payments | $ | 115,740,400 | $ | 116,091,300 | 37145 | ||||
GRF | 100-448 | OBA - Building Operating Payments | $ | 25,393,250 | $ | 25,647,183 | 37146 | ||||
GRF | 100-449 | DAS - Building Operating Payments | $ | 4,160,383 | $ | 4,170,623 | 37147 | ||||
GRF | 100-451 | Minority Affairs | $ | 47,000 | $ | 47,000 | 37148 | ||||
GRF | 100-734 | Major Maintenance - State Bldgs | $ | 50,000 | $ | 50,000 | 37149 | ||||
GRF | 102-321 | Construction Compliance | $ | 1,190,959 | $ | 1,206,779 | 37150 | ||||
GRF | 130-321 | State Agency Support Services | $ | 2,693,788 | $ | 2,668,986 | 37151 | ||||
TOTAL GRF General Revenue Fund | $ | $ | 37152 |
General Services Fund Group | 37153 |
112 | 100-616 | DAS Administration | $ | 5,221,393 | $ | 5,299,427 | 37154 | ||||
115 | 100-632 | Central Service Agency | $ | 466,517 | $ | 37155 | |||||
117 | 100-644 | General Services Division - Operating | $ | 6,834,247 | $ | 7,245,772 | 37156 | ||||
122 | 100-637 | Fleet Management | $ | 4,025,043 | $ | 4,032,968 | 37157 | ||||
125 | 100-622 | Human Resources Division - Operating | $ | 18,864,179 | $ | 19,220,614 | 37158 | ||||
127 | 100-627 | Vehicle Liability Insurance | $ | 3,344,644 | $ | 3,344,644 | 37159 | ||||
128 | 100-620 | Collective Bargaining | $ | 3,410,952 | $ | 3,410,952 | 37160 | ||||
130 | 100-606 | Risk Management Reserve | $ | 223,904 | $ | 223,904 | 37161 | ||||
131 | 100-639 | State Architect's Office | $ | 6,977,274 | $ | 7,047,427 | 37162 | ||||
132 | 100-631 | DAS Building Management | $ | 10,721,430 | $ | 11,066,228 | 37163 | ||||
133 | 100-607 | IT Services Delivery | $ | 81,418,432 | $ | 80,345,564 | 37164 | ||||
188 | 100-649 | Equal Opportunity Division - Operating | $ | 993,378 | $ | 1,010,256 | 37165 | ||||
201 | 100-653 | General Services Resale Merchandise | $ | 1,553,000 | $ | 1,553,000 | 37166 | ||||
210 | 100-612 | State Printing | $ | 5,931,421 | $ | 5,931,421 | 37167 | ||||
229 | 100-630 | IT Governance | $ | 18,531,812 | $ | 17,601,712 | 37168 | ||||
4N6 | 100-617 | Major IT Purchases | $ | 10,617,166 | $ | 10,617,166 | 37169 | ||||
4P3 | 100-603 | DAS Information Services | $ | 5,902,099 | $ | 6,117,004 | 37170 | ||||
427 | 100-602 | Investment Recovery | $ | 5,580,208 | $ | 5,683,564 | 37171 | ||||
5C2 | 100-605 | MARCS Administration | $ | 9,268,178 | $ | 9,268,178 | 37172 | ||||
5C3 | 100-608 | Skilled Trades | $ | 1,406,278 | $ | 1,434,982 | 37173 | ||||
5D7 | 100-621 | Workforce Development | $ | 12,000,000 | $ | 12,000,000 | 37174 | ||||
5L7 | 100-610 | Professional Development | $ | 2,700,000 | $ | 2,700,000 | 37175 | ||||
5V6 | 100-619 | Employee Educational Development | $ | 936,129 | $ | 936,129 | 37176 | ||||
TOTAL GSF General Services Fund | 37177 | ||||||||||
Group | $ | 216,927,684 | $ | 37178 |
Federal Special Revenue Fund Group | 37179 |
3AJ | 100-623 | Information Technology Grants | $ | 82,048 | $ | 82,048 | 37180 | ||||
TOTAL FSR Federal Special Revenue Fund Group | $ | 82,048 | $ | 82,048 | 37181 |
Agency Fund Group | 37182 |
124 | 100-629 | Payroll Deductions | $ | 2,050,000,000 | $ | 2,050,000,000 | 37183 | ||||
TOTAL AGY Agency Fund Group | $ | 2,050,000,000 | $ | 2,050,000,000 | 37184 |
Holding Account Redistribution Fund Group | 37185 |
R08 | 100-646 | General Services Refunds | $ | 20,000 | $ | 20,000 | 37186 | ||||
TOTAL 090 Holding Account | 37187 | ||||||||||
Redistribution Fund Group | $ | 20,000 | $ | 20,000 | 37188 | ||||||
TOTAL ALL BUDGET FUND GROUPS | $ | $ | 37189 |
Sec. 203.12.12. CENTRAL SERVICE AGENCY FUND | 37191 |
The Director of Budget and Management may transfer up to | 37192 |
$363,851 in fiscal year 2006 from the Occupational Licensing and | 37193 |
Regulatory Fund (Fund 4K9) to the Central Service Agency Fund | 37194 |
(Fund 115). The Director of Budget and Management may transfer up | 37195 |
to $45,184 in fiscal year 2006 from the State Medical Board | 37196 |
Operating Fund (Fund 5C6) to the Central Service Agency Fund (Fund | 37197 |
115). The Director of Budget and Management may transfer up to | 37198 |
$625 in fiscal year 2006 from the Motor Vehicle Collision Repair | 37199 |
Registration Fund (Fund 5H9) to the Central Service Agency Fund | 37200 |
(Fund 115). The appropriation item 100-632, Central Service | 37201 |
Agency, shall be used to purchase the necessary equipment, | 37202 |
products, and services to maintain an automated application for | 37203 |
the professional licensing boards, and to support their licensing | 37204 |
functions in fiscal year 2006. The amount of the cash transfers is | 37205 |
appropriated to appropriation item 100-632, Central Service | 37206 |
Agency. | 37207 |
The Department of Administrative Services shall establish | 37208 |
charges for recovering the costs of maintaining an automated | 37209 |
application for the professional licensing boards and for the | 37210 |
costs of supporting licensing functions in fiscal year 2007. In | 37211 |
establishing these charges for fiscal year 2007 any changes from | 37212 |
the method used to calculate fiscal year 2006 costs to be | 37213 |
recovered via transfer of funds or any changes from the type of | 37214 |
costs recovered through fiscal year 2006 transfers are subject to | 37215 |
Controlling Board approval. The charges shall be billed to the | 37216 |
professional licensing boards and deposited via intrastate | 37217 |
transfer vouchers to the credit of the Central Service Agency Fund | 37218 |
(Fund 115). Total Department of Administrative Services charges | 37219 |
for the maintenance and support of the licensing system in fiscal | 37220 |
year 2007 shall not exceed $375,700. | 37221 |
Sec. 203.45. ATH ATHLETIC COMMISSION | 37222 |
General Services Fund Group | 37223 |
4K9 | 175-609 | Operating Expenses | $ | 248,150 | $ | 37224 | |||||
TOTAL GSF General Services Fund Group | $ | 248,150 | $ | 37225 | |||||||
TOTAL ALL BUDGET FUND GROUPS | $ | 248,150 | $ | 37226 |
Sec. 203.51. AUD AUDITOR OF STATE | 37228 |
General Revenue Fund | 37229 |
GRF | 070-321 | Operating Expenses | $ | $ | 37230 | ||||||
GRF | 070-403 | Fiscal Watch/Emergency Technical Assistance | $ | 500,000 | $ | 500,000 | 37231 | ||||
GRF | 070-405 | Electronic Data Processing - Auditing and Administration | $ | 823,193 | $ | 823,193 | 37232 | ||||
GRF | 070-406 | Uniform Accounting Network/Technology Improvements Fund | $ | 1,588,538 | $ | 1,588,538 | 37233 | ||||
TOTAL GRF General Revenue Fund | $ | $ | 37234 |
Auditor of State Fund Group | 37235 |
R06 | 070-604 | Continuous Receipts | $ | 35,000 | $ | 35,000 | 37236 | ||||
109 | 070-601 | Public Audit Expense - Intra-State | $ | $ | 37237 | ||||||
422 | 070-601 | Public Audit Expense - Local Government | $ | 31,104,840 | $ | 31,104,840 | 37238 | ||||
584 | 070-603 | Training Program | $ | $ | 37239 | ||||||
675 | 070-605 | Uniform Accounting Network | $ | 3,317,336 | $ | 3,317,336 | 37240 | ||||
TOTAL |
37241 | ||||||||||
Group | $ | $ | 37242 | ||||||||
TOTAL ALL BUDGET FUND GROUPS | $ | $ | 37243 |
BILLING PRACTICES PILOT REVIEW | 37244 |
Of the foregoing appropriation item 070-321, Operating | 37245 |
Expenses, $50,000 shall be used by the Auditor of State to conduct | 37246 |
a pilot review of the billing practices of facilities licensed by | 37247 |
the Department of Mental Health and the Department of Job and | 37248 |
Family Services that serve children in a residential setting for | 37249 |
whom mental health treatment services are provided. In conducting | 37250 |
this review, the Auditor of State shall have access to any | 37251 |
information, records, or other data that would otherwise be | 37252 |
available to any federal, state, or local public agency that | 37253 |
provides funding to the facility. | 37254 |
The Auditor of State shall prepare a report on the | 37255 |
conclusions of the pilot review, and shall furnish copies of the | 37256 |
report to the Governor, the Speaker of the House of | 37257 |
Representatives, and the President of the Senate, as well as to | 37258 |
the majority and minority leaders of the House of Representatives | 37259 |
and the Senate, by June 30, 2006. | 37260 |
FISCAL WATCH/EMERGENCY TECHNICAL ASSISTANCE | 37261 |
The foregoing appropriation item 070-403, Fiscal | 37262 |
Watch/Emergency Technical Assistance, shall be used for all | 37263 |
expenses incurred by the Office of the Auditor of State in its | 37264 |
role relating to fiscal watch or fiscal emergency activities under | 37265 |
Chapters 118. and 3316. of the Revised Code. Expenses include, but | 37266 |
are not limited to, the following: duties related to the | 37267 |
determination or termination of fiscal watch or fiscal emergency | 37268 |
of municipal corporations, counties, or townships as outlined in | 37269 |
Chapter 118. of the Revised Code and of school districts as | 37270 |
outlined in Chapter 3316. of the Revised Code; development of | 37271 |
preliminary accounting reports; performance of annual forecasts; | 37272 |
provision of performance audits; and supervisory, accounting, or | 37273 |
auditing services for the mentioned public entities and school | 37274 |
districts. The unencumbered balance of appropriation item 070-403, | 37275 |
Fiscal Watch/Emergency Technical Assistance, at the end of fiscal | 37276 |
year 2006 is transferred to fiscal year 2007 for use under the | 37277 |
same appropriation item. | 37278 |
ELECTRONIC DATA PROCESSING | 37279 |
The unencumbered balance of appropriation item 070-405, | 37280 |
Electronic Data Processing - Auditing and Administration, at the | 37281 |
end of fiscal year 2006 is transferred to fiscal year 2007 for use | 37282 |
under the same appropriation item. | 37283 |
UNIFORM ACCOUNTING NETWORK/TECHNOLOGY IMPROVEMENTS FUND | 37284 |
The foregoing appropriation item 070-406, Uniform Accounting | 37285 |
Network/Technology Improvements Fund, shall be used to pay the | 37286 |
costs of developing and implementing the Uniform Accounting | 37287 |
Network and technology improvements for the Office of the Auditor | 37288 |
of State. The unencumbered balance of the appropriation at the | 37289 |
end of fiscal year 2006 is transferred to fiscal year 2007 to pay | 37290 |
the costs of developing and implementing the Uniform Accounting | 37291 |
Network and technology improvements for the Office of the Auditor | 37292 |
of State. | 37293 |
Sec. 203.54. BRB BOARD OF BARBER EXAMINERS | 37294 |
General Services Fund Group | 37295 |
4K9 | 877-609 | Operating Expenses | $ | 568,126 | $ | 37296 | |||||
TOTAL GSF General Services Fund | 37297 | ||||||||||
Group | $ | 568,126 | $ | 37298 | |||||||
TOTAL ALL BUDGET FUND GROUPS | $ | 568,126 | $ | 37299 |
Sec. 203.66. CDP CHEMICAL DEPENDENCY PROFESSIONALS BOARD | 37301 |
General Services Fund Group | 37302 |
4K9 | 930-609 | Operating Expenses | $ | 452,976 | $ | 37303 | |||||
TOTAL GSF General Services Fund Group | $ | 452,976 | $ | 37304 | |||||||
TOTAL ALL BUDGET FUND GROUPS | $ | 452,976 | $ | 37305 |
Sec. 203.69. CHR STATE CHIROPRACTIC BOARD | 37307 |
General Services Fund Group | 37308 |
4K9 | 878-609 | Operating Expenses | $ | 605,278 | $ | 37309 | |||||
TOTAL GSF General Services Fund Group | $ | 605,278 | $ | 37310 | |||||||
TOTAL ALL BUDGET FUND GROUPS | $ | 605,278 | $ | 37311 |
Sec. 203.84. COS STATE BOARD OF COSMETOLOGY | 37313 |
General Services Fund Group | 37314 |
4K9 | 879-609 | Operating Expenses | $ | 2,929,630 | $ | 37315 | |||||
TOTAL GSF General Services Fund | 37316 | ||||||||||
Group | $ | 2,929,630 | $ | 37317 | |||||||
TOTAL ALL BUDGET FUND GROUPS | $ | 2,929,630 | $ | 37318 |
Sec. 203.87. CSW COUNSELOR, SOCIAL WORKER, AND MARRIAGE AND | 37320 |
FAMILY THERAPIST BOARD | 37321 |
General Services Fund Group | 37322 |
4K9 | 899-609 | Operating Expenses | $ | 1,058,445 | $ | 37323 | |||||
TOTAL GSF General Services Fund | 37324 | ||||||||||
Group | $ | 1,058,445 | $ | 37325 | |||||||
TOTAL ALL BUDGET FUND GROUPS | $ | 1,058,445 | $ | 37326 |
Sec. 203.99.01. OPERATING EXPENSES | 37328 |
Of the foregoing appropriation item 195-321, Operating | 37329 |
Expenses, $50,000 in fiscal year 2006 and $35,000 in fiscal year | 37330 |
2007 shall be used | 37331 |
37332 | |
37333 |
Sec. 203.99.48. FACILITIES ESTABLISHMENT FUND | 37334 |
The foregoing appropriation item 195-615, Facilities | 37335 |
Establishment (Fund 037), shall be used for the purposes of the | 37336 |
Facilities Establishment Fund under Chapter 166. of the Revised | 37337 |
Code. | 37338 |
Notwithstanding Chapter 166. of the Revised Code, up to | 37339 |
$1,800,000 in cash each fiscal year may be transferred from the | 37340 |
Facilities Establishment Fund (Fund 037) to the Economic | 37341 |
Development Financing Operating Fund (Fund 451). The transfer is | 37342 |
subject to Controlling Board approval under division (B) of | 37343 |
section 166.03 of the Revised Code. | 37344 |
Notwithstanding Chapter 166. of the Revised Code, up to | 37345 |
$5,000,000 in cash each fiscal year may be transferred from the | 37346 |
Facilities Establishment Fund (Fund 037) to the Shovel Ready Sites | 37347 |
Fund (Fund 5CA). The transfer is subject to Controlling Board | 37348 |
approval under division (B) of section 166.03 of the Revised Code. | 37349 |
Notwithstanding Chapter 166. of the Revised Code, up to | 37350 |
37351 | |
biennium from the Facilities Establishment Fund (Fund 037) to the | 37352 |
Urban Redevelopment Loans Fund (Fund 5D2) for the purpose of | 37353 |
removing barriers to urban core redevelopment. The Director of | 37354 |
Development shall develop program guidelines for the transfer and | 37355 |
release of funds, including, but not limited to, the completion of | 37356 |
all appropriate environmental assessments before state assistance | 37357 |
is committed to a project. | 37358 |
Notwithstanding Chapter 166. of the Revised Code, up to | 37359 |
$3,000,000 each fiscal year in cash may be transferred from the | 37360 |
Facilities Establishment Fund (Fund 037) to the Rural Industrial | 37361 |
Park Loan Fund (Fund 4Z6). The transfer is subject to Controlling | 37362 |
Board approval under section 166.03 of the Revised Code. | 37363 |
FAMILY FARM LOAN PROGRAM | 37364 |
Notwithstanding Chapter 166. of the Revised Code, up to | 37365 |
$1,000,000 in each fiscal year shall be transferred from moneys in | 37366 |
the Facilities Establishment Fund (Fund 037) to the Family Farm | 37367 |
Loan Guarantee Fund (Fund 5H1) in the Department of Development. | 37368 |
The moneys shall be used for loan guarantees. The transfer is | 37369 |
subject to Controlling Board approval. | 37370 |
Financial assistance from the Family Farm Loan Guarantee Fund | 37371 |
(Fund 5H1) shall be repaid to Fund 5H1. This fund is established | 37372 |
under sections 166.031, 901.80, 901.81, 901.82, and 901.83 of the | 37373 |
Revised Code. | 37374 |
When the Family Farm Loan Guarantee Fund (Fund 5H1) ceases to | 37375 |
exist, all outstanding balances, all loan repayments, and any | 37376 |
other outstanding obligations shall revert to the Facilities | 37377 |
Establishment Fund (Fund 037). | 37378 |
RURAL DEVELOPMENT INITIATIVE FUND | 37379 |
(A)(1) The Rural Development Initiative Fund (Fund 5S8) is | 37380 |
entitled to receive moneys from the Facilities Establishment Fund | 37381 |
(Fund 037). The Director of Development may make grants from the | 37382 |
Rural Development Initiative Fund as specified in division (A)(2) | 37383 |
of this section to eligible applicants in Appalachian counties and | 37384 |
in rural counties in the state that are designated as distressed | 37385 |
under section 122.25 of the Revised Code. Preference shall be | 37386 |
given to eligible applicants located in Appalachian counties | 37387 |
designated as distressed by the federal Appalachian Regional | 37388 |
Commission. The Rural Development Initiative Fund (Fund 5S8) shall | 37389 |
cease to exist after June 30, 2007. All moneys remaining in the | 37390 |
Fund after that date shall revert to the Facilities Establishment | 37391 |
Fund (Fund 037). | 37392 |
(2) The Director of Development shall make grants from the | 37393 |
Rural Development Initiative Fund (Fund 5S8) only to eligible | 37394 |
applicants who also qualify for and receive funding under the | 37395 |
Rural Industrial Park Loan Program as specified in sections 122.23 | 37396 |
to 122.27 of the Revised Code. Eligible applicants shall use the | 37397 |
grants for the purposes specified in section 122.24 of the Revised | 37398 |
Code. All projects supported by grants from the fund are subject | 37399 |
to Chapter 4115. of the Revised Code as specified in division (E) | 37400 |
of section 166.02 of the Revised Code. The Director shall develop | 37401 |
program guidelines for the transfer and release of funds. The | 37402 |
release of grant moneys to an eligible applicant is subject to | 37403 |
Controlling Board approval. | 37404 |
(B) Notwithstanding Chapter 166. of the Revised Code, the | 37405 |
Director of Budget and Management may transfer up to $3,000,000 | 37406 |
each fiscal year in cash on an as needed basis at the request of | 37407 |
the Director of Development from the Facilities Establishment Fund | 37408 |
(Fund 037) to the Rural Development Initiative Fund (Fund 5S8). | 37409 |
The transfer is subject to Controlling Board approval under | 37410 |
section 166.03 of the Revised Code. | 37411 |
CAPITAL ACCESS LOAN PROGRAM | 37412 |
The foregoing appropriation item 195-628, Capital Access Loan | 37413 |
Program, shall be used for operating, program, and administrative | 37414 |
expenses of the program. Funds of the Capital Access Loan Program | 37415 |
shall be used to assist participating financial institutions in | 37416 |
making program loans to eligible businesses that face barriers in | 37417 |
accessing working capital and obtaining fixed asset financing. | 37418 |
Notwithstanding Chapter 166. of the Revised Code, the | 37419 |
Director of Budget and Management may transfer up to $3,000,000 | 37420 |
each fiscal year in cash on an as needed basis at the request of | 37421 |
the Director of Development from the Facilities Establishment Fund | 37422 |
(Fund 037) to the Capital Access Loan Program Fund (Fund 5S9). The | 37423 |
transfer is subject to Controlling Board approval under section | 37424 |
166.03 of the Revised Code. | 37425 |
INNOVATION OHIO LOAN FUND | 37426 |
The foregoing appropriation item 195-664, Innovation Ohio, | 37427 |
shall be used to provide for innovation Ohio purposes, including | 37428 |
loan guarantees and loans under Chapter 166. and particularly | 37429 |
sections 166.12 to 166.16 of the Revised Code. | 37430 |
RESEARCH AND DEVELOPMENT | 37431 |
The foregoing appropriation item 195-665, Research and | 37432 |
Development, shall be used to provide for research and development | 37433 |
purposes, including loans, under Chapter 166. and particularly | 37434 |
sections 166.17 to 166.21 of the Revised Code. | 37435 |
Sec. 206.03. OBD OHIO BOARD OF DIETETICS | 37436 |
General Services Fund Group | 37437 |
4K9 | 860-609 | Operating Expenses | $ | 332,495 | $ | 37438 | |||||
TOTAL GSF General Services Fund | 37439 | ||||||||||
Group | $ | 332,495 | $ | 37440 | |||||||
TOTAL ALL BUDGET FUND GROUPS | $ | 332,495 | $ | 37441 |
Sec. 206.09.12. COMPUTER/APPLICATION/NETWORK DEVELOPMENT | 37443 |
The foregoing appropriation item 200-420, | 37444 |
Computer/Application/Network Development, shall be used to support | 37445 |
the development and implementation of information technology | 37446 |
solutions designed to improve the performance and services of the | 37447 |
Department of Education. Funds may be used for personnel, | 37448 |
maintenance, and equipment costs related to the development and | 37449 |
implementation of these technical system projects. Implementation | 37450 |
of these systems shall allow the Department to provide greater | 37451 |
levels of assistance to school districts and to provide more | 37452 |
timely information to the public, including school districts, | 37453 |
administrators, and legislators. | 37454 |
ALTERNATIVE EDUCATION PROGRAMS | 37455 |
There is hereby created the Alternative Education Advisory | 37456 |
Council, which shall consist of one representative from each of | 37457 |
the following agencies: the Ohio Department of Education; the | 37458 |
Department of Youth Services; the Ohio Department of Alcohol and | 37459 |
Drug Addiction Services; the Department of Mental Health; the | 37460 |
Office of the Governor or, at the Governor's discretion, the | 37461 |
Office of the Lieutenant Governor; the Office of the Attorney | 37462 |
General; and the Office of the Auditor of State. | 37463 |
Of the foregoing appropriation item 200-421, Alternative | 37464 |
Education Programs, up to $6,227,310 in each fiscal year shall be | 37465 |
used for the renewal of successful implementation grants and for | 37466 |
competitive matching grants to the 21 urban school districts as | 37467 |
defined in division (O) of section 3317.02 of the Revised Code as | 37468 |
it
existed prior to July 1, 1998, and up to | 37469 |
in each fiscal year shall be used for the renewal of successful | 37470 |
implementation grants and for competitive matching grants to rural | 37471 |
and suburban school districts for alternative educational programs | 37472 |
for existing and new at-risk and delinquent youth. Programs shall | 37473 |
be focused on youth in one or more of the following categories: | 37474 |
those who have been expelled or suspended, those who have dropped | 37475 |
out of school or who are at risk of dropping out of school, those | 37476 |
who are habitually truant or disruptive, or those on probation or | 37477 |
on parole from a Department of Youth Services facility. Grants | 37478 |
shall be awarded according to the criteria established by the | 37479 |
Alternative Education Advisory Council in 1999. Grants shall be | 37480 |
awarded only to programs in which the grant will not serve as the | 37481 |
program's primary source of funding. These grants shall be | 37482 |
administered by the Department of Education. | 37483 |
The Department of Education may waive compliance with any | 37484 |
minimum education standard established under section 3301.07 of | 37485 |
the Revised Code for any alternative school that receives a grant | 37486 |
under this section on the grounds that the waiver will enable the | 37487 |
program to more effectively educate students enrolled in the | 37488 |
alternative school. | 37489 |
Of the foregoing appropriation item 200-421, Alternative | 37490 |
Education Programs, up to $422,281 in each fiscal year may be used | 37491 |
for program administration, monitoring, technical assistance, | 37492 |
support, research, and evaluation. Any unexpended balance may be | 37493 |
used to provide additional matching grants to urban, suburban, or | 37494 |
rural school districts as outlined above. | 37495 |
Of the foregoing appropriation item 200-421, Alternative | 37496 |
Education Programs, $247,000 in each fiscal year shall be used to | 37497 |
contract with the Center for Learning Excellence at The Ohio State | 37498 |
University to provide technical support for the project and the | 37499 |
completion of formative and summative evaluation of the grants. | 37500 |
Of the foregoing appropriation item 200-421, Alternative | 37501 |
Education Programs, up to $675,000 in fiscal year 2006 and up to | 37502 |
$500,000 in fiscal year 2007 may be used by the Department of | 37503 |
Education to administer the Educational Choice Scholarship Pilot | 37504 |
Program established under section 3310.02 of the Revised Code. | 37505 |
Of the foregoing appropriation item 200-421, Alternative | 37506 |
Education Programs, $75,000 in each fiscal year shall be used to | 37507 |
support the Toledo Tech Academy. | 37508 |
Of the foregoing appropriation item 200-421, Alternative | 37509 |
Education Programs, $100,000 in each fiscal year shall be used for | 37510 |
the Youth Opportunities United, Inc. | 37511 |
SCHOOL MANAGEMENT ASSISTANCE | 37512 |
Of the foregoing appropriation item 200-422, School | 37513 |
Management Assistance, up to $1,315,000 in each fiscal year shall | 37514 |
be used by the Auditor of State in consultation with the | 37515 |
Department of Education for expenses incurred in the Auditor of | 37516 |
State's role relating to fiscal caution, fiscal watch, and fiscal | 37517 |
emergency activities as defined in Chapter 3316. of the Revised | 37518 |
Code and may also be used to conduct performance audits consistent | 37519 |
with the recommendations of the Governor's Blue Ribbon Task Force | 37520 |
on Financing Student Success, with priority given to districts in | 37521 |
fiscal distress. Expenses include duties related to the completion | 37522 |
of performance audits for school districts that the Superintendent | 37523 |
of Public Instruction determines are employing fiscal practices or | 37524 |
experiencing budgetary conditions that could produce a state of | 37525 |
fiscal watch or fiscal emergency. | 37526 |
The remainder of foregoing appropriation item 200-422, School | 37527 |
Management Assistance, shall be used by the Department of | 37528 |
Education to provide fiscal technical assistance and inservice | 37529 |
education for school district management personnel and to | 37530 |
administer, monitor, and implement the fiscal watch and fiscal | 37531 |
emergency provisions under Chapter 3316. of the Revised Code. | 37532 |
POLICY ANALYSIS | 37533 |
The foregoing appropriation item 200-424, Policy Analysis, | 37534 |
shall be used by the Department of Education to support a system | 37535 |
of administrative, statistical, and legislative education | 37536 |
information to be used for policy analysis. Staff supported by | 37537 |
this appropriation shall administer the development of reports, | 37538 |
analyses, and briefings to inform education policymakers of | 37539 |
current trends in education practice, efficient and effective use | 37540 |
of resources, and evaluation of programs to improve education | 37541 |
results. The database shall be kept current at all times. These | 37542 |
research efforts shall be used to supply information and analysis | 37543 |
of data to the General Assembly and other state policymakers, | 37544 |
including the Office of Budget and Management and the Legislative | 37545 |
Service Commission. | 37546 |
The Department of Education may use funding from this | 37547 |
appropriation item to purchase or contract for the development of | 37548 |
software systems or contract for policy studies that will assist | 37549 |
in the provision and analysis of policy-related information. | 37550 |
Funding from this appropriation item also may be used to monitor | 37551 |
and enhance quality assurance for research-based policy analysis | 37552 |
and program evaluation to enhance the effective use of education | 37553 |
information to inform education policymakers. | 37554 |
TECH PREP CONSORTIA SUPPORT | 37555 |
The foregoing appropriation item 200-425, Tech Prep Consortia | 37556 |
Support, shall be used by the Department of Education to support | 37557 |
state-level activities designed to support, promote, and expand | 37558 |
tech prep programs. Use of these funds shall include, but not be | 37559 |
limited to, administration of grants, program evaluation, | 37560 |
professional development, curriculum development, assessment | 37561 |
development, program promotion, communications, and statewide | 37562 |
coordination of tech prep consortia. | 37563 |
OHIO EDUCATIONAL COMPUTER NETWORK | 37564 |
The foregoing appropriation item 200-426, Ohio Educational | 37565 |
Computer Network, shall be used by the Department of Education to | 37566 |
maintain a system of information technology throughout Ohio and to | 37567 |
provide technical assistance for such a system in support of the | 37568 |
State Education Technology Plan under section 3301.07 of the | 37569 |
Revised Code. | 37570 |
Of the foregoing appropriation item 200-426, Ohio Educational | 37571 |
Computer Network, up to $18,136,691 in each fiscal year shall be | 37572 |
used by the Department of Education to support connection of all | 37573 |
public school buildings and participating chartered nonpublic | 37574 |
schools to the state's education network, to each other, and to | 37575 |
the Internet. In each fiscal year the Department of Education | 37576 |
shall use these funds to assist data acquisition sites or school | 37577 |
districts with the operational costs associated with this | 37578 |
connectivity. The Department of Education shall develop a formula | 37579 |
and guidelines for the distribution of these funds to the data | 37580 |
acquisition sites or individual school districts. As used in this | 37581 |
section, "public school building" means a school building of any | 37582 |
city, local, exempted village, or joint vocational school | 37583 |
district, any community school established under Chapter 3314. of | 37584 |
the Revised Code, any educational service center building used for | 37585 |
instructional purposes, the Ohio School for the Deaf and the Ohio | 37586 |
School for the Blind, or high schools chartered by the Ohio | 37587 |
Department of Youth Services and high schools operated by Ohio | 37588 |
Department of Rehabilitation and Corrections' Ohio Central School | 37589 |
System. | 37590 |
Of the foregoing appropriation item 200-426, Ohio Educational | 37591 |
Computer Network, up to $1,700,000 in each fiscal year shall be | 37592 |
used for the Union Catalog and InfOhio Network. | 37593 |
Of the foregoing appropriation item 200-426, Ohio Educational | 37594 |
Computer Network, up to $8,338,468 in each fiscal year shall be | 37595 |
used, through a formula and guidelines devised by the department, | 37596 |
to subsidize the activities of designated data acquisition sites, | 37597 |
as defined by State Board of Education rules, to provide school | 37598 |
districts and chartered nonpublic schools with computer-based | 37599 |
student and teacher instructional and administrative information | 37600 |
services, including approved computerized financial accounting, | 37601 |
and to ensure the effective operation of local automated | 37602 |
administrative and instructional systems. | 37603 |
Of the foregoing appropriation item 200-426, Ohio Educational | 37604 |
Computer Network, up to $769,223 in each fiscal year shall be used | 37605 |
for the INFOhio Network to support the provision of electronic | 37606 |
resources with priority given to resources that support the | 37607 |
teaching of state academic content standards to all public | 37608 |
schools. Consideration shall be given by the Department of | 37609 |
Education to coordinating the allocation of these moneys with the | 37610 |
efforts of Libraries Connect Ohio, whose members include OhioLINK, | 37611 |
the Ohio Public Information Network, and the State Library of | 37612 |
Ohio. | 37613 |
The remainder of appropriation item 200-426, Ohio Educational | 37614 |
Computer Network, shall be used to support development, | 37615 |
maintenance, and operation of a network of uniform and compatible | 37616 |
computer-based information and instructional systems. This | 37617 |
technical assistance shall include, but not be restricted to, | 37618 |
development and maintenance of adequate computer software systems | 37619 |
to support network activities. In order to improve the efficiency | 37620 |
of network activities, the Department and data acquisition sites | 37621 |
may jointly purchase equipment, materials, and services from funds | 37622 |
provided under this appropriation for use by the network and, when | 37623 |
considered practical by the Department, may utilize the services | 37624 |
of appropriate state purchasing agencies. | 37625 |
ACADEMIC STANDARDS | 37626 |
Of the foregoing appropriation item 200-427, Academic | 37627 |
Standards, up to $747,912 in each fiscal year shall be used to | 37628 |
provide funds to school districts that have one or more teachers | 37629 |
participating in the teachers-on-loan program. | 37630 |
Of the foregoing appropriation item 200-427, Academic | 37631 |
Standards, $150,000 in each fiscal year shall be used by the | 37632 |
Department in combination with funding earmarked for this purpose | 37633 |
in the Board of Regents' budget under appropriation item 235-321, | 37634 |
Operating Expenses. Such funding shall be used to support Ohio's | 37635 |
Partnership for Continued Learning at the direction of the Office | 37636 |
of the Governor. Ohio's Partnership for Continued Learning | 37637 |
replaces and broadens the former Joint Council of the Department | 37638 |
of Education and the Board of Regents. The Partnership shall | 37639 |
advise and make recommendations to promote collaboration among | 37640 |
relevant state entities in an effort to help local communities | 37641 |
develop coherent and successful "P-16" learning systems. The | 37642 |
Governor, or the Governor's designee, shall serve as the | 37643 |
chairperson. | 37644 |
Of the foregoing appropriation item 200-427, Academic | 37645 |
Standards, $1,000,000 in each fiscal year shall be used for | 37646 |
Project Lead the Way leadership and management oversight and | 37647 |
initial and continuing support of Project Lead the Way workforce | 37648 |
development programs in participating school districts. Project | 37649 |
Lead the Way is a program that supports students interested in | 37650 |
pursuing engineering professions and stimulates growth of career | 37651 |
pathways that meet business and industry workforce needs. | 37652 |
Of the foregoing appropriation item 200-427, Academic | 37653 |
Standards, up to $2,600,000 in each fiscal year shall be used for | 37654 |
intensive teacher professional development institutes that focus | 37655 |
on classroom implementation of the mathematics standards. | 37656 |
Of the foregoing appropriation item 200-427, Academic | 37657 |
Standards, $200,000 in each fiscal year may be used to support the | 37658 |
Ohio Resource Center for Math and Science. | 37659 |
Of the foregoing appropriation item 200-427, Academic | 37660 |
Standards, up to $282,000 in each fiscal year shall be used for | 37661 |
the JASON Expedition project that provides statewide access to | 37662 |
JASON Expedition content. Funds shall be used to provide | 37663 |
professional development training for teachers participating in | 37664 |
the project, statewide management, and a seventy-five per cent | 37665 |
subsidy for statewide licensing of JASON Expedition content with | 37666 |
priority given to content aligned with state academic content | 37667 |
standards for approximately 90,000 middle school students | 37668 |
statewide. | 37669 |
Of the foregoing appropriation item 200-427, Academic | 37670 |
Standards, $285,000 in each fiscal year shall be used for the Ohio | 37671 |
Science Institute (OSCI). | 37672 |
The remainder of appropriation item 200-427, Academic | 37673 |
Standards, shall be used by the Department of Education to develop | 37674 |
and communicate to school districts academic content standards and | 37675 |
curriculum models. | 37676 |
Sec. 206.09.15. SCHOOL IMPROVEMENT INITIATIVES | 37677 |
Of the foregoing appropriation item 200-431, School | 37678 |
Improvement Initiatives, $300,000 in fiscal year 2006 and $450,000 | 37679 |
in fiscal year 2007 shall be used for Ohio's Rural Appalachian | 37680 |
Leadership Development Initiative. | 37681 |
Of the foregoing appropriation item 200-431, School | 37682 |
Improvement Initiatives, up to $601,165 in each fiscal year shall | 37683 |
be used by the Department of Education to contract with | 37684 |
educational media centers to provide Ohio public schools with | 37685 |
instructional resources and services with priority given to | 37686 |
resources and services aligned with state academic content | 37687 |
standards. | 37688 |
Of the foregoing appropriation item 200-431, School | 37689 |
Improvement Initiatives, up to $13,972,949 in fiscal year 2006 and | 37690 |
$13,672,678 in fiscal year 2007 shall be used to provide technical | 37691 |
assistance to school districts that are declared to be in a state | 37692 |
of academic watch or academic emergency under section 3302.03 of | 37693 |
the Revised Code, to provide support to districts in the | 37694 |
development and implementation of their continuous improvement | 37695 |
plans as required in section 3302.04 of the Revised Code, to | 37696 |
support a statewide comprehensive system of field relations that | 37697 |
support local educators' abilities to foster academic achievement | 37698 |
in the students they serve, and to provide technical assistance | 37699 |
and support in accordance with Title I of the "No Child Left | 37700 |
Behind Act of 2001," 115 Stat. 1425, 20 U.S.C. 6317. The field | 37701 |
relations system shall include training that assists educators, | 37702 |
school leadership, and technical assistance providers in | 37703 |
understanding and implementing standards-based education, data | 37704 |
analysis, and development of assessment systems for quality | 37705 |
instruction. | 37706 |
Of the foregoing appropriation item 200-431, School | 37707 |
Improvement Initiatives, up to $315,000 in each fiscal year shall | 37708 |
be used to reduce the dropout rate by addressing the academic and | 37709 |
social problems of inner-city students through Project GRAD. | 37710 |
Of the foregoing appropriation item 200-431, School | 37711 |
Improvement Initiatives, $1,574,535 in fiscal year 2006 and | 37712 |
$2,753,985 in fiscal year 2007 shall be used in conjunction with | 37713 |
funding provided in the Board of Regents' budget under | 37714 |
appropriation item 235-434, College Readiness and Access, to | 37715 |
create early college high schools, which are small, autonomous | 37716 |
schools that blend high school and college into a coherent | 37717 |
educational program. The funds shall be distributed according to | 37718 |
guidelines established by the Department of Education and the | 37719 |
Board of Regents. | 37720 |
Of the foregoing appropriation item 200-431, School | 37721 |
Improvement Initiatives, up to $2,935,000 in fiscal year 2006 and | 37722 |
up to $4,935,000 in fiscal year 2007 shall be used in partnership | 37723 |
with nonprofit groups with expertise in converting existing large | 37724 |
urban high schools into small, personalized high schools. | 37725 |
Districts eligible for such funding include the Urban 21 high | 37726 |
schools, as defined in division (O) of section 3317.02 of the | 37727 |
Revised Code as it existed prior to July 1, 1998. | 37728 |
Of the foregoing appropriation item 200-431, School | 37729 |
Improvement Initiatives, up to $65,000 in each fiscal year shall | 37730 |
be provided to Southern State Community College for the Pilot | 37731 |
Post-Secondary Enrollment Options Program with Miami Trace High | 37732 |
School. | 37733 |
Of the foregoing appropriation item 200-431, School | 37734 |
Improvement Initiatives, $1,000,000 in each fiscal year shall be | 37735 |
used to support Jobs for Ohio Graduates (JOG). The Department of | 37736 |
Education shall require a two-to-one match of local funding to | 37737 |
state funding before releasing these funds to JOG. | 37738 |
Of the foregoing appropriation item 200-431, School | 37739 |
Improvement Initiatives, $50,000 in each fiscal year shall be used | 37740 |
for the Big City Schools Program in Cincinnati. | 37741 |
Of the foregoing appropriation item 200-431, School | 37742 |
Improvement Initiatives, $1,000,000 shall be used in fiscal year | 37743 |
2006 to support Improved Solutions for Urban Students (ISUS) in | 37744 |
Dayton. | 37745 |
READING/WRITING IMPROVEMENT-PROFESSIONAL DEVELOPMENT | 37746 |
Of the foregoing appropriation item 200-433, Reading/Writing | 37747 |
Improvement-Professional Development, up to $9,790,000 in each | 37748 |
fiscal year shall be used for educator training in literacy for | 37749 |
classroom teachers, administrators, and literacy specialists. | 37750 |
Of the foregoing appropriation item 200-433, Reading/Writing | 37751 |
Improvement-Professional Development, up to $5,000,000 in each | 37752 |
fiscal year shall be used to support literacy professional | 37753 |
development partnerships between the Department of Education, | 37754 |
higher education institutions, literacy networks, and school | 37755 |
districts. | 37756 |
Of the foregoing appropriation item 200-433, Reading/Writing | 37757 |
Improvement–Professional Development, up to $900,000 in each | 37758 |
fiscal year shall be used by the Department of Education to fund | 37759 |
the Reading Recovery Training Network, to cover the cost of | 37760 |
release time for the teacher trainers, and to provide grants to | 37761 |
districts to implement other reading improvement programs on a | 37762 |
pilot basis. Funds from this set-aside also may be used to conduct | 37763 |
evaluations of the impact and effectiveness of Reading Recovery | 37764 |
and other reading improvement programs. | 37765 |
Of the foregoing appropriation item 200-433, Reading/Writing | 37766 |
Improvement-Professional Development, up to $250,000 in each | 37767 |
fiscal year shall be used for the Waterford Early Reading Program. | 37768 |
The remainder of appropriation item 200-433, Reading/Writing | 37769 |
Improvement-Professional Development, shall be used by the | 37770 |
Department of Education to provide administrative support of | 37771 |
literacy professional development programs. | 37772 |
STUDENT ASSESSMENT | 37773 |
The foregoing appropriation item 200-437, Student Assessment, | 37774 |
shall be used to develop, field test, print, distribute, score, | 37775 |
report results, and support other associated costs for the tests | 37776 |
required under sections 3301.0710 and 3301.0711 of the Revised | 37777 |
Code and for similar purposes as required by section 3301.27 of | 37778 |
the Revised Code. | 37779 |
ACCOUNTABILITY/REPORT CARDS | 37780 |
Of the foregoing appropriation item 200-439, | 37781 |
Accountability/Report Cards, up to $200,100 in fiscal year 2006 | 37782 |
and up to $3,778,540 in fiscal year 2007 shall be used by the | 37783 |
Department of Education to incorporate a statewide pilot | 37784 |
value-added progress dimension into performance ratings for school | 37785 |
districts and to train regional specialists. This funding shall be | 37786 |
used in consultation with a credible nonprofit organization with | 37787 |
expertise in value-added progress dimensions. | 37788 |
The remainder of the appropriation item 200-439, | 37789 |
Accountability/Report Cards, shall be used for the development of | 37790 |
an accountability system that includes the preparation and | 37791 |
distribution of school report cards under section 3302.03 of the | 37792 |
Revised Code. | 37793 |
CHILD CARE LICENSING | 37794 |
The foregoing appropriation item 200-442, Child Care | 37795 |
Licensing, shall be used by the Department of Education to license | 37796 |
and to inspect preschool and school-age child care programs under | 37797 |
sections 3301.52 to 3301.59 of the Revised Code. | 37798 |
OHIOREADS VOLUNTEER SUPPORT | 37799 |
The foregoing appropriation item 200-445, OhioReads Volunteer | 37800 |
Support, may be allocated by the Department of Education for | 37801 |
volunteer coordinators in public school buildings, for background | 37802 |
checks for volunteers, to evaluate programs, and to develop, | 37803 |
implement, and support literacy improvement activities and | 37804 |
interventions for students in grades kindergarten through twelve. | 37805 |
Sec. 206.09.21. PUPIL TRANSPORTATION | 37806 |
Of the foregoing appropriation item 200-502, Pupil | 37807 |
Transportation, up to $822,400 in each fiscal year may be used by | 37808 |
the Department of Education for training prospective and | 37809 |
experienced school bus drivers in accordance with training | 37810 |
programs prescribed by the Department. Up to $58,115,428 in fiscal | 37811 |
year 2006 and up to $59,277,737 in fiscal year 2007 may be used by | 37812 |
the Department of Education for special education transportation | 37813 |
reimbursements to school districts and county MR/DD boards for | 37814 |
transportation operating costs as provided in division | 37815 |
section 3317.024 of the Revised Code. The remainder of | 37816 |
appropriation item 200-502, Pupil Transportation, shall be used | 37817 |
for the state reimbursement of public school districts' costs in | 37818 |
transporting pupils to and from the school they attend in | 37819 |
accordance with the district's policy, State Board of Education | 37820 |
standards, and the Revised Code. | 37821 |
Notwithstanding the distribution formula outlined in division | 37822 |
(D) of section 3317.022 of the Revised Code, each school district | 37823 |
shall receive an additional two per cent in state funding for | 37824 |
transportation in fiscal year 2006 over what was received in | 37825 |
fiscal year 2005, and the local share of transportation costs that | 37826 |
is used in the calculation of the charge-off supplement and excess | 37827 |
cost supplement for each school district in fiscal year 2006 shall | 37828 |
be increased by two per cent from that used in calculations in | 37829 |
fiscal year 2005. | 37830 |
Notwithstanding the distribution formula outlined in division | 37831 |
(D) of section 3317.022 of the Revised Code, each school district | 37832 |
shall receive an additional two per cent in state funding for | 37833 |
transportation in fiscal year 2007 over what was received in | 37834 |
fiscal year 2006, and the local share of transportation costs that | 37835 |
is used in the calculation of the charge-off supplement and excess | 37836 |
cost supplement for each school district in fiscal year 2007 shall | 37837 |
be increased by two per cent from that used in calculations in | 37838 |
fiscal year 2006. | 37839 |
The Department of Education shall recommend a new formula for | 37840 |
allocating state funds for transportation costs. The Department | 37841 |
shall submit the recommendation to the Director of Budget and | 37842 |
Management, the Speaker of the House of Representatives, and the | 37843 |
President of the Senate not later than July 1, 2006. | 37844 |
School districts not receiving state funding for | 37845 |
transportation in fiscal year 2005 under division (D) of section | 37846 |
3317.022 of the Revised Code shall not receive state funding for | 37847 |
transportation in fiscal year 2006 or fiscal year 2007. | 37848 |
BUS PURCHASE ALLOWANCE | 37849 |
The foregoing appropriation item 200-503, Bus Purchase | 37850 |
Allowance, shall be distributed to school districts, educational | 37851 |
service centers, and county MR/DD boards pursuant to rules adopted | 37852 |
under section 3317.07 of the Revised Code. Up to 28 per cent of | 37853 |
the amount appropriated may be used to reimburse school districts | 37854 |
and educational service centers for the purchase of buses to | 37855 |
transport handicapped and nonpublic school students and to county | 37856 |
MR/DD boards, the Ohio School for the Deaf, and the Ohio School | 37857 |
for the Blind for the purchase of buses to transport handicapped | 37858 |
students. | 37859 |
SCHOOL LUNCH MATCH | 37860 |
The foregoing appropriation item 200-505, School Lunch Match, | 37861 |
shall be used to provide matching funds to obtain federal funds | 37862 |
for the school lunch program. | 37863 |
Sec. 206.09.27. GIFTED PUPIL PROGRAM | 37864 |
The foregoing appropriation item 200-521, Gifted Pupil | 37865 |
Program, shall be used for gifted education units not to exceed | 37866 |
1,110 in
each fiscal year under division | 37867 |
3317.024 and division (F) of section 3317.05 of the Revised Code. | 37868 |
Of the foregoing appropriation item 200-521, Gifted Pupil | 37869 |
Program, up to $4,700,000 in each fiscal year may be used as an | 37870 |
additional supplement for identifying gifted students under | 37871 |
Chapter 3324. of the Revised Code. | 37872 |
Of the foregoing appropriation item 200-521, Gifted Pupil | 37873 |
Program, the Department of Education may expend up to $940,000 in | 37874 |
each fiscal year for the Summer Honors Institute for gifted | 37875 |
freshman and sophomore high school students. Up to $65,800 in each | 37876 |
fiscal year shall be used for the Ohio Summer School for the | 37877 |
Gifted (Martin Essex Program). | 37878 |
NONPUBLIC ADMINISTRATIVE COST REIMBURSEMENT | 37879 |
The foregoing appropriation item 200-532, Nonpublic | 37880 |
Administrative Cost Reimbursement, shall be used by the Department | 37881 |
of Education for the purpose of implementing section 3317.063 of | 37882 |
the Revised Code. | 37883 |
Sec. 206.09.36. FOUNDATION FUNDING | 37884 |
The foregoing appropriation item 200-550, Foundation Funding, | 37885 |
includes $85,000,000 in each fiscal year for the state education | 37886 |
aid offset due to the change in public utility valuation as a | 37887 |
result of Am. Sub. S.B. 3 and Am. Sub. S.B. 287, both of the 123rd | 37888 |
General Assembly. This amount represents the total state education | 37889 |
aid offset due to the valuation change for school districts and | 37890 |
joint vocational school districts from all relevant appropriation | 37891 |
line item sources. Upon certification by the Department of | 37892 |
Education, in consultation with the Department of Taxation, to the | 37893 |
Director of Budget and Management of the actual state aid offset, | 37894 |
the cash transfer from | 37895 |
School District Property Tax Replacement - Utility, shall be | 37896 |
decreased or increased by the Director of Budget and Management to | 37897 |
match the certification in accordance with section 5727.84 of the | 37898 |
Revised Code. | 37899 |
Of the foregoing appropriation item 200-550, Foundation | 37900 |
Funding, up to $425,000 shall be expended in each fiscal year for | 37901 |
court payments under section 2151.357 of the Revised Code; an | 37902 |
amount shall be available in each fiscal year for the cost of | 37903 |
reappraisal guarantee under section 3317.04 of the Revised Code; | 37904 |
an amount shall be available in each fiscal year to fund up to 225 | 37905 |
full-time equivalent approved GRADS teacher grants under division | 37906 |
37907 | |
available in each fiscal year to make payments to school districts | 37908 |
under division (A)(3) of section 3317.022 of the Revised Code; an | 37909 |
amount shall be available in each fiscal year to make payments to | 37910 |
school districts under division (F) of section 3317.022 of the | 37911 |
Revised Code; an amount shall be available in each fiscal year to | 37912 |
make payments to school districts under division (C) of section | 37913 |
3317.0212 of the Revised Code; and up to $30,000,000 in each | 37914 |
fiscal year shall be reserved for payments under sections | 37915 |
3317.026, 3317.027, and 3317.028 of the Revised Code except that | 37916 |
the Controlling Board may increase the $30,000,000 amount if | 37917 |
presented with such a request from the Department of Education. Of | 37918 |
the foregoing appropriation item 200-550, Foundation Funding, up | 37919 |
to $18,000,000 in fiscal year 2006 and up to $19,000,000 in fiscal | 37920 |
year 2007 shall be used to provide additional state aid to school | 37921 |
districts for special education students under division (C)(3) of | 37922 |
section 3317.022 of the Revised Code; up to $2,000,000 in each | 37923 |
fiscal year shall be reserved for Youth Services tuition payments | 37924 |
under section 3317.024 of the Revised Code; and up to $52,000,000 | 37925 |
in each fiscal year shall be reserved to fund the state | 37926 |
reimbursement of educational service centers under section 3317.11 | 37927 |
of the Revised Code and the section of this act entitled | 37928 |
"EDUCATIONAL SERVICE CENTERS FUNDING." An amount shall be | 37929 |
available for special education weighted funding under division | 37930 |
(C)(1) of section 3317.022 and division (D)(1) of section 3317.16 | 37931 |
of the Revised Code. | 37932 |
Of the foregoing appropriation item 200-550, Foundation | 37933 |
Funding, an amount shall be available in each fiscal year to be | 37934 |
used by the Department of Education for transitional aid for | 37935 |
school districts and joint vocational school districts. Funds | 37936 |
shall be distributed under the sections of this act entitled | 37937 |
"TRANSITIONAL AID FOR CITY, LOCAL, AND EXEMPTED VILLAGE SCHOOL | 37938 |
DISTRICTS" | 37939 |
DISTRICTS." | 37940 |
Of the foregoing appropriation item 200-550, Foundation | 37941 |
Funding, up to $1,000,000 in each fiscal year shall be used by the | 37942 |
Department of Education for a program to pay for educational | 37943 |
services for youth who have been assigned by a juvenile court or | 37944 |
other authorized agency to any of the facilities described in | 37945 |
division (A) of the section of this act entitled "PRIVATE | 37946 |
TREATMENT FACILITY PROJECT." | 37947 |
Of the foregoing appropriation item 200-550, Foundation | 37948 |
Funding, up to $3,700,000 in each fiscal year shall be used for | 37949 |
school breakfast programs. Of this amount, up to $900,000 shall be | 37950 |
used in each fiscal year by the Department of Education to | 37951 |
contract with the Children's Hunger Alliance to expand access to | 37952 |
child nutrition programs consistent with the organization's | 37953 |
continued ability to meet specified performance measures as | 37954 |
detailed in the contract. Of this amount, the Children's Hunger | 37955 |
Alliance shall use at least $150,000 in each fiscal year to | 37956 |
subcontract with an appropriate organization or organizations to | 37957 |
expand summer food participation in underserved areas of the | 37958 |
state, consistent with those organizations' continued ability to | 37959 |
meet specified performance measures as detailed in the | 37960 |
subcontracts. The remainder of the appropriation shall be used to | 37961 |
partially reimburse school buildings within school districts that | 37962 |
are required to have a school breakfast program under section | 37963 |
3313.813 of the Revised Code, at a rate decided by the Department. | 37964 |
Of the foregoing appropriation item 200-550, Foundation | 37965 |
Funding, up to $8,800,000 in fiscal year 2006 and up to $8,600,000 | 37966 |
in fiscal year 2007 shall be used to operate the school choice | 37967 |
program in the Cleveland Municipal School District under sections | 37968 |
3313.974 to 3313.979 of the Revised Code. | 37969 |
Of the portion of the funds distributed to the Cleveland | 37970 |
Municipal School District under this section, up to $10,401,887 in | 37971 |
fiscal year 2006 and up to $11,901,887 in fiscal year 2007 shall | 37972 |
be used to operate the school choice program in the Cleveland | 37973 |
Municipal School District under sections 3313.974 to 3313.979 of | 37974 |
the Revised Code. | 37975 |
The remaining portion of appropriation item 200-550, | 37976 |
Foundation Funding, shall be expended for the public schools of | 37977 |
city, local, exempted village, and joint vocational school | 37978 |
districts, including base-cost funding, special education speech | 37979 |
service enhancement funding, career-technical education weight | 37980 |
funding, career-technical education associated service funding, | 37981 |
guarantee funding, teacher training and experience funding, | 37982 |
poverty-based assistance, parity aid, charge-off supplement, and | 37983 |
excess cost supplement under sections 3317.022, 3317.023, | 37984 |
3317.029, 3317.0212, 3317.0216, 3317.0217, and 3317.16 of the | 37985 |
Revised Code. | 37986 |
Appropriation items 200-502, Pupil Transportation, 200-521, | 37987 |
Gifted Pupil Program, 200-540, Special Education Enhancements, and | 37988 |
200-550, Foundation Funding, other than specific set-asides, are | 37989 |
collectively used in each fiscal year to pay state formula aid | 37990 |
obligations for school districts and joint vocational school | 37991 |
districts under Chapter 3317. of the Revised Code. The first | 37992 |
priority of these appropriation items, with the exception of | 37993 |
specific set-asides, is to fund state formula aid obligations | 37994 |
under Chapter 3317. of the Revised Code. It may be necessary to | 37995 |
reallocate funds among these appropriation items or use excess | 37996 |
funds from other general revenue fund appropriation items in the | 37997 |
Department of Education's budget in each fiscal year, in order to | 37998 |
meet state formula aid obligations. If it is determined that it is | 37999 |
necessary to transfer funds among these appropriation items or to | 38000 |
transfer funds from other General Revenue Fund appropriations in | 38001 |
the Department of Education's budget to meet state formula aid | 38002 |
obligations, the Department of Education shall seek approval from | 38003 |
the Controlling Board to transfer funds as needed. | 38004 |
Sec. 206.09.39. TRANSITIONAL AID FOR CITY, LOCAL, AND | 38005 |
EXEMPTED VILLAGE SCHOOL DISTRICTS | 38006 |
(A) The Department of Education shall distribute funds within | 38007 |
appropriation item 200-550, Foundation Funding, for transitional | 38008 |
aid in each fiscal year to each qualifying city, local, and | 38009 |
exempted village school district. | 38010 |
In fiscal years 2006 and 2007, the Department shall pay | 38011 |
transitional aid to each city, local, or exempted village school | 38012 |
district that experiences any decrease in its SF-3 funding plus | 38013 |
charge-off supplement for the current fiscal year from its SF-3 | 38014 |
funding plus charge-off supplement for the previous fiscal year. | 38015 |
The amount of the transitional aid payment shall equal the | 38016 |
difference between the district's SF-3 funding plus charge-off | 38017 |
supplement for the current fiscal year and its SF-3 funding plus | 38018 |
charge-off supplement for the previous fiscal year. | 38019 |
(B)(1) Subject to divisions (B)(2) and (3) of this section, | 38020 |
the "SF-3 funding plus charge-off supplement" for each city, | 38021 |
local, and exempted village school district in fiscal years 2006 | 38022 |
and 2007 equals the sum of the following: | 38023 |
(a) Base-cost funding under division (A) of section 3317.022 | 38024 |
of the Revised Code; | 38025 |
(b) Special education and related services additional | 38026 |
weighted funding under division (C)(1) of section 3317.022 of the | 38027 |
Revised Code; | 38028 |
(c) Speech services funding under division (C)(4) of section | 38029 |
3317.022 of the Revised Code; | 38030 |
(d) Vocational education additional weighted funding under | 38031 |
division (E) of section 3317.022 of the Revised Code; | 38032 |
(e) GRADS funding under division | 38033 |
of the Revised Code; | 38034 |
(f) Adjustments for classroom teachers and educational | 38035 |
service personnel under divisions (B), (C), and (D) of section | 38036 |
3317.023 of the Revised Code; | 38037 |
(g) Poverty-Based Assistance under section 3317.029 of the | 38038 |
Revised Code; | 38039 |
(h) Gifted education units under section 3317.05 of the | 38040 |
Revised Code; | 38041 |
(i) Transportation under the section of this act entitled | 38042 |
"PUPIL TRANSPORTATION"; | 38043 |
(j) The excess cost supplement under division (F) of section | 38044 |
3317.022 of the Revised Code; | 38045 |
(k) Parity aid under section 3317.0217 of the Revised Code; | 38046 |
(l) The reappraisal guarantee under division (C) of section | 38047 |
3317.04 of the Revised Code; | 38048 |
(m) The charge-off supplement under section 3317.0216 of the | 38049 |
Revised Code. | 38050 |
(2) For purposes of calculating transitional aid in fiscal | 38051 |
year 2006, a district's fiscal year 2005 SF-3 funding plus | 38052 |
charge-off supplement is the difference of (a) the sum of the | 38053 |
amounts described in divisions (A) to (O) of Section 41.37 of Am. | 38054 |
Sub. H.B. 95 of the 125th General Assembly, as amended, plus any | 38055 |
transitional aid paid to the district under that section, that the | 38056 |
district actually received in fiscal year 2005 minus (b) the | 38057 |
amount of parity aid and the amount of disadvantaged pupil impact | 38058 |
aid deducted that year under division (C)(6) of section 3314.08 of | 38059 |
the Revised Code, as that section existed that year, and Section | 38060 |
16 of Am. Sub. S.B. 2 of the 125th General Assembly on behalf of | 38061 |
students entitled to attend school in the district who were | 38062 |
enrolled in Internet- and computer-based community schools. For | 38063 |
purposes of calculating transitional aid in fiscal year 2007, a | 38064 |
district's fiscal year 2006 SF-3 funding plus charge-off | 38065 |
supplement is the sum of the amounts described in divisions | 38066 |
(B)(1)(a) to (n) of this section, plus any transitional aid paid | 38067 |
to the district under this section, that the district actually | 38068 |
received in fiscal year 2006. | 38069 |
(3) The SF-3 funding plus charge-off supplement in each | 38070 |
fiscal year for each district is the sum of the amounts specified | 38071 |
in divisions (B)(1)(a) to (n) and (B)(2) of this section less any | 38072 |
general revenue fund spending reductions ordered by the Governor | 38073 |
under section 126.05 of the Revised Code. | 38074 |
(C)(1) When calculating the reappraisal guarantee under | 38075 |
division (C) or (D) of section 3317.04 of the Revised Code in | 38076 |
fiscal year 2006, the Department shall: | 38077 |
(a) Include in a school district's fiscal year 2005 payments | 38078 |
any transitional aid paid to the district in fiscal year 2005 | 38079 |
under Section 41.37 of Am. Sub. H.B. 95 of the 125th General | 38080 |
Assembly, as amended; | 38081 |
(b) Subtract from a school district's fiscal year 2005 | 38082 |
payments the amount of parity aid and the amount of disadvantaged | 38083 |
pupil impact aid deducted that year under division (C)(6) of | 38084 |
section 3314.08 of the Revised Code, as that section existed that | 38085 |
year, and Section 16 of Am. Sub. S.B. 2 of the 125th General | 38086 |
Assembly on behalf of students entitled to attend school in the | 38087 |
district who were enrolled in Internet- and computer-based | 38088 |
community schools. | 38089 |
(2) When calculating the reappraisal guarantee under division | 38090 |
(C) or (D) of section 3317.04 of the Revised Code in fiscal year | 38091 |
2007, the Department shall include in a school district's fiscal | 38092 |
year 2006 payments any transitional aid paid to the district in | 38093 |
fiscal year 2006 under this section. | 38094 |
(3) When calculating the reappraisal guarantee under division | 38095 |
(C) or (D) of section 3317.04 of the Revised Code in fiscal year | 38096 |
2008, the Department shall include in a school district's fiscal | 38097 |
year 2007 payments any transitional aid paid to the district in | 38098 |
fiscal year 2007 under this section. | 38099 |
Sec. 206.09.42. TRANSITIONAL AID FOR JOINT VOCATIONAL SCHOOL | 38100 |
DISTRICTS | 38101 |
(A) The Department of Education shall distribute funds within | 38102 |
appropriation item 200-550, Foundation Funding, for transitional | 38103 |
aid in each fiscal year to each joint vocational school district | 38104 |
that experiences a decrease in its joint vocational funding for | 38105 |
the current fiscal year from the previous fiscal year. The | 38106 |
Department shall distribute to each such district transitional aid | 38107 |
in an amount equal to the decrease in the district's joint | 38108 |
vocational funding from the previous fiscal year. | 38109 |
(B)(1) Subject to divisions (B)(2) and (3) of this section, a | 38110 |
district's joint vocational funding equals the sum of the | 38111 |
following: | 38112 |
(a) Base-cost funding under division (B) of section 3317.16 | 38113 |
of the Revised Code; | 38114 |
(b) Special education and related services additional | 38115 |
weighted funding under division (D)(1) of section 3317.16 of the | 38116 |
Revised Code; | 38117 |
(c) Speech services funding under division (D)(2) of section | 38118 |
3317.16 of the Revised Code; | 38119 |
(d) Vocational education additional weighted funding under | 38120 |
division (C) of section 3317.16 of the Revised Code; | 38121 |
(e) GRADS funding under division | 38122 |
of the Revised Code; | 38123 |
(f) The state aid guarantee under division (H) of section | 38124 |
3317.16 of the Revised Code. | 38125 |
(2) For purposes of calculating transitional aid in fiscal | 38126 |
year 2007, a district's fiscal year 2006 joint vocational funding | 38127 |
is the sum of the amounts described in divisions (B)(1)(a) to (f) | 38128 |
of this section, plus any transitional aid paid to the district | 38129 |
under this section, that the district actually received in fiscal | 38130 |
year 2006. | 38131 |
(3) The joint vocational funding in each fiscal year for each | 38132 |
district is the sum of the amounts specified in divisions | 38133 |
(B)(1)(a) to (f) and (B)(2) of this section less any general | 38134 |
revenue fund spending reductions ordered by the Governor under | 38135 |
section 126.05 of the Revised Code. | 38136 |
EMERGENCY LOAN INTEREST SUBSIDY | 38137 |
The foregoing appropriation item 200-558, Emergency Loan | 38138 |
Interest Subsidy, shall be used to provide a subsidy to school | 38139 |
districts receiving emergency school loans pursuant to section | 38140 |
3313.484 of the Revised Code. The subsidy shall be used to pay | 38141 |
these districts the difference between the amount of interest the | 38142 |
district is paying on an emergency loan, and the interest that the | 38143 |
district would have paid if the interest rate on the loan had been | 38144 |
two per cent. | 38145 |
* Sec. 206.09.66. DISTRIBUTION FORMULAS | 38146 |
The Department of Education shall report the following to the | 38147 |
Director of Budget and Management | 38148 |
38149 |
(A) Changes in formulas for distributing state | 38150 |
appropriations, including administratively defined formula | 38151 |
factors; | 38152 |
(B) Discretionary changes in formulas for distributing | 38153 |
federal appropriations; | 38154 |
(C) Federally mandated changes in formulas for distributing | 38155 |
federal appropriations. | 38156 |
Any such changes shall be reported two weeks prior to the | 38157 |
effective date of the change. | 38158 |
Sec. 206.09.84. (A) As used in this section: | 38159 |
(1) "Entitled to attend school" means entitled to attend | 38160 |
school in a school district under section 3313.64 | 38161 |
of the Revised Code. | 38162 |
(2) "Formula ADM" and "category six special education ADM" | 38163 |
have the same meanings as in section 3317.02 of the Revised Code. | 38164 |
(3) "Individualized education program" has the same meaning | 38165 |
as in section 3323.01 of the Revised Code. | 38166 |
(4) "Parent" has the same meaning as in section 3313.64 of | 38167 |
the Revised Code. | 38168 |
(5) "Qualified special education child" is a child for whom | 38169 |
all of the following conditions apply: | 38170 |
(a) The school district in which the child is entitled to | 38171 |
attend school has identified the child as autistic. A child who | 38172 |
has been identified as having a "pervasive developmental disorder | 38173 |
- not otherwise specified (PPD-NOS)" shall be considered to be an | 38174 |
autistic child for purposes of this section. | 38175 |
(b) The school district in which the child is entitled to | 38176 |
attend school has developed an individualized education program | 38177 |
under Chapter 3323. of the Revised Code for the child. | 38178 |
(c) The child either: | 38179 |
(i) Was enrolled in the school district in which the child is | 38180 |
entitled to attend school in any grade from preschool through | 38181 |
twelve in the school year prior to the year in which a scholarship | 38182 |
under this section is first sought for the child; or | 38183 |
(ii) Is eligible to enter school in any grade preschool | 38184 |
through twelve in the school district in which the child is | 38185 |
entitled to attend school in the school year in which a | 38186 |
scholarship under this section is first sought for the child. | 38187 |
(6) "Registered private provider" means a nonpublic school or | 38188 |
other nonpublic entity that has been approved by the Department of | 38189 |
Education to participate in the program established under this | 38190 |
section. | 38191 |
(B) There is hereby established the Pilot Project Special | 38192 |
Education Scholarship Program. Under the program, in fiscal years | 38193 |
2006 and 2007, the Department of Education shall pay a scholarship | 38194 |
to the parent of each qualified special education child upon | 38195 |
application of that parent pursuant to procedures and deadlines | 38196 |
established by rule of the State Board of Education. Each | 38197 |
scholarship shall be used only to pay tuition for the child on | 38198 |
whose behalf the scholarship is awarded to attend a special | 38199 |
education program that implements the child's individualized | 38200 |
education program and that is operated by a school district other | 38201 |
than the school district in which the child is entitled to attend | 38202 |
school, by another public entity, or by a registered private | 38203 |
provider. Each scholarship shall be in an amount not to exceed the | 38204 |
lesser of the tuition charged for the child by the special | 38205 |
education program or twenty thousand dollars. The purpose of the | 38206 |
scholarship is to permit the parent of a qualified special | 38207 |
education child the choice to send the child to a special | 38208 |
education program, instead of the one operated by or for the | 38209 |
school district in which the child is entitled to attend school, | 38210 |
to receive the services prescribed in the child's individualized | 38211 |
education program once the individualized education program is | 38212 |
finalized. A scholarship under this section shall not be awarded | 38213 |
to the parent of a child while the child's individualized | 38214 |
education program is being developed by the school district in | 38215 |
which the child is entitled to attend school, or while any | 38216 |
administrative or judicial mediation or proceedings with respect | 38217 |
to the content of the child's individualized education program are | 38218 |
pending. A scholarship under this section shall not be used for a | 38219 |
child to attend a public special education program that operates | 38220 |
under a contract, compact, or other bilateral agreement between | 38221 |
the school district in which the child is entitled to attend | 38222 |
school and another school district or other public provider, or | 38223 |
for a child to attend a community school established under Chapter | 38224 |
3314. of the Revised Code. However, nothing in this section or in | 38225 |
any rule adopted by the State Board of Education shall prohibit a | 38226 |
parent whose child attends a public special education program | 38227 |
under a contract, compact, or other bilateral agreement, or a | 38228 |
parent whose child attends a community school, from applying for | 38229 |
and accepting a scholarship under this section so that the parent | 38230 |
may withdraw the child from that program or community school and | 38231 |
use the scholarship for the child to attend a special education | 38232 |
program for which the parent is required to pay for services for | 38233 |
the child. A child attending a special education program with a | 38234 |
scholarship under this section shall continue to be entitled to | 38235 |
transportation to and from that program in the manner prescribed | 38236 |
by law. | 38237 |
(C)(1) Notwithstanding anything to the contrary in the | 38238 |
Revised Code, a child for whom a scholarship is awarded under this | 38239 |
section shall be counted in the formula ADM and the category six | 38240 |
special education ADM of the district in which the child is | 38241 |
entitled to attend school and not in the formula ADM and the | 38242 |
category six special education ADM of any other school district. | 38243 |
(2) In each fiscal year, the Department shall deduct from the | 38244 |
amounts paid to each school district under Chapter 3317. of the | 38245 |
Revised Code, and, if necessary, sections 321.24 and 323.156 of | 38246 |
the Revised Code, the aggregate amount of scholarships awarded | 38247 |
under this section for qualified special education children | 38248 |
included in the formula ADM and category six special education ADM | 38249 |
of that school district as provided in division (C)(1) of this | 38250 |
section. The scholarships deducted shall be considered as an | 38251 |
approved special education and related services expense for the | 38252 |
purpose of the school district's compliance with division (C)(5) | 38253 |
of section 3317.022 of the Revised Code. | 38254 |
(3) From time to time, the Department shall make a payment to | 38255 |
the parent of each qualified special education child for whom a | 38256 |
scholarship has been awarded under this section. The scholarship | 38257 |
amount shall be proportionately reduced in the case of any such | 38258 |
child who is not enrolled in the special education program for | 38259 |
which a scholarship was awarded under this section for the entire | 38260 |
school year. The Department shall make no payments to the parent | 38261 |
of a child while any administrative or judicial mediation or | 38262 |
proceedings with respect to the content of the child's | 38263 |
individualized education program are pending. | 38264 |
(D) A scholarship shall not be paid to a parent for payment | 38265 |
of tuition owed to a nonpublic entity unless that entity is a | 38266 |
registered private provider. The Department shall approve entities | 38267 |
that meet the standards established by rule of the State Board for | 38268 |
the program established under this section. | 38269 |
(E) The State Board shall adopt rules under Chapter 119. of | 38270 |
the Revised Code prescribing procedures necessary to implement | 38271 |
this section, including, but not limited to, procedures and | 38272 |
deadlines for parents to apply for scholarships, standards for | 38273 |
registered private providers, and procedures for approval of | 38274 |
entities as registered private providers. The Board shall adopt | 38275 |
the rules so that the program established under this section is | 38276 |
operational by January 1, 2004. | 38277 |
Sec. 206.16. FUN STATE BOARD OF EMBALMERS AND FUNERAL | 38278 |
DIRECTORS | 38279 |
General Services Fund Group | 38280 |
4K9 | 881-609 | Operating Expenses | $ | 598,933 | $ | 38281 | |||||
TOTAL GSF General Services | 38282 | ||||||||||
Fund Group | $ | 598,933 | $ | 38283 | |||||||
TOTAL ALL BUDGET FUND GROUPS | $ | 598,933 | $ | 38284 |
Sec. 206.48. SPA COMMISSION ON HISPANIC/LATINO AFFAIRS | 38286 |
General Revenue Fund | 38287 |
GRF | 148-100 | Personal Services | $ | 145,880 | $ | 145,880 | 38288 | ||||
GRF | 148-200 | Maintenance | $ | 35,901 | $ | 35,901 | 38289 | ||||
TOTAL GRF General Revenue Fund | $ | 181,781 | $ | 181,781 | 38290 |
General Services Fund Group | 38291 |
601 | 148-602 | Gifts and Miscellaneous | $ | 20,000 | $ | 20,000 | 38292 | ||||
TOTAL GSF General Services | 38293 | ||||||||||
Fund Group | $ | 20,000 | $ | 20,000 | 38294 | ||||||
TOTAL ALL BUDGET FUND GROUPS | $ | 201,781 | $ | 201,781 | 38295 |
GRF TRANSFER TO FUND 601, GIFTS AND MISCELLANEOUS | 38296 |
Prior to June 30, 2006, the Director of Budget and Management | 38297 |
may transfer $5,850 in cash from the General Revenue Fund to Fund | 38298 |
601, Gifts and Miscellaneous Fund. | 38299 |
Sec. 206.66. JFS DEPARTMENT OF JOB AND FAMILY SERVICES | 38300 |
General Revenue Fund | 38301 |
GRF | 600-321 | Support Services | 38302 | ||||||||
State | $ | 63,797,907 | $ | 60,565,397 | 38303 | ||||||
Federal | $ | 8,114,493 | $ | 8,454,541 | 38304 | ||||||
Support Services Total | $ | 71,912,400 | $ | 69,019,938 | 38305 | ||||||
GRF | 600-410 | TANF State | $ | 272,619,061 | $ | 272,619,061 | 38306 | ||||
GRF | 600-413 | Child Care Match/Maintenance of Effort | $ | 84,120,596 | $ | 84,120,596 | 38307 | ||||
GRF | 600-416 | Computer Projects | 38308 | ||||||||
State | $ | 114,516,710 | $ | 117,226,021 | 38309 | ||||||
Federal | $ | 37,579,198 | $ | 34,255,465 | 38310 | ||||||
Computer Projects Total | $ | 152,095,908 | $ | 151,481,486 | 38311 | ||||||
GRF | 600-420 | Child Support Administration | $ | 5,091,446 | $ | 5,091,446 | 38312 | ||||
GRF | 600-421 | Office of Family Stability | $ | 4,864,932 | $ | 4,864,932 | 38313 | ||||
GRF | 600-423 | Office of Children and Families | $ | 5,408,020 | $ | 5,431,690 | 38314 | ||||
GRF | 600-425 | Office of Ohio Health Plans | 38315 | ||||||||
State | $ | 24,803,631 | $ | 24,054,873 | 38316 | ||||||
Federal | $ | 26,539,544 | $ | 25,810,409 | 38317 | ||||||
Office of Ohio Health Plans Total | $ | 51,343,175 | $ | 49,865,282 | 38318 | ||||||
GRF | 600-502 | Child Support Match | $ | 16,814,103 | $ | 16,814,103 | 38319 | ||||
GRF | 600-511 | Disability Financial Assistance | $ | 22,839,371 | $ | 22,839,371 | 38320 | ||||
GRF | 600-512 | Non-TANF Disaster Assistance | $ | 1,000,000 | $ | 1,000,000 | 38321 | ||||
GRF | 600-513 | Disability Medical Assistance | $ | $ | 38322 | ||||||
GRF | 600-521 | Entitlement Administration - Local | $ | 151,206,401 | $ | 151,206,401 | 38323 | ||||
GRF | 600-523 | Children and Families Subsidy | $ | 69,438,543 | $ | 69,438,543 | 38324 | ||||
GRF | 600-525 | Health Care/Medicaid | 38325 | ||||||||
State | $ | 3,751,848,959 | $ | 38326 | |||||||
Federal | $ | 5,612,109,788 | $ | 38327 | |||||||
Health Care Total | $ | 9,363,958,747 | $ | 38328 | |||||||
GRF | 600-526 | Medicare Part D | $ | 155,349,266 | $ | 339,578,325 | 38329 | ||||
GRF | 600-528 | Adoption Services | 38330 | ||||||||
State | $ | 33,698,298 | $ | 35,516,130 | 38331 | ||||||
Federal | $ | 40,331,807 | $ | 43,022,485 | 38332 | ||||||
Adoption Services Total | $ | 74,030,105 | $ | 78,538,615 | 38333 | ||||||
GRF | 600-529 | Capital Compensation Program | $ | 0 | $ | 10,000,000 | 38334 | ||||
TOTAL GRF General Revenue Fund | 38335 | ||||||||||
State | $ | $ | 38336 | ||||||||
Federal | $ | $ | 38337 | ||||||||
GRF Total | $ | $ | 38338 |
General Services Fund Group | 38339 |
4A8 | 600-658 | Child Support Collections | $ | 26,680,794 | $ | 26,680,794 | 38340 | ||||
4R4 | 600-665 | BCII Services/Fees | $ | 36,974 | $ | 36,974 | 38341 | ||||
5C9 | 600-671 | Medicaid Program Support | $ | 73,015,021 | $ | 63,947,536 | 38342 | ||||
5N1 | 600-677 | County Technologies | $ | 1,000,000 | $ | 1,000,000 | 38343 | ||||
613 | 600-645 | Training Activities | $ | 135,000 | $ | 135,000 | 38344 | ||||
TOTAL GSF General Services | 38345 | ||||||||||
Fund Group | $ | 100,867,789 | $ | 91,800,304 | 38346 |
Federal Special Revenue Fund Group | 38347 |
3AW | 600-675 | Faith Based Initiatives | $ | 750,000 | $ | 750,000 | 38348 | ||||
3A2 | 600-641 | Emergency Food Distribution | $ | 2,600,000 | $ | 2,800,000 | 38349 | ||||
600-635 | Children's Hospitals - Federal | $ | 9,000,000 | $ | 9,000,000 | 38350 | |||||
3D3 | 600-648 | Children's Trust Fund Federal | $ | 2,040,524 | $ | 2,040,524 | 38351 | ||||
3F0 | 600-623 | Health Care Federal | $ | 616,011,784 | $ | 38352 | |||||
3F0 | 600-650 | Hospital Care Assurance Match | $ | 343,239,047 | $ | 343,239,047 | 38353 | ||||
3G5 | 600-655 | Interagency Reimbursement | $ | 1,364,802,369 | $ | 1,426,954,440 | 38354 | ||||
3H7 | 600-617 | Child Care Federal | $ | 208,000,000 | $ | 208,000,000 | 38355 | ||||
3N0 | 600-628 | IV-E Foster Care Maintenance | $ | 153,963,142 | $ | 153,963,142 | 38356 | ||||
3S5 | 600-622 | Child Support Projects | $ | 534,050 | $ | 534,050 | 38357 | ||||
3V0 | 600-688 | Workforce Investment Act | $ | 208,322,037 | $ | 208,097,948 | 38358 | ||||
3V4 | 600-678 | Federal Unemployment Programs | $ | 153,435,545 | $ | 157,202,750 | 38359 | ||||
3V4 | 600-679 | Unemployment Compensation Review Commission - Federal | $ | 3,829,430 | $ | 3,800,573 | 38360 | ||||
3V6 | 600-689 | TANF Block Grant | $ | 767,104,142 | $ | 792,483,200 | 38361 | ||||
3W3 | 600-659 | TANF/Title XX Transfer | $ | 8,000,000 | $ | 5,400,000 | 38362 | ||||
327 | 600-606 | Child Welfare | $ | 33,160,190 | $ | 33,090,786 | 38363 | ||||
331 | 600-686 | Federal Operating | $ | 43,966,134 | $ | 44,929,546 | 38364 | ||||
384 | 600-610 | Food Stamps and State Administration | $ | 188,238,706 | $ | 181,250,799 | 38365 | ||||
385 | 600-614 | Refugee Services | $ | 6,083,829 | $ | 6,542,439 | 38366 | ||||
395 | 600-616 | Special Activities/Child and Family Services | $ | 4,567,112 | $ | 4,564,877 | 38367 | ||||
396 | 600-620 | Social Services Block Grant | $ | 120,993,012 | $ | 121,004,222 | 38368 | ||||
397 | 600-626 | Child Support | $ | 287,468,576 | $ | 287,468,576 | 38369 | ||||
398 | 600-627 | Adoption Maintenance/ Administration | $ | 314,639,519 | $ | 314,639,519 | 38370 | ||||
TOTAL FED Federal Special Revenue | 38371 | ||||||||||
Fund Group | $ | 4,840,749,148 | $ | 38372 |
State Special Revenue Fund Group | 38373 |
198 | 600-647 | Children's Trust Fund | $ | 6,788,522 | $ | 6,788,522 | 38374 | ||||
4A9 | 600-607 | Unemployment Compensation Administration Fund | $ | 10,811,527 | $ | 10,811,527 | 38375 | ||||
4A9 | 600-694 | Unemployment Compensation Review Commission | $ | 3,188,473 | $ | 3,188,473 | 38376 | ||||
4E3 | 600-605 | Nursing Home Assessments | $ | 4,759,914 | $ | 4,759,914 | 38377 | ||||
4E7 | 600-604 | Child and Family Services Collections | $ | 1,237,500 | $ | 300,000 | 38378 | ||||
4F1 | 600-609 | Foundation Grants/Child and Family Services | $ | 61,420 | $ | 61,420 | 38379 | ||||
4J5 | 600-613 | Nursing Facility Bed Assessments | $ | 34,613,984 | $ | 34,613,984 | 38380 | ||||
4J5 | 600-618 | Residential State Supplement Payments | $ | 15,700,000 | $ | 15,700,000 | 38381 | ||||
4K1 | 600-621 | ICF/MR Bed Assessments | $ | 20,074,255 | $ | 20,064,131 | 38382 | ||||
4R3 | 600-687 | Banking Fees | $ | 800,000 | $ | 800,000 | 38383 | ||||
4Z1 | 600-625 | HealthCare Compliance | $ | 10,000,000 | $ | 10,000,000 | 38384 | ||||
5AA | 600-673 | Ohio's Best Rx Administration | $ | 5,000,000 | $ | 5,000,000 | 38385 | ||||
5AX | 600-697 | Public Assistance Reconciliation | $ | 60,000,000 | $ | 0 | 38386 | ||||
5BE | 600-693 | Child Support Operating | $ | 5,000,000 | $ | 5,000,000 | 38387 | ||||
5BG | 600-653 | Managed Care Assessment | $ | 18,795,483 | $ | 99,410,121 | 38388 | ||||
5CR | 600-636 | Children's Hospitals - State | $ | 6,000,000 | $ | 6,000,000 | 38389 | ||||
5DB | 600-637 | Military Injury Grants | $ | 0 | $ | 2,000,000 | 38390 | ||||
5DL | 600-639 | Medicaid Revenue and Collections | $ | 0 | $ | 56,927,358 | 38391 | ||||
5F2 | 600-667 | Building Consolidation | $ | 250,000 | $ | 250,000 | 38392 | ||||
5F3 | 600-668 | Building Consolidation | $ | 1,000,000 | $ | 1,000,000 | 38393 | ||||
5P5 | 600-692 | $ | 828,587,776 | $ | 38394 | ||||||
5Q9 | 600-619 | Supplemental Inpatient Hospital Payments | $ | 56,125,998 | $ | 56,125,998 | 38395 | ||||
5R2 | 600-608 | Medicaid-Nursing Facilities | $ | 160,192,055 | $ | 176,63 2,090 | 38396 | ||||
5S3 | 600-629 | MR/DD Medicaid Administration and Oversight | $ | 1,620,960 | $ | 1,620,960 | 38397 | ||||
5U3 | 600-654 | Health Care Services Administration | $ | 10,115,870 | $ | 15,474,709 | 38398 | ||||
5U6 | 600-663 | Children and Family Support | $ | 4,929,717 | $ | 4,929,717 | 38399 | ||||
5Z9 | 600-672 | TANF Quality Control Reinvestments | $ | 647,409 | $ | 688,421 | 38400 | ||||
651 | 600-649 | Hospital Care Assurance Program Fund | $ | 231,893,404 | $ | 231,893,404 | 38401 | ||||
TOTAL SSR State Special Revenue | 38402 | ||||||||||
Fund Group | $ | 1,498,194,267 | $ | 38403 |
Agency Fund Group | 38404 |
192 | 600-646 | Support Intercept - Federal | $ | 110,000,000 | $ | 110,000,000 | 38405 | ||||
5B6 | 600-601 | Food Stamp Intercept | $ | 2,000,000 | $ | 2,000,000 | 38406 | ||||
583 | 600-642 | Support Intercept - State | $ | 16,000,000 | $ | 16,000,000 | 38407 | ||||
TOTAL AGY Agency Fund Group | $ | 128,000,000 | $ | 128,000,000 | 38408 |
Holding Account Redistribution Fund Group | 38409 |
R12 | 600-643 | Refunds and Audit Settlements | $ | 3,600,000 | $ | 3,600,000 | 38410 | ||||
R13 | 600-644 | Forgery Collections | $ | 10,000 | $ | 10,000 | 38411 | ||||
TOTAL 090 Holding Account Redistribution Fund Group | $ | 3,610,000 | $ | 3,610,000 | 38412 | ||||||
TOTAL ALL BUDGET FUND GROUPS | $ | |
$ | 38413 |
MEDICAID REVENUE AND COLLECTIONS - STATE | 38414 |
The foregoing appropriation item 600-639, Medicaid Revenue | 38415 |
and Collections, shall be used by the Department of Job and Family | 38416 |
Services to pay for Medicaid services and contracts. | 38417 |
Sec. 206.66.22. FISCAL YEAR 2006 MEDICAID REIMBURSEMENT | 38418 |
SYSTEM FOR NURSING FACILITIES | 38419 |
(A) As used in this section: | 38420 |
"2003 cost report" means a complete and adequate Medicaid | 38421 |
cost report covering calendar year 2003 filed with the Department | 38422 |
of Job and Family Services under section 5111.26 of the Revised | 38423 |
Code. | 38424 |
"Change of operator," "entering operator," and "exiting | 38425 |
operator" have the same meanings as in section 5111.65 of the | 38426 |
Revised Code. | 38427 |
"Franchise permit fee" means the fee imposed by sections | 38428 |
3721.50 to 3721.58 of the Revised Code. | 38429 |
"Nursing facility" and "provider" have the same | 38430 |
meanings as in section 5111.20 of the Revised Code. | 38431 |
"Nursing facility services" means nursing facility services | 38432 |
covered by the Medicaid program that a nursing facility provides | 38433 |
to a resident of the nursing facility who is a Medicaid recipient | 38434 |
eligible for Medicaid-covered nursing facility services. | 38435 |
"Reviewable activity" has the same meaning as in section | 38436 |
3702.51 of the Revised Code. | 38437 |
(B) Except as otherwise provided in this section, the | 38438 |
provider of a nursing facility that has a valid Medicaid provider | 38439 |
agreement on June 30, 2005, and a valid Medicaid provider | 38440 |
agreement for fiscal year 2006 shall be paid, for nursing facility | 38441 |
services the nursing facility provides during fiscal year 2006, | 38442 |
the sum of the following: | 38443 |
(1) The rate the provider is paid for nursing facility | 38444 |
services the nursing facility provides on June 30, 2005; | 38445 |
(2) Unless the nursing facility is exempt from paying the | 38446 |
franchise permit fee, one dollar and ninety-five cents. | 38447 |
(C) If a nursing facility undergoes a change of operator on | 38448 |
July 1, 2005, the entering operator shall be paid, for nursing | 38449 |
facility services the nursing facility provides during fiscal year | 38450 |
2006, the rate paid to the exiting operator for nursing facility | 38451 |
services that the nursing facility provided on June 30, 2005, | 38452 |
plus, if the entering operator pays the franchise permit fee, one | 38453 |
dollar and ninety-five cents. If a nursing facility undergoes a | 38454 |
change of operator during the period beginning July 2, 2005, and | 38455 |
ending June 30, 2006, the entering operator shall be paid, for | 38456 |
nursing facility services the nursing facility provides during the | 38457 |
period beginning on the effective date of the change of operator | 38458 |
and ending June 30, 2006, the rate paid to the exiting operator | 38459 |
for nursing facility services that the nursing facility provided | 38460 |
on the day immediately before the effective date of the change of | 38461 |
operator. | 38462 |
(D) If, during fiscal year 2006, a nursing facility obtains | 38463 |
certification as a nursing facility from the Director of Health | 38464 |
and begins participation in the Medicaid program, the provider of | 38465 |
the nursing facility shall be paid, for nursing facility services | 38466 |
the nursing facility provides during the period beginning on the | 38467 |
date the nursing facility begins participation in the Medicaid | 38468 |
program and ending June 30, 2006, a rate that is the median of all | 38469 |
rates paid to providers of nursing facilities on July 1, 2005. | 38470 |
(E) If, during fiscal year | 38471 |
certified beds are added to a nursing facility with a valid | 38472 |
Medicaid provider agreement for fiscal year 2006, the provider of | 38473 |
the nursing facility shall be paid a rate for the new beds that is | 38474 |
the same as the nursing facility's rate for the Medicaid certified | 38475 |
beds that are in the nursing facility on the day before the new | 38476 |
beds are added. | 38477 |
(F) If the United States Centers for Medicare and Medicaid | 38478 |
Services requires that the franchise permit fee be reduced or | 38479 |
eliminated, the Department of Job and Family Services shall reduce | 38480 |
the amount it pays providers of nursing facilities under this | 38481 |
section as necessary to reflect the loss to the state of the | 38482 |
revenue and federal financial participation generated from the | 38483 |
franchise permit fee. | 38484 |
(G) | 38485 |
section shall not be subject to any adjustments except | 38486 |
| 38487 |
nursing facility's 2003 cost report may be applied to a rate | 38488 |
established under this section for the nursing facility not later | 38489 |
than three years after the first day of the fiscal year for which | 38490 |
the rate is established. | 38491 |
| 38492 |
38493 | |
38494 | |
38495 | |
38496 |
| 38497 |
38498 | |
38499 |
| 38500 |
38501 | |
38502 | |
38503 |
| 38504 |
38505 | |
38506 | |
38507 |
(H) The Department of Job and Family Services shall follow | 38508 |
this section in determining the rate to be paid to the provider of | 38509 |
a nursing facility under the Medicaid program for nursing facility | 38510 |
services provided during fiscal year 2006 notwithstanding anything | 38511 |
to the contrary in sections 5111.20 to 5111.33 of the Revised | 38512 |
Code. | 38513 |
Sec. 206.66.23. FISCAL YEAR 2007 MEDICAID REIMBURSEMENT | 38514 |
SYSTEM FOR NURSING FACILITIES | 38515 |
(A) As used in this section: | 38516 |
"Franchise permit fee" means the fee imposed by sections | 38517 |
3721.50 to 3721.58 of the Revised Code. | 38518 |
"Nursing facility" and "provider" have the same meanings as | 38519 |
in section 5111.20 of the Revised Code. | 38520 |
"Nursing facility services" means nursing facility services | 38521 |
covered by the Medicaid program that a nursing facility provides | 38522 |
to a resident of the nursing facility who is a Medicaid recipient | 38523 |
eligible for Medicaid-covered nursing facility services. | 38524 |
(B) Except as provided in division (C) of this section, the | 38525 |
provider of a nursing facility that has a valid Medicaid provider | 38526 |
agreement on June 30, 2006, and a valid Medicaid provider | 38527 |
agreement for fiscal year 2007 shall be paid, for nursing facility | 38528 |
services the nursing facility provides during fiscal year 2007, | 38529 |
the rate determined as follows: | 38530 |
(1) Determine the rate for the nursing facility under | 38531 |
sections 5111.20 to 5111.33 of the Revised Code; | 38532 |
(2) Increase the rate determined under division (B)(1) of | 38533 |
this section by two per cent; | 38534 |
(3) Increase the rate determined under division (B)(2) of | 38535 |
this section by two per cent. | 38536 |
(C) If the rate determined for a nursing facility under | 38537 |
38538 | |
this section for nursing facility services provided during fiscal | 38539 |
year 2007 is more than one hundred two per cent of the rate the | 38540 |
provider is paid for nursing facility services the nursing | 38541 |
facility provides on June 30, 2006, the Department of Job and | 38542 |
Family Services shall reduce the nursing facility's fiscal year | 38543 |
2007 rate so that the rate is no more than one hundred two per | 38544 |
cent of the nursing facility's rate for June 30, 2006. If the rate | 38545 |
determined for a nursing facility under sections 5111.20 to | 38546 |
5111.33 of the Revised Code for nursing facility services provided | 38547 |
during fiscal year 2007 is less than ninety-eight per cent of the | 38548 |
rate the provider was paid for nursing facility services the | 38549 |
nursing facility provides on June 30, 2006, the Department shall | 38550 |
increase the nursing facility's fiscal year 2007 rate so that the | 38551 |
rate is no less than ninety-eight per cent of the nursing | 38552 |
facility's rate for June 30, 2006. | 38553 |
(D) If the United States Centers for Medicare and Medicaid | 38554 |
Services requires that the franchise permit fee be reduced or | 38555 |
eliminated, the Department of Job and Family Services shall reduce | 38556 |
the amount it pays providers of nursing facilities under this | 38557 |
section as necessary to reflect the loss to the state of the | 38558 |
revenue and federal financial participation generated from the | 38559 |
franchise permit fee. | 38560 |
(E) The Department of Job and Family Services shall follow | 38561 |
this section in determining the rate to be paid to the provider of | 38562 |
a nursing facility that has a valid Medicaid provider agreement on | 38563 |
June 30, 2006, and a valid Medicaid provider agreement for fiscal | 38564 |
year 2007 notwithstanding anything to the contrary in sections | 38565 |
5111.20 to 5111.33 of the Revised Code. | 38566 |
Sec. 206.66.36. ASSISTED LIVING MEDICAID WAIVER PROGRAM | 38567 |
(A) As used in this section, "Assisted Living Program" has | 38568 |
the same meaning as in section 5111.89 of the Revised Code. | 38569 |
(B) After the Department of Job and Family Services enters | 38570 |
into a contract with the Department of Aging under section 5111.91 | 38571 |
of the Revised Code for the Department of Aging to administer the | 38572 |
Assisted Living Program, the Director of Job and Family Services | 38573 |
shall quarterly certify to the Director of Budget and Management | 38574 |
the | 38575 |
and federal shares for the Assisted Living Program for the | 38576 |
upcoming quarter. | 38577 |
38578 | |
certification for an upcoming quarter, the Director of Budget and | 38579 |
Management shall do | 38580 |
(1) Transfer the state share of the certified amount | 38581 |
38582 | |
Care/Medicaid, to GRF appropriation item 490-422, Assisted Living, | 38583 |
and reduce appropriation item 600-525, Health Care/Medicaid, by | 38584 |
the corresponding federal share; | 38585 |
(2) | 38586 |
38587 | |
38588 | |
38589 |
| 38590 |
item 600-655, Interagency Reimbursement, by the federal share of | 38591 |
the certified amount | 38592 |
| 38593 |
38594 | |
38595 |
Sec. 206.66.64. INDIVIDUALS MOVED FROM NURSING FACILITIES TO | 38596 |
PASSPORT | 38597 |
(A) As used in this section: | 38598 |
(1) "Area agency on aging" has the same meaning as in section | 38599 |
173.14 of the Revised Code. | 38600 |
(2) "Long-Term Care Consultation Program" means the program | 38601 |
the Department of Aging is required to develop under section | 38602 |
173.42 of the Revised Code. | 38603 |
(3) "Long-Term Care Consultation Program administrator" or | 38604 |
"administrator" means the Department of Aging or, if the | 38605 |
Department contracts with an area agency on aging or other entity | 38606 |
to administer the Long-Term Care Consultation Program for a | 38607 |
particular area, that agency or entity. | 38608 |
(4) "Nursing facility" has the same meaning as in section | 38609 |
5111.20 of the Revised Code. | 38610 |
(5) "PASSPORT program" means the program created under | 38611 |
section 173.40 of the Revised Code. | 38612 |
(B) Each month during fiscal years 2006 and 2007, each area | 38613 |
agency on aging shall determine whether individuals who reside in | 38614 |
the area that the area agency on aging serves and are on a waiting | 38615 |
list for the PASSPORT program have been admitted to a nursing | 38616 |
facility. If an area agency on aging determines that such an | 38617 |
individual has been admitted to a nursing facility, the agency | 38618 |
shall notify the Long-Term Care Consultation Program administrator | 38619 |
serving the area in which the individual resides about the | 38620 |
determination. The administrator shall determine whether the | 38621 |
PASSPORT program is appropriate for the individual and whether the | 38622 |
individual would rather participate in the PASSPORT program than | 38623 |
continue residing in the nursing facility. If the administrator | 38624 |
determines that the PASSPORT program is appropriate for the | 38625 |
individual and the individual would rather participate in the | 38626 |
PASSPORT program than continue residing in the nursing facility, | 38627 |
the administrator shall so notify the Department of Aging. On | 38628 |
receipt of the notice from the administrator, the Department of | 38629 |
Aging shall approve the enrollment of the individual in the | 38630 |
PASSPORT program regardless of whether other individuals who are | 38631 |
not in a nursing facility are ahead of the individual on the | 38632 |
PASSPORT program's waiting list. Each quarter, the Department of | 38633 |
Aging shall certify to the Director of Budget and Management the | 38634 |
38635 | |
expenditures made for the individuals enrolled in the PASSPORT | 38636 |
program pursuant to this section. | 38637 |
(C) On a quarterly basis, on receipt of the certified | 38638 |
expenditures, the Director of Budget and Management shall do all | 38639 |
of the following: | 38640 |
(1) Transfer the state share of the amount of the | 38641 |
38642 | |
Health Care/Medicaid, to GRF appropriation item 490-403, PASSPORT | 38643 |
38644 |
(2) Increase the appropriation in Ohio Department of Aging | 38645 |
Fund 3C4, appropriation item 490-607, PASSPORT, by the federal | 38646 |
share of the amount of the | 38647 |
(3) Increase the appropriation in JFS Fund 3G5, appropriation | 38648 |
item 600-655, Interagency Reimbursement, by the federal share of | 38649 |
the amount of the | 38650 |
The funds that the Director of Budget and Management | 38651 |
transfers and increases under this division are hereby | 38652 |
appropriated. | 38653 |
(D) The individuals placed in the PASSPORT program pursuant | 38654 |
to this section shall be in addition to the individuals placed in | 38655 |
the PASSPORT program during fiscal years 2006 and 2007 based on | 38656 |
the amount of money that is in GRF appropriation item 490-403, | 38657 |
PASSPORT; Fund 4J4, appropriation item 490-610, | 38658 |
PASSPORT/Residential State Supplement; Fund 4U9, appropriation | 38659 |
item 490-602, PASSPORT Fund; and Fund 3C4, appropriation item | 38660 |
490-607, PASSPORT, before any transfers to GRF appropriation item | 38661 |
490-403, PASSPORT, and Fund 3C4, appropriation item 490-607, | 38662 |
PASSPORT, are made under this section. | 38663 |
(E) The Director of Job and Family Services shall do both of | 38664 |
the following: | 38665 |
(1) Submit to the United States Secretary of Health and Human | 38666 |
Services an amendment to the Medicaid waiver authorizing the | 38667 |
PASSPORT program as necessary for the implementation of this | 38668 |
section; | 38669 |
(2) By not later than December 31, 2006, submit to the | 38670 |
General Assembly a report regarding the number of individuals | 38671 |
placed in the PASSPORT program pursuant to this section and the | 38672 |
costs incurred and savings achieved as a result of the individuals | 38673 |
being placed in the PASSPORT program. | 38674 |
Sec. 206.66.66. OHIO ACCESS SUCCESS PROJECT | 38675 |
Notwithstanding any limitations in sections 3721.51 and | 38676 |
3721.56 of the Revised Code, in each fiscal year, cash from Fund | 38677 |
4J5, Home and Community-Based Services for the Aged, in excess of | 38678 |
the amounts needed for the transfers may be used by the Department | 38679 |
of Job and Family Services for the following purposes: (A) up to | 38680 |
$1.0 million in each fiscal year to fund the state share of audits | 38681 |
of | 38682 |
38683 | |
facilities for the mentally retarded; and (B) up to $350,000 in | 38684 |
fiscal year 2006 and up to $350,000 in fiscal year 2007 to provide | 38685 |
one-time transitional benefits under the Ohio Access Success | 38686 |
Project that the Director of Job and Family Services may establish | 38687 |
under section 5111.88 of the Revised Code. | 38688 |
Sec. 206.66.84. CHILDREN'S TRUST FUND | 38689 |
Notwithstanding sections 3109.13 to 3109.18 of the Revised | 38690 |
Code, in fiscal | 38691 |
and Management shall transfer $1,500,000 cash from the Children's | 38692 |
Trust Fund (Fund 198 in the Department of Job and Family Services) | 38693 |
to the Partnerships for Success Fund (Fund 5BH in the Department | 38694 |
of Youth Services). On or before January 1, | 38695 |
Director of Budget and Management shall transfer to the Children's | 38696 |
Trust Fund (Fund 198) any amount of cash that remains unspent in | 38697 |
the Partnerships for Success Fund (Fund 5BH). | 38698 |
Sec. 206.66.85. HOSPITAL CARE ASSURANCE MATCH | 38699 |
Appropriation item 600-650, Hospital Care Assurance Match, | 38700 |
shall be used by the Department of Job and
Family
Services | 38701 |
38702 | |
hospitals under section
| 38703 |
Sec. 206.66.91. The Department of Job and Family Services | 38704 |
shall retain in each fiscal year $1,500,000 of the federal | 38705 |
incentives that are described in division (A) of section 3125.19 | 38706 |
of the Revised Code and authorized by 42 U.S.C. 658a that the | 38707 |
Department of Job and Family Services receives from the United | 38708 |
States Department of Human Services to reimburse the Department of | 38709 |
Job and Family Services for the state share of payments made by | 38710 |
the Department of Job and Family Services for mandatory contracts | 38711 |
utilized by county child support enforcement agencies in the | 38712 |
program of child support enforcement authorized by sections | 38713 |
3125.03 and 3125.11 of the Revised Code. This revenue shall be | 38714 |
deposited in the Child Support Operating Fund (Fund 5BE in the | 38715 |
Department of Job and Family Services). | 38716 |
Sec. 206.67.15. PRESCRIPTION DRUG REBATE FUND | 38717 |
The foregoing appropriation item 600-692, | 38718 |
38719 | |
Department of Job and Family
Services | 38720 |
38721 | |
contracts. | 38722 |
38723 | |
38724 | |
38725 | |
38726 | |
38727 |
On July 1, 2006, or as soon as possible thereafter, the | 38728 |
Director of Job and Family Services shall certify to the Director | 38729 |
of Budget and Management the federal share of the balance of the | 38730 |
Prescription Drug Rebates Fund created under section 5111.942 of | 38731 |
the Revised Code. On receipt of the certification, the Director of | 38732 |
Budget and Management shall transfer the federal share to the | 38733 |
Health Care - Federal Fund created under section 5111.943 of the | 38734 |
Revised Code. | 38735 |
Sec. 206.67.21. TRANSFER OF TOBACCO MASTER SETTLEMENT | 38736 |
AGREEMENT FUNDS TO SUPPORT THE AGED, BLIND, AND DISABLED MANAGED | 38737 |
CARE PROGRAM | 38738 |
(A) Not later than June 30, 2006, the Director of Job and | 38739 |
Family Services, in conjunction with the Office of Budget and | 38740 |
Management, shall determine the amount necessary to implement the | 38741 |
Aged, Blind, and Disabled Managed Care Program established under | 38742 |
section 5111.16 of the Revised Code. | 38743 |
(B) Notwithstanding section 183.02 of the Revised Code, on | 38744 |
July 1, 2006, or as soon as possible thereafter, the Director of | 38745 |
Budget and Management shall transfer cash equal to the state share | 38746 |
of the amount determined pursuant to division (A) of this section | 38747 |
from the Tobacco Master Settlement Agreement Fund (Fund 087) to | 38748 |
the ABD Managed Care Program – State Fund (Fund 5BZ in the | 38749 |
Department of Job and Family Services), which is hereby created. | 38750 |
Of the tobacco revenue that is credited to the Tobacco Master | 38751 |
Settlement Agreement Fund (Fund 087) in fiscal year 2006, the | 38752 |
share that is determined pursuant to section 183.02 of the Revised | 38753 |
Code to be the amount transferred by the Director of Budget and | 38754 |
Management from the Tobacco Master Settlement Agreement Fund (Fund | 38755 |
087) to the Tobacco Use Prevention and Cessation Trust Fund (Fund | 38756 |
H87) shall be reduced by the amount that is transferred from the | 38757 |
Tobacco Master Settlement Agreement Fund (Fund 087) to the ABD | 38758 |
Managed Care Program – State Fund (Fund 5BZ) in accordance with | 38759 |
this section. The amount transferred under this division is hereby | 38760 |
appropriated to appropriation item 600-698, ABD Managed Care | 38761 |
Program – State. | 38762 |
(C) The Department of Job and Family Services shall deposit | 38763 |
federal reimbursement received for the Aged, Blind, and Disabled | 38764 |
Managed Care Program into the | 38765 |
Care Assurance Match Fund – Federal Fund (Fund | 38766 |
38767 | |
this section are hereby appropriated to appropriation item | 38768 |
600-699, ABD Managed Care Program – Federal. | 38769 |
Sec. 206.99. MHC MANUFACTURED HOMES COMMISSION | 38770 |
General Services Fund Group | 38771 |
4K9 | 996-609 | Operating Expenses | $ | 272,500 | $ | 38772 | |||||
TOTAL GSF General Services | 38773 | ||||||||||
Fund Group | $ | 272,500 | $ | 38774 | |||||||
TOTAL ALL BUDGET FUND GROUPS | $ | 272,500 | $ | 38775 |
Sec. 209.04. AMB MEDICAL TRANSPORTATION BOARD | 38777 |
General Services Fund Group | 38778 |
4N1 | 915-601 | Operating Expenses | $ | 388,450 | $ | 38779 | |||||
TOTAL GSF General Services | 38780 | ||||||||||
Fund Group | $ | 388,450 | $ | 38781 | |||||||
TOTAL ALL BUDGET FUND GROUPS | $ | 388,450 | $ | 38782 |
Sec. 209.06.06. DIVISION OF MENTAL HEALTH - COMMUNITY SUPPORT | 38784 |
SERVICES | 38785 |
General Revenue Fund | 38786 |
GRF | 335-404 | Behavioral Health Services-Children | $ | 5,865,265 | $ | 6,865,265 | 38787 | ||||
GRF | 335-405 | Family & Children First | $ | 2,260,000 | $ | 2,260,000 | 38788 | ||||
GRF | 335-419 | Community Medication Subsidy | $ | $ | 38789 | ||||||
GRF | 335-505 | Local Mental Health Systems of Care | $ | 94,687,868 | $ | 99,687,868 | 38790 | ||||
TOTAL GRF General Revenue Fund | $ | $ | 38791 |
General Services Fund Group | 38792 |
4P9 | 335-604 | Community Mental Health Projects | $ | 250,000 | $ | 250,000 | 38793 | ||||
TOTAL GSF General Services | 38794 | ||||||||||
Fund Group | $ | 250,000 | $ | 250,000 | 38795 |
Federal Special Revenue Fund Group | 38796 |
3A6 | 335-608 | Federal Miscellaneous | $ | 1,089,699 | $ | 678,699 | 38797 | ||||
3A7 | 335-612 | Social Services Block Grant | $ | 8,657,288 | $ | 8,657,288 | 38798 | ||||
3A8 | 335-613 | Federal Grant - Community Mental Health Board Subsidy | $ | 2,407,040 | $ | 2,407,040 | 38799 | ||||
3A9 | 335-614 | Mental Health Block Grant | $ | 14,969,400 | $ | 14,969,400 | 38800 | ||||
3B1 | 335-635 | Community Medicaid Expansion | $ | 264,088,404 | $ | 282,807,902 | 38801 | ||||
TOTAL FED Federal Special Revenue Fund Group | $ | 291,211,831 | $ | 309,520,329 | 38802 |
State Special Revenue Fund Group | 38803 |
5AU | 335-615 | Behavioral Healthcare | $ | 4,690,000 | $ | 4,690,000 | 38804 | ||||
5CH | 335-622 | Residential State Supplement | $ | 1,500,000 | $ | 1,500,000 | 38805 | ||||
632 | 335-616 | Community Capital Replacement | $ | 350,000 | $ | 350,000 | 38806 | ||||
TOTAL SSR State Special Revenue Fund Group | $ | 6,540,000 | $ | 6,540,000 | 38807 |
TOTAL ALL BUDGET FUND GROUPS | $ | $ | 38808 | ||||||||
DEPARTMENT TOTAL | 38809 | ||||||||||
GENERAL REVENUE FUND | $ | $ | 38810 | ||||||||
DEPARTMENT TOTAL | 38811 | ||||||||||
GENERAL SERVICES FUND GROUP | $ | 115,901,936 | $ | 120,196,482 | 38812 | ||||||
DEPARTMENT TOTAL | 38813 | ||||||||||
FEDERAL SPECIAL REVENUE | 38814 | ||||||||||
FUND GROUP | $ | 311,131,959 | $ | 329,461,338 | 38815 | ||||||
DEPARTMENT TOTAL | 38816 | ||||||||||
STATE SPECIAL REVENUE FUND GROUP | $ | 12,266,164 | $ | 12,266,164 | 38817 | ||||||
DEPARTMENT TOTAL | 38818 | ||||||||||
TOTAL DEPARTMENT OF MENTAL HEALTH | $ | $ | 38819 |
Sec. 209.06.09. COMMUNITY MEDICATION SUBSIDY | 38821 |
The foregoing appropriation item 335-419, Community | 38822 |
Medication Subsidy, shall be used to provide subsidized support | 38823 |
for psychotropic medication needs of indigent citizens in the | 38824 |
community to reduce unnecessary hospitalization because of lack of | 38825 |
medication and to provide subsidized support for methadone costs. | 38826 |
| 38827 |
38828 | |
38829 | |
38830 | |
38831 |
LOCAL MENTAL HEALTH SYSTEMS OF CARE | 38832 |
The foregoing appropriation item 335-505, Local Mental Health | 38833 |
Systems of Care, shall be used for mental health services provided | 38834 |
by community mental health boards in accordance with a community | 38835 |
mental health plan submitted under section 340.03 of the Revised | 38836 |
Code and as approved by the Department of Mental Health. | 38837 |
Of the foregoing appropriation, not less than $34,818,917 in | 38838 |
fiscal year 2006 and not less than $34,818,917 in fiscal year 2007 | 38839 |
shall be distributed by the Department of Mental Health on a per | 38840 |
capita basis to community mental health boards. | 38841 |
Of the foregoing appropriation, $100,000 in each fiscal year | 38842 |
shall be used to fund family and consumer education and support. | 38843 |
BEHAVIORAL HEALTH - CHILDREN | 38844 |
The foregoing appropriation item 335-404, Behavioral Health | 38845 |
Services-Children, shall be used to provide behavioral health | 38846 |
services for children and their families. Behavioral health | 38847 |
services include mental health and alcohol and other drug | 38848 |
treatment services and other necessary supports. | 38849 |
Of the foregoing appropriation item 335-404, Behavioral | 38850 |
Health Services-Children, an amount up to $4.5 million in fiscal | 38851 |
year 2006 and $5.5 million in fiscal year 2007 shall be | 38852 |
distributed to local Alcohol, Drug Addiction, and Mental Health | 38853 |
Boards; Community Mental Health Boards; and Alcohol and Drug | 38854 |
Addiction Boards, based upon a formula and an approved children's | 38855 |
behavioral health transformation plan developed and endorsed by | 38856 |
the local Family and Children First Council with the leadership | 38857 |
from the Alcohol, Drug Addiction, and Mental Health Board, or the | 38858 |
Community Mental Health Board, and the Alcohol and Drug Addiction | 38859 |
Services Board. The use of these funds shall be approved by a team | 38860 |
of state and local stakeholders appointed by the Ohio Family and | 38861 |
Children First Cabinet Council. This team shall be appointed not | 38862 |
later than July 1, 2005, and shall include, but not be limited to, | 38863 |
all of the following: | 38864 |
(A) At least one representative from each of the Departments | 38865 |
of Alcohol and Drug Addiction Services, Mental Health, Education, | 38866 |
Health, Job and Family Services, Mental Retardation and | 38867 |
Developmental Disabilities, and the Department of Youth Services; | 38868 |
(B) At least one person representing local public children's | 38869 |
services agencies; | 38870 |
(C) At least one person representing juvenile courts; | 38871 |
(D) At least one person representing local Alcohol, Drug | 38872 |
Addiction, and Mental Health Boards; Community Mental Health | 38873 |
Boards; and Alcohol and Drug Addiction Boards; | 38874 |
(E) At least one person representing local Family and | 38875 |
Children First Council Coordinators; | 38876 |
(F) At least one family representative. | 38877 |
Children's behavioral health transformation plans shall be | 38878 |
congruent with the development and implementation of the process | 38879 |
described in division (B)(2)(b) of section 121.37 of the Revised | 38880 |
Code and shall address all of the following as determined by a | 38881 |
team of state and local stakeholders appointed by the Ohio Family | 38882 |
and Children First Cabinet Council: | 38883 |
(A) Specific strategies and actions for use of all funds | 38884 |
allocated for the Access to Better Care Initiative by all Ohio | 38885 |
Family and Children First Cabinet Council agencies that will | 38886 |
further the transformation of the local Children's Behavioral | 38887 |
Health Care System; | 38888 |
(B) Providing services to children with behavioral health | 38889 |
disorders, particularly those with intensive needs, and their | 38890 |
families, across all child-serving systems, including child | 38891 |
welfare and juvenile justice and for those youth whose parents | 38892 |
would otherwise have to relinquish custody to obtain needed | 38893 |
behavioral health services; | 38894 |
(C) Assuring that families are included in all service | 38895 |
planning activities and have access to advocates to assist them if | 38896 |
they choose; | 38897 |
(D) Implementation of home-based services and other | 38898 |
alternatives to out-of-home placement; | 38899 |
(E) Assuring that all individual service plans for children | 38900 |
and their families address the academic achievement of the child; | 38901 |
(F) Coordinating the most efficient and effective use of | 38902 |
federal, state, and local funds to meet the needs of children and | 38903 |
their families. | 38904 |
Funds may be used to support the following services and | 38905 |
activities: | 38906 |
(A) Mental health services provided by the Ohio Department of | 38907 |
Mental Health certified agencies and alcohol and other drug | 38908 |
services provided by Department of Alcohol and Drug Addiction | 38909 |
Services certified agencies; | 38910 |
(B) Services and supports for children and their families | 38911 |
that further the implementation of their individual service plans; | 38912 |
(C) Treatment services in out-of-home settings, including | 38913 |
residential facilities, when other alternatives are not available | 38914 |
or feasible; | 38915 |
(D) Administrative support for efforts associated with this | 38916 |
initiative; | 38917 |
(E) These funds shall not be used to supplant existing | 38918 |
efforts. | 38919 |
The Ohio Family and Children First Cabinet Council appointed | 38920 |
team shall approve the plans for local behavioral health services | 38921 |
and ensure the plans are components of and properly coordinated | 38922 |
with the county service coordination plan as defined in section | 38923 |
121.37 of the Revised Code. In addition to approving the plans for | 38924 |
new behavioral health funding, this team shall design a mechanism | 38925 |
to provide technical assistance to local communities, monitor the | 38926 |
plans, and may, as part of the monitoring role, conduct site | 38927 |
visits. | 38928 |
Of the foregoing appropriation item 335-404, Behavioral | 38929 |
Health Services-Children, an amount up to $1.0 million in fiscal | 38930 |
year 2006 and $1.0 million in fiscal year 2007 shall be used to | 38931 |
support projects, as determined by the Ohio Family and Children | 38932 |
First Cabinet Council, in select areas around the state to focus | 38933 |
on improving behavioral health services for children involved in | 38934 |
the child welfare and juvenile justice systems. At least one of | 38935 |
these projects shall focus on services for adolescent girls that | 38936 |
are involved in or at risk of involvement with the juvenile | 38937 |
justice system. | 38938 |
Of the foregoing appropriation item 335-405, Family & | 38939 |
Children First, an amount up to $500,000 in fiscal year 2006 and | 38940 |
$500,000 in fiscal year 2007 shall be used for children who do not | 38941 |
have behavioral health disorders but require assistance through | 38942 |
the County Family and Children First Council. | 38943 |
RESIDENTIAL STATE SUPPLEMENT | 38944 |
The foregoing appropriation item 335-622, Residential State | 38945 |
Supplement, shall be used to provide subsidized support for | 38946 |
licensed adult care facilities which serve individuals with mental | 38947 |
illness. | 38948 |
Sec. 209.09.06. COMMUNITY SERVICES | 38949 |
General Revenue Fund | 38950 |
GRF | 322-405 | State Use Program | $ | 20,000 | $ | 0 | 38951 | ||||
GRF | 322-413 | Residential and Support Services | $ | 7,423,021 | $ | 7,423,021 | 38952 | ||||
GRF | 322-416 | Waiver State Match | $ | 103,090,738 | $ | 104,397,504 | 38953 | ||||
GRF | 322-417 | Supported Living | $ | 43,160,198 | $ | 43,160,198 | 38954 | ||||
GRF | 322-451 | Family Support Services | $ | 6,938,898 | $ | 6,938,898 | 38955 | ||||
GRF | 322-452 | Service and Support Administration | $ | 8,672,730 | $ | 8,672,730 | 38956 | ||||
GRF | 322-501 | County Boards Subsidies | $ | 32,193,542 | $ | 32,193,542 | 38957 | ||||
GRF | 322-503 | Tax Equity | $ | 14,500,000 | $ | 14,500,000 | 38958 | ||||
TOTAL GRF General Revenue Fund | $ | 215,999,127 | $ | 217,285,893 | 38959 |
General Services Fund Group | 38960 |
4J6 | 322-645 | Intersystem Services for Children | $ | 300,000 | $ | 0 | 38961 | ||||
4U4 | 322-606 | Community MR and DD Trust | $ | 300,000 | $ | 50,000 | 38962 | ||||
4V1 | 322-611 | Family and Children First | $ | 40,000 | $ | 0 | 38963 | ||||
488 | 322-603 | Provider Audit Refunds | $ | 350,000 | $ | 350,000 | 38964 | ||||
TOTAL GSF General Services | 38965 | ||||||||||
Fund Group | $ | 990,000 | $ | 400,000 | 38966 |
Federal Special Revenue Fund Group | 38967 |
3A4 | 322-605 | Community Program Support | $ | 1,500,000 | $ | 1,500,000 | 38968 | ||||
3A5 | 322-613 | DD Council Grants | $ | 3,204,240 | $ | 3,204,240 | 38969 | ||||
3G6 | 322-639 | Medicaid Waiver | $ | 373,772,814 | $ | 373,772,814 | 38970 | ||||
3M7 | 322-650 | CAFS Medicaid | $ | 125,924,299 | $ | 103,773,730 | 38971 | ||||
325 | 322-608 | Grants for Infants and Families with Disabilities | $ | 1,763,165 | $ | 1,763,165 | 38972 | ||||
325 | 322-612 | Community Social Service Programs | $ | 11,500,000 | $ | 11,500,000 | 38973 | ||||
TOTAL FED Federal Special Revenue | 38974 | ||||||||||
Fund Group | $ | 517,664,518 | $ | 495,513,949 | 38975 |
State Special Revenue Fund Group | 38976 |
4K8 | 322-604 | Waiver - Match | $ | 12,000,000 | $ | 12,000,000 | 38977 | ||||
5DJ | 322-625 | Targeted Case Management Match | $ | 9,340,000 | $ | 20,280,000 | 38978 | ||||
5DJ | 322-626 | Targeted Case Management Services | $ | 23,350,000 | $ | 50,070,000 | 38979 | ||||
5H0 | 322-619 | Medicaid Repayment | $ | 25,000 | $ | 25,000 | 38980 | ||||
5Z1 | 322-624 | County Board Waiver Match | $ | 82,000,000 | $ | 82,000,000 | 38981 | ||||
TOTAL SSR State Special Revenue | 38982 | ||||||||||
Fund Group | $ | $ | 38983 | ||||||||
TOTAL ALL COMMUNITY SERVICES | 38984 | ||||||||||
BUDGET FUND GROUPS | $ | $ | 38985 |
RESIDENTIAL AND SUPPORT SERVICES | 38986 |
The Department of Mental Retardation and Developmental | 38987 |
Disabilities may designate a portion of appropriation item | 38988 |
322-413, Residential and Support Services, for the following: | 38989 |
(A) Sermak Class Services used to implement the requirements | 38990 |
of the agreement settling the consent decree in Sermak v. Manuel, | 38991 |
Case No. c-2-80-220, United States District Court for the Southern | 38992 |
District of Ohio, Eastern Division; | 38993 |
(B) Medicaid-reimbursed programs other than home and | 38994 |
community-based waiver services, in an amount not to exceed | 38995 |
$1,000,000 in each fiscal year, that enable persons with mental | 38996 |
retardation and developmental disabilities to live in the | 38997 |
community. | 38998 |
WAIVER STATE MATCH | 38999 |
The purposes for which the foregoing appropriation item | 39000 |
322-416, Waiver State Match, shall be used include the following: | 39001 |
(A) Home and community-based waiver services under Title XIX | 39002 |
of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301, | 39003 |
as amended. | 39004 |
(B) Services contracted by county boards of mental | 39005 |
retardation and developmental disabilities. | 39006 |
(C) To pay the nonfederal share of the cost of one or more | 39007 |
new intermediate-care-facility-for-the-mentally-retarded certified | 39008 |
beds in a county where the county board of mental retardation and | 39009 |
developmental disabilities does not initiate or support the | 39010 |
development or certification of such beds, if the Director of | 39011 |
Mental Retardation and Developmental Disabilities is required by | 39012 |
39013 | |
transfer to the Director of Job and Family Services funds to pay | 39014 |
such nonfederal share. | 39015 |
The Department of Mental Retardation and Developmental | 39016 |
Disabilities may designate a portion of appropriation item | 39017 |
322-416, Waiver State Match, to county boards of mental | 39018 |
retardation and developmental disabilities that have greater need | 39019 |
for various residential and support services because of a low | 39020 |
percentage of residential and support services development in | 39021 |
comparison to the number of individuals with mental retardation or | 39022 |
developmental disabilities in the county. | 39023 |
Of the foregoing appropriation item 322-416, Waiver State | 39024 |
Match, $9,850,000 in each year of the biennium shall be | 39025 |
distributed by the Department to county boards of mental | 39026 |
retardation and developmental disabilities to support existing | 39027 |
residential facilities waiver and individual options waiver | 39028 |
related to Medicaid activities provided for in the component of a | 39029 |
county board's plan developed under division (A)(2) of section | 39030 |
5126.054 of the Revised Code and approved under section 5123.046 | 39031 |
of the Revised Code. Up to $3,000,000 of these funds in each | 39032 |
fiscal year may be used to implement day-to-day program management | 39033 |
services under division (A)(2) of section 5126.054 of the Revised | 39034 |
Code. Up to $4,200,000 in each fiscal year may be used to | 39035 |
implement the program and health and welfare requirements of | 39036 |
division (A)(2) of section 5126.054 of the Revised Code. | 39037 |
In fiscal years 2006 and 2007 not less than $2,650,000 of | 39038 |
these funds shall be used to recruit and retain, under division | 39039 |
(A)(2) of section 5126.054 of the Revised Code, the direct care | 39040 |
staff necessary to implement the services included in an | 39041 |
individualized service plan in a manner that ensures the health | 39042 |
and welfare of the individuals being served. | 39043 |
The method utilized by the department to determine each | 39044 |
residential facilities wavier and individual options provider's | 39045 |
allocation of such funds in fiscal year 2005 shall be used for | 39046 |
allocation purposes to such providers in fiscal years 2006 and | 39047 |
2007, respectively. | 39048 |
SUPPORTED LIVING | 39049 |
The purposes for which the foregoing appropriation item | 39050 |
322-417, Supported Living, shall be used include supported living | 39051 |
services contracted by county boards of mental retardation and | 39052 |
developmental disabilities under sections 5126.40 to 5126.47 of | 39053 |
the Revised Code and paying the nonfederal share of the cost of | 39054 |
one or more new | 39055 |
intermediate-care-facility-for-the-mentally-retarded certified | 39056 |
beds in a county where the county board of mental retardation and | 39057 |
developmental disabilities does not initiate or support the | 39058 |
development or certification of such beds, if the Director of | 39059 |
Mental Retardation and Developmental Disabilities is required by | 39060 |
39061 | |
transfer to the Director of Job and Family Services funds to pay | 39062 |
such nonfederal share. | 39063 |
OTHER RESIDENTIAL AND SUPPORT SERVICE PROGRAMS | 39064 |
Notwithstanding Chapters 5123. and 5126. of the Revised Code, | 39065 |
the Department of Mental Retardation and Developmental | 39066 |
Disabilities may develop residential and support service programs | 39067 |
funded by appropriation item 322-413, Residential and Support | 39068 |
Services; appropriation item 322-416, Waiver State Match; or | 39069 |
appropriation item 322-417, Supported Living, that enable persons | 39070 |
with mental retardation and developmental disabilities to live in | 39071 |
the community. Notwithstanding Chapter 5121. and section 5123.122 | 39072 |
of the Revised Code, the Department may waive the support | 39073 |
collection requirements of those statutes for persons in community | 39074 |
programs developed by the Department under this section. The | 39075 |
Department shall adopt rules under Chapter 119. of the Revised | 39076 |
Code or may use existing rules for the implementation of these | 39077 |
programs. | 39078 |
FAMILY SUPPORT SERVICES | 39079 |
Notwithstanding sections 5123.171, 5123.19, 5123.20, and | 39080 |
5126.11 of the Revised Code, the Department of Mental Retardation | 39081 |
and Developmental Disabilities may implement programs funded by | 39082 |
appropriation item 322-451, Family Support Services, to provide | 39083 |
assistance to persons with mental retardation or developmental | 39084 |
disabilities and their families who are living in the community. | 39085 |
The department shall adopt rules to implement these programs. The | 39086 |
department may also use the foregoing appropriation item 322-451, | 39087 |
Family Support Services, to pay the nonfederal share of the cost | 39088 |
of one or more new | 39089 |
intermediate-care-facility-for-the-mentally-retarded certified | 39090 |
beds in a county where the county board of mental retardation and | 39091 |
developmental disabilities initiates or supports the development | 39092 |
or certification of such beds, if the Director of Mental | 39093 |
Retardation and Developmental Disabilities is required by | 39094 |
Am. Sub. H.B. 66 of the 126th General Assembly to transfer to the | 39095 |
Director of Job and Family Services funds to pay such nonfederal | 39096 |
share. | 39097 |
SERVICE AND SUPPORT ADMINISTRATION | 39098 |
The foregoing appropriation item 322-452, Service and Support | 39099 |
Administration, shall be allocated to county boards of mental | 39100 |
retardation and developmental disabilities for the purpose of | 39101 |
providing service and support administration services and to | 39102 |
assist in bringing state funding for all department-approved | 39103 |
service and support administrators within county boards of mental | 39104 |
retardation and developmental disabilities to the level authorized | 39105 |
in division (C) of section 5126.15 of the Revised Code. The | 39106 |
department may request approval from the Controlling Board to | 39107 |
transfer any unobligated appropriation authority from other state | 39108 |
General Revenue Fund appropriation items within the department's | 39109 |
budget to appropriation item 322-452, Service and Support | 39110 |
Administration, to be used to meet the statutory funding level in | 39111 |
division (C) of section 5126.15 of the Revised Code. | 39112 |
Notwithstanding division (C) of section 5126.15 of the | 39113 |
Revised Code and subject to funding in appropriation item 322-452, | 39114 |
Service and Support Administration, no county may receive less | 39115 |
than its allocation in fiscal year 1995. Wherever case management | 39116 |
services are referred to in any law, contract, or other document, | 39117 |
the reference shall be deemed to refer to service and support | 39118 |
administration. No action or proceeding pending on the effective | 39119 |
date of this section is affected by the renaming of case | 39120 |
management services as service and support administration. | 39121 |
The Department of Mental Retardation and Developmental | 39122 |
Disabilities shall adopt, amend, and rescind rules as necessary to | 39123 |
reflect the renaming of case management services as service and | 39124 |
support administration. All boards of mental retardation and | 39125 |
developmental disabilities and the entities with which they | 39126 |
contract for services shall rename the titles of their employees | 39127 |
who provide service and support administration. All boards and | 39128 |
contracting entities shall make corresponding changes to all | 39129 |
employment contracts. | 39130 |
The Department also may use the foregoing appropriation item | 39131 |
322-452, Service and Support Administration, to pay the nonfederal | 39132 |
share of the cost of one or more new | 39133 |
intermediate-care-facility-for-the-mentally-retarded certified | 39134 |
beds in a county where the county board of mental retardation and | 39135 |
developmental disabilities initiates or supports the development | 39136 |
or certification of such beds, if the Director of Mental | 39137 |
Retardation and Developmental Disabilities is required by | 39138 |
Am. Sub. H.B. 66 of the 126th General Assembly to transfer to the | 39139 |
Director of Job and Family Services funds to pay such nonfederal | 39140 |
share. | 39141 |
STATE SUBSIDIES TO MR/DD BOARDS | 39142 |
Notwithstanding section 5126.12 of the Revised Code, for | 39143 |
fiscal year 2006, the Department shall, if sufficient funds as | 39144 |
determined by the Department are available, use the foregoing | 39145 |
appropriation item 322-501, County Boards Subsidies, to pay each | 39146 |
county board of mental retardation and developmental disabilities | 39147 |
an amount that is equal to the amount such board received in | 39148 |
fiscal year 2005. If the Department determines that there are not | 39149 |
sufficient funds available in appropriation item 322-501, County | 39150 |
Boards Subsidies, for this purpose, the Department shall pay to | 39151 |
each county board an amount that is proportionate to the amount | 39152 |
such board received in fiscal year 2005. Proportionality shall be | 39153 |
determined by comparing the payment a county board received in a | 39154 |
category in fiscal year 2005 to the total payments distributed to | 39155 |
all county boards for such category in fiscal year 2005. For | 39156 |
fiscal year 2007, the Department shall pay to each county board an | 39157 |
amount that is determined by an allocation formula to be developed | 39158 |
by the Department that considers the applicable factors in section | 39159 |
5126.12 of the Revised Code. | 39160 |
The Department also may use the foregoing appropriation item | 39161 |
322-501, County Boards Subsidies, to pay the nonfederal share of | 39162 |
the cost of one or more new | 39163 |
intermediate-care-facility-for-the-mentally-retarded certified | 39164 |
beds in a county where the county board of mental retardation and | 39165 |
developmental disabilities initiates or supports the development | 39166 |
or certification of such beds, if the Director of Mental | 39167 |
Retardation and Developmental Disabilities is required by | 39168 |
Am. Sub. H.B. 66 of the 126th General Assembly to transfer to the | 39169 |
Director of Job and Family Services funds to pay such nonfederal | 39170 |
share. | 39171 |
NONFEDERAL MATCH FOR ACTIVE TREATMENT SERVICES | 39172 |
Pursuant to an agreement between the county board and the | 39173 |
Director of Mental Retardation and Developmental Disabilities, a | 39174 |
county may pledge funds from its state allocation from GRF | 39175 |
appropriation item 322-501, County Boards Subsidies, to cover the | 39176 |
cost of providing the nonfederal match for active treatment | 39177 |
services that the county provides to residents of the Department's | 39178 |
developmental centers. The Director of Mental Retardation and | 39179 |
Developmental Disabilities is authorized to transfer, through | 39180 |
intrastate transfer vouchers, cash from these pledges from GRF | 39181 |
appropriation item 322-501, County Boards Subsidies, to Fund 489, | 39182 |
Mental Retardation Operating. Any other county funds received by | 39183 |
the Department from county boards for active treatment shall be | 39184 |
deposited in Fund 489, Mental Retardation Operating. | 39185 |
WAIVER - MATCH | 39186 |
The foregoing appropriation item 322-604, Waiver - Match | 39187 |
(Fund 4K8), shall be used as state matching funds for the home and | 39188 |
community-based waivers. | 39189 |
COUNTY BOARD WAIVER MATCH | 39190 |
The Director of Mental Retardation and Developmental | 39191 |
Disabilities shall transfer, through intrastate transfer vouchers, | 39192 |
cash from any allowable General Revenue Fund appropriation item to | 39193 |
Fund 5Z1, appropriation item 322-624, County Board Waiver Match. | 39194 |
(The amounts being transferred reflect the amounts that county | 39195 |
boards pledge from their state General Revenue Funds allocations | 39196 |
to cover the cost of providing the non-federal match for waiver | 39197 |
services.) | 39198 |
TRANSFER OF FUNDS FOR THE FAMILY AND CHILDREN FIRST CABINET | 39199 |
COUNCIL TO THE DEPARTMENT OF MENTAL HEALTH | 39200 |
On July 1, 2005, or as soon as possible thereafter, the | 39201 |
Director of Mental Retardation and Developmental Disabilities | 39202 |
shall certify the remaining cash balance in Fund 4V1, | 39203 |
Miscellaneous Use, to the Director of Budget and Management. Upon | 39204 |
receipt of the certification, the Director of Budget and | 39205 |
Management shall transfer that amount and re-establish existing | 39206 |
encumbrances in the Department of Mental Health, Fund 232, Family | 39207 |
and Children First Administration Fund. When this transfer has | 39208 |
been completed, Fund 4V1 shall be abolished. | 39209 |
On November 1, 2005, or as soon as possible thereafter, the | 39210 |
Director of Mental Retardation and Developmental Disabilities | 39211 |
shall certify the remaining cash balance in Fund 4J6, Youth | 39212 |
Cluster, to the Director of Budget and Management, who upon | 39213 |
receipt shall transfer that amount to the General Revenue Fund and | 39214 |
increase the Department of Mental Health's GRF appropriation item | 39215 |
335-404, Behavioral Health Services-Children, by the same amount. | 39216 |
When this transfer has been completed, Fund 4J6 shall be | 39217 |
abolished. | 39218 |
TARGETED CASE MANAGEMENT SERVICES | 39219 |
The Departments of Mental Retardation and Developmental | 39220 |
Disabilities and Job and Family Services may enter into an | 39221 |
interagency agreement under which the Department of Mental | 39222 |
Retardation and Developmental Disabilities shall pay the | 39223 |
Department of Job and Family Services the nonfederal portion of | 39224 |
the cost of targeted case management services and the Department | 39225 |
of Job and Family Services shall pay the total cost of targeted | 39226 |
case management claims. | 39227 |
Quarterly, the Director of Mental Retardation and | 39228 |
Developmental Disabilities, in consultation with the Director of | 39229 |
Job and Family Services, shall estimate the cost, less any | 39230 |
adjustments from the previous quarter, of the nonfederal share of | 39231 |
targeted case management for claims with service dates after | 39232 |
December 31, 2005, and shall certify this amount to the Director | 39233 |
of Budget and Management. Notwithstanding any other provision of | 39234 |
law to the contrary, the Director of Budget and Management may | 39235 |
transfer cash equal to the amount certified from any Department of | 39236 |
Mental Retardation and Developmental Disabilities fund identified | 39237 |
by the Director of Mental Retardation and Developmental | 39238 |
Disabilities to the Department of Job and Family Services Fund | 39239 |
5C9, Medicaid Program Support. | 39240 |
County boards of mental retardation and developmental | 39241 |
disabilities shall pay the nonfederal portion of targeted case | 39242 |
management costs to the Department of Mental Retardation and | 39243 |
Developmental Disabilities. Notwithstanding any other provision of | 39244 |
law to the contrary, county boards of mental retardation and | 39245 |
developmental disabilities may pledge funds from any appropriation | 39246 |
line item to pay for the nonfederal costs of targeted case | 39247 |
management. The Director of Mental Retardation and Developmental | 39248 |
Disabilities shall withhold any amount owed to the department from | 39249 |
subsequent disbursements from any appropriation line item or money | 39250 |
otherwise due to a nonpaying county. The Director of Mental | 39251 |
Retardation and Developmental Disabilities may transfer cash, | 39252 |
through intrastate transfer vouchers, from any Department of | 39253 |
Mental Retardation and Developmental Disabilities appropriation | 39254 |
line item to Fund 5DJ. | 39255 |
The Director of Budget and Management may increase the | 39256 |
appropriation level of the Department of Job and Family Services | 39257 |
appropriation item 600-671, Medicaid Program Support, by | 39258 |
$9,340,000 in fiscal year 2006 and by $20,280,000 in fiscal year | 39259 |
2007. The Director may then increase the appropriation level for | 39260 |
the Department of Job and Family Services Fund 3F0, appropriation | 39261 |
item 600-623, Health Care Federal, by the corresponding federal | 39262 |
amount in fiscal year 2006 and fiscal year 2007. | 39263 |
Sec. 209.09.18. RESIDENTIAL FACILITIES | 39264 |
General Revenue Fund | 39265 |
GRF | 323-321 | Residential Facilities | $ | 101,764,366 | $ | 100,457,600 | 39266 | ||||
Operations | 39267 | ||||||||||
TOTAL GRF General Revenue Fund | $ | 101,764,366 | $ | 100,457,600 | 39268 |
General Services Fund Group | 39269 |
152 | 323-609 | Residential Facilities | $ | 912,177 | $ | 912,177 | 39270 | ||||
Support | 39271 | ||||||||||
TOTAL GSF General Services | 39272 | ||||||||||
Fund Group | $ | 912,177 | $ | 912,177 | 39273 |
Federal Special Revenue Fund Group | 39274 |
3A4 | 323-605 | Developmental Center Operation Expenses | $ | 120,000,000 | $ | 120,000,000 | 39275 | ||||
325 | 323-608 | Foster Grandparent Program | $ | 575,000 | $ | 575,000 | 39276 | ||||
TOTAL FED Federal Special Revenue | 39277 | ||||||||||
Fund Group | $ | 120,575,000 | $ | 120,575,000 | 39278 |
State Special Revenue Fund Group | 39279 |
221 | 322-620 | Supplement Service Trust | $ | 150,000 | $ | 150,000 | 39280 | ||||
489 | 323-632 | Developmental Center Direct Care Support | $ | 12,125,628 | $ | 12,125,628 | 39281 | ||||
TOTAL SSR State Special Revenue | 39282 | ||||||||||
Fund Group | $ | 12,275,628 | $ | 12,275,628 | 39283 | ||||||
TOTAL ALL RESIDENTIAL FACILITIES | 39284 | ||||||||||
BUDGET FUND GROUPS | $ | 235,527,171 | $ | 234,220,405 | 39285 |
DEPARTMENT TOTAL | 39286 | ||||||||||
GENERAL REVENUE FUND | $ | 352,880,570 | $ | 353,397,967 | 39287 | ||||||
DEPARTMENT TOTAL | 39288 | ||||||||||
GENERAL SERVICES FUND GROUP | $ | 2,202,177 | $ | 1,612,177 | 39289 | ||||||
DEPARTMENT TOTAL | 39290 | ||||||||||
FEDERAL SPECIAL REVENUE FUND GROUP | $ | 652,727,850 | $ | 630,577,281 | 39291 | ||||||
DEPARTMENT TOTAL | 39292 | ||||||||||
STATE SPECIAL REVENUE FUND GROUP | $ | $ | 39293 | ||||||||
TOTAL DEPARTMENT OF MENTAL | 39294 | ||||||||||
RETARDATION AND DEVELOPMENTAL | 39295 | ||||||||||
DISABILITIES | $ | $ | 39296 |
Sec. 209.15. CRB MOTOR VEHICLE COLLISION REPAIR REGISTRATION | 39298 |
BOARD | 39299 |
General Service Fund Group | 39300 |
5H9 | 865-609 | Operating Expenses - CRB | $ | 325,047 | $ | 39301 | |||||
TOTAL GSF General Services | 39302 | ||||||||||
Fund Group | $ | 325,047 | $ | 39303 | |||||||
TOTAL ALL BUDGET FUND GROUPS | $ | 325,047 | $ | 39304 |
Sec. 209.18. DNR DEPARTMENT OF NATURAL RESOURCES | 39306 |
General Revenue Fund | 39307 |
GRF | 725-401 | Wildlife-GRF Central Support | $ | $ | 39308 | ||||||
GRF | 725-404 | Fountain Square Rental Payments - OBA | $ | 1,025,300 | $ | 1,092,000 | 39309 | ||||
GRF | 725-407 | Conservation Reserve Enhancement Program | $ | 1,000,000 | $ | 1,000,000 | 39310 | ||||
GRF | 725-413 | OPFC Lease Rental Payments | $ | 18,699,100 | $ | 20,962,800 | 39311 | ||||
GRF | 725-423 | Stream and Ground Water Gauging | $ | 311,910 | $ | 311,910 | 39312 | ||||
GRF | 725-425 | Wildlife License Reimbursement | $ | 646,319 | $ | 646,319 | 39313 | ||||
GRF | 725-456 | Canal Lands | $ | 332,859 | $ | 332,859 | 39314 | ||||
GRF | 725-502 | Soil and Water Districts | $ | 9,836,436 | $ | 9,836,436 | 39315 | ||||
GRF | 725-903 | Natural Resources General Obligation Debt Service | $ | 25,866,000 | $ | 24,359,100 | 39316 | ||||
GRF | 727-321 | Division of Forestry | $ | 8,541,511 | $ | 8,541,511 | 39317 | ||||
GRF | 728-321 | Division of Geological Survey | $ | 1,630,000 | $ | 1,630,000 | 39318 | ||||
GRF | 729-321 | Office of Information Technology | $ | 440,895 | $ | 440,895 | 39319 | ||||
GRF | 730-321 | Division of Parks and Recreation | $ | 37,874,841 | $ | 39,874,841 | 39320 | ||||
GRF | 731-321 | Office of Coastal Management | $ | 259,707 | $ | 259,707 | 39321 | ||||
GRF | 733-321 | Division of Water | $ | 3,257,619 | $ | 3,207,619 | 39322 | ||||
GRF | 736-321 | Division of Engineering | $ | 3,118,703 | $ | 3,118,703 | 39323 | ||||
GRF | 737-321 | Division of Soil and Water | $ | 4,074,788 | $ | 4,074,788 | 39324 | ||||
GRF | 738-321 | Division of Real Estate and Land Management | $ | 2,291,874 | $ | 2,291,874 | 39325 | ||||
GRF | 741-321 | Division of Natural Areas and Preserves | $ | 3,009,505 | $ | 3,009,505 | 39326 | ||||
GRF | 744-321 | Division of Mineral Resources Management | $ | 3,068,167 | $ | 3,068,167 | 39327 | ||||
TOTAL GRF General Revenue Fund | $ | $ | 39328 | ||||||||
126,600,534 | 129,424,034 | 39329 |
General Services Fund Group | 39330 |
155 | 725-601 | Departmental Projects | $ | 3,135,821 | $ | 3,011,726 | 39331 | ||||
157 | 725-651 | Central Support Indirect | $ | 6,528,675 | $ | 6,528,675 | 39332 | ||||
204 | 725-687 | Information Services | $ | 4,676,627 | $ | 4,676,627 | 39333 | ||||
206 | 725-689 | REALM Support Services | $ | 475,000 | $ | 475,000 | 39334 | ||||
207 | 725-690 | Real Estate Services | $ | 64,000 | $ | 64,000 | 39335 | ||||
223 | 725-665 | Law Enforcement Administration | $ | 2,096,225 | $ | 2,096,225 | 39336 | ||||
227 | 725-406 | Parks Projects Personnel | $ | 175,000 | $ | 110,000 | 39337 | ||||
4D5 | 725-618 | Recycled Materials | $ | 50,000 | $ | 50,000 | 39338 | ||||
4S9 | 725-622 | NatureWorks Personnel | $ | 472,648 | $ | 307,648 | 39339 | ||||
4X8 | 725-662 | Water Resources Council | $ | 125,000 | $ | 125,000 | 39340 | ||||
430 | 725-671 | Canal Lands | $ | 797,582 | $ | 847,582 | 39341 | ||||
508 | 725-684 | Natural Resources Publications | $ | 157,792 | $ | 157,792 | 39342 | ||||
510 | 725-631 | Maintenance - State-owned Residences | $ | 260,849 | $ | 260,849 | 39343 | ||||
516 | 725-620 | Water Management | $ | 2,442,956 | $ | 2,459,120 | 39344 | ||||
635 | 725-664 | Fountain Square Facilities Management | $ | 3,182,223 | $ | 3,190,223 | 39345 | ||||
697 | 725-670 | Submerged Lands | $ | 542,011 | $ | 542,011 | 39346 | ||||
TOTAL GSF General Services | 39347 | ||||||||||
Fund Group | $ | 25,182,409 | $ | 24,902,478 | 39348 |
Federal Special Revenue Fund Group | 39349 |
3B3 | 725-640 | Federal Forest Pass-Thru | $ | 150,000 | $ | 150,000 | 39350 | ||||
3B4 | 725-641 | Federal Flood Pass-Thru | $ | 350,000 | $ | 350,000 | 39351 | ||||
3B5 | 725-645 | Federal Abandoned Mine Lands | $ | 14,310,497 | $ | 14,307,666 | 39352 | ||||
3B6 | 725-653 | Federal Land and Water Conservation Grants | $ | 5,000,000 | $ | 5,000,000 | 39353 | ||||
3B7 | 725-654 | Reclamation - Regulatory | $ | 2,107,292 | $ | 2,107,291 | 39354 | ||||
3P0 | 725-630 | Natural Areas and Preserves - Federal | $ | 315,000 | $ | 315,000 | 39355 | ||||
3P1 | 725-632 | Geological Survey - Federal | $ | 479,651 | $ | 479,651 | 39356 | ||||
3P2 | 725-642 | Oil and Gas-Federal | $ | 362,933 | $ | 367,912 | 39357 | ||||
3P3 | 725-650 | Coastal Management - Federal | $ | 1,592,923 | $ | 1,607,686 | 39358 | ||||
3P4 | 725-660 | Water - Federal | $ | 419,766 | $ | 420,525 | 39359 | ||||
3R5 | 725-673 | Acid Mine Drainage Abatement/Treatment | $ | 2,225,000 | $ | 2,225,000 | 39360 | ||||
3Z5 | 725-657 | REALM-Federal | $ | 1,578,871 | $ | 1,578,871 | 39361 | ||||
328 | 725-603 | Forestry Federal | $ | 1,813,827 | $ | 2,228,081 | 39362 | ||||
332 | 725-669 | Federal Mine Safety Grant | $ | 258,102 | $ | 258,102 | 39363 | ||||
TOTAL FED Federal Special Revenue | 39364 | ||||||||||
Fund Group | $ | 30,963,862 | $ | 31,395,785 | 39365 |
State Special Revenue Fund Group | 39366 |
4J2 | 725-628 | Injection Well Review | $ | 93,957 | $ | 79,957 | 39367 | ||||
4M7 | 725-631 | Wildfire Suppression | $ | 100,000 | $ | 100,000 | 39368 | ||||
4U6 | 725-668 | Scenic Rivers Protection | $ | 407,100 | $ | 407,100 | 39369 | ||||
5BV | 725-683 | Soil and Water Districts | $ | 1,850,000 | $ | 1,850,000 | 39370 | ||||
5B3 | 725-674 | Mining Regulation | $ | 28,850 | $ | 28,850 | 39371 | ||||
39372 | |||||||||||
5P2 | 725-634 | Wildlife Boater Angler Administration | $ | 4,200,000 | $ | 3,500,000 | 39373 | ||||
509 | 725-602 | State Forest | $ | 2,291,664 | $ | 2,591,664 | 39374 | ||||
511 | 725-646 | Ohio Geological Mapping | $ | 549,310 | $ | 549,310 | 39375 | ||||
512 | 725-605 | State Parks Operations | $ | 26,814,288 | $ | 26,814,288 | 39376 | ||||
512 | 725-680 | Parks Facilities Maintenance | $ | 2,576,240 | $ | 2,576,240 | 39377 | ||||
514 | 725-606 | Lake Erie Shoreline | $ | 612,075 | $ | 657,113 | 39378 | ||||
518 | 725-643 | Oil and Gas Permit Fees | $ | 2,674,377 | $ | 2,674,378 | 39379 | ||||
518 | 725-677 | Oil and Gas Well Plugging | $ | 1,200,000 | $ | 1,200,000 | 39380 | ||||
521 | 725-627 | Off-Road Vehicle Trails | $ | 143,490 | $ | 143,490 | 39381 | ||||
522 | 725-656 | Natural Areas Checkoff Funds | $ | 1,550,670 | $ | 1,550,670 | 39382 | ||||
526 | 725-610 | Strip Mining Administration Fee | $ | 1,932,492 | $ | 1,932,492 | 39383 | ||||
527 | 725-637 | Surface Mining Administration | $ | 2,312,815 | $ | 2,322,702 | 39384 | ||||
529 | 725-639 | Unreclaimed Land Fund | $ | 623,356 | $ | 631,257 | 39385 | ||||
531 | 725-648 | Reclamation Forfeiture | $ | 2,061,861 | $ | 2,062,237 | 39386 | ||||
532 | 725-644 | Litter Control and Recycling | $ | 7,100,000 | $ | 7,100,000 | 39387 | ||||
586 | 725-633 | Scrap Tire Program | $ | 1,000,000 | $ | 1,000,000 | 39388 | ||||
615 | 725-661 | Dam Safety | $ | 365,223 | $ | 365,223 | 39389 | ||||
TOTAL SSR State Special Revenue | 39390 | ||||||||||
Fund Group | $ | 60,487,768 | $ | 60,136,971 | 39391 |
Clean Ohio Fund Group | 39392 |
061 | 725-405 | Clean Ohio Operating | $ | 155,000 | $ | 155,000 | 39393 | ||||
TOTAL CLF Clean Ohio Fund Group | $ | 155,000 | $ | 155,000 | 39394 |
Wildlife Fund Group | 39395 |
015 | 740-401 | Division of Wildlife Conservation | $ | 49,447,500 | $ | 50,447,500 | 39396 | ||||
815 | 725-636 | Cooperative Management Projects | $ | 120,449 | $ | 120,449 | 39397 | ||||
816 | 725-649 | Wetlands Habitat | $ | 966,885 | $ | 966,885 | 39398 | ||||
817 | 725-655 | Wildlife Conservation Checkoff Fund | $ | 5,000,000 | $ | 5,000,000 | 39399 | ||||
818 | 725-629 | Cooperative Fisheries Research | $ | 1,500,000 | $ | 1,500,000 | 39400 | ||||
819 | 725-685 | Ohio River Management | $ | 128,584 | $ | 128,584 | 39401 | ||||
TOTAL WLF Wildlife Fund Group | $ | 57,163,418 | $ | 58,163,418 | 39402 |
Waterways Safety Fund Group | 39403 |
086 | 725-414 | Waterways Improvement | $ | 3,792,343 | $ | 3,792,343 | 39404 | ||||
086 | 725-418 | Buoy Placement | $ | 52,182 | $ | 52,182 | 39405 | ||||
086 | 725-501 | Waterway Safety Grants | $ | 137,867 | $ | 137,867 | 39406 | ||||
086 | 725-506 | Watercraft Marine Patrol | $ | 576,153 | $ | 576,153 | 39407 | ||||
086 | 725-513 | Watercraft Educational Grants | $ | 366,643 | $ | 366,643 | 39408 | ||||
086 | 739-401 | Division of Watercraft | $ | 20,027,909 | $ | 20,086,681 | 39409 | ||||
5AW | 725-682 | Watercraft Revolving Loans | $ | 3,000,000 | $ | 1,000,000 | 39410 | ||||
TOTAL WSF Waterways Safety Fund | 39411 | ||||||||||
Group | $ | 27,953,097 | $ | 26,011,869 | 39412 |
Holding Account Redistribution Fund Group | 39413 |
R17 | 725-659 | Performance Cash Bond Refunds | $ | 374,263 | $ | 374,263 | 39414 | ||||
R43 | 725-624 | Forestry | $ | 2,500,000 | $ | 1,500,000 | 39415 | ||||
TOTAL 090 Holding Account | 39416 | ||||||||||
Redistribution Fund Group | $ | 2,874,263 | $ | 1,874,263 | 39417 |
Accrued Leave Liability Fund Group | 39418 |
4M8 | 725-675 | FOP Contract | $ | 20,844 | $ | 20,844 | 39419 | ||||
TOTAL ALF Accrued Leave | 39420 | ||||||||||
Liability Fund Group | $ | 20,844 | $ | 20,844 | 39421 | ||||||
TOTAL ALL BUDGET FUND GROUPS | $ | $ | 39422 | ||||||||
331,401,195 | 332,084,662 | 39423 |
Sec. 209.18.09. WILDLIFE LICENSE REIMBURSEMENT | 39425 |
Notwithstanding the limits of the transfer from the General | 39426 |
Revenue Fund to the Wildlife Fund, as adopted in section 1533.15 | 39427 |
of the Revised Code, up to the amount available in appropriation | 39428 |
item 725-425, Wildlife License Reimbursement, may be transferred | 39429 |
from the General Revenue Fund to the Wildlife Fund (Fund 015). | 39430 |
Pursuant to the certification of the Director of Budget and | 39431 |
Management of the amount of foregone revenue in accordance with | 39432 |
section 1533.15 of the Revised Code, the foregoing appropriation | 39433 |
item in the General Revenue Fund, appropriation item 725-425, | 39434 |
Wildlife License Reimbursement, shall be used to reimburse the | 39435 |
Wildlife Fund (Fund 015) for the cost of hunting and fishing | 39436 |
licenses and permits issued after June 30, 1990, to individuals | 39437 |
who are exempted under the Revised Code from license, permit, and | 39438 |
stamp fees. | 39439 |
CANAL LANDS | 39440 |
The foregoing appropriation item 725-456, Canal Lands, shall | 39441 |
be used to transfer funds to the Canal Lands Fund (Fund 430) to | 39442 |
provide operating expenses for the State Canal Lands Program. The | 39443 |
transfer shall be made using an intrastate transfer voucher and | 39444 |
shall be subject to the approval of the Director of Budget and | 39445 |
Management. | 39446 |
SOIL AND WATER DISTRICTS | 39447 |
In addition to state payments to soil and water conservation | 39448 |
districts authorized by section 1515.10 of the Revised Code, the | 39449 |
Department of Natural Resources may pay to any soil and water | 39450 |
conservation district, from authority in appropriation item | 39451 |
725-502, Soil and Water Districts, an annual amount not to exceed | 39452 |
$30,000, upon receipt of a request and justification from the | 39453 |
district and approval by the Ohio Soil and Water Conservation | 39454 |
Commission. The county auditor shall credit the payments to the | 39455 |
special fund established under section 1515.10 of the Revised Code | 39456 |
for the local soil and water conservation district. Moneys | 39457 |
received by each district shall be expended for the purposes of | 39458 |
the district. The foregoing appropriation item 725-683, Soil and | 39459 |
Water Districts, shall be expended for the purposes described | 39460 |
above, except that the funding source for this appropriation shall | 39461 |
be a fee applied on the disposal of construction and demolition | 39462 |
debris as provided in section 1515.14 of the Revised Code, as | 39463 |
amended by | 39464 |
Assembly. | 39465 |
Of the foregoing appropriation item 725-502, Soil and Water | 39466 |
Districts, $25,000 in each fiscal year shall be used for the | 39467 |
Conservation Action Project. | 39468 |
Of the foregoing appropriation item, 725-683, Soil and Water | 39469 |
Districts, $200,000 in each fiscal year shall be used to support | 39470 |
the Heidelberg College Water Quality Laboratory. | 39471 |
Of the foregoing appropriation item 725-683, Soil and Water | 39472 |
Districts, $100,000 in each fiscal year shall be used to support | 39473 |
the Muskingum Watershed Conservancy District. | 39474 |
Of the foregoing appropriation item 725-683, Soil and Water | 39475 |
Districts, $100,000 in each fiscal year shall be used to support | 39476 |
the Indian Lake Watershed in Logan County. | 39477 |
DIVISION OF WATER | 39478 |
Of the foregoing appropriation item 733-321, Division of | 39479 |
Water, $50,000 in fiscal year 2006 shall be used for the Fairport | 39480 |
Harbor Port Authority boat launch in Lake County. | 39481 |
FUND CONSOLIDATION | 39482 |
The Director of Budget and Management shall transfer an | 39483 |
amount certified by the Director of Natural Resources from the | 39484 |
Central Support Indirect Fund (Fund 157) to the Law Enforcement | 39485 |
Administration Fund (Fund 223) and the Information Services Fund | 39486 |
(Fund 204) to implement a direct cost recovery plan. | 39487 |
STATE PARK DEPRECIATION RESERVE | 39488 |
The foregoing appropriation item 725-680, Parks Facilities | 39489 |
Maintenance, shall be used by the Division of Parks and Recreation | 39490 |
to maintain state park revenue producing facilities in the best | 39491 |
economic operating condition and to repair and replace equipment | 39492 |
used in the operation of state park revenue producing facilities. | 39493 |
Upon certification of the Director of Natural Resources, the | 39494 |
Director of Budget and Management shall transfer the cash balance | 39495 |
in the Depreciation Reserve Fund (Fund 161), which is abolished in | 39496 |
section 1541.221 of the Revised Code, as amended by | 39497 |
Sub. H.B. 66 of the 126th General Assembly, to the State Park Fund | 39498 |
(Fund 512), which is created in section 1541.22 of the Revised | 39499 |
Code. All outstanding encumbrances shall be | 39500 |
October 1, 2005. | 39501 |
OIL AND GAS WELL PLUGGING | 39502 |
The foregoing appropriation item 725-677, Oil and Gas Well | 39503 |
Plugging, shall be used exclusively for the purposes of plugging | 39504 |
wells and to properly restore the land surface of idle and orphan | 39505 |
oil and gas wells pursuant to section 1509.071 of the Revised | 39506 |
Code. No funds from the appropriation item shall be used for | 39507 |
salaries, maintenance, equipment, or other administrative | 39508 |
purposes, except for those costs directly attributed to the | 39509 |
plugging of an idle or orphan well. Appropriation authority from | 39510 |
this appropriation item shall not be transferred to any other fund | 39511 |
or line item. | 39512 |
LITTER CONTROL AND RECYCLING | 39513 |
Of the foregoing appropriation item, 725-644, Litter Control | 39514 |
and Recycling, not more than $1,500,000 may be used in each fiscal | 39515 |
year for the administration of the Recycling and Litter Prevention | 39516 |
program. | 39517 |
CLEAN OHIO OPERATING EXPENSES | 39518 |
The foregoing appropriation item 725-405, Clean Ohio | 39519 |
Operating, shall be used by the Department of Natural Resources in | 39520 |
administering section 1519.05 of the Revised Code. | 39521 |
WATERCRAFT MARINE PATROL | 39522 |
Of the foregoing appropriation item 739-401, Division of | 39523 |
Watercraft, not more than $200,000 in each fiscal year shall be | 39524 |
expended for the purchase of equipment for marine patrols | 39525 |
qualifying for funding from the Department of Natural Resources | 39526 |
pursuant to section 1547.67 of the Revised Code. Proposals for | 39527 |
equipment shall accompany the submission of documentation for | 39528 |
receipt of a marine patrol subsidy pursuant to section 1547.67 of | 39529 |
the Revised Code and shall be loaned to eligible marine patrols | 39530 |
pursuant to a cooperative agreement between the Department of | 39531 |
Natural Resources and the eligible marine patrol. | 39532 |
WATERCRAFT REVOLVING LOAN PROGRAM | 39533 |
Upon certification by the Director of Natural Resources, the | 39534 |
Director of Budget and Management shall transfer an amount not to | 39535 |
exceed $3,000,000 in fiscal year 2006 and not to exceed $1,000,000 | 39536 |
in fiscal year 2007 so certified from the Waterways Safety Fund | 39537 |
(Fund 086) to the Watercraft Revolving Loans Fund (Fund 5AW). The | 39538 |
moneys shall be used pursuant to section 1547.721 of the Revised | 39539 |
Code. | 39540 |
PARKS CAPITAL EXPENSES FUND | 39541 |
There is hereby created in the state treasury the Parks | 39542 |
Capital Expenses Fund (Fund 227). The fund shall be used to pay | 39543 |
for design, engineering, and planning costs incurred by the | 39544 |
Department of Natural Resources for capital parks projects. | 39545 |
The Director of Natural Resources shall submit to the | 39546 |
Director of Budget and Management the estimated design, | 39547 |
engineering, and planning costs of capital-related work to be done | 39548 |
by Department of Natural Resources staff for parks projects. If | 39549 |
the Director of Budget and Management approves the estimated | 39550 |
costs, the Director may release appropriations from appropriation | 39551 |
item 725-406, Parks Projects Personnel, for those purposes. Upon | 39552 |
release of the appropriations, the Department of Natural Resources | 39553 |
shall pay for these expenses from the Parks Capital Expenses Fund | 39554 |
(Fund 227). Expenses paid from Fund 227 shall be reimbursed by the | 39555 |
Parks and Recreation Improvement Fund (Fund 035) using an | 39556 |
intrastate transfer voucher. In fiscal year 2006 the Director of | 39557 |
Budget and Management shall transfer, using an intrastate transfer | 39558 |
voucher, $20,000 from the Parks and Recreation Improvement Fund | 39559 |
(Fund 035) to the Parks Capital Expenses Fund (Fund 227). | 39560 |
Sec. 209.24. PYT OCCUPATIONAL THERAPY, PHYSICAL THERAPY, AND | 39561 |
ATHLETIC TRAINERS BOARD | 39562 |
General Services Fund Group | 39563 |
4K9 | 890-609 | Operating Expenses | $ | 824,057 | $ | 39564 | |||||
TOTAL GSF General Services Fund Group | $ | 824,057 | $ | 39565 | |||||||
TOTAL ALL BUDGET FUND GROUPS | $ | 824,057 | $ | 39566 |
Sec. 209.30. ODB OHIO OPTICAL DISPENSERS BOARD | 39568 |
General Services Fund Group | 39569 |
4K9 | 894-609 | Operating Expenses | $ | 316,517 | $ | 39570 | |||||
TOTAL GSF General Services | 39571 | ||||||||||
Fund Group | $ | 316,517 | $ | 39572 | |||||||
TOTAL ALL BUDGET FUND GROUPS | $ | 316,517 | $ | 39573 |
Sec. 209.33. OPT STATE BOARD OF OPTOMETRY | 39575 |
General Services Fund Group | 39576 |
4K9 | 885-609 | Operating Expenses | $ | 336,771 | $ | 39577 | |||||
TOTAL GSF General Services | 39578 | ||||||||||
Fund Group | $ | 336,771 | $ | 39579 | |||||||
TOTAL ALL BUDGET FUND GROUPS | $ | 336,771 | $ | 39580 |
Sec. 209.36. OPP STATE BOARD OF ORTHOTICS, PROSTHETICS, AND | 39582 |
PEDORTHICS | 39583 |
General Services Fund Group | 39584 |
4K9 | 973-609 | Operating Expenses | $ | 99,571 | $ | 39585 | |||||
TOTAL GSF General Services | 39586 | ||||||||||
Fund Group | $ | 99,571 | $ | 39587 | |||||||
TOTAL ALL BUDGET FUND GROUPS | $ | 99,571 | $ | 39588 |
Sec. 209.45. PSY STATE BOARD OF PSYCHOLOGY | 39589 |
General Services Fund Group | 39590 |
4K9 | 882-609 | Operating Expenses | $ | 566,112 | $ | 39591 | |||||
TOTAL GSF General Services | 39592 | ||||||||||
Fund Group | $ | 566,112 | $ | 39593 | |||||||
TOTAL ALL BUDGET FUND GROUPS | $ | 566,112 | $ | 39594 |
Sec. 209.63. BOR BOARD OF REGENTS | 39596 |
General Revenue Fund | 39597 |
GRF | 235-321 | Operating Expenses | $ | 2,897,659 | $ | 2,966,351 | 39598 | ||||
GRF | 235-401 | Lease Rental Payments | $ | 200,619,200 | $ | 200,795,300 | 39599 | ||||
GRF | 235-402 | Sea Grants | $ | 231,925 | $ | 231,925 | 39600 | ||||
GRF | 235-406 | Articulation and Transfer | $ | 2,900,000 | $ | 2,900,000 | 39601 | ||||
GRF | 235-408 | Midwest Higher Education Compact | $ | 90,000 | $ | 90,000 | 39602 | ||||
GRF | 235-409 | Information System | $ | 1,146,510 | $ | 1,175,172 | 39603 | ||||
GRF | 235-414 | State Grants and Scholarship Administration | $ | 1,352,811 | $ | 1,382,881 | 39604 | ||||
GRF | 235-415 | Jobs Challenge | $ | 9,348,300 | $ | 9,348,300 | 39605 | ||||
GRF | 235-417 | Ohio Learning Network | $ | 3,119,496 | $ | 3,119,496 | 39606 | ||||
GRF | 235-418 | Access Challenge | $ | 73,513,302 | $ | 73,004,671 | 39607 | ||||
GRF | 235-420 | Success Challenge | $ | 52,601,934 | $ | 52,601,934 | 39608 | ||||
GRF | 235-428 | Appalachian New Economy Partnership | $ | 1,176,068 | $ | 1,176,068 | 39609 | ||||
GRF | 235-433 | Economic Growth Challenge | $ | 20,343,097 | $ | 23,186,194 | 39610 | ||||
GRF | 235-434 | College Readiness and Access | $ | 6,375,975 | $ | 7,655,425 | 39611 | ||||
GRF | 235-435 | Teacher Improvement Initiatives | $ | 2,697,506 | $ | 2,697,506 | 39612 | ||||
GRF | 235-451 | Eminent Scholars | $ | 0 | $ | 1,370,988 | 39613 | ||||
GRF | 235-455 | EnterpriseOhio Network | $ | 1,373,941 | $ | 1,373,941 | 39614 | ||||
GRF | 235-474 | Area Health Education Centers Program Support | $ | 1,571,756 | $ | 1,571,756 | 39615 | ||||
GRF | 235-501 | State Share of Instruction | $ | 1,559,096,031 | $ | 1,589,096,031 | 39616 | ||||
GRF | 235-502 | Student Support Services | $ | 795,790 | $ | 795,790 | 39617 | ||||
GRF | 235-503 | Ohio Instructional Grants | $ | 121,151,870 | $ | 92,496,969 | 39618 | ||||
GRF | 235-504 | War Orphans Scholarships | $ | 4,672,321 | $ | 4,672,321 | 39619 | ||||
GRF | 235-507 | OhioLINK | $ | 6,887,824 | $ | 6,887,824 | 39620 | ||||
GRF | 235-508 | Air Force Institute of Technology | $ | 1,925,345 | $ | 1,925,345 | 39621 | ||||
GRF | 235-510 | Ohio Supercomputer Center | $ | 4,271,195 | $ | 4,271,195 | 39622 | ||||
GRF | 235-511 | Cooperative Extension Service | $ | 25,644,863 | $ | 25,644,863 | 39623 | ||||
GRF | 235-513 | Ohio University Voinovich Center | $ | 336,082 | $ | 336,082 | 39624 | ||||
GRF | 235-515 | Case Western Reserve University School of Medicine | $ | 3,011,271 | $ | 3,011,271 | 39625 | ||||
GRF | 235-518 | Capitol Scholarship Program | $ | 125,000 | $ | 125,000 | 39626 | ||||
GRF | 235-519 | Family Practice | $ | 4,548,470 | $ | 4,548,470 | 39627 | ||||
GRF | 235-520 | Shawnee State Supplement | $ | 1,918,830 | $ | 1,822,889 | 39628 | ||||
GRF | 235-521 | The Ohio State University Glenn Institute | $ | 286,082 | $ | 286,082 | 39629 | ||||
GRF | 235-524 | Police and Fire Protection | $ | 171,959 | $ | 171,959 | 39630 | ||||
GRF | 235-525 | Geriatric Medicine | $ | 750,110 | $ | 750,110 | 39631 | ||||
GRF | 235-526 | Primary Care Residencies | $ | 2,245,688 | $ | 2,245,688 | 39632 | ||||
GRF | 235-527 | Ohio Aerospace Institute | $ | 1,764,957 | $ | 1,764,957 | 39633 | ||||
GRF | 235-530 | Academic Scholarships | $ | 7,800,000 | $ | 7,800,000 | 39634 | ||||
GRF | 235-531 | Student Choice Grants | $ | 50,853,276 | $ | 52,985,376 | 39635 | ||||
GRF | 235-534 | Student Workforce Development Grants | $ | 2,137,500 | $ | 2,137,500 | 39636 | ||||
GRF | 235-535 | Ohio Agricultural Research and Development Center | $ | 35,955,188 | $ | 35,955,188 | 39637 | ||||
GRF | 235-536 | The Ohio State University Clinical Teaching | $ | 13,565,885 | $ | 13,565,885 | 39638 | ||||
GRF | 235-537 | University of Cincinnati Clinical Teaching | $ | 11,157,756 | $ | 11,157,756 | 39639 | ||||
GRF | 235-538 | Medical University of Ohio at Toledo Clinical Teaching | $ | 8,696,866 | $ | 8,696,866 | 39640 | ||||
GRF | 235-539 | Wright State University Clinical Teaching | $ | 4,225,107 | $ | 4,225,107 | 39641 | ||||
GRF | 235-540 | Ohio University Clinical Teaching | $ | 4,084,540 | $ | 4,084,540 | 39642 | ||||
GRF | 235-541 | Northeastern Ohio Universities College of Medicine Clinical Teaching | $ | 4,200,945 | $ | 4,200,945 | 39643 | ||||
GRF | 235-543 | Ohio College of Podiatric Medicine Clinic Subsidy | $ | 250,000 | $ | 250,000 | 39644 | ||||
GRF | 235-547 | School of International Business | $ | 450,000 | $ | 450,000 | 39645 | ||||
GRF | 235-549 | Part-time Student Instructional Grants | $ | 14,457,721 | $ | 10,534,617 | 39646 | ||||
GRF | 235-552 | Capital Component | $ | $ | 39647 | ||||||
GRF | 235-553 | Dayton Area Graduate Studies Institute | $ | 2,806,599 | $ | 2,806,599 | 39648 | ||||
GRF | 235-554 | Priorities in Collaborative Graduate Education | $ | 2,355,548 | $ | 2,355,548 | 39649 | ||||
GRF | 235-555 | Library Depositories | $ | 1,696,458 | $ | 1,696,458 | 39650 | ||||
GRF | 235-556 | Ohio Academic Resources Network | $ | 3,727,223 | $ | 3,727,223 | 39651 | ||||
GRF | 235-558 | Long-term Care Research | $ | 211,047 | $ | 211,047 | 39652 | ||||
GRF | 235-561 | Bowling Green State University Canadian Studies Center | $ | 100,015 | $ | 100,015 | 39653 | ||||
GRF | 235-563 | Ohio College Opportunity Grant | $ | 0 | $ | 58,144,139 | 39654 | ||||
GRF | 235-572 | The Ohio State University Clinic Support | $ | 1,277,019 | $ | 1,277,019 | 39655 | ||||
GRF | 235-583 | Urban University Program | $ | 4,992,937 | $ | 4,992,937 | 39656 | ||||
GRF | 235-587 | Rural University Projects | $ | 1,147,889 | $ | 1,147,889 | 39657 | ||||
GRF | 235-596 | Hazardous Materials Program | $ | 360,435 | $ | 360,435 | 39658 | ||||
GRF | 235-599 | National Guard Scholarship Program | $ | 15,128,472 | $ | 16,611,063 | 39659 | ||||
GRF | 235-909 | Higher Education General Obligation Debt Service | $ | 137,600,300 | $ | 152,114,100 | 39660 | ||||
TOTAL GRF General Revenue Fund | $ | |
$ | 39661 |
General Services Fund Group | 39662 |
220 | 235-614 | Program Approval and Reauthorization | $ | 400,000 | $ | 400,000 | 39663 | ||||
456 | 235-603 | Sales and Services | $ | 700,000 | $ | 900,000 | 39664 | ||||
TOTAL GSF General Services | 39665 | ||||||||||
Fund Group | $ | 1,100,000 | $ | 1,300,000 | 39666 |
Federal Special Revenue Fund Group | 39667 |
3H2 | 235-608 | Human Services Project | $ | 1,500,000 | $ | 1,500,000 | 39668 | ||||
3H2 | 235-622 | Medical Collaboration Network | $ | 3,346,143 | $ | 3,346,143 | 39669 | ||||
3N6 | 235-605 | State Student Incentive Grants | $ | 2,196,680 | $ | 2,196,680 | 39670 | ||||
3T0 | 235-610 | National Health Service Corps - Ohio Loan Repayment | $ | 150,001 | $ | 150,001 | 39671 | ||||
312 | 235-609 | Tech Prep | $ | 183,850 | $ | 183,850 | 39672 | ||||
312 | 235-611 | Gear-up Grant | $ | 1,370,691 | $ | 1,370,691 | 39673 | ||||
312 | 235-612 | Carl D. Perkins Grant/Plan Administration | $ | 112,960 | $ | 112,960 | 39674 | ||||
312 | 235-615 | Professional Development | $ | 523,129 | $ | 523,129 | 39675 | ||||
312 | 235-617 | Improving Teacher Quality Grant | $ | 2,900,000 | $ | 2,900,000 | 39676 | ||||
312 | 235-619 | Ohio Supercomputer Center | $ | 6,000,000 | $ | 6,000,000 | 39677 | ||||
312 | 235-621 | Science Education Network | $ | 1,686,970 | $ | 1,686,970 | 39678 | ||||
312 | 235-631 | Federal Grants | $ | 250,590 | $ | 250,590 | 39679 | ||||
TOTAL FED Federal Special Revenue | 39680 | ||||||||||
Fund Group | $ | 20,221,014 | $ | 20,221,014 | 39681 |
State Special Revenue Fund Group | 39682 |
4E8 | 235-602 | Higher Educational Facility Commission Administration | $ | 55,000 | $ | 55,000 | 39683 | ||||
4P4 | 235-604 | Physician Loan Repayment | $ | 476,870 | $ | 476,870 | 39684 | ||||
649 | 235-607 | The Ohio State University Highway/Transportation Research | $ | 760,000 | $ | 760,000 | 39685 | ||||
682 | 235-606 | Nursing Loan Program | $ | 893,000 | $ | 893,000 | 39686 | ||||
TOTAL SSR State Special Revenue | 39687 | ||||||||||
Fund Group | $ | 2,184,870 | $ | 2,184,870 | 39688 | ||||||
TOTAL ALL BUDGET FUND GROUPS | $ | |
$ | 39689 |
Sec. 209.63.42. COLLEGE READINESS AND ACCESS | 39691 |
Appropriation item 235-434, College Readiness and Access, | 39692 |
shall be used by the Board of Regents to support programs designed | 39693 |
to improve the academic preparation and increase the number of | 39694 |
students that enroll and succeed in higher education such as the | 39695 |
Ohio College Access Network, the state match for the federal | 39696 |
Gaining Early Awareness and Readiness for Undergraduate Program, | 39697 |
and early awareness initiatives. The appropriation item shall also | 39698 |
be used to support innovative statewide strategies to increase | 39699 |
student access and retention for specialized populations, and to | 39700 |
provide for pilot projects that will contribute to improving | 39701 |
access to higher education by specialized populations. The funds | 39702 |
may be used for projects that improve access for nonpublic | 39703 |
secondary students. | 39704 |
Of the foregoing appropriation item 235-434, College | 39705 |
Readiness and Access, $798,684 in fiscal year 2006 and $822,645 in | 39706 |
fiscal year 2007 shall be distributed to the Ohio Appalachian | 39707 |
Center for Higher Education at Shawnee State University. The board | 39708 |
of directors of the Center shall consist of the presidents of | 39709 |
Shawnee State University, | 39710 |
College, Hocking College, Jefferson Community College, Zane State | 39711 |
College, Rio Grande Community College, Southern State Community | 39712 |
College, and Washington State Community College; the president of | 39713 |
Ohio University or a designee of the president; the dean of one of | 39714 |
the Salem, Tuscarawas, and East Liverpool regional campuses of | 39715 |
Kent State University, as designated by the president of Kent | 39716 |
State University; and a representative of the Board of Regents | 39717 |
designated by the Chancellor. | 39718 |
Of the foregoing appropriation item 235-434, College | 39719 |
Readiness and Access, $169,553 in fiscal year 2006 and $174,640 in | 39720 |
fiscal year 2007 shall be distributed to Miami University for the | 39721 |
Student Achievement in Research and Scholarship (STARS) Program. | 39722 |
Of the foregoing appropriation item 235-434, College | 39723 |
Readiness and Access, $1,574,535 in fiscal year 2006 and | 39724 |
$2,753,985 in fiscal year 2007 shall be used in conjunction with | 39725 |
funding provided in the Ohio Department of Education budget under | 39726 |
appropriation item 200-431, School Improvement Initiatives, to | 39727 |
support the Early College High School Pilot Program. The funds | 39728 |
shall be distributed according to guidelines established by the | 39729 |
Department of Education and the Board of Regents. | 39730 |
Sec. 209.64.60. RURAL UNIVERSITY PROJECTS | 39731 |
Of the foregoing appropriation item 235-587, Rural University | 39732 |
Projects, Bowling Green State University shall receive $263,783 in | 39733 |
each fiscal year, Miami University shall receive $245,320 in each | 39734 |
fiscal year, and Ohio University shall receive $575,015 in each | 39735 |
fiscal year. These funds shall be used to support the Institute | 39736 |
for Local Government Administration and Rural Development at Ohio | 39737 |
University, the Center for Public Management and Regional Affairs | 39738 |
at Miami
University, and the Center for | 39739 |
39740 |
A small portion of the funds provided to Ohio University | 39741 |
shall also be used for the Institute for Local Government | 39742 |
Administration and Rural Development State and Rural Policy | 39743 |
Partnership with the Governor's Office of Appalachia and the | 39744 |
Appalachian delegation of the General Assembly. | 39745 |
Of the foregoing appropriation item 235-587, Rural University | 39746 |
Projects, $15,942 in each fiscal year shall be used to support the | 39747 |
Washington State Community College day care center. | 39748 |
Of the foregoing appropriation item 235-587, Rural University | 39749 |
Projects, $47,829 in each fiscal year shall be used to support the | 39750 |
COAD/ILGARD/GOA Appalachian Leadership Initiative. | 39751 |
Sec. 209.75. RCB RESPIRATORY CARE BOARD | 39752 |
General Services Fund Group | 39753 |
4K9 | 872-609 | Operating Expenses | $ | 441,987 | $ | 39754 | |||||
TOTAL GSF General Services | 39755 | ||||||||||
Fund Group | $ | 441,987 | $ | 39756 | |||||||
TOTAL ALL BUDGET FUND GROUPS | $ | 441,987 | $ | 39757 |
Sec. 209.81. SAN BOARD OF SANITARIAN REGISTRATION | 39759 |
General Services Fund Group | 39760 |
4K9 | 893-609 | Operating Expenses | $ | 134,279 | $ | 39761 | |||||
TOTAL GSF General Services | 39762 | ||||||||||
Fund Group | $ | 134,279 | $ | 39763 | |||||||
TOTAL ALL BUDGET FUND GROUPS | $ | 134,279 | $ | 39764 |
Sec. 209.90.06. EXTREME ENVIRONMENTAL CONTAMINATION OF | 39766 |
SCHOOL FACILITIES | 39767 |
Notwithstanding any other provision of law to the contrary, | 39768 |
the School Facilities Commission may provide assistance under the | 39769 |
Exceptional Needs School Facilities Program established in section | 39770 |
3318.37 of the Revised Code to any school district, and not | 39771 |
exclusively to a school district in
the lowest | 39772 |
per cent of adjusted valuation per pupil on the current ranking of | 39773 |
school districts established under section 3317.02 of the Revised | 39774 |
Code, for the purpose of the relocation or replacement of school | 39775 |
facilities required as a result of extreme environmental | 39776 |
contamination. | 39777 |
The School Facilities Commission shall contract with an | 39778 |
independent environmental consultant to conduct a study and to | 39779 |
report to the commission as to the seriousness of the | 39780 |
environmental contamination, whether the contamination violates | 39781 |
applicable state and federal standards, and whether the facilities | 39782 |
are no longer suitable for use as school facilities. The | 39783 |
commission then shall make a determination regarding funding for | 39784 |
the relocation or replacement of the school facilities. If the | 39785 |
federal government or other public or private entity provides | 39786 |
funds for restitution of costs incurred by the state or school | 39787 |
district in the relocation or replacement of the school | 39788 |
facilities, the school district shall use such funds in excess of | 39789 |
the school district's share to refund the state for the state's | 39790 |
contribution to the environmental contamination portion of the | 39791 |
project. The school district may apply an amount of such | 39792 |
restitution funds up to an amount equal to the school district's | 39793 |
portion of the project, as defined by the commission, toward | 39794 |
paying its portion of that project to reduce the amount of bonds | 39795 |
the school district otherwise must issue to receive state | 39796 |
assistance under sections 3318.01 to 3318.20 of the Revised Code. | 39797 |
Sec. 212.03. SPE BOARD OF SPEECH-LANGUAGE PATHOLOGY & | 39798 |
AUDIOLOGY | 39799 |
General Services Fund Group | 39800 |
4K9 | 886-609 | Operating Expenses | $ | 408,864 | $ | 39801 | |||||
TOTAL GSF General Services | 39802 | ||||||||||
Fund Group | $ | 408,864 | $ | 39803 | |||||||
TOTAL ALL BUDGET FUND GROUPS | $ | 408,864 | $ | 39804 |
Sec. 212.24. OVH OHIO VETERANS' HOME | 39806 |
General Revenue Fund | 39807 |
GRF | 430-100 | Personal Services | $ | $ | 39808 | ||||||
GRF | 430-200 | Maintenance | $ | $ | 39809 | ||||||
TOTAL GRF General Revenue Fund | $ | $ | 39810 |
General Services Fund Group | 39811 |
484 | 430-603 | Rental and Service Revenue | $ | 882,737 | $ | 882,737 | 39812 | ||||
TOTAL GSF General Services Fund Group | $ | 882,737 | $ | 882,737 | 39813 |
Federal Special Revenue Fund Group | 39814 |
3L2 | 430-601 | Federal VA Per Diem Grant | $ | 14,990,510 | $ | 15,290,320 | 39815 | ||||
TOTAL FED Federal Special Revenue | 39816 | ||||||||||
Fund Group | $ | 14,990,510 | $ | 15,290,320 | 39817 |
State Special Revenue Fund Group | 39818 |
4E2 | 430-602 | Veterans Home Operating | $ | 8,322,731 | $ | 8,530,800 | 39819 | ||||
604 | 430-604 | Veterans Home Improvement | $ | 770,096 | $ | 770,096 | 39820 | ||||
TOTAL SSR State Special Revenue | 39821 | ||||||||||
Fund Group | $ | 9,092,827 | $ | 9,300,896 | 39822 | ||||||
TOTAL ALL BUDGET FUND GROUPS | $ | $ | 39823 |
Notwithstanding any other provision of law to the contrary, | 39824 |
in fiscal year 2006 and in fiscal year 2007, the Director of | 39825 |
Budget and Management may transfer cash from SSR Fund 604, | 39826 |
Veterans Home Improvement Fund, to SSR Fund 4E2, Veterans Home | 39827 |
Operating Fund. Any cash transfer described in this section shall | 39828 |
be used in accordance with section 5907.131 of the Revised Code. | 39829 |
The amount transferred by the Director is hereby appropriated to | 39830 |
foregoing SSR appropriation item 430-602, Veterans Home Operating | 39831 |
(Fund 4E2). | 39832 |
Within thirty days after the conclusion of each fiscal | 39833 |
quarter, the Ohio Veterans' Home Agency shall submit a report on | 39834 |
the status of the Agency's fiscal operations to the Governor, | 39835 |
President of the Senate, Minority Leader of the Senate, Speaker of | 39836 |
the House of Representatives, and Minority Leader of the House of | 39837 |
Representatives. | 39838 |
Sec. 212.27. VET VETERANS' ORGANIZATIONS | 39839 |
General Revenue Fund | 39840 |
39841 |
GRF | 743-501 | State Support | $ | 25,030 | $ | 25,030 | 39842 |
39843 |
GRF | 746-501 | State Support | $ | 55,012 | $ | 55,012 | 39844 |
39845 |
GRF | 747-501 | State Support | $ | 49,453 | $ | 49,453 | 39846 |
39847 |
GRF | 748-501 | State Support | $ | 29,715 | $ | 29,715 | 39848 |
39849 |
GRF | 749-501 | State Support | $ | 57,990 | $ | 57,990 | 39850 |
39851 |
GRF | 750-501 | State Support | $ | 56,377 | $ | 56,377 | 39852 |
39853 |
GRF | 751-501 | State Support | $ | 185,954 | $ | 185,954 | 39854 |
39855 |
GRF | 752-501 | State Support | $ | 302,328 | $ | 302,328 | 39856 |
39857 |
GRF | 753-501 | State Support | $ | 287,919 | $ | 287,919 | 39858 |
39859 |
GRF | 754-501 | State Support | $ | 216,308 | $ | 216,308 | 39860 |
39861 |
GRF | 756-501 | State Support | $ | 115,972 | $ | 115,972 | 39862 |
39863 |
GRF | 757-501 | State Support | $ | 5,946 | $ | 5,946 | 39864 |
39865 |
GRF | 758-501 | State Support | $ | 246,615 | $ | 246,615 | 39866 |
TOTAL GRF General Revenue Fund | $ | 1,634,619 | $ | 1,634,619 | 39867 | ||||||
TOTAL ALL BUDGET FUND GROUPS | $ | 1,634,619 | $ | 1,634,619 | 39868 |
RELEASE OF FUNDS | 39869 |
The foregoing appropriation items 743-501, 746-501, 747-501, | 39870 |
748-501, 749-501, 750-501, 751-501, 752-501, 753-501, 754-501, | 39871 |
756-501, 757-501, and 758-501, State Support, shall be released | 39872 |
upon approval by the Director of Budget and Management. | 39873 |
CENTRAL OHIO UNITED SERVICES ORGANIZATION | 39874 |
Of the foregoing appropriation item 751-501, State Support, | 39875 |
Vietnam Veterans of America, $50,000 in each fiscal year shall be | 39876 |
used to support the activities of the Central Ohio USO. | 39877 |
VAL AMERICAN LEGION OF OHIO | 39878 |
Of the foregoing appropriation item 752-501, State Support, | 39879 |
VAL American Legion, at least $50,000 in each fiscal year shall be | 39880 |
used to fund service officer expenses. | 39881 |
VETERANS SERVICE COMMISSION EDUCATION | 39882 |
Of the foregoing appropriation item 753-501, State Support, | 39883 |
AMVETS, up to $20,000 in each fiscal year may be used to provide | 39884 |
moneys to the Association of County Veterans Service Commissioners | 39885 |
to reimburse its member county veterans service commissions for | 39886 |
costs incurred in carrying out educational and outreach duties | 39887 |
required under divisions (E) and (F) of section 5901.03 of the | 39888 |
Revised
Code. | 39889 |
39890 | |
Budget and Management shall release these funds upon the | 39891 |
presentation of an itemized receipt, approved by the Governor's | 39892 |
Office of Veterans Affairs, from the association for reasonable | 39893 |
and appropriate expenses incurred while performing these duties. | 39894 |
The association shall establish uniform procedures for reimbursing | 39895 |
member commissions. | 39896 |
VII AMVETS | 39897 |
Of the foregoing appropriation item 753-501, State Support, | 39898 |
AMVETS, at least $50,000 shall be used in each fiscal year to fund | 39899 |
service officer expenses. | 39900 |
VAV DISABLED AMERICAN VETERANS | 39901 |
Of the foregoing appropriation item 754-501, State Support, | 39902 |
VAV Disabled American Veterans, at least $50,000 in each fiscal | 39903 |
year shall be used to fund service officer expenses. | 39904 |
VMC MARINE CORPS LEAGUE | 39905 |
Of the foregoing appropriation item 756-501, State Support, | 39906 |
VMC Marine Corps League, at least $30,000 in each fiscal year | 39907 |
shall be used to fund service officer expenses. | 39908 |
VFW VETERANS OF FOREIGN WARS | 39909 |
Of the foregoing appropriation item 758-501, State Support, | 39910 |
VFW Veterans of Foreign Wars, at least $50,000 in each fiscal year | 39911 |
shall be used to fund service officer expenses. | 39912 |
Sec. 212.30. DVM STATE VETERINARY MEDICAL BOARD | 39913 |
General Services Fund Group | 39914 |
4K9 | 888-609 | Operating Expenses | $ | 293,691 | $ | 39915 | |||||
5BU | 888-602 | Veterinary Student Loan Program | $ | 60,000 | $ | 39916 | |||||
TOTAL GSF General Services | 39917 | ||||||||||
Fund Group | $ | 353,691 | $ | 39918 | |||||||
TOTAL ALL BUDGET FUND GROUPS | $ | 353,691 | $ | 39919 |
CASH TRANSFER TO VETERINARY STUDENT LOAN PROGRAM FUND (FUND | 39920 |
5BU) | 39921 |
On July 1, 2005, or as soon as possible thereafter, the | 39922 |
Director of Budget and Management shall transfer $60,000 in cash | 39923 |
from the Occupational Licensing and Regulatory Fund (Fund 4K9) to | 39924 |
the Veterinary Student Loan Program Fund (Fund 5BU), which is | 39925 |
hereby created. The amount of the transfer is hereby appropriated. | 39926 |
VETERINARY STUDENT LOAN PROGRAM | 39927 |
The foregoing appropriation item 888-602, Veterinary Student | 39928 |
Loan Program, shall be used by the Veterinary Medical Licensing | 39929 |
Board to implement a student loan repayment program for veterinary | 39930 |
students focusing on large animal populations, public health, or | 39931 |
regulatory veterinary medicine. | 39932 |
Sec. 212.33. DYS DEPARTMENT OF YOUTH SERVICES | 39933 |
General Revenue Fund | 39934 |
GRF | 470-401 | RECLAIM Ohio | $ | 177,016,683 | $ | 182,084,588 | 39935 | ||||
GRF | 470-412 | Lease Rental Payments | $ | 20,267,500 | $ | 21,882,700 | 39936 | ||||
GRF | 470-510 | Youth Services | $ | 18,608,587 | $ | 18,608,587 | 39937 | ||||
GRF | 472-321 | Parole Operations | $ | 14,358,995 | $ | 14,962,871 | 39938 | ||||
GRF | 477-321 | Administrative Operations | $ | 14,239,494 | $ | 14,754,420 | 39939 | ||||
TOTAL GRF General Revenue Fund | $ | 244,491,259 | $ | 252,293,166 | 39940 |
General Services Fund Group | 39941 |
175 | 470-613 | Education Reimbursement | $ | 10,112,529 | $ | 9,450,598 | 39942 | ||||
4A2 | 470-602 | Child Support | $ | 320,641 | $ | 328,657 | 39943 | ||||
4G6 | 470-605 | General Operational Funds | $ | 10,000 | $ | 10,000 | 39944 | ||||
479 | 470-609 | Employee Food Service | $ | 141,466 | $ | 137,666 | 39945 | ||||
523 | 470-621 | Wellness Program | $ | 46,937 | $ | 0 | 39946 | ||||
6A5 | 470-616 | Building Demolition | $ | 31,100 | $ | 0 | 39947 | ||||
TOTAL GSF General Services | 39948 | ||||||||||
Fund Group | $ | 10,662,673 | $ | 9,926,921 | 39949 |
Federal Special Revenue Fund Group | 39950 |
3V5 | 470-604 | Juvenile Justice/Delinquency Prevention | $ | 4,254,745 | $ | 4,254,746 | 39951 | ||||
3W0 | 470-611 | Federal Juvenile Programs FFY 02 | $ | 222,507 | $ | 0 | 39952 | ||||
3Z8 | 470-625 | Federal Juvenile Programs FFY 04 | $ | 1,500,001 | $ | 773,812 | 39953 | ||||
3Z9 | 470-626 | Federal Juvenile Programs FFY 05 | $ | 465,000 | $ | 0 | 39954 | ||||
321 | 470-601 | Education | $ | 1,422,580 | $ | 1,465,399 | 39955 | ||||
321 | 470-603 | Juvenile Justice Prevention | $ | 1,981,169 | $ | 2,006,505 | 39956 | ||||
321 | 470-606 | Nutrition | $ | 2,471,550 | $ | 2,470,655 | 39957 | ||||
321 | 470-614 | Title IV-E Reimbursements | $ | 4,960,589 | $ | 6,012,361 | 39958 | ||||
321 | 470-617 | Americorps Programs | $ | 456,000 | $ | 463,700 | 39959 | ||||
TOTAL FED Federal Special Revenue | 39960 | ||||||||||
Fund Group | $ | 17,734,141 | $ | 17,447,178 | 39961 |
State Special Revenue Fund Group | 39962 |
147 | 470-612 | Vocational Education | $ | 1,937,784 | $ | 2,009,866 | 39963 | ||||
4W3 | 470-618 | Help Me Grow | $ | 11,000 | $ | 11,000 | 39964 | ||||
5BH | 470-628 | Partnerships for Success | $ | 1,500,000 | $ | 1,500,000 | 39965 | ||||
TOTAL SSR State Special Revenue | 39966 | ||||||||||
Fund Group | $ | 3,448,784 | $ | 3,520,866 | 39967 | ||||||
TOTAL ALL BUDGET FUND GROUPS | $ | 276,336,857 | $ | 283,188,131 | 39968 |
RECLAIM OHIO | 39969 |
Of the foregoing appropriation item 470-401, RECLAIM Ohio, | 39970 |
$25,000 in each fiscal year shall be distributed directly to the | 39971 |
Lighthouse Youth Services Wrap-Around Program. | 39972 |
OHIO BUILDING AUTHORITY LEASE PAYMENTS | 39973 |
The foregoing appropriation item 470-412, Lease Rental | 39974 |
Payments, in the Department of Youth Services, shall be used for | 39975 |
payments to the Ohio Building Authority for the period from July | 39976 |
1, 2005, to June 30, 2007, under the primary leases and agreements | 39977 |
for facilities made under Chapter 152. of the Revised Code, but | 39978 |
limited to the aggregate amount of $42,150,200. This appropriation | 39979 |
is the source of funds pledged for bond service charges on | 39980 |
related obligations issued pursuant to Chapter 152. of the Revised | 39981 |
Code. | 39982 |
EDUCATION REIMBURSEMENT | 39983 |
The foregoing appropriation item 470-613, Education | 39984 |
Reimbursement, shall be used to fund the operating expenses of | 39985 |
providing educational services to youth supervised by the | 39986 |
Department of Youth Services. Operating expenses include, but are | 39987 |
not limited to, teachers' salaries, maintenance costs, and | 39988 |
educational equipment. This appropriation item may be used for | 39989 |
capital expenses related to the education program. | 39990 |
EMPLOYEE FOOD SERVICE AND EQUIPMENT | 39991 |
Notwithstanding section 125.14 of the Revised Code, the | 39992 |
foregoing appropriation item 470-609, Employee Food Service, may | 39993 |
be used to purchase any food operational items with funds received | 39994 |
into the fund from reimbursement for state surplus property. | 39995 |
PARTNERSHIPS FOR SUCCESS | 39996 |
| 39997 |
470-628, Partnerships for Success, shall be used to support the | 39998 |
Partnerships for Success Project. On or before January 1, | 39999 |
2008, the Director of Budget and Management shall transfer any | 40000 |
amount of cash that remains unspent in the Partnerships for | 40001 |
Success Fund (Fund 5BH) to the Children's Trust Fund (Fund 198). | 40002 |
FEDERAL JUVENILE JUSTICE PROGRAM TRANSFER FROM THE OFFICE OF | 40003 |
CRIMINAL JUSTICE SERVICES TO THE DEPARTMENT OF YOUTH SERVICES | 40004 |
Any business relating to the funds associated with the Office | 40005 |
of Criminal Justice Services' appropriation item 196-602, Criminal | 40006 |
Justice Federal Programs, commenced but not completed by the | 40007 |
Office of Criminal Justice Services or its director shall be | 40008 |
completed by the Department of Youth Services or its director in | 40009 |
the same manner, and with the same effect, as if completed by the | 40010 |
Office of Criminal Justice Services or its director. No | 40011 |
validation, cure, right, privilege, remedy, obligation, or | 40012 |
liability is lost or impaired by reason of the transfer and shall | 40013 |
be administered by the Department of Youth Services. | 40014 |
Any action or proceeding against the Office of Criminal | 40015 |
Justice Services pending on the effective date of this section | 40016 |
shall not be affected by the transfer of responsibility to the | 40017 |
Department of Youth Services, and shall be prosecuted or defended | 40018 |
in the name of the Department of Youth Services or its director. | 40019 |
In all such actions and proceedings, the Department of Youth | 40020 |
Services or its director upon application of the court shall be | 40021 |
substituted as party. | 40022 |
Sec. 557.12. ADJUSTMENT TO LOCAL GOVERNMENT DISTRIBUTIONS | 40023 |
(A) On or before the seventh day of each month of the period | 40024 |
July 2005 through June 2007, the Tax Commissioner shall determine | 40025 |
and certify to the Director of Budget and Management the amount to | 40026 |
be credited, by tax, during that month to the Local Government | 40027 |
Fund, to the Library and Local Government Support Fund, and to the | 40028 |
Local Government Revenue Assistance Fund, respectively, under | 40029 |
divisions (B) to (G) of this section. | 40030 |
(B) Notwithstanding sections 5727.45, 5727.84, 5733.12, | 40031 |
5739.21, 5741.03, and 5747.03 of the Revised Code to the contrary, | 40032 |
for each month in the period July 1, 2005, through June 30, 2007, | 40033 |
from the utility excise, kilowatt-hour, corporation franchise, | 40034 |
sales and use, and personal income taxes collected: | 40035 |
(1) An amount shall first be credited to the Local Government | 40036 |
Fund equal to the amount credited to that fund from that tax | 40037 |
according to the schedule in divisions (C), (D), (E), and (F) of | 40038 |
this section; | 40039 |
(2) An amount shall next be credited to the Local Government | 40040 |
Revenue Assistance Fund equal to the amount credited to that fund | 40041 |
from that tax according to the schedule in divisions (C), (D), | 40042 |
(E), and (F) of this section; | 40043 |
(3) An amount shall next be credited to the Library and Local | 40044 |
Government Support Fund equal to the amount credited to that fund | 40045 |
from that tax according to the schedule in division (G) of this | 40046 |
section. | 40047 |
To the extent the amounts credited under divisions (B) | 40048 |
40049 | |
would have been credited under sections 5727.45, 5727.84, 5733.12, | 40050 |
5739.21, 5741.03, and 5747.03 of the Revised Code, the amounts | 40051 |
credited to the | 40052 |
reduced. To the extent the amounts credited under divisions (B) | 40053 |
40054 | |
otherwise would have been credited under sections 5727.45, | 40055 |
5727.84, 5733.12, 5739.21, 5741.03, and 5747.03 of the Revised | 40056 |
Code, the amounts credited to the | 40057 |
Revenue Fund shall be increased. After the appropriate amounts are | 40058 |
credited to funds under division (B) of this section, additional | 40059 |
adjustments may be required in June 2006 and June 2007 pursuant to | 40060 |
division (I) of this section. | 40061 |
(C) Pursuant to divisions (B)(1) and (2) of this section, the | 40062 |
amounts shall be credited from the corporation franchise, sales | 40063 |
and use, and personal income taxes to each respective fund as | 40064 |
follows: | 40065 |
(1) In July 2005, one hundred per cent of the amount credited | 40066 |
in July 2004; in July 2006, one hundred per cent of the amount | 40067 |
credited in July 2005; | 40068 |
(2) In August 2005, one hundred per cent of the amount | 40069 |
credited in August 2004; in August 2006, one hundred per cent of | 40070 |
the amount credited in August 2005; | 40071 |
(3) In September 2005, one hundred per cent of the amount | 40072 |
credited in September 2004; in September 2006, one hundred per | 40073 |
cent of the amount credited in September 2005; | 40074 |
(4) In October 2005, one hundred per cent of the amount | 40075 |
credited in October 2004; in October 2006, one hundred per cent of | 40076 |
the amount credited in October 2005; | 40077 |
(5) In November 2005, one hundred per cent of the amount | 40078 |
credited in November 2004; in November 2006, one hundred per cent | 40079 |
of the amount credited in November 2005; | 40080 |
(6) In December 2005, one hundred per cent of the amount | 40081 |
credited in December 2004; in December 2006, one hundred per cent | 40082 |
of the amount credited in December 2005; | 40083 |
(7) In January 2006, one hundred per cent of the amount | 40084 |
credited in January 2005; in January 2007, one hundred per cent of | 40085 |
the amount credited in January 2006; | 40086 |
(8) In February 2006, one hundred per cent of the amount | 40087 |
credited in February 2005; in February 2007, one hundred per cent | 40088 |
of the amount credited in February 2006; | 40089 |
(9) In March 2006, one hundred per cent of the amount | 40090 |
credited in March 2005; in March 2007, one hundred per cent of the | 40091 |
amount credited in March 2006; | 40092 |
(10) In April 2006, one hundred per cent of the amount | 40093 |
credited in April 2005; in April 2007, one hundred per cent of the | 40094 |
amount credited in April 2006; | 40095 |
(11) In May 2006, one hundred per cent of the amount credited | 40096 |
in May 2005; in May 2007, one hundred per cent of the amount | 40097 |
credited in May 2006; | 40098 |
(12) In June 2006, one hundred per cent of the amount | 40099 |
credited in June 2005; in June 2007, one hundred per cent of the | 40100 |
amount credited in June 2006. | 40101 |
(D) Pursuant to divisions (B)(1) and (2) of this section, | 40102 |
from the public utility excise tax, amounts shall be credited to | 40103 |
the Local Government Fund and the Local Government Revenue | 40104 |
Assistance Fund as follows: | 40105 |
(1) In July 2005 and July 2006, no amount shall be credited | 40106 |
to the Local Government Fund and no amount shall be credited to | 40107 |
the Local Government Revenue Assistance Fund; | 40108 |
(2) In August 2005 and August 2006, no amount shall be | 40109 |
credited to the Local Government Fund or to the Local Government | 40110 |
Revenue Assistance Fund; | 40111 |
(3) In September 2005 and September 2006, no amount shall be | 40112 |
credited to the Local Government Fund or to the Local Government | 40113 |
Revenue Assistance Fund; | 40114 |
(4) In October 2005 and October 2006, thirty per cent of | 40115 |
$7,870,426.16 shall be credited to the Local Government Fund and | 40116 |
thirty per cent of $1,124,346.59 shall be credited to the Local | 40117 |
Government Revenue Assistance Fund; | 40118 |
(5) In November 2005 and November 2006, thirty per cent of | 40119 |
$1,045,731.11 shall be credited to the Local Government Fund and | 40120 |
thirty per cent of $149,390.15 shall be credited to the Local | 40121 |
Government Revenue Assistance Fund; | 40122 |
(6) In December 2005 and December 2006, thirty per cent of | 40123 |
$1,210,041.67 shall be credited to the Local Government Fund and | 40124 |
thirty per cent of $172,863.13 shall be credited to the Local | 40125 |
Government Revenue Assistance Fund; | 40126 |
(7) In January 2006 and January 2007, no amount shall be | 40127 |
credited to the Local Government Fund or to the Local Government | 40128 |
Revenue Assistance Fund; | 40129 |
(8) In February 2006 and February 2007, thirty per cent of | 40130 |
$1,515,069.22 shall be credited to the Local Government Fund and | 40131 |
thirty per cent of $216,438.43 shall be credited to the Local | 40132 |
Government Revenue Assistance Fund; | 40133 |
(9) In March 2006 and March 2007, thirty per cent of | 40134 |
$7,859,958.57 shall be credited to the Local Government Fund and | 40135 |
thirty per cent of $1,122,851.24 shall be credited to the Local | 40136 |
Government Revenue Assistance Fund; | 40137 |
(10) In April 2006 and April 2007, no amount shall be | 40138 |
credited to the Local Government Fund or to the Local Government | 40139 |
Revenue Assistance Fund; | 40140 |
(11) In May 2006 and May 2007, thirty per cent of | 40141 |
$3,300,718.22 shall be credited to the Local Government Fund and | 40142 |
thirty per cent of $471,531.17 shall be credited to the Local | 40143 |
Government Revenue Assistance Fund; | 40144 |
(12) In June 2006 and June 2007, thirty per cent of | 40145 |
$9,344,500.89 shall be credited to the Local Government Fund and | 40146 |
thirty per cent of $1,334,928.70 shall be credited to the Local | 40147 |
Government Revenue Assistance Fund. | 40148 |
(E) Pursuant to divisions (B)(1) and (2) of this section, | 40149 |
from the kilowatt-hour tax, amounts shall be credited to the Local | 40150 |
Government Fund and the Local Government Revenue Assistance Fund | 40151 |
as follows: | 40152 |
(1) In July 2005 and July 2006, no amount shall be credited | 40153 |
to the Local Government Fund and no amount shall be credited to | 40154 |
the Local Government Revenue Assistance Fund; | 40155 |
(2) In August 2005 and August 2006, no amount shall be | 40156 |
credited to the Local Government Fund or to the Local Government | 40157 |
Revenue Assistance Fund; | 40158 |
(3) In September 2005 | 40159 |
credited to the Local Government Fund or to the Local Government | 40160 |
Revenue Assistance Fund; | 40161 |
(4) In October 2005 and October 2006, seventy per cent of | 40162 |
$7,870,426.16 shall be credited to the Local Government Fund and | 40163 |
seventy per cent of $1,124,346.59 shall be credited to the Local | 40164 |
Government Revenue Assistance Fund; | 40165 |
(5) In November 2005 and November 2006, seventy per cent of | 40166 |
$1,045,731.11 shall be credited to the Local Government Fund and | 40167 |
seventy per cent of $149,390.15 shall be credited to the Local | 40168 |
Government Revenue Assistance Fund; | 40169 |
(6) In December 2005 and December 2006, seventy per cent of | 40170 |
$1,210,041.67 shall be credited to the Local Government Fund and | 40171 |
seventy per cent of $172,863.13 shall be credited to the Local | 40172 |
Government Revenue Assistance Fund; | 40173 |
(7) In January 2006 and January 2007, no amount shall be | 40174 |
credited to the Local Government Fund or to the Local Government | 40175 |
Revenue Assistance Fund; | 40176 |
(8) In February 2006 and February 2007, seventy per cent of | 40177 |
$1,515,069.22 shall be credited to the Local Government Fund and | 40178 |
seventy per cent of $216,438.43 shall be credited to the Local | 40179 |
Government Revenue Assistance Fund; | 40180 |
(9) In March 2006 and March 2007, seventy per cent of | 40181 |
$7,859,958.57 shall be credited to the Local Government Fund and | 40182 |
seventy per cent of $1,122,851.24 shall be credited to the Local | 40183 |
Government Revenue Assistance Fund; | 40184 |
(10) In April 2006 and April 2007, no amount shall be | 40185 |
credited to the Local Government Fund or to the Local Government | 40186 |
Revenue Assistance Fund; | 40187 |
(11) In May 2006 and May 2007, seventy per cent of | 40188 |
$3,300,718.22 shall be credited to the Local Government Fund and | 40189 |
seventy per cent of $471,531.17 shall be credited to the Local | 40190 |
Government Revenue Assistance Fund; | 40191 |
(12) In June 2006 and June 2007, seventy per cent of | 40192 |
$9,344,500.89 shall be credited to the Local Government Fund and | 40193 |
seventy per cent of $1,334,928.70 shall be credited to the Local | 40194 |
Government Revenue Assistance Fund. | 40195 |
(F) Notwithstanding the amounts required to be credited | 40196 |
pursuant to division (C) of this section, the amount credited in | 40197 |
June 2006 and June 2007 to the Local Government Fund and the Local | 40198 |
Government Revenue Assistance Fund from the personal income tax | 40199 |
shall be net of a reduction that may be required by division (I) | 40200 |
of this section. | 40201 |
(G) Pursuant to division (B)(3) of this section, amounts | 40202 |
shall be credited from the personal income tax to the Library and | 40203 |
Local Government Support Fund as follows: | 40204 |
(1) In July 2005, one hundred per cent of the amount credited | 40205 |
in July 2004; in July 2006, one hundred per cent of the amount | 40206 |
credited in July 2005; | 40207 |
(2) In August 2005, one hundred per cent of the amount | 40208 |
credited in August 2004; in August 2006, one hundred per cent of | 40209 |
the amount credited in August 2005; | 40210 |
(3) In September 2005, one hundred per cent of the amount | 40211 |
credited in September 2004; in September 2006, one hundred per | 40212 |
cent of the amount credited in September 2005; | 40213 |
(4) In October 2005, one hundred per cent of the amount | 40214 |
credited in October 2004; in October 2006, one hundred per cent of | 40215 |
the amount credited in October 2005; | 40216 |
(5) In November 2005, one hundred per cent of the amount | 40217 |
credited in November 2004; in November 2006, one hundred per cent | 40218 |
of the amount credited in November 2005; | 40219 |
(6) In December 2005, one hundred per cent of the amount | 40220 |
credited in December 2004; in December 2006, one hundred per cent | 40221 |
of the amount credited in December 2005; | 40222 |
(7) In January 2006, one hundred per cent of the amount | 40223 |
credited in January 2005; in January 2007, one hundred per cent of | 40224 |
the amount credited in January 2006; | 40225 |
(8) In February 2006, one hundred per cent of the amount | 40226 |
credited in February 2005; in February 2007, one hundred per cent | 40227 |
of the amount credited in February 2006; | 40228 |
(9) In March 2006, one hundred per cent of the amount | 40229 |
credited in March 2005; in March 2007, one hundred per cent of the | 40230 |
amount credited in March 2006; | 40231 |
(10) In April 2006, one hundred per cent of the amount | 40232 |
credited in April 2005; in April 2007, one hundred per cent of the | 40233 |
amount credited in April 2006; | 40234 |
(11) In May 2006, one hundred per cent of the amount credited | 40235 |
in May 2005; in May 2007, one hundred per cent of the amount | 40236 |
credited in May 2006; | 40237 |
(12) In June 2006, one hundred per cent of the amount | 40238 |
credited in June 2005, less any reduction that may be required by | 40239 |
division (I) of this section; in June 2007, one hundred per cent | 40240 |
of the amount credited in June 2006, less any reduction that may | 40241 |
be required by division (I) of this section. | 40242 |
(H) The total amount credited to the Local Government Fund, | 40243 |
the Local Government Revenue Assistance Fund, and the Library and | 40244 |
Local Government Support Fund in each month during the period July | 40245 |
2005 through June 2007 shall be distributed by the tenth day of | 40246 |
the immediately succeeding month in the following manner: | 40247 |
(1) Each county undivided local government fund shall receive | 40248 |
a distribution from the Local Government Fund based on its | 40249 |
proportionate share of the total amount received from the fund in | 40250 |
such respective month for the period August 1, 2004, through July | 40251 |
31, 2005. | 40252 |
(2) Each municipal corporation receiving a direct | 40253 |
distribution from the Local Government Fund shall receive a | 40254 |
distribution based on its proportionate share of the total amount | 40255 |
received from the fund in such respective month for the period | 40256 |
August 1, 2004, through July 31, 2005. | 40257 |
(3) Each county undivided local government revenue assistance | 40258 |
fund shall receive a distribution from the Local Government | 40259 |
Revenue Assistance Fund based on its proportionate share of the | 40260 |
total amount received from the fund in such respective month for | 40261 |
the period August 1, 2004, through July 31, 2005. | 40262 |
(4) Each county undivided library and local government | 40263 |
support fund shall receive a distribution from the Library and | 40264 |
Local Government Support Fund based on its proportionate share of | 40265 |
the total amount received from the fund in such respective month | 40266 |
for the period August 1, 2004, through July 31, 2005. | 40267 |
(I) The Tax Commissioner shall do each of the following: | 40268 |
(1) By June 7, 2006, the Commissioner shall subtract the | 40269 |
amount calculated in division (I)(1)(b) of this section from the | 40270 |
amount calculated in division (I)(1)(a) of this section. If the | 40271 |
amount in division (I)(1)(a) of this section is greater than the | 40272 |
amount in division (I)(1)(b) of this section, then such difference | 40273 |
shall be subtracted from the total amount of income tax revenue | 40274 |
credited to the Local Government Fund, the Local Government | 40275 |
Revenue Assistance Fund, and the Library and Local Government | 40276 |
Support Fund in June 2006. An amount shall be subtracted from | 40277 |
income tax revenue credited to the Local Government Fund, the | 40278 |
Local Government Revenue Assistance Fund, or the Library and Local | 40279 |
Government Support Fund only if, and according to the proportion | 40280 |
by which, such fund contributed to the result that the amount in | 40281 |
division (I)(1)(a) of this section exceeds the amount in division | 40282 |
(I)(1)(b) of this section. | 40283 |
(a) The sum of all money credited to the Local Government | 40284 |
Fund, the Local Government Revenue Assistance Fund, and the | 40285 |
Library and Local Government Support Fund from July 2005 through | 40286 |
May 2006. The sum computed in division (I)(1)(a) of this section | 40287 |
shall exclude any dealer in intangibles tax revenues credited to | 40288 |
the Local Government Fund. | 40289 |
(b) The sum of all money that would have been credited to the | 40290 |
Local Government Fund, the Local Government Revenue Assistance | 40291 |
Fund, and the Library and Local Government Support Fund from July | 40292 |
2005 through May 2006, if sections 5727.45, 5727.84, 5733.12, | 40293 |
5739.21, 5741.03, and 5747.03 of the Revised Code were in effect | 40294 |
during this period. | 40295 |
(2) By June 7, 2007, the Commissioner shall subtract the | 40296 |
amount calculated in division (I)(2)(b) of this section from the | 40297 |
amount calculated in division (I)(2)(a) of this section. If the | 40298 |
amount in division (I)(2)(a) of this section is greater than the | 40299 |
amount in division (I)(2)(b) of this section, then such difference | 40300 |
shall be subtracted from the total amount of income tax revenue | 40301 |
credited to the Local Government Fund, the Local Government | 40302 |
Revenue Assistance Fund, and the Library and Local Government | 40303 |
Support Fund in June 2007. An amount shall be subtracted from | 40304 |
income tax revenue credited to the Local Government Fund, the | 40305 |
Local Government Revenue Assistance Fund, or the Library and Local | 40306 |
Government Support Fund only if, and according to the proportion | 40307 |
by which, such fund contributed to the result that the amount in | 40308 |
division (I)(2)(a) of this section exceeds the amount in division | 40309 |
(I)(2)(b) of this section. | 40310 |
(a) The sum of all money credited to the Local Government | 40311 |
Fund, the Local Government Revenue Assistance Fund, and the | 40312 |
Library and Local Government Support Fund from June 2006 through | 40313 |
May 2007. The sum computed in division (I)(2)(a) of this section | 40314 |
shall exclude any dealer in intangibles tax revenues credited to | 40315 |
the Local Government Fund and shall be prior to any reduction | 40316 |
required by division (I)(1) of this section. | 40317 |
(b) The sum of all money that would have been credited to the | 40318 |
Local Government Fund, the Local Government Revenue Assistance | 40319 |
Fund, and the Library and Local Government Support Fund from June | 40320 |
2006 through May 2007, if sections 5727.45, 5727.84, 5733.12, | 40321 |
5739.21, 5741.03, and 5747.03 of the Revised Code were in effect | 40322 |
during this period. | 40323 |
(3) On the advice of the Tax Commissioner, during any month | 40324 |
other than June 2006 or June 2007 of the period July 1, 2005, | 40325 |
through July 31, 2007, the Director of Budget and Management may | 40326 |
reduce the amounts that are to be otherwise credited to the Local | 40327 |
Government Fund, Local Government Revenue Assistance Fund, or | 40328 |
Library and Local Government Support Fund in order to accomplish | 40329 |
more effectively the purposes of the adjustments in divisions | 40330 |
(I)(1) and (2) of this section. If the respective calculations | 40331 |
made in June 2006 and June 2007 pursuant to divisions (I)(1) and | 40332 |
(2) of this section indicate that excess reductions had been made | 40333 |
during the previous months, such excess amounts shall be credited, | 40334 |
as appropriate, to the Local Government Fund, Local Government | 40335 |
Revenue Assistance Fund, and Library and Local Government Support | 40336 |
Fund. | 40337 |
(J) For the 2005, 2006, and 2007 distribution years, the Tax | 40338 |
Commissioner is not required to issue the certifications otherwise | 40339 |
required by sections 5747.47, 5747.501, 5747.51, and 5747.61 of | 40340 |
the Revised Code, but shall provide to each county auditor by the | 40341 |
twentieth day of July 2005, July 2006, and July 2007 an estimate | 40342 |
of the amounts to be received by the county in the ensuing year | 40343 |
from the Local Government Fund, Local Government Revenue | 40344 |
Assistance Fund, and Library and Local Government Support Fund | 40345 |
pursuant to this section and any pertinent section of the Revised | 40346 |
Code. At the discretion of the Tax Commissioner, the Tax | 40347 |
Commissioner may report to each county auditor additional revised | 40348 |
estimates of the 2005, 2006, or 2007 distributions at any time | 40349 |
during the period July 1, 2005, through July 31, 2007. | 40350 |
(K) During the period July 1, 2005, through July 31, 2007, | 40351 |
the Director of Budget and Management shall issue such directives | 40352 |
to state agencies that are necessary to ensure that the | 40353 |
appropriate amounts are distributed to the Local Government Fund, | 40354 |
to the Local Government Revenue Assistance Fund, and to the | 40355 |
Library and Local Government Support Fund. | 40356 |
(L) No subdivision shall receive a proportionate share from | 40357 |
the county undivided local government fund or county undivided | 40358 |
local government revenue assistance fund during the period July 1, | 40359 |
2005, through June 30, 2007, that is less than the proportionate | 40360 |
share the subdivision received from that fund during the period | 40361 |
July 1, 2004, through June 30, 2005, unless the subdivision | 40362 |
consents to receive the lesser proportionate share. Division (L) | 40363 |
of this section does not apply to a decrease in the proportionate | 40364 |
share of a county as a subdivision under division (E) of section | 40365 |
5747.53 or division (E) of section 5747.63 of the Revised Code. | 40366 |
Sec. 612.36.03. (A) Except as otherwise provided in | 40367 |
divisions (B)(1) and (2) of this section, the amendments to | 40368 |
section 3301.0711 of the Revised Code by Am. Sub. H.B. 66 of the | 40369 |
126th General Assembly are not subject to the referendum. | 40370 |
Therefore, under Ohio Constitution, Article II, Section 1d and | 40371 |
section 1.471 of the Revised Code, the amendments go into | 40372 |
immediate effect when H.B. 530 of the 126th General Assembly | 40373 |
becomes law. | 40374 |
(B)(1) The amendments to division (G) of section 3301.0711 of | 40375 |
the Revised Code by Am. Sub. H.B. 66 of the 126th General Assembly | 40376 |
are subject to the referendum. Therefore, under Ohio Constitution, | 40377 |
Article II, Section 1c and section 1.471 of the Revised Code, the | 40378 |
amendments take effect July 1, 2006. If, however, a referendum | 40379 |
petition is filed against the amendments, the amendments, unless | 40380 |
rejected at the referendum, take effect at the earliest time | 40381 |
permitted by law that is on or after the effective date specified | 40382 |
in this division. | 40383 |
| 40384 |
the Revised Code by Am. Sub. H.B. 66 of the 126th General Assembly | 40385 |
are not subject to the referendum. Therefore, under Ohio | 40386 |
Constitution, Article II, Section 1d and section 1.471 of the | 40387 |
Revised Code, the amendments go into immediate effect. | 40388 |
Section 606.18. That existing Sections 203.09, 203.12, | 40389 |
203.12.12, 203.45, 203.51, 203.54, 203.66, 203.69, 203.84, 203.87, | 40390 |
203.99.01, 203.99.48, 206.03, 206.09.12, 206.09.15, 206.09.21, | 40391 |
206.09.27, 206.09.36, 206.09.39, 206.09.42, 206.09.66, 206.09.84, | 40392 |
206.16, 206.48, 206.66, 206.66.22, 206.66.23, 206.66.36, | 40393 |
206.66.64, 206.66.66, 206.66.84, 206.66.85, 206.66.91, 206.67.15, | 40394 |
206.67.21, 206.99, 209.04, 209.06.06, 209.06.09, 209.09.06, | 40395 |
209.09.18, 209.15, 209.18, 209.18.09, 209.24, 209.30, 209.33, | 40396 |
209.36, 209.45, 209.63, 209.63.42, 209.64.60, 209.75, 209.81, | 40397 |
209.90.06, 212.03, 212.24, 212.27, 212.30, 212.33, 557.12, and | 40398 |
612.36.03 of Am. Sub. H.B. 66 of the 126th General Assembly are | 40399 |
hereby repealed. | 40400 |
Section 606.18.03. COMPENSATION FOR NURSING FACILITY CAPITAL | 40401 |
COSTS | 40402 |
The appropriation item 600-529, Capital Compensation Program, | 40403 |
shall be used to make payments to nursing facilities and | 40404 |
intermediate care facilities for the mentally retarded under | 40405 |
Section 606.18.06 of this act. | 40406 |
Section 606.18.06. FISCAL YEARS 2006 AND 2007 PAYMENTS TO | 40407 |
CERTAIN NURSING FACILITIES AND ICFs/MR | 40408 |
(A) As used in this section: | 40409 |
"Capital costs," "cost of ownership," and "renovation" have | 40410 |
the same meanings as in section 5111.20 of the Revised Code as | 40411 |
that section existed on June 30, 2005. | 40412 |
"Change of operator" has the same meaning as in section | 40413 |
5111.65 of the Revised Code. | 40414 |
"ICF/MR" means an intermediate care facility for the mentally | 40415 |
retarded. | 40416 |
"Intermediate care facility for the mentally retarded" and | 40417 |
"nursing facility" have the same meanings as in section 5111.20 of | 40418 |
the Revised Code. | 40419 |
"Reviewable activity" has the same meaning as in section | 40420 |
3702.51 of the Revised Code. | 40421 |
(B) The following qualify for per diem payments under this | 40422 |
section: | 40423 |
(1) A nursing facility to which both of the following apply: | 40424 |
(a) Both of the following occurred during fiscal year 2006 or | 40425 |
2007: | 40426 |
(i) The facility obtained certification as a nursing facility | 40427 |
from the Director of Health. | 40428 |
(ii) The facility began participating in the Medicaid | 40429 |
program. | 40430 |
(b) An application for a certificate of need for the nursing | 40431 |
facility was filed with the Director of Health before June 15, | 40432 |
2005. | 40433 |
(2) An ICF/MR to which both of the following apply: | 40434 |
(a) Both of the following occurred during fiscal year 2006 or | 40435 |
2007: | 40436 |
(i) The facility obtained certification as an intermediate | 40437 |
care facility for the mentally retarded from the Director of | 40438 |
Health. | 40439 |
(ii) The facility began participating in the Medicaid | 40440 |
program. | 40441 |
(b) At least one of the following occurred before June 30, | 40442 |
2005: | 40443 |
(i) Any materials or equipment for the facility were | 40444 |
delivered. | 40445 |
(ii) Preparations for the physical site of the facility, | 40446 |
including, if applicable, excavation, began. | 40447 |
(iii) Actual work on the facility began. | 40448 |
(3) A nursing facility or ICF/MR to which all of the | 40449 |
following apply: | 40450 |
(a) Both of the following occurred during fiscal year 2005: | 40451 |
(i) The facility obtained certification as a nursing facility | 40452 |
or ICF/MR from the Director of Health. | 40453 |
(ii) The facility began participating in the Medicaid | 40454 |
program. | 40455 |
(b) The facility did not have its Medicaid reimbursement rate | 40456 |
adjusted under division (B) of section 5111.255 of the Revised | 40457 |
Code, as that section existed on June 30, 2005, before July 1, | 40458 |
2005. | 40459 |
(c) The facility files a Medicaid cost report with the | 40460 |
Director of Health reflecting the facility's first three full | 40461 |
months of operation. | 40462 |
(4) A nursing facility to which all of the following apply: | 40463 |
(a) The nursing facility does not qualify for a payment | 40464 |
pursuant to division (B)(1) of this section. | 40465 |
(b) The nursing facility undertakes a capital project for | 40466 |
which a certificate of need was filed with the Director of Health | 40467 |
before June 15, 2005, and for which at least one of the following | 40468 |
occurred before July 1, 2005, or, if the capital project is | 40469 |
undertaken to comply with rules adopted by the Public Health | 40470 |
Council regarding resident room size or occupancy, before June 30, | 40471 |
2007: | 40472 |
(i) Any materials or equipment for the capital project were | 40473 |
delivered; | 40474 |
(ii) Preparations for the physical site of the capital | 40475 |
project, including, if applicable, excavation, began; | 40476 |
(iii) Actual work on the capital project began. | 40477 |
(c) The costs of the capital project are not fully reflected | 40478 |
in the capital costs portion of the nursing facility's Medicaid | 40479 |
reimbursement per diem rate on June 30, 2005. | 40480 |
(d) The nursing facility files a three-month projected | 40481 |
capital cost report with the Director of Job and Family Services | 40482 |
not later than sixty days after the later of the effective date of | 40483 |
this section or the date the capital project is completed. | 40484 |
(5) An ICF/MR to which all of the following apply: | 40485 |
(a) The ICF/MR does not qualify for a payment pursuant to | 40486 |
division (B)(2) of this section. | 40487 |
(b) The ICF/MR undertakes a capital project for which at | 40488 |
least one of the following occurred before July 1, 2005: | 40489 |
(i) Any materials or equipment for the capital project were | 40490 |
delivered. | 40491 |
(ii) Preparations for the physical site of the capital | 40492 |
project, including, if applicable, excavation, began. | 40493 |
(iii) Actual work on the capital project began. | 40494 |
(c) The costs of the capital project are not fully reflected | 40495 |
in the capital costs portion of the ICF/MR's Medicaid | 40496 |
reimbursement per diem rate on June 30, 2005. | 40497 |
(d) The ICF/MR files a three-month projected capital cost | 40498 |
report with the Director of Job and Family Services not later than | 40499 |
sixty days after the later of the effective date of this section | 40500 |
or the date the capital project is completed. | 40501 |
(6) A nursing facility or ICF/MR to which both of the | 40502 |
following apply: | 40503 |
(a) The facility underwent a change of provider agreement | 40504 |
before July 1, 2005, for which no Medicaid rate adjustment was | 40505 |
made before June 30, 2005. | 40506 |
(b) The facility files a three-month projected capital cost | 40507 |
report with the Director of Job and Family Services not later than | 40508 |
sixty days after the effective date of this section. | 40509 |
(7) A nursing facility that undertakes an activity to which | 40510 |
all of the following apply: | 40511 |
(a) A request was filed with the Director of Health before | 40512 |
July 1, 2005, for a determination of whether the activity is a | 40513 |
reviewable activity. | 40514 |
(b) At least one of the following occurred before July 1, | 40515 |
2005, or, if the nursing facility undertakes the activity to | 40516 |
comply with rules adopted by the Public Health Council regarding | 40517 |
resident room size or occupancy, before June 30, 2007: | 40518 |
(i) Any materials or equipment for the activity were | 40519 |
delivered. | 40520 |
(ii) Preparations for the physical site of the activity, | 40521 |
including, if applicable, excavation, began. | 40522 |
(iii) Actual work on the activity began. | 40523 |
(c) The costs of the activity are not fully reflected in the | 40524 |
capital costs portion of the nursing facility's Medicaid | 40525 |
reimbursement per diem rate on June 30, 2005. | 40526 |
(d) The nursing facility files a three-month projected | 40527 |
capital cost report with the Director of Job and Family Services | 40528 |
not later than sixty days after the later of the effective date of | 40529 |
this section or the date the activity is completed. | 40530 |
(8) A nursing facility or ICF/MR that undertakes a renovation | 40531 |
to which all of the following apply: | 40532 |
(a) The Director of Job and Family Services approved the | 40533 |
renovation before July 1, 2005. | 40534 |
(b) At least one of the following occurred before July 1, | 40535 |
2005, or, if the facility undertakes the renovation to comply with | 40536 |
rules adopted by the Public Health Council regarding resident room | 40537 |
size or occupancy, before June 30, 2007: | 40538 |
(i) Any materials or equipment for the renovation were | 40539 |
delivered. | 40540 |
(ii) Preparations for the physical site of the renovation, | 40541 |
including, if applicable, excavation, began. | 40542 |
(iii) Actual work on the renovation began. | 40543 |
(c) The costs of the renovation are not fully reflected in | 40544 |
the capital costs portion of the facility's Medicaid reimbursement | 40545 |
per diem rate on June 30, 2005. | 40546 |
(d) The facility files a three-month projected capital cost | 40547 |
report with the Director of Job and Family Services not later than | 40548 |
sixty days after the later of the effective date of this section | 40549 |
or the date the renovation is completed. | 40550 |
(C) If a nursing facility obtains licensure as a nursing home | 40551 |
before January 1, 2007, and qualifies for per diem payments | 40552 |
pursuant to division (B)(1) of this section for fiscal year 2006, | 40553 |
the nursing facility's per diem payments under this section for | 40554 |
fiscal year 2006 shall, except as provided by divisions (E) and | 40555 |
(U) of this section, equal the lesser of the following: | 40556 |
(1) Thirty dollars; | 40557 |
(2) The difference between the nursing facility's Medicaid | 40558 |
reimbursement per diem rate calculated under Section 206.66.22 of | 40559 |
Am. Sub. H.B. 66 of the 126th General Assembly, as amended by this | 40560 |
act, and the sum of the following: | 40561 |
(a) The maximum per diem rate for indirect care costs in | 40562 |
effect on June 30, 2005, for the peer group that the nursing | 40563 |
facility would have been in if the nursing facility had | 40564 |
participated in the Medicaid program on that date; | 40565 |
(b) One hundred fifteen per cent of nursing facilities' | 40566 |
median per diem rate for other protected costs in effect on June | 40567 |
30, 2005; | 40568 |
(c) A per diem rate for direct care costs determined as | 40569 |
follows: | 40570 |
(i) For each of the nursing facility's beds that were in | 40571 |
another nursing facility that was in operation the day before the | 40572 |
new nursing facility begins to operate, the per diem rate shall be | 40573 |
the same as the direct care per diem rate that the previous | 40574 |
nursing facility had on June 30, 2005. | 40575 |
(ii) For each of the nursing facility's beds that were in | 40576 |
another nursing facility that was not in operation the day before | 40577 |
the new nursing facility begins to operate, the per diem rate | 40578 |
shall be determined by multiplying the median cost per case-mix | 40579 |
unit in effect for the previous nursing facility's peer group on | 40580 |
June 30, 2005, by the median annual average case-mix score in | 40581 |
effect for the previous nursing facility's peer group on June 30, | 40582 |
2005. | 40583 |
(d) The lesser of the following: | 40584 |
(i) Eighty-eight and sixty-five hundredths per cent of the | 40585 |
nursing facility's cost of ownership as reported on a three-month | 40586 |
projected capital cost report divided by the greater of the number | 40587 |
of inpatient days the nursing facility is expected to have during | 40588 |
the period covered by the projected capital cost report or the | 40589 |
number of inpatient days the nursing facility would have during | 40590 |
that period if the nursing facility's occupancy rate was eighty | 40591 |
per cent. | 40592 |
(ii) The maximum capital per diem rate in effect for fiscal | 40593 |
year 2005 for nursing facilities. | 40594 |
(e) Seven dollars and fifty cents. | 40595 |
(D) If a nursing facility obtains licensure as a nursing home | 40596 |
before January 1, 2007, and qualifies for per diem payments | 40597 |
pursuant to division (B)(1) of this section for fiscal year 2007, | 40598 |
the nursing facility's per diem payments under this section for | 40599 |
fiscal year 2007 shall, except as provided by division (E) of this | 40600 |
section, equal the lesser of the following: | 40601 |
(1) Thirty dollars; | 40602 |
(2) The difference between the nursing facility's Medicaid | 40603 |
reimbursement per diem rate calculated under Section 206.66.23 of | 40604 |
Am. Sub. H.B. 66 of the 126th General Assembly, as amended by this | 40605 |
act, and the sum of the following: | 40606 |
(a) The maximum per diem rate for indirect care costs in | 40607 |
effect on June 30, 2005, for the peer group that the nursing | 40608 |
facility would have been in if the nursing facility had | 40609 |
participated in the Medicaid program on that date; | 40610 |
(b) One hundred fifteen per cent of nursing facilities' | 40611 |
median per diem rate for other protected costs in effect on June | 40612 |
30, 2005; | 40613 |
(c) A per diem rate for direct care costs determined as | 40614 |
follows: | 40615 |
(i) For each of the nursing facility's beds that were in | 40616 |
another nursing facility that was in operation the day before the | 40617 |
new nursing facility begins to operate, the per diem rate shall be | 40618 |
the same as the direct care per diem rate that the previous | 40619 |
nursing facility had on June 30, 2005. | 40620 |
(ii) For each of the nursing facility's beds that were in | 40621 |
another nursing facility that was not in operation the day before | 40622 |
the new nursing facility begins to operate, the per diem rate | 40623 |
shall be determined by multiplying the median cost per case-mix | 40624 |
unit in effect for the previous nursing facility's peer group on | 40625 |
June 30, 2005, by the median annual average case-mix score in | 40626 |
effect for the previous nursing facility's peer group on June 30, | 40627 |
2005. | 40628 |
(d) The lesser of the following: | 40629 |
(i) Eighty-eight and sixty-five hundredths per cent of the | 40630 |
nursing facility's cost of ownership as reported on a three-month | 40631 |
projected capital cost report divided by the greater of the number | 40632 |
of inpatient days the nursing facility is expected to have during | 40633 |
the period covered by the projected capital cost report or the | 40634 |
number of inpatient days the nursing facility would have during | 40635 |
that period if the nursing facility's occupancy rate was eighty | 40636 |
per cent. | 40637 |
(ii) The maximum capital per diem rate in effect for fiscal | 40638 |
year 2005 for nursing facilities. | 40639 |
(e) Seven dollars and fifty cents. | 40640 |
(E) A nursing facility for whom a per diem payment is | 40641 |
calculated under division (C) or (D) of this section may file a | 40642 |
cost report with the Director of Job and Family Services after the | 40643 |
nursing facility's first three full months of operation. If the | 40644 |
nursing facility files such a cost report, the Director shall | 40645 |
recalculate the sum determined under divisions (C)(1)(a) through | 40646 |
(d) or (D)(2)(a) through (d) of this section, as appropriate, | 40647 |
using the following: | 40648 |
(1) The direct care, indirect care, and other protected costs | 40649 |
reported on the cost report; | 40650 |
(2) The nursing facility's score for the quarter ending | 40651 |
during the period covered by the cost report; | 40652 |
(3) The nursing facility's inpatient days for the period | 40653 |
covered by the cost report; | 40654 |
(4) The maximum per diem rates, maximum costs per case-mix | 40655 |
unit, and imputed occupancy per diem rates in effect on June 30, | 40656 |
2005, for nursing facilities; | 40657 |
(5) A direct care inflation factor of 1.0528, an indirect | 40658 |
care inflation factor of 1.0091, and a protected inflation factor | 40659 |
of 1.0079. | 40660 |
(F) If a nursing facility obtains licensure as a nursing home | 40661 |
on or after January 1, 2007, and qualifies for per diem payments | 40662 |
pursuant to division (B)(1) of this section, the nursing | 40663 |
facility's per diem payments under this section shall equal the | 40664 |
difference between the capital costs portion of the nursing | 40665 |
facility's Medicaid reimbursement per diem rate determined under | 40666 |
Section 206.66.23 of Am. Sub. H.B. 66 of the 126th General | 40667 |
Assembly, as amended by this act, and the lesser of the following: | 40668 |
(1) Eighty-eight and sixty-five hundredths per cent of the | 40669 |
nursing facility's cost of ownership as reported on a three-month | 40670 |
projected capital cost report divided by the greater of the number | 40671 |
of inpatient days the nursing facility is expected to have during | 40672 |
the period covered by the projected capital cost report or the | 40673 |
number of inpatient days the nursing facility would have during | 40674 |
that period if the nursing facility's occupancy rate was eighty | 40675 |
per cent. | 40676 |
(2) The maximum capital per diem rate in effect for fiscal | 40677 |
year 2005 for nursing facilities. | 40678 |
(G) If an ICF/MR obtains licensure as a residential facility | 40679 |
before January 1, 2007, and qualifies for per diem payments | 40680 |
pursuant to division (B)(2) of this section, the ICF/MR's per diem | 40681 |
payments under this section shall, except as provided by divisions | 40682 |
(H) and (U) of this section, equal the lesser of the following: | 40683 |
(1) Thirty dollars; | 40684 |
(2) The difference between the ICF/MR's Medicaid | 40685 |
reimbursement per diem rate calculated under Section 206.66.25 of | 40686 |
Am. Sub. H.B. 66 of the 126th General Assembly and the sum of the | 40687 |
following: | 40688 |
(a) The maximum per diem rate for indirect care costs in | 40689 |
effect on June 30, 2005, for the peer group that the ICF/MR would | 40690 |
have been in if the ICF/MR had participated in the Medicaid | 40691 |
program on that date; | 40692 |
(b) One hundred fifteen per cent of ICFs/MR's median per diem | 40693 |
rate for other protected costs in effect on June 30, 2005; | 40694 |
(c) A per diem rate for direct care costs determined as | 40695 |
follows: | 40696 |
(i) For each of the ICF/MR's beds that were in another ICF/MR | 40697 |
that was in operation the day before the new ICF/MR begins to | 40698 |
operate, the per diem rate shall be the same as the direct care | 40699 |
per diem rate that the previous ICF/MR had on June 30, 2005; | 40700 |
(ii) For each of the ICF/MR's beds that were in another | 40701 |
ICF/MR that was not in operation the day before the new ICF/MR | 40702 |
begins to operate, the per diem rate shall be determined by | 40703 |
multiplying the median cost per case-mix unit in effect for the | 40704 |
previous ICF/MR's peer group on June 30, 2005, by the median | 40705 |
annual average case-mix score in effect for the previous ICF/MR's | 40706 |
peer group on June 30, 2005. | 40707 |
(d) The lesser of the following: | 40708 |
(i) The ICF/MR's cost of ownership as reported on a | 40709 |
three-month projected capital cost report divided by the greater | 40710 |
of the number of inpatient days the ICF/MR is expected to have | 40711 |
during the period covered by the projected capital cost report or | 40712 |
the number of inpatient days the ICF/MR would have during that | 40713 |
period if the ICF/MR's occupancy rate was eighty per cent. | 40714 |
(ii) The maximum capital per diem rate in effect for fiscal | 40715 |
year 2005 for ICFs/MR. | 40716 |
(e) Nine dollars and sixty-three cents. | 40717 |
(H) An ICF/MR for whom a per diem payment is calculated under | 40718 |
division (G) of this section may file a cost report with the | 40719 |
Director of Job and Family Services after the ICF/MR's first three | 40720 |
full months of operation. If the ICF/MR files such a cost report, | 40721 |
the Director shall recalculate the sum determined under divisions | 40722 |
(G)(1)(a) through (d) using the following: | 40723 |
(1) The direct care, indirect care, and other protected costs | 40724 |
reported on the cost report; | 40725 |
(2) The ICF/MR's case-mix score for the quarter ending during | 40726 |
the period covered by the cost report; | 40727 |
(3) The ICF/MR's inpatient days for the period covered by the | 40728 |
cost report; | 40729 |
(4) The maximum per diem rates, maximum costs per case-mix | 40730 |
unit, and imputed occupancy per diem rates in effect on June 30, | 40731 |
2005, for ICFs/MR; | 40732 |
(5) A direct care inflation factor of 1.0528, an indirect | 40733 |
care inflation factor of 1.0091, and a protected inflation factor | 40734 |
of 1.0079. | 40735 |
(I) If an ICF/MR obtains licensure as a residential facility | 40736 |
on or after January 1, 2007, and qualifies for per diem payments | 40737 |
pursuant to division (B)(2) of this section, the ICF/MR's per diem | 40738 |
payments under this section shall equal the difference between the | 40739 |
capital costs portion of the ICF/MR's Medicaid reimbursement per | 40740 |
diem rate determined under Section 206.66.25 of Am. Sub. H.B. 66 | 40741 |
of the 126th General Assembly and the lesser of the following: | 40742 |
(1) The ICF/MR's cost of ownership as reported on a | 40743 |
three-month projected capital cost report divided by the greater | 40744 |
of the number of inpatient days the ICF/MR is expected to have | 40745 |
during the period covered by the projected capital cost report or | 40746 |
the number of inpatient days the ICF/MR would have during that | 40747 |
period if the ICF/MR's occupancy rate was eighty per cent. | 40748 |
(2) The maximum capital per diem rate in effect for fiscal | 40749 |
year 2005 for ICFs/MR. | 40750 |
(J) The per diem payments paid to a nursing facility or | 40751 |
ICF/MR that qualifies for the payments pursuant to division (B)(3) | 40752 |
of this section shall, except as provided by division (U) of this | 40753 |
section, equal the lesser of the following: | 40754 |
(1) Ten dollars; | 40755 |
(2) The difference between the facility's April 30, 2006, | 40756 |
Medicaid reimbursement per diem rate and the sum of the following: | 40757 |
(a) An amount equal to the lesser of the following: | 40758 |
(i) The facility's cost per case-mix unit using the | 40759 |
direct-care costs reported on the facility's Medicaid cost report | 40760 |
for the facility's first three full months of operation; | 40761 |
(ii) The maximum cost per case-mix unit for the facility's | 40762 |
peer group in effect on June 30, 2005, multiplied by the | 40763 |
facility's case-mix score for the quarter ending during the period | 40764 |
covered by the facility's Medicaid cost report for the facility's | 40765 |
first three full months of operation. | 40766 |
(b) The maximum per diem rate for indirect care costs in | 40767 |
effect for the facility's peer group on June 30, 2005; | 40768 |
(c) The facility's other protected costs reported on the | 40769 |
facility's Medicaid cost report for the facility's first three | 40770 |
full months of operation divided by the facility's inpatient days | 40771 |
for the period covered by that cost report; | 40772 |
(d) The lesser of the following: | 40773 |
(i) The facility's cost of ownership as reported on a | 40774 |
three-month projected capital cost report divided by the greater | 40775 |
of the number of inpatient days the facility is expected to have | 40776 |
during the period covered by the projected capital cost report or | 40777 |
the number of inpatient days the facility would have during that | 40778 |
period if the facility's occupancy rate was eighty per cent; | 40779 |
(ii) The maximum capital per diem rate in effect for fiscal | 40780 |
year 2005 for nursing facilities or ICFs/MR, as appropriate. | 40781 |
(e) If the facility is a nursing facility, seven dollars and | 40782 |
fifty cents; | 40783 |
(f) If the facility is an ICF/MR, nine dollars and | 40784 |
sixty-three cents. | 40785 |
(K) The per diem payments paid for fiscal year 2006 to a | 40786 |
nursing facility that qualifies for the payments pursuant to | 40787 |
division (B)(4) of this section shall equal the difference between | 40788 |
the capital costs portion of the nursing facility's Medicaid | 40789 |
reimbursement per diem rate determined under Section 206.66.22 of | 40790 |
Am. Sub. H.B. 66 of the 126th General Assembly, as amended by this | 40791 |
act, and the lesser of the following: | 40792 |
(1) Eighty-eight and sixty-five hundredths per cent of the | 40793 |
nursing facility's cost of ownership as reported on a three-month | 40794 |
projected capital cost report divided by the greater of the number | 40795 |
of inpatient days the nursing facility is expected to have during | 40796 |
the period covered by the projected capital cost report or the | 40797 |
number of inpatient days the nursing facility would have during | 40798 |
that period if the nursing facility's occupancy rate was | 40799 |
ninety-five per cent. | 40800 |
(2) The maximum capital per diem rate in effect for fiscal | 40801 |
year 2005 for nursing facilities. | 40802 |
(L) The per diem payments paid for fiscal year 2007 to a | 40803 |
nursing facility that qualifies for the payments pursuant to | 40804 |
division (B)(4) of this section shall equal the difference between | 40805 |
the capital costs portion of the nursing facility's Medicaid | 40806 |
reimbursement per diem rate determined under Section 206.66.23 of | 40807 |
Am. Sub. H.B. 66 of the 126th General Assembly, as amended by this | 40808 |
act, and the lesser of the following: | 40809 |
(1) Eighty-eight and sixty-five hundredths per cent of the | 40810 |
nursing facility's cost of ownership as reported on a three-month | 40811 |
projected capital cost report divided by the greater of the number | 40812 |
of inpatient days the nursing facility is expected to have during | 40813 |
the period covered by the projected capital cost report or the | 40814 |
number of inpatient days the nursing facility would have during | 40815 |
that period if the nursing facility's occupancy rate was | 40816 |
ninety-five per cent. | 40817 |
(2) The maximum capital per diem rate in effect for fiscal | 40818 |
year 2005 for nursing facilities. | 40819 |
(M) The per diem payments paid to an ICF/MR that qualifies | 40820 |
for the payments pursuant to division (B)(5) of this section shall | 40821 |
equal the difference between the capital costs portion of the | 40822 |
ICF/MR's Medicaid reimbursement per diem rate determined under | 40823 |
Section 206.66.25 of Am. Sub. H.B. 66 of the 126th General | 40824 |
Assembly and the lesser of the following: | 40825 |
(1) The ICF/MR's cost of ownership as reported on a | 40826 |
three-month projected capital cost report divided by the greater | 40827 |
of the number of inpatient days the ICF/MR is expected to have | 40828 |
during the period covered by the projected capital cost report or | 40829 |
the number of inpatient days the ICF/MR would have during that | 40830 |
period if the ICF/MR's occupancy rate was ninety-five per cent. | 40831 |
(2) The maximum capital per diem rate in effect for fiscal | 40832 |
year 2005 for ICFs/MR. | 40833 |
(N) The per diem payments paid for fiscal year 2006 to a | 40834 |
nursing facility that qualifies for the payments pursuant to | 40835 |
division (B)(6) of this section shall equal the lesser of the | 40836 |
following: | 40837 |
(1) Five dollars; | 40838 |
(2) The difference between the capital costs portion of the | 40839 |
nursing facility's Medicaid reimbursement per diem rate determined | 40840 |
under Section 206.66.22 of Am. Sub. H.B. 66 of the 126th General | 40841 |
Assembly, as amended by this act, and the lesser of the following: | 40842 |
(a) Eighty-eight and sixty-five hundredths per cent of the | 40843 |
nursing facility's cost of ownership as reported on a three-month | 40844 |
projected capital cost report divided by the greater of the number | 40845 |
of inpatient days the nursing facility is expected to have during | 40846 |
the period covered by the projected capital cost report or the | 40847 |
number of inpatient days the nursing facility would have during | 40848 |
that period if the nursing facility's occupancy rate was | 40849 |
ninety-five per cent. | 40850 |
(b) The maximum capital per diem rate in effect for fiscal | 40851 |
year 2005 for nursing facilities. | 40852 |
(O) The per diem payments paid for fiscal year 2007 to a | 40853 |
nursing facility that qualifies for the payments pursuant to | 40854 |
division (B)(6) of this section shall equal the lesser of the | 40855 |
following: | 40856 |
(1) Five dollars; | 40857 |
(2) The difference between the capital costs portion of the | 40858 |
nursing facility's Medicaid reimbursement per diem rate determined | 40859 |
under Section 206.66.23 of Am. Sub. H.B. 66 of the 126th General | 40860 |
Assembly, as amended by this act, and the lesser of the following: | 40861 |
(a) Eighty-eight and sixty-five hundredths per cent of the | 40862 |
nursing facility's cost of ownership as reported on a three-month | 40863 |
projected capital cost report divided by the greater of the number | 40864 |
of inpatient days the nursing facility is expected to have during | 40865 |
the period covered by the projected capital cost report or the | 40866 |
number of inpatient days the nursing facility would have during | 40867 |
that period if the nursing facility's occupancy rate was | 40868 |
ninety-five per cent. | 40869 |
(b) The maximum capital per diem rate in effect for fiscal | 40870 |
year 2005 for nursing facilities. | 40871 |
(P) The per diem payments paid to an ICF/MR that qualifies | 40872 |
for the payments pursuant to division (B)(6) of this section shall | 40873 |
equal the lesser of the following: | 40874 |
(1) Five dollars; | 40875 |
(2) The difference between the capital costs portion of the | 40876 |
ICF/MR's Medicaid reimbursement per diem rate determined under | 40877 |
Section 206.66.25 of Am. Sub. H.B. 66 of the 126th General | 40878 |
Assembly and the lesser of the following: | 40879 |
(a) The ICF/MR's cost of ownership as reported on a | 40880 |
three-month projected capital cost report divided by the greater | 40881 |
of the number of inpatient days the ICF/MR is expected to have | 40882 |
during the period covered by the projected capital cost report or | 40883 |
the number of inpatient days the ICF/MR would have during that | 40884 |
period if the ICF/MR's occupancy rate was ninety-five per cent. | 40885 |
(b) The maximum capital per diem rate in effect for fiscal | 40886 |
year 2005 for ICFs/MR. | 40887 |
(Q) The per diem payments paid for fiscal year 2006 to a | 40888 |
nursing facility that qualifies for the payments pursuant to | 40889 |
division (B)(7) of this section shall equal the lesser of the | 40890 |
following: | 40891 |
(1) Three dollars and fifty cents; | 40892 |
(2) The difference between the capital costs portion of the | 40893 |
nursing facility's Medicaid reimbursement per diem rate determined | 40894 |
under Section 206.66.22 of Am. Sub. H.B. 66 of the 126th General | 40895 |
Assembly, as amended by this act, and the lesser of the following: | 40896 |
(a) Eighty-eight and sixty-five hundredths per cent of the | 40897 |
nursing facility's cost of ownership as reported on a three-month | 40898 |
projected capital cost report divided by the greater of the number | 40899 |
of inpatient days the nursing facility is expected to have during | 40900 |
the period covered by the projected capital cost report or the | 40901 |
number of inpatient days the nursing facility would have during | 40902 |
that period if the nursing facility's occupancy rate was | 40903 |
ninety-five per cent. | 40904 |
(b) The maximum capital per diem rate in effect for fiscal | 40905 |
year 2005 for nursing facilities. | 40906 |
(R) The per diem payments paid for fiscal year 2007 to a | 40907 |
nursing facility that qualifies for the payments pursuant to | 40908 |
division (B)(7) of this section shall equal the lesser of the | 40909 |
following: | 40910 |
(1) Three dollars and fifty cents; | 40911 |
(2) The difference between the capital costs portion of the | 40912 |
nursing facility's Medicaid reimbursement per diem rate determined | 40913 |
under Section 206.66.23 of Am. Sub. H.B. 66 of the 126th General | 40914 |
Assembly, as amended by this act, and the lesser of the following: | 40915 |
(a) Eighty-eight and sixty-five hundredths per cent of the | 40916 |
nursing facility's cost of ownership as reported on a three-month | 40917 |
projected capital cost report divided by the greater of the number | 40918 |
of inpatient days the nursing facility is expected to have during | 40919 |
the period covered by the projected capital cost report or the | 40920 |
number of inpatient days the nursing facility would have during | 40921 |
that period if the nursing facility's occupancy rate was | 40922 |
ninety-five per cent. | 40923 |
(b) The maximum capital per diem rate in effect for fiscal | 40924 |
year 2005 for nursing facilities. | 40925 |
(S) The per diem payments paid to a nursing facility that | 40926 |
qualifies for the payments pursuant to division (B)(8) of this | 40927 |
section shall equal the lesser of the following: | 40928 |
(1) One dollar and fifty cents; | 40929 |
(2) Eighty-five per cent of the nursing facility's cost of | 40930 |
ownership for the renovation as reported on a three-month | 40931 |
projected capital cost report divided by the greater of the number | 40932 |
of inpatient days the nursing facility is expected to have during | 40933 |
the period covered by the projected capital cost report or the | 40934 |
number of inpatient days the nursing facility would have during | 40935 |
that period if the nursing facility's occupancy rate was | 40936 |
ninety-five per cent. | 40937 |
(T) The per diem payments paid to an ICF/MR that qualifies | 40938 |
for the payments pursuant to division (B)(8) of this section shall | 40939 |
equal the lesser of the following: | 40940 |
(1) One dollar and fifty cents; | 40941 |
(2) The ICF/MR's cost of ownership for the renovation as | 40942 |
reported on a three-month projected capital cost report divided by | 40943 |
the greater of the number of inpatient days the ICF/MR is expected | 40944 |
to have during the period covered by the projected capital cost | 40945 |
report or the number of inpatient days the ICF/MR would have | 40946 |
during that period if the ICF/MR's occupancy rate was ninety-five | 40947 |
per cent. | 40948 |
(U) For the months of May and June 2006 only, an amount | 40949 |
determined as follows shall be added to the per diem payments | 40950 |
determined under division (C), (G), or (J) of this section for a | 40951 |
nursing facility or ICF/MR that participated in the Medicaid | 40952 |
program before May 1: | 40953 |
(1) Multiply the amount calculated under division (C), (G), | 40954 |
or (J) of this section for the facility by the number of Medicaid | 40955 |
days the facility had during the period beginning January 1, 2006, | 40956 |
and ending April 30, 2006; | 40957 |
(2) Divide the product determined under division (U)(1) of | 40958 |
this section by the number of Medicaid days the facility is | 40959 |
estimated to have during the period beginning May 1, 2006, and | 40960 |
ending June 30, 2006. | 40961 |
(V) All of the following apply to the per diem payments made | 40962 |
under this section: | 40963 |
(1) No payment shall be made to a nursing facility or ICF/MR | 40964 |
before the following: | 40965 |
(a) In the case of a nursing facility or ICF/MR that | 40966 |
qualifies for the payments pursuant to division (B)(1), (2), or | 40967 |
(3) of this section, the later of May 1, 2006, or the date the | 40968 |
nursing facility or ICF/MR begins to participate in the Medicaid | 40969 |
program; | 40970 |
(b) In the case of a nursing facility or ICF/MR that | 40971 |
qualifies for the payments pursuant to division (B)(4), (5), (7), | 40972 |
or (8) of this section, the later of May 1, 2006, or the date the | 40973 |
capital project, activity, or renovation is placed into service; | 40974 |
(c) In the case of a nursing facility or ICF/MR that | 40975 |
qualifies for the payments pursuant to division (B)(6) of this | 40976 |
section, May 1, 2006. | 40977 |
(2) The payments shall cease at the earlier of the following: | 40978 |
(a) June 30, 2007; | 40979 |
(b) The date that the total amount of the payments equals ten | 40980 |
million dollars. | 40981 |
(3) The payments made for the last month that the payments | 40982 |
are made may be reduced proportionately as necessary to avoid | 40983 |
spending more than ten million dollars under this section. | 40984 |
(4) The per diem payments shall be made monthly by | 40985 |
multiplying the per diem determined for a nursing facility or | 40986 |
ICF/MR by the number of Medicaid days the facility is estimated to | 40987 |
have for the month the payment is made and shall be reconciled | 40988 |
under division (W) of this section. | 40989 |
(5) A change of operator shall not cause the payments to a | 40990 |
nursing facility or ICF/MR to cease. | 40991 |
(6) The payments shall only be made to a nursing facility or | 40992 |
ICF/MR for the months during fiscal years 2006 and 2007 for which | 40993 |
the facility has a valid Medicaid provider agreement. | 40994 |
(7) The payments shall be in addition to a nursing facility | 40995 |
or ICF/MR's Medicaid reimbursement per diem rate calculated under | 40996 |
Section 206.66.22, 206.66.23, or 206.66.25 of Am. Sub. H.B. 66 of | 40997 |
the 126th General Assembly, as, in the case of Sections 206.66.22 | 40998 |
and 206.66.23, amended by this act. | 40999 |
(W) After each monthly payment is made to a nursing facility | 41000 |
or ICF/MR under this section, the Director of Job and Family | 41001 |
Services shall reconcile the number of Medicaid days the facility | 41002 |
was estimated to have for the month the payment was made with the | 41003 |
actual number of Medicaid days the facility has for the month the | 41004 |
payment was made. The Director shall either pay to or recoup from | 41005 |
the facility, as appropriate, the difference between the amount | 41006 |
the facility was paid and the amount the facility should have been | 41007 |
paid based on the actual number of the facility's Medicaid days | 41008 |
for the month. The payment or recoupment may be made by adding to | 41009 |
or subtracting from a subsequent payment to be made to the | 41010 |
facility under this section. | 41011 |
(X) The Director of Job and Family Services shall monitor, on | 41012 |
a monthly basis, the per diem payments made to nursing facilities | 41013 |
and ICFs/MR under this section to ensure that no more than a total | 41014 |
of ten million dollars is spent under this section. | 41015 |
(Y) The Director of Job and Family Services may adopt rules | 41016 |
in accordance with Chapter 119. of the Revised Code as necessary | 41017 |
to implement this section. | 41018 |
Section 606.23. That Sections 19.01, 20.01, 23.12, and 23.45 | 41019 |
of Am. Sub. H.B. 16 of the 126th General Assembly, as amended by | 41020 |
Am. Sub. H.B. 66 of the 126th General Assembly, be amended to read | 41021 |
as follows: | 41022 |
Sec. 19.01. All items set forth in this section are hereby | 41023 |
appropriated out of any moneys in the state treasury to the credit | 41024 |
of the Cultural and Sports Facilities Building Fund (Fund 030) | 41025 |
that are not otherwise appropriated. | 41026 |
Appropriations |
41027 |
CAP-010 | Sandusky State Theatre Improvements | $ | 325,000 | 41028 | |||
CAP-013 | Stambaugh Hall Improvements | $ | 250,000 | 41029 | |||
CAP-033 | Woodward Opera House Renovation | $ | 100,000 | 41030 | |||
CAP-038 | Center Exhibit Replacement | $ | 816,000 | 41031 | |||
CAP-043 | Statewide Site Repairs | $ | 100,000 | 41032 | |||
CAP-044 | National Underground Railroad Freedom Center | $ | 4,150,000 | 41033 | |||
CAP-046 | Cincinnati Museum Center Improvements | $ | 250,000 | 41034 | |||
CAP-052 | Akron Art Museum | $ | 1,012,500 | 41035 | |||
CAP-053 | Powers Auditorium Improvements - Eleanor Beecher Flad Pavilion | $ | 250,000 | 41036 | |||
CAP-065 | Beck Center for the Cultural Arts | $ | 100,000 | 41037 | |||
41038 | |||||||
CAP-071 | Cleveland Institute of Music | $ | 750,000 | 41039 | |||
CAP-073 | Marina District/Ice Arena Development | $ | 3,500,000 | 41040 | |||
CAP-074 | Stan Hywet Hall & Gardens - West Vista Restoration | $ | 750,000 | 41041 | |||
CAP-745 | Emergency Repairs | $ | 838,560 | 41042 | |||
CAP-769 | Rankin House State Memorial | $ | 192,000 | 41043 | |||
CAP-781 | Archives and Library Automation | $ | 624,000 | 41044 | |||
CAP-784 | Center Rehabilitation | $ | 960,000 | 41045 | |||
CAP-806 | Grant Boyhood Home Improvements | $ | 480,000 | 41046 | |||
CAP-812 | Schuster Arts Center | $ | 5,500,000 | 41047 | |||
CAP-823 | Marion Palace Theatre | $ | 750,000 | 41048 | |||
CAP-826 | Renaissance Theatre | $ | 750,000 | 41049 | |||
CAP-834 | Galion Historic Big Four Depot Restoration | $ | 170,000 | 41050 | |||
CAP-835 | Jamestown Opera House | $ | 125,000 | 41051 | |||
CAP-844 | Charles A. Eulett Education Center/Edge of Appalachia Museum Center | $ | 1,850,000 | 41052 | |||
CAP-845 | Lima Historic Athletic Field | $ | 100,000 | 41053 | |||
CAP-846 | Butler Palace Theatre | $ | 200,000 | 41054 | |||
CAP-847 | Voice of America Museum | $ | 275,000 | 41055 | |||
CAP-848 | Oxford Arts Center ADA Project | $ | 72,000 | 41056 | |||
CAP-849 | Clark County Community Arts Expansion Project | $ | 500,000 | 41057 | |||
CAP-850 | Westcott House Historic Site | $ | 75,000 | 41058 | |||
CAP-851 | General Lytle Homestead - Harmony Hill | $ | 50,000 | 41059 | |||
CAP-852 | Miami Township Community Amphitheatre | $ | 50,000 | 41060 | |||
CAP-853 | Western Reserve Historical Society | $ | 1,000,000 | 41061 | |||
CAP-854 | Steamship Mather Museum | $ | 100,000 | 41062 | |||
CAP-855 | Rock and Roll Hall of Fame | $ | 250,000 | 41063 | |||
41064 | |||||||
41065 | |||||||
CAP-858 | Strongsville Historic Building | $ | 100,000 | 41066 | |||
CAP-859 | Arts Castle | $ | 100,000 | 41067 | |||
CAP-860 | Great Lakes Historical Society | $ | 325,000 | 41068 | |||
CAP-861 | Ohio Glass Museum | $ | 250,000 | 41069 | |||
41070 | |||||||
CAP-863 | Ariel Theatre | $ | 100,000 | 41071 | |||
CAP-864 | Bellbrook/Sugarcreek Historical Society | $ | 10,000 | 41072 | |||
CAP-866 | Sports Facilities Improvements - Cincinnati | $ | 4,350,000 | 41073 | |||
CAP-867 | Ensemble Theatre | $ | 450,000 | 41074 | |||
CAP-868 | Taft Museum | $ | 500,000 | 41075 | |||
CAP-869 | Art Academy of Cincinnati | $ | 100,000 | 41076 | |||
CAP-870 | Riverbend Pavilion Improvements | $ | 250,000 | 41077 | |||
CAP-871 | Cincinnati Art & Technology Academy - Longworth Hall | $ | 100,000 | 41078 | |||
CAP-872 | Music Hall: Over-The-Rhine | $ | 750,000 | 41079 | |||
CAP-873 | John Bloomfield Home Restoration | $ | 115,000 | 41080 | |||
CAP-874 | Malinta Historical Society Caboose Exhibit | $ | 6,000 | 41081 | |||
CAP-875 | Hocking County Historical Society - Schempp House | $ | 10,000 | 41082 | |||
CAP-876 | Art Deco Markay Theater | $ | 200,000 | 41083 | |||
CAP-877 | Harvey Wells House | $ | 100,000 | 41084 | |||
CAP-878 | Bryn Du | $ | 250,000 | 41085 | |||
CAP-879 | Broad Street Historical Renovation | $ | 300,000 | 41086 | |||
CAP-880 | Amherst Historical Society | $ | 35,000 | 41087 | |||
CAP-881 | COSI - Toledo | $ | 1,900,000 | 41088 | |||
CAP-882 | Ohio Theatre - Toledo | $ | 100,000 | 41089 | |||
CAP-883 | Chester Academy Historic Site Renovations | $ | 25,000 | 41090 | |||
CAP-884 | Bradford Ohio Railroad Museum | $ | 100,000 | 41091 | |||
CAP-885 | Montgomery County Historical Society Archives | $ | 100,000 | 41092 | |||
CAP-886 | Nelson T. Gant Historic Homestead | $ | 25,000 | 41093 | |||
CAP-887 | Aurora Outdoor Sports Complex | $ | 50,000 | 41094 | |||
CAP-888 | Preble County Historical Society | $ | 100,000 | 41095 | |||
CAP-889 | Tecumseh Sugarloaf Mountain Amphitheatre | $ | 120,000 | 41096 | |||
CAP-890 | Pro Football Hall of Fame | $ | 400,000 | 41097 | |||
CAP-891 | MAPS Air Museum | $ | 15,000 | 41098 | |||
CAP-892 | Foundation Community Theatre | $ | 50,000 | 41099 | |||
CAP-893 | William McKinley Library Restoration | $ | 250,000 | 41100 | |||
CAP-894 | Hale Farm & Village | $ | 250,000 | 41101 | |||
CAP-896 | Richard Howe House | $ | 100,000 | 41102 | |||
CAP-897 | Ward-Thomas Museum | $ | 30,000 | 41103 | |||
CAP-898 | Packard Music Hall Renovation Project | $ | 41104 | ||||
CAP-899 | Holland Theatre | $ | 100,000 | 41105 | |||
CAP-900 | Van Wert Historical Society | $ | 32,000 | 41106 | |||
CAP-901 | Warren County Historical Society | $ | 225,000 | 41107 | |||
CAP-902 | Marietta Colony Theatre | $ | 335,000 | 41108 | |||
CAP-903 | West Salem Village Opera House | $ | 92,000 | 41109 | |||
CAP-904 | Beavercreek Community Theater | $ | 100,000 | 41110 | |||
CAP-905 | Smith Orr Homestead | $ | 100,000 | 41111 | |||
Total Cultural Facilities Commission | $ | 41112 | |||||
TOTAL Cultural and Sports Facilities Building Fund | $ | 41113 |
Sec. 20.01. All items set forth in this section are hereby | 41115 |
appropriated out of any moneys in the state treasury to the credit | 41116 |
of the Ohio Parks and Natural Resources Fund (Fund 031) that are | 41117 |
not otherwise appropriated. | 41118 |
Appropriations |
41119 |
41120 |
CAP-012 | Land Acquisition | $ | 750,000 | 41121 | |||
CAP-051 | Buck Creek State Park - Camp/Dock Renovations | $ | 25,000 | 41122 | |||
CAP-060 | East Fork State Park Renovation | $ | 50,000 | 41123 | |||
CAP-068 | Kennedy Stone House | $ | 15,000 | 41124 | |||
CAP-080 | Atwood Lake Conservancy District | $ | 75,000 | 41125 | |||
CAP-083 | John Bryan State Park Shelter Construction | $ | 30,000 | 41126 | |||
CAP-084 | Findley State Park General Improvements | $ | 12,500 | 41127 | |||
CAP-086 | Scippo Creek Conservation | $ | 75,000 | 41128 | |||
CAP-087 | Belpre City Swimming Pool | $ | 125,000 | 41129 | |||
CAP-705 | Ohio-Erie Canal Tuscarawas River Logjam Removal | $ | 25,000 | 41130 | |||
CAP-748 | Local Parks Projects - Statewide | $ | 41131 | ||||
2,561,079 | 41132 | ||||||
CAP-753 | Project Planning | $ | 1,144,316 | 41133 | |||
CAP-881 | Dam Rehabilitation | $ | 5,000,000 | 41134 | |||
CAP-931 | Wastewater/Water Systems Upgrades | $ | 2,900,000 | 41135 | |||
Total Statewide and Local Projects | $ | 41136 | |||||
Total Department of Natural Resources | $ | 41137 | |||||
12,787,895 | 41138 | ||||||
TOTAL Ohio Parks and Natural Resources Fund | $ | 41139 | |||||
12,787,895 | 41140 |
GOLL WOOD HOMESTEAD | 41141 |
Of the foregoing appropriation item CAP-748, Local Parks | 41142 |
Projects - Statewide, $50,000 shall be used for the Goll Wood | 41143 |
Homestead. | 41144 |
Appropriations |
Sec. 23.12. CLS CLEVELAND STATE UNIVERSITY | 41145 |
CAP-023 | Basic Renovations | $ | 3,267,875 | 41146 | |||
CAP-084 | Neighborhood Centers Renovations | $ | 500,000 | 41147 | |||
CAP-125 | College of Education Building | $ | 8,057,262 | 41148 | |||
CAP-148 | Cleveland Institute of Art | $ | 1,000,000 | 41149 | |||
CAP-152 | Rhodes Tower-Data Center Relocation | $ | 1,000,000 | 41150 | |||
CAP-153 | University Annex-Vacation and Demolition | $ | 49,390 | 41151 | |||
CAP-154 | Main Classroom Stair Tower & Entry | $ | 1,500,000 | 41152 | |||
CAP-155 | Cleveland Playhouse | $ | 250,000 | 41153 | |||
CAP-156 | Physical Education Building Rehabilitation | $ | 1,000,000 | 41154 | |||
Total Cleveland State University | $ | |
41155 |
NEIGHBORHOOD CENTERS RENOVATIONS | 41156 |
Of the foregoing appropriation item CAP-084, Neighborhood | 41157 |
Centers Renovations, $250,000 shall be used for renovations to the | 41158 |
Friendly Inn Settlement House and $250,000 shall be used for | 41159 |
renovations to the Merrick House. | 41160 |
Sec. 23.45. STC STARK TECHNICAL COLLEGE | 41161 |
CAP-004 | Basic Renovations | $ | 438,295 | 41162 | |||
CAP-035 | Business Technologies Addition Rehabilitation | $ | 1,378,892 | 41163 | |||
CAP-037 | Fuel Cell Initiative | $ | 250,000 | 41164 | |||
Total Stark Technical College | $ | 2,067,187 | 41165 | ||||
Total Board of Regents and State | 41166 | ||||||
Institutions of Higher Education | $ | |
41167 | ||||
TOTAL Higher Education Improvement Fund | $ | |
41168 |
Section 606.24. That existing Sections 19.01, 20.01, 23.12, | 41170 |
and 23.45 of Am. Sub. H.B. 16 of the 126th General Assembly, as | 41171 |
amended by Am. Sub. H.B. 66 of the 126th General Assembly, are | 41172 |
hereby repealed. | 41173 |
Section 606.29. That Sections 203.06.06 and 203.06.24 of Am. | 41174 |
Sub. H.B. 68 of the 126th General Assembly, as amended by Am. Sub. | 41175 |
H.B. 66 of the 126th General Assembly, be amended to read as | 41176 |
follows: | 41177 |
Sec. 203.06.06. ENFORCEMENT | 41178 |
State Highway Safety Fund Group | 41179 |
036 | 764-033 | Minor Capital Projects | $ | 1,250,000 | $ | 1,250,000 | 41180 | ||||
036 | 764-321 | Operating Expense - Highway Patrol | $ | 229,293,561 | $ | 237,364,988 | 41181 | ||||
036 | 764-605 | Motor Carrier Enforcement Expenses | $ | 2,643,022 | $ | 2,670,911 | 41182 | ||||
5AY | 764-688 | Traffic Safety Operating | $ | 3,082,962 | $ | 1,999,437 | 41183 | ||||
83C | 764-630 | Contraband, Forfeiture, Other | $ | 622,894 | $ | 622,894 | 41184 | ||||
83F | 764-657 | Law Enforcement Automated Data System | $ | 7,324,524 | $ | 7,544,260 | 41185 | ||||
83G | 764-633 | OMVI Fines | $ | 820,927 | $ | 820,927 | 41186 | ||||
83J | 764-693 | Highway Patrol Justice Contraband | $ | 2,100,000 | $ | 2,100,000 | 41187 | ||||
83T | 764-694 | Highway Patrol Treasury Contraband | $ | 21,000 | $ | 21,000 | 41188 | ||||
831 | 764-610 | Patrol - Federal | $ | 2,430,950 | $ | 2,455,484 | 41189 | ||||
831 | 764-659 | Transportation Enforcement - Federal | $ | 4,880,671 | $ | 5,027,091 | 41190 | ||||
837 | 764-602 | Turnpike Policing | $ | 9,942,621 | $ | 10,240,900 | 41191 | ||||
838 | 764-606 | Patrol Reimbursement | $ | 222,108 | $ | 222,108 | 41192 | ||||
840 | 764-607 | State Fair Security | $ | 1,496,283 | $ | 1,496,283 | 41193 | ||||
840 | 764-617 | Security and Investigations | $ | 8,145,192 | $ | 8,145,192 | 41194 | ||||
840 | 764-626 | State Fairgrounds Police Force | $ | 788,375 | $ | 788,375 | 41195 | ||||
841 | 764-603 | Salvage and Exchange - Highway Patrol | $ | 1,305,954 | $ | 1,339,399 | 41196 | ||||
TOTAL HSF State Highway Safety | 41197 | ||||||||||
Fund Group | $ |
|
$ | 41198 |
General Services Fund Group | 41199 |
4S2 | 764-660 | MARCS Maintenance | $ | 252,432 | $ | 262,186 | 41200 | |||||
TOTAL GSF General Services | 41201 | |||||||||||
Fund Group | $ | 252,432 | $ | 262,186 | 41202 |
41203 |
41204 | |||||||||||
41205 |
TOTAL ALL BUDGET FUND GROUPS - | 41206 | ||||||||||
Enforcement | $ | |
$ | |
41207 |
CASH TRANSFER TO HIGHWAY PATROL FEDERAL CONTRABAND, | 41208 |
FORFEITURE, AND OTHER FUND (FUND 3BF) | 41209 |
On July 1, 2005, or as soon thereafter as possible, | 41210 |
notwithstanding any other provision of law to the contrary, the | 41211 |
Director of Budget and Management shall transfer $1,942,040 in | 41212 |
cash from the Highway Patrol State Contraband, Forfeiture, and | 41213 |
Other Fund (Fund 83C) in the State Highway Safety Fund Group to | 41214 |
the Highway Patrol Federal Contraband, Forfeiture, and Other Fund | 41215 |
(Fund 3BF) in the Federal Special Revenue Fund Group. | 41216 |
CASH TRANSFERS FROM THE HIGHWAY PATROL FEDERAL CONTRABAND, | 41217 |
FORFEITURE, AND OTHER FUND (FUND 3BF) | 41218 |
On the effective date of this section, or as soon as | 41219 |
practicable thereafter, the Director of Public Safety and the | 41220 |
Director of Budget and Management shall do all of the following: | 41221 |
(A) The Director of Public Safety shall certify to the | 41222 |
Director of Budget and Management the amount of the cash balance | 41223 |
credited to the Highway Patrol Federal Contraband, Forfeiture, and | 41224 |
Other Fund (Fund 3BF) that consists of proceeds received by the | 41225 |
State Highway Patrol from the United States Department of Justice | 41226 |
pursuant to federal law from a sale of forfeited contraband, | 41227 |
proceeds from another disposition of forfeited contraband, or | 41228 |
forfeited contraband moneys, and any related investment or other | 41229 |
earnings, and the Director of Budget and Management shall transfer | 41230 |
that certified amount in cash to the credit of the Highway Patrol | 41231 |
Justice Contraband Fund (Fund 83J); | 41232 |
(B) The Director of Public Safety shall certify to the | 41233 |
Director of Budget and Management the amount of the cash balance | 41234 |
credited to the Highway Patrol Federal Contraband, Forfeiture, and | 41235 |
Other Fund (Fund 3BF) that consists of proceeds received by the | 41236 |
State Highway Patrol from the United States Department of Treasury | 41237 |
pursuant to federal law from a sale of forfeited contraband, | 41238 |
proceeds from another disposition of forfeited contraband, or | 41239 |
forfeited contraband moneys, and any related investment or other | 41240 |
earnings, and the Director of Budget and Management shall transfer | 41241 |
that certified amount in cash to the credit of the Highway Patrol | 41242 |
Treasury Contraband Fund (Fund 83T). | 41243 |
Upon completion of the cash transfers specified in divisions | 41244 |
(A) and (B) of this section, the Highway Patrol Federal | 41245 |
Contraband, Forfeiture, and Other Fund is abolished. The Director | 41246 |
of Budget and Management shall cancel any existing encumbrances | 41247 |
against appropriation item 764-692, Federal Contraband, | 41248 |
Forfeiture, and Other, and re-establish them against appropriation | 41249 |
items 764-693, Highway Patrol Justice Contraband, and 764-694, | 41250 |
Highway Patrol Treasury Contraband, as appropriate, for the same | 41251 |
purpose and to the same vendor. As determined by the Director, the | 41252 |
appropriation authority necessary to re-establish those | 41253 |
encumbrances is hereby authorized. | 41254 |
COLLECTIVE BARGAINING INCREASES | 41255 |
Notwithstanding division (D) of section 127.14 and division | 41256 |
(B) of section 131.35 of the Revised Code, except for the General | 41257 |
Revenue Fund, the Controlling Board may, upon the request of | 41258 |
either the Director of Budget and Management, or the Department of | 41259 |
Public Safety with the approval of the Director of Budget and | 41260 |
Management, increase appropriations for any fund, as necessary for | 41261 |
the Department of Public Safety, to assist in paying the costs of | 41262 |
increases in employee compensation that have occurred pursuant to | 41263 |
collective bargaining agreements under Chapter 4117. of the | 41264 |
Revised Code and, for exempt employees, under section 124.152 of | 41265 |
the Revised Code. | 41266 |
Sec. 203.06.24. REVENUE DISTRIBUTION | 41267 |
Holding Account Redistribution Fund Group | 41268 |
R24 | 762-619 | Unidentified Public Safety Receipts | $ | 1,885,000 | $ | 1,885,000 | 41269 | ||||
R52 | 762-623 | Security Deposits | $ | 250,000 | $ | 250,000 | 41270 | ||||
TOTAL 090 Holding Account | 41271 | ||||||||||
Redistribution Fund Group | $ | 2,135,000 | $ | 2,135,000 | 41272 | ||||||
TOTAL ALL BUDGET FUND GROUPS - | 41273 | ||||||||||
Revenue Distribution | $ | 2,135,000 | $ | 2,135,000 | 41274 |
TRANSFER OF CASH BALANCE FROM FUND R27, HIGHWAY PATROL FEE | 41275 |
REFUND FUND | 41276 |
On July 1, 2005, or as soon as possible thereafter, the | 41277 |
Director of Budget and Management shall transfer the cash balance | 41278 |
in the Highway Patrol Fee Refund Fund (Fund R27) created in former | 41279 |
section 4501.12 of the Revised Code to the Unidentified Public | 41280 |
Safety Receipts Fund (Fund R24). | 41281 |
41282 |
TOTAL HSF State Highway Safety | 41283 | ||||||||||
Fund Group | $ | $ | 41284 | ||||||||
TOTAL SSR State Special Revenue | 41285 | ||||||||||
Fund Group | $ | 3,634,144 | $ | 3,634,144 | 41286 | ||||||
TOTAL LCF Liquor Control | 41287 | ||||||||||
Fund Group | $ | 10,120,365 | $ | 10,423,976 | 41288 | ||||||
TOTAL GSF General Services | 41289 | ||||||||||
Fund Group | $ | 752,432 | $ | 762,186 | 41290 | ||||||
TOTAL FED Federal Special Revenue | 41291 | ||||||||||
Fund Group | $ | |
$ | |
41292 | ||||||
TOTAL AGY Agency Fund Group | $ | 100,000 | $ | 100,000 | 41293 | ||||||
TOTAL 090 Holding Account Redistribution | 41294 | ||||||||||
Fund Group | $ | 2,135,000 | $ | 2,135,000 | 41295 | ||||||
TOTAL ALL BUDGET FUND GROUPS | $ | |
$ | |
41296 |
Section 606.30. That existing Sections 203.06.06 and | 41298 |
203.06.24 of Am. Sub. H.B. 68 of the 126th General Assembly, as | 41299 |
amended by Am. Sub. H.B. 66 of the 126th General Assembly, are | 41300 |
hereby repealed. | 41301 |
Section 609.05. That Sections 23 and 23.01 of Am. Sub. S.B. | 41302 |
189 of the 125th General Assembly be amended to read as follows: | 41303 |
Sec. 23. All items set forth in this section are hereby | 41304 |
appropriated out of any moneys in the state treasury to the credit | 41305 |
of the Ohio Parks and Natural Resources Fund (Fund 031) that are | 41306 |
not otherwise appropriated: | 41307 |
Reappropriations |
41308 |
41309 |
CAP-012 | Land Acquisition | $ | 958,039 | 41310 | |||
CAP-702 | Upgrade Underground Fuel Storage Tanks | $ | 999,294 | 41311 | |||
CAP-703 | Cap Abandoned Water Wells | $ | 189,482 | 41312 | |||
CAP-748 | Local Parks Projects - Statewide | $ | 3,406,183 | 41313 | |||
CAP-751 | City of Portsmouth Launch Ramp | $ | 15,989 | 41314 | |||
CAP-753 | Project Planning | $ | 118,360 | 41315 | |||
CAP-766 | South Fork Licking Watershed Study | $ | 600 | 41316 | |||
CAP-768 | Grand River Wildlife Area | $ | 2,700 | 41317 | |||
CAP-788 | Community Recreation Projects | $ | 60,000 | 41318 | |||
CAP-799 | Village of Nelville Boat Ramp | $ | 140,727 | 41319 | |||
CAP-800 | City of Gallipolis Courtesy Dock | $ | 8,700 | 41320 | |||
CAP-814 | North of Rush Run Wildlife Area | $ | 200 | 41321 | |||
CAP-834 | Appraisal Fees - Statewide | $ | 77,265 | 41322 | |||
CAP-844 | Put-In-Bay Township Port Authority | $ | 79,784 | 41323 | |||
CAP-868 | New Philadelphia Office Relocation | $ | 1,500,000 | 41324 | |||
CAP-881 | Dam Rehabilitation | $ | 14,998,701 | 41325 | |||
CAP-900 | City of Huron Docks | $ | 46,786 | 41326 | |||
CAP-928 | Handicapped Accessibility | $ | 743,285 | 41327 | |||
CAP-929 | Hazardous Waste/Asbestos Abatement | $ | 102,857 | 41328 | |||
CAP-931 | Wastewater/Water Systems Upgrades | $ | 9,439,572 | 41329 | |||
CAP-932 | Wetlands/Waterfront Acquisition | $ | 223,481 | 41330 | |||
CAP-934 | Operations Facilities Development | $ | 1,486,438 | 41331 | |||
CAP-963 | Fairpoint Harbor Port Authority | $ | 103,293 | 41332 | |||
CAP-995 | Boundary Protection | $ | 32,426 | 41333 | |||
CAP-999 | Geographic Information Management System | $ | 779,501 | 41334 | |||
Total Statewide and Local Projects | $ | 35,513,663 | 41335 |
41336 |
CAP-750 | Quilter CCC Camp | $ | 900 | 41337 | |||
CAP-817 | Riffe CCC Camp | $ | 1,309 | 41338 | |||
CAP-835 | Civilian Conservation Facilities | $ | 1,847,074 | 41339 | |||
Total Division of Civilian Conservation | $ | 1,849,283 | 41340 |
41341 |
CAP-021 | Mohican State Forest | $ | 1,200 | 41342 | |||
CAP-030 | Shawnee State Forest | $ | 1,300 | 41343 | |||
CAP-073 | Brush Creek State Forest | $ | 5,850 | 41344 | |||
CAP-146 | Zaleski State Forest | $ | 200 | 41345 | |||
CAP-213 | Shade River State Forest | $ | 200 | 41346 | |||
CAP-841 | Operations and Maintenance Facility Development and Renovation | $ | 1,489,212 | 41347 | |||
CAP-977 | Fernwood State Forest | $ | 7,181 | 41348 | |||
Total Division of Forestry | $ | 1,505,143 | 41349 |
41350 |
CAP-867 | Reclamation Facilities Renovation and Development | $ | 19,500 | 41351 | |||
Total Division of Mineral Resources Management | $ | 19,500 | 41352 |
41353 |
CAP-006 | Little Beaver Creek Nature Preserve | $ | 1,500 | 41354 | |||
CAP-826 | Natural Areas and Preserves Maintenance/Facility Development | $ | 788,056 | 41355 | |||
CAP-831 | Lake Katherine | $ | 17,699 | 41356 | |||
CAP-870 | Little Miami Scenic River | $ | 4,800 | 41357 | |||
Total Division of Natural Areas | $ | 812,055 | 41358 |
41359 |
CAP-003 | Barkcamp State Park | $ | 3,025 | 41360 | |||
CAP-005 | Cowan Lake State Park | $ | 34,684 | 41361 | |||
CAP-010 | East Harbor State Park | $ | 41,329 | 41362 | |||
CAP-016 | Hueston Woods State Park | $ | 2,500 | 41363 | |||
CAP-017 | Indian Lake State Park | $ | 2,319 | 41364 | |||
CAP-018 | Kelleys Island State Park | $ | 5,700 | 41365 | |||
CAP-019 | Lake Hope State Park | $ | 500 | 41366 | |||
CAP-025 | Punderson Lake State Park | $ | 8,997 | 41367 | |||
CAP-026 | Pymatuning State Park | $ | 2,650 | 41368 | |||
CAP-032 | West Branch State Park | $ | 6,243 | 41369 | |||
CAP-037 | Kiser Lake State Park | $ | 10,616 | 41370 | |||
CAP-051 | Buck Creek State Park | $ | 500 | 41371 | |||
CAP-052 | Buckeye Lake State Park | $ | 74,746 | 41372 | |||
CAP-060 | East Fork State Park | $ | 1,709 | 41373 | |||
CAP-064 | Geneva State Park | $ | 750 | 41374 | |||
CAP-069 | Hocking Hills State Park | $ | 472 | 41375 | |||
CAP-089 | Mosquito Lake State Park | $ | 41376 | ||||
CAP-093 | Portage Lakes State Park | $ | 44,676 | 41377 | |||
CAP-114 | Beaver Creek State Park | $ | 12,000 | 41378 | |||
CAP-119 | Forked Run State Park | $ | 5,123 | 41379 | |||
CAP-169 | Lake White State Park | $ | 3,100 | 41380 | |||
CAP-222 | Wolf Run State Park | $ | 205,787 | 41381 | |||
CAP-234 | State Parks, Campgrounds, Lodges, and Cabins | $ | 3,431,369 | 41382 | |||
CAP-305 | Maumee Bay State Park | $ | 900 | 41383 | |||
CAP-331 | Park Boating Facilities | $ | 5,411,873 | 41384 | |||
CAP-390 | State Park Maintenance/Facility Development | $ | 1,803,182 | 41385 | |||
CAP-718 | Grand Lake St. Marys State Park | $ | 7,490 | 41386 | |||
CAP-719 | Indian Lake State Park | $ | 7,610 | 41387 | |||
CAP-758 | Muskingum River Parkway Lock #7 | $ | 1,146 | 41388 | |||
CAP-795 | Headlands Beach State Park | $ | 25,160 | 41389 | |||
CAP-815 | Mary Jane Thurston State Park | $ | 4,700 | 41390 | |||
CAP-825 | Marblehead Lighthouse State Park | $ | 1,233 | 41391 | |||
CAP-829 | Sycamore State Park | $ | 500 | 41392 | |||
CAP-836 | State Park Renovations/Upgrading | $ | 3,254,137 | 41393 | |||
CAP-851 | Cleveland Lakefront | $ | 47,051 | 41394 | |||
CAP-916 | Lake Milton State Park | $ | 46,509 | 41395 | |||
Total Division of Parks and Recreation | $ | 41396 |
41397 |
CAP-810 | New Facilities at Farm Science Review | $ | 500 | 41398 | |||
Total Division of Soil and Water Conservation | $ | 500 | 41399 |
41400 |
CAP-705 | Rehabilitate Canals, Hydraulic Works, and Support Facilities | $ | 3,781,222 | 41401 | |||
CAP-730 | Miami and Erie Canal | $ | 700 | 41402 | |||
CAP-819 | Rehabilitate/Automate - Ohio Ground Water Observation Well Network | $ | 294,266 | 41403 | |||
CAP-820 | Automated Stream, Lake, and Ground Water Data Collection | $ | 509,396 | 41404 | |||
CAP-822 | Flood Hazard Information Studies | $ | 5,518 | 41405 | |||
CAP-848 | Hazardous Dam Repair - Statewide | $ | 267,000 | 41406 | |||
Total Division of Water | $ | 4,858,102 | 41407 | ||||
TOTAL Department of Natural Resources | $ | 41408 | |||||
TOTAL Ohio Parks and Natural Resources Fund | $ | 41409 |
Sec. 23.01. LAND ACQUISITION | 41411 |
Of the foregoing appropriation item CAP-012, Land | 41412 |
Acquisition, $300,000 shall be used by the City of Mentor to | 41413 |
purchase property for the Mentor Marsh. | 41414 |
MOSQUITO LAKE STATE PARK | 41415 |
The amount reappropriated for the foregoing appropriation | 41416 |
item CAP-089, Mosquito Lake State Park, is the unencumbered and | 41417 |
unallotted balance as of June 30, 2004, in appropriation item | 41418 |
CAP-089, Mosquito Lake State Park, plus $25,000. Of the foregoing | 41419 |
appropriation item CAP-089, Mosquito Lake State Park, up to | 41420 |
$25,000 shall be used to conduct a state lodge feasibility study. | 41421 |
MIAMI AND ERIE CANAL IMPROVEMENTS | 41422 |
Of the foregoing appropriation item CAP-705, Rehabilitate | 41423 |
Canals, Hydraulic Works, and Support Facilities, at least | 41424 |
$1,250,000 shall be used for Miami and Erie Canal improvements. | 41425 |
LOCAL PARKS PROJECTS - STATEWIDE | 41426 |
The amount reappropriated for the foregoing appropriation | 41427 |
item CAP-748, Local Parks Projects - Statewide, is $840,879 plus | 41428 |
the unencumbered and unallotted balance as of June 30, 2004, in | 41429 |
item CAP-748, Local Parks Projects - Statewide. The $840,879 | 41430 |
represents amounts that were previously appropriated, allocated to | 41431 |
counties pursuant to division (D) of section 1557.06 of the | 41432 |
Revised Code, and encumbered for local project grants. The | 41433 |
encumbrances for these local projects in the various counties | 41434 |
shall be canceled by the Director of Natural Resources or the | 41435 |
Director of Budget and Management. The Director of Natural | 41436 |
Resources shall allocate the $840,879 to the same counties the | 41437 |
moneys were originally allocated to, in the amount of the canceled | 41438 |
encumbrances. | 41439 |
DAM REHABILITATION | 41440 |
Of the foregoing appropriation item CAP-881, Dam | 41441 |
Rehabilitation, up to $5,000,000 shall be used to rehabilitate the | 41442 |
Muskingum River Locks and Dams. | 41443 |
Section 609.06. That existing Sections 23 and 23.01 of Am. | 41444 |
Sub. S.B. 189 of the 125th General Assembly are hereby repealed. | 41445 |
Section 609.11. That Section 22 of Am. Sub. S.B. 189 of the | 41446 |
125th General Assembly, as most recently amended by Am. Sub. H.B. | 41447 |
66 of the 126th General Assembly, be amended to read as follows: | 41448 |
Sec. 22. All items set forth in this section are hereby | 41449 |
appropriated out of any moneys in the state treasury to the credit | 41450 |
of the Cultural and Sports Facilities Building Fund (Fund 030) | 41451 |
that are not otherwise appropriated: | 41452 |
Reappropriations |
41453 |
CAP-003 | Center of Science and Industry - Toledo | $ | 12,268 | 41454 | |||
CAP-004 | Valentine Theatre | $ | 1,111 | 41455 | |||
CAP-005 | Center of Science and Industry - Columbus | $ | 181,636 | 41456 | |||
CAP-010 | Sandusky State Theatre Improvements | $ | 1,000,000 | 41457 | |||
CAP-017 | Zion Center of the National Afro-American Museum | $ | 488,232 | 41458 | |||
CAP-021 | Ohio Historical Center - Archives and Library Shelving | $ | 2,395 | 41459 | |||
CAP-033 | Woodward Opera House Renovation | $ | 1,050,000 | 41460 | |||
CAP-037 | Canton Palace Theatre Renovations | $ | 1,066,126 | 41461 | |||
CAP-038 | Center Exhibit Replacement | $ | 750,000 | 41462 | |||
CAP-042 | Statewide Site Exhibit/Renovation & Construction | $ | 625,000 | 41463 | |||
CAP-043 | Statewide Site Repairs | $ | 454,000 | 41464 | |||
CAP-046 | Cincinnati Museum Center Improvements | $ | 500,000 | 41465 | |||
CAP-052 | Akron Art Museum | $ | 6,634,666 | 41466 | |||
CAP-053 | Powers Auditorium Improvements | $ | 200,000 | 41467 | |||
CAP-055 | Waco Museum & Aviation Learning Center | $ | 500,000 | 41468 | |||
CAP-057 | Comprehensive Master Plan | $ | 180,000 | 41469 | |||
CAP-058 | Cedar Bog Nature Preserve Education Center | $ | 766,200 | 41470 | |||
CAP-061 | Statewide Arts Facilities Planning | $ | 35,931 | 41471 | |||
41472 | |||||||
CAP-064 | Bramley Historic House | $ | 75,000 | 41473 | |||
CAP-066 | Delaware County Cultural Arts Center | $ | 40,000 | 41474 | |||
CAP-068 | Perry County Historical Society | $ | 100,000 | 41475 | |||
41476 | |||||||
CAP-071 | Cleveland Institute of Music | $ | 750,000 | 41477 | |||
CAP-072 | West Side Arts Consortium | $ | 138,000 | 41478 | |||
CAP-074 | Stan Hywet Hall & Gardens | $ | 250,000 | 41479 | |||
CAP-075 | McKinley Museum Improvements | $ | 125,000 | 41480 | |||
CAP-076 | Spring Hill Historic Home | $ | 125,000 | 41481 | |||
CAP-077 | Western Reserve Ballet Improvements | $ | 100,000 | 41482 | |||
CAP-078 | Midland Theatre | $ | 175,000 | 41483 | |||
CAP-079 | Lorain Palace Civic Theatre | $ | 200,000 | 41484 | |||
CAP-080 | Great Lakes Historical Society | $ | 150,000 | 41485 | |||
CAP-734 | Hayes Presidential Center | $ | 75,000 | 41486 | |||
CAP-745 | Historic Sites and Museums | $ | 750,000 | 41487 | |||
CAP-753 | Buffington Island State Memorial | $ | 91,500 | 41488 | |||
CAP-770 | Serpent Mound State Memorial | $ | 295,000 | 41489 | |||
CAP-784 | Ohio Historical Center Rehabilitation | $ | 673,700 | 41490 | |||
CAP-786 | Piqua/Ft Picakawillany Acquisition and Improvements | $ | 136,000 | 41491 | |||
CAP-789 | Neil Armstrong Air and Space Museum Improvements | $ | 103,516 | 41492 | |||
CAP-791 | Harrison Tomb and Site Renovations | $ | 149,500 | 41493 | |||
CAP-796 | Moundbuilders State Memorial | $ | 530,000 | 41494 | |||
CAP-806 | Grant Boyhood Home Improvements | $ | 68,333 | 41495 | |||
CAP-809 | Cincinnati Ballet Facility Improvements | $ | 450,000 | 41496 | |||
CAP-810 | Toledo Museum of Art Improvements | $ | 2,000,000 | 41497 | |||
CAP-814 | Crawford Museum of Transportation & Industry | $ | 2,500,000 | 41498 | |||
CAP-820 | Historical Center Ohio Village Buildings | $ | 502,000 | 41499 | |||
CAP-821 | Lorain County Historical Society | $ | 300,000 | 41500 | |||
CAP-822 | $ | 40,000 | 41501 | ||||
CAP-823 | Marion Palace Theatre | $ | 825,000 | 41502 | |||
CAP-824 | McConnellsville Opera House | $ | 75,000 | 41503 | |||
CAP-825 | Secrest Auditorium | $ | 75,000 | 41504 | |||
CAP-826 | Renaissance Theatre | $ | 50,000 | 41505 | |||
CAP-827 | Trumpet in the Land | $ | 100,000 | 41506 | |||
CAP-829 | Mid Ohio Valley Players | $ | 80,000 | 41507 | |||
CAP-830 | The Anchorage | $ | 50,000 | 41508 | |||
CAP-831 | Wayne County Historical Society | $ | 300,000 | 41509 | |||
CAP-833 | Promont House Museum | $ | 200,000 | 41510 | |||
CAP-837 | Lake County Historical Society | $ | 250,000 | 41511 | |||
CAP-839 | Hancock Historical Society | $ | 75,000 | 41512 | |||
CAP-840 | Riversouth Development | $ | 1,000,000 | 41513 | |||
CAP-841 | Ft. Piqua Hotel | $ | 200,000 | 41514 | |||
CAP-843 | Marina District/Ice Arena Development | $ | 4,000,000 | 41515 | |||
Total Cultural Facilities Commission | $ | 41516 | |||||
TOTAL |
$ | 41517 |
COSI COLUMBUS - LOCAL ADMINISTRATION OF CAPITAL PROJECT | 41518 |
CONTRACTS | 41519 |
Notwithstanding division (A) of section 3383.07 of the | 41520 |
Revised Code, the Ohio Cultural Facilities Commission, with | 41521 |
respect to the foregoing appropriation item CAP-005, Center of | 41522 |
Science and Industry - Columbus, may administer all or part of | 41523 |
capital facilities project contracts involving exhibit fabrication | 41524 |
and installation as determined by the Department of Administrative | 41525 |
Services, the Center of Science and Industry - Columbus, and the | 41526 |
Ohio Cultural Facilities Commission in review of the project | 41527 |
plans. The Ohio Cultural Facilities Commission shall enter into a | 41528 |
contract with the Center of Science and Industry - Columbus to | 41529 |
administer the exhibit fabrication and installation contracts and | 41530 |
such contracts are not subject to Chapter 123. or 153. of the | 41531 |
Revised Code. | 41532 |
SPORTS FACILITIES IMPROVEMENTS - AKRON | 41533 |
The amount reappropriated to the Cultural and Sports | 41534 |
Facilities Building Fund (Fund 030), CAP-024, Sports Facilities | 41535 |
Improvements - Akron, is the unallotted and unencumbered balance | 41536 |
in the Sports Facilities Building Fund (Fund 024), CAP-024, Sports | 41537 |
Facilities Improvements - Akron. | 41538 |
REDS HALL OF FAME | 41539 |
The amount reappropriated to the Cultural and Sports | 41540 |
Facilities Building Fund (Fund 030), CAP-025, Reds Hall of Fame, | 41541 |
is the unallotted and unencumbered balance in the Sports | 41542 |
Facilities Building Fund (Fund 024), CAP-025, Reds Hall of Fame. | 41543 |
AKRON ART MUSEUM | 41544 |
The amount reappropriated for the foregoing appropriation | 41545 |
item CAP-052, Akron Art Museum, is the unencumbered and unallotted | 41546 |
balance as of June 30, 2004, in appropriation item CAP-052, Akron | 41547 |
Art Museum, plus $1,634,666. | 41548 |
MID OHIO VALLEY PLAYERS | 41549 |
The amount reappropriated for the foregoing appropriation | 41550 |
item CAP-829, Mid Ohio Valley Players, is the unencumbered and | 41551 |
unallotted balance as of June 30, 2004, in appropriation item | 41552 |
CAP-829, Mid Ohio Valley Players, plus $30,000. | 41553 |
RIVERSOUTH DEVELOPMENT | 41554 |
The amount reappropriated for the foregoing appropriation | 41555 |
item CAP-840, Riversouth Development, is the unencumbered and | 41556 |
unallotted balance as of June 30, 2004, in appropriation item | 41557 |
CAP-840, Riversouth Development, minus $9,000,000. | 41558 |
MARINA DISTRICT/ICE ARENA DEVELOPMENT | 41559 |
The amount reappropriated to the Cultural and Sports | 41560 |
Facilities Building Fund (Fund 030), CAP-843, Marina District/Ice | 41561 |
Arena Development, is the unallotted and unencumbered balance in | 41562 |
the Sports Facilities Building Fund (Fund 024), CAP-073, Marina | 41563 |
District/Ice Arena Development. | 41564 |
Section 609.12. That existing Section 22 of Am. Sub. S.B. 189 | 41565 |
of the 125th General Assembly, as most recently amended by Am. | 41566 |
Sub. H.B. 66 of the 126th General Assembly, is hereby repealed. | 41567 |
Section 690.03. That Section 315.03 of Am. Sub. H.B. 66 of | 41568 |
the 126th General Assembly is hereby repealed. | 41569 |
Section 690.06. That Section 557.09.09 of Am. Sub. H.B. 66 of | 41570 |
the 126th General Assembly is hereby repealed. | 41571 |
Section 701.03. On or before February 20, 2007, each clerk of | 41572 |
court, as defined in section 120.36 of the Revised Code, shall | 41573 |
provide to the State Public Defender a report including all of the | 41574 |
following for the calendar year 2006: | 41575 |
(A) The number of persons who requested or were provided a | 41576 |
state public defender, county or joint county public defender, or | 41577 |
other counsel appointed by the court; | 41578 |
(B) The number of persons for whom the court waived the | 41579 |
application fee pursuant to division (A) of section 120.36 of the | 41580 |
Revised Code; | 41581 |
(C) The dollar value of the application fees assessed | 41582 |
pursuant to division (A) of section 120.36 of the Revised Code; | 41583 |
(D) The amount of assessed application fees collected; | 41584 |
(E) The balance of unpaid assessed application fees at the | 41585 |
open and close of the calendar year. | 41586 |
Section 709.03. The membership on the Farmland Preservation | 41587 |
Advisory Board of the representative of the Natural Resources | 41588 |
Conservation Service in the United States Department of | 41589 |
Agriculture is hereby terminated pursuant to amendments to section | 41590 |
901.23 of the Revised Code made by this act. The remainder of the | 41591 |
term of that member shall be served by the member who is required | 41592 |
to be appointed by the Director of Agriculture to represent soil | 41593 |
and water conservation interests under that section as amended by | 41594 |
this act. | 41595 |
Section 733.03. Not later than six months after the effective | 41596 |
date of this section, the Department of Education shall develop | 41597 |
and submit to the Education Committee of the Senate and of the | 41598 |
House of Representatives a proposal for an appropriate penalty to | 41599 |
be applied to school districts and community schools that | 41600 |
intentionally report to the Department inaccurate data regarding | 41601 |
formula ADM or community school ADM and other student attendance | 41602 |
numbers required under section 3314.08 or 3317.03 of the Revised | 41603 |
Code and shall provide public testimony on the proposal before | 41604 |
those committees. Copies of the proposal also shall be submitted | 41605 |
to the President and Minority Leader of the Senate and the Speaker | 41606 |
and Minority Leader of the House of Representatives. In developing | 41607 |
the proposal, the Department also shall examine the penalties | 41608 |
prescribed by law and shall provide legislative recommendations | 41609 |
regarding those penalties. | 41610 |
Section 755.03. (A) There is hereby created the Ohio | 41611 |
Transportation Task Force consisting of the following twenty-four | 41612 |
members: three members of the House of Representatives, all of | 41613 |
whom shall be appointed by the Speaker of the House of | 41614 |
Representatives and not more than two of whom shall be from the | 41615 |
same political party as the Speaker of the House of | 41616 |
Representatives; three members of the Senate, all of whom shall be | 41617 |
appointed by the President of the Senate and not more than two of | 41618 |
whom shall be from the same political party as the President of | 41619 |
the Senate; the Director of Development or the Director's | 41620 |
designee; the Director of Public Safety or the Director's | 41621 |
designee; the Director of Transportation or the Director's | 41622 |
designee; the Superintendent of the State Highway Patrol or the | 41623 |
Superintendent's designee; nine members appointed jointly by the | 41624 |
Speaker of the House of Representatives and the President of the | 41625 |
Senate, with each such member being selected from a list of three | 41626 |
individuals with the Ohio Aggregates Association, the Ohio Coal | 41627 |
Association, the Ohio Farm Bureau, the Ohio Trucking Association, | 41628 |
the County Engineers Association of Ohio, the Ohio Municipal | 41629 |
League, the Ohio Township Association, the Ohio Association of | 41630 |
Regional Councils, and the Ohio Manufacturers' Association each | 41631 |
submitting such a list to the Speaker of the House of | 41632 |
Representatives and the President of the Senate for their | 41633 |
consideration; three additional members appointed jointly by the | 41634 |
Speaker of the House of Representatives and the President of the | 41635 |
Senate, with one member representing the industry that transports | 41636 |
freight by air, one member representing the industry that | 41637 |
transports freight by water, and one member representing the | 41638 |
industry that transports freight by rail; and one person appointed | 41639 |
by the Speaker of the House of Representatives and one person | 41640 |
appointed by the President of the Senate, both of whom shall | 41641 |
represent the general public. | 41642 |
All initial appointments to the Task Force shall be made not | 41643 |
later than sixty days after the effective date of this section. | 41644 |
Vacancies shall be filled in the same manner provided for original | 41645 |
appointments. | 41646 |
The Speaker of the House of Representatives and the President | 41647 |
of the Senate each shall appoint a co-chairperson of the Task | 41648 |
Force from among the appointees who are members of their | 41649 |
respective chambers of the General Assembly. The Task Force may | 41650 |
elect from among its members any other officers it considers | 41651 |
advisable. The co-chairpersons shall call the first meeting of the | 41652 |
Task Force not later than thirty days after the last member has | 41653 |
been appointed. | 41654 |
The Legislative Service Commission shall provide any staff or | 41655 |
services the Task Force may require. | 41656 |
(B) The Task Force shall evaluate the state's ability to | 41657 |
provide for the efficient movement of freight within this state | 41658 |
during the next two decades through study of the adequacy of the | 41659 |
state's infrastructure and the weight provisions and permit | 41660 |
requirements of existing law that govern the transportation | 41661 |
industry. The Task Force shall make recommendations as to what | 41662 |
changes, if any, would need to be made to those provisions and | 41663 |
requirements in order to enhance the state's ability to provide | 41664 |
for the efficient movement of freight within this state during | 41665 |
that future time period. | 41666 |
The Task Force also may consider or evaluate existing | 41667 |
statewide freight studies and data, Ohio Department of | 41668 |
Transportation policies on safety and congestion, multi-modal | 41669 |
projects, national freight perspectives, initiatives of other | 41670 |
states in these areas, and potential revenue options. The Task | 41671 |
Force may evaluate these items to determine how they may affect | 41672 |
the state's ability to provide for the efficient movement of | 41673 |
freight within this state during the next two decades. | 41674 |
(C) Not later than December 15, 2007, the Task Force shall | 41675 |
issue a report containing its findings and recommendations. The | 41676 |
Task Force shall send a copy of the report to the Speaker of the | 41677 |
House of Representatives, the Minority Leader of the House of | 41678 |
Representatives, the President of the Senate, the Minority Leader | 41679 |
of the Senate, and the Governor. Upon issuance of the report, the | 41680 |
Task Force shall cease to exist. | 41681 |
Section 757.03. The Tax Commissioner's certification to the | 41682 |
Department of Education in 2006 for the data described in division | 41683 |
(A)(6) of section 3317.021 of the Revised Code shall be made on or | 41684 |
before August 1, 2006. | 41685 |
Section 757.06. (A) As used in this section, "qualified | 41686 |
property" means real and tangible personal property that satisfies | 41687 |
all of the following qualifications: | 41688 |
(1) The property is currently owned by an entity defined | 41689 |
under division (D)(1) of section 5709.07 of the Revised Code; | 41690 |
(2) The current owner purchased the property from an entity | 41691 |
defined under division (D)(1) of section 5709.07 of the Revised | 41692 |
Code; and | 41693 |
(3) The property was exempted from taxation under division | 41694 |
(A)(2) of section 5709.07 of the Revised Code before the previous | 41695 |
owner's acquisition of the property. | 41696 |
(B) Notwithstanding division (A) of section 5715.27 of the | 41697 |
Revised Code, when qualified property has not received tax | 41698 |
exemption for tax year 2003 due to a failure to timely file an | 41699 |
application for exemption for that year, the previous owner of the | 41700 |
property, at any time on or before sixty days after the effective | 41701 |
date of this section, may file with the Tax Commissioner an | 41702 |
application requesting that, pursuant to this section, the | 41703 |
property be placed on the tax exempt list and that all unpaid | 41704 |
taxes, penalties, and interest on the property for tax year 2003 | 41705 |
be abated. | 41706 |
(C) Upon receipt of the application and after consideration | 41707 |
of it, the Tax Commissioner shall determine if the applicant meets | 41708 |
the qualifications set forth in this section, and if so shall | 41709 |
issue an order directing that the property be placed on the tax | 41710 |
exempt list of the county for tax year 2003 and that all unpaid | 41711 |
taxes, penalties, and interest for that year be abated, but only | 41712 |
if the Commissioner finds that the property met the qualifications | 41713 |
for exemption under division (A)(2) of section 5709.07 of the | 41714 |
Revised Code for tax year 2003. | 41715 |
(D) The Tax Commissioner may apply this section to any | 41716 |
qualified property that is the subject of an application for | 41717 |
exemption pending before the Tax Commissioner on the effective | 41718 |
date of this section, without requiring the property owner to file | 41719 |
an additional application, but only if the applicant files a | 41720 |
notice with the Tax Commissioner requesting consideration under | 41721 |
this section before this section expires. | 41722 |
(E) This section expires six months after the effective date | 41723 |
of this section. | 41724 |
Section 757.09. (A) As used in this section, "qualified | 41725 |
property" means real and tangible personal property that satisfies | 41726 |
all of the following conditions: | 41727 |
(1) The property is currently owned by a municipal | 41728 |
corporation; | 41729 |
(2) The current owner of the property acquired the property | 41730 |
from an entity that operated a hospital and that was exempt from | 41731 |
taxation under section 501(c)(3) of the Internal Revenue Code of | 41732 |
1986; and | 41733 |
(3) That entity had previously filed an application for | 41734 |
exemption that was dismissed after the property was transferred to | 41735 |
the municipal corporation. | 41736 |
(B) Notwithstanding section 5713.081 and division (A) of | 41737 |
section 5715.27 of the Revised Code, when qualified property has | 41738 |
not received an exemption from taxation for tax years 2001 through | 41739 |
2004 due to the dismissal of a timely filed application for | 41740 |
exemption filed after the qualified property had been transferred | 41741 |
to the current owner and if the qualified property otherwise | 41742 |
satisfied the qualifications for exemption under section 5709.12 | 41743 |
or 5709.121 of the Revised Code for those years, the prior owner | 41744 |
of the property, at any time on or before sixty days after the | 41745 |
effective date of this section, may file an application with the | 41746 |
Tax Commissioner requesting that, pursuant to this section, the | 41747 |
property be placed on the tax exempt list of the county and that | 41748 |
unpaid taxes, penalties, and interest on the property for those | 41749 |
years be abated or remitted. | 41750 |
(C) Upon receiving an application filed pursuant to this | 41751 |
section, the Tax Commissioner shall determine if the qualified | 41752 |
property that is the subject of the application satisfied the | 41753 |
qualifications for exemption under section 5709.12 or 5709.121 of | 41754 |
the Revised Code for tax years 2001 through 2004 and whether the | 41755 |
applicant satisfies the other qualifications set forth in this | 41756 |
section, and if the qualified property qualified for exemption and | 41757 |
the applicant satisfies those other qualifications, the | 41758 |
Commissioner shall issue an order directing that the property be | 41759 |
placed on the tax exempt list of the county for tax years 2001 | 41760 |
through 2004 and that all unpaid taxes, penalties, and interest | 41761 |
for those years be abated or remitted. | 41762 |
(D) The Tax Commissioner may apply this section to any | 41763 |
qualified property that is the subject of an application for | 41764 |
exemption pending before the Commissioner on the effective date of | 41765 |
this section without requiring that the prior owner of the | 41766 |
qualified property file an additional application so long as the | 41767 |
prior owner files a notice with the Tax Commissioner requesting | 41768 |
consideration of the pending application under this section prior | 41769 |
to the expiration date of this section. | 41770 |
(E) This section expires on the last day of the sixth month | 41771 |
following the effective date of this section. | 41772 |
Section 757.09.03. The amendment by this act of section | 41773 |
5709.08 of the Revised Code is a clarification of existing law and | 41774 |
shall apply to all applications for a tax exemption pending on the | 41775 |
amendment's effective date or filed with the Tax Commissioner on | 41776 |
or after that date. | 41777 |
Section 757.12. Section 5709.081 of the Revised Code, as | 41778 |
amended by this act, is remedial in nature and applies to the tax | 41779 |
years at issue in any application for exemption from taxation | 41780 |
pending before the Tax Commissioner, the Board of Tax Appeals, any | 41781 |
Court of Appeals, or the Supreme Court on the effective date of | 41782 |
this section and to the property that is the subject of the | 41783 |
application. | 41784 |
Section 757.15. Section 5725.222 of the Revised Code, as | 41785 |
enacted by this act, applies to taxes due or paid before, on, or | 41786 |
after the effective date of that section, but no statute of | 41787 |
limitation under division (A) or (B) of that section shall expire | 41788 |
before thirty days after the effective date of that section. | 41789 |
Section 757.18. Section 5729.102 of the Revised Code, as | 41790 |
enacted by this act, applies to taxes due or paid before, on, or | 41791 |
after the effective date of that section, but no statute of | 41792 |
limitation under division (A) or (B) of that section shall expire | 41793 |
before thirty days after the effective date of that section. | 41794 |
Section 757.21. The credit allowed under section 5733.56 of | 41795 |
the Revised Code for providing programs to aid the communicatively | 41796 |
impaired shall be allowed in tax year 2006 and thereafter based on | 41797 |
the amendments made to sections 4905.79, 5733.01, 5733.56, and | 41798 |
5733.98 of the Revised Code by this act. | 41799 |
Section 803.03. The amendment by this act of section 9.901 of | 41800 |
the Revised Code neither confirms nor orders the implementation of | 41801 |
the provisions of the section that have become law but that are | 41802 |
not effective because of Section 611.03 of H.B. 66 of the 126th | 41803 |
General Assembly. The provisions of section 9.901 of the Revised | 41804 |
Code that have become law but that are not effective because of | 41805 |
Section 611.03 of H.B. 66 of the 126th General Assembly continue | 41806 |
not in effect, pending enactment of a law confirming and ordering | 41807 |
their implementation as contemplated by the latter section. The | 41808 |
not-in-effect provisions of section 9.901 of the Revised Code are | 41809 |
presented in this act in compliance with the substantive rule of | 41810 |
form contained in the second sentence of Ohio Constitution, | 41811 |
Article II, Section 15(D) and to negate any implication they are | 41812 |
being repealed. | 41813 |
Section 806.03. The items of law of which the sections of law | 41814 |
contained in this act are composed, and their applications, are | 41815 |
independent and severable. If any item of law that constitutes the | 41816 |
whole or part of a section of law contained in this act, or if any | 41817 |
application of any item of law that constitutes the whole or part | 41818 |
of a section of law contained in this act, is held invalid, the | 41819 |
invalidity does not affect other items of law or applications of | 41820 |
items of law that can be given effect without the invalid item of | 41821 |
law or application. | 41822 |
Section 812.03. Except as otherwise specifically provided in | 41823 |
this act, the amendment or enactment of the sections of law | 41824 |
contained in this act, and the items of law of which the | 41825 |
amendments or enactments are composed, are subject to the | 41826 |
referendum. Therefore, under Ohio Constitution, Article II, | 41827 |
Section 1c and section 1.471 of the Revised Code, the amendment or | 41828 |
enactment of the sections of law contained in this act, and the | 41829 |
items of law of which the amendments or enactments are composed, | 41830 |
take effect on the ninety-first day after this act is filed with | 41831 |
the Secretary of State. If, however, a referendum petition is | 41832 |
filed against any such amendment or enactment, or against any item | 41833 |
of law of which any such amendment or enactment is composed, the | 41834 |
amendment or enactment, or item, unless rejected at the | 41835 |
referendum, takes effect at the earliest time permitted by law. | 41836 |
Section 812.06. Except as otherwise specifically provided in | 41837 |
this act, the repeal by this act of a section of law is subject to | 41838 |
the referendum. Therefore, under Ohio Constitution, Article II, | 41839 |
Section 1c and section 1.471 of the Revised Code, the repeal by | 41840 |
this act of a section of law takes effect on the ninety-first day | 41841 |
after this act is filed with the Secretary of State. If, however, | 41842 |
a referendum petition is filed against any such repeal, the | 41843 |
repeal, unless rejected at the referendum, takes effect at the | 41844 |
earliest time permitted by law. | 41845 |
Section 812.09. The amendment or enactment by this act of the | 41846 |
sections of law listed in this section, and the items of law of | 41847 |
which the amendments or enactments are composed, are subject to | 41848 |
the referendum. Therefore, under Ohio Constitution, Article II, | 41849 |
Section 1c and section 1.471 of the Revised Code, the amendments | 41850 |
or enactments, and the items of law of which the amendments or | 41851 |
enactments are composed, take effect as specified in this section. | 41852 |
If, however, a referendum petition is filed against any such | 41853 |
amendment or enactment, or against any item of law of which any | 41854 |
such amendment or enactment is composed, the amendment or | 41855 |
enactment, unless rejected at the referendum, goes into effect at | 41856 |
the earliest time permitted by law that is on or after the | 41857 |
effective date specified in this section. | 41858 |
Sections 9.41, 113.09, 113.11, 113.12, 117.45 (126.35), | 41859 |
117.46 (126.36), 117.47 (126.37), 117.48 (126.38), 124.09, 124.11, | 41860 |
124.137, 124.138, 124.139, 124.14, 124.151, 124.152, 124.18, | 41861 |
124.181, 124.182, 124.321, 124.327, 124.382, 124.384, 124.387, | 41862 |
124.389, 124.391, 124.82, 124.821, 124.822, 124.823, 124.84, | 41863 |
125.21, 126.07, 126.21, 126.22, 131.01, 131.33, 141.08, 141.10, | 41864 |
145.70, 742.57, 1523.02, 2503.20, 3307.32, 3309.68, 3701.041, | 41865 |
5115.04, 5505.27, and 5747.11 of the Revised Code take effect | 41866 |
December 1, 2006. | 41867 |
Section 515.03 of this act takes effect December 1, 2006. | 41868 |
Section 812.12. The repeal by this act of the sections of | 41869 |
law listed in this section is subject to the referendum. | 41870 |
Therefore, under Ohio Constitution, Article II, Section 1c and | 41871 |
section 1.471 of the Revised Code, the repeals take effect as | 41872 |
specified in this section. If, however, a referendum petition is | 41873 |
filed against any such repeal, the repeal, unless rejected at the | 41874 |
referendum, goes into effect at the earliest time permitted by law | 41875 |
that is on or after the effective date specified in this section. | 41876 |
The repeal of section 4732.04 of the Revised Code takes | 41877 |
effect July 1, 2007. | 41878 |
Section 815.03. The amendment or enactment by this act of the | 41879 |
sections of law listed in this section, and the items of law of | 41880 |
which the amendments or enactments are composed, are not subject | 41881 |
to the referendum. Therefore, under Ohio Constitution, Article II, | 41882 |
Section 1d and section 1.471 of the Revised Code, the amendments | 41883 |
or enactments, and the items of law of which the amendments or | 41884 |
enactments are composed, go into immediate effect when this act | 41885 |
becomes law. | 41886 |
Sections 133.01, 133.06, 184.20, 2305.2341, 2923.46, 2925.44, | 41887 |
2933.43, 3301.0714, 3310.03, 3310.06, 3310.11, 3310.12, 3313.372, | 41888 |
3314.35, 3314.36, 3317.021, 3317.029, 3317.0216, 3318.052, | 41889 |
3745.114, 4781.04, 5111.061, 5111.20, 5111.231, 5111.27, 5123.36, | 41890 |
5123.37, 5123.371, 5123.372, 5123.373, 5123.374, 5123.375, and | 41891 |
5919.19 of the Revised Code. | 41892 |
The repeal and reenactment of section 3325.12 of the Revised | 41893 |
Code. | 41894 |
Sections 203.09, 203.12, 203.12.12, 203.45, 203.51, 203.54, | 41895 |
203.66, 203.69, 203.84, 203.87, 203.99.01, 203.99.48, 206.03, | 41896 |
206.09.12, 206.09.15, 206.09.84, 206.16, 206.48, 206.66.22, | 41897 |
206.66.23, 206.66.36, 206.66.64, 206.66.66, 206.66.84, 206.66.91, | 41898 |
206.67.21, 206.99, 209.04, 209.06.06, 209.06.09, 209.09.06, | 41899 |
209.09.18, 209.15, 209.18, 209.18.09, 209.24, 209.30, 209.33, | 41900 |
209.36, 209.45, 209.63, 209.63.42, 209.64.60, 209.75, 209.81, | 41901 |
212.03, 212.24, 212.27, 212.30, 212.33, 557.12, and 612.36.03 of | 41902 |
Am. Sub. H.B. 66 of the 126th General Assembly. | 41903 |
Sections 203.06.06 and 203.06.24 of Am. Sub. H.B. 68 of the | 41904 |
126th General Assembly. | 41905 |
Sections 506.03, 512.03, 512.03.03, 512.06, 512.12, 512.15, | 41906 |
512.18, 515.06, and 757.03 of this act. | 41907 |
Sections 815.03, 815.06, 815.09, 821.03, 821.09, 827.03, and | 41908 |
831.03 of this act. | 41909 |
Section 815.06. The repeal by this act of the sections of law | 41910 |
listed in this section is not subject to the referendum. | 41911 |
Therefore, under Ohio Constitution, Article II, Section 1d and | 41912 |
section 1.471 of the Revised Code, the repeals go into immediate | 41913 |
effect when this act becomes law. | 41914 |
Section 3325.17 of the Revised Code. | 41915 |
Section 315.03 of Am. Sub. H.B. 66 of the 126th General | 41916 |
Assembly. | 41917 |
Section 815.09. The amendment or enactment by this act of the | 41918 |
sections of law listed in this section, and the items of law of | 41919 |
which the amendments or enactments are composed, are not subject | 41920 |
to the referendum. Therefore, under Ohio Constitution, Article II, | 41921 |
Section 1d and section 1.471 of the Revised Code, the amendments | 41922 |
or enactments, and the items of law of which amendments or | 41923 |
enactments are composed, go into effect as specified in this | 41924 |
section. | 41925 |
Sections 5111.081 (5111.942), 5111.082 (5111.081), 5111.083 | 41926 |
(5111.082), 5111.084 (5111.083), 5111.085 (5111.084), 5111.941, | 41927 |
5111.943, 5112.08, and 5112.18 of the Revised Code take effect | 41928 |
July 1, 2006. | 41929 |
Sections 206.66.85 and 206.67.15 of Am. Sub. H.B. 66 of the | 41930 |
126th General Assembly take effect July 1, 2006. | 41931 |
Section 818.03. The amendment or enactment by this act of the | 41932 |
sections of law listed in this section, and the items of law of | 41933 |
which the amendments or enactments are composed, provide for or | 41934 |
are essential to implementation of a tax levy. Therefore, under | 41935 |
Ohio Constitution, Article II, Section 1d, the amendments and | 41936 |
enactments, and the items of which the amendments and enactments | 41937 |
are composed, are not subject to the referendum and go into | 41938 |
immediate effect when this act becomes law. | 41939 |
Sections 122.17, 122.171, 133.04, 133.18, 307.761, 5701.11, | 41940 |
5705.03, 5705.19, 5705.195, 5705.34, 5709.08, 5709.081, 5709.42, | 41941 |
5709.73, 5709.74, 5709.79, 5711.01, 5725.221, 5725.222, 5725.98, | 41942 |
5727.06, 5727.85, 5729.05, 5729.101, 5729.102, 5729.98, 5733.352, | 41943 |
5739.026, 5743.15, 5745.01, 5747.012, 5747.05, 5747.056, 5747.331, | 41944 |
5748.02, 5751.01, 5751.011, 5751.032, 5751.04, 5751.05, 5751.051, | 41945 |
5751.10, 5751.20, 5751.21, 5751.22, and 5751.53 of the Revised | 41946 |
Code. | 41947 |
Sections 606.18.03, 606.18.06, 757.06, 757.09, 757.09.03, | 41948 |
757.12, 757.15, 757.18, and 831.06 of this act. | 41949 |
Sections 818.03, 818.09, and 821.06 of this act. | 41950 |
Section 818.09. The repeal by this act of the section of law | 41951 |
listed in this section provides for or is essential to | 41952 |
implementation of a tax levy. Therefore, under Ohio Constitution, | 41953 |
Article II, Section 1d, the repeal is not subject to the | 41954 |
referendum and goes into immediate effect when this act becomes | 41955 |
law. | 41956 |
Section 557.09.09 of Am. Sub. H.B. 66 of the 126th General | 41957 |
Assembly. | 41958 |
Section 821.03.03. (A) Except as otherwise provided in | 41959 |
division (B) of this section, the amendments by this act to | 41960 |
section 5709.40 of the Revised Code provide for or are essential | 41961 |
to implementation of a tax levy. Therefore, under Ohio | 41962 |
Constitution, Article II, Section 1d, the amendments are not | 41963 |
subject to the referendum and go into immediate effect when this | 41964 |
act becomes law. | 41965 |
(B) The amendment to division (C)(3)(a) of section 5709.40 of | 41966 |
the Revised Code that refers to section 5709.43 of the Revised | 41967 |
Code is subject to the referendum. Therefore, under Ohio | 41968 |
Constitution, Article II, Section 1c, the amendment takes effect | 41969 |
on the ninety-first day after this act is filed with the Secretary | 41970 |
of State. If, however, a referendum petition is filed against the | 41971 |
amendment, the amendment, unless rejected at the referendum, takes | 41972 |
effect at the earliest time permitted by law. | 41973 |
Section 821.03.06. (A) Except as otherwise provided in | 41974 |
division (B) of this section, the amendments by this act to | 41975 |
section 5709.78 of the Revised Code provide for or are essential | 41976 |
to implementation of a tax levy. Therefore, under Ohio | 41977 |
Constitution, Article II, Section 1d, the amendments are not | 41978 |
subject to the referendum and go into immediate effect when this | 41979 |
act becomes law. | 41980 |
(B) The amendments to the second paragraph of division (A) | 41981 |
and to division (H) of section 5709.78 of the Revised Code are | 41982 |
subject to the referendum. Therefore, under Ohio Constitution, | 41983 |
Article II, Section 1c, the amendments take effect on the | 41984 |
ninety-first day after this act is filed with the Secretary of | 41985 |
State. If, however, a referendum petition is filed against the | 41986 |
amendments, the amendments, unless rejected at the referendum, | 41987 |
take effect at the earliest time permitted by law. | 41988 |
Section 821.06. (A) Except as otherwise provided in division | 41989 |
(B) of this section, the amendments by this act to section 5747.01 | 41990 |
of the Revised Code provide for or are essential to implementation | 41991 |
of a tax levy. Therefore, under Ohio Constitution, Article II, | 41992 |
Section 1d, the amendments are not subject to the referendum and | 41993 |
go into immediate effect when this act becomes law. | 41994 |
(B) The amendments adding divisions (A)(22) and (23) to | 41995 |
section 5747.01 of the Revised Code are subject to the referendum. | 41996 |
Therefore, under Ohio Constitution, Article II, Section 1c, the | 41997 |
amendments take effect on the ninety-first day after this act is | 41998 |
filed with the Secretary of State. If, however, a referendum | 41999 |
petition is filed against either amendment, the amendment, unless | 42000 |
rejected at the referendum, takes effect at the earliest time | 42001 |
permitted by law. | 42002 |
Section 821.09. (A) Except as otherwise provided in division | 42003 |
(B) of this section, the amendments by this act to Section 206.66 | 42004 |
of Am. Sub. H.B. 66 of the 126th General Assembly are not subject | 42005 |
to the referendum. Therefore, under Ohio Constitution, Article II, | 42006 |
Section 1d, and section 1.471 of the Revised Code, the amendments | 42007 |
go into immediate effect when this act becomes law. | 42008 |
(B) The amendments by this act to Section 206.66 of Am. Sub. | 42009 |
H.B. 66 of the 126th General Assembly that adjust appropriation | 42010 |
items 600-525, Health Care/Medicaid, 600-529, Capital Compensation | 42011 |
Program, and 600-623, Health Care Federal, and 600-692, | 42012 |
Prescription Drug Rebate-State and that create appropriation items | 42013 |
600-529, Capital Compensation Program, and 600-639, Medicaid | 42014 |
Revenue Collections, are not subject to the referendum. Therefore, | 42015 |
under Ohio Constitution, Article II, Section 1d, and section 1.471 | 42016 |
of the Revised Code, the amendments take effect July 1, 2006. | 42017 |
Section 827.03. The amendment of Section 612.36.03 of Am. | 42018 |
Sub. H.B. 66 of the 126th General Assembly by sections 606.17 and | 42019 |
606.18 of this act, intended to accelerate the effective date of | 42020 |
the amendments to divisions (A) and (I) of section 3301.0711 of | 42021 |
the Revised Code, by Am. Sub. H.B. 66 of the 126th General | 42022 |
Assembly, from July 1, 2006, to the effective date of this | 42023 |
section. | 42024 |
Section 831.03. The General Assembly, applying the principle | 42025 |
stated in division (B) of section 1.52 of the Revised Code that | 42026 |
amendments are to be harmonized if reasonably capable of | 42027 |
simultaneous operation, finds that the following sections, | 42028 |
presented in this act as composites of the sections as amended by | 42029 |
the acts indicated, are the resulting versions of the sections in | 42030 |
effect prior to the effective date of the sections as presented in | 42031 |
this act: | 42032 |
Section 109.572 of the Revised Code as amended by both Am. | 42033 |
Sub. H.B. 11 and Am. Sub. H.B. 117 of the 125th General Assembly | 42034 |
and Am. Sub. H.B. 68 of the 126th General Assembly. | 42035 |
Section 133.04 of the Revised Code as amended by both Am. | 42036 |
H.B. 76 and Am. Sub. S.B. 3 of the 123rd General Assembly. | 42037 |
Section 2913.01 of the Revised Code as amended by Am. Sub. | 42038 |
H.B. 361, Am. Sub. H.B. 369, Sub. H.B. 536, and Am. Sub. S.B. 146, | 42039 |
all of the 125th General Assembly. | 42040 |
Section 4731.22 of the Revised Code as amended by both Sub. | 42041 |
H.B. 126 and Am. Sub. S.B. 80 of the 125th General Assembly. | 42042 |
Section 5709.73 of the Revised Code as amended by both Am. | 42043 |
Sub. H.B. 66 and Sub. S.B.107 of the 126th General Assembly. | 42044 |
Section 5735.27 of the Revised Code as amended by both Am. | 42045 |
Sub. H.B. 68 and Sub. S.B. 107 of the 126th General Assembly. | 42046 |
Section 5743.081 of the Revised Code as amended by both Sub. | 42047 |
S.B. 200 and Am. Sub. S.B. 261 of the 124th General Assembly. | 42048 |
The finding in this section takes effect at the same time as | 42049 |
the section referenced in the finding takes effect. | 42050 |
Section 831.06. The amendments by this act of the first | 42051 |
paragraph of division (F) of section 5751.01, of division | 42052 |
(F)(2)(w) of section 5751.01, of the first paragraph of section | 42053 |
5751.032, and of divisions (A)(7) and (A)(8)(c) of section | 42054 |
5751.032 of the Revised Code are nonsubstantive corrections of | 42055 |
errors in Chapter 5751. of the Revised Code. | 42056 |