Senators Amstutz, Goodman, Clancy, Carey, Jacobson, Harris
A BILL
To amend sections 9.24, 9.981, 101.68, 102.02, 102.06, 108.05, 109.54, 109.57, 109.79, 109.91, 109.98, 117.10, 120.06, 120.13, 120.23, 120.52, 120.53, 121.37, 121.38, 122.011, 122.17, 122.171, 122.18, 122.40, 122.603, 122.71, 122.72, 122.73, 122.74, 122.75, 122.751, 122.76, 122.77, 122.78, 122.79, 122.82, 122.83, 122.95, 122.951, 123.01, 123.152, 123.17, 124.07, 124.321, 124.328, 125.041, 125.05, 125.11, 125.831, 125.832, 126.25, 127.16, 131.02, 131.23, 133.08, 133.081, 133.09, 140.01, 141.011, 141.04, 145.01, 145.33, 147.05, 147.10, 147.11, 147.12, 147.371, 149.30, 150.07, 150.10, 154.11, 173.26, 173.40, 173.99, 181.251, 181.51, 181.52, 181.54, 181.55, 181.56, 183.28, 184.02, 305.171, 307.37, 307.695, 307.86, 307.88, 317.08, 317.36, 319.20, 319.302, 321.24, 323.01, 323.152, 325.31, 329.04, 329.051, 339.72, 339.88, 340.03, 340.16, 351.01, 351.021, 351.06, 351.141, 351.16, 718.09, 718.10, 731.14, 731.141, 742.59, 901.43, 903.05, 905.32, 905.33, 905.331, 905.36, 905.37, 905.38, 905.381, 905.50, 905.501, 905.66, 907.16, 913.02, 913.23, 915.02, 915.16, 915.24, 921.02, 921.16, 923.44, 923.45, 923.46, 926.01, 927.69, 1111.04, 1327.511, 1502.02, 1509.06, 1509.072, 1509.31, 1515.14, 1517.02, 1521.062, 1531.27, 1533.10, 1533.11, 1533.111, 1533.112, 1533.12, 1533.32, 1541.03, 1548.06, 1707.01, 1707.17, 1707.19, 1707.20, 1707.22, 1707.23, 1707.25, 1707.261, 1707.431, 1707.44, 1707.46, 1711.52, 1711.53, 1713.03, 1751.03, 1751.04, 1751.05, 1901.26, 1901.31, 1907.24, 2113.041, 2117.061, 2151.352, 2151.416, 2152.43, 2152.74, 2303.201, 2305.234, 2329.66, 2743.191, 2744.05, 2744.08, 2901.07, 2913.40, 2921.13, 2923.25, 2923.35, 2923.46, 2925.44, 2933.43, 2933.74, 2949.092, 2971.05, 3107.10, 3111.04, 3119.54, 3121.12, 3121.50, 3125.18, 3301.079, 3301.0710, 3301.0711, 3301.0714, 3301.0715, 3301.12, 3301.16, 3301.311, 3301.32, 3301.56, 3301.86, 3301.88, 3302.03, 3313.207, 3313.208, 3313.209, 3313.489, 3313.975, 3313.976, 3313.977, 3313.978, 3313.98, 3314.013, 3314.015, 3314.02, 3314.021, 3314.03, 3314.031, 3314.032, 3314.06, 3314.074, 3314.08, 3314.13, 3315.17, 3315.18, 3315.37, 3316.06, 3316.16, 3317.01, 3317.013, 3317.02, 3317.021, 3317.022, 3317.023, 3317.024, 3317.026, 3317.027, 3317.028, 3317.029, 3317.0216, 3317.0217, 3317.03, 3317.031, 3317.05, 3317.052, 3317.053, 3317.06, 3317.063, 3317.07, 3317.081, 3317.09, 3317.10, 3317.16, 3317.20, 3317.21, 3317.22, 3317.23, 3317.50, 3317.51, 3318.091, 3318.33, 3319.081, 3319.17, 3319.22, 3319.235, 3319.55, 3323.021, 3323.091, 3323.14, 3323.16, 3327.01, 3332.092, 3333.04, 3333.044, 3333.12, 3333.121, 3333.27, 3333.28, 3333.36, 3333.38, 3334.01, 3334.02, 3334.03, 3334.07, 3334.08, 3334.09, 3334.10, 3334.11, 3334.12, 3334.15, 3334.16, 3334.17, 3334.18, 3334.19, 3335.02, 3345.10, 3345.19, 3345.32, 3353.01, 3353.04, 3353.06, 3353.07, 3362.02, 3365.01, 3365.02, 3365.04, 3365.041, 3365.05, 3365.08, 3375.40, 3375.48, 3375.49, 3375.54, 3375.55, 3381.02, 3381.04, 3381.05, 3381.06, 3381.07, 3381.15, 3383.02, 3383.09, 3501.141, 3501.17, 3513.04, 3513.041, 3513.05, 3513.052, 3513.257, 3513.259, 3513.261, 3517.13, 3517.151, 3701.023, 3701.146, 3701.65, 3702.141, 3702.51, 3702.68, 3702.71, 3702.74, 3703.01, 3703.03, 3703.04, 3703.05, 3703.06, 3703.07, 3703.08, 3703.10, 3703.99, 3704.035, 3704.143, 3704.99, 3705.24, 3712.03, 3714.07, 3721.01, 3721.011, 3721.02, 3721.03, 3721.07, 3721.121, 3721.15, 3721.19, 3721.21, 3721.50, 3721.51, 3721.52, 3721.56, 3721.58, 3722.01, 3722.02, 3722.04, 3734.01, 3734.20, 3734.21, 3734.22, 3734.23, 3734.28, 3734.57, 3734.573, 3734.85, 3734.901, 3734.9010, 3735.27, 3743.01, 3743.02, 3743.04, 3743.05, 3743.06, 3743.15, 3743.17, 3743.18, 3743.19, 3743.57, 3743.59, 3743.65, 3743.75, 3745.11, 3745.12, 3746.04, 3746.071, 3748.07, 3748.13, 3773.34, 3773.38, 3773.39, 3773.40, 3773.57, 3781.07, 3781.10, 3781.102, 3793.09, 3901.021, 3901.17, 3901.3814, 3901.78, 3903.14, 3903.42, 3905.04, 3905.36, 3905.40, 3923.27, 4112.12, 4115.32, 4115.34, 4117.10, 4117.24, 4121.12, 4121.121, 4121.125, 4123.27, 4123.44, 4123.47, 4301.10, 4301.43, 4303.182, 4501.01, 4501.37, 4503.103, 4503.471, 4503.48, 4503.50, 4503.53, 4503.571, 4503.59, 4503.73, 4503.85, 4503.91, 4505.06, 4506.03, 4506.07, 4511.191, 4511.75, 4517.01, 4519.01, 4519.02, 4519.09, 4561.17, 4561.18, 4561.21, 4703.15, 4705.09, 4709.05, 4713.02, 4717.05, 4723.32, 4723.33, 4723.34, 4723.341, 4723.63, 4731.65, 4731.71, 4736.11, 4736.12, 4740.14, 4753.03, 4753.06, 4753.071, 4753.08, 4753.09, 4755.03, 4755.48, 4766.09, 4905.10, 4905.54, 4905.95, 4911.18, 4973.171, 5101.16, 5101.181, 5101.184, 5101.21, 5101.241, 5101.26, 5101.31, 5101.35, 5101.36, 5101.46, 5101.47, 5101.75, 5101.752, 5101.80, 5101.801, 5101.821, 5104.01, 5104.02, 5104.32, 5107.05, 5107.10, 5107.26, 5107.30, 5107.58, 5110.01, 5110.05, 5110.352, 5110.39, 5111.011, 5111.019, 5111.0112, 5111.02, 5111.021, 5111.022, 5111.023, 5111.025, 5111.042, 5111.06, 5111.082, 5111.11, 5111.111, 5111.113, 5111.16, 5111.17, 5111.19, 5111.20, 5111.204, 5111.21, 5111.22, 5111.221, 5111.23, 5111.231, 5111.235, 5111.241, 5111.25, 5111.251, 5111.255, 5111.257, 5111.26, 5111.261, 5111.263, 5111.264, 5111.27, 5111.28, 5111.29, 5111.291, 5111.30, 5111.31, 5111.32, 5111.33, 5111.62, 5111.81, 5111.85, 5111.87, 5111.871, 5111.88, 5111.97, 5111.99, 5112.03, 5112.08, 5112.17, 5112.30, 5112.31, 5115.20, 5115.22, 5115.23, 5119.61, 5120.09, 5120.51, 5121.01, 5121.02, 5121.03, 5121.04, 5121.05, 5121.06, 5121.061, 5121.07, 5121.08, 5121.09, 5121.10, 5121.11, 5121.12, 5121.21, 5122.03, 5122.31, 5123.01, 5123.045, 5123.046, 5123.047, 5123.049, 5123.0412, 5123.34, 5123.41, 5123.701, 5123.71, 5123.76, 5126.01, 5126.035, 5126.042, 5126.054, 5126.055, 5126.056, 5126.057, 5126.12, 5139.01, 5139.36, 5153.16, 5502.01, 5502.03, 5531.10, 5540.01, 5540.09, 5549.01, 5552.01, 5573.13, 5703.052, 5703.053, 5703.47, 5703.50, 5703.70, 5703.80, 5705.091, 5705.391, 5705.40, 5709.07, 5709.12, 5709.121, 5709.40, 5709.73, 5709.77, 5709.78, 5711.01, 5711.16, 5711.21, 5711.22, 5711.28, 5713.01, 5715.01, 5715.24, 5719.041, 5725.01, 5725.19, 5727.01, 5727.02, 5727.06, 5727.08, 5727.10, 5727.11, 5727.111, 5727.12, 5727.23, 5727.84, 5727.85, 5728.01, 5728.02, 5728.03, 5728.04, 5728.06, 5728.08, 5729.08, 5731.01, 5731.05, 5731.131, 5731.14, 5731.18, 5731.181, 5731.22, 5731.23, 5731.39, 5731.41, 5733.01, 5733.065, 5733.066, 5733.33, 5733.351, 5733.352, 5733.40, 5733.41, 5733.49, 5733.98, 5737.03, 5739.01, 5739.02, 5739.025, 5739.03, 5739.033, 5739.034, 5739.035, 5739.08, 5739.09, 5739.10, 5739.12, 5739.16, 5739.17, 5741.02, 5741.16, 5743.01, 5743.02, 5743.03, 5743.05, 5743.071, 5743.08, 5743.10, 5743.111, 5743.112, 5743.14, 5743.15, 5743.16, 5743.18, 5743.19, 5743.20, 5743.32, 5743.33, 5747.01, 5747.012, 5747.02, 5747.05, 5747.08, 5747.113, 5747.212, 5747.331, 5747.70, 5747.80, 5747.98, 5748.01, 5748.02, 5748.03, 5748.04, 5748.08, 5749.02, 5907.15, 5919.33, 5920.01, 6109.21, 6121.04, and 6123.04; to contingently amend sections 9.833, 9.90, 3311.19, 3313.12, 3313.202, 3313.33, 4117.03, and 4117.08; to amend, for the purpose of adopting new section numbers as indicated in parentheses, sections 181.251 (5502.63), 181.51 (5502.61), 181.52 (5502.62), 181.54 (5502.64), 181.55 (5502.65), 181.56 (5502.66), 3314.031 (3314.21), 3314.032 (3314.22), 3314.034 (3314.24), 3317.21 (3318.47), 3317.22 (3318.48), 3317.23 (3318.49), 4723.63 (4723.91), 5101.75 (173.42), 5101.752 (173.43), 5111.02 (5111.021), 5111.021 (5111.022), 5111.022 (5111.023), 5111.023 (5111.0115), 5111.112 (5111.113), 5111.113 (5111.114), 5111.231 (5111.232), 5111.257 (5111.258), 5111.81 (5111.085), 5111.88 (5111.97), 5111.97 (5111.86), 5121.01 (5121.02), 5121.02 (5121.03), and 5121.03 (5121.01); to enact new
sections 3317.012, 3353.02, 3353.03,
3704.14, 4723.63, 5111.02, 5111.112, 5111.231, 5111.24, 5111.257,
5111.34, 5111.88, and 5123.048, and sections 9.23, 9.231, 9.232, 9.233, 9.234, 9.235, 9.236, 9.237, 9.238, 9.239, 9.241, 101.391, 103.132, 109.579, 109.981, 120.07, 120.36, 121.373, 121.381, 121.382, 121.403, 122.075, 122.083, 122.172, 122.173, 125.18, 125.25, 125.60, 125.601, 125.602, 125.603, 125.604, 125.605, 125.606, 125.607, 125.608, 125.609, 125.6010, 125.6011, 125.6012, 131.022, 153.02, 173.39, 173.391, 173.392, 173.393, 173.44, 173.45, 173.46, 173.47, 173.48, 173.49, 173.50, 305.28, 306.331, 307.676, 341.192, 901.44, 907.111, 1547.721, 1547.722, 1547.723,
1547.724, 1547.725, 1547.726, 1707.164, 1707.165, 1711.531,
1751.271, 2151.282, 2305.2341, 2307.65, 2744.082, 2913.401, 2927.023, 2949.093, 3125.191, 3302.10, 3310.01, 3310.02, 3310.03, 3310.04, 3310.05, 3310.06, 3310.07, 3310.08, 3310.09, 3310.10, 3310.13, 3310.14, 3310.16, 3310.17, 3311.11, 3313.6410, 3314.014, 3314.061, 3314.084, 3314.085, 3314.12, 3314.25, 3314.26, 3314.27, 3314.28, 3314.35, 3314.36, 3316.043, 3317.016, 3317.017, 3317.035, 3317.201, 3318.18, 3319.06, 3319.0810, 3319.172, 3323.20, 3323.30, 3323.31, 3323.32, 3323.33, 3324.10, 3325.10, 3325.11, 3325.12, 3325.15, 3325.16, 3325.17, 3333.047, 3333.122, 3333.123, 3333.162, 3354.25, 3365.11, 3701.073, 3702.83, 3704.144, 3705.242, 3714.073, 3715.04, 3721.032, 3721.541, 3721.561, 3745.015, 3745.114, 3770.061, 3781.191, 3903.421, 4115.36, 4117.103, 4121.126, 4121.127, 4121.128, 4123.441, 4123.444, 4123.445, 4506.101, 4506.161, 4723.61, 4723.62, 4723.621, 4723.64, 4723.65, 4723.651, 4723.652, 4723.66, 4723.67, 4723.68, 4723.69, 4766.14, 4905.261, 4911.021, 5101.07, 5101.071, 5101.163, 5101.244, 5101.461, 5101.802, 5101.803, 5101.93, 5101.98, 5107.301, 5111.0114, 5111.027, 5111.061, 5111.062, 5111.083, 5111.084, 5111.10, 5111.161, 5111.162, 5111.163, 5111.176, 5111.177, 5111.191, 5111.222, 5111.223, 5111.242, 5111.243, 5111.244, 5111.254, 5111.265, 5111.266, 5111.65, 5111.651, 5111.66, 5111.661, 5111.67, 5111.671, 5111.672, 5111.673, 5111.674, 5111.675, 5111.676, 5111.677, 5111.68, 5111.681, 5111.682, 5111.683, 5111.684, 5111.685, 5111.686, 5111.687, 5111.688, 5111.851, 5111.852, 5111.853, 5111.854, 5111.855, 5111.856, 5111.881, 5111.882, 5111.883, 5111.884, 5111.885, 5111.886, 5111.887, 5111.888, 5111.889, 5111.8810, 5111.8811, 5111.8812, 5111.89, 5111.891, 5111.892, 5111.893, 5111.914, 5111.915, 5111.971, 5111.98, 5112.341, 5121.30, 5121.31, 5121.32, 5121.33, 5121.34, 5121.35,
5121.36, 5121.37,
5121.38, 5121.40, 5121.41, 5121.42, 5121.43, 5121.44, 5121.45, 5121.46, 5121.47, 5121.48, 5121.49, 5121.50, 5121.51, 5121.52, 5121.53, 5121.54, 5121.55, 5121.56, 5123.16, 5703.057, 5705.211, 5707.031, 5709.112, 5725.32, 5727.031, 5727.241, 5729.032, 5739.012, 5739.36, 5743.031, 5743.072, 5743.331, 5743.71, 5747.056, 5751.01,
5751.011, 5751.012, 5751.013, 5751.02, 5751.03, 5751.031, 5751.032, 5751.033, 5751.04, 5751.05, 5751.051, 5751.06, 5751.07, 5751.08, 5751.081, 5751.09, 5751.10, 5751.11, 5751.12, 5751.20, 5751.21, 5751.22, 5751.23, 5751.31, 5751.50, 5751.51, 5751.52, 5751.53, 5751.98, 5751.99, 5919.31, 5919.341, 6111.30, 6111.31, and 6111.32; to enact section 9.901 of the Revised Code (certain of its phases contingently); and to repeal sections 181.53, 339.77, 742.36, 1541.221, 3301.31, 3301.33, 3301.34, 3301.35, 3301.36, 3301.37, 3301.38, 3301.80, 3301.85, 3301.87, 3311.40, 3314.15, 3317.012, 3317.0212, 3317.0213, 3353.02, 3353.03, 3506.17, 3704.14, 3704.142, 3704.17, 3721.511, 3901.41, 3901.781, 3901.782, 3901.783, 3901.784, 4519.06, 4519.07, 5101.751, 5101.753, 5101.754, 5111.041, 5111.205, 5111.24, 5111.262, 5111.34, 5115.10, 5115.11, 5115.12, 5115.13, 5115.14, 5123.041, 5123.048, 5571.13, 5731.20, and 5733.122 of the Revised Code; to amend Sections 16.09, 19.01, 20.01, 22.03, 22.04, 23.02, 23.12, 23.13, 23.19, 23.26, 23.45, and 24.01 of Am. Sub. H.B. 16 of the 126th General Assembly; to amend Section 3 of Am. H.B. 67 of the 126th General Assembly; to amend Sections 203.03, 203.03.09, 203.03.10, 203.06.06, 203.06.12, 203.06.15, and 203.06.24 of Am. Sub. H.B. 68 of the 126th General Assembly; to amend Section 41.36 of Am. Sub. H.B. 95 of the 125th General Assembly and to amend Section 41.36 of Am. Sub. H.B. 95 of the 125th General Assembly for the purpose of codifying it as section 3323.19 of the Revised Code; to amend Section 14 of Sub. H.B. 434 of the 125th General Assembly; to amend Section 4 of Am. Sub. H.B. 516 of the 125th General Assembly; to amend Sections 3.01, 3.04, and 26.01 of Am. Sub. S.B. 189 of the 125th General Assembly; to amend Section 22 of Am. Sub. S.B. 189 of the 125th General Assembly, as amended by Am. Sub. H.B. 16 of the 126th General Assembly; to amend Section 3 of Am. Sub. H.B. 621 of the 122nd General Assembly, as subsequently amended; to amend Section 153 of Am. Sub. H.B. 117 of the 121st General Assembly, as subsequently amended; to amend Section 5 of Am. Sub. S.B. 50 of the 121st General Assembly, as subsequently amended; and to repeal Sections 59.19, 89.17, and 147 of Am. Sub. H.B. 95 of the 125th General Assembly to make operating appropriations for the biennium beginning
July 1, 2005 and ending June 30, 2007, and to provide authorization and conditions for the operation of state programs, and to repeal Section 553.01 of this act on February 16, 2006.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 101.01. That sections 9.24, 9.981, 101.68, 102.02, 102.06, 108.05, 109.54, 109.57, 109.79, 109.91, 109.98, 117.10, 120.06, 120.13, 120.23, 120.52, 120.53, 121.37, 121.38, 122.011, 122.17, 122.171, 122.18, 122.40, 122.603, 122.71, 122.72, 122.73, 122.74, 122.75, 122.751, 122.76, 122.77, 122.78, 122.79, 122.82, 122.83, 122.95, 122.951, 123.01, 123.152, 123.17, 124.07, 124.321, 124.328, 125.041, 125.05, 125.11, 125.831, 125.832, 126.25, 127.16, 131.02, 131.23, 133.08, 133.081, 133.09, 140.01, 141.011, 141.04, 145.01, 145.33, 147.05, 147.10, 147.11, 147.12, 147.371, 149.30, 150.07, 150.10, 154.11, 173.26, 173.40, 173.99, 181.251, 181.51, 181.52, 181.54, 181.55, 181.56, 183.28, 184.02, 305.171, 307.37, 307.695, 307.86, 307.88, 317.08, 317.36, 319.20, 319.302, 321.24, 323.01, 323.152, 325.31, 329.04, 329.051, 339.72, 339.88, 340.03, 340.16, 351.01, 351.021, 351.06, 351.141, 351.16, 718.09, 718.10, 731.14, 731.141, 742.59, 901.43, 903.05, 905.32, 905.33, 905.331, 905.36, 905.37, 905.38, 905.381, 905.50, 905.501, 905.66, 907.16, 913.02, 913.23, 915.02, 915.16, 915.24, 921.02, 921.16, 923.44, 923.45, 923.46, 926.01, 927.69, 1111.04, 1327.511, 1502.02, 1509.06, 1509.072, 1509.31, 1515.14, 1517.02, 1521.062, 1531.27, 1533.10, 1533.11, 1533.111, 1533.112, 1533.12, 1533.32, 1541.03, 1548.06, 1707.01, 1707.17, 1707.19, 1707.20, 1707.22, 1707.23, 1707.25, 1707.261, 1707.431, 1707.44, 1707.46, 1711.52, 1711.53, 1713.03, 1751.03, 1751.04, 1751.05, 1901.26, 1901.31, 1907.24, 2113.041, 2117.061, 2151.352, 2151.416, 2152.43, 2152.74, 2303.201, 2305.234, 2329.66, 2743.191, 2744.05, 2744.08, 2901.07, 2913.40, 2921.13, 2923.25, 2923.35, 2923.46, 2925.44, 2933.43, 2933.74, 2949.092, 2971.05, 3107.10, 3111.04, 3119.54, 3121.12, 3121.50, 3125.18, 3301.079, 3301.0710, 3301.0711, 3301.0714, 3301.0715, 3301.12, 3301.16, 3301.311, 3301.32, 3301.56, 3301.86, 3301.88, 3302.03, 3313.207, 3313.208, 3313.209, 3313.489, 3313.975, 3313.976, 3313.977, 3313.978, 3313.98, 3314.013, 3314.015, 3314.02, 3314.021, 3314.03, 3314.031, 3314.032, 3314.06, 3314.074, 3314.08, 3314.13, 3315.17, 3315.18, 3315.37, 3316.06, 3316.16, 3317.01, 3317.013, 3317.02, 3317.021, 3317.022, 3317.023, 3317.024, 3317.026, 3317.027, 3317.028, 3317.029, 3317.0216, 3317.0217, 3317.03, 3317.031, 3317.05, 3317.052, 3317.053, 3317.06, 3317.063, 3317.07, 3317.081, 3317.09, 3317.10, 3317.16, 3317.20, 3317.21, 3317.22, 3317.23, 3317.50, 3317.51, 3318.091, 3318.33, 3319.081, 3319.17, 3319.22, 3319.235, 3319.55, 3323.021, 3323.091, 3323.14, 3323.16, 3327.01, 3332.092, 3333.04, 3333.044, 3333.12, 3333.121, 3333.27, 3333.28, 3333.36, 3333.38, 3334.01, 3334.02, 3334.03, 3334.07, 3334.08, 3334.09, 3334.10, 3334.11, 3334.12, 3334.15, 3334.16, 3334.17, 3334.18, 3334.19, 3335.02, 3345.10, 3345.19, 3345.32, 3353.01, 3353.04, 3353.06, 3353.07, 3362.02, 3365.01, 3365.02, 3365.04, 3365.041, 3365.05, 3365.08, 3375.40, 3375.48, 3375.49, 3375.54, 3375.55, 3381.02, 3381.04, 3381.05, 3381.06, 3381.07, 3381.15, 3383.02, 3383.09, 3501.141, 3501.17, 3513.04, 3513.041, 3513.05, 3513.052, 3513.257, 3513.259, 3513.261, 3517.13, 3517.151, 3701.023, 3701.146, 3701.65, 3702.141, 3702.51, 3702.68, 3702.71, 3702.74, 3703.01, 3703.03, 3703.04, 3703.05, 3703.06, 3703.07, 3703.08, 3703.10, 3703.99, 3704.035, 3704.143, 3704.99, 3705.24, 3712.03, 3714.07, 3721.01, 3721.011, 3721.02, 3721.03, 3721.07, 3721.121, 3721.15, 3721.19, 3721.21, 3721.50, 3721.51, 3721.52, 3721.56, 3721.58, 3722.01, 3722.02, 3722.04, 3734.01, 3734.20, 3734.21, 3734.22, 3734.23, 3734.28, 3734.57, 3734.573, 3734.85, 3734.901, 3734.9010, 3735.27, 3743.01, 3743.02, 3743.04, 3743.05, 3743.06, 3743.15, 3743.17, 3743.18, 3743.19, 3743.57, 3743.59, 3743.65, 3743.75, 3745.11, 3745.12, 3746.04, 3746.071, 3748.07, 3748.13, 3773.34, 3773.38, 3773.39, 3773.40, 3773.57, 3781.07, 3781.10, 3781.102, 3793.09, 3901.021, 3901.17, 3901.3814, 3901.78, 3903.14, 3903.42, 3905.04, 3905.36, 3905.40, 3923.27, 4112.12, 4115.32, 4115.34, 4117.10, 4117.24, 4121.12, 4121.121, 4121.125, 4123.27, 4123.44, 4123.47, 4301.10, 4301.43, 4303.182, 4501.01, 4501.37, 4503.103, 4503.471, 4503.48, 4503.50, 4503.53, 4503.571, 4503.59, 4503.73, 4503.85, 4503.91, 4505.06, 4506.03, 4506.07, 4511.191, 4511.75, 4517.01, 4519.01, 4519.02, 4519.09, 4561.17, 4561.18, 4561.21, 4703.15, 4705.09, 4709.05, 4713.02, 4717.05, 4723.32, 4723.33, 4723.34, 4723.341, 4723.63, 4731.65, 4731.71, 4736.11, 4736.12, 4740.14, 4753.03, 4753.06, 4753.071, 4753.08, 4753.09, 4755.03, 4755.48, 4766.09, 4905.10, 4905.54, 4905.95, 4911.18, 4973.171, 5101.16, 5101.181, 5101.184, 5101.21, 5101.241, 5101.26, 5101.31, 5101.35, 5101.36, 5101.46, 5101.47, 5101.75, 5101.752, 5101.80, 5101.801, 5101.821, 5104.01, 5104.02, 5104.32, 5107.05, 5107.10, 5107.26, 5107.30, 5107.58, 5110.01, 5110.05, 5110.352, 5110.39, 5111.011, 5111.019, 5111.0112, 5111.02, 5111.021, 5111.022, 5111.023, 5111.025, 5111.042, 5111.06, 5111.082, 5111.11, 5111.111, 5111.113, 5111.16, 5111.17, 5111.19, 5111.20, 5111.204, 5111.21, 5111.22, 5111.221, 5111.23, 5111.231, 5111.235, 5111.241, 5111.25, 5111.251, 5111.255, 5111.257, 5111.26, 5111.261, 5111.263, 5111.264, 5111.27, 5111.28, 5111.29, 5111.291, 5111.30, 5111.31, 5111.32, 5111.33, 5111.62, 5111.81, 5111.85, 5111.87, 5111.871, 5111.88, 5111.97, 5111.99, 5112.03, 5112.08, 5112.17, 5112.30, 5112.31, 5115.20, 5115.22, 5115.23, 5119.61, 5120.09, 5120.51, 5121.01, 5121.02, 5121.03, 5121.04, 5121.05, 5121.06, 5121.061, 5121.07, 5121.08, 5121.09, 5121.10, 5121.11, 5121.12, 5121.21, 5122.03, 5122.31, 5123.01, 5123.045, 5123.046, 5123.047, 5123.049, 5123.0412, 5123.34, 5123.41, 5123.701, 5123.71, 5123.76, 5126.01, 5126.035, 5126.042, 5126.054, 5126.055, 5126.056, 5126.057, 5126.12, 5139.01, 5139.36, 5153.16, 5502.01, 5502.03, 5531.10, 5540.01, 5540.09, 5549.01, 5552.01, 5573.013, 5703.052, 5703.053, 5703.47, 5703.50, 5703.70, 5703.80, 5705.091, 5705.391, 5705.40, 5709.07, 5709.12, 5709.121, 5709.40, 5709.73, 5709.77, 5709.78, 5711.01, 5711.16, 5711.21, 5711.22, 5711.28, 5713.01, 5715.01, 5715.24, 5719.041, 5725.01, 5725.19, 5727.01, 5727.02, 5727.06, 5727.08, 5727.10, 5727.11, 5727.111, 5727.12, 5727.23, 5727.84, 5727.85, 5728.01, 5728.02, 5728.03, 5728.04, 5728.06, 5728.08, 5729.08, 5731.01, 5731.05, 5731.131, 5731.14, 5731.18, 5731.181, 5731.22, 5731.23, 5731.39, 5731.41, 5733.01, 5733.065, 5733.066, 5733.33, 5733.351, 5733.352, 5733.40, 5733.41, 5733.49, 5733.98, 5737.03, 5739.01, 5739.02, 5739.025, 5739.03, 5739.033, 5739.034, 5739.035, 5739.08, 5739.09, 5739.10, 5739.12, 5739.16, 5739.17, 5741.02, 5741.16, 5743.01, 5743.02, 5743.03, 5743.05, 5743.071, 5743.08, 5743.10, 5743.111, 5743.112, 5743.14, 5743.15, 5743.16, 5743.18, 5743.19, 5743.20, 5743.32, 5743.33, 5747.01, 5747.012, 5747.02, 5747.05, 5747.08, 5747.113, 5747.212, 5747.331, 5747.70, 5747.80, 5747.98, 5748.01, 5748.02, 5748.03, 5748.04, 5748.08, 5749.02, 5907.15, 5919.33, 5920.01, 6109.21, 6121.04, and 6123.04 be amended; that sections 9.833, 9.90, 3311.19, 3313.12, 3313.202, 3313.33, 4117.03, and 4117.08 be contingently amended; that sections 181.251 (5502.63), 181.51 (5502.61), 181.52 (5502.62), 181.54 (5502.64), 181.55 (5502.65), 181.56 (5502.66), 3314.031 (3314.21), 3314.032 (3314.22), 3314.034 (3314.24), 3317.21 (3318.47), 3317.22 (3318.48), 3317.23 (3318.49), 4723.63 (4723.91), 5101.75 (173.42), 5101.752 (173.43), 5111.02 (5111.021), 5111.021 (5111.022), 5111.022 (5111.023), 5111.023 (5111.0115), 5111.112 (5111.113), 5111.113 (5111.114), 5111.231 (5111.232), 5111.257, (5111.258), 5111.81 (5111.085), 5111.88 (5111.97), 5111.97 (5111.86), 5121.01 (5121.02), 5121.02 (5121.03), and 5121.03 (5121.01) be amended for the purpose of adopting new section numbers as indicated in parentheses; that Section 41.36 of Am. Sub. H.B. 95 of the 125th General Assembly be amended and that Section 41.36 of Am. Sub. H.B. 95 of the 125th General Assembly be amended for the purpose of codifying it as section 3323.19 of the Revised Code; that new sections 3317.012, 3353.02, 3353.03, 3704.14, 4723.63, 5111.02, 5111.112, 5111.231, 5111.24, 5111.257, 5111.34, 5111.88, and 5123.048 and sections 9.23, 9.231, 9.232, 9.233, 9.234, 9.235, 9.236, 9.237, 9.238, 9.239, 9.241, 101.391, 103.132, 109.579, 109.981, 120.07, 120.36, 121.373, 121.381, 121.382, 121.403,
122.075, 122.083, 122.172,
122.173, 125.18,
125.25, 125.60, 125.601, 125.602, 125.603, 125.604, 125.605, 125.606, 125.607, 125.608, 125.609, 125.6010, 125.6011, 125.6012, 131.022, 153.02, 173.39, 173.391, 173.392, 173.393, 173.44, 173.45, 173.46, 173.47, 173.48, 173.49, 173.50, 305.28, 306.331, 307.676, 341.192, 901.44, 907.111, 1547.721, 1547.722, 1547.723, 1547.724, 1547.725, 1547.726, 1707.164, 1707.165, 1711.531, 1751.271, 2151.282, 2305.2341, 2307.65, 2744.082, 2913.401, 2927.023, 2949.093, 3125.191, 3302.10, 3310.01, 3310.02, 3310.03, 3310.04, 3310.05, 3310.06, 3310.07, 3310.08, 3310.09, 3310.10, 3310.13, 3310.14, 3310.16, 3310.17, 3311.11, 3313.6410,
3314.014,
3314.061, 3314.084, 3314.085, 3314.12, 3314.25, 3314.26, 3314.27, 3314.28, 3314.35, 3314.36, 3316.043, 3317.016, 3317.017, 3317.035, 3317.201, 3318.18, 3319.06, 3319.0810, 3319.172, 3323.20, 3323.30, 3323.31, 3323.32, 3323.33, 3324.10, 3325.10, 3325.11,
3325.12, 3325.15, 3325.16, 3325.17, 3333.047,
3333.122, 3333.123,
3333.162, 3354.25, 3365.11, 3701.073, 3702.83, 3704.144, 3705.242, 3714.073, 3715.04, 3721.032, 3721.541, 3721.561, 3745.015, 3745.114, 3770.061, 3781.191, 3903.421, 4115.36, 4117.103, 4121.126, 4121.127, 4121.128, 4123.441, 4123.444, 4123.445, 4506.101, 4506.161, 4723.61, 4723.62, 4723.621, 4723.64, 4723.65, 4723.651, 4723.652, 4723.66, 4723.67, 4723.68, 4723.69, 4766.14, 4905.261, 4911.021, 5101.07, 5101.071, 5101.163, 5101.244, 5101.461, 5101.802, 5101.803, 5101.93, 5101.98, 5107.301, 5111.0114, 5111.027, 5111.061, 5111.062, 5111.083, 5111.084, 5111.10, 5111.161, 5111.162, 5111.163, 5111.176, 5111.177, 5111.191, 5111.222, 5111.223, 5111.242, 5111.243, 5111.244, 5111.254, 5111.265, 5111.266, 5111.65, 5111.651, 5111.66, 5111.661, 5111.67, 5111.671, 5111.672, 5111.673, 5111.674, 5111.675, 5111.676, 5111.677, 5111.68, 5111.681, 5111.682, 5111.683, 5111.684, 5111.685, 5111.686, 5111.687, 5111.688, 5111.851, 5111.852, 5111.853, 5111.854, 5111.855, 5111.856, 5111.881, 5111.882, 5111.883, 5111.884, 5111.885, 5111.886, 5111.887, 5111.888, 5111.889, 5111.8810, 5111.8811, 5111.8812, 5111.89, 5111.891, 5111.892, 5111.893, 5111.914, 5111.915, 5111.971, 5111.98, 5112.341, 5121.30, 5121.31, 5121.32, 5121.33, 5121.34, 5121.35, 5121.36, 5121.37, 5121.38, 5121.40, 5121.41, 5121.42, 5121.43, 5121.44, 5121.45, 5121.46, 5121.47, 5121.48, 5121.49, 5121.50, 5121.51, 5121.52, 5121.53, 5121.54, 5121.55, 5121.56, 5123.16, 5703.057, 5705.211, 5707.031, 5709.112, 5725.32, 5727.031, 5727.241, 5729.032, 5739.012, 5739.36, 5743.031, 5743.072, 5743.331, 5743.71, 5747.056, 5751.01, 5751.011, 5751.012, 5751.013, 5751.02, 5751.03, 5751.031, 5751.032,
5751.033, 5751.04, 5751.05, 5751.051, 5751.06, 5751.07,
5751.08, 5751.081, 5751.09, 5751.10, 5751.11, 5751.12, 5751.20, 5751.21, 5751.22, 5751.23, 5751.31, 5751.50, 5751.51, 5751.52, 5751.53, 5751.98, 5751.99, 5919.31, 5919.341, 6111.30, 6111.31, and 6111.32 be enacted; and that section 9.901 of the Revised Code be enacted (certain of its phases contingently) to read as follows:
Sec. 9.23. As used in sections 9.23 to 9.239 of the Revised Code:
(A) "Allocable nondirect costs" means the amount of nondirect costs allocated as a result of actual expenditures on direct costs. "Allocable nondirect costs" shall be calculated as follows: direct costs actually incurred for the provision of services pursuant to a contract entered into under section 9.231 of the Revised Code divided by the minimum percentage of money that is to be expended on the recipient's direct costs, as specified in the contract, minus the direct costs actually incurred.
(B) "Contract payment earned" means payment pursuant to a contract entered into under section 9.231 of the Revised Code for direct costs actually incurred in performing the contract, up to the minimum percentage of money that is to be expended on the recipient's direct costs, as specified in the contract, plus allocable nondirect costs associated with those direct costs.
(C) "Direct costs" means the costs of providing services that directly benefit a patient, client, or the public and that are set forth in the contract entered into under section 9.231 of the Revised Code. "Direct costs" does not include the costs of any financial review or audit required under section 9.234 of the Revised Code.
(D)(1) "Governmental entity" means a state agency or a political subdivision of the state.
(2) "Contracting authority" of a governmental entity means the director or chief executive officer, in the case of a state agency, or the legislative authority, in the case of a political subdivision.
(E) "Minimum percentage of money that is to be expended on the recipient's direct costs" means the percentage of the total amount of the contract entered into under section 9.231 of the Revised Code that, at a minimum, has to be expended on the recipient's direct costs in performing the contract in order for the recipient to earn the total amount of the contract.
(F) "Political subdivision" means a county, township, municipal corporation, or any other body corporate and politic that is responsible for government activities in a geographic area smaller than that of the state.
(G) "Recipient" means a person that enters into a contract with a governmental entity under section 9.231 of the Revised Code.
(H) "State agency" means any organized body, office, agency, institution, or other entity established by the laws of the state for the exercise of any function of state government.
(I) A judgment is "uncollectible" if, at least ninety days after the judgment is obtained, the full amount of the judgment has not been collected and either a settlement agreement between the governmental entity and the recipient has not been entered into or a settlement agreement has been entered into but has not been materially complied with.
Sec. 9.231. (A)(1) Subject to divisions (A)(2) and (3) of this section, a governmental entity shall not disburse money totaling twenty-five thousand dollars or more to any person for the provision of services for the primary benefit of individuals or the public and not for the primary benefit of a governmental entity or the employees of a governmental entity, unless the contracting authority of the governmental entity first enters into a written contract with the person that is signed by the person or by an officer or agent of the person authorized to legally bind the person and that embodies all of the requirements and conditions set forth in sections 9.23 to 9.236 of the Revised Code. If the disbursement of money occurs over the course of a governmental entity's fiscal year, rather than in a lump sum, the contracting authority of the governmental entity shall enter into the written contract with the person at the point during the governmental entity's fiscal year that at least seventy-five thousand dollars has been disbursed by the governmental entity to the person. Thereafter, the contracting authority of the governmental entity shall enter into the written contract with the person at the beginning of the governmental entity's fiscal year, if, during the immediately preceding fiscal year, the governmental entity disbursed to that person an aggregate amount totaling at least seventy-five thousand dollars.
(2) If the money referred to in division (A)(1) of this section is disbursed by or through more than one state agency to the person for the provision of services to the same population, the contracting authorities of those agencies shall determine which one of them will enter into the written contract with the person.
(3) The requirements and conditions set forth in divisions (A), (B), (C), and (F) of section 9.232, divisions (A)(1) and (2) and (B) of section 9.234, divisions (A)(2) and (B) of section 9.235, and sections 9.233 and 9.236 of the Revised Code do not apply with respect to the following:
(a) Contracts to which all of the following apply:
(i) The amount received for the services is a set fee for each time the services are provided, is determined in accordance with a fixed rate per unit of time or per service, or is a capitated rate, and the fee or rate is established by competitive bidding or by a market rate survey of similar services provided in a defined market area. The market rate survey may be one conducted by or on behalf of the governmental entity or an independent survey accepted by the governmental entity as statistically valid and reliable.
(ii) The services are provided in accordance with standards established by state or federal law, or by rules or regulations adopted thereunder, for their delivery, which standards are enforced by the federal government, a governmental entity, or an accrediting organization recognized by the federal government or a governmental entity.
(iii) Payment for the services is made after the services are delivered and upon submission to the governmental entity of an invoice or other claim for payment as required by any applicable local, state, or federal law or, if no such law applies, by the terms of the contract.
(b) Contracts under which the services are reimbursed through or in a manner consistent with a federal program that meets all of the following requirements:
(i) The program calculates the reimbursement rate on the basis of the previous year's experience or in accordance with an alternative method set forth in rules adopted by the Ohio department of job and family services.
(ii) The reimbursement rate is derived from a breakdown of direct and indirect costs.
(iii) The program's guidelines describe types of expenditures that are allowable and not allowable under the program and delineate which costs are acceptable as direct costs for purposes of calculating the reimbursement rate.
(iv) The program includes a uniform cost reporting system with specific audit requirements.
(c) Contracts under which the services are reimbursed through or in a manner consistent with a federal program that calculates the reimbursement rate on a fee for service basis in compliance with United States office of management and budget Circular A-87, as revised May 10, 2004.
(d) Contracts for services that are paid pursuant to the earmarking of an appropriation made by the general assembly for that purpose.
(B) Division (A) of this section does not apply if the money is disbursed to a person pursuant to a contract with the United States or a governmental entity under any of the following circumstances:
(1) The person receives the money directly or indirectly from the United States, and no governmental entity exercises any oversight or control over the use of the money.
(2) The person receives the money solely in return for the performance of one or more of the following types of services:
(a) Medical, therapeutic, or other health-related services provided by a person if the amount received is a set fee for each time the person provides the services, is determined in accordance with a fixed rate per unit of time, or is a capitated rate, and the fee or rate is reasonable and customary in the person's trade or profession;
(b) Medicaid-funded services, including administrative and management services, provided pursuant to a contract or medicaid provider agreement that meets the requirements of the medicaid program established under Chapter 5111. of the Revised Code.
(c) Services, other than administrative or management services or any of the services described in division (B)(2)(a) or (b) of this section, that are commonly purchased by the public at an hourly rate or at a set fee for each time the services are provided, unless the services are performed for the benefit of children, persons who are eligible for the services by reason of advanced age, medical condition, or financial need, or persons who are confined in a detention facility as defined in section 2921.01 of the Revised Code, and the services are intended to help promote the health, safety, or welfare of those children or persons;
(d) Educational services provided by a school to children eligible to attend that school. For purposes of division (B)(2)(d) of this section, "school" means any school operated by a school district board of education, any community school established under Chapter 3314. of the Revised Code, or any nonpublic school for which the state board of education prescribes minimum education standards under section 3301.07 of the Revised Code.
(e) Services provided by a foster home as defined in section 5103.02 of the Revised Code;
(f) "Routine business services other than administrative or management services," as that term is defined by the attorney general by rule adopted in accordance with Chapter 119. of the Revised Code;
(g) Services to protect the environment or promote environmental education that are provided by a nonprofit entity or services to protect the environment that are funded with federal grants or revolving loan funds and administered in accordance with federal law.
(3) The person receives the money solely in return for the performance of services intended to help preserve public health or safety under circumstances requiring immediate action as a result of a natural or man-made emergency.
(C) With respect to a nonprofit association, corporation, or organization established for the purpose of providing educational, technical, consulting, training, financial, or other services to its members in exchange for membership dues and other fees, any of the services provided to a member that is a governmental entity shall, for purposes of this section, be considered services "for the primary benefit of a governmental entity or the employees of a governmental entity."
Sec. 9.232. A contract entered into under section 9.231 of the Revised Code shall, at a minimum, set forth all of the following:
(A) The minimum percentage of money that is to be expended on the recipient's direct costs;
(B) The records that a recipient must maintain to document direct costs;
(C) If some of the recipient's obligations under the contract involve the performance of any of the types of services described in division (B)(2)(a), (c), or (f) of section 9.231 of the Revised Code, the name and telephone number of the individual designated by the governmental entity as the contact for obtaining approval of contract amounts for purposes of division (A)(2)(a)(ii) of section 9.235 of the Revised Code;
(D) The financial review and audit requirements established under section 9.234 of the Revised Code and by rules of the auditor of state adopted under section 9.238 of the Revised Code or, with respect to any contract described in division (A)(3) of section 9.231 of the Revised Code, any financial compliance requirements established for purposes of that contract;
(E) The provisions established by rules of the attorney general adopted under section 9.237 of the Revised Code;
(F) Permissible dispositions of money received by a recipient in excess of the contract payment earned, if the excess is not to be repaid to the governmental entity.
Sec. 9.233. (A) A recipient shall be entitled to the contract payment earned. In no event shall a recipient be entitled to more than the contract payment earned. A recipient shall repay any money received in excess of the contract payment earned to the governmental entity or, if a different disposition is provided for in the recipient's contract with the governmental entity, dispose of that money in accordance with the terms of the contract.
(B) In order to determine the contract payment earned, all financial books and records open to inspection pursuant to section 9.235 of the Revised Code shall be held to standards consistent with generally accepted accounting principles.
Sec. 9.234. (A) Unless otherwise explicitly provided in the Revised Code, a recipient shall do all of the following:
(1) With respect to any money received prior to the performance of the recipient's obligations under the contract entered into under section 9.231 of the Revised Code, and any money received in excess of the contract payment earned, keep current and accurate records of the receipt and use of the money in a manner consistent with the contract;
(2) With respect to any money received after the recipient has performed its obligations under the contract entered into under section 9.231 of the Revised Code, keep current and accurate records of the recipient's expenditures on direct costs;
(3) Annually provide the contracting authority of the governmental entity with a report that includes both of the following:
(a) (i) Subject to division (A)(3)(a)(ii) of this section, an audit report, if a financial audit is required by division (B)(3) of this section; a financial review, if a financial review is required by division (B)(2) of this section; a financial review, if a financial review is required by division (B)(1) of this section and is not waived; or financial statements, major categories of expenditure of the money, and a summary of the activities for which the recipient used the money.
(ii) With respect to any contract described in division (A)(3) of section 9.231 of the Revised Code, an audit report or financial review if the performance of a financial audit or review is a compliance requirement established for purposes of that contract.
(b) Any other information that may be required by the contract.
(B) (1) A recipient that, pursuant to one or more contracts entered into under section 9.231 of the Revised Code, receives money totaling at least one hundred thousand dollars but less than three hundred thousand dollars in any fiscal year shall have a financial review performed for each fiscal year in which it receives that amount of money in accordance with the financial review standards of the American institute of certified public accountants. The financial review shall be performed by an independent public accounting firm. The financial review contract between the recipient and the firm shall provide that the state is an intended third-party beneficiary of the contract.
This financial review requirement may be waived, however, if the contracting authority of each governmental entity from which the recipient received money that fiscal year pursuant to a contract entered into under section 9.231 of the Revised Code agrees to the waiver.
(2) A recipient that, pursuant to one or more contracts entered into under section 9.231 of the Revised Code, receives money totaling at least three hundred thousand dollars but less than five hundred thousand dollars in any fiscal year shall have a financial review performed for each fiscal year in which it receives that amount of money in accordance with the financial review standards of the American institute of certified public accountants. The financial review shall be performed by an independent public accounting firm. The financial review contract between the recipient and the firm shall provide that the state is an intended third-party beneficiary of the contract.
(3) A recipient that, pursuant to one or more contracts entered into under section 9.231 of the Revised Code, receives money totaling five hundred thousand dollars or more in any fiscal year shall have a financial audit performed for each fiscal year in which it receives that amount of money according to generally accepted auditing standards by an independent public accounting firm. The engagement letter between the recipient and the firm shall provide that the state is an intended third-party beneficiary of the contract. The audit shall comply with rules adopted by the auditor of state under section 9.238 of the Revised Code. An audit performed pursuant to the federal "Single Audit Act of 1984," 98 Stat. 2327, 31 U.S.C. 7501 et seq., as amended, is sufficient if the state is an intended third-party beneficiary of the audit contract.
(C)(1) An audit conducted by the auditor of state pursuant to any other provision of the Revised Code is sufficient for purposes of division (B) of this section.
(2) A financial audit meeting the requirements of division (B)(3) of this section satisfies the financial review requirements of divisions (B)(1) and (2) of this section.
(3) The references in division (B) of this section to fiscal year mean the recipient's fiscal year.
(D) Nothing in this section shall be construed to limit in any way the authority of the auditor of state to conduct audits pursuant to any other provision of the Revised Code.
Sec. 9.235. (A)(1) Subject to division (A)(2) of this section, the financial books and records of a recipient, and the financial books and records of any person with which the recipient contracts for the performance of the recipient's obligations under the recipient's contract with the governmental entity, shall be open to inspection by the governmental entity and by the state from the time the recipient first applies for payment under the contract. If the recipient is paid before the performance of its obligations under the contract, the financial books and records of the recipient and of any person with which the recipient contracts for the performance of the recipient's obligations shall be open to inspection from the first anniversary of the payment or from any earlier date that the contract may provide.
(2) Division (A)(1) of this section does not apply to any person that contracts with the recipient solely for the performance of some of the recipient's obligations under the recipient's contract with the governmental entity that directly benefit the recipient's patients or clients, if either of the following applies:
(a) The services provided by the person are any of the types of services described in division (B)(2)(a), (c), or (f) of section 9.231 of the Revised Code and the full amount of the person's contract constitutes direct costs for the recipient and is reasonable and customary in the person's trade or profession. For purposes of division (A)(2)(a) of this section, the amount of the person's contract with the recipient shall be considered "reasonable and customary in the person's trade or profession" if any of the following applies:
(i) The amount is equal to or less than the maximum amount for those services specified in the recipient's contract with the governmental entity.
(ii) The amount was approved by the governmental entity after the recipient entered into the contract with the governmental entity.
(iii) A maximum amount for those services was specified in the recipient's contract with the governmental entity, the recipient's original contract with a person for the performance of those services was subsequently canceled or otherwise unfulfilled, the recipient entered into a replacement contract with another person, and the amount of that contract is not more than twenty-five per cent above the maximum amount for the services specified in the recipient's contract with the governmental entity.
(b) The services provided by the person are any of the types of services described in division (B)(2)(b), (d), or (e) of section 9.231 of the Revised Code.
(B)(1) Subject to division (B)(2) of this section, if a recipient contracts with another person for the performance of some or all of the recipient's obligations under the recipient's contract with the governmental entity, the recipient shall be entitled to claim spending by the other person as direct costs only to the extent the other person has spent money on direct costs in the performance of the recipient's obligations and only if the other person complies with all of the terms and conditions relating to the performance that the recipient is required to comply with under the contract with the governmental entity.
(2) The conditions set forth in division (B)(1) of this section do not apply with respect to any person described in division (A)(2) of this section.
(C)(1) Nothing in this section shall be construed as making any record of the receipt or expenditure of nonpublic money a public record for purposes of section 149.43 of the Revised Code.
(2) Division (C)(1) of this section does not limit in any way the authority of the auditor of state to conduct audits or other investigations when public money is commingled with nonpublic money.
Sec. 9.236. (A) A recipient is liable to repay to the governmental entity any money received in excess of the contract payment earned.
(B)(1) A governmental entity may bring a civil action for the recovery of money due to the governmental entity from a recipient under division (A) of this section. In such an action, any person with which the recipient has contracted for the performance of the recipient's material obligations to a group of beneficiaries under the recipient's contract with the governmental entity may be made a party defendant if the person is unable to demonstrate to the satisfaction of the governmental entity that the person has materially complied with the terms of the contract with the recipient. In such a case, the person may be made a party defendant and the governmental entity may obtain a judgment against the person in accordance with division (B)(2) of this section.
(2) If a governmental entity obtains a judgment against a recipient in a civil action brought under division (B)(1) of this section and the judgment is uncollectible, the governmental entity may recover from the person with which the recipient contracted an amount not exceeding the lesser of the following:
(a) The unsatisfied amount of the judgment;
(b) The total amount received by the person from the recipient minus the total amount spent by the person on direct costs for services actually performed and retained by the person as allocable nondirect costs associated with those direct costs.
(C) If a governmental entity, pursuant to this section, obtains a judgment against a recipient or against a person with which the recipient contracted and that judgment debtor does not voluntarily pay the amount of the judgment, that judgment debtor shall be precluded from contracting with a governmental entity to the extent provided in divisions (A) and (B) of section 9.24 of the Revised Code for a debtor against whom a finding of recovery has been issued.
(D) In addition to other remedies provided in divisions (A) to (C) of this section, a governmental entity may void a contract between a recipient and another person for the performance by the other person of the recipient's obligations under the recipient's contract with the governmental entity to the extent that the other person has not yet performed its obligations under the contract or cannot demonstrate that the money it received was expended on direct costs or retained as allocable nondirect costs.
(E) If a recipient is liable to repay money to a governmental entity under this section and the judgment obtained by the governmental entity against the recipient is uncollectible, then in addition to other remedies provided in divisions (A) to (C) of this section, and after the governmental entity has obtained a judgment against any necessary third party, the governmental entity may void any of the following contracts:
(1) A contract made not more than one hundred eighty days before the judgment against the recipient became uncollectible between the recipient and a director, trustee, or officer of the recipient or a business in which a director, trustee, or officer of the recipient has a material financial interest, if either of the following applies:
(a) The recipient has paid substantial value for property received and the property can be returned to the other person. If the property has experienced only normal wear and tear, the person shall be liable to the governmental entity for the full amount the recipient paid for the property. Otherwise, the person shall be liable to the governmental entity only for the market value of the property.
(b) The person with which the recipient contracted has received money that the recipient obtained pursuant to the contract with the governmental entity and the money was not expended on direct costs or retained as allocable nondirect costs. In such a case, the governmental entity may void the contract to the extent the money was not expended on direct costs or retained as allocable nondirect costs, and the person shall be liable to the governmental entity for that amount.
(2) A contract made not more than one hundred eighty days before the judgment against the recipient became uncollectible between the recipient and an employee of the recipient or a business in which an employee of the recipient has a material financial interest, if the employee has direct knowledge of the use of the money that the recipient obtained pursuant to the contract with the governmental entity and either division (E)(1)(a) or (b) of this section applies;
(3) A contract between the recipient and another person pursuant to which the recipient has paid or agreed to pay money to the other person, to the extent that the other person has not yet performed its obligations under the contract;
(4) A contract made not more than one year before the judgment against the recipient became uncollectible between the recipient and a person other than the governmental entity if the other person has not given or agreed to give consideration of reasonable and substantial value for the consideration given by the recipient.
Sec. 9.237. The attorney general shall adopt rules in accordance with Chapter 119. of the Revised Code governing the terms of any contract entered into under section 9.231 of the Revised Code. The rules shall set forth all of the following:
(A) A definition of permissible components of direct costs, including a list of expenditures that may never be included in direct costs and a nonexclusive list of expenditures that may be included in direct costs pursuant to agreement of the parties;
(B) Permissible methods by which a recipient may keep records documenting direct costs and how long those records must be retained;
(C) Remedies not inconsistent with section 9.236 of the Revised Code in the event of a breach of the contract;
(D) Terms to be included in contracts between recipients and persons other than the governmental entity, including the notice of the remedies available to the governmental entity if the money under the contract with the governmental entity is not expended on direct costs or retained as allocable nondirect costs or, with respect to any contract described in division (A)(3) of section 9.231 of the Revised Code, is not earned under the terms of the contract with the governmental entity;
(E) Any other provisions that the attorney general considers necessary to carry out the purposes of sections 9.23 to 9.236 of the Revised Code.
Sec. 9.238. (A) The auditor of state shall prescribe a single form of the financial reviews required by divisions (B)(1) and (2) of section 9.234 of the Revised Code to be used for all governmental entities.
(B)
The auditor of state may adopt rules in accordance with Chapter 119. of the Revised Code governing the form and content of the audit reports required by division (B)(3) of section 9.234 of the Revised Code and may prescribe a single form of the report to be used for all governmental entities. Upon request made by a recipient, the auditor of state shall, to the extent possible, require all governmental entities that have entered into a contract with that recipient under section 9.231 of the Revised Code to accept a particular audit report.
Sec. 9.239. (A) There is hereby created the government contracting advisory council. The attorney general and auditor of state shall consult with the council on the performance of their rule-making functions under sections 9.237 and 9.238 of the Revised Code and shall consider any recommendations of the council. The director of job and family services shall annually report to the council the cost methodology of the medicaid-funded services described in division (A)(3)(d) of section 9.231 of the Revised Code. The council shall consist of the following members or their designees:
(1) The attorney general;
(2) The auditor of state;
(3) The director of administrative services;
(4) The director of aging;
(5) The director of alcohol and drug addiction services;
(6) The director of budget and management;
(7) The director of development;
(8) The director of job and family services;
(9) The director of mental health;
(10) The director of mental retardation and developmental disabilities;
(11) The director of rehabilitation and correction;
(12) The administrator of workers' compensation;
(13) The executive director of the county commissioners' association of Ohio;
(14) The president of the Ohio grantmakers forum;
(15) The president of the Ohio chamber of commerce;
(16) The president of the Ohio state bar association;
(17) The president of the Ohio society of certified public accountants;
(18) The executive director of the Ohio association of nonprofit organizations;
(19) The president of the Ohio united way;
(20) One additional member appointed by the attorney general;
(21) One additional member appointed by the auditor of state.
(B) If an agency or organization represented on the council ceases to exist in the form it has on the effective date of this section, the successor agency or organization shall be represented in its place. If there is no successor agency or organization, or if it is not clear what agency or organization is the successor, the attorney general shall designate an agency or organization to be represented in place of the agency or organization originally represented on the council.
(C) The two members appointed to the council shall serve three-year terms. Original appointments shall be made not later than sixty days after the effective date of this section. Vacancies on the council shall be filled in the same manner as the original appointment.
(D) The attorney general or the attorney general's designee shall be the chairperson of the council. The council shall meet at least once every two years to review the rules adopted under sections 9.237 and 9.238 of the Revised Code and to make recommendations to the attorney general and auditor of state regarding the adoption, amendment, or repeal of those rules. The council shall also meet at other times as requested by the attorney general or auditor of state.
(E) Members of the council shall serve without compensation or reimbursement.
(F) The office of the attorney general shall provide necessary staff, facilities, supplies, and services to the council.
(G) Sections 101.82 to 101.87 of the Revised Code do not apply to the council.
Sec. 9.24. (A) Except as may be allowed under division (F) of this section, no state agency and no political subdivision shall award a contract as described in division (G)(1) of this section for goods, services, or construction, paid for in whole or in part with state funds, to a person against whom a finding for recovery has been issued by the auditor of state on and after January 1, 2001, if the finding for recovery is unresolved.
A contract is considered to be awarded when it is entered into or executed, irrespective of whether the parties to the contract have exchanged any money.
(B) For purposes of this section, a finding for recovery is unresolved unless one of the following criteria applies:
(1) The money identified in the finding for recovery is paid in full to the state agency or political subdivision to whom the money was owed;
(2) The debtor has entered into a repayment plan that is approved by the attorney general and the state agency or political subdivision to whom the money identified in the finding for recovery is owed. A repayment plan may include a provision permitting a state agency or political subdivision to withhold payment to a debtor for goods, services, or construction provided to or for the state agency or political subdivision pursuant to a contract that is entered into with the debtor after the date the finding for recovery was issued.
(3) The attorney general waives a repayment plan described in division (B)(2) of this section for good cause;
(4) The debtor and state agency or political subdivision to whom the money identified in the finding for recovery is owed have agreed to a payment plan established through an enforceable settlement agreement.
(5) The state agency or political subdivision desiring to enter into a contract with a debtor certifies, and the attorney general concurs, that all of the following are true:
(a) Essential services the state agency or political subdivision is seeking to obtain from the debtor cannot be provided by any other person besides the debtor;
(b) Awarding a contract to the debtor for the essential services described in division (B)(5)(a) of this section is in the best interest of the state;
(c) Good faith efforts have been made to collect the money identified in the finding of recovery.
(6) The debtor has commenced an action to contest the finding for recovery and a final determination on the action has not yet been reached.
(C) The attorney general shall submit an initial report to the auditor of state, not later than December 1, 2003, indicating the status of collection for all findings for recovery issued by the auditor of state for calendar years 2001, 2002, and 2003. Beginning on January 1, 2004, the attorney general shall submit to the auditor of state, on the first day of every January, April, July, and October, a list of all findings for recovery that have been resolved in accordance with division (B) of this section during the calendar quarter preceding the submission of the list and a description of the means of resolution. The attorney general shall notify the auditor of state when a judgment is issued against an entity described in division (F)(1) of this section.
(D) The auditor of state shall maintain a database, accessible to the public, listing persons against whom an unresolved finding for recovery has been issued, and the amount of the money identified in the unresolved finding for recovery. The auditor of state shall have this database operational on or before January 1, 2004. The initial database shall contain the information required under this division for calendar years 2001, 2002, and 2003.
Beginning January 15, 2004, the auditor of state shall update the database by the fifteenth day of every January, April, July, and October to reflect resolved findings for recovery that are reported to the auditor of state by the attorney general on the first day of the same month pursuant to division (C) of this section.
(E) Before awarding a contract as described in division (G)(1) of this section for goods, services, or construction, paid for in whole or in part with state funds, a state agency or political subdivision shall verify that the person to whom the state agency or political subdivision plans to award the contract has no unresolved finding for recovery issued against the person. A state agency or political subdivision shall verify that the person does not appear in the database described in division (D) of this section or shall obtain other proof that the person has no unresolved finding for recovery issued against the person.
(F) The prohibition of division (A) of this section and the requirement of division (E) of this section do not apply with respect to the companies or agreements described in divisions (F)(1) and (2) of this section, or in the circumstance described in division (F)(3) of this section.
(1) A bonding company or a company authorized to transact the business of insurance in this state, a self-insurance pool, joint self-insurance pool, risk management program, or joint risk management program, unless a court has entered a final judgment against the company and the company has not yet satisfied the final judgment.
(2) To medicaid provider agreements under Chapter 5111. of the Revised Code or payments or provider agreements under disability assistance medical assistance established under Chapter 5115. of the Revised Code.
(3)
When federal law dictates that a specified entity provide the goods, services, or construction for which a contract is being awarded, regardless of whether that entity would otherwise be prohibited from entering into the contract pursuant to this section.
(G)(1) This section applies only to contracts for goods, services, or construction that satisfy the criteria in either division (G)(1)(a) or (b) of this division section. This section may apply to contracts for goods, services, or construction that satisfy the criteria in division (G)(1)(c) of this section, provided that the contracts also satisfy the criteria in either division (G)(1)(a) or (b) of this division section.
(a) The cost for the goods, services, or construction provided under the contract is estimated to exceed twenty-five thousand dollars.
(b) The aggregate cost for the goods, services, or construction provided under multiple contracts entered into by the particular state agency and a single person or the particular political subdivision and a single person within the fiscal year preceding the fiscal year within which a contract is being entered into by that same state agency and the same single person or the same political subdivision and the same single person, exceeded fifty thousand dollars.
(c) The contract is a renewal of a contract previously entered into and renewed pursuant to that preceding contract.
(2) This section does not apply to employment contracts.
(H) As used in this section:
(1) "State agency" has the same meaning as in section 9.66 of the Revised Code.
(2) "Political subdivision" means a political subdivision as defined in section 9.82 of the Revised Code that has received more than fifty thousand dollars of state money in the current fiscal year or the preceding fiscal year.
(3) "Finding for recovery" means a determination issued by the auditor of state, contained in a report the auditor of state gives to the attorney general pursuant to section 117.28 of the Revised Code, that public money has been illegally expended, public money has been collected but not been accounted for, public money is due but has not been collected, or public property has been converted or misappropriated.
(4) "Debtor" means a person against whom a finding for recovery has been issued.
(5) "Person" means the person named in the finding for recovery.
(6) "State money" does not include funds the state receives from another source and passes through to a political subdivision.
Sec. 9.241. (A) As used in this section:
(1) "Governmental entity" and "a judgment is uncollectible" have the same meanings as in section 9.23 of the Revised Code.
(2) "Recipient" means a person that enters into or is awarded a contract with a governmental entity for the provision of goods, services, or construction.
(B) A recipient is liable to repay to the governmental entity any money received but not earned under the terms of the contract with the governmental entity.
(C)(1) A governmental entity may bring a civil action for the recovery of money due to the governmental entity from a recipient under division (B) of this section. In such an action, any person with which the recipient has contracted for the performance of the recipient's material obligations under the recipient's contract with the governmental entity may be made a party defendant if the person is unable to demonstrate to the satisfaction of the governmental entity that the person has materially complied with the terms of the contract with the recipient. In such a case, the person may be made a party defendant and the governmental entity may obtain a judgment against the person in accordance with division (C)(2) of this section.
(2) If a governmental entity obtains a judgment against a recipient in a civil action brought under division (C)(1) of this section and the judgment is uncollectible, the governmental entity may recover from the person with which the recipient contracted an amount not exceeding the lesser of the following:
(a) The unsatisfied amount of the judgment;
(b) The total amount received by the person from the recipient minus the total amount earned by the person under the terms of the recipient's contract with the governmental entity.
(D) If a governmental entity, pursuant to this section, obtains a judgment against a recipient or against a person with which the recipient contracted and that judgment debtor does not voluntarily pay the amount of the judgment, that judgment debtor shall be precluded from contracting with a governmental entity to the extent provided in divisions (A) and (B) of section 9.24 of the Revised Code for a debtor against whom a finding of recovery has been issued.
(E) In addition to other remedies provided in divisions (B) to (D) of this section, a governmental entity may void a contract between a recipient and another person for the performance by the other person of the recipient's obligations under the recipient's contract with the governmental entity to the extent that the other person has not yet performed its obligations under the contract.
(F) If a recipient is liable to repay money to a governmental entity under this section and the judgment obtained by the governmental entity against the recipient is uncollectible, then in addition to other remedies provided in divisions (B) to (D) of this section, and after the governmental entity has obtained a judgment against any necessary third party, the governmental entity may void any of the following contracts:
(1) A contract made not more than one hundred eighty days before the judgment against the recipient became uncollectible between the recipient and a director, trustee, or officer of the recipient or a business in which a director, trustee, or officer of the recipient has a material financial interest, if either of the following applies:
(a) The recipient has paid substantial value for property received and the property can be returned to the other person. If the property has experienced only normal wear and tear, the person shall be liable to the governmental entity for the full amount the recipient paid for the property. Otherwise, the person shall be liable to the governmental entity only for the market value of the property.
(b) The person with which the recipient contracted has received money that the recipient obtained pursuant to the contract with the governmental entity and has used the money other than for the performance of the contract. In such a case, the governmental entity may void the contract to the extent that the person has used the money other than for the performance of the contract, and the person shall be liable to the governmental entity for that amount.
(2) A contract made not more than one hundred eighty days before the judgment against the recipient became uncollectible between the recipient and an employee of the recipient or a business in which an employee of the recipient has a material financial interest, if the employee has direct knowledge of the use of the money that the recipient obtained pursuant to the contract with the governmental entity and either division (F)(1)(a) or (b) of this section applies;
(3) A contract between the recipient and another person pursuant to which the recipient has paid or agreed to pay money to the other person, to the extent that the other person has not yet performed its obligations under the contract;
(4) A contract made not more than one year before the judgment against the recipient became uncollectible between the recipient and a person other than the governmental entity if the other person has not given or agreed to give consideration of reasonable and substantial value for the consideration given by the recipient.
(G) This section does not apply with respect to any contract entered into by a governmental entity under section 9.231 of the Revised Code that is subject to section 9.236 of the Revised Code.
Sec. 9.833. (A) As used in this section, "political
subdivision" means a municipal corporation, township, county,
school district, or other body corporate and politic responsible
for governmental activities in a geographic area smaller than
that of the state, and agencies and instrumentalities of these entities. For purposes of this section, a school district is not a "political subdivision."
(B) Political subdivisions that provide health care
benefits for their officers or employees may do any of the
following:
(1) Establish and maintain an individual self-insurance
program with public moneys to provide authorized health care
benefits, including but not limited to, health care, prescription drugs, dental care, and vision care, in accordance with division (C) of this section;
(2) After establishing an individual self-insurance
program, agree with other political subdivisions that have
established individual self-insurance programs for health care
benefits, that their programs will be jointly administered in a
manner specified in the agreement;
(3) Pursuant to a written agreement and in accordance with
division (C) of this section, join in any combination with other
political subdivisions to establish and maintain a joint
self-insurance program to provide health care benefits;
(4) Pursuant to a written agreement, join in any
combination with other political subdivisions to procure or
contract for policies, contracts, or plans of insurance to
provide health care benefits for their officers and employees
subject to the agreement;
(5) Use in any combination any of the policies, contracts,
plans, or programs authorized under this division.
(C) Except as otherwise provided in division (E) of this
section, the following apply to individual or joint
self-insurance programs established pursuant to this section:
(1) Such funds shall be reserved as are necessary, in the
exercise of sound and prudent actuarial judgment, to cover
potential cost of health care benefits for the officers and
employees of the political subdivision. A report of amounts so
reserved and disbursements made from such funds, together with a
written report of a member of the American academy of actuaries
certifying whether the amounts reserved conform to the
requirements of this division, are computed in accordance with
accepted loss reserving standards, and are fairly stated in
accordance with sound loss reserving principles, shall be
prepared and maintained, within ninety days after the last day of
the fiscal year of the entity for which the report is provided
for that fiscal year, in the office of the program administrator
described in division (C)(3) of this section.
The report required by division (C)(1) of this section
shall include, but not be limited to, disbursements made for the
administration of the program, including claims paid, costs of the
legal representation of political subdivisions and employees, and
fees paid to consultants.
The program administrator described in division (C)(3) of
this section shall make the report required by this division
available for inspection by any person at all reasonable times
during regular business hours, and, upon the request of such
person, shall make copies of the report available at cost within
a reasonable period of time.
(2) Each political subdivision shall reserve funds
necessary for an individual or joint self-insurance program in a
special fund that may be established for political subdivisions other than an agency or instrumentality pursuant to an ordinance or
resolution of the political subdivision and not subject to
section 5705.12 of the Revised Code. An agency or instrumentality shall reserve the funds necessary for an individual or joint self-insurance program in a special fund established pursuant to a resolution duly adopted by the agency's or instrumentality's governing board. The political subdivision
may allocate the costs of insurance or any self-insurance
program, or both, among the funds or accounts in the
subdivision's treasury established under this division on the basis of relative exposure and loss
experience.
(3) A contract may be awarded, without the necessity of
competitive bidding, to any person, political subdivision,
nonprofit corporation organized under Chapter 1702. of the
Revised Code, or regional council of governments created under
Chapter 167. of the Revised Code for purposes of administration
of an individual or joint self-insurance program. No such
contract shall be entered into without full, prior, public
disclosure of all terms and conditions. The disclosure shall
include, at a minimum, a statement listing all representations
made in connection with any possible savings and losses resulting
from the contract, and potential liability of any political
subdivision or employee. The proposed contract and statement
shall be disclosed and presented at a meeting of the political
subdivision not less than one week prior to the meeting at which
the political subdivision authorizes the contract.
A contract awarded to a nonprofit corporation or a regional council of governments under this division may provide that all employees of the nonprofit corporation or regional council of governments and the employees of all entities related to the nonprofit corporation or regional council of governments may be covered by the individual or joint self-insurance program under the terms and conditions set forth in the contract.
(4) The individual or joint self-insurance program shall
include a contract with a member of the American academy of
actuaries for the preparation of the written evaluation of the
reserve funds required under division (C)(1) of this section.
(5) A joint self-insurance program may allocate the costs
of funding the program among the funds or accounts in the
treasuries of established under this division to the participating political subdivisions on the
basis of their relative exposure and loss experience.
(6) An individual self-insurance program may allocate the costs of funding
the
program among the funds or accounts in the treasury of established under this division to the political
subdivision that established the program.
(7) Two or more political subdivisions may also authorize
the establishment and maintenance of a joint health care cost
containment program, including, but not limited to, the employment
of risk managers, health care cost containment specialists, and
consultants, for the purpose of preventing and reducing health
care costs covered by insurance, individual self-insurance, or joint
self-insurance programs.
(8) A political subdivision is not liable under a joint
self-insurance program for any amount in excess of amounts
payable pursuant to the written agreement for the participation
of the political subdivision in the joint self-insurance program.
Under a joint self-insurance program agreement, a political
subdivision may, to the extent permitted under the written
agreement, assume the risks of any other political subdivision.
A joint self-insurance program established under this section is
deemed a separate legal entity for the public purpose of enabling
the members of the joint self-insurance program to obtain
insurance or to provide for a formalized, jointly administered
self-insurance fund for its members. An entity created pursuant
to this section is exempt from all state and local taxes.
(9) Any political subdivision, other than an agency or instrumentality, may issue general obligation
bonds, or special obligation bonds that are not payable from
real or personal property taxes, and may also issue notes in
anticipation of such bonds, pursuant to an ordinance or
resolution of its legislative authority or other governing body
for the purpose of providing funds to pay expenses associated
with the settlement of claims, whether by way of a reserve or
otherwise, and to pay the political subdivision's portion of the
cost of establishing and maintaining an individual or joint
self-insurance program or to provide for the reserve in the
special fund authorized by division (C)(2) of this section.
In its ordinance or resolution authorizing bonds or notes
under this section, a political subdivision may elect to issue
such bonds or notes under the procedures set forth in Chapter
133. of the Revised Code. In the event of such an election,
notwithstanding Chapter 133. of the Revised Code, the maturity of
the bonds may be for any period authorized in the ordinance or
resolution not exceeding twenty years, which period shall be the
maximum maturity of the bonds for purposes of section 133.22 of
the Revised Code.
Bonds and notes issued under this section shall not be
considered in calculating the net indebtedness of the political
subdivision under sections 133.04, 133.05, 133.06, and 133.07 of
the Revised Code. Sections 9.98 to 9.983 of the Revised Code are
hereby made applicable to bonds or notes authorized under this
section.
(10) A joint self-insurance program is not an insurance
company. Its operation does not constitute doing an insurance
business and is not subject to the insurance laws of this state.
(D) A political subdivision may procure group life insurance for its employees in conjunction with an individual or joint self-insurance program authorized by this section, provided that the policy of group life insurance is not self-insured.
(E) Divisions (C)(1), (2), and (4) of this section do not
apply to individual self-insurance programs in municipal
corporations, townships, or counties.
(F) A public official or employee of a political subdivision who is or becomes a member of the governing body of the program administrator of a joint self-insurance program in which the political subdivision participates is not in violation of division (D) or (E) of section 102.03, division (C) of section 102.04, or section 2921.42 of the Revised Code as a result of either of the following:
(1) The political subdivision's entering under this section into the written agreement to participate in the joint self-insurance program;
(2) The political subdivision's entering under this section into any other contract with the joint self-insurance program.
Sec. 9.90. (A) The governing board of any public
institution of higher education, including without limitation
state universities and colleges, community college districts,
university branch districts, technical college districts, and
municipal universities, or the board of education of any school
district, may, in addition to all other powers provided in the
Revised Code:
(1) Contract for, purchase, or otherwise procure from an
insurer or insurers licensed to do business by the state of Ohio
for or on behalf of such of its employees as it may determine,
life insurance, or sickness, accident, annuity, endowment,
health, medical, hospital, dental, or surgical coverage and
benefits, or any combination thereof, by means of insurance plans
or other types of coverage, family, group or otherwise, and may
pay from funds under its control and available for such purpose
all or any portion of the cost, premium, or charge
for such insurance, coverage, or benefits. However, the governing
board, in addition to or as an alternative to the authority otherwise
granted by division (A)(1) of this section, may elect to procure
coverage for health care services, for or on behalf of such of its employees
as it may determine, by means of policies,
contracts, certificates, or agreements issued by at least two
health insuring corporations holding a certificate of authority
under Chapter 1751. of the Revised Code and may
pay from funds
under the governing board's control and available for such purpose all or
any portion of the cost of such coverage.
(2) Make payments to a custodial account for investment in
regulated investment company stock for the purpose of providing
retirement benefits as described in section 403(b)(7) of the
Internal Revenue Code of 1954, as amended. Such stock shall be
purchased only from persons authorized to sell such stock in this
state.
Any income of an employee deferred under divisions (A)(1)
and (2) of this section in a deferred compensation program
eligible for favorable tax treatment under the Internal Revenue
Code of 1954, as amended, shall continue to be included as
regular compensation for the purpose of computing the
contributions to and benefits from the retirement system of such
employee. Any sum so deferred shall not be included in the
computation of any federal and state income taxes withheld on
behalf of any such employee.
(B) All or any portion of the cost, premium, or charge
therefor may be paid in such other manner or combination of
manners as the governing board or the school board may determine,
including direct payment by the employee in cases under division
(A)(1) of this section, and, if authorized in writing by the
employee in cases under division (A)(1) or (2) of this section,
by such governing board or school board with moneys made
available by deduction from or reduction in salary or wages or by
the foregoing of a salary or wage increase. Division (B)(7) of
section 3917.01 and the last paragraph of section 3917.06 of the
Revised Code shall not prohibit the issuance or purchase of group
life insurance authorized by this section by reason of payment of
premiums therefor by the governing board or the school board from
its funds, and such group life insurance may be so issued and
purchased if otherwise consistent with the provisions of sections
3917.01 to 3917.07 of the Revised Code.
(C) The board of education of any school district may exercise any of the powers granted to the governing boards of public institutions of higher education under divisions (A) and (B) of this section, except in relation to the provision of health care benefits to employees. All health care benefits provided to persons employed by the public schools of this state shall be medical plans designed by the school employees health care board pursuant to section 9.901 of the Revised Code.
Sec. 9.901. (A)(1) All health care benefits provided to persons employed by the public schools of this state shall be provided by medical plans designed pursuant to this section by the school employees health care board. The board, in consultation with the superintendent of insurance, shall negotiate with and, in accordance with the competitive selection procedures of Chapter 125. of the Revised Code, contract with one or more insurance companies authorized to do business in this state for the issuance of the plans. Any or all of the medical plans designed by the board may be self-insured. All self-insured plans adopted shall be administered by the board in accordance with this section. As used in this section, a "public school" means a school in a city, local, exempted village, or joint vocational school district, and includes the educational service centers associated with those schools.
(2) Prior to soliciting proposals from insurance companies for the issuance of medical plans, the board shall determine what geographic regions exist in the state based on the availability of providers, networks, costs, and other factors relating to providing health care benefits. The board shall then determine what medical plans are offered by school districts and existing consortiums in the state. The board shall determine what medical plan offered by a school district or existing consortium in the region offers the lowest premium cost plan.
(3) The board shall develop a request for proposals and solicit bids for medical plans for the school districts in a region similar to the existing plans. The board shall also determine the benefits offered by existing medical plans, the employees' costs, and the cost-sharing arrangements used by public schools participating in a consortium. The board shall determine what strategies are used by the existing medical plans to manage health care costs and shall study the potential benefits of state or regional consortiums of public schools offering multiple health care plans.
(4) As used in this section, a "medical plan" includes group policies, contracts, and agreements that provide hospital, surgical, or medical expense coverage, including self-insured plans. A "medical plan" does not include an individual plan offered to the employees of a public school, or a plan that provides coverage only for specific disease or accidents, or a hospital indemnity, medicare supplement, or other plan that provides only supplemental benefits, paid for by the employees of a public school.
(B) The school employees health care board is hereby created. The school employees health care board shall consist of the following nine members and shall include individuals with experience with public school benefit programs, health care industry providers, and medical plan beneficiaries:
(1) Three members appointed by the governor;
(2) Three members appointed by the president of the senate;
(3) Three members appointed by the speaker of the house of representatives.
A member of the school employees health care board shall not be employed by, represent, or in any way be affiliated with a private entity that is providing services to the board, an individual school district, employers, or employees in the state of Ohio.
(C)(1) Members of the school employees health care board shall serve four-year terms; however, one of each of the initial members appointed under divisions (B)(1) to (3) of this section shall be appointed to a term of one year. The initial appointments under this section shall be made within forty-five days after the effective date of this section.
Members' terms shall end on the same day of the same month as the effective date of this section, but a member shall continue to serve subsequent to the expiration of the member's term until a successor is appointed. Any vacancy occurring during a member's term shall be filled in the same manner as the original appointment, except that the person appointed to fill the vacancy shall be appointed to the remainder of the unexpired term.
(2) Members shall serve without compensation but shall be reimbursed from the school employees health care fund for actual and necessary expenses incurred in the performance of their official duties as members of the board.
(3) Members may be removed by their appointing authority for misfeasance, malfeasance, incompetence, dereliction of duty, or other just cause.
(D)(1) The governor shall call the first meeting of the school employees health care board. At that meeting, and annually thereafter, the board shall elect a chairperson and may elect members to other positions on the board as the board considers necessary or appropriate. The board shall meet at least four times each calendar year and shall also meet at the call of the chairperson or three or more board members. The chairperson shall provide reasonable advance notice of the time and place of board meetings to all members.
(2) A majority of the board constitutes a quorum for the transaction of business at a board meeting. A majority vote of the members present is necessary for official action.
(E) The school employees health care board shall conduct its business at open meetings; however, the records of the board are not public records for purposes of section 149.43 of the Revised Code.
(F) The school employees health care fund is hereby created in the state treasury. The public schools shall pay all school employees health care board plan premiums in the manner prescribed by the school employees health care board to the board for deposit into the school employees health care fund. All funds in the school employees health care fund shall be used solely for the provision of health care benefits to public schools employees pursuant to this section and related administrative costs. Premiums received by the board or insurance companies contracted pursuant to division (A) of this section are not subject to any state insurance premium tax.
(G) The school employees health care board shall do all of the following:
(1) Design multiple medical plans, including regional plans, to provide, in the board's judgment, the optimal combination of coverage, cost, choice, and stability of health cost benefits. The board may establish more than one tier of premium rates for any medical plan. The board shall establish regions as necessary for the implementation of the board's medical plans. Plans and premium rates may vary across the regions established by the board.
(2) Set an aggregate goal for employee and employer portions of premiums for the board's medical plans so as to manage plan participation and encourage the use of value-based plan participation by employees;
(3) Set employer and employee plan copayments, deductibles, exclusions, limitations, formularies, premium shares, and other responsibilities;
(4) Include disease management and consumer education programs, to the extent that the board determines is appropriate, in all medical plans designed by the board, which programs shall include, but are not limited to, wellness programs and other measures designed to encourage the wise use of medical plan coverage. These programs are not services or treatments for purposes of section 3901.71 of the Revised Code.
(5) Create and distribute to the governor, the speaker of the house of representatives, and the president of the senate, an annual report covering the plan background; plan coverage options; plan administration, including procedures for monitoring and managing objectives, scope, and methodology; plan operations; employee and employer contribution rates and the relationship between the rates and the school employees health care fund balance; a means to develop and maintain identity and evaluate alternative employee and employer cost-sharing strategies; an evaluation of the effectiveness of cost-saving services and programs; an evaluation of efforts to control and manage member eligibility and to insure that proper employee and employer contributions are remitted to the trust fund; efforts to prevent and detect fraud; and efforts to manage and monitor board contracts;
(6) Utilize cost containment measures aligned with patient, plan, and provider management strategies in developing and managing medical plans.
(H) The sections in Chapter 3923. of the Revised Code regulating public employee benefit plans are not applicable to the medical plans designed pursuant to this section.
(I)(1) Public schools are not subject to this section prior to the release of medical plans designed pursuant to this section.
(2) Prior to the school employees health care board's release of the board's initial medical plans, the board shall contract with an independent consultant to analyze costs related to employee health care benefits provided by existing school district plans in this state. The consultant shall determine the benefits offered by existing medical plans, the employees' costs, and the cost-sharing arrangements used by public schools either participating in a consortium or by other means. The consultant shall determine what strategies are used by the existing medical plans to manage health care costs and shall study the potential benefits of state or regional consortiums of public schools offering multiple health care plans. Based on the findings of the analysis, the consultant shall submit written recommendations to the board for the development and implementation of a successful program for pooling school districts' purchasing power for the acquisition of employee medical plans. The consultant's recommendations shall address, at a minimum, all of the following issues:
(a) The establishment of regions for the provision of medical plans, based on the availability of providers and plans in the state at the time that the school employees health care board is established;
(b) The use of regional preferred provider and closed panel plans, health savings accounts, and alternative medical plans, to stabilize both costs and the premiums charged school districts and district employees;
(c) The development of a system to obtain eligibility data and data compiled pursuant to the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA), 100 Stat. 227, 29 U.S.C. 1161, as amended;
(d) The use of the competitive bidding process for regional medical plans;
(e) The development of a timeline planning for the design and use of board medical plans by not later than December 31, 2007;
(f) The use of information on claims and costs and of information reported by districts pursuant to COBRA in analyzing administrative and premium costs;
(g) The experience of states that have mandated statewide medical plans for public school employees, including the implementation strategies used by those states;
(h) Recommended strategies for the use of first-year roll-in premiums in the transition from district medical plans to school employees health care board plans;
(i) The option of allowing school districts to join an existing regional consortium as an alternative to school employees health care board plans;
(j) Mandatory and optional coverages to be offered by the board's medical plans;
(k) Potential risks to the state from the use of medical plans developed pursuant to this section;
(l) Any legislation needed to ensure the long-term financial solvency and stability of a health care purchasing system;
(m) The potential impacts of any changes to the existing purchasing structure on all of the following:
(i) Existing health care pooling and consortiums;
(ii) School district employees;
(iii) Individual school districts.
(n) Issues that could arise when school districts transition from the existing purchasing structure to a new purchasing structure;
(o) Strategies available to the board in the creation of fund reserves and the need for stop-loss insurance coverage for catastrophic losses;
(p) Any legislation needed to establish and maintain medical plans designed pursuant to this section. The consultant shall submit all legislative recommendations not later than December 31, 2005, in writing, to the school employees health care board and to the governor, the speaker of the house of representatives, and the president of the senate.
(3) The public schools health care advisory committee is hereby created under the school employees health care board. The committee shall make recommendations to the school employees health care board related to the board's accomplishment of the duties assigned to the board under this section. The committee shall consist of eighteen members. The governor, the speaker of the house of representatives, and the president of the senate shall each appoint a representative from the Ohio education association, the Ohio school boards association, the Ohio association of school business officials, the Ohio association of health underwriters, an existing health care consortium serving public schools, and a health insuring corporation licensed to do business in Ohio and recommended by the Ohio association of health plans. The initial appointees shall be appointed to a one-year term not later than July 31, 2005, the members' term to begin on that date. Subsequent one-year appointments, to commence on the thirty-first day of July of each year, shall be made in the same manner. A member shall continue to serve subsequent to the expiration of the member's term until the member's successor is appointed. Any vacancy occurring during a member's term shall be filled in the same manner as the original appointment, except that the person appointed to fill the vacancy shall be appointed to the remainder of the unexpired term. The governor shall call the first meeting of each newly appointed committee. At that meeting the board shall elect a chairperson who shall call the time and place of future committee meetings. Committee members are not subject to the conditions for eligibility set by division (B) of this section for members of the school employees health care board.
(4) The school employees health care board shall submit a written study to the governor and the general assembly not later than January 15, 2006, of a plan to operate in compliance with this section, and on the governance of the school employees health care board. A copy of the board's plan of operation, including audit provisions, shall accompany the report on the board's governance and the report shall include the board's recommendations on any legislation needed to enforce the recommendations of the board on implementing the provisions of this section.
(5) Not later than January 15, 2009, and not later than the same day of each subsequent year, the school employees health care board shall submit a written report to the governor and each member of the general assembly, which report evaluates the performance of school employees health care board medical plans during the previous year. Districts offering employee health care benefits through a plan offered by a consortium of two or more districts, or a consortium of one or more districts and one or more political subdivisions as defined in section 9.833 of the Revised Code, representing five thousand or more employees as of January 1, 2005, may request permission from the school employees health care board to continue offering consortium plans to the districts' employees at the discretion of the board. If the board grants permission, the permission is valid for only one year but may be renewed annually thereafter upon application to an approval of the board. The board shall grant initial or continued approval upon finding, based on an actuarial evaluation of the existing consortium plan offerings, that benefit design, premium costs, administrative cost, and other factors considered by the board are equivalent to or lower than comparable costs of the board's plan options offered to the local district. Age and gender adjustments, benefit comparison adjustments, and the total cost of the consortium plan, including administration, benefit cost, stop-loss insurance, and all other expenses or information requested by the board shall be presented to the board prior to the board's decision to allow a local district to continue to offer health care benefits under a consortium plan. A district shall not participate in the consortium plan once the district has chosen to offer plans designed by the board to the district's employees and begins premium payments for deposit into the school employees health care fund.
(6) Any districts providing medical plan coverage for the employees of public schools, or that have provided coverage within two years prior to the effective date of this section, shall provide nonidentifiable aggregate claims data for the coverage to the school employees health care board or the department of administrative services, without charge, within thirty days after receiving a written request from the board or the department. The claims data shall include data relating to employee group benefit sets, demographics, and claims experience.
(J) The school employees health care board may contract with other state agencies as the board deems necessary for the implementation and operation of this section, based on demonstrated experience and expertise in administration, management, data handling, actuarial studies, quality assurance, or other needed services. The school employees health care board shall contract with the department of administrative services for central services until the board is able to obtain such services from other sources. The board shall reimburse the department of administrative services for the reasonable cost of those services.
(K) The board's administrative functions shall include, but are not limited to, the following:
(1) Maintaining reserves in the school employees health care fund, reinsurance, and other measures that in the judgment of the board will result in the long-term stability and solvency of the medical plans designed by the board. The board shall bill school districts, in proportion to a district's premium payments to all premium payments paid into the school employees health care fund during the previous year, in order to maintain necessary reserves, reinsurance, and administrative and operating funds. Each school district contributing to a board medical plan shall share any losses due to the expense of claims paid by the plan. In the event of a loss, the board may bill each district an amount, in proportion to the district's premium payments to all premium payments paid into the school employees health care fund during the previous year, sufficient in total to cover the loss. The state is not liable for any obligations of the school employees health care board or the school employees health care fund, or for expenses of public schools or school districts related to the board's medical plans.
(2) Providing health care information, wellness programs, and other preventive health care measures to medical plan beneficiaries, to the extent that the board determines to be appropriate;
(3) Coordinating contracts for services related to the board's medical plans. Contracts shall be approved by the school employees health care board.
(L) Not less than ninety days before coverage begins for public school employees under medical plans designed by the school employees health care board, a school district's board of education shall provide detailed information about the medical plans to the employees.
(M) Nothing in this section shall be construed as prohibiting public schools or school districts from consulting with and compensating insurance agents and brokers for professional services.
(N) The department of administrative services shall report to the governor, the speaker of the house of representatives, and the president of the senate within eighteen months after the effective date of this section on the feasibility of achieving all of the following:
(1) Designing multiple medical plans to cover persons employed by public institutions of higher education that achieve an optimal combination of coverage, cost, choice, and stability, which plans include both state and regional preferred provider plans, set employee and employer premiums, and set employee plan copayments, deductibles, exclusions, limitations, formularies, and other responsibilities. For this purpose, "public institutions of higher education" include, without limitation, state universities and colleges, state community college districts, community college districts, university branch districts, technical college districts, and municipal universities.
(2) Maintaining reserves, reinsurance, and other measures to insure the long-term stability and solvency of the medical plans;
(3) Providing appropriate health care information, wellness programs, and other preventive health care measures to medical plan beneficiaries;
(4) Coordinating contracts for services related to the medical plans.
Sec. 9.981. (A) Sections 9.98 to 9.983 of the Revised
Code
are applicable to bonds:
(1) The payment of the debt service on which is to be
provided for directly or indirectly by payments contracted to be
made in the bond proceedings by the absolute obligors, being
persons other than the issuer; and
(2) Which are authorized to be issued under sections
122.39
to 122.62, Chapter 165., 902., 3377., 3706., division
(A)(4)
of
section 4582.06, division
(A)(8) of section 4582.31,
section
4582.48, or Chapter
6121. or 6123. of the Revised Code,
notwithstanding other
provisions therein.
(B) Sections 9.98 to 9.983 of the Revised Code are
applicable to bonds issued under sections 306.37 and 6119.12 of the Revised Code and Chapters 133., 140., 152., 154., 175.,
and 349. of the Revised Code, and to any bonds authorized under
laws which expressly make those sections applicable.
(C) Subject to division (A) of this section, the authority
provided in sections 9.98 to 9.983 of the Revised Code is
supplemental to and not in derogation of any similar authority
provided by, derived from, or implied by, any law, the Ohio
Constitution, or any charter, resolution,
or ordinance, and no
inference shall be drawn to negate the authority thereunder by
reason of the express provisions of sections 9.98 to 9.983 of the
Revised Code.
(D) Sections 9.98 to 9.983 of the Revised Code shall be
liberally construed to permit flexibility in the arrangements
therein provided to enhance the issuance of such bonds and
provide
for terms most beneficial and satisfactory to the persons
which
undertake to provide for their payment, security, and
liquidity.
Sec. 101.391. (A) There is hereby created the joint
legislative
committee on
medicaid technology and reform. The committee
may
review or study any matter that it considers relevant to the operation of the
medicaid program
established under
Chapter 5111. of the
Revised
Code, with priority given to the study or review of mechanisms to enhance the program's effectiveness through improved technology systems and program reform.
(B) The committee shall consist of five members
of the house of representatives appointed by
the
speaker of the
house of representatives and five members of the senate
appointed
by
the president of the senate. Not more than three members
appointed by the
speaker of the house of representatives and not
more than three members
appointed by the president of the senate may
be of the same political party.
Each member of the committee shall hold office during the
general assembly
in which the member is appointed and until a
successor has been appointed,
notwithstanding the adjournment sine
die of the general assembly in which the
member was appointed or
the expiration of the member's term as a member of the
general
assembly. Any vacancies occurring among the members of the
committee
shall be filled in the manner of the original
appointment.
(C) The committee has the same powers as other standing or select
committees of
the general assembly. The committee may employ an executive director.
Sec. 101.68. (A) Within Subject to division (D) of this section, within thirty days of the convening of
the first regular session of the general assembly, each agency
required to submit reports or similar documents to the general
assembly pursuant to section 103.43, 3301.07, 5139.33,
5501.07, 5537.17, or 5593.21 of the Revised Code shall send
written notice to each member of the general assembly in order to
determine whether the member desires to personally receive the
reports or similar documents as they are made available by the
agency. If the member desires to personally receive the reports
or similar documents as they become available, the member shall
send a written request to the agency within thirty days of
receiving the notice.
(B) Whenever any statute or rule requires that a report,
recommendation, or other similar document be submitted to the
general assembly under a law not cited in division (A) of this
section, to the members of the general assembly, to one house of
the general assembly, or to the members of one house of the
general assembly, the requirement shall be fulfilled by the
submission of a copy of the report, recommendation, or document
to the director of the legislative service commission, the
president of the senate, the minority leader of the senate, the
speaker of the house of representatives, and the minority leader
of the house of representatives if both houses of the general
assembly or their members are specified, or to the director of
the legislative service commission, the president of the senate,
and the minority leader of the senate if only the senate or its
members are specified, or to the director of the legislative
service commission, the speaker of the house of representatives,
and the minority leader of the house of representatives if only
the house of representatives or its members are specified. This
division does not apply to items required to be distributed to
members of the general assembly pursuant to section 103.14,
149.04, 149.07, or 149.17 of the Revised Code.
(C) Each month the legislative service commission shall
provide to each member of the senate and to each member of the
house of representatives a list of all reports, recommendations,
and documents submitted to the officers of the general assembly
under division (B) of this section. The list shall include a
short and accurate description of the content, length, and form
of each report, recommendation, or document submitted, as well as
a statement setting forth the number printed, if applicable, and the cost of
preparation. Each member may request from the legislative
service commission a copy of any report, recommendation, or
document on the list, and the legislative service commission
shall comply with any such request.
(D) Notwithstanding any provision of the Revised Code to the contrary, whenever any statute or rule requires that an agency submit a report, recommendation, or other similar document to the general assembly or otherwise as described in division (B) of this section in a paper, book, or other hard copy format, the report, recommendation, or other document, to the extent technologically feasible, shall be submitted to the general assembly or otherwise as described in division (B) of this section through electronic means, rather than in the hard copy format, and shall be displayed by the agency on a web site it maintains.
Sec. 102.02. (A) Except as otherwise provided in division
(H) of this section, all of the following shall file with the appropriate ethics commission the disclosure statement described in this division on a form prescribed by the appropriate commission: every person who is elected to or is a
candidate for a state, county, or city office and every person who is
appointed to fill a vacancy for an unexpired term in such an
elective office; all members of the state board of education;
the
director, assistant directors, deputy
directors, division chiefs,
or persons of equivalent rank of any
administrative department of
the state; the president or other
chief administrative officer of
every state institution of higher
education as defined in section
3345.011 of the Revised Code; the executive director and the members of the capitol square review and advisory board appointed or employed pursuant to section 105.41 of the Revised Code; the
chief executive officer and the members of the board of each
state retirement system; each employee of a state retirement board who is a state retirement system investment officer licensed pursuant to section 1707.163 of the Revised Code; the members of the Ohio retirement study council appointed pursuant to division (C) of section 171.01 of the Revised Code; employees of the Ohio retirement study council, other than employees who perform purely administrative or clerical functions; the administrator of workers' compensation and each voting member of the workers' compensation oversight commission; the chief investment officer of the bureau of workers' compensation; all
members of the board of commissioners
on grievances and
discipline of the supreme court and the ethics
commission created
under section 102.05 of the Revised Code; every
business manager,
treasurer, or superintendent of a city, local,
exempted village,
joint vocational, or cooperative education
school
district or an educational service center; every person who
is elected
to or is a candidate for
the office of member of a
board of education of a city, local,
exempted village, joint
vocational, or cooperative
education school district or of a
governing board of an educational service
center that has a total
student count of twelve thousand or more as most
recently
determined by the department of education pursuant to section
3317.03
of
the Revised Code; every person who is appointed to the
board of education
of a municipal school district pursuant to
division (B) or
(F) of section 3311.71 of the Revised Code; all
members of the board of
directors of a sanitary district that is
established under Chapter 6115.
of the Revised Code and organized
wholly for the purpose of providing a water
supply for
domestic,
municipal, and public use, and that includes two municipal corporations
in two counties; every public official or
employee who is paid a
salary or wage in accordance with schedule C of section 124.15 or
schedule E-2 of section 124.152 of the Revised Code; members of
the board
of trustees and the executive director of the tobacco
use prevention and
control foundation; members of the board of
trustees and the executive
director of the southern Ohio
agricultural and community development
foundation;
and every
other public official or employee
who is designated by the
appropriate ethics commission pursuant to
division (B) of this
section.
The disclosure statement shall include all of the following:
(1) The name of the person filing the statement and each
member of the person's immediate family and all names under
which
the
person or members of the person's immediate family do
business;
(2)(a) Subject to divisions (A)(2)(b) and (c) of this
section and except as otherwise provided in section 102.022 of
the
Revised Code, identification of every source of income, other
than
income from a legislative agent identified in division
(A)(2)(b)
of this section, received during the preceding calendar
year, in
the person's own name or by any other person for
the person's use
or
benefit, by the person filing the statement, and a brief
description of the nature of the services for which the income
was
received. If the person filing the statement is a member of
the
general assembly, the statement shall identify the amount of
every
source of income received in accordance with the following
ranges
of amounts: zero or more, but less than one thousand
dollars; one
thousand dollars or more, but less than ten thousand
dollars; ten
thousand dollars or more, but less than twenty-five
thousand
dollars; twenty-five thousand dollars or more, but less
than fifty
thousand dollars; fifty thousand dollars or more, but
less than
one hundred thousand dollars; and one hundred thousand
dollars or
more. Division (A)(2)(a) of this section shall not be
construed
to require a person filing the statement who derives
income from a
business or profession to disclose the individual
items of income
that constitute the gross income of that business
or profession,
except for those individual items of income that
are attributable
to the person's or, if the income is shared with
the person, the
partner's, solicitation of services or goods or
performance,
arrangement, or facilitation of services or
provision of goods on
behalf of the business or profession of
clients, including
corporate clients, who are legislative agents. A person who
files the
statement under this section shall disclose the
identity of and
the amount of income received from a person
who
the public
official or employee knows or has reason to know is
doing or
seeking to do business of any kind with the public
official's or
employee's agency.
(b) If the person filing the statement is a member of the
general assembly, the statement shall identify every source of
income and the amount of that income that was received from a
legislative agent during the preceding calendar year, in the person's
own name
or by
any other person for the person's use or benefit, by the
person filing the
statement, and a brief description of the nature
of the services
for which the income was received. Division
(A)(2)(b) of this
section requires the disclosure of clients of
attorneys or
persons licensed under section 4732.12 of the Revised
Code, or
patients of persons certified under section 4731.14 of
the
Revised Code, if those clients or patients are legislative
agents.
Division (A)(2)(b) of this section requires a person
filing the
statement who derives income from a business or
profession to
disclose those individual items of income that
constitute the
gross income of that business or profession that
are received
from legislative agents.
(c) Except as otherwise provided in division (A)(2)(c) of
this section, division (A)(2)(a) of this section applies to
attorneys, physicians, and other persons who engage in the
practice of a profession and who, pursuant to a section of the
Revised Code, the common law of this state, a code of ethics
applicable to the profession, or otherwise, generally are
required
not to reveal, disclose, or use confidences of clients,
patients,
or other recipients of professional services except
under
specified circumstances or generally are required to
maintain
those types of confidences as privileged communications
except
under specified circumstances. Division (A)(2)(a) of this
section
does not require an attorney, physician, or other
professional
subject to a confidentiality requirement as
described in division
(A)(2)(c) of this section to disclose the
name, other identity, or
address of a client, patient, or other
recipient of professional
services if the disclosure would
threaten the client, patient, or
other recipient of professional
services, would reveal details of
the subject matter for which
legal, medical, or professional
advice or other services were
sought, or would reveal an otherwise
privileged communication
involving the client, patient, or other
recipient of professional
services. Division (A)(2)(a) of this
section does not require an
attorney, physician, or other
professional subject to a
confidentiality requirement as described
in division (A)(2)(c) of
this section to disclose in the brief
description of the nature
of services required by division
(A)(2)(a) of this section any
information pertaining to specific
professional services rendered
for a client, patient, or other
recipient of professional
services that would reveal details of
the subject matter for
which legal, medical, or professional
advice was sought or would
reveal an otherwise privileged
communication involving the
client, patient, or other recipient of
professional services.
(3) The name of every corporation on file with the
secretary
of state that is incorporated in this state or
holds a
certificate
of compliance authorizing it to do business in this
state, trust,
business trust, partnership, or association that
transacts
business in this state in which the person filing
the statement or
any other person for the person's use and
benefit had during
the
preceding calendar year an investment of over one thousand
dollars
at fair market value as of the thirty-first day of
December of the
preceding calendar year, or the date of
disposition, whichever is
earlier, or in which the person holds
any office or has a
fiduciary relationship, and a description of
the nature of the
investment, office, or relationship. Division
(A)(3) of this
section does not require
disclosure of the name of any bank,
savings and loan association, credit union, or building and loan
association with which the person filing the statement has a
deposit or a withdrawable share account.
(4) All fee simple and leasehold interests to which the
person filing the statement holds legal title to or a beneficial
interest in real property located within the state, excluding the
person's residence and property used primarily for personal
recreation;
(5) The names of all persons residing or transacting
business in the state to whom the person filing the statement
owes, in the person's own name or in the name of any other
person,
more
than one thousand dollars. Division (A)(5)
of this section
shall not be construed
to require the disclosure of debts owed by
the person resulting
from the ordinary conduct of a business or
profession or debts on
the person's residence or real property
used primarily for
personal recreation, except that the
superintendent of financial
institutions shall disclose the
names
of all
state-chartered savings and loan associations and of
all
service
corporations subject to regulation under division (E)(2)
of
section 1151.34 of the Revised Code to whom the superintendent
in
the superintendent's own name or in the name of any other
person owes any money,
and that the superintendent and any deputy
superintendent of banks shall disclose the names of all
state-chartered
banks and all bank subsidiary corporations subject
to regulation
under section 1109.44 of the Revised Code to whom
the superintendent or deputy superintendent owes any money.
(6) The names of all persons residing or transacting
business in the state, other than a depository excluded under
division (A)(3) of this section, who owe more than one
thousand
dollars to the person filing the statement, either in the
person's
own
name or to any person for the person's use or benefit.
Division
(A)(6) of this section
shall not be construed to require
the disclosure of clients of
attorneys or persons licensed under
section 4732.12 or 4732.15 of
the Revised Code, or patients of
persons certified under section
4731.14 of the Revised Code, nor
the disclosure of debts owed to
the person resulting from the
ordinary conduct of a business or
profession.
(7) Except as otherwise provided in section 102.022 of the
Revised Code, the source of each gift of over seventy-five
dollars, or of each gift of over twenty-five dollars received by
a
member of the general assembly from a legislative agent, received
by the person in the person's own name or by any
other person for
the person's use or benefit during the preceding calendar
year,
except
gifts received by will or by virtue of section 2105.06 of
the
Revised Code, or received from spouses, parents, grandparents,
children, grandchildren, siblings, nephews, nieces, uncles,
aunts,
brothers-in-law, sisters-in-law, sons-in-law,
daughters-in-law,
fathers-in-law, mothers-in-law, or any person
to whom the person
filing the statement stands in loco parentis,
or received by way
of distribution from any inter vivos or
testamentary trust
established by a spouse or by an ancestor;
(8) Except as otherwise provided in section 102.022 of the
Revised Code, identification of the source and amount of every
payment of expenses incurred for travel to destinations inside or
outside this state that is received by the person in the
person's
own name
or by any other person for the person's use or benefit
and
that is
incurred in connection with the person's official
duties, except
for expenses for travel to meetings or conventions
of a national
or state organization to which
any state agency,
including, but not limited to, any legislative agency or state
institution of
higher
education as defined in section
3345.011 of
the Revised
Code,
pays
membership dues, or any political
subdivision or any
office or
agency of a political subdivision
pays membership dues;
(9) Except as otherwise provided in section 102.022 of the
Revised Code, identification of the source of payment of expenses
for meals and other food and beverages, other than for meals and
other food and beverages provided at a meeting at which the
person
participated in a panel, seminar, or speaking engagement
or at a
meeting or convention of a national or state organization
to which
any state agency, including, but not limited to, any legislative
agency or
state institution of higher education as
defined in
section
3345.011 of the Revised Code,
pays membership dues, or
any
political subdivision or any
office or agency of a political
subdivision pays membership dues,
that are incurred in connection
with the person's official duties
and that exceed one hundred
dollars aggregated per calendar year;
(10) If the disclosure statement is filed by a
public official or employee described in division (B)(2) of
section 101.73 of the Revised Code or division (B)(2) of section
121.63 of the Revised Code who receives a statement from a
legislative agent, executive agency lobbyist, or employer that
contains the information described in division (F)(2) of section
101.73 of the Revised Code or division (G)(2) of section 121.63
of
the Revised Code, all of the nondisputed information contained
in
the statement delivered to that public official or employee by
the
legislative agent, executive agency lobbyist, or employer
under
division (F)(2) of section 101.73 or (G)(2) of section
121.63 of
the Revised Code.
A person may file a statement required by this section in
person or by mail. A person who is a candidate for elective
office shall file the statement no later than the thirtieth
day
before the primary, special, or general election at which
the
candidacy is to be voted on, whichever election occurs
soonest,
except that a person who is a write-in candidate shall file the
statement no later than the twentieth day before the earliest
election at which the person's candidacy is to be voted on.
A
person who
holds elective office shall file the statement on or
before
the
fifteenth day of April of each year unless the person
is a
candidate for
office. A person who is appointed to fill a
vacancy for an
unexpired term in an elective office shall file the
statement
within fifteen days after the person qualifies for
office.
Other persons
shall file an annual statement on or before
the fifteenth day of
April or, if appointed or employed after that
date, within ninety
days after appointment or employment. No
person shall be
required to file with the appropriate ethics
commission more than
one statement or pay more than one filing fee
for any one
calendar year.
The appropriate ethics commission, for good cause, may
extend
for a reasonable time the deadline for filing a
statement under
this section.
A statement filed under this section is subject to public
inspection at locations designated by the appropriate ethics
commission except as otherwise provided in this section.
(B) The Ohio ethics commission, the joint legislative
ethics
committee, and the board of commissioners on grievances
and
discipline of the supreme court, using the rule-making
procedures
of Chapter 119. of the Revised Code, may require any
class of
public officials or employees under its jurisdiction and
not
specifically excluded by this section whose positions involve
a
substantial and material exercise of administrative discretion
in
the formulation of public policy, expenditure of public funds,
enforcement of laws and rules of the state or a county or city,
or
the execution of other public trusts, to file an annual
statement
on or before the fifteenth day of April under division
(A) of this
section. The appropriate ethics commission shall
send the public
officials or employees written notice of the
requirement by the
fifteenth day of February of each year the
filing is required
unless the public official or employee is
appointed after that
date, in which case the notice shall be sent
within thirty days
after appointment, and the filing shall be
made not later than
ninety days after appointment.
Except for disclosure
statements filed by members of the
board of trustees and the executive
director of the tobacco use
prevention and control foundation
and members of the
board of
trustees and the executive director of the southern Ohio
agricultural and community development foundation, disclosure
statements filed under this
division with the
Ohio ethics commission by members of boards,
commissions, or
bureaus of the state for which no compensation is
received other
than reasonable and necessary expenses shall be
kept confidential. Disclosure
statements filed
with the Ohio
ethics commission under division (A) of this
section by business
managers, treasurers, and superintendents of
city, local, exempted
village, joint vocational, or
cooperative education school
districts or educational service centers shall be
kept
confidential, except that any person conducting an audit of any
such school district
or educational service center pursuant to
section 115.56 or Chapter 117.
of the Revised Code may examine the
disclosure statement of any
business manager, treasurer, or
superintendent of that school
district or educational service
center. The Ohio ethics commission shall
examine each disclosure
statement required to be kept confidential to
determine whether a
potential conflict of interest exists for the
person who filed the
disclosure statement. A potential conflict
of interest exists if
the private interests of the person, as
indicated by the person's
disclosure statement, might
interfere with the
public interests
the person is required to serve in the
exercise of the person's
authority and duties in
the person's office or position of
employment. If
the commission determines that a potential
conflict of interest
exists, it shall notify the person who filed
the disclosure
statement and shall make the portions of the
disclosure statement
that indicate a potential conflict of
interest subject to public
inspection in the same manner as is
provided for other disclosure
statements. Any portion of the
disclosure statement that the
commission determines does not
indicate a potential conflict of
interest shall be kept
confidential by the commission and shall
not be made subject to
public inspection, except as is necessary
for the enforcement of
Chapters 102. and 2921. of the Revised
Code and except as
otherwise provided in this
division.
(C) No person shall knowingly fail to file, on or before
the
applicable filing deadline established under this section, a
statement that is required by this section.
(D) No person shall knowingly file a false statement that
is
required to be filed under this section.
(E)(1) Except as provided in divisions (E)(2) and (3) of
this section,
the statement required
by division
(A) or (B) of
this section shall be accompanied by a
filing fee of
forty dollars.
(2) The statement required by division (A) of this section
shall be accompanied by the following filing fee to be paid by the person who
is elected or appointed to, or is a candidate for, any of the
following offices:
|
For state office, except member of the |
|
|
|
state board of education |
|
$65 |
|
For office of member of general assembly |
|
$40 |
|
For county office |
|
$40 |
|
For city office |
|
$25 |
|
For office of member of the state board |
|
|
|
of education |
|
$25 |
|
For office of member of a city, local, |
|
|
|
exempted village, or cooperative |
|
|
|
education board of |
|
|
|
education or educational service |
|
|
|
center governing board |
|
$20 |
|
For position of business manager, |
|
|
|
treasurer, or superintendent of a |
|
|
|
city, local, exempted village, joint |
|
|
|
vocational, or cooperative education |
|
|
|
school district or |
|
|
|
educational service center |
|
$20 |
(3) No judge of a court of record or candidate for judge
of
a court
of record, and no referee or magistrate serving a
court of
record, shall be required to pay the fee required under
division
(E)(1) or (2) or (F) of this section.
(4) For any public official who is appointed to a
nonelective office of the state and for any employee who holds a
nonelective position in a public agency of the state, the state
agency that is the primary employer of the state official or
employee shall pay the fee required under division (E)(1) or (F)
of this section.
(F) If a statement required to be filed under this section
is not filed by the date on which it is required to be filed, the
appropriate ethics commission shall assess the person required to
file the statement a late filing fee of ten dollars for each day the statement is not filed,
except that the total amount of the late filing fee shall not
exceed two hundred fifty dollars.
(G)(1) The appropriate ethics commission other than the
Ohio
ethics commission shall deposit all fees it receives under
divisions (E) and (F) of this section into the general revenue
fund of the state.
(2) The Ohio ethics commission shall deposit all receipts,
including, but
not limited to, fees it
receives under divisions
(E) and (F) of this section and all
moneys it receives from
settlements under division (G) of section
102.06 of the Revised
Code, into the Ohio ethics commission fund,
which is hereby
created in the state treasury. All moneys
credited to the fund
shall be used solely for expenses related to
the operation and
statutory functions of the commission.
(H) Division (A) of this section does not apply to a
person
elected or appointed to the office of precinct, ward, or
district
committee member under Chapter 3517. of the Revised
Code; a
presidential elector; a delegate to a national
convention; village
or township officials and employees; any
physician or psychiatrist
who is paid a salary or wage in
accordance with schedule C of
section 124.15 or schedule E-2 of
section 124.152 of the Revised
Code and whose primary duties do
not require the exercise of
administrative discretion; or any
member of a board, commission,
or bureau of any county or city
who receives less than one
thousand dollars per year for serving
in that position.
Sec. 102.06. (A) The appropriate ethics commission shall
receive and may initiate complaints against persons subject to
this chapter concerning conduct alleged to be
in violation of this chapter or section 2921.42 or 2921.43 of the
Revised Code. All complaints except those by the commission
shall
be by affidavit made on personal knowledge, subject to the
penalties of perjury. Complaints by the commission shall be by
affidavit, based upon reasonable cause to believe that a
violation
has occurred.
(B) The appropriate ethics commission shall investigate complaints, may
investigate charges presented to it, and may request further
information, including the specific amount of income from a
source, from any person filing with the commission a statement
required by section 102.02 or 102.021 of the Revised Code, if the
information
sought is directly relevant to a complaint or charges
received by
the commission pursuant to this section. This
information is
confidential, except that the commission, in its discretion, may
share information gathered in the course of any investigation
with, or disclose the information to, the inspector general, any
appropriate prosecuting
authority, any law enforcement agency, or
any other appropriate
ethics commission. If the accused person is a member of the public employees retirement board, state teachers retirement board, school employees retirement board, board of trustees of the Ohio police and fire pension fund, or state highway patrol retirement board, or is a voting member of the workers' compensation oversight commission the appropriate ethics commission, in its discretion, also may share information gathered in the course of an investigation with, or disclose the information to, the attorney general and the auditor of state. The person so requested
shall
furnish the
information to the commission, unless within
fifteen
days from the
date of the request the person files an
action for
declaratory
judgment challenging the legitimacy of the
request in
the court of
common pleas of the county of
the
person's
residence,
the
person's
place of employment, or
Franklin
county. The requested
information need not be furnished
to the
commission during the
pendency of the judicial proceedings.
Proceedings of the
commission in connection with the declaratory
judgment action
shall be kept confidential except as otherwise
provided by this
section. Before the commission proceeds to take
any formal
action
against a person who is the subject of an
investigation
based on
charges presented to the commission, a
complaint shall
be filed
against the person. If the commission
finds that a
complaint is
not frivolous, and there is reasonable
cause to
believe that the
facts alleged in a complaint constitute
a
violation of section
102.02, 102.021, 102.03, 102.04, 102.07, 2921.42, or
2921.43 of the Revised
Code, it shall hold a hearing. If the
commission does not so
find, it shall dismiss the complaint and
notify the accused person
in writing of the dismissal of the
complaint. The commission
shall not make a report of its finding
unless the accused person
requests a report. Upon the request of
the accused person, the
commission shall make a public report of
its finding. The person
against whom the complaint is directed
shall be given reasonable
notice by certified mail of the date,
time, and place of the
hearing and a statement of the charges and
the law directly
involved and shall be given the opportunity to
be
represented by
counsel, to have counsel appointed for
the
person
if
the
person is unable to afford counsel without undue
hardship,
to
examine
the evidence against
the person, to
produce evidence
and to
call and
subpoena witnesses in
the
person's defense, to
confront
the person's accusers, and
to
cross-examine
witnesses.
The commission shall have a
stenographic
record made
of the
hearing. The hearing shall be
closed to the
public.
(C)(1)(a) If, upon the basis of the hearing, the appropriate ethics commission
finds by a preponderance of the evidence that the facts alleged
in
the complaint are true and constitute a violation of section
102.02, 102.021, 102.03, 102.04, 102.07, 2921.42, or 2921.43 of the
Revised
Code, it shall report its findings to the appropriate
prosecuting
authority for proceedings in prosecution of the
violation and to
the appointing or employing authority of the
accused. If the accused person is a member of the public employees retirement board, state teachers retirement board, school employees retirement board, board of trustees of the Ohio police and fire pension fund, or state highway patrol retirement board, the commission also shall report its findings to the Ohio retirement study council.
(b) If the Ohio ethics commission reports its findings to
the appropriate prosecuting authority under division (C)(1)(a) of
this section and the prosecuting authority has not initiated any
official action on those findings within ninety days after
receiving the commission's report of them, the commission
may
publicly comment that no official action has been taken on
its
findings, except that the commission shall make no comment in
violation of the Rules of Criminal Procedure or about any
indictment that has been sealed pursuant to any law or those
rules. The commission shall make no comment regarding the merits
of its findings. As used in division (C)(1)(b) of this section,
"official action" means prosecution, closure after investigation,
or grand jury action resulting in a true bill of indictment or no
true bill of indictment.
(2) If the appropriate ethics commission does not find by
a
preponderance of the evidence that the facts alleged in the
complaint are true and constitute a violation of section 102.02, 102.021,
102.03, 102.04, 102.07, 2921.42, or 2921.43 of the Revised Code
or
if the commission has not scheduled a hearing within ninety
days
after the complaint is filed or has not finally disposed of
the
complaint within six months after it has been heard, it shall
dismiss the complaint and notify the accused person in writing of
the dismissal of the complaint. The commission shall not make a
report of its finding unless the accused person requests a
report.
Upon the request of the accused person, the commission
shall make
a public report of the finding, but in this case all
evidence and
the record of the hearing shall remain confidential
unless the
accused person also requests that the evidence and
record be made
public. Upon request by the accused person, the
commission shall
make the evidence and the record available for
public inspection.
(D) The appropriate ethics commission, or a member of the commission, may
administer oaths, and the commission may issue subpoenas to any
person in the state compelling the attendance of witnesses and
the
production of relevant papers, books, accounts, and records.
The
commission shall issue subpoenas to compel the attendance of
witnesses and the production of documents upon the request of an
accused person. Section 101.42 of the Revised Code shall govern
the issuance of these subpoenas insofar as applicable. Upon the
refusal of any person to obey a subpoena or to be sworn or to
answer as a witness, the commission may apply to the court of
common pleas of Franklin county under section 2705.03 of the
Revised Code. The court shall hold proceedings in accordance
with
Chapter 2705. of the Revised Code. The commission or the
accused
person may take the depositions of witnesses residing
within or
without the state in the same manner as prescribed by
law for the
taking of depositions in civil actions in the court
of common
pleas.
(E) At least once each year, the Ohio ethics commission
shall report on its activities of the immediately preceding year
to the majority and minority leaders of the senate and house of
representatives of the general assembly. The report shall
indicate the total number of complaints received, initiated, and
investigated by the commission, the total number of complaints
for
which formal hearings were held, and the total number of
complaints for which formal prosecution was recommended or
requested by the commission. The report also shall indicate the
nature of the inappropriate conduct alleged in each complaint and
the governmental entity with which any employee or official that
is the subject of a complaint was employed at the time of the
alleged inappropriate conduct.
(F) All papers, records, affidavits, and documents upon
any
complaint, inquiry, or investigation relating to the
proceedings
of the appropriate ethics commission shall be sealed and are
private and
confidential, except as otherwise provided in this
section and
section 102.07 of the Revised Code.
(G)(1) When a complaint or charge is before it, the Ohio
ethics commission or the appropriate prosecuting authority, in
consultation with the person filing the complaint or charge, the
accused, and any other person the commission or prosecuting
authority considers necessary, may compromise or settle the
complaint or charge with the agreement of the accused. The
compromise or settlement may include mediation, restitution,
rescission of affected contracts, forfeiture of any benefits
resulting from a violation or potential violation of law,
resignation of a public official or employee, or any other relief
that is agreed upon between the commission or prosecuting
authority and the accused.
(2) Any settlement agreement entered into under division
(G)(1) of this section shall be in writing and be accompanied by
a
statement of the findings of the commission or prosecuting
authority and the reasons for entering into the agreement. The
commission or prosecuting authority shall retain the agreement
and
statement in
the commission's or
prosecuting
authority's office
and, in
the
commission's or
prosecuting
authority's
discretion,
may make the agreement, the statement, and
any
supporting
information public, unless the agreement provides
otherwise.
(3) If a settlement agreement is breached by the accused,
the commission or prosecuting authority, in
the commission's
or
prosecuting authority's
discretion, may rescind the
agreement and
reinstitute any
investigation, hearing, or
prosecution of the
accused. No
information obtained from the
accused in reaching the
settlement
that is not otherwise
discoverable from the accused
shall be used
in any proceeding
before the commission or by the
appropriate
prosecuting authority
in prosecuting the violation.
Notwithstanding any other section of
the Revised Code, if a
settlement agreement is breached, any
statute of limitations for
a
violation of this chapter or section
2921.42 or 2921.43 of the
Revised Code is tolled from the date the
complaint or charge is
filed until the date the settlement
agreement is breached.
Sec. 103.132. The legislative service commission, in conjunction with the legislative information systems office, shall establish and maintain an electronic database containing current and historical revenue and expenditure data for each school district in the state that is easy to use and readily accessible through the internet.
Sec. 108.05. (A) The lieutenant governor shall be a member of the
governor's
cabinet and shall preside at its meetings in the absence of the governor.
(B) The governor may appoint the lieutenant governor as an administrative
department head listed in section 121.03 of the Revised Code, as director
of the office of criminal justice services pursuant to section 181.52 of the
Revised Code, as
the governor's representative on any board, agency, committee, or
commission of which the
governor is a member and has the authority to appoint a representative, or in
an advisory capacity to any nonelective board, agency, committee, or
commission in the executive department or may give the lieutenant
governor
any special assignment as the governor considers in the interest of the state.
(C) When carrying out any of the functions described in division (B) of this
section, the lieutenant governor shall be reimbursed from funds of the
particular authority for necessary expenses incurred in the conduct of
authority business.
Sec. 109.54. (A) The bureau of criminal identification
and
investigation may investigate any criminal activity in this
state
that is of statewide or intercounty concern when requested
by
local authorities and may aid federal authorities, when
requested,
in their investigation of any criminal activity in
this state. The bureau may investigate any criminal activity in this state related to the conduct of elections when requested by the secretary of state.
The bureau may investigate any criminal activity in
this state
involving drug abuse or illegal drug distribution
prohibited under
Chapter 3719. or 4729. of the Revised Code. The
superintendent
and any agent of the bureau may participate, as
the director of an
organized crime task force established under
section 177.02 of the
Revised Code or as a member of the
investigatory staff of a task
force established under that section, in an
investigation of
organized criminal activity anywhere within this state under
sections 177.01 to 177.03 of the Revised Code.
(B) The bureau may provide any trained investigative
personnel and specialized equipment that are requested by any
sheriff or chief of police, by the authorized designee of any
sheriff or chief
of police, or by any other authorized law
enforcement officer to aid and
assist the officer in the
investigation and solution of any crime or
the control of any
criminal activity occurring within
the officer's jurisdiction.
This assistance shall be furnished by the bureau
without
disturbing or impairing any of the existing law
enforcement
authority or the prerogatives of local law
enforcement authorities
or officers. Investigators provided
pursuant to this section, or
engaged in an investigation pursuant
to section 109.83 of the
Revised Code, may go armed in the same
manner as sheriffs and
regularly appointed police officers under
section 2923.12 of the
Revised Code.
(C)(1) The bureau shall obtain recording equipment that
can
be used to record depositions of the type described in
division
(A) of section 2152.81 and division (A) of
section
2945.481 of
the Revised Code, or testimony of the type
described in division
(D) of section 2152.81 and
division (D) of section
2945.481 or in
division (C) of section 2937.11 of the
Revised Code, shall obtain
closed circuit equipment that can be used to
televise testimony of
the type described in division (C) of
section 2152.81 and
division (C) of section 2945.481
or in
division (B) of section
2937.11 of the Revised Code, and shall
provide the equipment, upon
request, to any court for use in
recording any deposition or
testimony of one of those types
or in televising the
testimony in
accordance with the applicable division.
(2) The bureau shall obtain the names, addresses, and
telephone numbers of persons who are experienced in questioning
children in relation to an investigation of a violation of
section
2905.03, 2905.05, 2907.02, 2907.03, 2907.04,
2907.05, 2907.06,
2907.07, 2907.09,
2907.21, 2907.23, 2907.24, 2907.31, 2907.32,
2907.321,
2907.322, 2907.323, or 2919.22 of
the Revised Code or an
offense of violence and shall
maintain a list of those names,
addresses, and telephone numbers. The
list shall include a
classification of the names,
addresses, and telephone numbers by
appellate district. Upon
request, the bureau shall provide any
county sheriff, chief of
police, prosecuting attorney, village
solicitor, city director of
law, or similar chief legal officer
with the name, address, and
telephone number of any person
contained in the list.
Sec. 109.57. (A)(1) The superintendent of the bureau of
criminal identification and investigation shall procure from wherever
procurable and file
for record photographs, pictures, descriptions, fingerprints,
measurements, and other information that may be pertinent of
all persons who have been convicted of committing within this state a
felony, any crime
constituting a misdemeanor on the first offense and a felony on subsequent
offenses, or any misdemeanor described in division
(A)(1)(a) of section 109.572 of the Revised Code, of all
children under eighteen years of age who have been adjudicated
delinquent children for committing within this state an act that would
be a felony or
an offense of violence if committed by an adult or who have been
convicted of
or pleaded guilty to committing within this state a felony or an offense
of violence, and of all
well-known and habitual criminals. The person
in charge of any
county, multicounty, municipal, municipal-county, or
multicounty-municipal jail or workhouse, community-based correctional
facility, halfway house, alternative residential facility, or
state correctional institution and the person in
charge of any state institution having custody of a person
suspected of having committed a felony, any crime constituting
a misdemeanor on the first offense and a felony on subsequent offenses,
or any misdemeanor described in division (A)(1)(a)
of section 109.572 of the Revised Code or having custody of a child
under eighteen years of age with respect to whom there is
probable
cause to believe that the child may have committed an act that would
be a felony or
an offense of violence if committed by an adult shall furnish such
material
to the superintendent of
the bureau. Fingerprints, photographs, or other
descriptive information of a child who is under eighteen years of age,
has not been arrested or otherwise taken into custody for committing an act
that would be a felony or an offense of
violence if committed by an adult, has not
been adjudicated a delinquent child for committing an act
that would be a felony or an offense of violence
if committed by an adult, has not been convicted of
or pleaded guilty to committing a
felony or an
offense of violence, and is not a child with respect to whom there is
probable cause to
believe that the child may have committed an act
that would be a felony or
an offense of violence if committed by an adult
shall not be procured by the superintendent or furnished by any
person in charge of any
county, multicounty, municipal, municipal-county, or
multicounty-municipal jail or workhouse, community-based correctional
facility, halfway house, alternative residential facility, or
state correctional institution, except as
authorized in section 2151.313 of the Revised Code.
(2) Every clerk of a
court of record in this state, other than the
supreme court or a court of appeals, shall send to the
superintendent of
the bureau a weekly report containing a summary of each case
involving a felony, involving any crime constituting a
misdemeanor on the
first offense and a felony on subsequent offenses, involving a misdemeanor
described in division (A)(1)(a) of section 109.572
of the Revised Code, or involving an
adjudication in a case in which a child under eighteen years of age was
alleged to be a delinquent child
for committing an act that would be a
felony or an offense of violence if committed by
an adult. The clerk
of the court of common pleas shall include in the report and summary the clerk
sends under this division all information described in divisions
(A)(2)(a) to (f) of this section
regarding a case before the court of appeals that is served by that
clerk. The summary shall be written on the standard forms
furnished by the
superintendent pursuant to division (B) of this section and shall
include the following information:
(a) The incident tracking number contained on the standard forms
furnished by the superintendent pursuant to division (B) of this
section;
(b) The style and number of the case;
(d) The date that the person was convicted of or pleaded guilty
to the offense, adjudicated a delinquent child for committing the act that
would be
a felony or an
offense of violence if committed by an adult, found not guilty of the
offense, or found not to be a delinquent child for committing an act that
would be a
felony or an
offense of violence if committed by an adult, the date of an entry
dismissing
the charge, an entry declaring a mistrial of the offense in which the person
is discharged, an entry finding that the person or child is not competent to
stand trial, or an entry of a nolle prosequi, or the date of any other
determination that constitutes final resolution of the case;
(e) A statement of the original charge with the section of the Revised Code
that was alleged to be violated;
(f) If the person or child was convicted, pleaded guilty, or was
adjudicated a delinquent child, the sentence or
terms of probation imposed or any other disposition of the
offender or the delinquent child.
If the offense involved the disarming of a law enforcement officer or an
attempt to disarm a law enforcement officer, the clerk shall
clearly state that fact in the summary, and the superintendent shall ensure
that a clear statement of that fact is placed in the bureau's records.
(3) The superintendent shall cooperate with and assist
sheriffs,
chiefs of police, and other law enforcement officers in the establishment of
a complete system of criminal identification and in obtaining
fingerprints and other means of identification of all persons
arrested on a charge of a felony, any crime constituting a
misdemeanor on the first offense and a felony on subsequent
offenses, or a misdemeanor described in division
(A)(1)(a) of section 109.572 of the Revised Code and of all children
under
eighteen years of age arrested or otherwise taken into custody for committing
an act that would
be a felony or an offense of violence if committed by an adult.
The
superintendent also shall file for record the
fingerprint impressions of all persons confined in a county, multicounty,
municipal, municipal-county, or multicounty-municipal jail or workhouse,
community-based correctional facility, halfway house,
alternative residential facility, or state correctional institution for
the violation of state
laws and of all children under
eighteen years of age who
are confined in a county, multicounty, municipal, municipal-county, or
multicounty-municipal jail or workhouse, community-based
correctional facility, halfway house, alternative residential facility, or
state correctional
institution or in any
facility for delinquent children for committing an act
that would be a felony or
an offense of violence if committed by an adult, and any other
information
that the superintendent may receive from law enforcement
officials of the state and its political subdivisions.
(4) The superintendent shall carry out Chapter 2950. of
the
Revised Code with respect to the registration of
persons who are convicted of or plead guilty
to either a sexually oriented offense that is not a registration-exempt sexually oriented offense or a child-victim oriented offense and with respect to all other duties imposed on
the bureau under that chapter.
(5) The bureau shall perform centralized recordkeeping functions for criminal history records and services in this state for purposes of the national crime prevention and privacy compact set forth in section 109.571 of the Revised Code and is the criminal history record repository as defined in that section for purposes of that compact. The superintendent or the superintendent's designee is the compact officer for purposes of that compact and shall carry out the responsibilities of the compact officer specified in that compact.
(B) The superintendent shall prepare and furnish to every
county, multicounty, municipal, municipal-county, or
multicounty-municipal jail or workhouse, community-based correctional
facility, halfway house, alternative residential facility, or
state correctional institution and to every clerk of a court in this
state specified in division (A)(2) of this
section standard forms for reporting the information required
under division (A) of this
section. The standard forms that the superintendent prepares pursuant to
this division may be in a tangible format, in an electronic format, or in both
tangible formats and electronic formats.
(C) The superintendent may operate a center for
electronic, automated, or other data processing for the storage
and retrieval of information, data, and statistics pertaining to
criminals and to children under eighteen years of age who are adjudicated
delinquent children for committing an
act that would be a felony or an offense of
violence if committed by an adult, criminal activity, crime prevention,
law
enforcement,
and criminal justice, and may establish and operate a statewide
communications network to gather and disseminate information,
data, and statistics for the use of law enforcement agencies. The
superintendent may gather, store, retrieve, and
disseminate information, data, and statistics that pertain to children who are
under eighteen years of age and that are gathered pursuant to sections 109.57
to 109.61 of the Revised Code together with information, data, and
statistics that pertain to adults and that are gathered pursuant to those
sections. In addition to any other authorized use of information, data, and statistics of that nature, the superintendent or the superintendent's designee may provide and exchange the information, data, and statistics pursuant to the national crime prevention and privacy compact as described in division (A)(5) of this section.
(D) The information and materials furnished to the
superintendent pursuant to division (A) of this section and
information and materials furnished to any board or person under
division (F) or (G) of this section are not public records under section
149.43 of the Revised Code.
(E) The attorney general shall adopt rules, in accordance
with Chapter 119. of the Revised Code, setting forth the
procedure by which a person may receive or release information
gathered by the superintendent pursuant to
division (A) of this
section. A reasonable fee may be charged for this service. If a
temporary employment service submits a request for a determination
of whether a person the service plans to refer to an employment
position has been convicted of or pleaded guilty to an offense
listed in division (A)(1), (3), (4), (5), or (6) of section 109.572
of the Revised Code, the request shall be treated as a single
request and only one fee shall be charged.
(F)(1) As used in division (F)(2) of this section, "head
start agency" means an entity in this state that has been
approved to be an agency for purposes of subchapter II of the
"Community Economic Development Act," 95 Stat. 489 (1981), 42
U.S.C.A. 9831, as amended.
(2)(a) In addition to or in conjunction with any request that
is required to be made under section 109.572, 2151.86, 3301.32,
3301.541, 3319.39, 3701.881, 5104.012, 5104.013, 5123.081, 5126.28,
5126.281, or 5153.111 of the Revised Code, the board of education
of any school district; the director of mental retardation and
developmental disabilities; any county board of mental retardation
and developmental disabilities; any entity under contract with a
county board of mental retardation and developmental
disabilities; the chief administrator of any chartered nonpublic
school; the chief administrator of any home health agency;
the chief administrator of or person operating any child
day-care center, type A family day-care home, or type B family
day-care home licensed or certified under Chapter 5104. of the
Revised Code; the administrator of any type C family day-care
home certified pursuant to Section 1 of Sub. H.B. 62 of the 121st
general assembly or Section 5 of Am. Sub. S.B. 160 of the 121st
general assembly; the chief administrator of any head start agency;
or the executive director of a public children services agency
may request that the superintendent of the bureau investigate and
determine, with respect to any individual who has applied for
employment in any position after October 2, 1989, or any individual
wishing to apply for employment with a board of education may
request, with regard to the
individual, whether the bureau has any
information gathered under division (A) of this section that
pertains to that individual. On receipt of the request, the
superintendent shall determine whether that information
exists
and, upon request of the person, board, or entity requesting
information, also shall request from the federal bureau of
investigation any criminal records it has pertaining
to that
individual. The superintendent or the superintendent's designee also may request criminal history records from other states or the federal government pursuant to the national crime prevention and privacy compact set forth in section 109.571 of the Revised Code. Within thirty days of the date that the superintendent
receives a
request, the superintendent shall send to the board, entity, or
person a report of any information that the superintendent
determines exists,
including information contained in records that have been sealed
under section 2953.32 of the Revised Code, and, within thirty
days of its receipt, shall send the board, entity, or person a
report of any information received from the federal
bureau of investigation, other than information the dissemination
of which is prohibited by federal law.
(b) When a board of education is required to receive information
under this section as a prerequisite to employment of an
individual pursuant to section 3319.39 of the Revised Code, it may accept a
certified copy of records that were issued
by the bureau of criminal identification and investigation and that are
presented by an individual applying for employment with the
district in lieu of requesting that information itself. In such a case, the
board shall accept the certified copy issued by the bureau in order to make a
photocopy of it for that individual's employment application documents and
shall return the certified copy to the individual. In a case of that nature,
a district only shall
accept a certified copy of records of that nature within one year
after the date of their issuance by the
bureau.
(3) The state board of education may request, with respect
to any individual who has applied for employment after October 2,
1989, in any position with the state board or the department of
education, any information that a school district board of
education is authorized to request under division (F)(2)
of this section, and the
superintendent of the bureau shall proceed as if the request has
been received from a school district board of education under
division (F)(2) of this section.
(4) When the superintendent of the bureau receives a
request for information under section 3319.291
of the Revised Code, the superintendent shall proceed as if the
request has been received from a school district board of
education under division (F)(2) of this section.
(5) When a recipient of an OhioReads a classroom
or
community reading
improvement grant paid under section 3301.86 or 3301.87 of the Revised
Code
or an entity approved by the OhioReads council
requests, with respect to any individual who applies to participate in
providing any program or service
through an entity approved by the OhioReads council
or
funded in whole or in
part by the grant, the information that a school district board of
education is authorized to request under division
(F)(2)(a) of
this section, the superintendent of the bureau shall proceed as if the
request has been
received from a school district board of education under division
(F)(2)(a) of this section.
(G) In addition to or in conjunction with
any request that is required to be made under section 173.41, 3701.881,
3712.09,
3721.121, or 3722.151 of the Revised
Code with respect to an individual who has applied for employment in
a position that involves providing direct care to an older adult, the chief
administrator of a PASSPORT agency that provides services through the
PASSPORT program created under section 173.40 of the Revised
Code, home health agency,
hospice care program, home licensed under Chapter 3721.
of the Revised Code, adult day-care program
operated pursuant to rules adopted under section 3721.04 of the
Revised Code, or adult care facility
may request that the superintendent of the bureau
investigate and determine, with respect to any individual who has
applied after
January 27, 1997, for employment in a position that
does not involve providing
direct care to an older adult, whether the bureau has any information
gathered under division (A) of this section that pertains
to that individual. On receipt of the request, the
superintendent shall determine whether that information
exists
and, on request of the administrator requesting information,
shall also request from the federal bureau of investigation any
criminal records it has pertaining to that
individual. The superintendent or the superintendent's designee also may request criminal history records from other states or the federal government pursuant to the national crime prevention and privacy compact set forth in section 109.571 of the Revised Code. Within
thirty days of the date a request is received, the superintendent
shall send to the administrator a report of any
information determined to exist, including information contained
in records that have been sealed under section 2953.32 of the
Revised Code, and, within thirty days of its
receipt, shall send the administrator a report of any
information received from the federal bureau of
investigation,
other than information the dissemination of which is prohibited
by federal law.
(H) Information obtained by a board,
administrator, or other person under this section is confidential
and shall not be released or disseminated.
(I) The superintendent may charge a reasonable fee for
providing information or criminal records under division (F)(2)
or (G) of this section.
Sec. 109.579. (A) On receipt of a request pursuant to division (B) of section 4123.444 of the Revised Code, a completed form prescribed pursuant to division (C)(1) of this section, and a set of fingerprint impressions obtained in the manner described in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check in the manner described in division (B) of this section to determine whether any information exists that indicates that the person who is the subject of the request previously has been convicted of or pleaded guilty to any criminal offense involving theft, receiving stolen property, embezzlement, forgery, fraud, passing bad checks, money laundering, drug trafficking, or any criminal offense involving money or securities, as set forth in Chapters 2909., 2911., 2913., 2915., 2921., 2923., and 2925. of the Revised Code or other law of this state, or the laws of any other state or of the United States that are substantially equivalent to those offenses.
(B) The superintendent shall conduct a criminal records check pursuant to division (A) of this section as follows:
(1) The superintendent shall review or cause to be reviewed any relevant information gathered and compiled by the bureau under division (A) of section 109.57 of the Revised Code that relates to the person who is the subject of the request, including any relevant information contained in records that have been sealed under section 2953.32 of the Revised Code.
(2) If the request received by the superintendent asks for information from the federal bureau of investigation, the superintendent shall request from the federal bureau of investigation any information it has with respect to the person who is the subject of the request. The superintendent shall review or cause to be reviewed any information that the superintendent receives from the federal bureau of investigation.
(3) The superintendent shall forward the results of a criminal records check conducted pursuant to this division to the administrator of workers' compensation.
(C)(1) The superintendent shall prescribe a form to obtain the information necessary to conduct a criminal records check from any person for whom a criminal records check is requested pursuant to division (B) of section 4123.444 of the Revised Code. The form that the superintendent prescribes pursuant to this division may be in a tangible format, in an electronic format, or in both tangible and electronic formats.
(2) The superintendent shall prescribe standard impression sheets to obtain the fingerprint impressions of any person for whom a criminal records check is requested pursuant to section 4123.444 of the Revised Code. Any person for whom the administrator requests the superintendent to conduct a criminal records check pursuant to that section shall have the person's fingerprint impressions made at a county sheriff's office, a municipal police department, or any other entity with the ability to make fingerprint impressions on the standard impression sheets prescribed by the superintendent. The office, department, or entity may charge the person a reasonable fee for making the impressions. The standard impression sheets the superintendent prescribes pursuant to this division may be in a tangible format, in an electronic format, or in both tangible and electronic formats.
(3) The superintendent may prescribe methods of forwarding fingerprint impressions and information necessary to conduct a criminal records check. The methods shall include, but are not limited to, electronic methods.
(D) A determination whether any information exists that indicates that a person previously has been convicted of or pleaded guilty to any offense listed or described in division (A) of this section that the superintendent makes pursuant to information considered in a criminal records check under this section is valid for the person who is the subject of that criminal records check for a period of one year after the date the superintendent makes that determination.
(E) The superintendent shall prescribe and charge a reasonable fee for providing a criminal records check requested under section 4123.444 of the Revised Code. If another request for a criminal records check is made under this section for a person for whom a valid determination under division (D) of this section is available, the superintendent shall provide the determination for a reduced fee.
Sec. 109.79. (A) The Ohio peace officer training
commission
shall establish and conduct a training school for law enforcement
officers of any political subdivision of the state or of the
state public defender's office. The school shall be known as the
Ohio peace officer training academy. No bailiff or deputy
bailiff of a court of record of this state and no criminal
investigator employed by the state public defender shall be
permitted to attend the academy for training unless the employing
court of the bailiff or deputy bailiff or the state public
defender, whichever is applicable, has authorized the bailiff,
deputy bailiff, or investigator to attend the academy.
The Ohio peace officer training commission shall develop
the
training program, which shall include courses in both the civil
and criminal functions of law enforcement officers, a course in
crisis intervention with six or more hours of training, and
training in the handling of missing children and child abuse and
neglect cases, and shall establish rules governing qualifications
for admission to the academy. The commission may
require
competitive examinations to determine fitness of prospective
trainees, so long as the examinations or other criteria for
admission to the academy are consistent with the provisions of
Chapter 124. of the Revised Code.
The Ohio peace officer training commission shall
determine
tuition costs which shall be sufficient in the aggregate to pay
the costs of operating the academy. The costs of acquiring and
equipping the academy shall be paid from appropriations made by
the general assembly to the Ohio peace officer training
commission
for that purpose, or from gifts or grants received for that
purpose, or from fees for goods related to the academy.
The law enforcement officers, during the period of their
training, shall receive compensation as determined by the
political subdivision that sponsors them or, if the officer is a
criminal investigator employed by the state public defender, as
determined by the state public defender. The political
subdivision may pay the tuition costs of the law enforcement
officers they sponsor and the state public defender may pay the
tuition costs of criminal investigators of that office who attend
the academy.
If trainee vacancies exist, the academy may train and issue
certificates of satisfactory completion to peace officers who are
employed by a campus police department pursuant to section
1713.50 of the Revised Code, by a qualified nonprofit corporation
police department pursuant to section 1702.80 of the Revised
Code, or by a railroad company, who are amusement park police officers appointed and commissioned by a judge of the appropriate municipal court or county court pursuant to section 4973.17 of the Revised Code, or who are hospital police
officers appointed and commissioned by the governor pursuant to
sections 4973.17 to 4973.22 of the Revised Code, provided that no
such officer shall be trained at the academy unless the officer
meets the qualifications established for admission to the academy
and the qualified nonprofit corporation police department,
railroad company, hospital, or amusement park or the private college or
university that established the campus police department prepays
the entire cost of the training. A qualified nonprofit
corporation police department, railroad company, hospital, or amusement park or a
private college or university that has established a campus
police department is not entitled to reimbursement from the state
for any amount paid for the cost of training the railroad
company's peace officers or the peace officers of the qualified
nonprofit corporation police department, campus police
department, hospital, or amusement park.
The academy shall permit investigators employed by the
state medical board to take selected courses that the board
determines are consistent with its responsibilities for initial
and continuing training of investigators as required under
sections 4730.26 and 4731.05 of the
Revised Code. The board
shall pay the entire cost of training that investigators receive
at the academy.
(B) As used in this section:
(1) "Law enforcement officers" include any undercover drug
agent, any bailiff or deputy bailiff of a court of record, and
any criminal investigator who is employed by the state public
defender.
(2) "Undercover drug agent" means any person who:
(a) Is employed by a county, township, or municipal
corporation for the purposes set forth in division (B)(2)(b) of
this section but who is not an employee of a county sheriff's
department, of a township constable, or of the police department
of a municipal corporation or township;
(b) In the course of the person's employment by a county,
township,
or municipal corporation, investigates and gathers information
pertaining to persons who are suspected of violating Chapter
2925. or 3719. of the Revised Code, and generally does not wear a
uniform in the performance of the person's duties.
(3) "Crisis intervention training" has the same meaning as
in section 109.71 of the Revised Code.
(4) "Missing children" has the same meaning as in section
2901.30 of the Revised Code.
Sec. 109.91. (A) There is hereby established within the
office of the attorney general the crime victims assistance
office.
(B) There is hereby established the state victims
assistance advisory committee. The committee shall consist of a chairperson,
to be appointed by the attorney general, four three ex
officio members, and fifteen members to be appointed by the
attorney general as follows: one member who represents the Ohio
victim-witness association; three members who represent local
victim assistance programs, including one from a municipally
operated program and one from a county-operated program; one
member who represents the interests of elderly victims; one
member who is a board member of any statewide or local
organization that exists primarily to aid victims of domestic
violence, or who is an employee of, or counselor for, such an
organization; one member who is an employee or officer of a
county probation department or a probation department operated by
the department of rehabilitation and correction; one member who
is a county prosecuting attorney; one member who is a city law
director; one member who is a county sheriff; one member who is a
member or officer of a township or municipal police department;
one member who is a court of common pleas judge; one member who
is a municipal court judge or county court judge; and two members
who are private citizens and are not government employees.
The committee shall include the following ex officio,
nonvoting
members: the chief justice of the supreme court, the attorney
general, one member of the senate to be designated by the
president of the senate, and one member of the house of
representatives to be designated by the speaker of the house.
Members of the committee shall serve without compensation,
but
shall be reimbursed for travel and other necessary expenses that
are incurred in the conduct of their official duties as members
of the committee. The chairperson
and members of the committee appointed by
the attorney general shall serve at the pleasure of the attorney
general. The chief justice of the supreme court and the attorney
general shall serve on the committee until the end of the
term of
office that qualified them the attorney general for membership on the
committee. The
member of the senate and the member of the house of
representatives shall serve at the pleasure of the president of
the senate and the speaker of the house of representatives,
respectively.
(C) The victims assistance advisory committee shall
perform
both of the following duties:
(1) Advise the crime victims assistance office in
determining crime and delinquency victim service needs,
determining crime and delinquency victim policies for the state,
and improving and exercising leadership in the quality of crime
and delinquency victim programs in the state;
(2) Review and recommend to the crime victims assistance
office the victim assistance programs that should be considered
for the receipt of state financial assistance pursuant to section
109.92 of the Revised Code. The financial assistance allocation
recommendations of the committee shall be based on the
following
priorities:
(a) Programs in existence on July 1, 1985, shall be given
first priority;
(b) Programs offering or proposing to offer the broadest
range of services and referrals to the community served,
including medical, psychological, financial, educational,
vocational, and legal services that were not in existence on July
1, 1985, shall be given second priority;
(c) Other qualified programs shall be given last priority.
(D) As used in this section and section 109.92 of the
Revised Code, "victim assistance program" includes, but is not
limited to a program that provides at least one of the following:
(1) Services to victims of any offense of violence or
delinquent act that would be an offense of violence if committed
by an adult;
(2) Financial assistance or property repair services to
victims of crime or delinquent acts;
(3) Assistance to victims of crime or delinquent acts in
judicial proceedings;
(4) Assistance to victims of crime or delinquent acts
under the operation of any political subdivision of the state or
a branch of the criminal justice system set forth in division
(B)(1)(a), (2)(b), or (3)(c) of section 181.51 5502.61 of the Revised Code;
(5) Technical assistance to persons or organizations that
provide services to victims of crime or delinquent acts under the
operation of a branch of the criminal justice system set forth in
divisions division (B)(1)(a), (2)(b), and (3) or (c) of section 181.51 5502.61 of the Revised
Code.
A victim assistance program does not include the program
for the reparation of crime victims established pursuant to
Chapter 2743. of the Revised Code.
Sec. 109.98. As used in this section, "state retirement board" means the public employees retirement board, board of trustees of the Ohio police and fire pension fund, school employees retirement board, state teachers retirement board, and state highway patrol retirement board.
If a member of a state retirement board breaches the member's fiduciary duty to the retirement system, the attorney general may maintain a civil action against the board member for harm resulting from that breach. The Notwithstanding sections 145.10, 742.09, 3307.13, 3309.13, and 5505.23 of the Revised Code, after being informed of an allegation that the entire board has breached its fiduciary duty, the state retirement board may retain independent legal counsel, including legal counsel provided by the board's fiduciary insurance carrier, to advise the board and to represent the board.
The attorney general may recover damages or be granted injunctive relief, which shall include the enjoinment of specified activities and the removal of the member from the board. Any damages awarded shall be paid to the retirement system. The authority to maintain a civil action created by this section is in addition to any authority the attorney general possesses under any other provision of the Revised Code.
Sec. 109.981. If a voting member of workers' compensation oversight commission breaches the member's fiduciary duty to the bureau of workers' compensation, the attorney general may maintain a civil action against the board member for harm resulting from that breach. Notwithstanding section 4121.128 of the Revised Code, after being informed of an allegation that the entire oversight commission has breached its fiduciary duty, the oversight commission may retain independent legal counsel, including legal counsel provided by the oversight commission's fiduciary insurance carrier, to advise the board and to represent the board. The attorney general may recover damages or be granted injunctive relief, which shall include the enjoinment of specified activities and the removal of the member from the board. Any damages awarded shall be paid to the bureau. The authority to maintain a civil action created by this section is in addition to any authority the attorney general possesses under any other provision of the Revised Code.
Sec. 117.10. The auditor of state shall audit all public offices as provided
in this chapter. The auditor of state also may audit the
accounts of private institutions,
associations, boards, and corporations
receiving public money for their use
and may require of them annual reports in such form as the
auditor of state prescribes.
If the auditor of state performs or contracts for the performance of an audit, including a special audit, of the public employees retirement system, school employees retirement system, state teachers retirement system, state highway patrol retirement system, or Ohio police and fire pension fund, the auditor of state shall make a timely report of the results of the audit to the Ohio retirement study council.
The auditor of state may audit the accounts of any provider as defined in
section 5111.06 of the Revised Code, if requested by the
department of
job and family services.
If a public office has been audited by an agency of the United States
government, the auditor of state may, if satisfied that the
federal
audit has been conducted according to principles and procedures not contrary
to those of the auditor of state, use and adopt the federal audit and report
in lieu of an audit by the auditor of state's own office.
Within thirty days after the creation or dissolution or the winding up of
the affairs of any public office, that public office shall notify the auditor
of state in writing that this action has occurred.
Sec. 120.06. (A)(1) The state public defender, when
designated by the court or requested by a county public defender
or joint county public defender, may provide legal representation
in all courts throughout the state to indigent adults and
juveniles who are charged with the commission of an offense or
act
for which the penalty or any possible adjudication includes
the
potential loss of liberty.
(2) The state public defender may provide legal
representation to any indigent person who, while incarcerated in
any state correctional institution, is charged with a felony
offense,
for which the penalty or any possible adjudication that
may be
imposed by a court upon conviction includes the potential
loss of
liberty.
(3) The state public defender may provide legal
representation to any person incarcerated in any correctional
institution of the state, in any matter in which the person
asserts the person is unlawfully imprisoned or detained.
(4) The state public defender, in any case in which the
state
public defender has provided legal representation or is
requested to do so by
a county public defender or joint county
public defender, may
provide legal representation on appeal.
(5) The state public defender, when designated by the
court
or requested by a county public defender, joint county
public
defender, or the director of rehabilitation and
correction, shall
provide legal representation in parole and
probation revocation
matters
or matters relating to the revocation of community control
or post-release control under a community control sanction or
post-release control sanction, unless the state public defender
finds that the alleged
parole or probation violator
or alleged
violator of a community control sanction or post-release control
sanction has the
financial capacity to retain
the alleged
violator's own
counsel.
(6) If the state public defender contracts with a county
public defender commission, a joint county public defender
commission, or a board of county commissioners for the provision
of services, under authority of division (C)(7) of section 120.04
of the Revised Code, the state public defender shall provide
legal
representation in accordance with the contract.
(B) The state public defender shall not be required to
prosecute any appeal, postconviction remedy, or other proceeding
pursuant to division (A)(3), (4), or (5) of this section, unless
the state public defender first is satisfied that there is
arguable merit to the proceeding.
(C) A court may appoint counsel or allow an indigent
person
to select the indigent's own personal counsel to assist the state
public defender as co-counsel when the interests of justice so
require. When co-counsel is appointed to assist the state public
defender, the co-counsel shall receive any compensation that the
court may approve, not to exceed the amounts provided for in
section 2941.51 of the Revised Code.
(D)(1) When the state public defender is designated by the
court or requested by a county public defender or joint county
public defender to provide legal representation for an indigent
person in any case, other than pursuant to a contract entered
into
under authority of division (C)(7) of section 120.04 of the
Revised Code, the state public defender shall send to the county
in which the case is filed an itemized a bill for fifty per cent of detailing
the actual cost of the representation that separately itemizes legal fees and expenses. The county, upon receipt
of an itemized bill from the state public defender pursuant to
this division, shall pay fifty per cent of the actual cost of the
legal representation as set forth in the itemized bill. pay the state public defender each of the following amounts:
(a) For the amount identified as legal fees in the itemized bill, one hundred per cent of the amount identified as legal fees less the state reimbursement rate as calculated by the state public defender pursuant to section 120.34 of the Revised Code for the month the case terminated, as set forth in the itemized bill;
(b) For the amount identified as expenses in the itemized bill, one hundred per cent.
(2) Upon payment of the itemized bill under division (D)(1) of this section, the county may submit the cost of the expenses, excluding legal fees, to the state public defender for reimbursement pursuant to section 120.33 of the Revised Code.
(3) When the state public defender provides investigation or mitigation services to private appointed counsel or to a county or joint county public defender as approved by the appointing court, other than pursuant to a contract entered into under authority of division (C)(7) of section 120.04 of the Revised Code, the state public defender shall send to the county in which the case is filed a bill itemizing the actual cost of the services provided. The county, upon receipt of an itemized bill from the state public defender pursuant to this division, shall pay one hundred per cent of the amount as set forth in the itemized bill. Upon payment of the itemized bill received pursuant to this division, the county may submit the cost of the investigation and mitigation services to the state public defender for reimbursement pursuant to section 120.33 of the Revised Code.
(4) There is
hereby created in the state treasury the county representation
fund for the deposit of moneys received from counties under this
division. All moneys credited to the fund shall be used by the
state public defender to provide legal representation for
indigent
persons when designated by the court or requested by a
county or
joint county public defender or to provide investigation or mitigation services, including investigation or mitigation services to private appointed counsel or a county or joint county public defender, as approved by the court.
(E)(1) Notwithstanding any contrary provision of sections
109.02, 109.07, 109.361 to 109.366, and 120.03 of the Revised
Code
that pertains to representation by the attorney general, an
assistant attorney general, or special counsel of an officer or
employee, as defined in section 109.36 of the Revised Code, or of
an entity of state government, the state public defender may
elect
to contract with, and to have the state pay pursuant to
division
(E)(2) of this section for the services of, private
legal counsel
to represent the Ohio public defender commission,
the state public
defender, assistant state public defenders,
other employees of the
commission or the state public defender,
and attorneys described
in division (C) of section 120.41 of the
Revised Code in a
malpractice or other civil action or proceeding
that arises from
alleged actions or omissions related to
responsibilities derived
pursuant to this chapter, or in a civil
action that is based upon
alleged violations of the constitution
or statutes of the United
States, including section 1983 of Title
42 of the United States
Code, 93 Stat. 1284 (1979), 42 U.S.C.A.
1983, as amended, and that
arises from alleged actions or
omissions related to
responsibilities derived pursuant to this
chapter, if the state
public defender determines, in good faith,
that the defendant in
the civil action or proceeding did not act
manifestly outside the
scope of the defendant's employment or official
responsibilities,
with malicious purpose, in bad faith, or in a
wanton or reckless
manner. If the state public defender elects
not to contract
pursuant to this division for private legal
counsel in a civil
action or proceeding, then, in accordance with
sections 109.02,
109.07, 109.361 to 109.366, and 120.03 of the
Revised Code, the
attorney general shall represent or provide for
the representation
of the Ohio public defender commission, the
state public defender,
assistant state public defenders, other
employees of the
commission or the state public defender, or
attorneys described in
division (C) of section 120.41 of the
Revised Code in the civil
action or proceeding.
(2)(a) Subject to division (E)(2)(b) of this section,
payment from the state treasury for the services of private legal
counsel with whom the state public defender has contracted
pursuant to division (E)(1) of this section shall be accomplished
only through the following procedure:
(i) The private legal counsel shall file with the attorney
general a copy of the contract; a request for an award of legal
fees, court costs, and expenses earned or incurred in connection
with the defense of the Ohio public defender commission, the
state
public defender, an assistant state public defender, an
employee,
or an attorney in a specified civil action or
proceeding; a
written itemization of those fees, costs, and
expenses, including
the signature of the state public defender
and the state public
defender's attestation that the fees,
costs, and expenses were
earned or incurred pursuant to division (E)(1) of this section to
the best of the state public defender's knowledge and
information;
a written statement
whether the fees, costs, and expenses are for
all legal services
to be rendered in connection with that defense,
are only for
legal services rendered to the date of the request
and additional
legal services likely will have to be provided in
connection with
that defense, or are for the final legal services
rendered in
connection with that defense; a written statement
indicating
whether the private legal counsel previously submitted
a request
for an award under division (E)(2) of this section in
connection
with that defense and, if so, the date and the amount
of each
award granted; and, if the fees, costs, and expenses are
for all
legal services to be rendered in connection with that
defense or
are for the final legal services rendered in connection
with that
defense, a certified copy of any judgment entry in the
civil
action or proceeding or a signed copy of any settlement
agreement
entered into between the parties to the civil action or
proceeding.
(ii) Upon receipt of a request for an award of legal fees,
court costs, and expenses and the requisite supportive
documentation described in division (E)(2)(a)(i) of this section,
the attorney general shall review the request and documentation;
determine whether any of the limitations specified in division
(E)(2)(b) of this section apply to the request; and, if an award
of legal fees, court costs, or expenses is permissible after
applying the limitations, prepare a document awarding legal fees,
court costs, or expenses to the private legal counsel. The
document shall name the private legal counsel as the recipient of
the award; specify the total amount of the award as determined by
the attorney general; itemize the portions of the award that
represent legal fees, court costs, and expenses; specify any
limitation applied pursuant to division (E)(2)(b) of this section
to reduce the amount of the award sought by the private legal
counsel; state that the award is payable from the state treasury
pursuant to division (E)(2)(a)(iii) of this section; and be
approved by the inclusion of the signatures of the attorney
general, the state public defender, and the private legal
counsel.
(iii) The attorney general shall forward a copy of the
document prepared pursuant to division (E)(2)(a)(ii) of this
section to the director of budget and management. The award of
legal fees,
court costs, or expenses shall be paid out of the
state public defender's
appropriations, to the extent there is a
sufficient available balance in those
appropriations. If the
state public defender does not have a sufficient
available balance
in the state public defender's appropriations to pay the
entire
award of legal fees, court costs, or expenses, the director
shall
make application for a transfer of appropriations
out of the
emergency purposes
account or any other appropriation for
emergencies or
contingencies in an amount equal to the portion of
the
award that exceeds the sufficient available balance in the
state public
defender's appropriations. A transfer of
appropriations out of
the emergency
purposes account or any other
appropriation for emergencies or contingencies shall be
authorized
if there are sufficient moneys greater than the sum
total of then
pending emergency purposes account requests, or
requests for
releases from the other appropriation. If
a transfer of
appropriations out of
the emergency purposes account or
other
appropriation for emergencies or contingencies is made to pay
an
amount equal to the portion of the
award that exceeds the
sufficient available balance in the state public
defender's
appropriations, the director shall cause the payment
to
be made
to
the private legal counsel. If sufficient moneys do not exist
in
the emergency purposes account or other appropriation for
emergencies or contingencies to pay an amount equal to the portion
of
the award that exceeds the sufficient available balance in the
state public
defender's appropriations, the private legal
counsel
shall request the general assembly to make an
appropriation
sufficient to pay an amount equal to the portion of the
award that
exceeds the sufficient available balance in the state public
defender's appropriations, and no payment in that amount shall
be
made until the appropriation has been made. The private legal
counsel shall make the request during the current biennium and
during each succeeding biennium until a sufficient appropriation
is made.
(b) An award of legal fees, court costs, and expenses
pursuant to division (E) of this section is subject to the
following limitations:
(i) The maximum award or maximum aggregate of a series of
awards of legal fees, court costs, and expenses to the private
legal counsel in connection with the defense of the Ohio public
defender commission, the state public defender, an assistant
state
public defender, an employee, or an attorney in a specified
civil
action or proceeding shall not exceed fifty thousand
dollars.
(ii) The private legal counsel shall not be awarded legal
fees, court costs, or expenses to the extent the fees, costs, or
expenses are covered by a policy of malpractice or other
insurance.
(iii) The private legal counsel shall be awarded legal
fees
and expenses only to the extent that the fees and expenses
are
reasonable in light of the legal services rendered by the
private
legal counsel in connection with the defense of the Ohio
public
defender commission, the state public defender, an
assistant state
public defender, an employee, or an attorney in a
specified civil
action or proceeding.
(c) If, pursuant to division (E)(2)(a) of this section,
the
attorney general denies a request for an award of legal fees,
court costs, or expenses to private legal counsel because of the
application of a limitation specified in division (E)(2)(b) of
this section, the attorney general shall notify the private
legal
counsel in writing of the denial and of the limitation applied.
(d) If, pursuant to division (E)(2)(c) of this section, a
private legal counsel receives a denial of an award notification
or if a private legal counsel refuses to approve a document under
division (E)(2)(a)(ii) of this section because of the proposed
application of a limitation specified in division (E)(2)(b) of
this section, the private legal counsel may commence a civil
action against the attorney general in the court of claims to
prove the private legal counsel's entitlement to the award
sought,
to prove that division
(E)(2)(b) of this section does not prohibit
or otherwise limit
the award sought, and to recover a judgment for
the amount of the
award sought. A civil action under division
(E)(2)(d) of this
section shall be commenced no later than two
years after receipt
of a denial of award notification or, if the
private legal
counsel refused to approve a document under division
(E)(2)(a)(ii) of this section because of the proposed application
of a limitation specified in division (E)(2)(b) of this section,
no later than two years after the refusal. Any judgment of the
court of claims in favor of the private legal counsel shall be
paid from the state treasury in accordance with division
(E)(2)(a)
of this section.
(F) If a court appoints the office of
the state public
defender to represent a petitioner in a
postconviction relief
proceeding under section 2953.21 of the
Revised Code, the
petitioner has
received a sentence of death, and the proceeding
relates to that
sentence, all of the attorneys who represent the
petitioner in
the proceeding pursuant to the appointment, whether
an assistant
state public defender, the state public defender, or
another
attorney, shall be certified under Rule
20 of the Rules
of
Superintendence for
the Courts
of Ohio to
represent indigent
defendants charged with or convicted of an
offense for
which the
death penalty can be or has been imposed.
(G) As used in this section:
(1) "Community control sanction" has the same meaning as in
section 2929.01 of the Revised Code.
(2) "Post-release control sanction" has the same meaning as
in section 2967.01 of the Revised Code.
Sec. 120.07. There is hereby created in the state treasury the civil case filing fee fund to receive all funds deposited in the fund pursuant to sections 1901.26, 1907.24, and 2303.201 of the Revised Code. All money credited to the fund shall be used by the state public defender for the purpose of appointing assistant state public defenders and for providing other personnel, equipment, and facilities necessary for the operation of the state public defender office.
Sec. 120.13. (A) The county commissioners in any county
may establish a county public defender commission. The
commission shall have five members, three of whom shall be
appointed by the board of county commissioners, and two by the
judge, or the presiding judge if there is one, of the court of
common pleas of the county. At least one member appointed by
each of these appointing bodies shall be an attorney admitted to
the practice of law in this state.
(B) The board of county commissioners shall select a
specific day for the county public defender commission to be
established and on which all members' appointments shall take
effect, and shall notify the Ohio public defender commission of
the date.
(C) Of the initial appointments made to the county public
defender commission, two appointments by the county commissioners
and one appointment by the court shall be for a term of two years
ending two years after the date the commission is established,
and one appointment by each of the appointing bodies shall be for
a term ending four years after the date the commission is
established. Thereafter, terms of office shall be for four
years, each term ending on the same day of the same month of the
year as did the term which it succeeds. Each member shall hold
office from the date of his appointment until the end of the term
for which he the member was appointed. Any member appointed to
fill a
vacancy occurring prior to the expiration of the term for which
his the member's predecessor was appointed shall hold office for
the remainder
of such term. Any member shall continue in office subsequent to
the expiration date of his the member's term until his
a successor takes office,
or until a period of sixty days has elapsed, whichever occurs
first.
(D) The members of the commission shall choose as chairman
chairperson
one of the commission members, who shall serve as chairman
chairperson for
two years. Meetings shall be held at least quarterly and at such
other times as called by the chairman chairperson or by request
of the county
public defender. Members of the commission may receive an amount
fixed by the county commissioners, but not in excess of the
amounts set for the members of the Ohio public defender
commission pursuant to section 124.14 of the Revised Code per
diem for every meeting of the board they attend, and necessary
expenses including mileage for each mile necessarily traveled.
(E) The county commissioners may terminate the county
public defender commission at any time if at least ninety days
prior to termination, the commissioners notify the Ohio public
defender commission in writing of the termination date. Upon the
termination date all pending county public defender matters shall
be transferred to the state public defender, a joint county
public defender, or appointed counsel.
(F) Fifty per cent of the The cost of representation in all
matters assumed by the state public defender shall be charged to
the counties in accordance with division (D) of section 120.06 of
the Revised Code.
Sec. 120.23. (A) The boards of county commissioners in
two or more adjoining or neighboring counties may form themselves
into a joint board and proceed to organize a district for the
establishment of a joint county public defender commission. The
commission shall have three members from each county, who shall
be appointed by the board of county commissioners of the county.
(B) The boards shall agree on a specific date for the
joint county public defender commission to be established, on
which date the appointments of all members shall take effect.
The joint board shall notify the Ohio public defender commission
of the date.
(C) Of the initial appointments made by each county to the
joint county public defender commission, one appointment shall be
for a term of one year ending one year after the date the
commission is established, one appointment shall be for a term of
two years ending two years after the date the commission is
established, and one appointment shall be for a period of three
years, ending three years after the date the commission is
established. Thereafter, terms of office shall be for three
years, each term ending on the same day of the same month of the
year as did the term which it succeeds. Each member shall hold
office from the date of his appointment until the end of the term
for which he the member was appointed. Any member appointed to
fill a
vacancy occurring prior to the expiration of the term for which
his the member's predecessor was appointed shall hold office for
the remainder
of the term. Any member shall continue in office subsequent to
the expiration date of his the member's term until his
a successor takes office,
or until a period of sixty days has elapsed, whichever occurs
first.
(D) The members of the commission shall choose as chairman
chairperson
one of the commission members, who shall serve as chairman
chairperson for
two years. Meetings shall be held at least quarterly and at such
other times as called by the chairman chairperson or by request
of the joint
county public defender. Members of the commission may receive an
amount fixed by the agreement of the boards of commissioners of
the counties in the district, but not in excess of the amount set
for the members of the Ohio public defender commission pursuant
to section 124.14 of the Revised Code per diem for every meeting
of the commission they attend, and necessary expenses including
mileage for each mile necessarily traveled.
(E) The agreement of the boards of county commissioners
establishing the joint county public defender commission shall
provide for the allocation of the proportion of expenses to be
paid by each county, which may be based upon population, number
of cases, or such other factors as the commissioners determine to
be appropriate. The county commissioners may amend their
agreement from time to time to provide for a different allocation
of the proportion of expenses to be paid by each county.
(F) The county auditor of the county, with the greatest
population is hereby designated as the fiscal officer of a joint
county public defender district organized under this section.
The county auditors of the several counties composing the joint
county public defender commission district shall meet at the
commission office not less than once in each six months, to
adjust accounts and to transact such other duties in connection
with the commission as pertain to the business of their office.
(G) Each member of the board of county commissioners who
meets by appointment to consider the organization of a joint
county public defender commission shall, upon presentation of
properly certified accounts, be paid his the member's necessary
expenses upon
a warrant drawn by the county auditor of his the member's
county.
(H) The board of county commissioners of any county within
a joint county public defender commission district may withdraw
from the district. Such withdrawal shall not be effective until
at least ninety days after the board has notified the Ohio public
defender commission, the joint county public defender commission
of the district, and each board of county commissioners in the
district, in writing of the termination date. The failure of a
board of county commissioners to approve an annual operating
budget for the office of the joint county public defender as
provided in division (C)(1) of section 120.24 of the Revised Code
constitutes a notice of withdrawal by the county from the
district, effective on the ninetieth day after commencement of
the next fiscal year. Upon the termination date, all joint
county public defender matters relating to the withdrawing county
shall be transferred to the state public defender, a county
public defender, or appointed counsel.
(I) Fifty per cent of the The cost of representation in all
matters assumed by the state public defender shall be charged to
the counties in accordance with division (D) of section 120.06 of
the Revised Code.
Members of the joint county public defender commission who
are residents of a county withdrawing from such district are
deemed to have resigned their positions upon the completion of
the withdrawal procedure provided by this section. Vacancies
thus created shall not be filled.
If two or more counties remain within the district after
the withdrawal, the boards of county commissioners of the
remaining adjoining or neighboring counties may agree to continue
the operation of the joint county public defender commission and
to reallocate the proportionate share of expenses to be paid by
each participating county.
Sec. 120.36. (A) If a person who is a defendant in a criminal case or a party in a case in juvenile court requests or is provided a state public defender, a county or joint county public defender, or any other counsel appointed by the court, the court in which the criminal case is initially filed or the juvenile court, whichever is applicable, shall assess, unless the application fee is waived or reduced, a non-refundable application fee of twenty-five dollars.
The court shall direct the person to pay the application fee to the clerk of court. The person shall pay the application fee at the time the person files an affidavit of indigency or a financial disclosure form with the court or within seven days of that date. If the person does not pay the application fee within that seven-day period, the court shall assess the application fee at sentencing or at the final disposition of the case.
If a case involving a felony that was initially filed in a municipal court or a county court is bound over to the court of common pleas and the defendant in the case failed to pay the application fee in the municipal court or county court, the court of common pleas shall assess the application fee at the initial appearance of the defendant in the court of common pleas. If a case involving an alleged delinquent child is transferred to the court of common pleas for prosecution of the involved child as an adult and if the involved child failed to pay the fee in the juvenile court, the court of common pleas shall assess the application fee at the initial appearance of the child in the court of common pleas.
The court shall assess an application fee pursuant to this section one time per case. An appeal shall not be considered a separate case for the purpose of assessing the application fee. The court may waive or reduce the fee upon a finding that the person lacks financial resources that are sufficient to pay the fee or that payment of the fee would result in an undue hardship.
(B) No court, state public defender, county or joint county public defender, or other counsel appointed by the court shall deny a person the assistance of counsel solely due to the person's failure to pay the application fee assessed pursuant to division (A) of this section. A person's present inability, failure, or refusal to pay the application fee shall not disqualify that person from legal representation.
(C) The application fee assessed pursuant to division (A) of this section is separate from and in addition to any other amount assessed against a person who is found to be able to contribute toward the cost of the person's legal representation pursuant to division (D) of section 2941.51 of the Revised Code.
(D) The clerk of the court that assessed the fees shall forward all application fees collected pursuant to this section to the county treasurer for deposit in the county treasury. The county shall retain eighty per cent of the application fees so collected to offset the costs of providing legal representation to indigent persons. Each month, the county auditor shall remit twenty per cent of the application fees so collected to the state public defender. The state public defender shall deposit the remitted fees into the state treasury to the credit of the client payment fund created pursuant to division (B)(5) of section 120.04 of the Revised Code. The state public defender may use that money in accordance with that section.
(E) On or before the first day of March of each year beginning in the year 2007, each clerk of court shall provide to the state public defender and the state auditor a report including all of the following:
(1) The number of persons in the previous calendar year who requested or were provided a state public defender, county or joint county public defender, or other counsel appointed by the court;
(2) The number of persons in the previous calendar year for whom the court waived the application fee pursuant to division (A) of this section;
(3) The dollar value of the assessed application fees pursuant to division (A) of this section in the previous calendar year;
(4) The amount of assessed application fees collected in the previous calendar year;
(5) The balance of unpaid assessed application fees at the open and close of the previous calendar year.
(F) As used in this section:
(1) "Clerk of court" means the clerk of the court of common pleas of the county, the clerk of the juvenile court of the county, the clerk of a municipal court in the county, the clerk of a county-operated municipal court, or the clerk of a county court in the county, whichever is applicable.
(2) "County-operated municipal court" has the same meaning as in section 1901.03 of the Revised Code.
Sec. 120.52. There is hereby established in the state
treasury the legal aid fund, which shall be for the charitable
public purpose of providing financial assistance to legal aid
societies that provide civil legal services to indigents. The
fund shall contain all funds credited to it by the treasurer of
state pursuant to sections 1901.26, 1907.24, 2303.201, 3953.231, 4705.09
and 4705.10 of the Revised Code and income from investment credited
to it by the treasurer of state in accordance with this section.
The treasurer of state may invest moneys contained in the
legal aid fund in any manner authorized by the Revised Code for
the investment of state moneys. However, no such investment
shall interfere with any apportionment, allocation, or payment of
moneys in January and July of each calendar year, as required by
section 120.53 of the Revised Code. All income earned as a
result of any such investment shall be credited to the fund.
The state public defender, through the Ohio legal
assistance foundation, shall administer the payment of moneys out
of the fund. Four and one-half per cent of the moneys in the
fund shall be reserved for the actual, reasonable costs of
administering sections 120.51 to 120.55 and sections 1901.26, 1907.24, 2303.201, 3953.231, 4705.09, and
4705.10 of the Revised Code. Moneys that are reserved for
administrative costs but that are not used for actual, reasonable
administrative costs shall be set aside for use in the manner
described in division (A) of section
120.521 of the Revised Code. The remainder of the moneys in the legal aid fund
shall be
distributed in accordance with section 120.53 of the Revised
Code. The Ohio legal assistance foundation shall establish, in accordance with Chapter 119. of the Revised Code, rules
governing the administration of the legal aid fund, including theprogram programs established under sections 1901.26, 1907.24, 2303.201, 4705.09, and 4705.10 of the
Revised Code regarding interest on interest-bearing trust accounts of an
attorney, law firm, or legal professional association.
Sec. 120.53. (A) A legal aid society that operates within
the state may apply to the Ohio legal assistance foundation for
financial assistance from the legal aid fund established by
section 120.52 of the Revised Code to be used for the funding of
the society during the calendar year following the calendar year
in which application is made.
(B) An application for financial assistance made under
division (A) of this section shall be submitted by the first day
of November of the calendar year preceding the calendar year for
which financial assistance is desired and shall include all of
the following:
(1) Evidence that the applicant is incorporated in this
state as a nonprofit corporation;
(2) A list of the trustees of the applicant;
(3) The proposed budget of the applicant for these funds
for the following calendar year;
(4) A summary of the services to be offered by the
applicant in the following calendar year;
(5) A specific description of the territory or
constituency served by the applicant;
(6) An estimate of the number of persons to be served by
the applicant during the following calendar year;
(7) A general description of the additional sources of the
applicant's funding;
(8) The amount of the applicant's total budget for the
calendar year in which the application is filed that it will
expend in that calendar year for legal services in each of the
counties it serves;
(9) A specific description of any services, programs,
training, and legal technical assistance to be delivered by the
applicant or by another person pursuant to a contract with the
applicant, including, but not limited to, by private attorneys or
through reduced fee plans, judicare panels, organized pro bono
programs, and mediation programs.
(C) The Ohio legal assistance foundation shall determine
whether each applicant that filed an application for financial
assistance under division (A) of this section in a calendar year
is eligible for financial assistance under this section. To be
eligible for such financial assistance, an applicant shall
satisfy the criteria for being a legal aid society and shall be in compliance
with the provisions of sections 120.51 to 120.55 of the Revised Code and with
the rules and requirements the foundation establishes pursuant to section
120.52 of the Revised Code. The Ohio legal assistance foundation then, on or
before the fifteenth day
of December of the calendar year in which the application is
filed, shall notify each such applicant, in writing, whether it
is eligible for financial assistance under this section, and if
it is eligible, estimate the amount that will be available for
that applicant for each six-month distribution period, as
determined under division (D) of this section.
(D) The Ohio legal assistance foundation shall allocate
moneys contained in the legal aid fund twice each year for
distribution to applicants that filed their applications in the
previous calendar year and were determined to be eligible
applicants.
All moneys contained in the fund on the first day of
January of a calendar year shall be allocated, after deduction of
the costs of administering sections 120.51 to 120.55 and sections
1901.26, 1907.24, 2303.201, 3953.231, 4705.09, and 4705.10 of the Revised Code that are authorized by
section 120.52 of the Revised Code, according to this section and
shall be distributed accordingly on the thirty-first day of
January of that calendar year, and all moneys contained in the
fund on the first day of July of that calendar year shall be
allocated, after deduction of the costs of administering those
sections that are authorized by section 120.52 of the Revised
Code, according to this section and shall be distributed
accordingly on the thirty-first day of July of that calendar
year. In making the allocations under this section, the moneys in the fund
that were generated pursuant to sections 1901.26, 1907.24, 2303.201, 3953.231,
4705.09, and 4705.10 of the Revised Code and all income generated
from the investment of such moneys shall be apportioned as
follows:
(1) After deduction of the amount authorized and used for
actual, reasonable administrative costs under section 120.52 of
the Revised Code:
(a) Five per cent of the moneys remaining in the fund,
plus any moneys reserved for administrative costs under that
section that are not used for actual, reasonable administrative
costs, shall be reserved for use in the manner described in division (A) of section 120.521 of the Revised Code or for distribution to legal aid societies
that provide assistance to special population groups of their
eligible clients, engage in special projects that have a
substantial impact on their local service area or on significant
segments of the state's poverty population, or provide legal
training or support to other legal aid societies in the state;
(b) After deduction of the amount described in division
(D)(1)(a) of this section, one and three-quarters per cent of the
moneys remaining in the fund shall be apportioned among entities
that received financial assistance from the legal aid fund prior
to the effective date of this amendment but that, on and after
the effective date of this amendment, no longer qualify as a
legal aid society that is eligible for financial assistance under
this section.
(c) After deduction of the amounts described in divisions (D)(1)(a) and (b) of this section, fifteen per cent of the moneys remaining in the fund shall be placed in the legal assistance foundation fund for use in the manner described in division (A) of section 120.521 of the Revised Code.
(2) After deduction of the actual, reasonable
administrative costs under section 120.52 of the Revised Code and
after deduction of the amounts identified in division divisions (D)(1)(a)
and, (b), and (c) of this section, the remaining moneys shall be
apportioned among the counties that are served by eligible legal
aid societies that have applied for financial assistance under
this section so that each such county is apportioned a portion of
those moneys, based upon the ratio of the number of indigents who
reside in that county to the total number of indigents who reside
in all counties of this state that are served by eligible legal
aid societies that have applied for financial assistance under
this section. Subject to division (E) of this section, the
moneys apportioned to a county under this division then shall be
allocated to the eligible legal aid society that serves the
county and that has applied for financial assistance under this
section. For purposes of this division, the source of data
identifying the number of indigent persons who reside in a county
shall be the most recent decennial census figures from the United
States department of commerce, division of census.
(E) If the Ohio legal assistance foundation, in attempting
to make an allocation of moneys under division (D)(2) of this
section, determines that a county that has been apportioned money
under that division is served by more than one eligible legal aid
society that has applied for financial assistance under this
section, the Ohio legal assistance foundation shall allocate the
moneys that have been apportioned to that county under division
(D)(2) of this section among all eligible legal aid societies
that serve that county and that have applied for financial
assistance under this section on a pro rata basis, so that each
such eligible society is allocated a portion based upon the
amount of its total budget expended in the prior calendar year
for legal services in that county as compared to the total amount
expended in the prior calendar year for legal services in that
county by all eligible legal aid societies that serve that county
and that have applied for financial assistance under this
section.
(F) Moneys allocated to eligible applicants under this
section shall be paid twice annually, on the thirty-first day of
January and on the thirty-first day of July of the calendar year
following the calendar year in which the application is filed.
(G)(1) A legal aid society that receives financial
assistance in any calendar year under this section shall file an
annual report with the Ohio legal assistance foundation detailing
the number and types of cases handled, and the amount and types
of legal training, legal technical assistance, and other service
provided, by means of that financial assistance. No information
contained in the report shall identify or enable the
identification of any person served by the legal aid society or
in any way breach client confidentiality.
(2) The Ohio legal assistance foundation shall make an
annual report to the governor, the general assembly, and the
supreme court on the distribution and use of the legal aid fund. The
foundation also shall include in the annual report an audited financial
statement of all gifts, bequests, donations, contributions, and other moneys
the foundation receives. No information contained in the report shall
identify or enable
the identification of any person served by a legal aid society,
or in any way breach confidentiality.
(H) A legal aid society may enter into agreements for the
provision of services, programs, training, or legal technical
assistance for the legal aid society or to indigent persons.
Sec. 121.37. (A)(1) There is hereby created the Ohio family
and children first cabinet council. The council shall be
composed
of the superintendent of public instruction and the
directors of
youth services, job and family services,
mental health,
health,
alcohol and drug addiction services, mental retardation
and
developmental disabilities, and budget and management. The
chairperson of the council shall be the governor or the
governor's
designee and shall establish procedures for the council's
internal
control and management.
(2) The purpose of the cabinet council is to help families
seeking government services. This section shall not be
interpreted or applied to usurp the role of parents, but solely
to
streamline and coordinate existing government services for
families seeking assistance for their children.
In seeking to fulfill its purpose, the council may do any
of
the following:
(a) Advise and make recommendations to the governor and
general assembly regarding the provision of services to children;
(b) Advise and assess local governments on the
coordination
of service delivery to children;
(c) Hold meetings at such times and places as may be
prescribed by the council's procedures and maintain records of
the
meetings, except that records identifying
individual children are
confidential and shall be disclosed
only as provided by law;
(d) Develop programs and projects, including pilot
projects,
to encourage coordinated efforts at the state and local
level to
improve the state's social service delivery
system;
(e) Enter into contracts with and administer grants to
county family and children first councils, as well as
other county
or
multicounty organizations to plan and coordinate service
delivery
between state agencies and local service providers for
families
and children;
(f) Enter into contracts with and apply for grants from
federal agencies or private organizations;
(g) Enter into interagency agreements
to encourage
coordinated efforts at the state and local level to improve the
state's social service delivery system. The agreements may
include provisions
regarding the receipt, transfer, and
expenditure of funds;
(h) Identify public and private funding sources for services
provided to alleged or adjudicated unruly children and children
who are at risk of being alleged or adjudicated unruly children,
including regulations governing access to and use of the services;
(i) Collect information provided by local communities
regarding successful programs for prevention, intervention, and
treatment of unruly behavior, including evaluations of the
programs;
(j) Identify and disseminate publications regarding alleged
or adjudicated unruly children and children who are at risk of
being alleged or adjudicated unruly children and regarding
programs serving those types of children;
(k) Maintain an inventory of strategic planning facilitators
for use by government or nonprofit entities that serve alleged or
adjudicated unruly children or children who are at risk of being
alleged or adjudicated unruly children.
(3) The cabinet council shall provide for
the following:
(a) Reviews of service and treatment
plans for children for
which such reviews are requested;
(b) Assistance as the council
determines to be
necessary to
meet the needs of children referred by
county family
and children
first councils;
(c) Monitoring and supervision
of a
statewide,
comprehensive, coordinated, multi-disciplinary,
interagency system
for infants and toddlers with developmental
disabilities or delays
and their families, as established
pursuant to federal grants
received and administered by the
department of health for early
intervention services under the
"Education of the Handicapped Act
Amendments of 1986," 100 Stat. 1145 (1986), 20 U.S.C.A. 1471 Individuals with Disabilities Education Act of 2004," 20 U.S.C.A. 1400, as
amended.
(B)(1) Each board of county commissioners shall
establish a
county family and children
first council. The board may invite
any local public
or private agency or
group that funds, advocates,
or provides services to children and families to
have a
representative become a permanent or temporary member of its
county
council. Each county council must
include the following
individuals:
(a) At least three individuals who are not employed by an agency represented on the council and whose families are or have
received
services from an agency represented on the council or
another county's
council. Where possible, the number of members
representing families shall be
equal to twenty per cent of the
council's membership.
(b) The director of the board of
alcohol, drug addiction,
and mental health services that serves
the county, or, in the case
of a county that has a board of
alcohol and drug addiction
services and a community mental
health board, the directors of
both boards. If a board of alcohol, drug
addiction, and mental
health services covers more than one county, the director may
designate a
person to participate on the county's council.
(c) The health commissioner, or the commissioner's
designee,
of the
board of health of each city and general health district in
the
county. If the county has two or more health districts, the
health commissioner membership may be limited to the commissioners
of the two
districts with the largest populations.
(d) The director of the county department of job and
family
services;
(e) The executive director of the
county agency responsible
for the administration of public children
services pursuant to section
5153.15 of the
Revised Code agency;
(f) The superintendent of the
county board of mental
retardation and developmental disabilities;
(g) The county's juvenile court judge senior in service
or
another judge of the juvenile court designated by the
administrative
judge or, where there is no administrative judge,
by the judge senior in
service;
(h) The superintendent of the city, exempted
village, or
local school district with the largest number of
pupils residing
in the county, as determined by the department
of education, which
shall notify each board of county
commissioners of its
determination at least biennially;
(i) A school superintendent representing all
other school
districts with territory in the county, as
designated at a
biennial meeting of the superintendents of those
districts;
(j) A representative of the
municipal corporation with the
largest population in the
county;
(k) The president of the board of county
commissioners, or
an individual designated by the board;
(l) A representative of the regional office of the
department of
youth services;
(m) A representative of the
county's head start agencies, as
defined in section 3301.31 3301.32 of
the Revised Code;
(n) A representative of the county's early
intervention
collaborative established pursuant to the federal
early
intervention program operated under the
"Education of the
Handicapped Act
Amendments of 1986";
(o) A representative of a local nonprofit entity
that funds,
advocates, or provides services to children and families.
Notwithstanding any other provision of law, the public
members of a county
council are not
prohibited from serving on the
council and making decisions
regarding the duties of the council,
including those involving the funding
of joint projects and those
outlined in the county's service
coordination mechanism
implemented pursuant to
division (C) of this section.
The cabinet council shall establish a state appeals process
to resolve
disputes among the members of a county council
concerning whether reasonable
responsibilities as members are
being shared. The appeals process may be
accessed only by a
majority vote of the council members who are required to
serve on
the council. Upon appeal, the cabinet council may order that
state
funds for services to children and families be redirected to
a county's board
of county commissioners.
(2) A The purpose of the county council is to streamline and coordinate existing government services for families seeking services for their children. In seeking to fulfill its purpose, a county council shall provide for the following:
(a) Referrals to the cabinet council of those
children for
whom the
county council cannot provide adequate services;
(b) Development and implementation of a process that
annually evaluates and
prioritizes services,
fills service gaps
where possible, and invents new approaches
to achieve better
results for families and children;
(c) Participation in the development
of a countywide,
comprehensive, coordinated,
multi-disciplinary, interagency system
for infants and toddlers
with developmental disabilities or delays
and their families, as
established pursuant to federal grants
received and administered
by the department of health for early
intervention services
under the "Education of the
Handicapped Act
Amendments of 1986";
(d) Maintenance of an accountability
system to
monitor the
county council's progress in achieving
results for families and
children;
(e) Establishment of a mechanism to
ensure ongoing
input
from a broad representation of families who are receiving
services
within the county system.
(3)(a) Except as provided in division (B)(3)(b)
of this
section, a county council shall comply with the
policies,
procedures, and activities prescribed by the rules or
interagency
agreements of a state department participating on
the cabinet
council whenever the county
council
performs a function subject to
those rules or agreements.
(b) On application of a county council, the
cabinet council
may grant an exemption from any rules or
interagency agreements of
a state department participating on
the council if an exemption is
necessary for the council to
implement an alternative program or
approach for
service delivery to families and
children. The
application shall describe the proposed program
or approach and
specify the rules or interagency agreements from which
an
exemption is necessary. The cabinet council shall approve or
disapprove the application in accordance with standards and
procedures it shall adopt. If an application is approved, the
exemption is effective only while the program
or approach is being
implemented, including a
reasonable period during which the
program or approach is being evaluated for effectiveness.
(4)(a) Each county council shall designate an
administrative
agent for the council from among the following public entities:
the board of alcohol, drug addiction, and mental health services,
including a
board of alcohol and drug addiction or a community
mental health board if the
county is served by separate boards;
the board of county commissioners; any
board of health of the
county's city and general health districts; the county
department
of job and family services; the county agency
responsible for the
administration of children services pursuant to section 5153.15 of
the Revised
Code; the
county board of mental retardation and
developmental disabilities; any of the
county's boards of
education or governing boards of educational service
centers; or
the county's juvenile court. Any of the foregoing public
entities, other than the board of county commissioners, may
decline to serve
as the council's administrative agent.
A county council's administrative agent shall serve as the
council's
appointing authority for any employees of the council.
The council
shall file an annual budget with its
administrative
agent, with copies filed with the county auditor and with the
board of county commissioners, unless the board is serving as the
council's
administrative agent. The council's administrative
agent shall ensure that
all expenditures are handled in accordance
with policies, procedures, and
activities prescribed by state
departments in rules or interagency agreements
that are applicable
to the council's functions.
The administrative agent for a county council may do any of
the following
on behalf of the council:
(i) Enter into agreements or administer contracts with
public or
private entities to fulfill specific council business.
Such agreements and
contracts are exempt from the competitive
bidding requirements of section
307.86 of the Revised
Code if they
have been approved by the county
council and they are for the
purchase of family and child welfare or child
protection services
or other social or job and family
services for families and
children. The approval of the county council is not
required to
exempt agreements or contracts entered into under section 5139.34,
5139.41, or 5139.43 of the Revised
Code from the competitive
bidding requirements
of section 307.86 of the Revised Code.
(ii) As determined by the council, provide financial
stipends,
reimbursements, or both, to family representatives for
expenses related to
council activity;
(iii) Receive by gift, grant, devise, or bequest any
moneys,
lands,
or other property for the purposes for which the council is
established. The
agent shall hold, apply, and dispose of the
moneys, lands, or other property
according to the terms of the
gift, grant, devise, or bequest. Any interest
or earnings shall
be treated in the same manner and are subject to the same
terms as
the gift, grant, devise, or bequest from which it accrues.
(b)(i) If the county council designates the board of county
commissioners as its administrative agent, the board may, by
resolution,
delegate any of its powers and duties as
administrative agent to an executive
committee the board
establishes from the membership of the county council.
The board
shall name to the executive committee at least the individuals
described in divisions (B)(1)(b) through
(h)(a) to (i) of this section and
may appoint the president of the board or
another individual as
the chair of the executive committee. The executive committee must include at least one family county council representative who does not have a family member employed by an agency represented on the council.
(ii) The executive committee may, with the approval of the
board,
hire an executive director to assist the county council in
administering its
powers and duties. The executive director shall
serve in the unclassified
civil service at the pleasure of the
executive committee. The executive
director may, with the
approval of the executive committee, hire other
employees as
necessary to properly conduct the county council's business.
(iii) The board may require the executive committee to
submit an
annual budget to the board for approval and may amend or
repeal the resolution
that delegated to the executive committee
its authority as the county
council's administrative agent.
(5) Two or more county councils may enter into an
agreement
to administer their county councils jointly by
creating a regional
family and children first council. A regional council
possesses
the same duties and authority
possessed by a county council,
except that the duties and
authority apply regionally rather than
to individual counties. Prior to
entering into an agreement to
create a regional
council, the members of each county council to
be part of the
regional council shall meet to determine whether
all or part of
the members of each county council will serve as
members of the
regional council.
(6) A board of county commissioners may approve a resolution
by a majority
vote
of the board's members that requires the county
council to submit a statement to the board each time
the council
proposes to enter into an agreement, adopt a
plan, or make a
decision,
other than a decision pursuant to section 121.38 of the
Revised Code, that
requires the
expenditure of funds for two or
more families. The
statement shall describe the proposed
agreement, plan, or decision.
Not later than fifteen days after the board receives the
statement, it
shall, by resolution approved by a majority of its
members, approve or
disapprove the agreement, plan, or decision.
Failure of the board to pass a
resolution during that time period
shall be considered approval of the
agreement, plan, or decision.
An agreement, plan, or decision for which a statement is
required to be
submitted to the board shall be implemented only if
it is approved
by the board.
(C) Each county shall develop a
county service coordination
mechanism. The county service coordination mechanism shall serve as the guiding document for coordination of services in the county. For children who also receive services under the help me grow program, the service coordination mechanism shall be consistent with rules adopted by the department of health under section 3701.61 of the Revised Code. All family service coordination plans shall be developed in accordance with the county service coordination mechanism. The
mechanism shall be developed
and approved with the
participation of the county
entities representing child welfare;
mental
retardation and developmental disabilities; alcohol, drug
addiction, and mental health services; health; juvenile judges;
education; the county family and children first council; and the
county
early
intervention collaborative established pursuant to
the
federal early
intervention program operated under the
"Education of the
Handicapped Act Amendments of 1986." The county
shall
establish an implementation schedule for the mechanism. The
cabinet council
may monitor the implementation and administration
of each county's service
coordination mechanism.
Each mechanism shall include all of
the
following:
(1) A procedure for assessing the needs of any child,
including a child who is an abused, neglected, dependent, unruly,
or delinquent child and under the jurisdiction of the juvenile
court or a child whose parent or custodian is voluntarily seeking
services an agency, including a juvenile court, or a family voluntarily seeking service coordination, to refer the child and family to the county council for service coordination in accordance with the county service coordination mechanism;
(2) A procedure ensuring that a family and all appropriate staff from involved agencies, including a representative from the appropriate school district, are notified of and invited to participate in all family service coordination plan meetings;
(3) A procedure that permits a family to initiate a meeting to develop or review the family's service coordination plan and allows the family to invite a family advocate, mentor, or support person of the family's choice to participate in any such meeting;
(4) A procedure for ensuring that a family service coordination plan meeting is conducted before a non-emergency out-of-home placement for all multi-need children, or within ten days of a placement for emergency placements of multi-need children. The family service coordination plan shall outline how the county council members will jointly pay for services, where applicable, and provide services in the least restrictive environment.
(5) A procedure for monitoring the progress and tracking the outcomes of each service coordination plan requested in the county including monitoring and tracking children in out-of-home placements to assure continued progress, appropriateness of placement, and continuity of care after discharge from placement with appropriate arrangements for housing, treatment, and education.
(6) A procedure for protecting the confidentiality of all personal family information disclosed during service coordination meetings or contained in the comprehensive family service coordination plan.
(7) A procedure for assessing the service needs and strengths of the
family of any child or family that has been referred to the council for service coordination, including a child who is an abused,
neglected, dependent, unruly, or delinquent child and under the
jurisdiction of the juvenile court or a child whose parent or
custodian is voluntarily seeking services, and for ensuring that parents and custodians are afforded the opportunity to participate;
(3)(8) A procedure for development of a comprehensive joint family
service coordination plan
described in division
(D) of this section;
(4)(9) A local dispute resolution
process to serve as the
process that must be used first to resolve
disputes among the
agencies represented on the county council concerning the
provision of
services
to children,
including children who are
abused, neglected, dependent, unruly,
alleged unruly, or
delinquent children and under the jurisdiction of the juvenile
court and children whose parents or custodians are
voluntarily
seeking services. The local dispute resolution
process shall
comply
with section
121.38 of the Revised Code. The The local dispute resolution process shall be used to resolve disputes between a child's parents or custodians and the county council regarding service coordination. The county council shall inform the parents or custodians of their right to use the dispute resolution process. Parents or custodians shall use existing local agency grievance procedures to address disputes not involving service coordination. The dispute resolution process is in addition to and does not replace other rights or procedures that parents or custodians may have under other sections of the Revised Code.
The
cabinet
council shall adopt rules in
accordance with Chapter 119.
of the
Revised Code establishing an
administrative
review process
to
address problems that arise concerning the operation of a
local
dispute resolution process.
Nothing in division (C)(4) of this section shall be interpreted as overriding or affecting decisions of a juvenile court regarding an out-of-home placement, long-term placement, or emergency out-of-home placement.
(D)
Each county shall develop a comprehensive joint family service coordination
plan
that does both all of the following:
(1) Designates service responsibilities among the various
state and local
agencies that provide services to children and
their families, including
children who are abused, neglected,
dependent, unruly, or delinquent children
and under the
jurisdiction of the juvenile court and children whose parents or
custodians are voluntarily seeking services;
(2) Designates an individual, approved by the family, to track the progress of the family service coordination plan, schedule reviews as necessary, and facilitate the family service coordination plan meeting process;
(3) Ensures that assistance and services to be provided are responsive to the strengths and needs of the family, as well as the family's culture, race, and ethnic group, by allowing the family to offer information and suggestions and participate in decisions. Identified assistance and services shall be provided in the least restrictive environment possible.
(4) Includes a service coordination process for dealing with
a child
who is alleged to be an unruly child. The service
coordination process shall include methods to
divert the child
from the juvenile court system;
(5) Includes timelines for completion of goals specified in the plan with regular reviews scheduled to monitor progress toward those goals;
(6) Includes a plan for dealing with short-term crisis situations and safety concerns.
(E)(1) The service coordination process provided for
under
division
(D)(2)(4) of this section may include, but is not limited
to, the following:
(a) An assessment of the needs and strengths of the child
and the child's
family and the services the child and the child's
family need;
(b) Designation of the person or agency to conduct the
assessment of the child and the child's family as described in
division
(E)(1)(a)(C)(7) of this section and designation of
the
instrument or instruments to be used to conduct the assessment;
(c) Designation of the agency to provide case management
services to the child and to the child's family;
(d)(b) An emphasis on the personal responsibilities of the
child and the parental responsibilities of the parents, guardian,
or custodian
of the child;
(e)(c) Involvement of local law enforcement agencies and
officials.
(2) The method to divert a child from the juvenile court
system that must be included in the service coordination process
may include, but
is not limited
to, the following:
(a) The preparation of a complaint under section 2151.27 of
the Revised Code
alleging that the child is an unruly child and
notifying the child and
the parents, guardian, or custodian that
the complaint has
been prepared to encourage the child and the
parents, guardian, or
custodian to comply with other methods to
divert the
child from the juvenile court system;
(b) Conducting a meeting with the child, the parents,
guardian, or custodian, and other interested parties to
determine
the appropriate methods to divert the child from the juvenile
court system;
(c) A method for dealing with short-term crisis situations
involving a confrontation between the child and the parents,
guardian,
or custodian;
(d) A method to provide to the child and the
child's family
a short-term respite from a short-term crisis situation
involving
a confrontation between the child and the parents, guardian,
or
custodian;
(e)(d) A program to provide a mentor to the child or the
parents, guardian, or custodian;
(f)(e) A program to provide parenting education to the parents,
guardian, or custodian;
(g)(f) An alternative school program for children who are
truant from school, repeatedly disruptive in school, or suspended
or expelled
from school;
(h)(g) Other appropriate measures, including, but not limited
to,
any alternative methods to divert a child from the juvenile
court
system that are identified by the Ohio family and children
first cabinet council.
(F) Each county may review and revise the service
coordination process described in division (D)(2) of this section
based on the availability of funds under Title IV-A of the "Social
Security Act," 110 Stat. 2113 (1996), 42 U.S.C.A. 601, as amended,
or to the extent resources are available from any other federal,
state, or local funds.
Sec. 121.373. There is hereby created in the state treasury the family and children first administration fund. The fund shall consist of money that the director of budget and management transfers from one or more funds of one or more agencies represented on the Ohio family and children first cabinet council. The director may transfer only money that state or federal law permits to be used for the cabinet council's administrative costs. Money in the fund shall be used to pay the cabinet council's administrative costs.
Sec. 121.38. (A) An agency represented on a county family and
children first council that disagrees with the council's decision concerning
the services or
funding for services a child is to receive from agencies represented on the
council may initiate the local dispute resolution
process established in
the county service coordination mechanism applicable
to the council. On completion of the
process, the decision maker designated in the mechanism shall issue a written
determination that directs one or more agencies represented on the council to
provide services
or funding for services to the child. The determination shall include a plan
of care governing the manner in which the services or
funding are to be provided. The decision maker shall base the plan of care on
the comprehensive joint family service coordination plan developed as part of the county's
service
coordination mechanism and on evidence presented during the local
dispute resolution process. The decision maker
may require an agency to
provide services or funding only if the child's condition or needs qualify the
child for services under the laws governing the agency.
(B) An agency subject to a determination issued pursuant to a
local dispute resolution process shall immediately comply with the
determination,
unless the agency objects to the determination by doing one of the following
not later than seven days after the date the written determination is issued:
(1) If the child has been alleged or adjudicated to be an abused,
neglected, dependent, unruly, or delinquent child or a juvenile traffic
offender, filing in the juvenile court of the county having jurisdiction over
the child's case a motion requesting that the court hold a hearing to
determine which agencies are to provide services or funding for services to
the child.
(2) If the child is not a child described in division (B)(1) of
this section, filing in the juvenile court of the county served by the county
council a complaint objecting to the determination.
The court shall hold a hearing as soon as possible, but not
later
than
ninety days after the motion or complaint is filed.
At least five days
before the date on which the court hearing is to be held, the court shall send
each agency subject to the determination written notice by first class mail of
the date, time, place, and purpose of the court hearing. In the case of a
motion filed under division (B)(1) of this section, the court may
conduct the hearing as part of the adjudicatory or dispositional hearing
concerning the child, if appropriate, and shall provide notice as required for
those hearings.
Except in cases in which the hearing is conducted as part of the
adjudicatory or dispositional hearing, a hearing held pursuant to this
division shall be limited to a determination of which agencies are to provide
services or funding for services to the child. At the conclusion of the
hearing, the court shall issue an order directing one or more agencies
represented on the county council to provide services
or
funding for services to the child. The order shall include a plan of care
governing the
manner in which the services or funding are to be provided. The court shall
base the plan of care on the comprehensive joint family service coordination plan
developed as part of
the county's service coordination plan and on evidence
presented during the hearing. An agency required by the order to provide
services or funding shall be a party to any
juvenile court proceeding concerning the child. The court may require an
agency to provide services or funding for a child only if the child's
condition or needs qualify the child for services under the laws governing the
agency.
(C) While the local dispute resolution process or court proceedings
pursuant to this section are pending, each agency shall provide services and
funding as required by the decision made by the county council before
dispute resolution was initiated. If an agency that provides services or
funds during the local dispute resolution process or court proceedings
is determined
through the process or proceedings not to be responsible for providing them,
it shall be reimbursed for the costs of providing the services or
funding
by the agencies determined to be responsible for providing them.
Sec. 121.381. A parent or custodian who disagrees with a decision rendered by a county family and children first council regarding services for a child may initiate the dispute resolution process established in the county service coordination mechanism pursuant to division (C)(10) of section 121.37 of the Revised Code.
Not later than sixty days after the parent or custodian initiates the dispute resolution process, the council shall make findings regarding the dispute and issue a written determination of its findings.
Sec. 121.382. Each agency represented on a county family and children first council that is providing services or funding for services that are the subject of the dispute resolution process initiated by a parent or custodian under section 121.381 of the Revised Code shall continue to provide those services and the funding for those services during the dispute resolution process.
Sec. 121.403. (A) The Ohio community service council may do any of the following:
(1) Accept monetary gifts or donations;
(2) Sponsor conferences, meetings, or events in furtherance of the council's purpose described in section 121.40 of the Revised Code and charge fees for participation or involvement in the conferences, meetings, or events;
(3) Sell promotional items in furtherance of the council's purpose described in section 121.40 of the Revised Code.
(B) All monetary gifts and donations, funds from the sale of promotional items, and any fees paid to the council for conferences, meetings, or events sponsored by the council shall be deposited into the Ohio community service council gifts and donations fund, which is hereby created in the state treasury. Moneys in the fund may be used only as follows:
(1) To pay operating expenses of the council, including payroll, personal services, maintenance, equipment, and subsidy payments;
(2) To support council programs promoting volunteerism and community service in the state;
(3) As matching funds for federal grants.
Sec. 122.011. (A) The department of development shall
develop and promote plans and programs designed to assure that
state resources are efficiently used, economic growth is properly
balanced, community growth is developed in an orderly manner, and
local governments are coordinated with each other and the state,
and for such purposes may do all of the following:
(1) Serve as a clearinghouse for information, data, and
other materials that may be helpful or necessary to persons or
local governments, as provided in section 122.07 of the Revised
Code;
(2) Prepare and activate plans for the retention,
development, expansion, and use of the resources and commerce of
the state, as provided in section 122.04 of the Revised Code;
(3) Assist and cooperate with federal, state, and local
governments and agencies of federal, state, and local
governments
in the coordination of programs to carry out the functions and
duties of the department;
(4) Encourage and foster research and development
activities, conduct studies related to the solution of community
problems, and develop recommendations for administrative or
legislative actions, as provided in section 122.03 of the Revised
Code;
(5) Serve as the economic and community development
planning
agency, which shall prepare and recommend plans and
programs for
the orderly growth and development of this state and
which shall
provide planning assistance, as provided in section
122.06 of the
Revised Code;
(6) Cooperate with and provide technical assistance to
state
departments, political subdivisions, regional and local
planning
commissions, tourist associations, councils of
government,
community development groups, community action
agencies, and other
appropriate organizations for carrying out the
functions and
duties of the department or for the solution of
community
problems;
(7) Coordinate the activities of state agencies that have
an
impact on carrying out the functions and duties of the
department;
(8) Encourage and assist the efforts of and cooperate with
local governments to develop mutual and cooperative solutions to
their common problems that relate to carrying out the purposes of
this section;
(9) Study existing structure, operations, and financing of
regional or local government and those state activities that
involve significant relations with regional or local governmental
units, recommend to the governor and to the general assembly such
changes in these provisions and activities as will improve the
operations of regional or local government, and conduct other
studies of legal provisions that affect problems related to
carrying out the purposes of this section;
(10) Create and operate a division of community development
to develop and
administer programs and activities that are
authorized by federal statute or
the Revised Code;
(11) Until October 15, 2005 2007,
establish fees and charges, in
consultation with the
director of agriculture, for purchasing
loans from financial institutions and
providing loan guarantees
under the family farm
loan program created under sections 901.80
to 901.83 of the Revised Code;
(12) Provide loan servicing for the loans purchased and
loan
guarantees
provided
under section 901.80 of the Revised Code
as
that section
existed prior to October 15, 2005 2007;
(13) Until October 15, 2005 2007,
and upon approval by the
controlling board under division
(A)(3) of section 901.82 of the
Revised
Code of the release of money to
be used for purchasing a
loan or providing a loan guarantee, request the
release of
that
money in accordance with division
(B) of section 166.03 of the
Revised
Code for use for the purposes
of the fund created by
section 166.031 of the
Revised Code.
(B)
The director of development may request the attorney
general
to, and the attorney general, in accordance with section
109.02 of the Revised Code, shall
bring a civil action in any
court of competent jurisdiction. The director may
be sued in the
director's official capacity, in connection with this chapter,
in
accordance with Chapter 2743. of the Revised Code.
Sec. 122.075. (A) As used in this section:
(1) "Alternative fuel" means blended biodiesel or blended gasoline.
(2) "Biodiesel" means a mono-alkyl ester combustible liquid fuel that is derived from vegetable oils or animal fats, or any combination of those reagents, and that meets American society for testing and materials specification D6751-03a for biodiesel fuel (B100) blend stock distillate fuels.
(3) "Diesel fuel" and "gasoline" have the same meanings as in section 5735.01 of the Revised Code.
(4) "Ethanol" has the same meaning as in section 5733.46 of the Revised Code.
(5) "Blended biodiesel" means diesel fuel containing at least twenty per cent biodiesel by volume.
(6) "Blended gasoline" means gasoline containing at least eighty-five per cent ethanol by volume.
(7) "Incremental cost" means either of the following:
(a) The difference in cost between blended gasoline and gasoline containing ten per cent or less ethanol at the time that the blended gasoline is purchased;
(b) The difference in cost between blended biodiesel and diesel fuel containing two per cent or less biodiesel at the time that the blended biodiesel is purchased.
(B) For the purpose of improving the air quality in this state, the director of development shall establish an alternative fuel transportation grant program under which the director may make grants to businesses, nonprofit organizations, public school systems, or local governments for the purchase and installation of alternative fuel refueling facilities and for the purchase and use of alternative fuel.
(C) The director shall adopt rules in accordance with Chapter 119. of the Revised Code that are necessary for the administration of the alternative fuel transportation grant program. The rules shall establish at least all of the following:
(1) An application form and procedures governing the application process for a grant under the program;
(2) A procedure for prioritizing the award of grants under the program;
(3) A requirement that the maximum grant for the purchase and installation of an alternative fuel refueling facility be no more than fifty per cent of the cost of the facility;
(4) A requirement that the maximum grant for the purchase of alternative fuel be no more than fifty per cent of the incremental cost of the fuel;
(5) Any other criteria, procedures, or guidelines that the director determines are necessary to administer the program.
(D) There is hereby created in the state treasury the alternative fuel transportation grant fund. The fund shall consist of money as may be specified by the general assembly from the energy efficiency revolving loan fund created by section 4928.61 of the Revised Code. Money in the fund shall be used to make grants under the alternative fuel transportation grant program and by the director in the administration of that program.
Sec. 122.083. (A) The director of development shall administer a shovel ready sites program to provide grants for projects to port authorities and development entities approved by the director. Grants may be used to pay the costs of any or all of the following:
(1) Acquisition of property, including options;
(2) Preparation of sites, including brownfield clean-up activities;
(3) Construction of road, water, telecommunication, and utility infrastructure;
(4) Payment of professional fees the amount of which shall not exceed twenty per cent of the grant amount for a project.
(B) The director shall adopt rules in accordance with Chapter 119. of the Revised Code that establish procedures and requirements necessary for the administration of the program, including a requirement that a recipient of a grant enter into an agreement with the director governing the use of the grant.
(C) There is hereby created in the state treasury the shovel ready sites fund consisting of money appropriated to it. Money in the fund shall be used solely for the purposes of this section.
Sec. 122.17. (A) As used in this section:
(1) "Full-time employee" means an individual who is
employed for consideration for at least thirty-five hours a week,
or who renders any other standard of service generally accepted
by custom or specified by contract as full-time employment.
(2) "New employee" means one of the following:
(a) A full-time employee first employed by a taxpayer in
the project that is the subject of the agreement after the
taxpayer enters into a tax credit agreement with the tax credit
authority under this section;
(b) A full-time employee first employed by a taxpayer in
the project that is the subject of the tax credit after the tax
credit authority approves a project for a tax credit under this
section in a public meeting, as long as the taxpayer enters into
the tax credit agreement prepared by the department of
development after such meeting within sixty days after receiving
the agreement from the department. If the taxpayer fails to
enter into the agreement within sixty days, "new employee" has
the same meaning as under division (A)(2)(a) of this section.
Under division (A)(2)(a) or (b) of this section, if the tax
credit authority determines it appropriate, "new employee" also
may include an employee re-hired or called back from lay-off to
work in a new facility or on a new product or service established
or produced by the taxpayer after entering into the agreement
under this section or after the tax credit authority approves the
tax credit in a public meeting. Except as otherwise provided in this paragraph, "new employee" does not include
any employee of the taxpayer who was previously employed in this
state by a related member of the taxpayer and whose employment
was shifted to the taxpayer after the taxpayer entered into the
tax credit agreement or after the tax credit authority approved
the credit in a public meeting, or any employee of the taxpayer
for which the taxpayer has been granted a certificate under
division (B) of section 5709.66 of the Revised Code.
However, if the taxpayer is engaged in the enrichment and commercialization of uranium or uranium products or is engaged in research and development activities related thereto and if the tax credit authority determines it appropriate, "new employee" may include an employee of the taxpayer who was previously employed in this state by a related member of the taxpayer and whose employment was shifted to the taxpayer after the taxpayer entered into the tax credit agreement or after the tax credit authority approved the credit in a public meeting. "New employee" does not include an employee of the
taxpayer who is employed in an employment position that
was
relocated to a project from other operations of the taxpayer in
this state or from operations of a related member of the
taxpayer in this state.
In
addition, "new employee" does not include a child, grandchild,
parent, or spouse, other than a spouse who is legally separated
from the individual, of any individual who is an employee of the
taxpayer and who has a direct or indirect ownership interest of
at least five per cent in the profits, capital, or value of the
taxpayer. Such ownership interest shall be determined in
accordance with section 1563 of the Internal Revenue Code and
regulations prescribed thereunder.
(3) "New income tax revenue" means the total amount
withheld under section 5747.06 of the Revised Code by the
taxpayer during the taxable year, or during the calendar year that includes the tax period, from the compensation of new
employees for the tax levied under Chapter 5747. of the Revised
Code.
(4) "Related member" has the same meaning as under
division (A)(6) of section 5733.042 of the Revised Code without
regard to division (B) of that section.
(B) The tax credit authority may make grants under this
section to foster job creation in this state. Such a grant shall
take the form of a refundable credit allowed against the tax
imposed by section 5725.18, 5729.03, 5733.06, or
5747.02 or levied under Chapter 5751. of the Revised Code. The
credit shall be claimed for the taxable years or tax periods specified in the
taxpayer's agreement with the tax credit authority under division
(D) of this section. The With respect to taxes imposed under section 5733.06 or 5747.02 or Chapter 5751. of the Revised Code, the credit shall be claimed after the
allowance of all other credits provided by Chapter 5733. or 5747. in the order required under section 5733.98, 5747.98, or 5751.98
of the Revised Code. The amount of the credit available for a taxable year or for a calendar year that includes a tax period equals the new
income tax revenue for the taxable that year multiplied by the
percentage specified in the agreement with the tax credit
authority. Any credit granted under this section against the tax imposed by section 5733.06 or 5747.02 of the Revised Code, to the extent not fully utilized against such tax for taxable years ending prior to 2008, shall automatically be converted without any action taken by the tax credit authority to a credit against the tax levied under Chapter 5751. of the Revised Code for tax periods beginning on or after July 1, 2008, provided that the person to whom the credit was granted is subject to such tax. The converted credit shall apply to those calendar years in which the remaining taxable years specified in the agreement end.
(C) A taxpayer or potential taxpayer who proposes a
project to create new jobs in this state may apply to the tax
credit authority to enter into an agreement for a tax credit
under this section. The director of development
shall prescribe
the form of the application. After receipt of an application,
the authority may enter into an agreement with the taxpayer for a
credit under this section if it determines all of the following:
(1) The taxpayer's project will create new jobs in this
state;
(2) The taxpayer's project is economically sound and will
benefit the people of this state by increasing opportunities for
employment and strengthening the economy of this state;
(3) Receiving the tax credit is a major factor in the
taxpayer's decision to go forward with the project.
(D) An agreement under this section shall include all of
the following:
(1) A detailed description of the project that is the
subject of the agreement;
(2) The term of the tax credit, which shall not exceed fifteen
years, and the first taxable year, or first calendar year that includes a tax period, for which the credit may be
claimed;
(3) A requirement that the taxpayer shall maintain
operations at the project location for at least twice the number
of years as the term of the tax credit;
(4) The percentage, as determined by the tax credit
authority, of new income tax revenue that will be allowed as the
amount of the credit for each taxable year or for each calendar year that includes a tax period;
(5) A specific method for determining how many new
employees are employed during a taxable year or during a calendar year that includes a tax period;
(6) A requirement that the taxpayer annually shall report
to the director of development the number of new
employees, the
new income tax revenue withheld in connection with the new
employees, and any other information the director needs to
perform the director's duties under this section;
(7) A requirement that the director of
development
annually shall verify the amounts reported under division (D)(6)
of this section, and after doing so shall issue a certificate to
the taxpayer stating that the amounts have been verified;
(8)(a) A provision requiring that the
taxpayer, except as otherwise provided in division
(D)(8)(b) of this section,
shall not relocate employment positions from elsewhere in this state to the
project site that
is the subject of the agreement for the lesser of five years from the date the
agreement is entered into or the number of years the
taxpayer is entitled to claim the tax credit.
(b) The taxpayer may relocate employment positions from elsewhere
in
this state to the project site that is the subject of the agreement if the
director of development determines both of the
following:
(i) That the site from which the employment positions would be
relocated
is inadequate to meet market and industry conditions, expansion plans,
consolidation plans, or other business considerations affecting the
taxpayer;
(ii) That the legislative authority of the county,
township, or municipal corporation from which the employment positions would
be relocated has
been notified of the relocation.
For purposes of this section, the movement of an
employment position from one political subdivision to another
political subdivision shall be considered a relocation of an
employment position, but the transfer of an individual employee
from one political subdivision to another political subdivision
shall not be considered a relocation of an employment position
as long as the individual's employment position in the first
political subdivision is refilled.
(E) If a taxpayer fails to meet or comply with any
condition or requirement set forth in a tax credit agreement, the
tax credit authority may amend the agreement to reduce the
percentage or term of the tax credit. The reduction of the
percentage or term shall take effect in the taxable year
immediately following the taxable year in which the authority
amends the agreement or in the first tax period beginning in the calendar year immediately following the calendar year in which the authority amends the agreement.
If the taxpayer relocates employment positions in violation of the
provision required
under division (D)(8)(a)
of this section, the taxpayer shall not claim the tax credit under section
5733.0610 of the Revised Code for any tax years
following the calendar year in which the relocation occurs, or shall not claim
the tax credit under
section 5725.32, 5729.032, or 5747.058 of the Revised Code for the taxable year in
which the relocation occurs and any subsequent taxable years, and shall not claim the tax credit under division (A) of section 5751.50 of the Revised Code for any tax period in the calendar year in which the relocation occurs and any subsequent tax periods.
(F) Projects that consist solely of
point-of-final-purchase retail facilities are not eligible for a
tax credit under this section. If a project consists of both
point-of-final-purchase retail facilities and nonretail
facilities, only the portion of the project consisting of the
nonretail facilities is eligible for a tax credit and only the
new income tax revenue from new employees of the nonretail
facilities shall be considered when computing the amount of the
tax credit. If a warehouse facility is part of a
point-of-final-purchase retail facility and supplies only that
facility, the warehouse facility is not eligible for a tax
credit. Catalog distribution centers are not considered
point-of-final-purchase retail facilities for the purposes of
this division, and are eligible for tax credits under this
section.
(G) Financial statements and other information submitted
to the department of development or the tax
credit authority by
an applicant or recipient of a tax credit under this section, and
any information taken for any purpose from such statements or
information, are not public records subject to section 149.43 of
the Revised Code. However, the chairperson of the
authority may
make use of the statements and other information for purposes of
issuing public reports or in connection with court proceedings
concerning tax credit agreements under this section. Upon the
request of the tax commissioner or, if the applicant or recipient is an insurance company, upon the request of the superintendent of insurance, the chairperson of the
authority
shall provide to the commissioner or superintendent any statement or information
submitted by an applicant or recipient of a tax credit in
connection with the credit. The commissioner or superintendent shall preserve the
confidentiality of the statement or information.
(H) A taxpayer claiming a credit under this section shall
submit to the tax commissioner or, if the taxpayer is an insurance company, to the superintendent of insurance, a copy of the director of
development's certificate of verification under division (D)(7)
of this section for the taxable year or for the calendar year that includes the tax period. However, failure to submit
a copy of the certificate does not invalidate a claim for a
credit.
(I) The director of development, after
consultation with
the tax commissioner and the superintendent of insurance and in accordance with Chapter 119. of the
Revised Code, shall adopt rules necessary to implement this
section. The rules may provide for recipients of tax credits
under this section to be charged fees to cover administrative
costs of the tax credit program. At the time the director
gives public
notice under division (A) of section 119.03 of the Revised Code
of the adoption of the rules, the director shall submit copies of
the proposed rules to the chairpersons of the standing
committees on
economic development in the senate and the house of
representatives.
(J) For the purposes of this section, a taxpayer may
include a partnership, a corporation that has made an election
under subchapter S of chapter one of subtitle A of the Internal
Revenue Code, or any other business entity through which income
flows as a distributive share to its owners. A credit received
under this section by a partnership, S-corporation, or other such
business entity shall be apportioned among the persons to whom
the income or profit of the partnership, S-corporation, or other
entity is distributed, in the same proportions as those in which
the income or profit is distributed.
(K) If the director of development determines
that a
taxpayer who has received a credit under this section is not
complying with the requirement under division (D)(3) of this
section, the director shall notify the tax credit authority
of the
noncompliance. After receiving such a notice, and after giving
the taxpayer an opportunity to explain the noncompliance, the tax
credit authority may require the taxpayer to refund to this state
a portion of the credit in accordance with the following:
(1) If the taxpayer maintained operations at the project
location for at least one and one-half times the number of years
of the term of the tax credit, an amount not exceeding
twenty-five per cent of the sum of any previously allowed credits
under this section;
(2) If the taxpayer maintained operations at the project
location for at least the number of years of the term of the tax
credit, an amount not exceeding fifty per cent of the sum of any
previously allowed credits under this section;
(3) If the taxpayer maintained operations at the project
location for less than the number of years of the term of the tax
credit, an amount not exceeding one hundred per cent of the sum
of any previously allowed credits under this section.
In determining the portion of the tax credit to be refunded
to this state, the tax credit authority shall consider the effect
of market conditions on the taxpayer's project and whether the
taxpayer continues to maintain other operations in this state.
After making the determination, the authority shall certify the
amount to be refunded to the tax commissioner or superintendent of insurance, as appropriate. The If the amount is certified to the commissioner, the commissioner
shall make an assessment for that amount against the taxpayer
under Chapter 5733. or, 5747., or 5751. of the Revised Code. If the amount is certified to the superintendent, the superintendent shall make an assessment for that amount against the taxpayer under Chapter 5725. or 5729. of the Revised Code. The time
limitations on assessments under Chapter 5733. or 5747. of the
Revised Code those chapters do not apply to an assessment under this division,
but the commissioner or superintendent, as appropriate, shall make the assessment within one year
after the date the authority certifies to the commissioner or superintendent
the amount to be
refunded.
(L) On or before the thirty-first day of March each year,
the director of development shall submit a
report to the
governor, the president of the senate, and the speaker of the
house of representatives on the tax credit program under this
section. The report shall include information on the number of
agreements that were entered into under this section during the
preceding calendar year, a description of the project that is the
subject of each such agreement, and an update on the status of
projects under agreements entered into before the preceding
calendar year.
During the fifth year of the tax credit program, the
director of development in conjunction with the
director of
budget and management shall conduct an evaluation of it. The
evaluation shall include assessments of the effectiveness of the
program in creating new jobs in this state and of the revenue
impact of the program, and may include a review of the practices
and experiences of other states with similar programs. The
director of development shall submit a report on
the evaluation
to the governor, the president of the senate, and the speaker of
the house of representatives on or before January 1, 1998.
(M) There is hereby created the tax credit authority,
which consists of the director of development
and four other
members appointed as follows: the governor, the president of the
senate, and the speaker of the house of representatives each
shall appoint one member who shall be a specialist in economic
development; the governor also shall appoint a member who is a
specialist in taxation. Of the initial appointees, the members
appointed by the governor shall serve a term of two years; the
members appointed by the president of the senate and the speaker
of the house of representatives shall serve a term of four years.
Thereafter, terms of office shall be for four years. Initial
appointments to the authority shall be made within thirty days
after January 13,
1993. Each
member shall serve on the authority until the end of the term for
which the member was appointed. Vacancies shall be filled in
the same
manner provided for original appointments. Any member appointed
to fill a vacancy occurring prior to the expiration of the term
for which the member's predecessor was appointed shall hold
office for the
remainder of that term. Members may be reappointed to the
authority. Members of the authority shall receive their
necessary and actual expenses while engaged in the business of
the authority. The director of development
shall serve as
chairperson of the authority, and the members annually
shall elect a
vice-chairperson from among themselves. Three
members of the
authority constitute a quorum to transact and vote on the
business of the authority. The majority vote of the membership
of the authority is necessary to approve any such business,
including the election of the vice-chairperson.
The director of development may appoint a
professional employee of the department of
development to serve as the director's substitute at a meeting of the
authority. The director shall
make the appointment in writing. In the absence of the director
from a meeting of the authority, the appointed substitute shall
serve as chairperson. In the absence of both the
director and the director's
substitute from a meeting, the vice-chairperson
shall serve as
chairperson.
(N) For purposes of the credits granted by this section against the taxes imposed under sections 5725.18 and 5729.03 of the Revised Code, "taxable year" means the period covered by the taxpayer's annual statement to the superintendent of insurance.
Sec. 122.171. (A) As used in this section:
(1) "Capital investment project" means a plan of investment
at a project site for the acquisition, construction, renovation,
or repair of
buildings, machinery, or equipment,
or for
capitalized costs of basic research and new product development
determined in accordance with generally accepted accounting
principles, but does not
include
any of the following:
(a) Payments made for the acquisition of personal property
through
operating leases;
(b) Project costs paid before January 1, 2002, or after
December 31, 2006;
(c) Payments made to a related member as defined in section
5733.042 of the Revised Code or to an elected consolidated taxpayer or a combined taxpayer as defined in section 5751.01 of the Revised Code.
(2) "Eligible business" means a business with Ohio
operations
satisfying all of the following:
(a) Employed an average of at least one thousand employees
in full-time employment positions at a project site during each of
the
twelve months preceding the application for a tax credit under
this section; and
(b) On or after January 1, 2002, has made payments for the
capital investment project of
either of the following:
(i) At least two hundred million dollars in the aggregate
at the project
site during a period of three consecutive calendar
years
including the calendar year that includes a day of the
taxpayer's taxable year or tax period with respect to which the credit is
granted;
(ii) If the average wage of all full-time employment positions at the
project site is greater than four hundred per cent of the federal
minimum wage, at least one hundred million dollars in the aggregate at the project
site during a period of three consecutive calendar years including
the calendar year that includes a day of the taxpayer's taxable
year or tax period with respect to which the credit is granted.
(c)
Is engaged at the project site primarily as a
manufacturer or is providing significant corporate administrative
functions;
(d) Has had a capital investment project reviewed and
approved by the tax credit
authority as provided in divisions (C),
(D), and (E) of this
section.
(3) "Full-time employment position" means a position of
employment for consideration for at least thirty-five hours a
week that has been
filled for at least
one hundred eighty days immediately preceding
the filing of an
application under this section and for at least
one hundred eighty days during each taxable year or each calendar year that includes a tax period with respect to
which the credit is
granted.
(4)
"Manufacturer" has the same meaning as in section
5739.011 of the Revised Code.
(5) "Project site" means an integrated complex
of facilities
in this state, as specified
by the tax credit authority under this
section, within a
fifteen-mile radius where a taxpayer
is primarily operating as an eligible business.
(6) "Applicable corporation" means a corporation satisfying all of the following:
(a)(i) For the entire taxable year immediately preceding the tax year, the corporation develops software applications primarily to provide telecommunication billing and information services through outsourcing or licensing to domestic or international customers.
(ii) Sales and licensing of software generated at least six hundred million dollars in revenue during the taxable year immediately preceding the tax year the corporation is first entitled to claim the credit provided under division (B) of this section.
(b) For the entire taxable year immediately preceding the tax year, the corporation or one or more of its related members provides customer or employee care and technical support for clients through one or more contact centers within this state, and the corporation and its related members together have a daily average, based on a three hundred sixty-five day three-hundred-sixty-five-day year, of at least five hundred thousand successful customer contacts through one or more of their contact centers, wherever located.
(c) The corporation is eligible for the credit under division (B) of this section for the tax year.
(7) "Related member" has the same meaning as in section 5733.042 of the Revised Code as that section existed on the effective date of its amendment by Am. Sub. H.B. 215 of the 122nd general assembly, September 29, 1997.
(8) "Successful customer contact" means a contact with an end user via telephone, including interactive voice recognition or similar means, where the contact culminates in a conversation or connection other than a busy signal or equipment busy.
(9) "Telecommunications" means all forms of telecommunications service as defined in section 5739.01 of the Revised Code, and includes services in wireless, wireline, cable, broadband, internet protocol, and satellite.
(10)(a) "Applicable difference" means the difference between the tax for the tax year under Chapter 5733. of the Revised Code applying the law in effect for that tax year, and the tax for that tax year if section 5733.042 of the Revised Code applied as that section existed on the effective date of its amendment by Am. Sub. H.B. 215 of the 122nd general assembly, September 29, 1997, subject to division (A)(10)(b) of this section.
(b) If the tax rate set forth in division (B) of section 5733.06 of the Revised Code for the tax year is less than eight and one-half per cent, the tax calculated under division (A)(10)(a) of this section shall be computed by substituting a tax rate of eight and one-half per cent for the rate set forth in division (B) of section 5733.06 of the Revised Code for the tax year.
(c) If the resulting difference is negative, the applicable tax difference for the tax year shall be zero.
(B) The tax credit authority created under section 122.17 of
the Revised Code may grant tax credits under this section for the
purpose of fostering job retention in this state. Upon
application by an eligible business and upon consideration of the
recommendation of the director of budget and management, tax
commissioner, and director of development under division (C) of
this section, the tax credit authority may grant to an eligible
business a nonrefundable credit against the tax imposed by section
5733.06 or 5747.02 or levied under Chapter 5751. of the Revised Code for a period up to fifteen
taxable years and against the tax levied by Chapter 5751. of the Revised Code for a period of up to fifteen calendar years. The credit shall be in an
amount not exceeding
seventy-five per cent of the Ohio income tax withheld
from the
employees of the eligible business occupying full-time employment
positions at the
project site during the calendar year that
includes the last day of such business' taxable year or tax period
with respect
to which the
credit is granted. The amount of the credit shall
not be based on
the Ohio income tax withheld from full-time
employees for a
calendar year prior to the calendar year in which
the
minimum investment
requirement
referred to in
division
(A)(2)(b) of this section is completed.
The
credit shall
be
claimed only for the taxable years or tax periods specified
in the
eligible
business' agreement with the tax credit authority
under division
(E) of this section, but in no event shall the
credit be claimed
for a taxable year or tax period terminating before the date
specified in the
agreement. Any credit granted under this section against the tax imposed by section 5733.06 or 5747.02 of the Revised Code, to the extent not fully utilized against such tax for taxable years ending prior to 2008, shall automatically be converted without any action taken by the tax credit authority to a credit against the tax levied under Chapter 5751. of the Revised Code for tax periods beginning on or after July 1, 2008, provided that the person to whom the credit was granted is subject to such tax. The converted credit shall apply to those calendar years in which the remaining taxable years specified in the agreement end.
The credit computed under this division is in addition to any credit allowed under division (M) of this section which the tax credit authority may also include in the agreement.
Any unused portion of a tax credit may be carried forward
for
not more than three additional years after the year for which
the
credit is granted.
(C) A taxpayer
that proposes a capital investment
project to
retain jobs in this state may apply to the tax credit
authority to
enter into an agreement for a tax credit under this
section. The
director of development shall prescribe the form of
the
application. After receipt of an application, the authority
shall
forward copies of the application to the director of budget
and
management, the tax commissioner, and the director of
development,
each of whom shall review the application to
determine the
economic impact the proposed project would have on
the state and
the affected political subdivisions and shall submit
a summary of
their determinations and recommendations to the
authority. The
authority shall make no agreements under this
section after June
30, 2007.
(D) Upon review of the determinations and recommendations
described in division (C) of this section, the tax credit
authority may enter into an agreement with the taxpayer for a
credit under this section if
the authority determines all of
the following:
(1) The taxpayer's capital investment project will result in
the retention of full-time employment positions in this state.
(2) The taxpayer is economically sound and has the ability
to complete the proposed capital investment project.
(3) The taxpayer intends to and has the ability to maintain
operations at the project site for at least twice the term of the
credit.
(4) Receiving the credit is a major factor in the taxpayer's
decision to begin, continue with, or complete the project.
(5) The political subdivisions in which the project is
located have agreed to provide substantial financial support to
the project.
(E) An agreement under this section shall include all of the
following:
(1) A detailed description of the project that is the
subject of the agreement, including the amount of the investment,
the period over which the investment has been or is being made,
and the number of full-time employment positions at the project
site.
(2) The method of calculating the number of full-time
employment positions as specified in division (A)(3) of this
section.
(3) The term and percentage of the tax credit,
and the
first
year for which the credit may be claimed.
(4) A requirement that the taxpayer maintain
operations at
the project site for at least twice the number
of years as the
term of the credit.
(5) A requirement that the taxpayer retain a specified
number of full-time employment positions at the project site and
within this state for the term of the credit, including a
requirement that the taxpayer continue to employ at least one
thousand employees in full-time employment positions at the
project
site during the entire term of any agreement, subject to
division (E)(7)
of this section.
(6) A requirement that the taxpayer annually report to the
director of development the number of full-time employment
positions subject to the credit, the amount of tax withheld from
employees in those positions, the amount of the payments made for
the capital investment project, and any other information the
director needs to perform the director's duties under this
section.
(7) A requirement that the director of development annually
review the annual reports of the taxpayer to verify the
information reported under division (E)(6) of this section and
compliance with the agreement. Upon verification, the director
shall issue a certificate to the taxpayer stating that the
information has been verified and identifying the amount of the
credit for the taxable year. Unless otherwise specified by the tax credit authority in a resolution and included as part of the agreement, the director shall not issue a
certificate for any year in which the total number of filled
full-time employment positions for each day of the calendar year
divided by three hundred sixty-five is less than ninety per cent
of the full-time employment positions specified in division (E)(5)
of this section. In determining the number of full-time
employment positions, no position shall be counted that is filled
by an employee who is included in the calculation of a tax credit
under section 122.17 of the Revised Code.
(8)(a) A provision requiring that the taxpayer, except as
otherwise provided in division (E)(8)(b) of this section, shall
not relocate employment positions from elsewhere in this state to
the project site that is the subject of the agreement for the
lesser of five years from the date the agreement is entered into
or the number of years the taxpayer is entitled to claim the
credit.
(b) The taxpayer may relocate employment positions from
elsewhere in this state to the project site that is the subject of
the agreement if the director of development determines both of
the following:
(i) That the site from which the employment positions would
be relocated is inadequate to meet market and industry conditions,
expansion plans, consolidation plans, or other business
considerations affecting the taxpayer;
(ii) That the legislative authority of the county, township,
or municipal corporation from which the employment positions would
be relocated has been notified of the relocation.
For purposes of
this section, the movement of an employment
position from one
political subdivision to another political
subdivision shall be
considered a relocation of an employment
position unless the movement is confined to the project site.
The
transfer of an individual employee from one
political
subdivision
to another political subdivision shall not
be
considered a
relocation of an employment position as long as
the
individual's
employment position in the first political
subdivision is
refilled.
(9) A waiver by the taxpayer of any limitations periods
relating to assessments or adjustments resulting from the
taxpayer's failure to comply with the agreement.
(F) If a taxpayer fails to meet or comply with any condition
or requirement set forth in a tax credit agreement, the tax credit
authority may amend the agreement to reduce the percentage or term
of the credit. The reduction of the percentage or term shall take
effect in the taxable year immediately following the taxable year
in which the authority amends the agreement or in the first tax period beginning in the calendar year immediately following the calendar year in which the authority amends the agreement. If the taxpayer
relocates employment positions in violation of the provision
required under division (D)(8)(a) of this section, the taxpayer
shall not claim the tax credit under section 5733.0610 of the
Revised Code for any tax years following the calendar year in
which the relocation occurs, or shall not claim the tax credit
under section 5747.058 of the Revised Code for the taxable year in
which the relocation occurs and any subsequent taxable years, and shall not claim the tax credit under division (A) of section 5751.50 of the Revised Code for the tax period in which the relocation occurs and any subsequent tax periods.
(G) Financial statements and other information submitted to
the department of development or the tax credit authority by an
applicant for or recipient of a tax credit under this section, and
any information taken for any purpose from such statements or
information, are not public records subject to section 149.43 of
the Revised Code. However, the chairperson of the authority may
make use of the statements and other information for purposes of
issuing public reports or in connection with court proceedings
concerning tax credit agreements under this section. Upon the
request of the tax commissioner, the chairperson of the authority
shall provide to the commissioner any statement or other
information submitted by an applicant for or recipient of a tax
credit in connection with the credit. The commissioner shall
preserve the confidentiality of the statement or other
information.
(H) A taxpayer claiming a tax credit under this section
shall submit to the tax commissioner a copy of the director of
development's certificate of verification under division (E)(7) of
this section for the taxable year or for the calendar year that includes the tax period. However, failure to submit a
copy of the certificate does not invalidate a claim for a credit.
(I) For the purposes of this section, a taxpayer may include
a partnership, a corporation that has made an election under
subchapter S of chapter one of subtitle A of the Internal Revenue
Code, or any other business entity through which income flows as a
distributive share to its owners. A tax credit received under
this section by a partnership, S-corporation, or other such
business entity shall be apportioned among the persons to whom the
income or profit of the partnership, S-corporation, or other
entity is distributed, in the same proportions as those in which
the income or profit is distributed.
(J) If the director of development determines that a
taxpayer
that received a tax credit under this section is
not
complying with the requirement under division (E)(4) of this
section, the
director shall notify the tax credit authority of the
noncompliance. After receiving such a notice, and after giving
the taxpayer an opportunity to explain the noncompliance, the
authority may terminate the agreement and require the taxpayer to
refund to the state all or a portion of the credit claimed in
previous years, as follows:
(1) If the taxpayer maintained operations at the project
site for less than the term of the credit, the amount required to
be refunded shall not exceed the amount of any tax credits
previously allowed and received under this section.
(2) If the taxpayer maintained operations at the project
site longer than the term of the credit but less than one and
one-half times the term of the credit, the amount required to be
refunded shall not exceed fifty per cent of the sum of any tax
credits previously allowed and received under this section.
(3) If the taxpayer maintained operations at the project
site for at least one and one-half times the term of the credit
but less than twice the term of the credit, the amount required to
be refunded shall not exceed twenty-five per cent of the sum of
any tax credits previously allowed and received under this
section.
In determining the portion of the credit to be refunded to
this state, the authority shall consider the effect of market
conditions on the taxpayer's project and whether the taxpayer
continues to maintain other operations in this state. After
making the determination, the authority shall certify the amount
to be refunded to the tax commissioner. The commissioner shall
make an assessment for that amount against the taxpayer under
Chapter 5733. or, 5747., or 5751. of the Revised Code. The time limitations
on assessments under Chapter 5733. or 5747. of the Revised Code those chapters do
not apply to an assessment under this division, but the
commissioner shall make the assessment within one year after the
date the authority certifies to the commissioner the amount to be
refunded.
If the director of development determines that a taxpayer
that received a tax credit under this section has reduced the
number of employees agreed to under division (E)(5) of this
section by more than ten per cent, the director shall notify the
tax credit authority of the noncompliance. After receiving such
notice, and after providing the taxpayer an opportunity to explain
the noncompliance, the authority may amend the agreement to reduce
the percentage or term of the tax credit. The reduction in the
percentage or term shall take effect in the taxable year, or in the calendar year that includes the tax period, in which
the authority amends the agreement.
(K) The director of development, after consultation with the
tax commissioner and in accordance with Chapter 119. of the
Revised Code, shall adopt rules necessary to implement this
section. The rules may provide for recipients of tax credits
under this section to be charged fees to cover administrative
costs of the tax credit program. At the time the director gives
public notice under division (A) of section 119.03 of the Revised
Code of the adoption of the rules, the director shall submit
copies of the proposed rules to the chairpersons of the standing
committees on economic development in the senate and the house of
representatives.
(L) On or before the thirty-first day of March of each year,
the director of development shall submit a report to the governor,
the president of the senate, and the speaker of the house of
representatives on the tax credit program under this section. The
report shall include information on the number of agreements that
were entered into under this section during the preceding calendar
year, a description of the project that is the subject of each
such agreement, and an update on the status of projects under
agreements entered into before the preceding calendar year.
(M)(1) A nonrefundable credit shall be allowed to an applicable corporation and its related members in an amount equal to the applicable difference. The credit is in addition to the credit granted to the corporation or related members under division (B) of this section. The credit is subject to divisions (B) to (E) and division (J) of this section.
(2) A person qualifying as an applicable corporation under this section for a tax year does not necessarily qualify as an applicable corporation for any other tax year. No person is entitled to the credit allowed under division (M) of this section for the tax year immediately following the taxable year during which the person fails to meet the requirements in divisions (A)(6)(a)(i) and (A)(6)(b) of this section. No person is entitled to the credit allowed under division (M) of this section for any tax year for which the person is not eligible for the credit provided under division (B) of this section.
Sec. 122.172. (A) As used in this section, "tax liability" means the tax owed under section 5733.06 or 5747.02 of the Revised Code after allowance of all nonrefundable credits and prior to the allowance of all refundable credits. The tax owed under section 5733.06 of the Revised Code shall take into account any adjustments to such tax required by division (G) of section 5733.01 of the Revised Code that apply prior to allowance of refundable credits.
(B)(1) The director of development shall administer the manufacturing equipment grant program to provide grants for new manufacturing machinery and equipment qualifying for the grant under section 122.173 of the Revised Code. Except as provided in division (C) of this section, the grants apply to the taxes imposed by sections 5733.06 and 5747.02 of the Revised Code for taxable years ending on or after July 1, 2005.
(2) To claim a grant, a taxpayer satisfying the requirements of section 122.173 of the Revised Code shall complete a grant request form, as prescribed by the director in consultation with the tax commissioner, and shall file the form with the tax return for the taxable year for which the grant is claimed. In no event shall the grant reduce a taxpayer's tax liability below the minimum tax owed for the taxable year. The grant request form shall provide the information required to allow the grant for the taxable year and is subject to audit by the director and the commissioner. Any portion of the grant in excess of the taxpayer's tax liability shall not be refundable but may be carried forward as provided in section 122.173 of the Revised Code. Upon the director's request, the commissioner shall provide completed grant request forms filed under this section to the director in a mutually agreed upon format.
(C) If a taxpayer is required to repay any credit allowed under section 5733.33 or 5747.31 of the Revised Code for a taxable year ending prior to July 1, 2005, for a reason not specified in Chapter 5733. or 5747. of the Revised Code, a grant shall be available for that taxable year under section 122.173 of the Revised Code to the extent provided in that section.
(D) Any tax liability under section 5733.06 or 5747.02 of the Revised Code that is underpaid as the result of an improper claim for a grant under this section may be assessed by the tax commissioner in the manner provided by section 5733.11 or 5747.11 of the Revised Code.
Sec. 122.173. (A) As used in this section:
(1) "Manufacturing machinery and equipment" means engines and machinery, and tools and implements, of every kind used, or designed to be used, in refining and manufacturing. "Manufacturing machinery and equipment" does not include property acquired after December 31, 1999, that is used:
(a) For the transmission and distribution of electricity;
(b) For the generation of electricity, if fifty per cent or more of the electricity that the property generates is consumed, during the one-hundred-twenty-month period commencing with the date the property is placed in service, by persons that are not related members to the person who generates the electricity.
(2) "New manufacturing machinery and equipment" means manufacturing machinery and equipment, the original use in this state of which commences with the taxpayer or with a partnership of which the taxpayer is a partner. "New manufacturing machinery and equipment" does not include property acquired after December 31, 1999, that is used:
(a) For the transmission and distribution of electricity;
(b) For the generation of electricity, if fifty per cent or more of the electricity that the property generates is consumed, during the one-hundred-twenty-month period commencing with the date the property is placed in service, by persons that are not related members to the person who generates the electricity.
(3)(a) "Purchase" has the same meaning as in section 179(d)(2) of the Internal Revenue Code.
(b) For purposes of this section, any property that is not manufactured or assembled primarily by the taxpayer is considered purchased at the time the agreement to acquire the property becomes binding. Any property that is manufactured or assembled primarily by the taxpayer is considered purchased at the time the taxpayer places the property in service in the county for which the taxpayer will calculate the county excess amount.
(c) Notwithstanding section 179(d) of the Internal Revenue Code, a taxpayer's direct or indirect acquisition of new manufacturing machinery and equipment is not purchased on or after July 1, 1995, if the taxpayer, or a person whose relationship to the taxpayer is described in subparagraphs (A), (B), or (C) of section 179(d)(2) of the Internal Revenue Code, had directly or indirectly entered into a binding agreement to acquire the property at any time prior to July 1, 1995.
(4) "Qualifying period" means the period that begins July 1, 1995, and ends June 30, 2005.
(5) "County average new manufacturing machinery and equipment investment" means either of the following:
(a) The average annual cost of new manufacturing machinery and equipment purchased for use in the county during baseline years, in the case of a taxpayer that was in existence for more than one year during baseline years.
(b) Zero, in the case of a taxpayer that was not in existence for more than one year during baseline years.
(6) "Partnership" includes a limited liability company formed under Chapter 1705. of the Revised Code or under the laws of any other state, provided that the company is not classified for federal income tax purposes as an association taxable as a corporation.
(7) "Partner" includes a member of a limited liability company formed under Chapter 1705. of the Revised Code or under the laws of any other state, provided that the company is not classified for federal income tax purposes as an association taxable as a corporation.
(8) "Distressed area" means either a municipal corporation that has a population of at least fifty thousand or a county that meets two of the following criteria of economic distress, or a municipal corporation the majority of the population of which is situated in such a county:
(a) Its average rate of unemployment, during the most recent five-year period for which data are available, is equal to at least one hundred twenty-five per cent of the average rate of unemployment for the United States for the same period;
(b) It has a per capita income equal to or below eighty per cent of the median county per capita income of the United States as determined by the most recently available figures from the United States census bureau;
(c)(i) In the case of a municipal corporation, at least twenty per cent of the residents have a total income for the most recent census year that is below the official poverty line;
(ii) In the case of a county, in intercensal years, the county has a ratio of transfer payment income to total county income equal to or greater than twenty-five per cent.
(9) "Eligible area" means a distressed area, a labor surplus area, an inner city area, or a situational distress area.
(10) "Inner city area" means, in a municipal corporation that has a population of at least one hundred thousand and does not meet the criteria of a labor surplus area or a distressed area, targeted investment areas established by the municipal corporation within its boundaries that are comprised of the most recent census block tracts that individually have at least twenty per cent of their population at or below the state poverty level or other census block tracts contiguous to such census block tracts.
(11) "Labor surplus area" means an area designated as a labor surplus area by the United States department of labor.
(12) "Official poverty line" has the same meaning as in division (A) of section 3923.51 of the Revised Code.
(13) "Situational distress area" means a county or a municipal corporation that has experienced or is experiencing a closing or downsizing of a major employer that will adversely affect the county's or municipal corporation's economy. In order to be designated as a situational distress area, for a period not to exceed thirty-six months, the county or municipal corporation may petition the director of development. The petition shall include written documentation that demonstrates all of the following adverse effects on the local economy:
(a) The number of jobs lost by the closing or downsizing;
(b) The impact that the job loss has on the county's or municipal corporation's unemployment rate as measured by the state director of job and family services;
(c) The annual payroll associated with the job loss;
(d) The amount of state and local taxes associated with the job loss;
(e) The impact that the closing or downsizing has on suppliers located in the county or municipal corporation.
(14) "Cost" has the same meaning and limitation as in section 179(d)(3) of the Internal Revenue Code.
(15) "Baseline years" means:
(a) Calendar years 1992, 1993, and 1994, with regard to a grant claimed for the purchase during calendar year 1995, 1996, 1997, or 1998 of new manufacturing machinery and equipment;
(b) Calendar years 1993, 1994, and 1995, with regard to a grant claimed for the purchase during calendar year 1999 of new manufacturing machinery and equipment;
(c) Calendar years 1994, 1995, and 1996, with regard to a grant claimed for the purchase during calendar year 2000 of new manufacturing machinery and equipment;
(d) Calendar years 1995, 1996, and 1997, with regard to a grant claimed for the purchase during calendar year 2001 of new manufacturing machinery and equipment;
(e) Calendar years 1996, 1997, and 1998, with regard to a grant claimed for the purchase during calendar year 2002 of new manufacturing machinery and equipment;
(f) Calendar years 1997, 1998, and 1999, with regard to a grant claimed for the purchase during calendar year 2003 of new manufacturing machinery and equipment;
(g) Calendar years 1998, 1999, and 2000, with regard to a grant claimed for the purchase during calendar year 2004 of new manufacturing machinery and equipment;
(h) Calendar years 1999, 2000, and 2001, with regard to a grant claimed for the purchase on or after January 1, 2005, and on or before June 30, 2005, of new manufacturing machinery and equipment.
(16) "Related member" has the same meaning as in section 5733.042 of the Revised Code.
(17) "Qualifying controlled group" has the same meaning as in section 5733.04 of the Revised Code.
(18) "Tax liability" has the same meaning as in section 122.172 of the Revised Code.
(B)(1) Subject to divisions (I) and (J) of this section, a grant is allowed against the tax imposed by section 5733.06 or 5747.02 of the Revised Code for a taxpayer that purchases new manufacturing machinery and equipment during the qualifying period, provided that the new manufacturing machinery and equipment are installed in this state not later than June 30, 2006. The taxpayer need not be a manufacturer.
(2)(a) Except as otherwise provided in division (B)(2)(b) of this section, a grant may be claimed under this section in excess of one million dollars only if the cost of all manufacturing machinery and equipment owned in this state by the taxpayer claiming the grant on the last day of the calendar year exceeds the cost of all manufacturing machinery and equipment owned in this state by the taxpayer on the first day of that calendar year.
As used in division (B)(2)(a) of this section, "calendar year" means the calendar year in which the machinery and equipment for which the grant is claimed was purchased.
(b) Division (B)(2)(a) of this section does not apply if the taxpayer claiming the grant applies for and is issued a waiver of the requirement of that division. A taxpayer may apply to the director of development for such a waiver in the manner prescribed by the director, and the director may issue such a waiver if the director determines that granting the grant is necessary to increase or retain employees in this state, and that the grant has not caused relocation of manufacturing machinery and equipment among counties within this state for the primary purpose of qualifying for the grant.
(C)(1) Except as otherwise provided in division (C)(2) and division (I) of this section, the grant amount is equal to seven and one-half per cent of the excess of the cost of the new manufacturing machinery and equipment purchased during the calendar year for use in a county over the county average new manufacturing machinery and equipment investment for that county.
(2) Subject to division (I) of this section, as used in division (C)(2) of this section, "county excess" means the taxpayer's excess cost for a county as computed under division (C)(1) of this section.
Subject to division (I) of this section, a taxpayer with a county excess, whose purchases included purchases for use in any eligible area in the county, the grant amount is equal to thirteen and one-half per cent of the cost of the new manufacturing machinery and equipment purchased during the calendar year for use in the eligible areas in the county, provided that the cost subject to the thirteen and one-half per cent rate shall not exceed the county excess. If the county excess is greater than the cost of the new manufacturing machinery and equipment purchased during the calendar year for use in eligible areas in the county, the grant amount also shall include an amount equal to seven and one-half per cent of the amount of the difference.
(3) If a taxpayer is allowed a grant for purchases of new manufacturing machinery and equipment in more than one county or eligible area, it shall aggregate the amount of those grants each year.
(4) Except as provided in division (J) of this section, the taxpayer shall claim one-seventh of the grant amount for the taxable year ending in the calendar year in which the new manufacturing machinery and equipment is purchased for use in the county by the taxpayer or partnership. One-seventh of the taxpayer grant amount is allowed for each of the six ensuing taxable years. Except for carried-forward amounts, the taxpayer is not allowed any grant amount remaining if the new manufacturing machinery and equipment is sold by the taxpayer or partnership or is transferred by the taxpayer or partnership out of the county before the end of the seven-year period unless, at the time of the sale or transfer, the new manufacturing machinery and equipment has been fully depreciated for federal income tax purposes.
(5)(a) A taxpayer that acquires manufacturing machinery and equipment as a result of a merger with the taxpayer with whom commenced the original use in this state of the manufacturing machinery and equipment, or with a taxpayer that was a partner in a partnership with whom commenced the original use in this state of the manufacturing machinery and equipment, is entitled to any remaining or carried-forward grant amounts to which the taxpayer was entitled.
(b) A taxpayer that enters into an agreement under division (C)(3) of section 5709.62 of the Revised Code and that acquires manufacturing machinery or equipment as a result of purchasing a large manufacturing facility, as defined in section 5709.61 of the Revised Code, from another taxpayer with whom commenced the original use in this state of the manufacturing machinery or equipment, and that operates the large manufacturing facility so purchased, is entitled to any remaining or carried-forward grant amounts to which the other taxpayer who sold the facility would have been entitled under this section had the other taxpayer not sold the manufacturing facility or equipment.
(c) New manufacturing machinery and equipment is not considered sold if a pass-through entity transfers to another pass-through entity substantially all of its assets as part of a plan of reorganization under which substantially all gain and loss is not recognized by the pass-through entity that is transferring the new manufacturing machinery and equipment to the transferee and under which the transferee's basis in the new manufacturing machinery and equipment is determined, in whole or in part, by reference to the basis of the pass-through entity that transferred the new manufacturing machinery and equipment to the transferee.
(d) Division (C)(5) of this section applies only if the acquiring taxpayer or transferee does not sell the new manufacturing machinery and equipment or transfer the new manufacturing machinery and equipment out of the county before the end of the seven-year period to which division (C)(4) of this section refers.
(e) Division (C)(5)(b) of this section applies only to the extent that the taxpayer that sold the manufacturing machinery or equipment, upon request, timely provides to the tax commissioner any information that the tax commissioner considers to be necessary to ascertain any remaining or carried-forward amounts to which the taxpayer that sold the facility would have been entitled under this section had the taxpayer not sold the manufacturing machinery or equipment. Nothing in division (C)(5)(b) or (e) of this section shall be construed to allow a taxpayer to claim any grant amount with respect to the acquired manufacturing machinery or equipment that is greater than the amount that would have been available to the other taxpayer that sold the manufacturing machinery or equipment had the other taxpayer not sold the manufacturing machinery or equipment.
(D) The taxpayer shall claim the grant allowed by this section in the manner provided by section 122.172 of the Revised Code. Any portion of the grant in excess of the taxpayer's tax liability for the taxable year shall not be refundable but may be carried forward for the next three consecutive taxable years.
(E) A taxpayer purchasing new manufacturing machinery and equipment and intending to claim the grant shall file, with the director of development, a notice of intent to claim the grant on a form prescribed by the director of development. The director of development shall inform the tax commissioner of the notice of intent to claim the grant. No grant may be claimed under this section for any manufacturing machinery and equipment with respect to which a notice was not filed by the date of a timely filed return, including extensions, for the taxable year that includes September 30, 2005, but a notice filed on or before such date under division (E) of section 5733.33 of the Revised Code of the intent to claim the credit under that section or section 5747.31 of the Revised Code also shall be considered a notice of the intent to claim a grant under this section.
(F) The director of development shall annually certify, by the first day of January of each year during the qualifying period, the eligible areas for the tax grant for the calendar year that includes that first day of January. The director shall send a copy of the certification to the tax commissioner.
(G) New manufacturing machinery and equipment for which a taxpayer claims the credit under section 5733.31, 5733.311, 5747.26, or 5747.261 of the Revised Code shall not be considered new manufacturing machinery and equipment for purposes of the grant under this section.
(H)(1) Notwithstanding sections 5733.11 and 5747.13 of the Revised Code, but subject to division (H)(2) of this section, the tax commissioner may issue an assessment against a person with respect to a grant claimed under this section for new manufacturing machinery and equipment described in division (A)(1)(b) or (2)(b) of this section, if the machinery or equipment subsequently does not qualify for the grant.
(2) Division (H)(1) of this section shall not apply after the twenty-fourth month following the last day of the period described in divisions (A)(1)(b) and (2)(b) of this section.
(I) Notwithstanding any other provision of this section to the contrary, in the case of a qualifying controlled group, the grant available under this section to a taxpayer or taxpayers in the qualifying controlled group shall be computed as if all corporations in the group were a single corporation. The grant shall be allocated to such a taxpayer or taxpayers in the group in any amount elected for the taxable year by the group. The election shall be revocable and amendable during the period described in division (B) of section 5733.12 of the Revised Code.
This division applies to all purchases of new manufacturing machinery and equipment made on or after January 1, 2001, and to all baseline years used to compute any grant attributable to such purchases; provided, that this division may be applied solely at the election of the qualifying controlled group with respect to all purchases of new manufacturing machinery and equipment made before that date, and to all baseline years used to compute any grant attributable to such purchases. The qualifying controlled group at any time may elect to apply this division to purchases made prior to January 1, 2001, subject to the following:
(1) The election is irrevocable;
(2) The election need not accompany a timely filed report, but the election may accompany a subsequently filed but timely application for refund, a subsequently filed but timely amended report, or a subsequently filed but timely petition for reassessment.
(J) Except as provided in division (B) of section 122.172 of the Revised Code, no grant under this section may be claimed for any taxable year for which a credit is allowed under section 5733.33 or 5747.31 of the Revised Code. If the tax imposed by section 5733.06 of the Revised Code for which a grant is allowed under this section has been prorated under division (G)(2) of section 5733.01 of the Revised Code, the grant shall be prorated by the same percentage as the tax.
Sec. 122.18. (A) As used in this section:
(1) "Facility" means all real property and interests in
real property owned by a either of the following:
(a) A landlord and leased to a tenant pursuant
to a project that is the subject of an agreement under this
section;
(b) The United States or any department, agency, or instrumentality of the United States.
(2) "Full-time employee" has the same meaning as under
section 122.17 of the Revised Code;.
(3) "Landlord" means a county or municipal corporation, or
a corporate entity that is an instrumentality of a county or
municipal corporation and that is not subject to the tax imposed
by section 5733.06 or
5747.02 of the Revised Code;.
(4) "New employee" means a full-time employee first
employed by, or under or pursuant to a contract with, the tenant in the project that is the subject of the
agreement after a landlord enters into an agreement with the tax
credit authority under this section;.
(5) "New income tax revenue" means the total amount
withheld under section 5747.06 of the Revised Code by the tenant or tenants
at a facility during a year from the compensation of new
employees for the tax levied under Chapter 5747. of the Revised
Code;.
(6) "Retained income tax revenue" means the total amount withheld under section 5747.06 of the Revised Code from employees retained at an existing facility recommended for closure to the base realignment and closure commission in the United States department of defense.
(7) "Tenant" means the United States, any department,
agency, or instrumentality of the United States, or any person under contract with the United States or any department, agency, or instrumentality of the United States.
(B) The tax credit authority may enter into an agreement
with a landlord under which an annual payment equal to the new
income tax revenue or retained income tax revenue, as applicable, or the amount called for under division (D)(3)
or (4) of this section shall be made to the landlord from moneys
of this state that were not raised by taxation, and shall be
credited by the landlord to the rental owing from the tenant to
the landlord for a facility.
(C) A landlord that proposes a project to create new jobs
in this state or retain jobs in this state at an existing facility recommended for closure or realignment to the base realignment and closure commission in the United States department of defense may apply to the tax credit authority to enter into
an agreement for annual payments under this section. The
director of development shall prescribe the form of the
application. After receipt of an application, the authority may
enter into an agreement with the landlord for annual payments
under this section if it determines all of the following:
(1) The project will create new jobs in this state; or retain jobs at a facility recommended for closure or realignment to the base realignment and closure commission in the United States department of defense.
(2) The project is economically sound and will benefit the
people of this state by increasing opportunities for employment
and strengthening the economy of this state;.
(3) Receiving the annual payments will be a major factor
in the decision of the landlord and tenant to go forward with the
project.
(D) An agreement with a landlord for annual payments shall
include all of the following:
(1) A description of the project that is the subject of
the agreement;
(2) The term of the agreement, which shall not exceed twenty years;
(3) Based on the estimated new income tax revenue or retained income tax revenue, as applicable, to be
derived from the facility at the time the agreement is entered
into, provision for a guaranteed payment to the landlord
commencing with the issuance by the landlord of any bonds or
other forms of financing for the construction of the facility and
continuing for the term approved by the authority;
(4) Provision for offsets to this state of the annual
payment in years in which such annual payment is greater than the
guaranteed payment of amounts previously paid by this
state to the landlord in excess of the new income tax revenue or retained income tax revenue, as applicable, by
reason of the guaranteed payment;
(5) A specific method for determining how many new
employees are employed during a year;
(6) A requirement that the landlord annually shall obtain
from the tenant and report to the director of development the
number of new employees, and the new income tax revenue withheld in
connection with the new employees, or the number of retained employees and the retained income tax revenue withheld in connection with the retained employees, as applicable, and any other information the
director needs to perform the director's duties under this
section;
(7) A requirement that the director of development
annually shall verify the amounts reported under division (D)(6)
of this section, and after doing so shall issue a certificate to
the landlord stating that the amounts have been verified.
(E) The director of development, in accordance with
Chapter 119. of the Revised Code, shall adopt rules necessary to
implement this section.
Sec. 122.40. (A) There is hereby created the development
financing advisory council to assist in carrying out the programs
created pursuant to sections 122.39 to 122.62 and Chapter 166. of
the Revised Code.
(B) The council shall consist of seven members appointed
by the governor, with the advice and consent of the senate, who are
selected for their knowledge of and experience in economic
development financing, one member of the senate appointed by the
president of the senate, one member of the house of
representatives appointed by the speaker of the house of
representatives, and the director of development or the director's designee. With respect to the
council:
(1) No more than four members of the council appointed by
the governor shall be members of the same political party.
(2) Each member shall hold office from the date of the member's
appointment until the end of the term for which the member
was appointed.
(3) The terms of office for the seven members appointed by
the governor shall be for five years commencing on the first day
of January and ending on the thirty-first day of December. The seven members appointed by the governor who are serving terms of office of seven years on the effective date of this amendment December 30, 2004, shall continue to serve those terms, but their successors in office, including the filling of a vacancy occurring prior to the expiration of those terms, shall be appointed for terms of five years in accordance with this division.
(4) Any member of the council is eligible for
reappointment.
(5) As a term of a member of the council appointed by the
governor expires, the governor shall appoint a successor with the
advice and consent of the senate.
(6) Except as otherwise provided in division (B)(3) of this section, any member appointed to fill a vacancy occurring prior
to the expiration of the term for which the member's predecessor was
appointed shall hold office for the remainder of the
predecessor's term.
(7) Any member shall continue in office subsequent to the
expiration date of the member's term until the
member's successor takes office, or
until a period of sixty days has elapsed, whichever occurs first.
(8) Before entering upon duties as a member of the council,
each member shall
take an oath provided by Section 7 of Article XV, Ohio
Constitution.
(9) The governor may, at any time, remove any nonlegislative member
pursuant to section 3.04 of the Revised Code.
(10) Members of the council, notwithstanding section
101.26
of the Revised Code with respect to members who are members of
the general assembly, shall receive their necessary and actual
expenses while engaged in the business of the council and
shall be
paid at the per diem rate of step 1, pay range 31, of section
124.15 of the Revised Code.
(11) Four Six members of the council constitute a quorum and the affirmative vote of six members is necessary for any action taken by the council.
(12) In the event of the absence of a member appointed by
the president of the senate or by the speaker of the house of
representatives, the following persons may serve in the member's
absence: the president of the senate or the speaker of the
house, as the case may be, or a member of the senate or of the
house of representatives, of the same political party as the
development financing advisory council member, designated
by the
president of the senate or the speaker of the house.
Sec. 122.603.
(A)(1) Upon approval by the director of
development and after entering
into a participation agreement with
the department of development, a participating financial
institution making a
capital access
loan shall establish a program
reserve account.
The
account shall
be an interest-bearing account
and shall contain
only moneys deposited into it
under the program
and the interest
payable on the moneys in the account.
(2) All interest payable on the moneys in the program
reserve account
shall be added to the moneys and held as an
additional
loss reserve. The director may require that a portion
or all of
the accrued interest so held in the account
be released
to the department. If the director causes a release of accrued
interest, the director shall deposit the released amount into the capital access loan program
fund created in section 122.601 of the Revised Code. The director shall not
require the release of that accrued
interest more than twice in
a
fiscal year.
(B) When a participating financial institution makes a
capital
access loan, it shall require
the eligible business to pay
to the participating financial institution a
fee in an amount that
is not less than one and one-half per cent,
and not more than
three per cent, of the principal amount of the
loan. The
participating financial institution
shall deposit the fee into its
program reserve account,
and it also shall deposit into the
account an amount of its own funds equal to the amount of the fee.
The
participating
financial institution may recover from the
eligible business all or part of
the amount that the participating
financial institution is
required to deposit into the account
under this division in any manner agreed
to by the
participating
financial institution and the eligible business.
(C) For each capital access loan made by a participating
financial institution,
the participating financial institution
shall certify to the director, within
a period specified by the
director, that the
participating financial institution has made
the loan. The certification shall include the amount of the loan,
the
amount of the fee received from the eligible business, the
amount of its own
funds that the
participating financial
institution deposited into its program
reserve account to reflect
that fee, and any other information specified by
the director.
(D) On Upon receipt of each of the first three certifications from a participating financial institution made under division (C) of this section and subject to section 122.602 of the Revised Code, the director shall disburse to the participating financial institution from the capital access loan program fund an amount equal to fifty per cent of the principal amount of the particular capital access loan for deposit into the participating financial institution's program reserve account. Thereafter, upon receipt of a certification from that participating financial institution made under division
(C) of
this section and
subject to section 122.602 of the Revised Code,
the director shall
disburse to the participating financial
institution from the capital access loan program fund an amount
equal to ten per
cent of the
principal amount of
the particular capital access loan for deposit
into the participating
financial
institution's program reserve
account. The disbursement of moneys from the fund to a
participating financial institution does not require approval from
the controlling board.
(E) If the amount in a program reserve account exceeds an
amount
equal to thirty-three per cent of a participating financial
institution's
outstanding capital access loans, the
department may
cause the withdrawal of the excess amount and the deposit of
the
withdrawn amount into the capital access loan program fund.
(F)(1) The department may cause the withdrawal of the total
amount
in a participating financial institution's program reserve
account if any of the following
applies:
(a) The financial institution is no longer eligible to
participate
in the program.
(b) The participation agreement expires without renewal by
the
department or the financial institution.
(c) The financial institution has no outstanding
capital
access loans.
(d) The financial institution has not made a capital
access
loan within the preceding twenty-four months.
(2) If the department causes a withdrawal under division
(F)(1) of this section, the department shall deposit the withdrawn
amount into the capital access loan program fund.
Sec. 122.71. As used in sections 122.71 to 122.83 of
the
Revised Code:
(A)
"Financial institution" means any banking corporation,
trust company, insurance company, savings and loan association,
building and loan association, or corporation, partnership,
federal lending agency, foundation, or other institution engaged
in lending or investing funds for industrial or business
purposes.
(B)
"Project" means any real or personal property
connected
with or being a part of an industrial, distribution,
commercial,
or research facility to be acquired, constructed,
reconstructed,
enlarged, improved, furnished, or equipped, or any
combination
thereof, with the aid provided under sections 122.71
to 122.83 of
the Revised Code, for industrial,
commercial,
distribution, and
research development of the state.
(C)
"Mortgage" means the lien imposed on a project by a
mortgage on real property, or by financing statements on personal
property, or a combination of a mortgage and financing statements
when a project consists of both real and personal property.
(D)
"Mortgagor" means the principal user of a project or
the
person, corporation, partnership, or association
unconditionally
guaranteeing performance by the principal user of
its obligations
under the mortgage.
(E)(1)
"Minority business enterprise" means an individual
who
is a United States citizen and owns and controls a business,
or a
partnership, corporation, or joint venture of any kind that is
owned and controlled by United States citizens, which citizen
or
citizens are
residents of
this state
and
are
members of one of
the following
economically
disadvantaged groups:
Blacks or African Americans, American
Indians, Hispanics or Latinos, and
Orientals Asians.
(2)
"Owned and controlled" means that at least fifty-one
per
cent of the business, including corporate stock if a
corporation,
is owned by persons who belong to one or more of the
groups set
forth in division (E)(1) of this section, and that
those owners
have control over the management and
day-to-day
operations of the
business and an interest in the capital,
assets, and profits and
losses of the business proportionate to
their percentage of
ownership. In order to qualify as a minority
business enterprise,
a business shall have been owned and
controlled by those persons
at least one year prior to
being
awarded a contract pursuant to
this section.
(F)
"Community improvement corporation" means a
corporation
organized under Chapter 1724. of the Revised Code.
(G)
"Ohio development corporation" means a corporation
organized under Chapter 1726. of the Revised Code.
(H)
"Minority contractors business assistance organization"
means an entity engaged in the provision of management and
technical business assistance to minority business enterprise
entrepreneurs.
(I)
"Minority business supplier development council" means a
nonprofit organization established as an affiliate of the national
minority supplier development council.
(J) "Regional economic development entity" means an entity that is under contract with the director of development to administer a loan program under this chapter in a particular area of the state.
Sec. 122.72. (A) There is hereby created the minority
development financing advisory board to assist in carrying
out the programs created pursuant to sections 122.71 to 122.89 122.90 of the Revised
Code.
(B) The board shall consist of seven ten members. The director of development or the director's designee shall be a voting member on the board. Seven members shall be appointed by
the governor with the advice and consent of the senate and
selected because of their knowledge of and experience in
industrial, business, and commercial financing, suretyship,
construction, and their understanding of the problems of minority
business enterprises; one member also shall be a member of the senate and appointed by the
president of the senate, and one member also shall be a member of the house of
representatives and
appointed by the speaker of the house of representatives. With respect to the
board, all of the following apply:
(1) Not more than four of the members of the board appointed by the
governor shall be of the same political party.
(2) Each member shall hold office from the date of the member's appointment
until the end of the term for which the member was appointed.
(3) The terms of office for the seven members appointed
by the governor shall be for seven years, commencing on the first
day of October and ending on the
thirtieth day of September of the seventh year, except that of the original
seven members, three shall be
appointed for three years and two shall be appointed for five
years.
(4) Any member of the board is eligible for
reappointment.
(5) Any member appointed to fill a vacancy occurring prior to the
expiration of the term for which his the member's predecessor
was appointed shall hold office for the remainder of his the
predecessor's term.
(6) Any member shall continue in office subsequent to the expiration
date of his the member's term until his the member's
successor takes office, or until a period of sixty days has elapsed, whichever
occurs first.
(7) Before entering upon his official duties as a member of
the board, each member shall take an oath
as provided by Section 7 of Article XV, Ohio Constitution.
(8) The governor may, at any time, remove any member appointed by
him the governor pursuant to section 3.04 of the Revised Code.
(9) Notwithstanding section 101.26 of the Revised Code, members shall
receive their necessary and actual expenses while engaged in the business of
the board and shall be paid at the per diem rate of step 1 of pay range 31 of
section 124.15 of the Revised Code.
(10) Five Six members of the
board constitute a quorum and the affirmative
vote of five six members is necessary for any action taken by the
board.
(11) In the event of the absence of a member appointed by the
president of the senate or by the speaker of the house of
representatives, either of the following persons may serve in the member's
absence:
(a) The president of the senate or the speaker of the house of
representatives, whoever appointed the absent member;
(b) A member of the senate or of the house of representatives
of the same political party as the absent member, as designated by the
president of the senate or the speaker of the house of representatives,
whoever appointed the absent member.
(12) The board shall annually elect one of its members as chairman
chairperson and another as vice-chairman
vice-chairperson.
Sec. 122.73. (A) The minority development financing advisory board and the
director of development are invested with
the powers and duties provided in sections 122.71 to
122.89 122.90 of
the Revised Code, in order to promote the welfare of the people
of the state by encouraging the establishment and expansion of
minority business enterprises,; to stabilize the
economy,; to provide employment,; to assist in the development
within the state of industrial, commercial, distribution, and
research activities required for the people of the state, and for
their gainful employment,; or otherwise to create or preserve jobs
and employment opportunities, or improve the economic welfare of
the people of the state. It is hereby determined that the
accomplishment of those purposes is essential so that the people
of the state may maintain their present high standards of living
in comparison with the people of other states and so that
opportunities for employment and for favorable markets for the
products of the state's natural resources, agriculture, and
manufacturing shall be improved and. It further is determined that it is necessary for the
state to establish the programs authorized under sections 122.71 to 122.89 122.90
of the Revised Code to establish the minority development financing
advisory board, and to invest it and the director of development with the
powers and duties provided in sections 122.71 to 122.89 122.90 of the
Revised Code.
(B) The minority development financing advisory board shall
do all of the following:
(1) Make recommendations to the director as to applications for assistance
pursuant to sections 122.71 to 122.89 122.90 of the Revised Code. The board may
revise its recommendations to reflect any changes in the proposed assistance
made by the director.
(2) Advise the director in the administration of sections 122.71 to 122.89 122.90 of
the Revised Code.
(3) Adopt bylaws to govern the conduct of the business of the board.
Sec. 122.74. (A)(1) The director of development shall do all of the following:
(1)(a) Receive applications for assistance under sections 122.71 to 122.89 122.90 of
the Revised Code, and, after processing but subject to division (A)(2) of this section, forward them to the
minority development financing advisory board together with necessary
supporting information;
(2)(b) Receive the recommendations of the board and make a final determination
whether to approve the application for assistance;
(3)(c) Receive recommendations from a regional economic development entity for loans made under section 122.76 of the Revised Code and make a final determination, notwithstanding divisions (A)(1) and (2) of this section, whether to approve the proposed loan;
(d) Transmit the director's determinations to approve assistance to the
controlling board together with any information the controlling board requires
for its review and decision as to whether to approve the assistance.
(2) The director is not required to submit any determination, data, terms, or any other application materials or information to the minority development financing advisory board when provision of the assistance has been recommended to the director by a regional economic development entity.
(B) The director may do all of the following:
(1) Fix the rate of interest and charges to be made upon or with respect
to moneys loaned or guaranteed by the director and the terms upon which
mortgages and lease rentals may be guaranteed and the rates of charges to be
made for them and make provisions for the operation of the funds
established by the director in accordance with this section and sections
122.80 and, 122.88, and 122.90 of the Revised Code;
(2) Loan and guarantee moneys from the fund established in
accordance with
section 122.80 of the Revised Code pursuant to and in compliance with sections
122.71 to
122.89 122.90 of the Revised Code.
(3) Acquire in the name of the director any property of
any kind or
character in accordance with sections 122.71 to 122.89 122.90 of the Revised Code, by
purchase,
purchase at foreclosure, or exchange on such terms and in such manner as the
director considers proper;
(4) Make and enter into all contracts and agreements
necessary or
incidental to the performance of the director's duties and the exercise of the
director's powers under sections 122.71 to 122.89 122.90 of the Revised Code;
(5) Maintain, protect, repair, improve, and insure any
property that the
director has acquired and dispose of it by sale, exchange, or lease for the
consideration and on the terms and in the manner as the director considers
proper, but the director shall not operate any such property as a business
except as the lessor of it;
(6)(a) When the cost of any contract for the maintenance,
protection, repair, or improvement of any property held by the director, other
than compensation for personal services, involves an expenditure of more than
fifty thousand dollars, the director shall make a written contract with the
lowest responsive and responsible bidder in accordance with section 9.312 of
the Revised Code after advertisement for not less than two consecutive weeks
in a newspaper of
general circulation in the county where such contract, or some substantial
part of it, is to be performed, and in such other publications as the director
determines, which notice shall state the general character of the work and the
general character of the materials to be furnished, the place where plans and
specifications therefor may be examined, and the time and place of receiving
bids.
(b) Each bid for a contract for the construction, demolition,
alteration, repair, or reconstruction of an improvement shall contain the full
name of every person interested in it and meet the requirements of section
153.54 of the Revised Code.
(c) Each bid for a contract, except as provided in division
(B)(6)(b) of this section, shall contain the full
name of
every person interested in it and shall be accompanied by bond or certified
check on a solvent bank, in such amount as the director considers sufficient,
that if the bid is accepted a contract will be entered into and the
performance of the proposal secured.
(d) The director may reject any and all bids.
(e) A bond with good and sufficient surety, approved by the
director, shall be required of every contractor awarded a contract except as
provided in division (B)(6)(b) of this section, in
an amount equal to at least fifty per cent of the contract price, conditioned
upon faithful performance of the contract.
(7) Employ or contract with financial consultants,
appraisers, consulting
engineers, superintendents, managers, construction and accounting experts,
attorneys, and other employees and agents as are necessary in the director's
judgment and fix their compensation;
(8) Receive and accept grants, gifts, and contributions of money,
property, labor, and other things of value to be held, used, and applied only
for the purpose for which such the grants, gifts, and contributions are made, from
individuals, private and public corporations, from the United
States or any agency thereof, from the state or any agency thereof,
and from any political subdivision of the state, and may agree to repay any
contribution of money or to return any property contributed or the value
thereof at such times, in such amounts, and on such terms and conditions,
excluding the payment of interest, as the director determines at the time such the
contribution is made, and may evidence such the obligations by notes, bonds, or
other written instruments;
(9) Establish with the treasurer of state the funds
provided in sections
122.80 and 122.88 of the Revised Code in addition to such funds as the
director determines
are necessary or proper;
(10) Adopt rules under Chapter 119. of the Revised Code
necessary to implement
sections 122.71 to 122.83 122.90 of the Revised Code.
(11) Do all acts and things necessary or proper to carry out the
powers
expressly granted and the duties imposed in sections 122.71 to 122.89 122.90 of the
Revised Code.
(C)(1) All expenses and obligations incurred by the director in
carrying out the director's powers and in exercising the
director's duties under sections
122.71 to 122.89 122.90 of the Revised Code shall be payable solely from revenues or
other receipts
or income of the director, from grants, gifts, and contributions, or funds
established in accordance with such sections. Such sections do not authorize
the director to incur indebtedness or to impose liability on the state or any
political subdivision of the state.
(2) Financial statements and other data submitted to the director by any
corporation, partnership, or person in connection with financial assistance
provided under sections 122.71 to 122.89 122.90 of the Revised Code, or any
information taken from such statements or data for any purpose, shall not be
open to public inspection.
Sec. 122.75. The director of development shall, for the
minority business development loan program and, the minority
business bonding program, and the minority business bond guarantee program under sections 122.87 to 122.89 122.90 of
the Revised Code, do all of the following:
(A) Hire employees, consultants, and agents and fix their
compensation;
(B) Adopt bylaws and rules for the regulation of the
business of the minority development financing advisory board;
(C) Receive and accept grants, gifts, and contributions of
money, property, labor, and other things of value, to be held,
used, and applied only for the purpose for which the grants,
gifts, and contributions are made, from individuals, private and
public corporations, the United States or any agency of the
United States, the state or any agency of the state, and
any political subdivision of the state. The director may agree to repay any
contribution of money
or to return any property contributed or its value at such times,
in such amounts, and on such terms and conditions, excluding the
payment of interest, as the director determines at the time the
contribution is made. The director may evidence the obligations
by written contracts, subject to section 122.76 of the Revised
Code; provided, that the director shall not thereby incur
indebtedness of or impose liability upon the state or any
political subdivision.
(D) Establish funds with the treasurer of state in
addition to the minority business bonding fund created under
section 122.88 of the Revised Code;
(E) Invest money in the funds the director establishes pursuant
to division (D) of this section that is in excess of current needs,
in notes, bonds, or other obligations that are direct obligations
of or are guaranteed by the United States, or in certificates of
deposit or withdrawable accounts of banks, trust companies, and or
savings and loan associations organized under the laws of this state or the
United States, and may credit
the income or sell the investments at the director's
discretion;
(F) Acquire any property of any kind or character in
accordance with sections 122.71 to 122.83 of the Revised
Code, by purchase, purchase at foreclosure, or exchange on terms and in a
manner the director considers proper;
(G)(1) Maintain, protect, repair, improve, and insure any
property the director has acquired and dispose of it by sale,
exchange, or
lease for the consideration and on terms and in a manner the
director considers proper. The director may not operate any property as a
business except as a lessor of the property. When the cost of any
contract for the maintenance, protection, repair, or improvement
of any property of the advisory board connected with the minority
business development loan program, other than compensation for
personal services, involves an expenditure of more than one
thousand dollars, the director shall enter into a written
contract with the lowest and best bidder after advertisement for
not less than four consecutive weeks in a newspaper of general
circulation in the county where the contract, or some
substantial part of it, is to be performed, and in other
publications as the director determines. The notice shall state
the general character of the work and the general character of
the materials to be furnished, the place where plans and
specifications for the work and materials may be examined, and the time and
place of receiving bids.
(2) Each bid for a contract for the construction,
demolition, alteration, repair, or reconstruction of an
improvement shall contain the full name of every person
interested in it and meet the requirements of section 153.54 of
the Revised Code.
(3) Each bid for a contract, except as provided in division
(G)(2) of this section, shall contain the full name of every
person interested in it and shall be accompanied by a bond or
certified check on a solvent bank, in the amount of ten per cent
of the bid, that if the bid is accepted a contract will be
entered into and the performance of its proposal secured. The
director may reject any or all bids. A bond with good and
sufficient surety, approved by the director, shall be required of
all contractors in an amount equal to at least one hundred per
cent of the contract price, conditioned upon faithful performance
of the contract.
(H) Expend money appropriated to the department of
development by the general assembly for the purposes of sections
122.71 to 122.83 and 122.87 to 122.89 122.90 of the Revised Code;
(I) Do all acts and things necessary or proper to carry
out the powers expressly granted and the duties imposed in
sections 122.71 to 122.83 and 122.87 to 122.89 122.90 of the Revised
Code.
Sec. 122.751. The minority development financing
advisory board or a regional economic development entity shall only
consider an application for a loan from any applicant after a certification by
the equal employment opportunity coordinator of the department of
administrative services under division (B)(1) of section 123.151 of the
Revised Code that the applicant is a minority business enterprise, or after a certification by the minority business supplier development council that the applicant is a minority business, and that the
applicant satisfies all criteria regarding eligibility for assistance pursuant
to section 122.76 of the Revised Code.
Sec. 122.76. (A) The director of development, with
controlling board
approval, may lend funds to minority business
enterprises and to community
improvement corporations, Ohio
development corporations, minority contractors business assistance
organizations, and minority business supplier development
councils for the purpose of
loaning funds to minority business
enterprises and for the
purpose of procuring or improving real or
personal property, or
both, for the establishment, location, or
expansion of
industrial, distribution, commercial, or research
facilities in
the state, if the director determines, in the
director's
sole discretion, that all of the following apply:
(1) The project is economically sound and will benefit the
people of the state by increasing opportunities for employment,
by
strengthening the economy of the state, or expanding minority
business enterprises.
(2) The proposed minority business enterprise borrower is
unable to finance the proposed project through ordinary financial
channels at comparable terms.
(3) The value of the project is or, upon completion, will
be at least equal to the total amount of the money
expended in the
procurement or improvement of the project, and
one or more
financial institutions or other
governmental entities have loaned
not less than thirty per cent
of that amount.
(4) The amount to be loaned by the director will not
exceed
sixty per cent of the total amount expended in the
procurement or
improvement of the project.
(5) The amount to be loaned by the director will be
adequately secured by a first or second mortgage upon the
project
or by mortgages, leases, liens, assignments, or pledges
on or of
other property or contracts as the director requires,
and
such
mortgage will not be subordinate to any other liens or
mortgages
except the liens securing loans or investments made by
financial
institutions
referred to
in division (A)(3) of this
section, and
the liens securing loans previously
made by any
financial
institution in connection with the procurement or
expansion of all
or part of a project.
(B) Any proposed minority business enterprise
borrower
submitting an application for assistance under this section shall
not
have defaulted on a previous loan from the director, and no
full or limited
partner,
major shareholder, or holder of an
equity interest of
the proposed minority business enterprise
borrower shall have defaulted
on a loan from the director.
(C) The proposed minority business enterprise borrower
shall
demonstrate to the satisfaction of the director that it is
able to
successfully compete in the private sector if it obtains
the
necessary financial, technical, or managerial support and
that
support is available through the director, the minority
business
development office of the department of development, or
other
identified and acceptable sources. In determining whether
a
minority business enterprise borrower will be able to
successfully
compete, the director may give
consideration to such factors as
the successful completion of or
participation in courses of study,
recognized by the board of
regents as providing financial,
technical, or managerial skills
related to the operation of the
business, by the economically
disadvantaged individual, owner, or
partner, and the prior
success of the individual, owner, or
partner in personal, career,
or business activities, as well as to
other factors identified by
the director.
(D) The director shall not lend funds for the purpose of
procuring or improving motor vehicles, power-driven vehicles,
office
equipment, raw materials, small
tools, supplies,
inventories, or accounts receivable.
Sec. 122.77. (A) The director of development with controlling board approval
may make loan guarantees to small businesses and corporations for the purpose
of guaranteeing loans made to small businesses by financial institutions for
the purpose of procuring or improving real or personal property, or both, for
the establishment, location, or expansion of industrial, distribution,
commercial, or research facilities in the state, if the director determines,
in his the director's sole discretion, that all of the following
apply:
(1) The project is economically sound and will benefit the people of the
state by increasing opportunities for employment, by strengthening the economy
of the state, or expanding minority business enterprises;.
(2) The proposed small business borrower is unable to finance the proposed
project through ordinary financial channels at comparable terms;.
(3) The value of the project is, or upon completion of it will be, at
least equal to the total amount of the money expended in the procurement or
improvement of the project and of which amount one or more financial
institutions or other governmental entities have loaned not less than thirty
per cent;.
(4) The amount to be guaranteed by the director will not exceed fifty eighty per
cent of the total amount expended in the procurement or improvement of the
project;.
(5) The amount to be guaranteed by the director will be adequately secured
by a first or second mortgage upon the project, or by mortgages, leases,
liens, assignments, or pledges on or of other property or contracts as the
director shall require and that such mortgage will not be subordinate to any
other liens or mortgages except the liens securing loans or investments made
by financial institutions referred to in division (A)(3) of this
section, and the liens securing loans previously made by any financial
institution in connection with the procurement or expansion of all or part of
a project.
(B) The proposed small business borrower shall not have defaulted
on a previous loan or guarantee from the director, and no full or limited
partner, or major shareholder, or holder of any equity interest of the
proposed minority business enterprise borrower shall have defaulted on a loan
or guarantee from the director.
(C) The proposed small business borrower shall demonstrate to the
satisfaction of the director that it is able to successfully compete in the
private sector if it obtains the necessary financial, technical, or managerial
support and that support is available through the director, the minority
business development office of the department of development, or other
identified and acceptable sources. In determining whether a small business
borrower will be able to successfully compete, the director may give
consideration to such factors as the successful completion of or participation
in courses of study, recognized by the board of regents as providing
financial, technical, or managerial skills related to the operation of the
business, by the economically disadvantaged individual, owner, or partner, and
the prior success of the individual, owner, or partner in personal, career, or
business activities, as well as to other factors identified by the director.
(D) The director shall not guarantee funds for the purpose of
procuring or improving motor vehicles, power driven vehicles, office
equipment, raw materials, small tools, supplies, inventories, or accounts
receivable.
Sec. 122.78. Fees, charges, rates of
interest, times
of payment of interest and principal, and other terms,
conditions, and provisions of the loans and guarantees made by the director of
development pursuant to sections 122.71 to 122.89 122.90 of the Revised Code shall be
such as the director determines to be appropriate and in
furtherance of the
purpose for which the loans and guarantees are made, but the mortgage lien
securing
any money loaned or guaranteed by the director may be subordinate to
the mortgage
lien securing any money loaned or invested by a financial institution, but
shall be superior to that securing any money loaned or expended
by any other corporation or person. The funds used in making
these loans or guarantees shall be disbursed upon order of the director.
Sec. 122.79. The exercise of the powers granted by
sections 122.71 to 122.89 122.90
of the Revised Code, will be in all respects for the benefit of the people of
the state, for the increase of their commerce and prosperity, for the increase
and expansion of minority business enterprises, and for the improvement of
conditions of employment, and will constitute the performance of essential
governmental functions; therefore, the director of development shall not be
required to pay any taxes upon any property or assets held by him
the director, or upon any property acquired or used by him
the director under sections 122.71 to 122.89 122.90 of the Revised Code, or
upon the income from it, provided that this exemption shall not apply to any
property held by the director while it is in the possession of a private
person, partnership, or corporation and used for private
purposes for profit, in which case such tax liability shall accrue
to such the private person, partnership, or corporation.
Sec. 122.82. All moneys, funds, properties, and assets acquired by the
director of development shall be held by him the director in
trust to carry out his the director's powers
and duties, shall be used as provided in sections 122.71
to 122.89 122.90 of
the
Revised Code, and shall at no time be part of other public funds.
Sec. 122.83. Any person who intentionally misrepresents that person's self as
owning, controlling, operating, or participating in a minority business
enterprise for the purpose of obtaining funds, contracts, subcontracts,
services, or any other benefits under sections 122.71 to 122.85 or 122.87 to
122.89 122.90 of the Revised Code is guilty of theft by deception, pursuant to
section 2913.02 of the Revised Code.
Sec. 122.95. As used in sections 122.95 to 122.952 of the Revised Code:
(A) "Commercial or industrial areas" means areas established by a state, county, municipal, or other zoned either commercial or industrial by the local zoning authority as being most appropriate for business, commerce, industry, or trade or an area not zoned by state or local law, regulation, or ordinance, but in which there is located one or more commercial or industrial activities.
(B) "Eligible county" means any of the following:
(1) A county designated as being in the "Appalachian region" under the "Appalachian Regional Development Act of 1965," 79 Stat. 5, 40 U.S.C. App. 403;
(2) A county that is a "distressed area" as defined in section 122.16 of the Revised Code;
(3) A county that within the previous calendar year has had a population of less than one hundred thousand according to the most recent federal decennial census and in which three hundred fifty or more residents of the county were, during the most recently completed calendar year, permanently or temporarily terminated from a private sector employment position for any reason not reflecting discredit on the employee;
(4) A county that has a population of one hundred thousand or more according to the most recent federal decennial census and in which one thousand or more residents of the county were, during the most recently completed calendar year, permanently or temporarily terminated from a private sector employment position for any reason not reflecting discredit on the employee job loss numbering two hundred or more of which one hundred or more are manufacturing-related as reported in the notices prepared by the department of job and family services pursuant to the "Worker Adjustment and Retraining Notification Act," 102 Stat. 890 (1988), 29 U.S.C. 2101 et seq., as amended.
Sec. 122.951. (A) If the director of development determines that a grant from the industrial site improvement fund will may create new jobs or preserve existing jobs and employment opportunities in an eligible county, the director may grant up to one million five hundred thousand dollars from the fund to the eligible county for the purpose of acquiring commercial or industrial land or buildings and making improvements to commercial or industrial areas within the eligible county, including, but not limited to:
(1) Expanding, remodeling, renovating, and modernizing buildings, structures, and other improvements;
(2) Remediating environmentally contaminated property on which hazardous substances exist under conditions that have caused or would cause the property to be identified as contaminated by the Ohio or United States environmental protection agency; and
(3) Infrastructure improvements, including, but not limited to, site preparation, including building demolition and removal; streets, roads, bridges, and traffic control devices; parking lots and facilities; water and sewer lines and treatment plants; gas, electric, and telecommunications, including broadband, hook-ups; and water and railway access improvements.
A grant awarded under this section shall provide not more than seventy-five per cent of the estimated total cost of the project for which an application is submitted under this section. In addition, not more than ten per cent of the amount of the grant shall be used to pay the costs of professional services related to the project.
(B) An eligible county may apply to the director for a grant under this section in the form and manner prescribed by the director. The eligible county shall include on the application all information required by the director. The application shall require the eligible county to provide a detailed description of how the eligible county would use a grant to improve commercial or industrial areas within the eligible county, and to specify how a grant will lead to the creation of new jobs or the preservation of existing jobs and employment opportunities in the eligible county. The eligible county shall specify in the application the amount of the grant for which the eligible county is applying.
(C) An eligible county that receives a grant under this section is not eligible for any additional grants from the industrial site improvement fund in the fiscal year in which the grant is received and in the subsequent fiscal year.
(D) An eligible county may designate a port authority, community improvement corporation as defined in section 122.71 of the Revised Code, or other economic development entity that is located in the county to apply for a grant under this section. If a port authority, community improvement corporation, or other economic development entity is so designated, references to an eligible county in this section include references to the authority, corporation, or other entity.
Sec. 123.01. (A) The department of administrative
services, in addition to those powers enumerated in Chapters 124.
and 125. of the Revised Code and provided elsewhere by law,
shall exercise the following powers:
(1) To prepare, or contract to be prepared, by licensed
engineers or architects, surveys, general and detailed plans,
specifications, bills of materials, and estimates of cost for any
projects, improvements, or public buildings to be constructed by
state agencies that may be authorized by legislative
appropriations or any other funds made available therefor,
provided that the construction of the projects, improvements, or
public buildings is a statutory duty of the department. This
section does not require the independent employment of an
architect or engineer as provided by section 153.01 of the
Revised Code in the cases to which that section applies nor
affect or alter the existing powers of the director of
transportation.
(2) To have general supervision over the construction of
any projects, improvements, or public buildings constructed for a
state agency and over the inspection of materials previous to
their incorporation into those projects, improvements, or
buildings;
(3) To make contracts for and supervise the construction
of any projects and improvements or the construction and repair
of buildings under the control of a state agency, except
contracts for the repair of buildings under the management and
control of the departments of public safety, job and
family services,
mental health, mental retardation and developmental disabilities,
rehabilitation and correction, and youth services, the bureau of
workers' compensation, the
rehabilitation
services commission, and boards of trustees of educational and
benevolent institutions and except contracts for the construction of projects that do not require the issuance of a building permit or the issuance of a certificate of occupancy and that are necessary to remediate conditions at a hazardous waste facility, solid waste facility, or other location at which the director of environmental protection has reason to believe there is a substantial threat to public health or safety or the environment. These contracts shall be made and
entered into by the directors of public safety, job and
family services,
mental health, mental retardation and developmental disabilities,
rehabilitation and correction, and youth services, the
administrator of workers' compensation, the rehabilitation services commission,
and the
boards of
trustees of such institutions, and the director of environmental protection, respectively. All such contracts
may be in whole or in part on unit price basis of maximum
estimated cost, with payment computed and made upon actual
quantities or units.
(4) To prepare and suggest comprehensive plans for the
development of grounds and buildings under the control of a state
agency;
(5) To acquire, by purchase, gift, devise, lease, or
grant, all real estate required by a state agency, in the
exercise of which power the department may exercise the power of
eminent domain, in the manner provided by sections 163.01 to
163.22 of the Revised Code;
(6) To make and provide all plans, specifications, and
models for the construction and perfection of all systems of
sewerage, drainage, and plumbing for the state in connection with
buildings and grounds under the control of a state agency;
(7) To erect, supervise, and maintain all public monuments
and memorials erected by the state, except where the supervision
and maintenance is otherwise provided by law;
(8) To procure, by lease, storage accommodations for a
state agency;
(9) To lease or grant easements or licenses for
unproductive and unused lands or other property under the control
of a state agency. Such leases, easements, or licenses shall be
granted for a period not to exceed fifteen years and shall be
executed for the state by the director of administrative services
and the governor and shall be approved as to form by the attorney
general, provided that leases, easements, or licenses may be
granted to any county, township, municipal corporation, port
authority, water or sewer district, school district, library
district, health district, park district, soil and water
conservation district, conservancy district, or other political
subdivision or taxing district, or any agency of the United
States government, for the exclusive use of that agency,
political subdivision, or taxing district, without any right of
sublease or assignment, for a period not to exceed fifteen years,
and provided that the director shall grant leases, easements, or
licenses of university land for periods not to exceed twenty-five
years for purposes approved by the respective university's board
of trustees wherein the uses are compatible with the uses and
needs of the university and may grant leases of university land
for periods not to exceed forty years for purposes approved by
the respective university's board of trustees pursuant to section
123.77 of the Revised Code.
(10) To lease office space in buildings for the use of a
state agency;
(11) To have general supervision and care of the
storerooms, offices, and buildings leased for the use of a state
agency;
(12) To exercise general custodial care of all real
property of the state;
(13) To assign and group together state offices in any
city in the state and to establish, in cooperation with the state
agencies involved, rules governing space requirements for office
or storage use;
(14) To lease for a period not to exceed forty years,
pursuant to a contract providing for the construction thereof
under a lease-purchase plan, buildings, structures, and other
improvements for any public purpose, and, in conjunction
therewith, to grant leases, easements, or licenses for lands
under the control of a state agency for a period not to exceed
forty years. The lease-purchase plan shall provide that at the
end of the lease period, the buildings, structures, and related
improvements, together with the land on which they are situated,
shall become the property of the state without cost.
(a) Whenever any building, structure, or other improvement
is to be so leased by a state agency, the department shall retain
either basic plans, specifications, bills of materials, and
estimates of cost with sufficient detail to afford bidders all
needed information or, alternatively, all of the following plans,
details, bills of materials, and specifications:
(i) Full and accurate plans suitable for the use of
mechanics and other builders in the improvement;
(ii) Details to scale and full sized, so drawn and
represented as to be easily understood;
(iii) Accurate bills showing the exact quantity of
different kinds of material necessary to the construction;
(iv) Definite and complete specifications of the work to
be performed, together with such directions as will enable a
competent mechanic or other builder to carry them out and afford
bidders all needed information;
(v) A full and accurate estimate of each item of expense
and of the aggregate cost thereof.
(b) The department shall give public notice, in such
newspaper, in such form, and with such phraseology as the
director of administrative services prescribes, published once
each week for four consecutive weeks, of the time when and place
where bids will be received for entering into an agreement to
lease to a state agency a building, structure, or other
improvement. The last publication shall be at least eight days
preceding the day for opening the bids. The bids shall contain
the terms upon which the builder would propose to lease the
building, structure, or other improvement to the state agency.
The form of the bid approved by the department shall be used, and
a bid is invalid and shall not be considered unless that form is
used without change, alteration, or addition. Before submitting
bids pursuant to this section, any builder shall comply with
Chapter 153. of the Revised Code.
(c) On the day and at the place named for receiving bids
for entering into lease agreements with a state agency, the
director of administrative services shall open the bids and shall
publicly proceed immediately to tabulate the bids upon duplicate
sheets. No lease agreement shall be entered into until the
bureau of workers' compensation has certified that the person to
be awarded the lease agreement has complied with Chapter 4123. of
the Revised Code, until, if the builder submitting the lowest and
best bid is a foreign corporation, the secretary of state has
certified that the corporation is authorized to do business in
this state, until, if the builder submitting the lowest and best
bid is a person nonresident of this state, the person has filed
with the secretary of state a power of attorney designating the
secretary of state as its agent for the purpose of accepting
service of summons in any action brought under Chapter 4123. of
the Revised Code, and until the agreement is submitted to the
attorney general and the attorney general's approval is certified
thereon. Within
thirty days after the day on which the bids are received, the
department shall investigate the bids received and shall
determine that the bureau and the secretary of state have made
the certifications required by this section of the builder who
has submitted the lowest and best bid. Within ten days of the
completion of the investigation of the bids, the department shall
award the lease agreement to the builder who has submitted the
lowest and best bid and who has been certified by the bureau and
secretary of state as required by this section. If bidding for
the lease agreement has been conducted upon the basis of basic
plans, specifications, bills of materials, and estimates of
costs, upon the award to the builder the department, or the
builder with the approval of the department, shall appoint an
architect or engineer licensed in this state to prepare such
further detailed plans, specifications, and bills of materials as
are required to construct the building, structure, or
improvement. The department shall adopt such rules as are
necessary to give effect to this section. The department may
reject any bid. Where there is reason to believe there is
collusion or combination among bidders, the bids of those
concerned therein shall be rejected.
(15) To acquire by purchase, gift, devise, or grant and to
transfer, lease, or otherwise dispose of all real property
required to assist in the development of a conversion facility as
defined in section 5709.30 of the Revised Code as that section existed before its repeal by Amended Substitute House Bill 95 of the 125th general assembly;
(16) To lease for a period not to exceed forty years,
notwithstanding any other division of this section, the
state-owned property located at 408-450 East Town Street,
Columbus, Ohio, formerly the state school for the deaf, to a
developer in accordance with this section. "Developer," as used
in this section, has the same meaning as in section 123.77 of the
Revised Code.
Such a lease shall be for the purpose of development of the
land for use by senior citizens by constructing, altering,
renovating, repairing, expanding, and improving the site as it
existed on June 25, 1982. A developer desiring to lease the land
shall prepare for submission to the department a plan for
development. Plans shall include provisions for roads, sewers,
water lines, waste disposal, water supply, and similar matters to
meet the requirements of state and local laws. The plans shall
also include provision for protection of the property by
insurance or otherwise, and plans for financing the development,
and shall set forth details of the developer's financial
responsibility.
The department may employ, as employees or consultants,
persons needed to assist in reviewing the development plans.
Those persons may include attorneys, financial experts,
engineers, and other necessary experts. The department shall
review the development plans and may enter into a lease if it
finds all of the following:
(a) The best interests of the state will be promoted by
entering into a lease with the developer;
(b) The development plans are satisfactory;
(c) The developer has established the developer's financial
responsibility and satisfactory plans for financing the
development.
The lease shall contain a provision that construction or
renovation of the buildings, roads, structures, and other
necessary facilities shall begin within one year after the date
of the lease and shall proceed according to a schedule agreed to
between the department and the developer or the lease will be
terminated. The lease shall contain such conditions and
stipulations as the director considers necessary to preserve the
best interest of the state. Moneys received by the state
pursuant to this lease shall be paid into the general revenue
fund. The lease shall provide that at the end of the lease
period the buildings, structures, and related improvements shall
become the property of the state without cost.
(17) To lease to any person any tract of land owned by the
state and under the control of the department, or any part of
such a tract, for the purpose of drilling for or the pooling of
oil or gas. Such a lease shall be granted for a period not
exceeding forty years, with the full power to contract for,
determine the conditions governing, and specify the amount the
state shall receive for the purposes specified in the lease, and
shall be prepared as in other cases.
(18) To manage the use of space owned and controlled by the department, including space in property under the jurisdiction of the Ohio building authority, by doing all of the following:
(a) Biennially implementing, by state agency location, a census of agency employees assigned space;
(b) Periodically in the discretion of the director of administrative services:
(i) Requiring each state agency to categorize the use of space allotted to the agency between office space, common areas, storage space, and other uses, and to report its findings to the department;
(ii) Creating and updating a master space utilization plan for all space allotted to state agencies. The plan shall incorporate space utilization metrics.
(iii) Conducting a cost-benefit analysis to determine the effectiveness of state-owned buildings;
(iv) Assessing the alternatives associated with consolidating the commercial leases for buildings located in Columbus.
(c) Commissioning a comprehensive space utilization and capacity study in order to determine the feasibility of consolidating existing commercially leased space used by state agencies into a new state-owned facility.
(B) This section and section 125.02 of the Revised Code
shall not interfere with any of the following:
(1) The power of the adjutant general to purchase military
supplies, or with the custody of the adjutant general of property
leased, purchased, or constructed by the state and used for
military purposes, or with the functions of the adjutant general
as director of state armories;
(2) The power of the director of transportation in
acquiring rights-of-way for the state highway system, or the
leasing of lands for division or resident district offices, or
the leasing of lands or buildings required in the maintenance
operations of the department of transportation, or the purchase of
real property
for garage sites or division or resident district offices, or in
preparing plans and specifications for and constructing such
buildings as the director may require in the administration of
the department;
(3) The power of the director of public safety and the
registrar of motor vehicles to purchase or lease real property
and buildings to be used solely as locations to which a deputy
registrar is assigned pursuant to division (B) of section
4507.011 of the Revised Code and from which the deputy registrar is
to conduct the deputy registrar's business, the power of the director of
public safety to purchase or lease real property and buildings to be used as
locations for division or district offices as required in the maintenance of
operations of the department of public safety, and the power of the
superintendent of the state
highway patrol in the purchase or leasing of real property and
buildings needed by the patrol, to negotiate the sale of real property owned
by the patrol, to rent or lease real property owned or leased by the patrol,
and to make or cause to be made repairs to all property owned or under the
control of the patrol;
(4) The power of the division of liquor control in the
leasing or purchasing of retail outlets and warehouse facilities
for the use of the division;
(5) The power of the director of development to enter into leases
of real property, buildings, and office space to be used solely as locations
for the state's foreign offices to carry out the purposes of section 122.05
of the Revised Code;
(6) The power of the director of environmental protection to enter into environmental covenants, to grant and accept easements, or to sell property pursuant to division (G) of section 3745.01 of the Revised Code.
(C) Purchases for, and the custody and repair of,
buildings under the management and control of the capitol square
review and advisory board, the rehabilitation services commission, the bureau of
workers' compensation, or the
departments of public safety,
job and family services, mental health, mental retardation
and
developmental disabilities, and rehabilitation and correction,
and buildings of educational and benevolent institutions under
the management and control of boards of trustees, are not subject
to the control and jurisdiction of the department of
administrative services.
(D) Any instrument by which real property is acquired pursuant to
this section
shall identify the agency of the state that has the use and benefit of the
real property as specified in section 5301.012 of the Revised Code.
Sec. 123.152. (A) As used in this section, "EDGE business enterprise" means a sole proprietorship, association, partnership, corporation, limited liability corporation, or joint venture certified as a participant in the encouraging diversity, growth, and equity program by the director of administrative services under this section of the Revised Code.
(B) The director of administrative services shall establish a business assistance program known as the encouraging diversity, growth, and equity program and shall adopt rules in accordance with Chapter 119. of the Revised Code to administer the program and that do all of the following:
(1) Establish procedures by which a sole proprietorship, association, partnership, corporation, limited liability corporation, or joint venture may apply for certification as an EDGE business enterprise;
(2) Establish Except as provided in division (B)(14) of this section, establish agency procurement goals for contracting with EDGE business enterprises in the award of contracts under Chapters 123., 125., and 153. of the Revised Code based on the availability of eligible program participants by region or geographic area, as determined by the director, and by standard industrial code or equivalent code classification.
(a) Goals established under division (B)(2) of this section shall be based on a percentage level of participation and a percentage of contractor availability.
(b) Goals established under division (B)(2) of this section shall be applied at the contract level, relative to an overall dollar goal for each state agency, in accordance with the following certification categories: construction, architecture, and engineering; professional services; goods and services; and information technology services.
(3) Establish a system of certifying EDGE business enterprises based on a requirement that the business owner or owners show both social and economic disadvantage based on the following, as determined to be sufficient by the director:
(a) Relative wealth of the business seeking certification as well as the personal wealth of the owner or owners of the business;
(b) Social disadvantage based on any of the following:
(i) A rebuttable presumption when the business owner or owners demonstrate membership in a racial minority group or show personal disadvantage due to color, ethnic origin, gender, physical disability, long-term residence in an environment isolated from the mainstream of American society, location in an area of high unemployment;
(ii) Some other demonstration of personal disadvantage not common to other small businesses;
(iii) By business location in a qualified census tract.
(c) Economic disadvantage based on economic and business size thresholds and eligibility criteria designed to stimulate economic development through contract awards to businesses located in qualified census tracts.
(4) Establish standards to determine when an EDGE business enterprise no longer qualifies for EDGE business enterprise certification;
(5) Develop a process for evaluating and adjusting goals established by this section to determine what adjustments are necessary to achieve participation goals established by the director;
(6) Establish a point system or comparable system to evaluate bid proposals to encourage EDGE business enterprises to participate in the procurement of professional design and information technology services;
(7) Establish a system to track data and analyze each certification category established under division (B)(2)(b) of this section;
(8) Establish a process to mediate complaints and to review EDGE business enterprise certification appeals;
(9) Implement an outreach program to educate potential participants about the encouraging diversity, growth, and equity program;
(10) Establish a system to assist state agencies in identifying and utilizing EDGE business enterprises in their contracting processes;
(11) Implement a system of self-reporting by EDGE business enterprises as well as an on-site inspection process to validate the qualifications of an EDGE business enterprise;
(12) Establish a waiver mechanism to waive program goals or participation requirements for those companies that, despite their best-documented efforts, are unable to contract with certified EDGE business enterprises;
(13) Establish a process for monitoring overall program compliance in which equal employment opportunity officers primarily are responsible for monitoring their respective agencies;
(14) Establish guidelines for state universities as defined in section 3345.011 of the Revised Code and the Ohio school facilities commission created in section 3318.30 of the Revised Code for awarding contracts pursuant to Chapters 153., 3318., and 3345. of the Revised Code to allow the universities and commission to establish agency procurement goals for contracting with EDGE business enterprises.
(C) Not later than December 31, 2003, the director of administrative services shall prepare a detailed report to the governor outlining and evaluating the progress made in implementing the Business and personal financial information and trade secrets submitted by encouraging diversity, growth, and equity program applicants to the director pursuant to this section are not public records for purposes of section 149.43 of the Revised Code, unless the director presents the financial information or trade secrets at a public hearing or public proceeding regarding the applicant's eligibility to participate in the program.
Sec. 123.17. (A) As used in this section, "institution of higher education" means a state university or college, as defined in section 3345.12 of the Revised Code, or a state community college.
(B) The Not later than December 30, 2005, the state architect shall establish a local administration competency certification program to certify institutions of higher education to administer capital facilities projects pursuant to section 3345.51 of the Revised Code without the supervision, control, or approval of the department of administrative services. The program shall offer instruction in the administration of capital facilities projects for employees of institutions of higher education who are responsible for such administration and who are selected by their employing institutions to participate in the program.
(C) The program shall provide instruction about the provisions of Chapters 9., 123., and 153. of the Revised Code and any rules or policies adopted by the department regarding the planning, design, and construction of capital facilities, including all of the following:
(1) The planning, design, and construction process;
(2) Contract requirements;
(3) Construction management;
(D) The state architect shall award local administration competency certification to any institution of higher education if all of the following apply:
(1) The institution applied for certification on a form and in a manner prescribed by the state architect.
(2) The state architect determines that a sufficient number of the institution's employees, representing a sufficient number of employee classifications, responsible for the administration of capital facilities projects has have successfully completed the certification program to ensure that any capital facilities project undertaken by the institution will be administered successfully and in accordance with all provisions of the Revised Code, and the board of trustees of the institution provides written assurance to the state architect that the institution will select new employees to participate in the certification program as necessary to compensate for employee turnover.
(3) The state architect determines that the employees of the institution enrolled in the program demonstrate successful completion of the competency certification training and a satisfactory level of knowledge of and competency in the requirements for administering capital facilities projects.
(4) The institution pays the fee prescribed by division (E)(F) of this section.
(5) The board of trustees of the institution provides written assurance to the state architect that the institution will conduct biennial audits of the institution's administration of capital facilities projects in accordance with division (C) of section 3345.51 of the Revised Code.
(6) The board of trustees of the institution agrees in writing to indemnify and hold harmless the state and the department for any claim of injury, loss, or damage that results from the institution's administration of a capital facilities project.
(E) Local administration competency certification granted under this section shall remain in effect for as long as the state architect determines that both of the following apply:
(1) The institution of higher education maintains a sufficient number of employees responsible for the administration of capital facilities projects who have successfully completed the certification program and have demonstrated a satisfactory level of knowledge of and competency in the requirements for administering capital facilities projects;
(2) The institution is performing the biennial audits prescribed in division (C) of section 3345.51 of the Revised Code.
If the state architect determines that an institution of higher education has failed to comply with the conditions of division (E)(1) or (2) of this section, the state architect shall revoke the institution's certification and shall notify the board of trustees of the institution in writing of the revocation.
(F) The state architect shall establish, subject to the approval of the director of budget and management, the amount of the fee required to be paid by any institution of higher education that seeks certification under this section. The amount of the fees shall be set to cover the costs to implement this section, including the costs for materials and the competency certification training sessions. Any fees received under this section shall be paid into the state treasury to the credit of the state architect's fund established under section 123.10 of the Revised Code.
(F)(G) Nothing in this section shall prohibit an institution that administers a capital facilities project under section 3345.51 of the Revised Code from requesting guidance or other services from the department of administrative services.
Sec. 124.07. (A) The director of administrative services shall
appoint such examiners, inspectors, clerks, and other assistants
as are necessary to carry out sections 124.01 to 124.64 of the
Revised Code. The director may designate persons in or out of
the official service of the state to serve as examiners or
assistants under the director's direction. An examiner or
assistant shall
receive such the compensation for each day actually and necessarily
spent in the discharge of duties as an examiner
or assistant as
is determined by that the director determines; provided, that, if any such the
examiner or assistant is in the official service of the state or
any political subdivision of the state, it shall be a
part of the
examiner's or assistant's official duties to render such those services in
connection with such an examination without extra compensation.
(B) Each state agency and each state-supported college and or
university shall pay the cost of the services and facilities
furnished to it by the department of administrative services that
are necessary to provide and maintain payroll services as
prescribed in section 125.21 of the Revised Code and state merit
standards as prescribed in sections 124.01 to 124.64 of the
Revised Code for the agency, or state-supported college, or university. If a
municipal corporation chooses to use the services and facilities
furnished by the department that are necessary to provide and
maintain the standards so prescribed, the municipal corporation
shall pay the cost of the services and facilities that the
department furnishes to it. SuchThe charges against a state agency, a
state-supported college or university, or a municipal corporation shall be
computed on a reasonable cost basis in accordance with procedures
prescribed by the director of budget and management. Any moneys
the department of administrative services receives from any such a
state agency, a state-supported college, or university, or a municipal corporation which under this division that
are in excess of the amount necessary to pay the cost of
furnishing such the department's services and facilities during any fiscal year
shall be either refunded to or credited for the ensuing fiscal
year to the state agency, the state-supported college, or university, or the municipal
corporation that contributed the excess moneys.
(C) The director of administrative services may enter into an
agreement with any municipal corporation or other political
subdivision to furnish services and facilities of the department
of administrative services in the administration of its a merit
program. Such The agreement shall provide that the department shall be reimbursed
for the reasonable
costs of such those services and facilities as determined by the
director.
(D) All moneys received by the department of administrative
services as reimbursement for payroll and merit program services
performed and facilities furnished under this section shall be paid into the state
treasury to the credit of the human resources services
fund, which is hereby created.
(E) In counties of the state in which are located cities having
municipal civil service commissions, the director of administrative services may designate
the municipal civil service commission of the largest city within
such the county as the director's agent for the purpose of
carrying out such the
provisions of sections 124.01 to 124.64 of the Revised Code,
within such counties the county, as that the director designates. Each municipal
civil service commission designated as an agent of the director
shall render to the director, at the end of each month, render an itemized statement to
the director of the cost incurred by such the commission for work
done as the agent of the director, and the director shall, after
approving such that statement, shall pay the total amount of it to
the
treasurer of such the municipal corporation in the same manner as
other expenses of the department of administrative services.
(F) The director, of administrative services and the examiners, inspectors, clerks, and assistants referred to in this section
shall receive, in addition to their salaries, receive reimbursement for
such necessary traveling and other expenses as are incurred in
the actual discharge of their official duties. The director may
also incur the necessary expenses for stationery, printing, and
other supplies incident to the business of the department of
administrative services.
Sec. 124.321. (A) Whenever it becomes necessary for an
appointing authority to reduce its work force, the appointing
authority shall lay off employees or abolish their positions in
accordance with sections 124.321 to 124.327 of the Revised Code
and the rules of the director of administrative services.
(B)(1) Employees may be laid off as a result of a lack of
funds within an appointing authority. For appointing authorities
which that employ persons whose salary or wage is paid by warrant of
the auditor of state, the director of budget and management shall
be responsible for determining whether a lack of funds exists.
For all other appointing authorities which that employ persons whose
salary or wage is paid other than by warrant of the auditor of
state, the appointing authority shall itself shall determine whether a
lack of funds exists and shall file a statement of rationale and
supporting documentation with the director of administrative
services prior to sending the layoff notice.
A (2) As used in this division, a "lack of funds" means an appointing authority has a current
or projected deficiency of funding to maintain current, or to
sustain projected, levels of staffing and operations. This
section does not require any transfer of money between funds in
order to offset a deficiency or projected deficiency of federal
funding for a program.
(3) The director of budget and management shall promulgate adopt
rules, under Chapter 119. of the Revised Code, for agencies whose
employees are paid by warrant of the auditor of state, for
determining whether a lack of funds exists.
(C)(1) Employees may be laid off as a result of lack of work
within an appointing authority. For appointing authorities whose
employees are paid by warrant of the auditor of state, the
director of administrative services shall determine whether a
lack of work exists. All other appointing authorities shall
themselves determine whether a lack of work exists and shall file
a statement of rationale and supporting documentation with the
director of administrative services prior to sending the layoff notice
of layoff.
A (2) As used in this division, a "lack of work, for purposes of layoff," means an appointing
authority has a current or projected temporary decrease in the
workload, expected to last less than one year, which that requires a
reduction of current or projected staffing levels. The
determination of a lack of work shall indicate the current or
projected temporary decrease in the workload of an appointing
authority and whether the current or projected staffing levels of
the appointing authority will be excessive.
(D)(1) Employees may be laid off as a result of abolishment
of positions. Abolishment As used in this division, "abolishment" means the permanent deletion of a
position or positions from the organization or structure of an
appointing authority due to lack of continued need for the
position. An
For purposes of this division, an appointing authority may abolish positions for any one or any combination of the following reasons: as a
result of a reorganization for the efficient operation of the
appointing authority, for reasons of economy, or for lack of
work. The determination of the need to abolish positions shall
indicate the lack of continued need for positions within an
appointing authority
(2)(a) Reasons of economy permitting an appointing authority to abolish a position and to lay off the holder of that position under this division shall be determined at the time the appointing authority proposes to abolish the position. The reasons of economy shall be based on the appointing authority's estimated amount of savings with respect to salary, benefits, and other matters associated with the abolishment of the position, except that the reasons of economy associated with the position's abolishment instead may be based on the appointing authority's estimated amount of savings with respect to salary and benefits only, if:
(i) Either the appointing authority's operating appropriation has been reduced by an executive or legislative action, or the appointing authority has a current or projected deficiency in funding to maintain current or projected levels of staffing and operations; and
(ii) It files a notice of the position's abolishment with the director of administrative services within one year of the occurrence of the applicable circumstance described in division (D)(2)(a)(i) of this section.
(b) The following principles apply when a circumstance described in division (D)(2)(a)(i) of this section would serve to authorize an appointing authority to abolish a position and to lay off the holder of the position under this division based on the appointing authority's estimated amount of savings with respect to salary and benefits only:
(i) The position's abolishment shall be done in good faith and not as a subterfuge for discipline.
(ii) If a circumstance affects a specific program only, the appointing authority only may abolish a position within that program.
(iii) If a circumstance does not affect a specific program only, the appointing authority may identify a position that it considers appropriate for abolishment based on the reasons of economy. Appointing authorities
(3) Each appointing authority shall themselves
determine itself whether any position should be abolished and shall file
a statement of rationale and supporting documentation with the
director of administrative services prior to sending the notice
of abolishment. If
If an abolishment results in a reduction of the
work force, the appointing authority shall follow the procedures
for laying off employees, subject to the following modifications:
(1)(a) The employee whose position has been abolished shall
have the right to fill an available vacancy within the employee's
classification;.
(2)(b) If the employee whose position has been abolished has
more retention points than any other employee serving in the same
classification, then the employee with the fewest retention
points shall be displaced;.
(3)(c) If the employee whose position has been abolished has
the fewest retention points in the classification, the employee
shall have the right to fill an available vacancy in a lower
classification in the classification series;.
(4)(d) If the employee whose position has been abolished has
the fewest retention points in the classification, the employee
shall displace the employee with the fewest retention points in
the next or successively lower classification in the
classification series.
(E) The director of administrative services shall
promulgate adopt rules, under Chapter 119. of the Revised Code, for the
determination of lack of work within an appointing authority, for
the abolishment of positions by an appointing authority, and for
the implementation of this section.
Sec. 124.328. A classified employee may appeal a
layoff, or a
displacement which that is the
result of a layoff, to the state personnel board of review. The
appeal shall be filed or post-marked postmarked no later than ten days after receipt of
the layoff notice of layoff or after the date the employee is displaced. In cases
involving the laying off of classified employees, the affected employee or appointing authority may
appeal the decision of the state personnel board of review to the court of common pleas
court. The appeal from the state personnel board of review shall be made in
accordance with section 119.12 of the Revised Code.
Sec. 125.041. Nothing in sections 125.02,
125.03 to 125.08, 125.12 to 125.16, 125.18,
125.31 to 125.76, or 125.831 of the Revised
Code shall be construed as limiting the attorney general, auditor of state,
secretary of state, or treasurer of state in any of the following:
(A) Purchases for less than the dollar
amounts for the purchase of supplies or services determined pursuant to
division (D) of section 125.05 of the Revised Code;
(B) Purchases that equal or
exceed the dollar amounts for the purchase of supplies or services determined
pursuant to division (D) of section 125.05 of the Revised Code with the
approval of the controlling board, if that approval is
required by section
127.16 of the Revised Code;
(C) The final determination of the nature or quantity making any
purchase of supplies or services to be purchased pursuant to section
125.06 of the Revised Code;
(D) The final determination and disposal of excess and surplus
supplies;
(E) The inventory of state property;
(F) The purchase of printing;
(G) The Activities related to information technology development and use;
(H) The fleet management program.
Sec. 125.05. Except as provided in division (E) of this
section, no state agency shall purchase any supplies or
services except as provided in divisions (A) to (C) of this section.
(A) Subject to division (D) of this section, a state agency may, without
competitive selection, make any purchase of services that cost fifty thousand
dollars or less or any purchase of supplies that cost twenty-five thousand
dollars or less. The agency may make the purchase directly or may make the
purchase from or through the department of administrative services, whichever
the agency determines. The
department
shall establish written procedures to assist state agencies when
they make
direct purchases. If the agency makes the purchase directly, it
shall make the purchase by a term contract whenever possible.
(B) Subject to division (D) of this section, a state agency
wanting to purchase services that cost more than
fifty thousand dollars or supplies that cost more than
twenty-five thousand dollars shall, unless otherwise authorized by law, make
the purchase from or through the department. The department shall make the
purchase by competitive selection under section 125.07 of the
Revised Code. If the director of administrative services determines that it
is not possible or not advantageous to the state for the department to make
the purchase, the department shall grant the agency a release and permit under
section 125.06 of the Revised Code to make the purchase. Section 127.16 of
the Revised Code does not apply to purchases the department makes under this
section.
(C) An agency that has been granted a release and permit to make
a purchase may make the purchase without competitive selection if after making
the purchase the cumulative purchase threshold as computed under division (F)
of section 127.16 of the Revised Code would:
(1) Be exceeded and the controlling board approves the purchase;
(2) Not be exceeded and the department of administrative
services approves the purchase.
(D) Not later than January 31, 1997, the amounts
specified in divisions (A) and (B) of this section and, not
later than the thirty-first day of January of each second year
thereafter, any amounts computed by adjustments made under this division,
shall be increased or decreased by the average percentage increase or decrease
in the consumer price index prepared by the United States
bureau of labor statistics (U.S. City
Average for Urban Wage Earners and Clerical Workers: "All Items
1982-1984=100") for the twenty-four calendar month period prior to the
immediately preceding first day of January over the immediately
preceding twenty-four calendar month period, as reported by the bureau. The
director of administrative services shall make this determination and adjust
the appropriate amounts accordingly.
(E) If the eTech Ohio SchoolNet
commission, the department of education,
or the Ohio education computer
network determines that it can purchase software services or supplies for
specified school districts at a price less than the price for which the
districts could purchase the same software services or supplies for
themselves, the office commission, department, or network shall certify that fact to the
department of administrative services and, acting as an agent for the
specified school districts, shall make that purchase without following the
provisions in divisions (A) to (D) of this section.
Sec. 125.11. (A) Subject to division (B) of this
section,
contracts
awarded pursuant to
a reverse auction
under section
125.072 of the Revised Code or pursuant to
competitive
sealed
bidding, including
contracts awarded under
section
125.081 of
the
Revised Code, shall be awarded to the
lowest
responsive and
responsible bidder on each item in
accordance with
section 9.312
of the Revised Code. When the
contract is for meat
products as
defined in section 918.01 of the
Revised Code or
poultry products
as defined in section 918.21 of
the Revised
Code, only those bids
received from vendors offering
products from
establishments on the
current list
of meat and
poultry vendors established and
maintained by the
director of
administrative services under
section 125.17 of the
Revised Code
shall be eligible for
acceptance. The department of
administrative services may accept
or reject any or all bids in
whole or by items, except that when
the contract is for services
or
products available from a
qualified nonprofit agency
pursuant to
sections 125.60 to 125.6012 or 4115.31 to 4115.35
of the Revised Code, the
contract
shall be awarded to that agency.
(B) Prior to awarding a contract under division (A) of
this
section, the department of administrative services or the
state
agency responsible for evaluating a contract for the
purchase of
products shall evaluate the bids received
according to
the
criteria and procedures established pursuant to divisions
(C)(1)
and (2) of section 125.09 of the Revised Code for
determining if a
product is produced or mined in the United
States and if a product
is
produced or mined in
this state. The
department or other
state agency shall first remove bids that offer
products
that
have not been or that will not be
produced or mined in
the
United
States. From among the remaining bids, the department
or
other
state agency shall select the lowest responsive and
responsible
bid, in
accordance with section 9.312 of the Revised
Code, from
among the
bids that offer
products that
have been
produced or
mined in
this state
where sufficient
competition
can be generated
within
this
state to
ensure that
compliance
with these
requirements will not result in
an excessive
price for
the product
or acquiring a
disproportionately inferior
product.
If
there are
two or more
qualified bids that offer
products that have been
produced or mined
in
this state, it
shall be deemed that
there is
sufficient competition
to prevent an
excessive price for the
product or the acquiring of
a
disproportionately inferior product.
(C) Division (B) of this section applies to contracts for
which competitive bidding is waived by the controlling board.
(D) Division (B) of this section does not apply to
the
purchase by the division of liquor control of
spirituous
liquor.
(E) The director of administrative services shall publish
in
the form of a model act for use by counties, townships,
municipal
corporations, or any other political subdivision
described in
division (B) of section 125.04 of the Revised Code, a
system of
preferences
for products
mined and
produced in
this
state and in
the United States and for
Ohio-based
contractors.
The
model act
shall reflect substantial
equivalence
to the system
of
preferences
in purchasing and public
improvement
contracting
procedures under
which the state operates
pursuant to
this chapter
and section
153.012 of the Revised Code. To the
maximum extent
possible,
consistent with the Ohio system
of
preferences in
purchasing and
public improvement contracting
procedures, the
model act shall
incorporate all of the
requirements of the federal
"Buy America
Act," 47 Stat. 1520
(1933), 41 U.S.C. 10a to 10d, as
amended, and
the rules adopted
under that act.
Before and during the development and promulgation
of
the
model act, the director shall consult with appropriate
statewide
organizations representing counties, townships, and
municipal
corporations so as to identify the special requirements
and
concerns these political subdivisions have in their purchasing
and
public improvement contracting procedures. The director
shall
promulgate the model act by rule adopted pursuant to
Chapter 119.
of the Revised Code and shall revise the act as
necessary to
reflect changes in this chapter or section 153.012
of the Revised
Code.
The director shall make available copies of the model act,
supporting information, and technical assistance to any township,
county, or municipal corporation wishing to incorporate the
provisions of the act into its purchasing or public improvement
contracting procedure.
Sec. 125.18. (A) There is hereby established the office of information technology housed within the department of administrative services. The office shall be under the supervision of a chief information officer to be appointed by the governor and subject to removal at the pleasure of the governor. The chief information officer shall serve as the director of the office.
(B) The director of the office of information technology shall advise the governor regarding the superintendence and implementation of statewide information technology policy.
(C) The director of the office of information technology shall lead, oversee, and direct state agency activities related to information technology development and use. In that regard, the director shall do all of the following:
(1) Coordinate and superintend statewide efforts to promote common use and development of technology by state agencies. The office of information technology shall establish policies and standards that govern and direct state agency participation in statewide programs and initiatives.
(2) Establish policies and standards for the acquisition and use of information technology by state agencies, including, but not limited to, hardware, software, technology services, and security, with which state agencies shall comply;
(3) Establish criteria and review processes to identify state agency information technology projects that require alignment or oversight. As appropriate, the office of information technology shall provide the governor and the director of budget and management with notice and advice regarding the appropriate allocation of resources for those projects. The director of the office of information technology may require state agencies to provide, and may prescribe the form and manner by which they must provide, information to fulfill the director's alignment and oversight role.
(D) The office of information technology shall have the same authority given to the department of administative services under sections 125.01, 125.02, 125.023, 125.04, 125.05, 125.06, 125.07, 125.071, 125.072, 125.081, 125.09, 125.10, 125.11, and 125.25 of the Revised Code for the purchase of information technology supplies and services for state agencies.
(E) The office of information technology may make contracts for, operate, and superintend technology supplies and services for state agencies in accordance with this chapter.
(F) The office of information technology may establish cooperative agreements with federal and local government agencies and state agencies that are not under the authority of the governor for the provision of technology services and the development of technology projects.
(G) As used in this section, "state agency" means every organized body, office, or agency established by the laws of the state for the exercise of any function of state government, other than any state-supported institution of higher education, the office of the auditor of state, treasurer of state, secretary of state, or attorney general, the public employees retirement system, the Ohio police and fire pension fund, the state teachers retirement system, the school employees retirement system, the state highway patrol retirement system, the general assembly or any legislative agency, or the courts or any judicial agency.
Sec. 125.25. (A) The director of administrative services may debar a vendor from consideration for contract awards upon a finding based upon a reasonable belief that the vendor has done any of the following:
(1) Abused the selection process by repeatedly withdrawing bids or proposals before purchase orders or contracts are issued or failing to accept orders based upon firm bids;
(2) Failed to substantially perform a contract according to its terms, conditions, and specifications within specified time limits;
(3) Failed to cooperate in monitoring contract performance by refusing to provide information or documents required in a contract, failed to respond to complaints to the vendor, or accumulated repeated justified complaints regarding performance of a contract;
(4) Attempted to influence a public employee to breach ethical conduct standards or to influence a contract award;
(5) Colluded to restrain competition by any means;
(6) Been convicted of a criminal offense related to the application for or performance of any public or private contract, including, but not limited to, embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property, and any other offense that directly reflects on the vendor's business integrity;
(7) Been convicted under state or federal antitrust laws;
(8) Deliberately or willfully submitted false or misleading information in connection with the application for or performance of a public contract;
(9) Violated any other responsible business practice or performed in an unsatisfactory manner as determined by the director;
(10) Through the default of a contract or through other means had a determination of unresolved finding for recovery by the auditor of state under section 9.24 of the Revised Code;
(11) Acted in such a manner as to be debarred from participating in a contract with any governmental agency.
(B) When the director reasonably believes that grounds for debarment exist, the director shall send the vendor a notice of proposed debarment indicating the grounds for the proposed debarment and the procedure for requesting a hearing on the proposed debarment. The hearing shall be conducted in accordance with Chapter 119. of the Revised Code. If the vendor does not respond with a request for a hearing in the manner specified in Chapter 119. of the Revised Code, the director shall issue the debarment decision without a hearing and shall notify the vendor of the decision by certified mail, return receipt requested.
(C) The director shall determine the length of the debarment period and may rescind the debarment at any time upon notification to the vendor. During the period of debarment, the vendor is not eligible to participate in any state contract. After the debarment period expires, the vendor shall be eligible to be awarded contracts by state agencies.
(D) The director, through the office of information technology and the office of procurement services, shall maintain a list of all vendors currently debarred under this section.
Sec. 125.60. As used in sections 125.60 to 125.6012 of the Revised Code:
(A) "Community rehabilitation program" means an agency that:
(1) Is organized under the laws of the United States or this state such that no part of its net income inures to the benefit of any shareholder or other individual;
(2) Is certified as a sheltered workshop, if applicable, by the wage and hour division of the United States department of labor;
(3) Is registered and in good standing with the secretary of state as a domestic nonprofit or not-for-profit corporation;
(4) Complies with applicable occupational health and safety standards required by the laws of the United States or of this state;
(5) Operates in the interest of persons with work-limiting disabilities, provides vocational or other employment-related training to persons with work-limiting disabilities, and employs persons with work-limiting disabilities in the manufacture of products or the provision of services;
(6) Is a nonprofit corporation for federal tax purposes.
(B) "Government ordering office" means any of the following:
(1) Any state agency, including the general assembly, the supreme court, and the office of a state elected official, or any state authority, board, bureau, commission, institution, or instrumentality that is funded in total or in part by state money;
(2) A county, township, or village.
(C) "Person with a work-limiting disability" means an individual who has a disability as defined in the "Americans with Disabilities Act of 1990," 104 Stat. 327, 42 U.S.C. 12101, and who:
(1) Because of that disability is substantially limited in the type or quantity of work the individual can perform or is prevented from working regularly;
(2) Meets criteria established by the office of procurement from community rehabilitation programs.
Sec. 125.601. (A) Not later than July 1, 2007, the director of administrative services shall establish the office of procurement from community rehabilitation programs within the department of administrative services. The director shall designate an employee of the department to serve as administrator of the office.
(B) Not later than July 1, 2007, the director shall abolish the state committee for the purchase of products and services provided by persons with severe disabilities in accordance with section 4115.36 of the Revised Code.
Sec. 125.602. (A) The department of mental retardation and developmental disabilities, the department of mental health, the department of job and family services, the rehabilitation services commission, and any other state or governmental agency or community rehabilitation program responsible for the provision of rehabilitation and vocational educational services to persons with work-limiting disabilities may, through written agreement, cooperate in providing resources to the department of administrative services for the operation of the office of procurement from community rehabilitation programs. These resources may include, but are not limited to, leadership and assistance in dealing with the societal aspects of meeting the needs of persons with work-limiting disabilities.
(B) The office and all governmental entities that administer socioeconomic programs may enter into contractual agreements, cooperative working relationships, or other arrangements that are necessary for effective coordination and realization of the objectives of these entities.
Sec. 125.603. (A) The office of procurement from community rehabilitation programs shall do the following in addition to other duties specified in sections 125.60 to 125.6012 of the Revised Code:
(1) Establish, maintain, and periodically update a procurement list of approved supplies and services available from qualified nonprofit agencies;
(2) Monitor the procurement practices of government ordering offices to ensure compliance with sections 125.60 to 125.6012 of the Revised Code;
(3) In cooperation with qualified nonprofit agencies, government ordering offices, the department of mental retardation and developmental disabilities, the department of mental health, the department of job and family services, and the rehabilitation services commission, develop and recommend to the director of administrative services rules the director shall adopt in accordance with Chapter 119. of the Revised Code for the effective and efficient administration of sections 125.60 to 125.6012 of the Revised Code;
(4) Prepare a report of its activities by the last day of December of each year. The report shall be posted electronically on the office's web site.
(B) The office of procurement from community rehabilitation programs may enter into contractual agreements and establish pilot programs to further the objectives of sections 125.60 to 125.6012 of the Revised Code.
Sec. 125.604. A community rehabilitation program may apply to the office of procurement from community rehabilitation programs to be certified as qualified to provide its supplies and services for procurement by government ordering offices. The office shall prescribe the form of the application. If the office is satisfied the program is qualified, it shall certify the program as a qualified nonprofit agency for the purposes of sections 125.60 to 125.6012 of the Revised Code.
Sec. 125.605. The office of procurement from community rehabilitation programs may certify any entity to serve as an approved agent of a qualified nonprofit agency for the purposes of sections 125.60 to 125.6012 of the Revised Code. The office shall prescribe procedures under which an entity can apply and be considered for such certification. An approved agent may do any of the following:
(A) Contract with the office of procurement from community rehabilitation programs to provide centralized business facilitation or other assistance to qualified nonprofit agencies. The office shall consult with qualified nonprofit agencies before agreeing to such a contract.
(B) Act as a distributor of supplies and services registered on the procurement list maintained by the office under section 125.603 of the Revised Code;
(C) Provide marketing, administrative, and other services related to sales.
Sec. 125.606. Prior to purchases by government ordering offices, the office of procurement from community rehabilitation programs shall attempt to establish for each item on the procurement list a fair market price that is representative of the range of prices that a government ordering office would expect to pay to purchase the item in the marketplace. When establishing a fair market price for an item, the office of procurement from community rehabilitation programs shall consider the costs of doing business with respect to that item, including sales, marketing, and research and development costs and agent fees. If the office of procurement from community rehabilitation programs cannot establish a fair market price for a particular supply or service, the government ordering office shall attempt to establish the fair market price pursuant to division (B) of section 125.607 of the Revised Code for each purchase of such supply or service.
Sec. 125.607. (A) Before purchasing any supply or service, a governmental ordering office shall determine whether the supply or service is on the procurement list maintained by the office of procurement from community rehabilitation programs. If the supply or service is on the list at an established fair market price, the government ordering office shall purchase it from the qualified nonprofit agency or approved agent at that price.
(B) If the supply or service is on the procurement list but a fair market price has not been established, the government ordering office shall attempt to negotiate an agreement with one or more of the listed qualified nonprofit agencies or approved agents. The office of procurement from community rehabilitation programs may accept as fair market price an agreement negotiated between the government ordering office and a qualified nonprofit agency or approved agent.
(C) If an agreement is not successfully negotiated, the office may establish a fair market price, or it may release a government ordering office from the requirements of this section.
(D) A purchase under divisions (A) to (C) of this section is not subject to any competitive selection or competitive bidding requirements, notwithstanding any other provision of law.
(E) The department of administrative services has the authority to structure or regulate competition among qualified nonprofit agencies for the overall benefit of the program.
Sec. 125.608. All government ordering offices purchasing supplies and services from qualified non-profit agencies or their approved agents shall reimburse the department of administrative services a reasonable sum to cover the department's costs of administering sections 125.60 to 125.6012 of the Revised Code. The department may bill administrative costs to government ordering offices directly, or allow qualified non-profit agencies or approved agents to collect and remit department administrative fees, at the department's discretion. Any department administrative fees collected and remitted by qualified nonprofit agencies or their approved agents shall be considered allowable expenses in addition to the fair market price approved under section 125.606 or 125.607 of the Revised Code. The money so paid shall be deposited in the state treasury to the credit of the general services fund created under section 125.15 of the Revised Code.
Sec. 125.609. The office of procurement from community rehabilitation programs, on its own or pursuant to a request from a government ordering office, may release a government ordering office from compliance with sections 125.60 to 125.6012 of the Revised Code. If the office determines that compliance is not possible or not advantageous, or if conditions prescribed in rules as may be adopted under section 125.603 of the Revised Code for granting a release are met, the office may grant a release. The release shall be in writing, and shall specify the supplies or services to which it applies, the period of time during which it is effective, and the reason for which it is granted.
Sec. 125.6010. Section 125.607 of the Revised Code does not apply to the purchase of a product or service available from a state agency, state instrumentality, or political subdivision under any law in effect on July 1, 2005.
Sec. 125.6011. (A) Nothing in sections 125.60 to 125.6012 of the Revised Code shall be construed to prohibit the purchase of a supply or service from a qualified nonprofit agency by a political subdivision that is not a government ordering office.
(B) Purchases made under this section by a political subdivision, as defined in section 125.04 of the Revised Code, are exempt from any competitive selection procedures otherwise required by law. Purchases under this section shall be made from qualified nonprofit agencies or their approved agents.
(C) A political subdivision, as defined in section 125.04 of the Revised Code, may not purchase under division (C) of that section a supply or service on the procurement list established under section 125.603 of the Revised Code.
Sec. 125.6012. A government ordering office and qualified nonprofit agency shall provide the necessary information and documentation requested by the office of procurement from community rehabilitation programs to enable the office to effectively administer sections 125.60 to 125.6012 of the Revised Code.
Sec. 125.831. As used in sections 125.831 to 125.833 of the Revised Code:
(A) "Law enforcement officer" means an officer, agent, or employee of a state agency upon whom, by statute, a duty to conserve the peace or to enforce all or certain laws is imposed and the authority to arrest violators is conferred, within the limits of that statutory duty and authority, but does not include such an officer, agent, or employee if that duty and authority is location specific.
(B)(1) "Motor vehicle" means any automobile, car minivan, cargo van, passenger van, sport utility vehicle, or pickup truck with a gross vehicle weight of under twelve thousand pounds.
(2) "Motor vehicle" does not include, except for the purposes of division (C) of section 125.832 of the Revised Code, any vehicle described in division (B)(1) of this section that is used by a law enforcement officer and law enforcement agency or any vehicle that is so described and that is equipped with specialized equipment that is not normally found in such a vehicle and that is used to carry out a state agency's specific and specialized duties and responsibilities.
(C) "Specialized equipment" does not include standard mobile radios with no capabilities other than voice communication, exterior and interior lights, or roof-mounted caution lights.
(D) "State agency" means every organized body, office, board, authority, commission, or agency established by the laws of the state for the exercise of any governmental or quasi-governmental function of state government regardless of the funding source for that entity, other than any state-supported state institution of higher education, the office of the governor, lieutenant governor, auditor of state, treasurer of state, secretary of state, or attorney general, the general assembly or any legislative agency, or the courts or any judicial agency, or any state retirement system or retirement program established by or referenced in the Revised Code.
(E) "State institution of higher education" has the same meaning as in section 3345.011 of the Revised Code.
Sec. 125.832. (A) The department of administrative services is granted exclusive authority over the acquisition and management of all motor vehicles used by state agencies. In carrying out this authority, the department shall do both of the following:
(1) Approve the purchase or lease of each motor vehicle for use by a state agency. The department shall decide if a motor vehicle shall be leased or purchased for that use.
Except as otherwise provided in division (A)(1) of this section, on and after July 1, 2005, each state agency shall acquire all passenger motor vehicles under the department's master leasing program. If the department determines that acquisition under that program is not the most economical method and if the department and the state agency acquiring the passenger motor vehicle can provide economic justification for doing so, the department may approve the purchase, rather than the lease, of a passenger motor vehicle for the acquiring state agency.
(2) Direct and approve all funds that are expended for the purchase, lease, repair, maintenance, registration, insuring, and other costs related to the possession and operation of motor vehicles for the use of state agencies.
(B) The director of administrative services shall establish and operate a fleet management program. The director shall operate the program for purposes including, but not limited to, cost-effective acquisition, maintenance, management, analysis, and disposal of all motor vehicles owned or leased by the state. All state agencies shall comply with statewide fleet management policies and procedures established by the director for the program, including, but not limited to, motor vehicle assignments, additions of motor vehicles to fleets or motor vehicle replacements, motor vehicle fueling, and motor vehicle repairs.
(C) The director shall establish and maintain a fleet reporting system and shall require state agencies to submit to the department information relative to state motor vehicles, including motor vehicles described in division (B)(2) of section 125.831 of the Revised Code, to be used in operating the fleet management program. State agencies shall provide to the department fleet data and other information, including, but not limited to, mileage and costs. The data and other information shall be submitted in formats and in a manner determined by the department.
(D) All state agency purchases or leases of motor vehicles are subject to the prior approval of the director under division (A)(1) of this section.
(E) State agencies that utilize state motor vehicles or pay mileage reimbursements to employees shall provide a fleet plan to the department as directed by the department.
(F)(1) The fleets of state agencies that consist of one hundred or less vehicles on July 1, 2004, shall be managed by the department's fleet management program on a time schedule determined by the department, unless the state agency has received delegated authority as described in division (G) of this section.
(2) The fleets of state agencies that consist of greater than one hundred motor vehicles, but less than five hundred motor vehicles, on July 1, 2005, also shall be managed by the department's fleet management program on a time schedule determined by the department, unless the state agency has received delegated authority as described in division (G) of this section.
(G)(1) The department may delegate any or all of its duties regarding fleet management to a state agency, if the state agency demonstrates to the satisfaction of the department both of the following:
(a) Capabilities to institute and manage a fleet management program, including, but not limited to, the presence of a certified fleet manager;
(b) Fleet management performance, as demonstrated by fleet data and other information submitted pursuant to annual reporting requirements and any other criteria the department considers necessary in evaluating the performance.
(2) The department may determine that a state agency is not in compliance with this section and direct that the agency's fleet management duties be transferred to the department.
(H) The proceeds derived from the disposition of any motor vehicles under this section shall be paid to whichever of the following applies:
(1) The fund that originally provided moneys for the purchase or lease of the motor vehicles;
(2) If the motor vehicles were originally purchased with moneys derived from the general revenue fund, the proceeds shall be deposited, in the director's discretion, into the state treasury for to the credit to of either the fleet management fund created by section 125.83 of the Revised Code or the investment recovery fund created by section 125.14 of the Revised Code.
(I)(1) The department shall create and maintain a certified fleet manager program.
(2) State agencies that have received delegated authority as described in division (G) of this section shall have a certified fleet manager.
(J) The department annually shall prepare and submit a statewide fleet report to the governor, the speaker of the house of representatives, and the president of the senate. The report shall be submitted not later than the thirty-first day of January following the end of each fiscal year. It may include, but is not limited to, the numbers and types of motor vehicles, their mileage, miles per gallon, and cost per mile, mileage reimbursements, accident and insurance data, and information regarding compliance by state agencies having delegated authority under division (G) of this section with applicable fleet management requirements.
(K) The director shall adopt rules for implementing the fleet management program that are consistent with recognized best practices. The program shall be supported by reasonable fee charges for the services provided. The director shall collect these fees and deposit them into the state treasury to the credit for the fleet management fund created by section 125.83 of the Revised Code. The setting and collection of fees under this division is not subject to any restriction imposed by law upon the director's or the department's authority to set or collect fees.
(L) The director also shall adopt rules that prohibit, except in very limited circumstances, the exclusive assignment of state-owned, leased, or pooled motor vehicles to state employees and that prohibit the reimbursement under section 126.31 of the Revised Code of state employees who use their own motor vehicles for any mileage they incur above an amount that the department shall determine annually unless reimbursement for the excess mileage is approved by the department in accordance with standards for that approval the director shall establish in those rules. Beginning on the effective date of this section September 26, 2003, no such state-owned, leased, or pooled motor vehicle shall be personally assigned as any form of compensation or benefit of state employment, and no such state-owned, leased, or pooled motor vehicle shall be assigned to an employee solely for commuting to and from home and work.
(M) The director shall do both of the following:
(1) Implement to the greatest extent possible the recommendations from the 2002 report entitled "Administrative Analysis of the Ohio Fleet Management Program" in connection with the authority granted to the department by this section;
(2) Attempt to reduce the number of passenger vehicles used by state agencies during the fiscal years ending on June 30, 2004, and June 30, 2005.
(N) Each state agency shall reimburse the department for all costs incurred in the assignment of motor vehicles to the state agency.
(O) The director shall do all of the following in managing the fleet management program:
(1) Determine how motor vehicles will be maintained, insured, operated, financed, and licensed;
(2) Pursuant to the formula in division (O)(3) of this section, annually establish the minimum number of business miles per year an employee of a state agency must
drive in order to qualify for
approval by the department to receive a motor vehicle for business use;
(3) Establish the minimum number of business miles per year at an amount that results when the annual motor vehicle cost is divided by the amount that is the reimbursement rate per mile minus the amount that is the sum of the fuel cost, the operating cost, and the insurance cost. As used in this division:
(a) "Annual motor vehicle cost" means the price of a motor vehicle divided by the number of years an average
motor vehicle is used.
(b) "Fuel cost" means the average price per gallon of motor fuel divided by the miles per gallon fuel efficiency of a
motor vehicle.
(c) "Insurance cost" means the cost of insuring a motor vehicle per year divided by the number of miles an
average motor vehicle is driven per year.
(d) "Operating cost" means the maintenance cost of a motor vehicle per year divided by the product resulting when the number of miles an average motor vehicle is driven per year is multiplied by the number of years an average motor vehicle is used.
(e) "Reimbursement rate per mile" means the reimbursement per mile rate for travel expenses as provided by rule of the director of budget and management adopted under division (B) of section 126.31 of the Revised Code.
(P)(1) Not later than the fifteenth day of September of each year, each state institution of higher education shall report to the department on all of the following topics relating to motor vehicles that the institution acquires and manages:
(a) The methods it uses to track the motor vehicles;
(b) Whether or not it uses a fuel card program to purchase fuel for, or to pay for the maintenance of, the motor vehicles;
(c) Whether or not it makes bulk purchases of fuel for the motor vehicles.
(2) Assuming it does not use the fleet management tracking, fuel card program, and bulk fuel purchases tools and services that the department provides, the report of a state institution of higher education required by division (P)(1) of this section also shall include both of the following:
(a) An analysis of the amount the institution would save, if any, if it were to use the fleet management tracking, fuel card program, and bulk fuel purchases tools and services that the department provides instead of the fleet management system the institution regularly uses;
(b) A rationale for either continuing with the fleet management system that the institution regularly uses or changing to the use of those tools and services that the department provides.
(3) The department shall certify within ninety days after receipt of all reports under division (P)(1) of this section a list of those state institutions of higher education that the department determines would save amounts if they were to use the fleet management tracking, fuel card program, and bulk fuel purchases tools and services that the department provides. The institutions so certified then shall use those tools and services that the department provides until the department next certifies institutions under division (P)(3) of this section.
Sec. 126.25. The accounting and budgeting services provided by the director of budget and
management shall be supported by user charges. The director
shall determine a rate that is sufficient to defray the expense of those
services and the manner by which those charges shall be collected. All money
collected from user charges shall be deposited in the state treasury to the
credit of the state accounting and budgeting fund, which is hereby created. Rebates or
revenue shares received from any state payment card program established under
division
(B) of section 126.21 of the Revised Code and miscellaneous payments that
reimburse expenses paid from the state accounting and budgeting fund may be deposited into
the state accounting and budgeting fund and used to support accounting and budgeting services.
Sec. 127.16. (A) Upon the request of either a state
agency
or the director of budget and management and after the
controlling
board determines that an emergency or a sufficient
economic reason
exists, the controlling board may approve
the making of a purchase
without competitive selection as provided in
division (B) of this
section.
(B) Except as otherwise provided in this section, no state
agency, using money that has been appropriated to it directly,
shall:
(1) Make any purchase from a particular supplier, that
would
amount to fifty thousand dollars or more when combined with
both
the amount of all disbursements to the supplier during the
fiscal
year for purchases made by the agency and the amount of
all
outstanding encumbrances for purchases made by the agency
from the
supplier, unless the purchase is made by competitive
selection or
with the approval of the controlling board;
(2) Lease real estate from a particular supplier, if the
lease would amount to seventy-five thousand dollars or more when
combined with both the amount of all disbursements to the
supplier
during the fiscal year for real estate leases made by
the agency
and the amount of all outstanding encumbrances for
real estate
leases made by the agency from the supplier, unless
the lease is
made by competitive selection or with the approval
of the
controlling board.
(C) Any person who authorizes a purchase in violation of
division (B) of this section shall be liable to the state for any
state funds spent on the purchase, and the attorney general shall
collect the amount from the person.
(D) Nothing in division (B) of this section shall be
construed as:
(1) A limitation upon the authority of the director of
transportation as granted in sections 5501.17, 5517.02, and
5525.14 of the Revised Code;
(2) Applying to medicaid provider agreements under Chapter
5111. of the Revised Code
or payments or provider
agreements under the
disability medical assistance program
established under Chapter
5115. of the Revised Code;
(3) Applying to the purchase of examinations from a sole
supplier by a state licensing board under Title XLVII of the
Revised Code;
(4) Applying to entertainment contracts for the Ohio state
fair entered into by the Ohio expositions commission, provided
that the controlling board has given its approval to the
commission to enter into such contracts and has approved a total
budget amount for such contracts as agreed upon by commission
action, and that the commission causes to be kept itemized
records
of the amounts of money spent under each contract and
annually
files those records with the clerk of the
house of representatives
and the clerk of the senate following
the close of the fair;
(5) Limiting the authority of the chief of the division of
mineral resources management to contract
for reclamation work with
an operator
mining adjacent land as provided in section 1513.27 of
the
Revised Code;
(6) Applying to investment transactions and procedures of
any state agency, except that the agency shall file with the
board
the name of any person with whom the agency contracts to
make,
broker, service, or otherwise manage its investments, as
well as
the commission, rate, or schedule of charges of such
person with
respect to any investment transactions to be
undertaken on behalf
of the agency. The filing shall be in a
form and at such times as
the board considers appropriate.
(7) Applying to purchases made with money for the per cent
for arts program established by section 3379.10 of the Revised
Code;
(8) Applying to purchases made by the rehabilitation
services commission of services, or supplies, that are provided
to
persons with disabilities, or to purchases made by the
commission
in connection with the eligibility determinations it
makes for
applicants of programs administered by the social
security
administration;
(9) Applying to payments by the department of job and
family
services under section 5111.13 of the Revised Code for group
health plan premiums, deductibles, coinsurance, and other
cost-sharing expenses;
(10) Applying to any agency of the legislative branch of
the
state government;
(11) Applying to agreements or contracts entered into under
section
5101.11, 5101.20, 5101.201, 5101.21, or 5101.214 of the Revised Code;
(12) Applying to purchases of services by the adult parole
authority under section 2967.14 of the Revised Code or by the
department of youth services under section 5139.08 of the Revised
Code;
(13) Applying to dues or fees paid for membership in an
organization or association;
(14) Applying to purchases of utility services pursuant to
section 9.30 of the Revised Code;
(15) Applying to purchases made in accordance with rules
adopted by the department of administrative services of motor
vehicle, aviation, or watercraft fuel, or emergency repairs of
such vehicles;
(16) Applying to purchases of tickets for passenger air
transportation;
(17) Applying to purchases necessary to provide public
notifications required by law or to provide notifications of job
openings;
(18) Applying to the judicial branch of state government;
(19) Applying to purchases of liquor for resale by the
division of liquor
control;
(20) Applying to purchases of motor courier and freight
services made in accordance with department of administrative
services rules;
(21) Applying to purchases from the United States postal
service and purchases of stamps and postal meter replenishment
from vendors at rates established by the United States postal
service;
(22) Applying to purchases of books, periodicals,
pamphlets,
newspapers, maintenance subscriptions, and other
published
materials;
(23) Applying to purchases from other state agencies,
including state-assisted institutions of higher education;
(24) Limiting the authority of the director of
environmental
protection to enter into contracts under division
(D) of section
3745.14 of the Revised Code to conduct compliance
reviews, as
defined in division (A) of that section;
(25) Applying to purchases from a qualified nonprofit
agency
pursuant to sections 125.60 to 125.6012 or 4115.31 to 4115.35 of the Revised
Code;
(26) Applying to payments by the department of job and
family
services to the United States department of health and
human
services for printing and mailing notices pertaining to the
tax
refund offset program of the internal revenue service of the
United States department of the treasury;
(27) Applying to contracts entered into by the department
of
mental retardation and developmental disabilities under
sections
5123.18, 5123.182, and 5123.199 of the Revised Code;
(28) Applying to payments made by the department of mental
health under a
physician recruitment program authorized by section
5119.101 of the Revised
Code;
(29) Applying to contracts entered into with persons by
the
director of commerce for unclaimed funds collection and
remittance
efforts as provided in division
(F) of section 169.03 of the
Revised
Code. The director shall keep
an itemized accounting of
unclaimed funds collected by those
persons and amounts paid to
them for their services.
(30) Applying to purchases made by a state institution of
higher
education
in accordance with the terms of a contract
between the vendor and an
inter-university purchasing group
comprised of purchasing officers of state
institutions of higher
education;
(31) Applying to the department of job and family
services'
purchases of health
assistance services under the children's
health insurance program part
I provided for under section 5101.50
of the Revised Code or the children's
health
insurance program
part II provided for under section 5101.51
of the Revised Code;
(32) Applying to payments by the attorney general from the
reparations fund to hospitals and other emergency medical
facilities for performing medical examinations to collect physical
evidence pursuant to section 2907.28 of the Revised Code;
(33) Applying to contracts with a contracting authority or
administrative receiver under division (G)(2)(B) of section 5126.055 5126.056
of the Revised Code;
(34) Applying to reimbursements paid to the United States department of veterans affairs for pharmaceutical and patient supply purchases made on behalf of the Ohio veterans' home agency;
(35) Applying to agreements the department of job and family services enters into with terminal distributors of dangerous drugs under section 5110.12 of the Revised Code.
(E) Notwithstanding division (B)(1) of this section, the
cumulative purchase threshold shall be seventy-five thousand
dollars for the departments of mental retardation and
developmental disabilities, mental health, rehabilitation and
correction, and youth services.
(F) When determining whether a state agency has reached
the
cumulative purchase thresholds established in divisions
(B)(1),
(B)(2), and (E) of this section, all of the following
purchases by
such agency shall not be considered:
(1) Purchases made through competitive selection or with
controlling board approval;
(2) Purchases listed in division (D) of this section;
(3) For the purposes of the thresholds of divisions (B)(1)
and (E) of this section only, leases of real estate.
(G) As used in this section,
"competitive selection,"
"purchase,"
"supplies," and
"services" have the same meanings as
in section 125.01 of the Revised Code.
Sec. 131.02. (A) Whenever any amount is payable to the state,
the officer, employee, or agent responsible for administering the
law under which the amount is payable shall immediately proceed
to
collect the amount or cause the amount to be collected and
shall
pay the amount into the state treasury or into the appropriate custodial fund in the manner set
forth
pursuant to section 113.08 of the Revised Code. If Except as otherwise provided in this division, if the
amount is
not paid within forty-five days after payment is due,
the officer,
employee, or agent shall certify the amount due to
the attorney
general, in the form and manner prescribed by the
attorney
general, and notify the director of budget and
management thereof. In the case of an amount payable by a student enrolled in a state institution of higher education, the amount shall be certified within the later of forty-five days after the amount is due or the tenth day after the beginning of the next academic semester, quarter, or other session following the session for which the payment is payable. The attorney general may assess the collection cost to the amount certified in such manner and amount as prescribed by the attorney general.
For the purposes of this section, a payment is due at the time provided in divisions (A)(1) to (9) of this section. If more than one division applies to a payment, the payment is due at the earliest of the applicable times.
(1) If a law, including an administrative rule, of this state prescribes the time a payment is required to be made or reported, when the payment is required by that law to be paid or reported.
(2) If the payment is for services rendered, when the rendering of the services is completed.
(3) If the payment is reimbursement for a loss, when the loss is incurred.
(4) In the case of a fine or penalty for which a law or administrative rule does not prescribe a time for payment, when the fine or penalty is first assessed.
(5) If the payment arises from a legal finding, judgment, or adjudication order, when the finding, judgment, or order is rendered or issued.
(6) If the payment arises from an overpayment of money by the state to another person, when the overpayment is discovered.
(7) The date on which the amount for which an individual is personally liable under section 5735.35, section 5739.33, or division (G) of section 5747.07 of the Revised Code is determined.
(8) Upon proof of claim being filed in a bankruptcy case.
(9)
Any other appropriate time determined by the officer, employee, or agent responsible for administering the law under which the amount is payable on the basis of statutory requirements or ordinary business processes of the state agency to which the payment is owed.
(B)(1) The attorney general shall give immediate notice by
mail
or
otherwise to the party indebted of the nature and amount
of the
indebtedness.
(2) If the amount payable to this state arises from a
tax
levied under Chapter 5733., 5739., 5741., or 5747. of the
Revised
Code, the notice also shall specify all of the following:
(a) The assessment or case number;
(b) The tax pursuant to which the assessment is made;
(c) The reason for the liability, including, if
applicable,
that a penalty or interest is due;
(d) An explanation of how and when interest will be added
to
the amount assessed;
(e) That the attorney general and tax commissioner,
acting
together, have
the authority, but are not required, to
compromise
the
claim and accept payment over a reasonable
time, if such
actions are in the
best interest of the state.
(C) The attorney general shall collect the claim or secure a
judgment and issue an execution for its collection.
(D) Each claim shall bear interest, from the day on which
the
claim became due, at the
rate per annum
required by section 5703.47 of the Revised Code.
(E) The attorney general and the chief officer of the agency
reporting a claim, acting together, may do any of the
following if such action is in the best interests of the state:
(1) Compromise the claim;
(2) Extend for a reasonable period the time for payment of
the claim by agreeing to accept monthly or other periodic
payments. The agreement may require security for payment of the
claim.
(3) Add fees to recover the cost of processing checks or other draft instruments returned for insufficient funds and the cost of providing electronic payment options.
(F)(1) Except as provided in division (F)(2) of this section, if the attorney general finds, after investigation, that any claim due and owing to the state is uncollectible, the attorney general, with the consent of the chief officer of the agency reporting the claim, may do the following:
(a) Sell, convey, or otherwise transfer the claim to one or more private entities for collection;
(b) Cancel the claim or cause it to be cancelled.
(2) The attorney general shall cancel or cause to be cancelled an unsatisfied claim on the date that is forty years after the date the claim is certified.
(3) If information contained in a claim that is sold, conveyed, or transferred to a private entity pursuant to this section is confidential pursuant to federal law or a section of the Revised Code that implements a federal law governing confidentiality, such information remains subject to that law during and following the sale, conveyance, or transfer.
Sec. 131.022. (A) As used in this section:
(1) "Final overdue claim" means a claim that has been certified to the attorney general under section 131.02 of the Revised Code, that has been final for at least one year, and for which no arrangements have been made for the payment thereof or, if such arrangements have been made, the person owing the claim has failed to comply with the terms of the arrangement for more than thirty days.
"Final overdue claim" includes collection costs incurred with respect to such a claim and assessed by the attorney general under division (A) of section 131.02 of the Revised Code, interest accreting to the claim under division (D) of that section, and fees added under division (E)(3) of that section.
(2) "Final" means a claim has been finalized under the law providing for the imposition or determination of the amount due, and any time provided for appeal of the amount, legality, or validity of the claim has expired without an appeal having been filed in the manner provided by law. "Final" includes, but is not limited to, a final determination of the tax commissioner for which the time for appeal has expired without a notice of appeal having been filed.
(B) If a claim is certified to the attorney general under section 131.02 of the Revised Code, at any time after the claim is a final overdue claim, the attorney general may sell or otherwise transfer the claim to any person. If the claim is to be sold, it may be sold by private negotiated sale or at public auction conducted by the attorney general or a designee, as is most likely, in the opinion of the attorney general, to yield the most favorable return on the sale. For the purposes of this division, a public auction includes an auction conducted electronically whereby bids are solicited and received via the internet and the solicitation is open to the public.
(C) The attorney general may consolidate any number of final overdue claims for sale under this section.
(D) Not less than sixty days before first offering a final overdue claim for sale, the attorney general shall provide written notice, by ordinary mail, to the person owing the claim at that person's last known mailing address. The notice shall state the following:
(1) The nature and amount of the claim;
(2) The manner in which the person may contact the office of the attorney general to arrange terms for payment of the claim;
(3) That if the person does not contact the office of the attorney general within sixty days after the date the notice is issued and arrange terms for payment of the claim all of the following apply:
(a) The claim will be offered for sale to a private party for collection by that party by any legal means;
(b) The person is deemed to be denied any right to seek and obtain a refund of any amount from which the claim arises if the applicable law otherwise allows for such a refund;
(c) The person is deemed to waive any right the person may have to confidentiality of information regarding the claim to the extent confidentiality is provided under any other section of the Revised Code.
(E) Upon the sale or transfer of a final overdue claim under this section, the claim becomes the property of the purchaser or transferee, and may be sold or otherwise transferred by that person to any other person or otherwise disposed of. The owner of the claim is entitled to all proceeds from the collection of the claim. Purchasers or transferees of a final overdue claim are subject to any applicable laws governing collection of debts of the kind represented by the claim.
(F) Upon the sale or transfer of a final overdue claim under this section, no refund shall be issued or paid to the person owing the claim for any part of the amount from which the claim arises.
(G)
Notwithstanding any other section of the Revised Code, the attorney general, solely for the purpose of effecting the sale or transfer of a final overdue claim under this section, may disclose information about the person owing the claim that otherwise would be confidential under a section of the Revised Code, and the person shall have no right of action against such disclosure to the extent such a right is available under that section.
(H) The authority granted under this section is supplemental to the authority granted under section 131.02 of the Revised Code.
Sec. 131.23. The various political subdivisions of this
state may issue bonds, and any indebtedness created by such
issuance shall not be subject to the limitations or included in
the calculation of indebtedness prescribed by sections 133.05,
133.06, 133.07, and 133.09 of the Revised Code, but such bonds
may be issued only under the following conditions:
(A) The subdivision desiring to issue such bonds shall
obtain from the county auditor a certificate showing the total
amount of delinquent taxes due and unpayable to such subdivision
at the last semiannual tax settlement.
(B) The fiscal officer of that subdivision shall prepare a
statement, from the books of the subdivision, verified by the
fiscal officer
under oath, which shall contain the following facts of such
subdivision:
(1) The total bonded indebtedness;
(2) The aggregate amount of notes payable or outstanding
accounts of the subdivision, incurred prior to the commencement
of the current fiscal year, which shall include all evidences of
indebtedness issued by the subdivision except notes issued in
anticipation of bond issues and the indebtedness of any
nontax-supported public utility;
(3) Except in the case of school districts, the aggregate
current year's requirement for disability
financial assistance and disability medical assistance provided under Chapter 5115. of the Revised
Code that the subdivision is unable to finance except by the
issue of bonds;
(4) The indebtedness outstanding through the issuance of
any bonds or notes pledged or obligated to be paid by any
delinquent taxes;
(5) The total of any other indebtedness;
(6) The net amount of delinquent taxes unpledged to pay
any bonds, notes, or certificates, including delinquent
assessments on improvements on which the bonds have been paid;
(7) The budget requirements for the fiscal year for bond
and note retirement;
(8) The estimated revenue for the fiscal year.
(C) The certificate and statement provided for in
divisions (A) and (B) of this section shall be forwarded to the
tax commissioner together with a request for authority to issue
bonds of such subdivision in an amount not to exceed seventy per
cent of the net unobligated delinquent taxes and assessments due
and owing to such subdivision, as set forth in division (B)(6) of
this section.
(D) No subdivision may issue bonds under this section in
excess of a sufficient amount to pay the indebtedness of the
subdivision as shown by division (B)(2) of this section and,
except in the case of school districts, to provide funds for
disability financial assistance and disability medical assistance, as shown by
division (B)(3) of this section.
(E) The tax commissioner shall grant to such subdivision
authority requested by such subdivision as restricted by
divisions (C) and (D) of this section and shall make a record of
the certificate, statement, and grant in a record book devoted
solely to such recording and which shall be open to inspection by
the public.
(F) The commissioner shall immediately upon issuing the
authority provided in division (E) of this section notify the
proper authority having charge of the retirement of bonds of such
subdivision by forwarding a copy of such grant of authority and
of the statement provided for in division (B) of this section.
(G) Upon receipt of authority, the subdivision shall
proceed according to law to issue the amount of bonds authorized
by the commissioner, and authorized by the taxing authority,
provided the taxing authority of that subdivision may by
resolution submit to the electors of that subdivision the
question of issuing such bonds. Such resolution shall make the
declarations and statements required by section 133.18 of the
Revised Code. The county auditor and taxing authority shall
thereupon proceed as set forth in divisions (C) and (D) of such
section. The election on the question of issuing such bonds
shall be held under divisions (E), (F), and (G) of such section,
except that publication of the notice of such election shall be
made on four separate days prior to such election in one or more
newspapers of general circulation in the subdivisions. Such
bonds may be exchanged at their face value with creditors of the
subdivision in liquidating the indebtedness described and
enumerated in division (B)(2) of this section or may be sold as
provided in Chapter 133. of the Revised Code, and in either event
shall be uncontestable.
(H) The per cent of delinquent taxes and assessments
collected for and to the credit of the subdivision after the
exchange or sale of bonds as certified by the commissioner shall
be paid to the authority having charge of the sinking fund of the
subdivision, which money shall be placed in a separate fund for
the purpose of retiring the bonds so issued. The proper
authority of the subdivisions shall provide for the levying of a
tax sufficient in amount to pay the debt charges on all such
bonds issued under this section.
(I) This section is for the sole purpose of assisting the
various subdivisions in paying their unsecured indebtedness, and
providing funds for disability financial assistance and disability medical assistance. The bonds issued under authority
of this section shall not be
used for any other purpose and any exchange for other purposes,
or the use of the money derived from the sale of such bonds by
the subdivision for any other purpose, is misapplication of
funds.
(J) The bonds authorized by this section shall be
redeemable or payable in not to exceed ten years from date of
issue and shall not be subject to or considered in calculating
the net indebtedness of the subdivision. The budget commission
of the county in which the subdivision is located shall annually
allocate such portion of the then delinquent levy due such
subdivision which is unpledged for other purposes to the payment
of debt charges on the bonds issued under authority of this
section.
(K) The issue of bonds under this section shall be
governed by Chapter 133. of the Revised Code, respecting the
terms used, forms, manner of sale, and redemption except as
otherwise provided in this section.
The board of county commissioners of any county may issue
bonds authorized by this section and distribute the proceeds of
such bond issues to any or all of the cities and townships of
such counties, according to their relative needs for disability
financial assistance and disability medical assistance as determined by such county.
All sections of the Revised Code inconsistent with or
prohibiting the exercise of the authority conferred by this
section are inoperative respecting bonds issued under this
section.
Sec. 133.08. (A) In addition to any power to issue
securities under other provisions of the Revised Code for the
purposes, a county may issue revenue securities as authorized in
this section.
(B) A county may issue revenue securities to fund or
refund revenue securities previously issued, or for any purposes
for which it could issue self-supporting securities and, without
limitation, any of the following general purposes:
(1) For one or more established sewer districts, any of
the purposes provided in divisions (C)(2)(a) and (b) of section
133.07 of the Revised Code;
(2) Hospital facilities as defined in division (E) of
section 140.01 of the Revised Code;
(3) Facilities described in division (C)(10) of section
133.07 of the Revised Code;
(4) Off-street parking facilities pursuant to section
307.02 of the Revised Code.
(C) The county shall establish rates or charges for the
use, availability, or rental of the facilities to which the
financing relates, being the improvement, enterprise, system,
project, or categories of improvements or the operation or
function that the facilities serve, which rates or charges shall
be designed to provide revenues to the county sufficient to pay
the costs of all current expenses of the facilities payable by
the county and to pay the debt charges on the securities and to
establish and maintain any contractually required special funds
relating to the securities or the facilities.
(D) Revenue securities issued under this section shall not
be general obligations of the county. Revenue securities issued
under this section shall be secured only by a pledge of and lien
upon the revenues of the county, derived from its ownership or
operation of the facilities, including those rates or charges or
rents and any interest subsidies or debt charges, grants, or
other payments by federal or state agencies available therefor,
and the covenants of the county to maintain sufficient rentals,
rates, and charges to produce revenues sufficient to pay all
current expenses of the facilities payable by the county and to
pay the debt charges on the securities and to establish and
maintain any contractually required special funds relating to the
securities or the facilities, and, if the securities are
anticipatory securities, to issue the revenue securities in
anticipation of the issuance of which the revenue securities are
issued. Revenue securities may also be secured by a pledge of
and lien on the proceeds of any securities issued to fund or
refund those revenue securities.
(E) The county officers authorized by the county taxing
authority shall execute the necessary documents, including but
not limited to trust agreements and leases, to provide for the
pledge, protection, and disposition of the pledged revenues from
which debt charges and any special fund deposits are to be paid.
(F) As long as any of these revenue securities, in either
original or refunded form, remain outstanding, except as
otherwise provided in those documents, all parts of the
facilities the revenues from which are pledged, shall remain
under the control of the county taxing authority, whether any
parts of the facilities are leased to or operated by others or
are in or thereafter come within the boundaries of any municipal
corporation, and the facilities shall remain subject to the power
and duty of the taxing authority to fix and collect rates or
charges or rents for the use of facilities.
(G) The authority to issue securities of the county under
this section for permanent improvements described in division
(B)(2) of this section or division (C)(2)(d) of section 133.07 of
the Revised Code may separately and independently be exercised by
a board of county hospital trustees established under section
339.02 of the Revised Code for those permanent improvements and
related operations under the control of that board.
(H) Sections 9.98 to 9.983 of the Revised Code apply to securities issued under this section, notwithstanding any other provision in this chapter.
Sec. 133.081. (A) As used in this section:
(1) "Anticipation notes" means notes issued in
anticipation of the sales tax supported bonds authorized by this
section;
(2) "Authorizing proceedings" means the
resolution, legislation, trust agreement, certification, and
other agreements, instruments, and documents, as amended and
supplemented, authorizing, or providing for the security or sale
or award of, sales tax supported bonds, and includes the
provisions set forth or incorporated in those bonds and
proceedings;
(3) "County sales tax" means any sales tax levied by the
taxing authority of a county pursuant to section 5739.021 or
5739.026 of the Revised
Code, and any tax levied by
that taxing authority upon storage, use, or consumption under
section 5741.021 or 5741.023 of the
Revised
Code. However, "county sales
tax" does not include a sales tax subject to referendum or a
sales tax that was adopted as an emergency measure and is
subject to initiative petition under section 5739.022 of the
Revised
Code.
(4) "Sales tax supported bonds" means the sales
tax supported bonds authorized by this section, including
anticipation notes;
(5) "Refunding bonds" means sales tax supported
bonds issued to provide for the refunding of the sales tax
supported bonds referred to in this section as refunded
obligations.
(B) The taxing
authority of a county which has levied a county sales tax for
the purpose of providing additional general revenues of the
county pursuant to Chapter
5739. of the Revised
Code may anticipate the
receipts of such tax and issue sales tax supported bonds of the
county in the principal amount necessary to pay the costs of
financing any permanent improvement as defined in division
(CC) of section 133.01 of the
Revised
Code, or to refund any refunded
obligations, provided that the taxing authority certifies that
the annual debt charges on the sales tax supported bonds, or on
the sales tax supported bonds being anticipated by anticipation
notes, do not exceed the estimated annual county sales tax. The
maximum aggregate amount of sales tax supported bonds that may
be outstanding at any time in accordance with their terms shall
not exceed an amount which requires or is estimated to require
payments from sales tax receipts of debt charges on the sales
tax supported bonds, or, in the case of anticipation notes,
projected debt charges on the sales tax supported bonds
anticipated, in any calendar year in an amount exceeding the
county sales tax in anticipation of which the bonds or
anticipation notes are issued as estimated by the fiscal officer
based on general sales tax receipts averaged for the prior two
calendar years prior to the year in which the sales tax
supported bonds are issued, and annualized for any increase in
the county sales tax which may have been levied in part during
such period or levied after such period. A taxing authority may
at any time issue renewal anticipation notes, issue sales tax
supported bonds to pay renewal anticipation notes, and, if it
considers refunding expedient, issue refunding sales tax
supported bonds whether the refunded obligations have or have
not matured. The refunding sales tax supported bonds shall be
sold and the proceeds needed for such purpose applied in the
manner provided in the authorizing proceedings of the taxing
authority. The maximum maturity of sales tax supported bonds
shall be calculated by the fiscal officer in accordance with
section 133.20 of the Revised
Code, and such calculation
shall be filed with the taxing authority of the county prior to
passage of a bond authorizing resolution. If the county sales
tax pledged to the payment of the sales tax supported bonds has
a stated expiration date, the final principal maturity date of
the sales tax supported bonds shall not extend beyond the final
year of collection of the county sales tax pledged to the
payment of the sales tax supported bonds.
(C) Every
issue of sales tax supported bonds outstanding in accordance
with their terms shall be payable out of the sales tax receipts
received by the county or proceeds of sales tax supported bonds,
renewal anticipation notes, or refunding sales tax supported
bonds which may be pledged for such payment in the authorizing
proceedings. The pledge shall be valid and binding from the
time the pledge is made, and the county sales tax receipts and
proceeds so pledged and thereafter received by the county shall
immediately be subject to the lien of that pledge without any
physical delivery of the county sales tax receipts or proceeds
or further act. The lien of any pledge is valid and binding as
against all parties having claims of any kind in tort, contract,
or otherwise against the county, whether or not such parties
have notice of the lien. Neither the resolution nor any trust
agreement by which a pledge is created or further evidenced need
be filed or recorded except in the records of the taxing
authority.
(D) Sales tax
supported bonds issued under this section do not constitute a
debt, or a pledge of the faith and credit, of the state, the
county, or any other political subdivision of the state, and the
holders or owners of the notes have no right to have taxes
levied by the general assembly or by the taxing authority of any
political subdivision of the state, including the taxing
authority of the county, for the payment of debt charges.
Unless paid from other sources, sales tax supported bonds are
payable from the sales tax receipts pledged for their payment as
authorized by this section. All sales tax supported bonds shall
contain on their face a statement to the effect that the sales
tax supported bonds, as to debt charges, are not debts or
obligations of the state and are not debts of any political
subdivision of the state, but, unless paid from other sources,
are payable from the sales tax receipts pledged for their
payment. The utilization and pledge of the sales tax receipts
and proceeds of sales tax supported bonds, renewal anticipation
notes, or refunding sales tax supported bonds for the payment of
debt charges is determined by the general assembly to create a
special obligation which is not a bonded indebtedness subject to
Section 11 of
Article
XII,
Ohio
Constitution.
(E) The sales
tax supported bonds shall bear such date or dates, shall be
executed in the manner, and shall mature at such time or times,
in the case of any anticipation notes not exceeding ten years
from the date of issue of the original anticipation notes and in
the case of any sales tax supported bonds or of any refunding
sales tax supported bonds, not exceeding the maximum maturity
certified to the taxing authority pursuant to division
(B) of this section, all as the
authorizing proceedings may provide. The sales tax supported
bonds shall bear interest at such rates, or at variable rate or
rates changing from time to time, in accordance with provisions
in the authorizing proceedings, be in such
denominations and form, either coupon or registered, carry such
registration privileges, be payable in such medium of payment
and at such place or places, and be subject to such terms of
redemption, as the taxing authority may authorize or provide.
The sales tax supported bonds may be sold at public or private
sale, and at, or at not less than, the price or prices as the
taxing authority determines. If any officer whose signature or
a facsimile of whose signature appears on any sales tax
supported bonds or coupons ceases to be such officer before
delivery of the sales tax supported bonds or anticipation notes,
the signature or facsimile shall nevertheless be sufficient for
all purposes as if that officer had remained in office until
delivery of the sales tax supported bonds. Whether or not the
sales tax supported bonds are of such form and character as to
be negotiable instruments under
Title
XIII of the
Revised
Code, the sales tax supported
bonds shall have all the qualities and incidents of negotiable
instruments, subject only to any provisions for registration.
Neither the members of the board of the taxing authority nor any
person executing the sales tax supported bonds shall be liable
personally on the sales tax supported bonds or be subject to any
personal liability or accountability by reason of their
issuance.
(F) Notwithstanding
any other provision of this section, sections 9.98 to 9.983,
133.02, 133.70, and 5709.76, and division
(A) of section 133.03 of the
Revised
Code apply to the sales tax
supported bonds. Sales tax supported bonds issued under this
section need not comply with any other law applicable to notes
or bonds but the authorizing proceedings may provide that
divisions (B) to
(E) of section 133.25 of the
Revised
Code apply to the sales tax
supported bonds or anticipation notes.
(G) Any authorized proceedings may contain provisions, subject to any
agreements with holders as may then exist, which shall be a part
of the contract with the holders, as to the pledging of any or
all of the county's anticipated sales tax receipts to secure the
payment of the sales tax supported bonds; the use and
disposition of the sales tax receipts of the county; the
crediting of the proceeds of the sale of sales tax supported
bonds to and among the funds referred to or provided for in the
authorizing proceedings; limitations on the purpose to which the
proceeds of the sales tax supported bonds may be applied and the
pledging of portions of such proceeds to secure the payment of
the sales tax supported bonds or of anticipation notes; the
agreement of the county to do all things necessary for the
authorization, issuance, and sale of those notes anticipated in
such amounts as may be necessary for the timely payment of debt
charges on any anticipation notes; limitations on the issuance
of additional sales tax supported bonds; the terms upon which
additional sales tax supported bonds may be issued and secured;
the refunding of refunded obligations; the procedure by which
the terms of any contract with holders may be amended, and the
manner in which any required consent to amend may be given;
securing any sales tax supported bonds by a trust agreement or
other agreement; and any other matters, of like or different
character, that in any way affect the security or protection of
the sales tax supported bonds or anticipation notes.
(H) The taxing
authority of a county may not repeal, rescind, or reduce any
portion of a county sales tax pledged to the payment of debt
charges on sales tax supported bonds issued by the county while
such sales tax supported bonds remain outstanding, and no
portion of a county sales tax pledged to the payment of debt
charges on sales tax supported bonds shall be subject to repeal
or reduction by the electorate of the county or by the taxing
authority of the county while such sales tax supported bonds are
outstanding.
Sec. 133.09. (A) Unless it is a township that has
adopted a limited home rule government under Chapter 504. of the
Revised Code, a township shall not incur net
indebtedness that exceeds an
amount equal to five per cent of its tax valuation and, except as
specifically authorized by section 505.262 of the Revised Code or other laws,
shall not incur any net indebtedness unless authorized by vote of the
electors.
(B) A township that
has adopted a limited home rule government under
Chapter 504. of the Revised Code shall not incur net
indebtedness that exceeds an amount equal to ten and one-half
per cent of its tax valuation, or incur without a vote of the
electors net indebtedness that exceeds an amount equal to five
and one-half per cent of that tax valuation. In calculating the
net indebtedness of a township that has adopted a limited home
rule government, none of the following securities shall be
considered:
(1) Self-supporting securities issued for any
purpose;
(2) Securities issued for the purpose of purchasing,
constructing, improving, or extending water or sanitary or
surface and storm water sewerage systems or facilities, or a
combination of those systems or facilities, to the extent that
an agreement entered into with another subdivision requires the
other subdivision to pay to the township amounts equivalent to
debt charges on the securities;
(3) Securities that are not general obligations of the
township;
(4) Voted securities issued for the purposes of
redevelopment to the extent that their principal amount does not
exceed an amount equal to two per cent of the tax valuation of
the township;
(5) Securities issued for the purpose of acquiring or
constructing roads, highways, bridges, or viaducts, or for the
purpose of acquiring or making other highway permanent
improvements, to the extent that the resolution of the board of township
trustees authorizing the issuance of the securities includes a covenant
to appropriate from money distributed to the township under
Chapter 4501., 4503.,
4504., or 5735. of the Revised Code a sufficient amount to
cover debt charges on and financing costs relating to the
securities as they become due;
(6) Securities issued for energy conservation measures
under section 505.264 of the Revised Code.
(C) In calculating the net indebtedness of any
township, no obligation incurred
under division (B) of section 513.17 or under section 505.261, 505.264,
505.265, 505.267, or 505.37 of the Revised Code, or in connection with a project undertaken pursuant to Section 515.03 of H.B. 66 of the 126th General Assembly,
shall be considered.
Sec. 140.01. As used in this chapter:
(A)
"Hospital agency" means any public hospital agency or
any
nonprofit hospital agency.
(B)
"Public hospital agency" means any county, board of
county hospital trustees established pursuant to section 339.02
of
the Revised Code, county hospital commission established
pursuant
to section 339.14 of the Revised Code, municipal
corporation,
new
community authority organized under Chapter 349. of the Revised
Code, joint township hospital district, state or municipal
university or
college operating or authorized to operate a
hospital facility, or the state.
(C)
"Nonprofit hospital agency" means a corporation or
association not for profit, no part of the net earnings of which
inures or may lawfully inure to the benefit of any private
shareholder or individual, that has authority to own or operate a
hospital facility or provides or is to provide services to one or
more other hospital agencies.
(D)
"Governing body" means, in the case of a county, the
board of county commissioners or other legislative body; in the
case of a board of county hospital trustees, the board; in the
case of a county hospital commission, the commission; in the case
of a municipal corporation, the council or other legislative
authority;
in the case of a new community authority, its board of
trustees; in the case of a joint township hospital district, the
joint township district hospital board; in the case of a state or
municipal university or college, its board of trustees or board
of
directors; in the case of a nonprofit hospital agency, the
board
of trustees or other body having general management
of the
agency; and,
in the case of the state, the director of
development
or the Ohio
higher educational facility commission.
(E)
"Hospital facilities" means buildings, structures and
other improvements, additions thereto and extensions thereof,
furnishings, equipment, and real estate and interests in real
estate, used or to be used for or in connection with one or more
hospitals, emergency, intensive, intermediate, extended,
long-term, or self-care facilities, diagnostic and treatment and
out-patient facilities, facilities related to programs for home
health services, clinics, laboratories, public health centers,
research facilities, and rehabilitation facilities, for or
pertaining to diagnosis, treatment, care, or rehabilitation of
sick, ill, injured, infirm, impaired, disabled, or handicapped
persons, or the prevention, detection, and control of disease,
and
also includes education, training, and food service
facilities for
health professions personnel, housing facilities
for such
personnel and their families, and parking and service
facilities
in connection with any of the foregoing; and includes
any one,
part of, or any combination of the foregoing; and
further includes
site improvements, utilities, machinery,
facilities, furnishings,
and any separate or connected buildings,
structures, improvements,
sites, utilities, facilities, or
equipment to be used in, or in
connection with the operation or
maintenance of, or supplementing
or otherwise related to the
services or facilities to be provided
by, any one or more of such
hospital facilities.
(F)
"Costs of hospital facilities" means the costs of
acquiring hospital facilities or interests in hospital facilities, including membership interests in nonprofit hospital agencies, costs of constructing hospital facilities, costs of improving
one or more hospital facilities, including reconstructing,
rehabilitating, remodeling, renovating, and enlarging, costs of
equipping and furnishing such facilities, and all financing costs
pertaining thereto, including, without limitation thereto, costs
of engineering, architectural, and other professional services,
designs, plans, specifications and surveys, and estimates of
cost,
costs of tests and inspections, the costs of any indemnity
or
surety bonds and premiums on insurance, all related direct or
allocable administrative expenses pertaining thereto, fees and
expenses of trustees, depositories, and paying agents for the
obligations, cost of issuance of the obligations and financing
charges and fees and expenses of financial advisors, attorneys,
accountants, consultants and rating services in connection
therewith, capitalized interest on the obligations, amounts
necessary to establish reserves as required by the bond
proceedings, the reimbursement of all moneys advanced or applied
by the hospital agency or others or borrowed from others for the
payment of any item or items of costs of such facilities, and all
other expenses necessary or incident to planning or determining
feasibility or practicability with respect to such facilities,
and
such other expenses as may be necessary or incident to the
acquisition, construction, reconstruction, rehabilitation,
remodeling, renovation, enlargement, improvement, equipment, and
furnishing of such facilities, the financing thereof, and the
placing of the same in use and operation, including any one, part
of, or combination of such classes of costs and expenses, and means the costs of refinancing obligations issued by, or reimbursement of money advanced by, nonprofit hospital agencies or others the proceeds of which were used for the payment of costs of hospital facilities, if the governing body of the public hospital agency determines that the refinancing or reimbursement advances the purposes of this chapter, whether or not the refinancing or reimbursement is in conjunction with the acquisition or construction of additional hospital facilities.
(G)
"Hospital receipts" means all moneys received by or on
behalf of a hospital agency from or in connection with the
ownership, operation, acquisition, construction, improvement,
equipping, or financing of any hospital facilities, including,
without limitation thereto, any rentals and other moneys received
from the lease, sale, or other disposition of hospital
facilities,
and any gifts, grants, interest subsidies, or other
moneys
received under any federal program for assistance in
financing the
costs of hospital facilities, and any other gifts,
grants, and
donations, and receipts therefrom, available for
financing the
costs of hospital facilities.
(H)
"Obligations" means bonds, notes, or other evidences
of
indebtedness or obligation, including interest coupons
pertaining
thereto, issued or issuable by a public hospital
agency to pay
costs of hospital facilities.
(I)
"Bond service charges" means principal, interest, and
call premium, if any, required to be paid on obligations.
(J)
"Bond proceedings" means one or more ordinances,
resolutions, trust agreements, indentures, and other agreements
or
documents, and amendments and supplements to the foregoing, or
any
combination thereof, authorizing or providing for the terms, including any variable interest rates, and conditions applicable
to, or providing for the security of, obligations and the
provisions contained in such obligations.
(K)
"Nursing home" has the same meaning as in division
(A)(1)
of section 5701.13 of the Revised Code.
(L)
"Residential care facility" has the same meaning as in
division (A)(2)
of section 5701.13 of the Revised Code.
(M)
"Adult care facility" has the same meaning as in
division
(A)(3) of section 5701.13 of the Revised Code.
(N)
"Independent living facility" means any self-care
facility or other housing facility designed or used as a
residence
for elderly persons. An
"independent living facility"
does not
include a residential facility, or that part of a
residential
facility, that is any of the following:
(1) A hospital required to be certified by section 3727.02
of the Revised Code;
(2) A nursing home or residential care facility;
(3) An adult care facility;
(4) A hospice licensed under section 3712.04 of the
Revised
Code;
(5) A habilitation center as defined in section 5123.041
of
the Revised Code;
(6) A residential facility for the mentally ill licensed
by
the department of mental health under section 5119.22 of the
Revised Code;
(7)(6) A facility licensed to provide methadone treatment
under
section 3793.11 of the Revised Code;
(8)(7) A facility certified as an alcohol and drug addiction
program under
section 3793.06 of the Revised Code;
(9)(8) A residential facility licensed under section 5123.19
of
the Revised Code or a facility providing services under a
contract
with the department of mental retardation and
developmental
disabilities under section 5123.18 of the Revised
Code;
(10)(9) A residential facility used as part of a hospital to
provide housing for staff of the hospital or students pursuing a
course of study at the hospital.
Sec. 141.011. Beginning in calendar year
2001, the annual
salaries of the elective officers of the state shall be as
follows
rather than as prescribed by divisions (A) to (F) of
section
141.01 of the Revised Code:
(A)(1) In calendar year 2001 the annual salary of the
governor shall be
one hundred twenty-six thousand four hundred
ninety-seven dollars.
(2) In calendar years 2002 through 2006 the annual salary
of the governor
shall be one hundred thirty
thousand two hundred
ninety-two dollars.
(3) In calendar year 2007 the annual salary of the governor
shall
be
the annual salary in 2006 increased by each of the
following percentages
in succession:
(a) The lesser of three per cent or the percentage
increase,
if
any, in the consumer price index from October 1, 2001, to
September 30, 2002, rounded to the
nearest one-tenth of one per
cent;
(b) The lesser of three per cent or the percentage
increase,
if
any, in the consumer price index from October 1, 2002, to
September 30, 2003, rounded to the
nearest one-tenth of one per
cent;
(c) The lesser of three per cent or the percentage increase,
if
any, in the consumer price index from October 1, 2003, to
September 30, 2004, rounded to the
nearest one-tenth of one per
cent;
(d) The lesser of three per cent or the percentage increase,
if
any, in the consumer price index from October 1, 2004, to
September 30, 2005, rounded to the
nearest one-tenth of one per
cent;
(e) The lesser of three per cent or the percentage increase,
if
any, in the consumer price index from October 1, 2005, to
September 30, 2006, rounded to the
nearest one-tenth of one per
cent.
(4) In calendar year 2008 and thereafter, the annual salary
of
the governor shall be the annual salary in 2007 increased by
the lesser
of the following:
(b) The percentage increase, if any, in the consumer price
index
from October 1, 2006, to September 30, 2007, rounded to the
nearest one-tenth of one per cent.
(B)(1) In calendar year 2001 the annual salary of the
lieutenant
governor
shall be sixty-six thousand three
hundred six
dollars.
(2) In calendar years 2002 through 2006 the annual salary
of the
lieutenant governor shall be
sixty-eight thousand two
hundred ninety-five dollars.
(3) In calendar
year 2007 the annual salary of the lieutenant
governor
shall be the annual salary in 2006 increased by each of
the following
percentages in succession:
(a) The lesser of three per cent or the percentage increase,
if
any, in the consumer price index from October 1, 2001, to
September 30, 2002, rounded to the
nearest one-tenth of one per
cent;
(b) The lesser of three per cent or the percentage
increase,
if
any, in the consumer price index from October 1, 2002, to
September 30, 2003, rounded to the
nearest one-tenth of one per
cent;
(c) The lesser of three per cent or the percentage
increase,
if
any, in the consumer price index from October 1, 2003, to
September 30, 2004, rounded to the
nearest one-tenth of one per
cent;
(d) The lesser of three per cent or the percentage
increase, if
any, in the consumer price index from October 1,
2004, to
September 30, 2005, rounded to the
nearest one-tenth of
one per cent;
(e) The lesser of three per cent or the percentage increase,
if
any, in the consumer price index from October 1, 2005, to
September 30, 2006, rounded to the
nearest one-tenth of one per
cent.
(4) In calendar year 2008 and thereafter, the annual salary
of
the lieutenant governor shall be the annual salary in 2007
increased by the lesser of the following:
(b) The percentage increase, if any, in the consumer price
index
from October 1, 2006 to September 30, 2007, rounded to the
nearest one-tenth of one per cent.
If the governor appoints the lieutenant governor as an
administrative
department head or as the director of the office of
criminal justice
services under section 108.05 of the Revised
Code, the lieutenant governor
may accept
the salary for that
office while serving as its head in lieu of the salary for
the
office of lieutenant governor.
(C)(1) In calendar year 2001 the annual salary of the
secretary of
state,
auditor of state, treasurer of state, and
attorney general shall be ninety-three thousand four hundred
forty-seven
dollars.
(2) In calendar year 2002 the
annual
salary of the
secretary of state, auditor of state, treasurer of state, and
attorney general
shall be ninety-six thousand two
hundred fifty
dollars.
(3) In each calendar year from 2003 through 2008, the annual
salary of the secretary of state, auditor of state, treasurer of
state, and attorney general shall be increased by
the lesser of
the following:
(b) The percentage increase, if any, in the consumer price
index
over the twelve-month period that ends on the thirtieth day
of
September of the immediately preceding year, rounded to the
nearest one-tenth of one per cent.
(D) Upon the death of an elected executive officer of the
state listed in divisions (A) to (F) of section 141.01 of the
Revised Code during that person's term of office, an amount shall
be paid in accordance with section 2113.04 of the Revised Code, or
to that
person's estate. The amount shall equal the amount of the
salary that the
officer would have received during the remainder
of the officer's unexpired
term or an amount equal to the salary
of that person's office for two years,
whichever is less.
(E) As used in this section, "consumer price index" has the
same
meaning as in section 101.27 of the Revised Code.
Sec. 141.04. (A) The annual salaries of the chief justice
of the supreme court and of the justices and judges named in this
section payable from the state treasury are as follows, rounded to
the nearest fifty dollars:
(1) For the chief justice of the supreme court, the
following amounts effective in the following years:
(a) Beginning January 1, 2000, one hundred twenty-four
thousand nine hundred dollars;
(b) Beginning January 1, 2001, one hundred twenty-eight
thousand six hundred fifty dollars;
(c) After 2001, the amount determined
under division (E)(1) of this section.
(2) For the justices of the supreme court, the following
amounts effective in the following years:
(a) Beginning January 1, 2000, one hundred seventeen
thousand two hundred fifty dollars;
(b) Beginning January 1, 2001, one hundred twenty
thousand seven hundred fifty dollars;
(c) After 2001, the amount
determined
under division (E)(1) of this section.
(3) For the judges of the courts of appeals, the
following
amounts effective in the following years:
(a) Beginning January 1, 2000, one hundred nine
thousand two hundred fifty dollars;
(b) Beginning January 1, 2001, one hundred twelve
thousand five hundred fifty dollars;
(c) After 2001, the amount determined
under division (E)(1) of this section.
(4) For the judges of the courts of common pleas, the following amounts
effective in the following years:
(a) Beginning January 1, 2000, one hundred thousand five
hundred dollars, reduced by an amount equal to the annual compensation paid to
that judge from the county treasury pursuant to section 141.05 of the
Revised Code;
(b) Beginning January 1, 2001, one hundred
three thousand five hundred dollars, reduced by an amount equal to the annual
compensation paid to that judge from the county treasury
pursuant to section 141.05 of the Revised Code;
(c) After 2001, the aggregate annual salary amount
determined
under division (E)(2) of this section reduced by an amount equal
to the annual compensation paid to that judge from the county treasury
pursuant to section 141.05
of the Revised Code.
(5) For the full-time judges of a municipal court or the
part-time judges of a municipal court of a territory having a
population of more than fifty thousand, the following amounts
effective in the following years, which amounts shall be in
addition to all amounts received pursuant to divisions (B)(1)(a)
and (2) of section 1901.11 of the Revised Code from
municipal corporations and counties:
(a) Beginning January 1, 2000, thirty-two thousand six hundred
fifty dollars;
(b) Beginning January 1, 2001, thirty-five thousand five
hundred dollars;
(c) After 2001, the amount determined
under division (E)(3) of this section.
(6) For judges of a municipal court designated as part-time judges by
section 1901.08 of the Revised Code, other than part-time judges to whom
division
(A)(5) of this section applies, and for judges of a county court, the
following amounts effective in the following years, which amounts shall be in
addition to any amounts received pursuant to division
(A) of section 1901.11 of the Revised Code from municipal corporations and
counties
or pursuant to division (A) of section 1907.16 of the Revised Code
from counties:
(a) Beginning January 1, 2000, eighteen thousand eight
hundred dollars;
(b) Beginning January 1, 2001, twenty thousand four
hundred fifty dollars;
(c) After 2001, the amount determined
under division (E)(4) of this section.
(B) Except as provided in section 1901.121 of the Revised
Code, except as otherwise provided in this division, and
except for the compensation to which the judges
described in division (A)(5) of this section are entitled
pursuant to divisions (B)(1)(a) and (2) of
section 1901.11
of the Revised Code, the annual salary of the chief justice of the supreme
court and of each justice or judge listed in
division (A) of this section shall be paid in equal monthly
installments from the state treasury. If the chief justice of the
supreme court
or any justice or judge listed in division (A)(2),
(3), or (4) of this
section delivers a written request to be paid biweekly to the administrative
director of the supreme court prior to the first day of January
of any year, the annual salary of the chief justice or the
justice or judge that is listed in
division (A)(2), (3), or (4) of this section shall
be paid, during the year
immediately following the year in which the request is delivered
to the administrative director of the supreme court, biweekly from the
state treasury.
(C) Upon the death of the chief justice or a justice of
the supreme court during that person's term of office, an amount shall be paid
in accordance with section 2113.04 of the Revised Code, or to that person's
estate. The amount shall equal the amount of the salary that the chief
justice or justice would have received during the
remainder of the unexpired term or an amount equal to the salary of
office for two years, whichever is less.
(D) Neither the chief justice of the supreme court nor any justice or
judge of the supreme court, the court of appeals, the court of
common pleas, or the probate court shall hold any other office of
trust or profit under the authority of this state or the United
States.
(E)(1) Each calendar year from 2002
through
2008, the annual salaries of the chief justice of the supreme court and of the
justices and judges named in divisions (A)(2) and (3) of this section
shall be increased by an amount equal to the adjustment percentage for that
year multiplied by the compensation paid the preceding year pursuant to
division (A)(1), (2), or (3) of this section.
(2) Each calendar year from 2002 through 2008, the aggregate
annual salary payable under division (A)(4) of this section to the
judges named in that division shall be increased by an amount
equal to the adjustment percentage for that year multiplied by the
aggregate compensation paid the preceding year pursuant to
division (A)(4) of this section and section 141.05 of the
Revised Code.
(3) Each calendar year from 2002 through 2008, the salary payable
from the state treasury under division (A)(5) of this section to
the judges named in that division shall be increased by an amount equal to the
adjustment percentage for that year
multiplied by the aggregate compensation paid the preceding year pursuant
to division (A)(5) of this section and division (B)(1)(a)
of section 1901.11 of the Revised Code.
(4) Each calendar year from 2002 through 2008, the salary payable
from the state treasury under division (A)(6) of this section to
the judges named in that division shall be increased by an amount equal to the
adjustment percentage for that year
multiplied by the aggregate compensation paid the preceding year pursuant
to division (A)(6) of this section and division (A) of
section 1901.11 of the Revised Code from municipal
corporations
and counties or division (A) of section 1907.16 of the
Revised
Code from counties.
(F) In addition to the salaries payable pursuant to this section, the chief justice of the supreme court and the justices of the supreme court shall be entitled to a vehicle allowance of five hundred dollars per month, payable from the state treasury. The allowance shall be increased on the first day of January of each odd numbered year by an amount equal to the percentage increase, if any, in the consumer price index for the immediately preceding twenty-four month period for which information is available.
(G) As used in this section:
(1) The "adjustment percentage" for a year is the lesser of the
following:
(b) The percentage increase, if any, in the consumer price
index
over the twelve-month period that ends on the thirtieth day of
September of the immediately preceding year, rounded to the
nearest one-tenth of one per cent.
(2) "Consumer price index" has the same meaning as in section
101.27 of the Revised Code.
(3) "Salary" does not include any
portion of the cost, premium, or charge for health, medical,
hospital, dental, or surgical benefits, or any combination of
those benefits, covering the chief justice of the supreme court
or a justice or judge named in this section and paid on the chief
justice's or the justice's or judge's behalf by a governmental
entity.
Sec. 145.01. As used in this chapter:
(A) "Public employee" means:
(1) Any person holding an office, not elective, under the
state or any
county, township, municipal corporation, park
district, conservancy district,
sanitary district, health
district, metropolitan housing authority, state
retirement board,
Ohio historical society, public library, county law library,
union
cemetery, joint hospital, institutional commissary, state
university, or
board, bureau, commission, council, committee,
authority, or administrative
body as the same are, or have been,
created by action of the general assembly
or by the legislative
authority of any of the units of local government named
in
division (A)(1) of this section, or employed and
paid in whole or
in part by the state or any
of the authorities named in division
(A)(1) of this
section in any capacity not covered by
section
742.01, 3307.01, 3309.01, or 5505.01 of the Revised Code.
(2) A person who is a member of the public employees
retirement system
and who
continues to perform the same or similar
duties under the direction of a
contractor who has contracted to
take over what before the date of the
contract was a publicly
operated function. The governmental unit with which
the contract
has been made shall be deemed the employer for the purposes of
administering this chapter.
(3) Any person who is an employee of a public employer,
notwithstanding that
the person's compensation for that employment
is derived from funds of a
person or entity other than the
employer. Credit for such service shall be
included as total
service credit, provided that the employee makes the
payments
required by this chapter, and the employer makes the payments
required by sections 145.48 and 145.51 of the Revised Code.
(4) A person who elects in accordance with section 145.015
of the Revised
Code to remain a contributing member of the public
employees retirement
system.
In all cases of doubt, the public employees retirement board
shall determine
whether any person is a public employee, and its
decision is final.
(B) "Member" means any public employee, other than a public
employee excluded
or exempted from membership in the retirement
system by section 145.03,
145.031, 145.032, 145.033, 145.034,
145.035, or 145.38 of the Revised Code.
"Member" includes a PERS
retirant who becomes a member under division
(C) of section 145.38
of the Revised Code. "Member" also includes a
disability benefit
recipient.
(C) "Head of the department" means the elective or
appointive head of the
several executive, judicial, and
administrative departments, institutions,
boards, and commissions
of the state and local government as the same are
created and
defined by the laws of this state or, in case of a charter
government, by that charter.
(D) "Employer" or "public employer" means the state or any
county, township,
municipal corporation, park district,
conservancy district, sanitary district,
health district,
metropolitan housing authority, state retirement board, Ohio
historical society, public library, county law library, union
cemetery, joint
hospital, institutional commissary, state medical
college, state university,
or board, bureau, commission, council,
committee, authority, or administrative
body as the same are, or
have been, created by action of the general assembly
or by the
legislative authority of any of the units of local government
named
in this division not covered by section 742.01, 3307.01,
3309.01, or 5505.01 of the Revised
Code. In addition, "employer"
means the employer of any public employee.
(E) "Prior service" means all service as a public employee
rendered before
January 1, 1935, and all service as an employee of
any employer who comes
within the state teachers retirement system
or of the school employees
retirement system or of any other
retirement system established under the laws
of this state
rendered prior to January 1, 1935, provided that if the employee
claiming the service was employed in any capacity covered by that
other system
after that other system was established, credit for
the service may be allowed
by the public employees retirement
system only when the employee has made
payment, to be computed on
the salary earned from the date of appointment to
the date
membership was established in the public employees retirement
system,
at the rate in effect at the time of payment, and the
employer has made
payment of the corresponding full liability as
provided by section 145.44 of
the Revised Code. "Prior service"
also means all service credited for active
duty with the armed
forces of the United States as provided in section 145.30
of the
Revised Code.
If an employee who has been granted prior service credit by
the public
employees retirement system for service rendered prior
to January 1, 1935, as
an employee of a board of education
establishes, before retirement, one year
or more of contributing
service in the state teachers retirement system or
school
employees retirement system, then the prior service ceases to be
the
liability of this system.
If the board determines that a position of any member in any
calendar year
prior to January 1, 1935, was a part-time position,
the board shall determine
what fractional part of a year's credit
shall be allowed by the following
formula:
(1) When the member has been either elected or appointed to
an office the
term of which was two or more years and for which an
annual salary is
established, the fractional part of the year's
credit shall be computed as
follows:
First, when the member's annual salary is one thousand
dollars or less, the
service credit for each such calendar year
shall be forty per cent of a year.
Second, for each full one hundred dollars of annual salary
above one thousand
dollars, the member's service credit for each
such calendar year shall be
increased by two and one-half per
cent.
(2) When the member is paid on a per diem basis, the service
credit for any
single year of the service shall be determined by
using the number of days of
service for which the compensation was
received in any such year as a
numerator and using two hundred
fifty days as a denominator.
(3) When the member is paid on an hourly basis, the service
credit for any
single year of the service shall be determined by
using the number of hours of
service for which the compensation
was received in any such year as a
numerator and using two
thousand hours as a denominator.
(F) "Contributor" means any person who has an account in the
employees'
savings fund created by section 145.23 of the Revised
Code. When used in
the sections listed in division (B) of section
145.82 of the
Revised Code, "contributor" includes any person
participating in a
PERS defined contribution plan.
(G) "Beneficiary" or "beneficiaries" means the estate or a
person or persons
who, as the result of the death of a member,
contributor, or retirant, qualify
for or are receiving some right
or benefit under this chapter.
(H)(1) "Total service credit," except as provided in section
145.37 of the
Revised Code, means all service credited to a member
of the retirement system
since last becoming a member, including
restored service credit as provided by
section 145.31 of the
Revised Code; credit purchased under sections 145.293
and 145.299
of the Revised Code; all the member's prior service credit; all
the member's military service credit computed as provided in this
chapter; all
service credit established pursuant to section
145.297 of the Revised Code;
and any other service credited under
this chapter. In addition, "total
service credit" includes any
period, not in excess of three years, during
which a member was
out of service and receiving benefits under Chapters 4121.
and
4123. of the Revised Code. For the exclusive purpose of
satisfying the
service credit requirement and of determining
eligibility for benefits under
sections 145.32, 145.33, 145.331,
145.35, 145.36, and 145.361 of the Revised
Code, "five or more
years of total service credit" means sixty or more
calendar months
of contributing service in this system.
(2) "One and one-half years of contributing service
credit,"
as used in division (B) of section 145.45 of the Revised
Code,
also means eighteen or more calendar months of employment
by a
municipal corporation that formerly operated its own
retirement
plan for its employees or a part of its employees,
provided that
all employees of that municipal retirement plan who have
eighteen
or more months of such employment, upon
establishing membership in
the public employees retirement
system, shall make a payment of
the contributions they would have paid
had they been members of
this system for the eighteen months of
employment preceding the
date membership was established. When
that payment has been made
by all such employee
members, a
corresponding payment shall be
paid into the employers'
accumulation fund by that municipal
corporation as the employer
of the employees.
(3) Where a member also is a member of the state teachers
retirement system
or the school employees retirement system, or
both, except in cases of
retirement on a combined basis pursuant
to section 145.37 of the Revised Code
or as provided in section
145.383 of the Revised Code,
service credit for any period shall
be credited on the basis of the ratio that
contributions to the
public employees retirement system
bear to total
contributions in
all state retirement systems.
(4) Not more than one year of credit may be given for any
period of twelve
months.
(5) "Ohio service credit" means credit for service that was
rendered to the
state or any of its political subdivisions or any
employer.
(I) "Regular interest" means interest at any rates for the
respective funds and accounts as the public employees retirement
board may
determine from time to time.
(J) "Accumulated contributions" means the sum of all
amounts
credited to a contributor's individual account in the
employees'
savings fund together with any interest
credited to the
contributor's account under section 145.471 or 145.472 of the
Revised Code.
(K)(1) "Final average salary" means the quotient obtained
by
dividing by three the sum of the three full calendar years of
contributing service in which the member's earnable salary was
highest, except that if the member has a partial year of
contributing service in the year the member's employment
terminates and the member's earnable salary for the partial year
is higher
than for any comparable period in the three years, the
member's earnable
salary for the partial year shall be substituted
for the member's earnable
salary for the comparable period during
the three years in which the member's
earnable salary was lowest.
(2) If a member has less than three years of contributing
service, the
member's final average salary shall be the member's
total earnable salary
divided by the total number of years,
including any fraction of a year, of the
member's contributing
service.
(3) For the purpose of calculating benefits payable to a
member qualifying for service credit under division (Z) of this
section, "final average salary" means the total earnable salary
on
which contributions were made divided by the total number of
years
during which contributions were made, including any
fraction of a
year. If contributions were made for less than
twelve months,
"final average salary" means the member's total
earnable salary.
(L) "Annuity" means payments for life derived from
contributions made by a
contributor and paid from the annuity and
pension reserve fund as provided in
this chapter. All annuities
shall be paid in twelve equal monthly
installments.
(M) "Annuity reserve" means the present value, computed upon
the basis of the
mortality and other tables adopted by the board,
of all payments to be made on
account of any annuity, or benefit
in lieu of any annuity, granted to a
retirant as provided in this
chapter.
(N)(1) "Disability retirement" means retirement as provided
in section 145.36
of the Revised Code.
(2) "Disability allowance" means an allowance paid on
account of disability
under section 145.361 of the Revised Code.
(3) "Disability benefit" means a benefit paid as disability
retirement under
section 145.36 of the Revised Code, as a
disability allowance under section
145.361 of the Revised Code, or
as a disability benefit under section 145.37
of the Revised Code.
(4) "Disability benefit recipient" means a member who is
receiving a
disability benefit.
(O) "Age and service retirement" means retirement as
provided in sections
145.32, 145.33, 145.331, 145.34, 145.37, and
145.46 of the Revised Code.
(P) "Pensions" means annual payments for life derived from
contributions made
by the employer that at the time of retirement
are credited into the annuity
and pension reserve fund from the
employers' accumulation fund and paid from
the annuity and pension
reserve fund as provided in this chapter. All
pensions shall be
paid in twelve equal monthly installments.
(Q) "Retirement allowance" means the pension plus that
portion of the benefit
derived from contributions made by the
member.
(R)(1) Except as otherwise provided in division (R)
of this
section, "earnable salary" means
all salary, wages, and other
earnings paid to a contributor by reason of
employment in a
position covered by the retirement system. The salary, wages,
and
other earnings shall be determined prior to determination of the
amount
required to be contributed to the employees' savings fund
under section 145.47
of the Revised Code and without regard to
whether any of the salary, wages, or
other earnings are treated as
deferred income for federal income tax
purposes. "Earnable
salary" includes the following:
(a) Payments made by the employer in lieu of salary, wages,
or other earnings
for sick leave, personal leave, or vacation used
by the contributor;
(b) Payments made by the employer for the conversion of sick
leave, personal
leave, and vacation leave accrued, but not used if
the payment is made
during
the year in which the leave is accrued,
except that payments made pursuant to
section 124.383 or 124.386
of the Revised Code are not earnable salary;
(c) Allowances paid by the employer for full maintenance,
consisting of
housing, laundry, and meals, as certified to the
retirement board by the
employer or the head of the department
that employs the contributor;
(d) Fees and commissions paid under section 507.09 of the
Revised Code;
(e) Payments that are made under a disability leave program
sponsored by the
employer and for which the employer is required
by section 145.296 of the
Revised Code to make periodic employer
and employee contributions;
(f) Amounts included pursuant to divisions (K)(3) and (Y) of
this section.
(2) "Earnable salary" does not include any of the following:
(a) Fees and commissions, other than those paid under
section 507.09 of the
Revised Code, paid as sole compensation for
personal services and fees and
commissions for special services
over and above services for which the
contributor receives a
salary;
(b) Amounts paid by the employer to provide life insurance,
sickness,
accident, endowment, health, medical, hospital, dental,
or surgical coverage,
or other insurance for the contributor or
the contributor's family, or amounts
paid by the employer to the
contributor in lieu of providing the insurance;
(c) Incidental benefits, including lodging, food, laundry,
parking, or
services furnished by the employer, or use of the
employer's property or
equipment, or amounts paid by the employer
to the contributor in lieu of
providing the incidental benefits;
(d) Reimbursement for job-related expenses authorized by the
employer,
including moving and travel expenses and expenses
related to professional
development;
(e) Payments for accrued but unused sick leave, personal
leave, or
vacation
that are made at any time other than in the
year in which the sick leave,
personal leave, or vacation was
accrued;
(f) Payments made to or on behalf of a contributor that are
in excess of the
annual compensation that may be taken into
account by the retirement system
under division (a)(17) of section
401 of the "Internal Revenue Code of 1986,"
100 Stat. 2085, 26
U.S.C.A. 401(a)(17), as amended;
(g) Payments made under division (B), (C), or (E) of section
5923.05 of the Revised
Code, Section 4 of Substitute Senate Bill
No. 3 of the 119th general
assembly, Section 3 of Amended
Substitute Senate Bill
No. 164 of the 124th general assembly, or
Amended Substitute House Bill No. 405 of the 124th general
assembly;
(h) Anything of value received by the contributor that is
based on or
attributable to retirement or an agreement to retire,
except that payments
made on or before January 1, 1989, that are
based on or attributable to an
agreement to retire shall be
included in earnable salary if both of the
following apply:
(i) The payments are made in accordance with contract
provisions that were in
effect prior to January 1, 1986;
(ii) The employer pays the retirement system an amount
specified by the
retirement board equal to the additional
liability resulting from the
payments.
(3) The retirement board shall determine by rule whether any
compensation not
enumerated in division (R) of this section is
earnable salary, and its decision shall be
final.
(S) "Pension reserve" means the present value, computed upon
the basis of the
mortality and other tables adopted by the board,
of all payments to be made on
account of any retirement allowance
or benefit in lieu of any retirement
allowance, granted to a
member or beneficiary under this chapter.
(T)(1) "Contributing service" means all service credited to
a member of the
system since January 1, 1935, for which
contributions are made as required by
sections 145.47, 145.48, and
145.483 of the Revised Code. In any year
subsequent to 1934,
credit for any service shall be allowed by the following
formula:
(a) For each month for which the member's earnable salary is
two hundred
fifty dollars or more, allow one month's credit.
(b) For each month for which the member's earnable salary is
less than two
hundred fifty dollars, allow a fraction of a month's
credit. The numerator of
this fraction shall be the earnable
salary during the month, and the
denominator shall be two hundred
fifty dollars, except that if the member's
annual earnable salary
is less than six hundred dollars, the member's credit
shall not be
reduced below twenty per cent of a year for a calendar year of
employment during which the member worked each month.
Division
(T)(1)(b) of this section shall not
reduce any credit earned
before January 1, 1985.
(2) Notwithstanding division (T)(1) of this section, an
elected official who
prior to January 1, 1980, was granted a full
year of credit for each year of
service as an elected official
shall be considered to have earned a full year
of credit for each
year of service regardless of whether the service was
full-time or
part-time. The public employees retirement board has no
authority
to reduce the credit.
(U) "State retirement board" means the public employees
retirement board, the
school employees retirement board, or the
state teachers retirement board.
(V) "Retirant" means any former member who retires and is
receiving a monthly
allowance as provided in sections 145.32,
145.33, 145.331, 145.34, and 145.46
of the Revised Code.
(W) "Employer contribution" means the amount paid by an
employer as
determined under section 145.48 of the Revised
Code.
(X) "Public service terminates" means the last day for which
a public
employee is compensated for services performed for an
employer or the date of
the employee's death, whichever occurs
first.
(Y) When a member has been elected or appointed to an
office, the term of
which is two or more years, for which an
annual salary is established, and in
the event that the salary of
the office is increased and the member is denied
the additional
salary by reason of any constitutional provision prohibiting an
increase in salary during a term of office, the member may elect
to have the
amount of the member's contributions calculated upon
the basis of the
increased salary for the office. At the member's
request, the board shall
compute the total additional amount the
member would have contributed, or the
amount by which each of the
member's contributions would have increased, had
the member
received the increased salary for the office the member holds. If
the member elects to have the amount by which the member's
contribution would
have increased withheld from the member's
salary, the member shall notify the
employer, and the employer
shall make the withholding and transmit it to the
retirement
system. A member who has not elected to have that amount withheld
may elect at any time to make a payment to the retirement system
equal to the
additional amount the member's contribution would
have increased, plus
interest on that contribution, compounded
annually at a rate established by
the board and computed from the
date on which the last contribution would have
been withheld from
the member's salary to the date of payment. A member may
make a
payment for part of the period for which the increased
contribution was
not withheld, in which case the interest shall be
computed from the date the
last contribution would have been
withheld for the period for which the
payment is made. Upon the
payment of the increased contributions as provided
in this
division, the increased annual salary as provided by law for the
office for the period for which the member paid increased
contributions
thereon shall be used in determining the member's
earnable salary for the
purpose of computing the member's final
average salary.
(Z) "Five years of service credit," for the exclusive
purpose of satisfying
the service credit requirements and of
determining eligibility for benefits
under section 145.33 of the
Revised Code, means employment covered under this
chapter or under
a former retirement plan operated, recognized, or endorsed by
the
employer prior to coverage under this chapter or under a
combination of
the coverage.
(AA) "Deputy sheriff" means any person who is commissioned
and employed as a
full-time peace officer by the sheriff of any
county, and has been so employed
since on or before December 31,
1965, and whose primary duties are to preserve
the peace, to
protect life and property, and to enforce the laws of this
state;
any person who is or has been commissioned and employed as a peace
officer by the sheriff of any county since January 1, 1966, and
who has
received a certificate attesting to the person's
satisfactory completion of
the peace officer training school as
required by section 109.77 of the Revised
Code and whose primary
duties are to preserve the peace, protect life and
property, and
enforce the laws of this state; or any person deputized by the
sheriff of any county and employed pursuant to section 2301.12 of
the Revised
Code as a criminal bailiff or court constable who has
received a certificate
attesting to the person's satisfactory
completion of the peace officer
training school as required by
section 109.77 of the Revised Code and whose
primary duties are to
preserve the peace, protect life and property, and
enforce the
laws of this state.
(BB) "Township constable or police officer in a township
police department or
district" means any person who is
commissioned and employed as a full-time
peace officer pursuant to
Chapter 505. or 509. of the Revised Code, who has
received a
certificate attesting to the person's satisfactory completion of
the peace officer training school as required by section 109.77 of
the Revised
Code, and whose primary duties are to preserve the
peace, protect life and
property, and enforce the laws of this
state.
(CC) "Drug agent" means any person who is either of the
following:
(1) Employed full-time as a narcotics agent by a county
narcotics agency
created pursuant to section 307.15 of the Revised
Code and has received a
certificate attesting to the satisfactory
completion of the peace officer
training school as required by
section 109.77 of the Revised Code;
(2) Employed full-time as an undercover drug agent as
defined in section
109.79 of the Revised Code and is in compliance
with section 109.77 of the
Revised Code.
(DD) "Department of public safety enforcement agent" means a
full-time
employee of the
department of public safety who is
designated under section 5502.14
of the Revised Code as an
enforcement agent and who is in compliance with
section 109.77
of
the Revised Code.
(EE) "Natural resources law enforcement staff officer" means
a
full-time employee of the department of natural resources who is
designated a
natural resources law enforcement staff officer under
section 1501.013 of the
Revised Code
and
is in compliance with
section 109.77 of the Revised Code.
(FF) "Park officer" means a full-time employee of the
department of
natural
resources who is designated a park officer
under section 1541.10 of the
Revised Code and is in compliance
with section 109.77 of the Revised Code.
(GG) "Forest officer" means a full-time employee of the
department of natural
resources who is designated a forest officer
under section 1503.29 of the
Revised Code and is in compliance
with section 109.77 of the Revised Code.
(HH) "Preserve officer" means a full-time
employee of the
department of natural resources who is
designated a preserve
officer under section 1517.10 of the
Revised
Code and is in
compliance with
section 109.77 of the Revised
Code.
(II) "Wildlife officer" means a full-time employee of the
department
of
natural resources who is designated a wildlife
officer under section 1531.13
of the Revised Code and is in
compliance with section 109.77 of the Revised
Code.
(JJ) "State watercraft officer" means a full-time
employee
of the department
of natural resources who is designated a state
watercraft officer under
section 1547.521 of the Revised Code and
is in compliance with section 109.77
of the Revised Code.
(KK) "Park district police officer" means a full-time
employee of a park
district who is designated pursuant to section
511.232 or 1545.13 of the
Revised Code and is in compliance with
section 109.77 of the Revised Code.
(LL) "Conservancy district officer" means a full-time
employee of a
conservancy district who is designated pursuant to
section 6101.75 of the
Revised Code and is in compliance with
section 109.77 of the Revised Code.
(MM) "Municipal police officer" means a member of the
organized police
department of a municipal corporation who is
employed full-time, is in
compliance with section 109.77 of the
Revised Code, and is not a member of the
Ohio police and fire
pension fund.
(NN) "Veterans' home police officer" means
any
person
who is employed at
a veterans' home as a
police officer
pursuant to section 5907.02 of the
Revised Code and
is in
compliance with section 109.77 of the Revised Code.
(OO) "Special police officer for a mental health
institution" means any
person who is designated as such pursuant
to section 5119.14 of the Revised
Code and is in compliance with
section 109.77 of the Revised Code.
(PP) "Special police officer for an institution for the
mentally retarded and
developmentally disabled" means any person
who is designated as such pursuant
to section 5123.13 of the
Revised Code and is in compliance with section
109.77 of the
Revised Code.
(QQ) "State university law enforcement officer" means any
person who is
employed full-time as a state university law
enforcement officer pursuant to
section 3345.04 of the Revised
Code and who is in compliance with section
109.77 of the Revised
Code.
(RR)
"House sergeant at arms" means any person appointed by
the speaker of the house of representatives under division (B)(1)
of section 101.311 of the Revised Code who has arrest authority
under division (E)(1) of that section.
(SS) "Assistant house sergeant at arms" means any person
appointed by the house sergeant at arms under division (C)(1) of
section 101.311 of the Revised Code.
(TT) "Regional transit authority police officer" means a
person who is
employed full time as a regional transit authority
police officer under
division (Y) of section 306.35 of the Revised
Code
and is in
compliance with section 109.77 of the Revised Code.
(UU)
"State highway patrol police officer" means a special
police
officer employed full time and designated by the
superintendent of the
state highway patrol pursuant to section
5503.09 of the
Revised Code or a person serving
full time as a
special police officer pursuant to that section on a
permanent
basis on October 21, 1997, who is in compliance
with section
109.77 of the Revised Code.
(VV) "Municipal public safety director" means a person who serves full-time as the public safety director of a municipal corporation with the duty of directing the activities of the municipal corporation's police department and fire department.
(WW) Notwithstanding section 2901.01 of the Revised Code,
"PERS law enforcement
officer" means a sheriff, deputy sheriff,
township constable or police officer
in a township police
department or district, drug agent, municipal public safety director, department of public
safety
enforcement agent, natural resources law enforcement staff
officer,
park officer, forest officer, preserve officer,
wildlife
officer, state watercraft
officer, park district police officer,
conservancy district officer,
veterans' home police officer,
special police officer for a mental health
institution, special
police officer for an institution for the mentally
retarded and
developmentally disabled, state university law enforcement
officer,
municipal
police officer,
house sergeant at arms,
assistant house
sergeant
at arms, regional transit authority
police officer, or
state highway patrol police officer.
(WW)(XX)
"Hamilton county municipal court
bailiff" means a
person
appointed by
the clerk of courts of the Hamilton county
municipal
court under
division
(A)(3) of section 1901.32 of the
Revised Code
who is employed full time as a
bailiff or deputy
bailiff, who has
received a certificate attesting to the
person's
satisfactory
completion of the peace officer basic training
described in
division (D)(1) of section 109.77 of the Revised
Code,
and whose
primary duties are to preserve the peace, to
protect
life and
property, and to
enforce the laws of this state.
(XX)(YY) "Fiduciary" means a person who does any of the
following:
(1) Exercises any discretionary authority or control with
respect to the
management of the system or with respect to the
management or disposition of
its assets;
(2) Renders investment advice for a fee, direct or indirect,
with respect to
money or property of the system;
(3) Has any discretionary authority or responsibility in the
administration
of the system.
(YY)(ZZ) "Actuary" means an individual who satisfies all of
the
following
requirements:
(1) Is a member of the American academy of actuaries;
(2) Is an associate or fellow of the society of actuaries;
(3) Has a minimum of five years' experience in providing
actuarial services
to public retirement plans.
(ZZ)(AAA) "PERS defined benefit plan" means the plan described in
sections 145.201 to 145.79 of the Revised Code.
(AAA)(BBB) "PERS defined contribution plans" means the plan or
plans established under section 145.81 of the Revised Code.
Sec. 145.33. (A) Except as provided in division (B)
or
(C)
of
this section, a member with at least five years of
total
service
credit who has attained age sixty, or who has thirty
years
of total Ohio service credit, may apply for age and service
retirement, which shall consist of:
(1) An annuity having a reserve equal to the amount of the
member's accumulated contributions at that time;
(2) A pension equal to the annuity provided by division
(A)(1) of this section;
(3) An additional pension, if the member can qualify for
prior service, equal to forty dollars multiplied by the number of
years, and fraction thereof, of such prior and military service
credit;
(4) A basic annual pension equal to one hundred eighty
dollars if the member has ten or more years of total service
credit as of October 1, 1956, except that the basic annual
pension
shall not exceed the sum of the annual benefits provided
by
divisions (A)(1), (2), and (3) of this section.
(5) When a member retires on age and service retirement,
the
member's total annual single lifetime allowance,
including the
allowances provided in divisions (A)(1), (2), (3), and (4) of
this
section, shall be not less than a base amount adjusted in
accordance with division (A)(5) of this section
and determined by
multiplying the
member's total service credit by the greater of
the following:
(b) Two and two-tenths per cent of the member's final
average salary
for each of the first thirty years of service plus
two and
one-half per cent of the member's final average salary for
each subsequent year of service.
The allowance shall be adjusted by the factors of attained
age or years of service to provide the greater amount as
determined by the following schedule:
|
|
Years of |
|
Percentage |
Attained |
or |
Total Service |
|
of |
Birthday |
|
Credit |
|
Base Amount |
58 |
|
25 |
|
75 |
59 |
|
26 |
|
80 |
60 |
|
27 |
|
85 |
61 |
|
|
|
88 |
|
|
28 |
|
90 |
62 |
|
|
|
91 |
63 |
|
|
|
94 |
|
|
29 |
|
95 |
64 |
|
|
|
97 |
65 |
|
30 or more |
|
100 |
Members shall vest the right to a benefit in accordance
with
the following schedule, based on the member's attained age
by
September 1, 1976:
|
|
|
Percentage |
|
Attained |
|
of |
|
Birthday |
|
Base Amount |
|
66 |
|
102 |
|
67 |
|
104 |
|
68 |
|
106 |
|
69 |
|
108 |
|
70 or more |
|
110 |
(6) The total annual single lifetime allowance that a
member
shall receive under division (A)(5) of this section shall
not
exceed the lesser of one hundred per cent of the
member's final
average salary or the limit established by section 415 of the
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 415,
as amended.
(B)(1) For the purposes of divisions (B) to
(G) of
this
section,
"total service credit as a
PERS law enforcement officer"
and "total service credit as a Hamilton county municipal
court
bailiff" include
credit for military service to the extent
permitted by
division
(E)(2) of this section and credit for
service as a police
officer or state
highway patrol trooper to the
extent permitted by
divisions
(E)(3)
and (4) of
this
section.
(2) A member who meets the conditions in division
(B)(2)(a),
(b),
(c), or (d) of
this section may apply for an age and
service
retirement benefit under this
division:
(a)
The member has attained age
forty-eight and has at least
twenty-five years of
total service
credit as
a
PERS
law
enforcement officer
whose primary
duties were to preserve the
peace, protect
life and property, and
enforce the laws in the
member's
jurisdiction;
(b)
The member has attained age
fifty-two, and has at
least
twenty-five years of total service
credit
as a
PERS law
enforcement officer, but the
member's primary duties were other
than to preserve the peace,
protect life and property, and enforce
the laws in the member's
jurisdiction;
(c) The member has attained age fifty-two and has at least
twenty-five years of total service as a Hamilton county municipal
court bailiff;
(d) The member has attained age sixty-two and has at
least
fifteen years of total
service credit as
either of the
following:
(i) A PERS
law
enforcement officer;
(ii) A Hamilton
county municipal court bailiff.
(3) A benefit paid under division (B)(2) of this section
shall
consist of an annual single lifetime allowance equal to the
sum
of
two and one-half per cent of the member's final average
salary
multiplied by the first twenty-five years of the member's
total
service plus two and one-tenth per cent of the member's
final
average salary multiplied by the number of years of the
member's
total service credit in excess of
twenty-five years.
(4) A member with at least fifteen years of total service
credit as a
PERS law enforcement
officer
or Hamilton county
municipal court bailiff who voluntarily resigns or is
discharged
for any
reason except death, dishonesty, cowardice,
intemperate
habits, or conviction of a felony may apply for an
age
and service
retirement benefit, which shall consist of an
annual
single
lifetime allowance equal to one and one-half per
cent of
the
member's final average salary multiplied by the
number of
years of
the member's total service credit. The
allowance shall
commence
on the first day of the calendar month
following the
month in
which the application is filed with the
public employees
retirement board on or after the attainment by
the applicant of
age fifty-two.
(C)(1) A member with at least
twenty-five years of total
service credit
who
would be eligible to retire under
division
(B)(2)(b) or (c) of this section had the member
attained
age
fifty-two and who voluntarily resigns or
is
discharged
for any
reason
except death, dishonesty,
cowardice,
intemperate
habits, or
conviction of a felony, on
or after the
date of
attaining
forty-eight years of
age, but before the date of
attaining
fifty-two years
of age, may elect to receive a reduced
benefit as
determined by the following
schedule:
|
Attained Age |
|
Reduced Benefit |
|
48 |
|
75% of the benefit payable under |
|
|
|
division (B)(3) of this section |
|
49 |
|
80% of the benefit payable under |
|
|
|
division (B)(3) of this section |
|
50 |
|
86% of the benefit payable under |
|
|
|
division (B)(3) of this section |
|
51 |
|
93% of the benefit payable under |
|
|
|
division (B)(3) of this section |
(2) If a member elects to receive a reduced benefit
after
attaining age forty-eight the reduced benefit is payable from the
later of the
date of the member's most
recent birthday or the date
the
member becomes eligible to receive the reduced benefit.
(3) Once a member elects to receive a reduced benefit
determined by the schedule in division
(C)(1) of this
section
and
has received a payment, the
member may not reelect to change
that
election.
(4) If a member who has resigned or been discharged has left
on
deposit the member's accumulated contributions in the
employees' savings
fund and has not elected to receive a reduced
benefit determined
by the schedule in division
(C)(1) of this
section, upon
attaining fifty-two years of age, the member shall
be entitled to receive a
benefit computed and paid under division
(B)(3) of this
section.
(D) A benefit paid under division (B)
or
(C) of
this
section
shall not exceed the lesser of
ninety per cent of the
member's
final average salary or the limit established
by section
415 of
the
"Internal Revenue Code of
1986," 100 Stat. 2085, 26
U.S.C.A.
415, as amended.
(E)(1) A member with service credit as a
PERS law
enforcement
officer
or a Hamilton county municipal court bailiff
and other service credit under this chapter
may elect one
of the
following:
(a) To have all the member's service credit under this
chapter,
including credit for service as a
PERS law enforcement
officer
or Hamilton county municipal court bailiff, used
in
calculating a retirement allowance under division
(A) of this
section if the member qualifies for an allowance under
that
division;
(b) If the member qualifies for an allowance under division
(B) or
(C) of this section, to
have the
member's service credit
as a
PERS law enforcement
officer
or
Hamilton county municipal
court bailiff used in
calculating a
benefit under
the appropriate
division and
the member's
credit
for all service other than
PERS
law enforcement
service
or
service as a Hamilton county municipal
court bailiff under this
chapter used in calculating a benefit
consisting of a single life
annuity having a reserve equal to the
amount of the member's
accumulated contributions and an
equal
amount of the employer's
contributions.
(2) Notwithstanding sections 145.01 and 145.30 of the
Revised Code, no more than four years of military service credit
granted under section 145.30 of the Revised Code and five years
of
military service credit purchased under section 145.301 or 145.302
of the
Revised Code shall be used in calculating service as a
PERS
law
enforcement officer
or Hamilton county municipal court bailiff
or the total service credit of that person.
(3) Only credit for the member's service as a
PERS law
enforcement
officer or service credit obtained as a police officer
or state
highway patrol trooper shall be used in computing the
benefit of a member who qualifies for a benefit
under
division
(B)(2)(a), (b), or (d)(ii) or
(4) or division
(C) of
this
section
for the
following:
(a) Any person who originally is commissioned and employed
as a deputy sheriff by the sheriff of any county, or who
originally is elected
sheriff, on or after January 1, 1975;
(b) Any deputy sheriff who originally is employed as a
criminal bailiff
or court constable on or after April 16, 1993;
(c) Any person who originally is appointed as a township
constable or police officer in a township police department or
district on or after January 1, 1981;
(d) Any person who originally is employed as a county
narcotics agent on or after September 26, 1984;
(e) Any person who originally is employed as an undercover
drug agent as defined in section 109.79 of the Revised Code,
department of public safety enforcement agent who prior to June
30, 1999, was a liquor
control investigator, park officer,
forest
officer, wildlife officer,
state watercraft officer, park district
police
officer, conservancy district officer,
veterans' home
police officer, special police officer for a mental health
institution,
special police officer for an institution for the
mentally retarded
and developmentally disabled, or municipal
police officer on or
after December 15, 1988;
(f) Any person who originally is employed as a state
university
law enforcement officer on or after
November 6, 1996;
(g)
Any person who is originally employed as a state
university law
enforcement officer by the university of Akron on
or after September
16, 1998;
(h) Any person who originally is employed as a preserve
officer
on or after March
18, 1999;
(i) Any person who originally is employed as a natural
resources
law enforcement staff officer on or after March 18,
1999;
(j) Any person who is originally employed as a department
of
public safety enforcement agent on or after June 30,
1999;
(k) Any person who is originally employed as a house
sergeant at arms or assistant house sergeant at arms on or after
September 5, 2001;
(l)
Any person who is originally appointed as a regional
transit authority police officer or state highway patrol police
officer on or after
February
1, 2002;
(m) Any person who is originally employed as a municipal public safety director on or after the effective date of this amendment.
(4) Only credit for a member's service as a Hamilton county
municipal court bailiff or service credit obtained as a PERS law
enforcement officer, police officer, or state highway patrol
trooper shall be used in computing the benefit of a member who
qualifies for a benefit under division (B)(2)(c) or (d)(ii) or (4)
or
division (C) of
this
section for any person who originally is
employed as a
Hamilton
county municipal court bailiff on or after
November 6,
1996.
(F) Retirement allowances determined under this section
shall be paid as provided in section 145.46 of the Revised Code.
(G) For the purposes of this section, service prior to
June
30, 1999,
as a food stamp trafficking agent under
former
section
5502.14 of the Revised Code shall be considered service as
a
law
enforcement
officer.
Sec. 147.05.
(A) Before entering upon the duties of
the
office
of notary public,
a notary
public
shall leave
the
notary
public's commission with the oath
endorsed
on the
commission with
the
clerk of the court of common pleas of
the
county in which
the
notary public resides. The
clerk shall
record the commission
in
a book
kept for that purpose.
The
clerk shall
endorse on the
margin of the record and on the back
of the
commission the time
that the clerk received
the commission for record
and make
a
proper index to
all
commissions
so recorded. For recording
and
indexing
a commission, the
fee of the
clerk
shall be
as
provided
in division (R) of section 2303.20
of the Revised
Code.
(B) The secretary of state shall maintain a record of the
commissions of each notary public appointed and commissioned by
the secretary of state under this chapter and make a proper index
to that record.
The governor's office shall transfer to the secretary of
state's office, on or after
the effective date of this amendment
June 6, 2001,
the record of notaries public formerly kept by the
governor's
office under section 107.10 of the Revised Code. The
secretary of
state's office shall maintain that record together
with the record
and index of commissions of notaries public
required by this
division.
(C) If a notary public legally changes the notary public's name or address after having been commissioned as a notary public, the notary public shall notify the secretary of state and the appropriate clerk of courts within thirty days after the name or address change. Notification to the secretary of state shall be on a form prescribed by the secretary of state.
(D) A notary, other than an attorney, who resigns the person's commission shall deliver to the secretary of state, on a form prescribed by the secretary of state, a written notice indicating the effective date of resignation.
Sec. 147.10. No notary public shall do or perform any act as a notary public
knowing that his the notary public's term of office has expired or that the notary public has resigned the notary public's commission.
Sec. 147.11. A person appointed notary public who performs any act as such after the expiration of his the person's term of office or after the person resigns the person's commission, knowing that his the person's term has expired or that the person has resigned, shall forfeit not more than five hundred dollars, to be recovered by an action in the name of the state. Such act shall render such the person ineligible for reappointment.
Sec. 147.12. An official act done by a notary public after the expiration of
his the notary public's term of office or after the notary public resigns the notary public's commission is as valid as if done
during his the notary public's term of office.
Sec. 147.371. (A) Upon receipt of a fee of two dollars and an
affidavit that the
original commission
of a notary public has been
lost or destroyed, a duplicate commission as
notary public shall
be issued by the
secretary of state.
(B) Upon receipt of a fee of two dollars and the properly completed, prescribed form for a name and address change under division (C) of section 147.05 of the Revised Code, the secretary of state shall issue a duplicate commission as a notary public.
Sec. 149.30. The Ohio historical society, chartered by
this state as a corporation not for profit to promote a knowledge
of history and archaeology, especially of Ohio, and operated
continuously in the public interest since 1885, may perform
public functions as prescribed by law.
The general assembly may appropriate money to the Ohio
historical society each biennium to carry out the public
functions of the society as enumerated in this section. An
appropriation by the general assembly to the society constitutes
an offer to contract with the society to carry out those public
functions for which appropriations are made. An acceptance by
the society of the appropriated funds constitutes an acceptance
by the society of the offer and is considered an agreement by the
society to perform those functions in accordance with the terms
of the appropriation and the law and to expend the funds only for
the purposes for which appropriated. The governor may request on
behalf of the society, and the controlling board may release,
additional funds to the society for survey, salvage, repair, or
rehabilitation of an emergency nature for which funds have not
been appropriated, and acceptance by the society of
those funds constitutes an agreement on the part of the society to
expend
those funds only for the purpose for which released by the
controlling board.
The society shall faithfully expend and apply all moneys
received from the state to the uses and purposes directed by law
and for necessary administrative expenses. The If the general assembly appropriates money to the society for grants or subsidies to other entities for their site-related programs, the society, except for good cause, shall distribute the money within ninety days of accepting a grant or subsidy application for the money.
The society shall
perform the public function of sending notice by certified mail
to the owner of any property at the time it is listed on the
national register of historic places. The society shall
accurately record all expenditures of such funds in conformity
with generally accepted accounting principles.
The auditor of state shall audit all funds and fiscal
records of the society.
The public functions to be performed by the Ohio historical
society shall include all of the following:
(A) Creating, supervising, operating, protecting,
maintaining, and promoting for public use a system of state
memorials, titles to which may reside wholly or in part with this
state or wholly or in part with the society as provided in and in
conformity to appropriate acts and resolves of the general
assembly, and leasing for renewable periods of two years or less,
with the advice and consent of the attorney general and the
director of administrative services, lands and buildings owned by
the state which are in the care, custody, and control of the
society, all of which shall be maintained and kept for public use
at reasonable hours;
(B) Making alterations and improvements, marking, and
constructing, reconstructing, protecting, or restoring
structures, earthworks, and monuments in its care, and equipping
such facilities with appropriate educational maintenance
facilities;
(C) Serving as the archives administration for the state
and its political subdivisions as provided in sections 149.31 to
149.42 of the Revised Code;
(D) Administering a state historical museum, to be the
headquarters of the society and its principal museum and library,
which shall be maintained and kept for public use at reasonable
hours;
(E) Establishing a marking system to identify all
designated historic and archaeological sites within the state and
marking or causing to be marked historic sites and communities
considered by the society to be historically or archaeologically
significant;
(F) Publishing books, pamphlets, periodicals, and other
publications about history, archaeology, and natural science and
offering one copy of each regular periodical issue to all public
libraries in this state at a reasonable price, which shall not exceed one hundred ten per cent more than the total cost of publication;
(G) Engaging in research in history, archaeology, and
natural science and providing historical information upon request
to all state agencies;
(H) Collecting, preserving, and making available by all
appropriate means and under approved safeguards all manuscript,
print, or near-print library collections and all historical
objects, specimens, and artifacts which pertain to the history of
Ohio and its people, including the following original documents:
Ohio Constitution of 1802; Ohio Constitution of 1851; proposed
Ohio Constitution of 1875; design and the letters of patent and
assignment of patent for the state flag; S.J.R. 13 (1873); S.J.R.
53 (1875); S.J.R. 72 (1875); S.J.R. 50 (1883); H.J.R. 73 (1883);
S.J.R. 28 (1885); H.J.R. 67 (1885); S.J.R. 17 (1902); S.J.R. 28
(1902); H.J.R. 39 (1902); S.J.R. 23 (1903); H.J.R. 19 (1904);
S.J.R. 16 (1905); H.J.R. 41 (1913); H.J.R. 34 (1917); petition
form (2) (1918); S.J.R. 6 (1921); H.J.R. 5 (1923); H.J.R. 40
(1923); H.J.R. 8 (1929); H.J.R. 20 (1929); S.J.R. 4 (1933);
petition form (2) (1933); S.J.R. 57 (1936); petition form (1936);
H.J.R. 14 (1942); H.J.R. 15 (1944); H.J.R. 8 (1944); S.J.R. 6
(1947); petition form (1947); H.J.R. 24 (1947); and H.J.R. 48
(1947);
(I) Encouraging and promoting the organization and
development of county and local historical societies;
(J) Providing to Ohio schools such materials as the society may prepare to facilitate the
instruction of Ohio history at a reasonable price, which shall not exceed one hundred ten per cent more than the total cost of preparation and delivery;
(K) Providing advisory and technical assistance to local
societies for the preservation and restoration of historic and
archaeological sites;
(L) Devising uniform criteria for the designation of
historic and archaeological sites throughout the state and
advising local historical societies of the criteria and their
application;
(M) Taking inventory, in cooperation with the Ohio arts
council, the Ohio archaeological council, and the archaeological
society of Ohio, of significant designated and undesignated state
and local sites and keeping an active registry of all designated
sites within the state;
(N) Contracting with the owners or persons having an
interest in designated historic or archaeological sites or
property adjacent or contiguous to those sites, or
acquiring, by
purchase, gift, or devise, easements in those sites or in
property
adjacent or contiguous to those sites, in order to control
or
restrict the use of those historic or archaeological sites
or
adjacent or contiguous property for the purpose of restoring or
preserving the historical or archaeological significance or
educational value of those sites;
(O) Constructing a monument honoring Governor James A.
Rhodes, which shall stand on the northeast quadrant of the
grounds surrounding the capitol building. The monument shall be
constructed with private funds donated to the Ohio historical
society and designated for this purpose. No public funds shall
be expended to construct this monument. The department of
administrative services shall cooperate with the Ohio historical
society in carrying out this function and shall maintain the
monument in a manner compatible with the grounds of the capitol
building.
(P) Commissioning a portrait of each departing governor, which shall be
displayed in the capitol building. The Ohio historical society may
accept private contributions designated for this purpose and, at the
discretion of its board of trustees, also may apply for the same purpose funds
appropriated by the general assembly to the society pursuant to this section.
(Q) Planning and developing a center at the capitol
building for the purpose of educating visitors about the history
of Ohio, including its political, economic, and social
development and the design and erection of the capitol building
and its grounds. The Ohio historical society may accept
contributions of private moneys and in-kind services designated
for this purpose and may, at the discretion of its board of
trustees, also apply, for the same purpose, personnel and other
resources paid in whole or in part by its state subsidy.
(R) Submitting an annual report of its activities,
programs, and operations to the governor within two months after
the close of each fiscal year of the state.
The society shall not sell, mortgage, transfer, or dispose
of historical or archaeological sites to which it has title and
in which the state has monetary interest except by action of the
general assembly.
In consideration of the public functions performed by the
Ohio historical society for the state, employees of the society
shall be considered public employees within the meaning of
section 145.01 of the Revised Code.
Sec. 150.07.
(A) For the purpose stated in section 150.01
of the Revised Code, the authority may authorize a lender to claim
one of
the tax credits allowed under section 5707.031,
5725.19, 5727.241, 5729.08,
5733.49,
or 5747.80 of the Revised Code. The
credits shall be
authorized by a written contract with the lender.
The contract
shall specify the terms under which the lender may
claim the
credit, including the amount of loss, if any, the lender
must
incur before the lender may claim the credit; specify that
the
credit
shall not exceed
the amount of the loss; and specify
that
the lender may claim the
credit only for a loss certified by
a
program
administrator to the
authority under the procedures
prescribed
under division (B)(6) of
section 150.05 of the Revised
Code.
(B) Tax credits may be authorized at any time after the
authority establishes the investment policy under section 150.03
of the Revised Code, but a tax credit so authorized may not be
claimed until the beginning of the fifth year after the authority
establishes the investment policy. A tax credit may not be
claimed after June 30, 2026.
(C) (1) Upon receiving certification of a lender's loss from
a
program administrator pursuant to the procedures in the
investment
policy, the authority shall issue a tax credit
certificate to the
lender, except as otherwise provided in
division (D) of this section. The
(2) If the lender is a pass-through entity, as defined in section 5733.04 of the Revised Code, then each equity investor in the lender pass-through entity shall be entitled to claim one of the tax credits allowed under division (A) of this section for that equity investor's taxable year in which or with which ends the taxable year of the lender pass-through entity in an amount based on the equity investor's distributive or proportionate share of the credit amount set forth in the certificate issued by the authority. If all equity investors of the lender pass-through entity are not eligible to claim a credit against the same tax set forth in division (A) of this section, then each equity investor may elect to claim a credit against the tax to which the equity investor is subject to in an amount based on the equity investor's distributive or proportionate share of the credit amount set forth in the certificate issued by the authority.
(3) The authority shall not issue a certificate until the lender, in the manner prescribed by the authority, or in the case of a lender pass-through entity, until each equity investor in that lender pass-through entity, elects to receive a refundable or nonrefundable tax credit. The election, once made, is irrevocable. The certificate shall state
the
amount of the credit, whether the credit is refundable or nonrefundable,
and
the calendar year,
under
section 5707.031, 5725.19, 5727.241,
or 5729.08, the tax
year,
under
section
5733.49,
or the taxable
year under
section
5747.80
of the Revised
Code, for
which the
credit may be
claimed.
The
authority, in
conjunction
with the tax
commissioner,
shall
develop
a system for
issuing tax credit
certificates
for the
purpose of
verifying
that any
credit claimed
is
a credit
issued
under this
section and
is
properly taken in
the
year specified in
the
certificate and in
compliance with
division
(B)
of
this
section.
(D) The authority shall not, in any fiscal year, issue tax
credit certificates in a total amount exceeding twenty million
dollars.
Sec. 150.10. (A)
On
the first day of January
of the second
year after the date of entering into an agreement
under section
150.05 of the
Revised
Code
and of each ensuing year, the
authority
shall file with the clerk
of the house
of
representatives, the
clerk of the senate, and
the chairpersons
of
the house and senate
standing committees
predominantly
concerned
with economic
development a written
report on the
Ohio
venture
capital program.
The report shall include all the following:
(1)
A
description of the details of the
investment policy
established or modified in accordance with
sections 150.03
and
150.04 of the Revised Code;
(2)
The
authority's assessment of the program's achievement
of its
purpose stated in section 150.01 of the Revised Code;
(3)
The
value of tax credit certificates issued by the
authority
under
section 150.07 of the Revised Code in each fiscal
year ending on or before the preceding thirtieth day of June;
(4) The
amount of tax credits claimed pursuant to section 5707.031,
5725.19, 5727.241, 5729.08, 5733.49, or 5747.80 of the Revised Code, as to
the respective taxes
involved;
(5) The
financial status of the
Ohio
venture capital fund;
(6) The names of venture capital funds in which money from
the program fund has been invested and the
locations of their
principal offices, and the names of
the enterprises in which each
of those venture capital
funds has invested such money and the
locations of those
enterprises' principal offices;
(7) Any
recommendations for modifying the program to better
achieve the
purpose stated in section 150.01 of the
Revised
Code.
(B) During each year that a report is issued under division
(A) of this section, the chairperson of the authority, or
another
member of the authority designated
by the
chairperson
as the
authority's representative, shall
be
required to appear in
person
before the standing committees of the
house and
senate
predominantly concerned
with economic development
to give
testimony concerning the status of the
Ohio venture
capital
program.
Sec. 153.02. (A) The director of administrative services may debar a contractor from contract awards for public improvements as referred to in section 153.01 of the Revised Code upon proof that the contractor has done any of the following:
(1) Defaulted on a contract requiring the execution of a takeover agreement as set forth in division (B) of section 153.17 of the Revised Code;
(2) Knowingly failed during the course of a contract to maintain the coverage required by the bureau of workers' compensation;
(3) Knowingly failed during the course of a contract to maintain the contractor's drug-free workplace program as required by the contract;
(4) Knowingly failed during the course of a contract to maintain insurance required by the contract or otherwise by law, resulting in a substantial loss to the owner, as owner is referred to in section 153.01 of the Revised Code;
(5) Misrepresented the firm's qualifications in the selection process set forth in sections 153.65 to 153.71 of the Revised Code;
(6) Been convicted of a criminal offense related to the application for or performance of any public or private contract, including, but not limited to, embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property, and any other offense that directly reflects on the contractor's business integrity;
(7) Been convicted of a criminal offense under state or federal antitrust laws;
(8) Deliberately or willfully submitted false or misleading information in connection with the application for or performance of a public contract;
(9) Been debarred from bidding on or participating in a contract with any state or federal agency.
(B) When the director reasonably believes that grounds for debarment exist, the director shall send the contractor a notice of proposed debarment indicating the grounds for the proposed debarment and the procedure for requesting a hearing on the proposed debarment. The hearing shall be conducted in accordance with Chapter 119. of the Revised Code. If the contractor does not respond with a request for a hearing in the manner specified in Chapter 119. of the Revised Code, the director shall issue the debarment decision without a hearing and shall notify the contractor of the decision by certified mail, return receipt requested.
(C) The director shall determine the length of the debarment period and may rescind the debarment at any time upon notification to the contractor. During the period of debarment, the contractor is not eligible to bid for or participate in any contract for a public improvement as referred to in section 153.01 of the Revised Code. After the debarment period expires, the contractor shall be eligible to bid for and participate in contracts for a public improvement as referred to in section 153.01 of the Revised Code.
(D) The director, through the office of the state architect, shall maintain a list of all contractors currently debarred under this section. Any governmental entity awarding a contract for construction of a public improvement may use a contractor's presence on the debarment list to determine whether a contractor is responsible or best under section 9.312 or any other section of the Revised Code in the award of a contract.
Sec. 154.11. The issuing
authority may authorize and issue obligations for the refunding, including
funding and retirement, of any obligations previously issued under this
chapter and any bonds or notes previously issued under Chapter 152. of the Revised Code to pay costs of capital facilities leased to the Ohio cultural facilities commission, formerly known as the Ohio arts and sports facilities commission. Such obligations may be issued in amounts
sufficient for payment of the principal amount of the prior
obligations, any redemption premiums thereon, principal
maturities of any such obligations maturing prior to the
redemption of the remaining obligations on a parity therewith,
interest accrued or to accrue to the maturity dates or dates of
redemption of such obligations, and any expenses incurred or to
be incurred in connection with such issuance and such refunding,
funding, and retirement. Subject to the bond proceedings
therefor, the portion of proceeds of the sale of obligations
issued under this section to be applied to bond service charges
on the prior obligations shall be credited to the bond service
fund for those prior obligations. Obligations authorized under this
section shall be deemed to be issued for those purposes for which
those prior obligations were issued and are subject to the
provisions of Chapter 154. of the Revised Code pertaining to
other obligations, except as otherwise indicated by this section
and except for division (A) of section 154.02 of the Revised
Code, provided that, unless otherwise authorized by the general
assembly, any limitations imposed by the general assembly
pursuant to that division with respect to bond service charges
applicable to the prior obligations shall be applicable to the
obligations issued under this section to refund, fund, or retire
those prior obligations.
Sec. 173.26. (A) Each of the following facilities shall
annually pay to the department of aging six dollars for each
bed maintained by the facility for use by a resident during any
part of the previous year:
(1) Nursing homes, residential care facilities, and homes
for the aging as defined in section 3721.01 of the Revised Code;
(2) Facilities authorized to provide extended care
services under Title XVIII of the "Social Security Act," 49 Stat.
620 (1935), 42 U.S.C. 301, as amended;
(3) County homes and district homes operated pursuant to
Chapter 5155. of the Revised Code;
(4) Adult care facilities as defined in section 3722.01 of
the Revised Code;
(5) Facilities approved by the Veterans Administration
under Section 104(a) of the "Veterans Health Care Amendments of
1983," 97 Stat. 993, 38 U.S.C. 630, as amended, and used
exclusively for the placement and care of veterans.
The department shall, by rule adopted in accordance with Chapter 119.
of the Revised Code, establish deadlines for payments required by
this section. A facility that fails, within ninety days after the established deadline, to pay a payment required by this section shall be assessed at two times the original invoiced payment.
(B) All money collected under this section shall be
deposited in the state treasury to the credit of the office of
the state long-term care ombudsperson program fund,
which is hereby created. Money credited to the fund shall be used solely to
pay
the costs of operating the regional long-term care
ombudsperson programs.
(C) The state long-term care ombudsperson and the
regional programs may solicit and receive contributions to support the
operation of the office or a regional program, except that no
contribution shall be solicited or accepted that would interfere
with the independence or objectivity of the office or program.
Sec. 173.39. As used in sections 173.39 to 173.393 of the Revised Code, "community-based long-term care services" has the same meaning as in section 173.14 of the Revised Code.
Except as provided in section 173.392 of the Revised Code, the department of aging may not pay a person or government entity for providing community-based long-term care services under a program the department administers unless the person or government entity is certified under section 173.391 of the Revised Code and provides the services.
Sec. 173.391. (A) The department of aging or its designee shall do all of the following in accordance with Chapter 119. of the Revised Code:
(1) Certify a person or government entity to provide community-based long-term care services under a program the department administers if the person or government entity satisfies the requirements for certification established by rules adopted under division (B) of this section;
(2) When required to do so by rules adopted under division (B) of this section, take one or more of the following disciplinary actions against a person or government entity issued a certificate under division (A)(1) of this section:
(a) Issue a written warning;
(b) Require the submission of a plan of correction;
(e) Impose a fiscal sanction such as a civil monetary penalty or an order that unearned funds be repaid;
(f) Revoke the certificate;
(g) Impose another sanction.
(3) Hold hearings when there is a dispute between the department or its designee and a person or government entity concerning actions the department or its designee takes or does not take under division (A)(1) or (2)(c) to (g) of this section.
(B) The director of aging shall adopt rules in accordance with Chapter 119. of the Revised Code establishing certification requirements and standards for determining which type of disciplinary action to take under division (A)(2) of this section in individual situations. The rules shall establish procedures for all of the following:
(1) Ensuring that PASSPORT agencies, as defined in section 173.41 of the Revised Code, comply with that section;
(2) Evaluating the services provided to ensure that they are provided in a quality manner advantageous to the individual receiving the services;
(3) Determining when to take disciplinary action under division (A)(2) of this section and which disciplinary action to take.
(C) The procedures established in rules adopted under division (B)(2) of this section shall require that all of the following be considered as part of an evaluation:
(1) The service provider's experience and financial responsibility;
(2) The service provider's ability to comply with standards for the community-based long-term care services that the provider provides under a program the department administers;
(3) The service provider's ability to meet the needs of the individuals served;
(4) Any other factor the director considers relevant.
(D) The rules adopted under division (B)(3) of this section shall specify that the reasons disciplinary action may be taken under division (A)(2) of this section include good cause, including misfeasance, malfeasance, nonfeasance, confirmed abuse or neglect, financial irresponsibility, or other conduct the director determines is injurious to the health or safety of individuals being served.
Sec. 173.392. (A) The department of aging may pay a person or government entity for providing community-based long-term care services under a program the department administers, even though the person or government entity is not certified under section 173.391 of the Revised Code if all of the following are the case:
(1) The person or government entity has a contract with the department of aging or the department's designee to provide the services;
(2) The contract includes detailed conditions of participation for providers of services under a program the department administers and service standards that the person or government entity is required to satisfy;
(3) The person or government entity complies with the contract;
(4) The contract is not for medicaid-funded services, other than services provided under the PACE program administered by the department of aging under section 173.50 of the Revised Code.
(B) The director of aging shall adopt rules in accordance with Chapter 119. of the Revised Code governing both of the following:
(1) Contracts between the department of aging and persons and government entities regarding community-based long-term care services provided under a program the department administers;
(2) The department's payment for community-based long-term care services provided under such a contract.
Sec. 173.393. (A) Except as provided in division (B) of this section, the records of an evaluation conducted in accordance with rules adopted under division (B)(2) of section 173.391 of the Revised Code are public records for purposes of section 149.43 of the Revised Code and shall be made available on request of any person, including individuals receiving or seeking community-based long-term care services under a program the department of aging administers.
(B) A part of a record of an evaluation that is otherwise available as a public record under division (A) of this section is not available as a public record if its release would violate a federal or state statute, regulation, or rule, including regulations adopted by the United States department of health and human services to implement the health information privacy provisions of the "Health Insurance Portability and Accountability Act of 1996," 110 Stat. 1955, 42 U.S.C. 1320d, et seq., as amended.
Sec. 173.40. There is hereby created a medicaid waiver
component of the
medicaid program
established under Chapter 5111., as defined in section 5111.85 of the Revised
Code, to be known as the
preadmission screening system providing
options and resources today program,
or PASSPORT.
The PASSPORT
program shall provide home and
community-based
services as an
alternative to nursing facility
placement for aged and disabled
medicaid recipients. The
program shall be operated pursuant to a
home and community-based
waiver granted by the United States
secretary of health and human
services
under section 1915 of the
"Social Security Act," 49 Stat.
620 (1935), 42
U.S.C. 1396n, as
amended. The department of aging
shall administer the
program
through
a contract
entered into
with the
department
of job and
family services
under section
5111.91 of the Revised
Code. The
directors director of aging and
job and
family services shall
adopt rules under section 5111.85 of the Revised Code and the director of aging shall adopt rules
in
accordance with Chapter 119.
of the Revised Code to
implement
the program.
Sec. 5101.75 173.42. (A) As used in sections 5101.75, 5101.751,
5101.752, 5101.753, and 5101.754 of the Revised Code this section:
(1)
"Alternative source of long-term care" includes a
residential care
facility licensed under Chapter 3721. of the
Revised Code, an adult
care facility licensed under Chapter 3722.
of the Revised Code,
home and community-based services, and a
nursing
home licensed under Chapter 3721. of the Revised Code that
is not
a nursing facility Area agency on aging" means a public or private nonprofit entity designated under section 173.011 of the Revised Code to administer programs on behalf of the department of aging.
(2)
"Long-term care consultation" means the process used to provide services under the long-term care consultation program established pursuant to this section, including, but not limited to, such services as the provision of information about long-term care options and costs, the assessment of an individual's functional capabilities, and the conduct of all or part of the reviews, assessments, and determinations specified in sections 5111.202, 5111.204, 5119.061, and 5123.021 of the Revised Code and the rules adopted under those sections.
(3) "Medicaid" means the medical assistance program
established under Chapter 5111. of the Revised Code.
(3)(4)
"Nursing facility" has the same meaning as in section
5111.20 of the Revised Code.
(4)(5)
"Representative" means a person acting on behalf of
an
applicant individual seeking a long-term care consultation, applying for admission to a nursing facility, or residing in a nursing facility. A
representative
may be a family member, attorney, hospital social
worker, or any
other person chosen to act on behalf of an
applicant the individual.
(5)
"Third-party payment source" means a third-party payer
as defined in section 3901.38 of the Revised Code or medicaid.
(B) Effective July 1, 1994, the department of job and family
services
may assess a person applying or intending to apply for
admission to a nursing facility who is not an applicant for or
recipient of medicaid to determine whether the person is in need
of nursing facility services and whether an alternative source of
long-term care is more appropriate for the person in meeting the
person's physical, mental, and psychosocial needs than admission
to the
facility to which the person has applied.
Each assessment shall be performed by the department or an
agency designated
by the department under section 5101.751 of the
Revised Code and shall be
based on information provided by the
person or the person's
representative. It shall consider the
person's physical, mental,
and psychosocial needs and the
availability and effectiveness of
informal support and care. The
department or designated agency shall
determine
the person's
physical, mental, and psychosocial needs by using,
to the maximum
extent appropriate, information from the resident
assessment
instrument specified in rules adopted by the
department under
division (A) of section 5111.231 of the Revised
Code. The
department or designated agency shall also use the criteria and
procedures established in rules adopted by the department under
division (I) of this section. Assessments may be performed only
by persons The department of aging shall develop a long-term care consultation program whereby individuals or their representatives are provided with long-term care consultations and receive through these professional consultations information about options available to meet long-term care needs and information about factors to consider in making long-term care decisions. The long-term care consultations provided under the program may be provided at any appropriate time, as permitted or required under this section and the rules adopted under it, including either prior to or after the individual who is the subject of a consultation has been admitted to a nursing facility.
(C) The long-term care consultation program shall be administered by the department of aging, except that the department may enter into a contract with an area agency on aging or other entity selected by the department under which the program for a particular area is administered by the area agency on aging or other entity pursuant to the contract.
(D) The long-term care consultations provided for purposes of the program shall be provided by individuals certified by the department under section 5101.752 173.43 of
the Revised Code. The department or designated agency shall make
a
recommendation on the basis of the assessment and, not later
than
the time the assessment is required to be performed under
division (D) of this section, give the person assessed written
notice of the recommendation, which shall explain the basis for
the recommendation. If the department or designated agency
determines
pursuant
to an assessment that an alternative source of
long-term care is
more appropriate for the person than admission
to the facility to
which the person has applied, the department or
designated
agency shall include in the
notice possible sources of
financial assistance for the
alternative source of long-term care.
If the department or designated agency
has been informed that the
person has a representative, it shall
give the notice to the
representative.
(C) A person (E) The information provided through a long-term care consultation shall be appropriate to the individual's needs and situation and shall address all of the following:
(1) The availability of any long-term care options open to the individual;
(2) Sources and methods of both public and private payment for long-term care services;
(3) Factors to consider when choosing among the available programs, services, and benefits;
(4) Opportunities and methods for maximizing independence and self-reliance, including support services provided by the individual's family, friends, and community.
(F) An individual's long-term care consultation may include an assessment of the individual's functional capabilities. The consultation may incorporate portions of the determinations required under sections 5111.202, 5119.061, and 5123.021 of the Revised Code and may be provided concurrently with the assessment required under section 5111.204 of the Revised Code.
(G)(1) Unless an exemption specified in division (I) of this section is applicable, each individual in the following categories shall be provided with a long-term care consultation:
(a) Individuals who apply or indicate an intention to apply for admission to a nursing facility, regardless of the source of payment to be used for their care in a nursing facility;
(b) Nursing facility residents who apply or indicate an intention to apply for medicaid;
(c) Nursing facility residents who are likely to spend down their resources within six months after admission to a nursing facility to a level at which they are financially eligible for medicaid;
(d) Individuals who request a long-term care consultation.
(2) In addition to the individuals included in the categories specified in division (G)(1) of this section, long-term care consultations may be provided to nursing facility residents who have not applied and have not indicated an intention to apply for medicaid. The purpose of the consultations provided to these individuals shall be to determine continued need for nursing facility services, to provide information on alternative services, and to make referrals to alternative services.
(H)(1) When a long-term care consultation is required to be provided pursuant to division (G)(1) of this section, the consultation shall be provided as follows or pursuant to division (H)(2) or (3) of this section:
(a) If the individual for whom the consultation is being provided has applied for medicaid and the consultation is being provided concurrently with the assessment required under section 5111.204 of the Revised Code, the consultation shall be completed in accordance with the applicable time frames specified in that section for providing a level of care determination based on the assessment.
(b) In all other cases, the consultation shall be provided not later than five calendar days after the department or the program administrator under contract with the department receives notice of the reason for which the consultation is required to be provided pursuant to division (G)(1) of this section.
(2) An individual or the individual's representative may request that a long-term care consultation be provided on a date that is later than the date required under division (H)(1)(a) or (b) of this section.
(3) If a long-term care consultation cannot be completed within the number of days required by division (H)(1) or (2) of this section, the department or the program administrator under contract with the department may do any of the following:
(a) Exempt the individual from the consultation pursuant to rules that may be adopted under division (L) of this section;
(b) In the case of an applicant for admission to a nursing facility, provide the consultation after the individual is admitted to the nursing facility;
(c) In the case of a resident of a nursing facility, provide the consultation as soon as practicable.
(I) An individual is not required to be assessed provided a long-term care consultation under division
(B) of this section if any of the following apply:
(1) The circumstances individual or the individual's representative chooses to forego participation in the consultation pursuant to criteria specified by in rules adopted under
division (I)(L) of this section exist.;
(2) The person individual is to receive care in a nursing facility
under a
contract for continuing care as defined in section 173.13
of the
Revised Code.;
(3) The person individual has a contractual right to admission to a
nursing
facility operated as part of a system of continuing care
in
conjunction with one or more facilities that provide a less
intensive level of services, including a residential care
facility
licensed under
Chapter 3721. of the Revised Code, an adult-care
adult care facility
licensed under Chapter 3722. of the Revised Code, or an
independent living arrangement;
(4) The person individual is to receive continual care in a home for
the aged
exempt from taxation under section 5701.13 of the Revised
Code;
(5) The person is to receive care in the nursing facility
for not
more than fourteen days in order to provide temporary
relief to
the person's primary caregiver and the nursing facility
notifies the
department of the person's admittance not later than
twenty-four hours
after admitting the person individual is seeking admission to a facility that is not a nursing facility with a provider agreement under section 5111.22 of the Revised Code;
(6) The person individual is to be transferred from another nursing
facility,
unless the nursing facility from which or to which the
person
is to be
transferred determines that the person's medical
condition
has changed
substantially since the person's admission
to the nursing
facility from
which the person is to be transferred
or a review is required
by a
third-party payment source;
(7) The person individual is to be readmitted to a nursing facility
following
a period of hospitalization, unless the hospital or
nursing
facility determines that the person's medical condition
has
changed
substantially since the person's admission to the
hospital,
or a review is
required by a third-party payment source;
(8) The department or designated agency fails to complete an
assessment
within the time required by division (D) or (E) of this
section
or determines after a partial assessment that the person
should
be exempt from the assessment individual is exempted from the long-term care consultation requirement by the department or the program administrator pursuant to rules that may be adopted under division (L) of this section.
(D) The department or designated agency shall perform a
complete
assessment, or, if circumstances provided by rules
adopted under
division (I) of this section exist, a partial
assessment, as
follows:
(1) In the case of a hospitalized person applying or
intending to apply to a nursing facility, not later than two
working days after the person or the person's representative
is
notified
that a bed is available in a nursing facility;
(2) In the case of an emergency as determined in
accordance
with rules adopted under division (I) of this section,
not later
than one working day after the person or the
person's
representative is notified that a bed is available in a nursing
facility;
(3) In all other cases, not later than five calendar days
after the person or the person's representative who submits
the
application is notified that a bed is available in a nursing
facility.
(E) If the department or designated agency conducts a
partial assessment
under division (D) of this section, it shall
complete the rest of
the assessment not later than one hundred
eighty days after the
date the person is admitted to the nursing
facility unless the
assessment entity determines the person should
be exempt from the
assessment.
(F) A person assessed under this section or the person's
representative may file a complaint with the department about the
assessment process. The department shall work to resolve the
complaint in accordance with rules adopted under division (I) of
this section.
(G) A person (J) At the conclusion of an individual's long-term care consultation, the department or the program administrator under contract with the department shall provide the individual or individual's representative with a written summary of options and resources available to meet the individual's needs. Even though the summary may specify that a source of long-term care other than care in a nursing facility is appropriate and available, the individual is not required to seek an alternative source
of long-term care and may be admitted to or continue to reside in
a nursing facility even though an alternative source of long-term
care is available or the person is determined pursuant to an
assessment
under this section not to need nursing facility
services.
(H)(K) No nursing facility for which an operator has a provider agreement with
the
department under section 5111.22 of the Revised Code shall
admit
or retain any person, other than a person exempt from the
assessment requirement as provided by division (C) of this
section, individual as a resident, unless the nursing facility has received
evidence that a complete or partial assessment long-term care consultation has been
completed for the individual or division (I) of this section is applicable to the individual.
(I)(L) The director of job and family services shall
aging may adopt
any rules in accordance with
Chapter 119. of the Revised Code to
implement and administer the director considers necessary for the implementation and administration of this
section. The rules shall include
be adopted in accordance with Chapter 119. of the Revised Code and may specify any or all of the following:
(1) The information a person being assessed or the person's representative must provide to enable the department or
designated
agency to
do
the assessment;
(2) Criteria to be used to determine whether a person is
in
need of nursing facility services;
(3) Criteria to be used to determine whether an
alternative
source of long-term care is appropriate for the
person being
assessed;
(4) Criteria and procedures to be used to determine a
person's physical, mental, and psychosocial needs;
(5) Criteria to be used to determine the effectiveness and
continued availability of a person's current source of informal
support and care;
(6) Circumstances, in addition to those specified in
division (C) of this section, under which a person is not
required
to be assessed;
(7) Circumstances under which the department or designated
agency may
perform a partial assessment under division (D) of this
section;
(8) The method by which a situation will be determined to
be
an emergency for the purpose of division (D)(2) of this
section;
(9) The method by which the department will attempt to
resolve complaints filed under division (F) of this section Procedures for providing long-term care consultations pursuant to this section;
(2) Information to be provided through long-term care consultations regarding long-term care services that are available;
(3) Criteria under which an individual or the individual's representative may choose to forego participation in a long-term care consultation;
(4) Criteria for exempting individuals from the long-term care consultation requirement;
(5) Circumstances under which it may be appropriate to provide an individual's long-term care consultation after the individual's admission to a nursing facility rather than before admission;
(6) Criteria for identifying nursing facility residents who would benefit from the provision of a long-term care consultation.
(J)(M) The director of job and family services aging may fine a
nursing
facility an amount determined by rules the director shall
adopt
in accordance with Chapter 119. of the Revised Code in
either of
the following circumstances:
(1) The nursing facility fails to notify the department
within the required time about an admission described in division
(C)(5) of this section;
(2) The if the nursing facility admits or retains an individual, without evidence that a
complete or partial assessment long-term care consultation has been conducted provided, a person other
than a person exempt from the assessment requirement as provided
required by division (C) of this section.
The director shall deposit In accordance with section 5111.62 of the Revised Code, all fines collected under this
division shall be deposited into the state treasury to the credit of the residents protection fund established by
section
5111.62 of the Revised Code.
Sec. 5101.752 173.43. The department of job and family services
aging shall certify
registered
nurses licensed under Chapter 4723. of
the Revised Code and social workers
and independent social workers
licensed under Chapter 4757. of the
Revised Code individuals who meet
certification requirements established by rule to
perform
assessments under provide long-term care consultations for purposes of section 5101.75 or 5101.754 173.42 of the Revised Code.
The director of job and family services aging shall adopt
rules in
accordance with Chapter 119. of the
Revised Code governing the
certification process and requirements. The rules
shall specify
the education, experience, or training in geriatric long-term
care
a person must have to qualify for certification.
Sec. 173.44. (A) As used in this section, "nursing home" and "residential care facility" have the same meanings as in section 3721.01 of the Revised Code.
(B) The department of aging may conduct an annual survey of nursing homes and residential care facilities. The survey shall include questions about capacity, occupancy, and private pay charges. The department may contract with an outside entity to conduct the survey and analyze the results. The results of the survey and any analysis completed by the department or its designee shall be made available to the general assembly, other state agencies, nursing home and residential care facility providers, and the general public.
(C) No nursing home or residential care facility shall recklessly fail to complete the survey.
Sec. 173.45. As used in this section and in sections 173.46 to 173.49 of the Revised Code:
(A) "Long-term care facility" means a nursing home or residential care facility.
(B) "Nursing home" and "residential care facility" have the same meanings as in section 3721.01 of the Revised Code.
(C) "Nursing facility" has the same meaning as in section 5111.20 of the Revised Code.
Sec. 173.46. (A) The department of aging shall develop and publish a guide to long-term care facilities for use by individuals considering long-term care facility admission and their families, friends, and advisors. The guide, which shall be titled the Ohio long-term care consumer guide, may be published in printed form or in electronic form for distribution over the internet. The guide may be developed as a continuation or modification of the guide published by the department prior to the effective date of this section under rules adopted under section 173.02 of the Revised Code.
(B) The Ohio long-term care consumer guide shall include information on each long-term care facility in this state. For each facility, the guide shall include the following information, as applicable to the facility:
(1) Information regarding the facility's compliance with state statutes and rules and federal statutes and regulations;
(2) Information generated by the centers for medicare and medicaid services of the United States department of health and human services from the quality measures developed as part of its nursing home quality initiative;
(3) Results of the customer satisfaction surveys conducted under section 173.47 of the Revised Code;
(4) Any other information the department specifies in rules adopted under section 173.49 of the Revised Code.
Sec. 173.47. (A) For purposes of publishing the Ohio long-term care consumer guide, the department of aging shall conduct or provide for the conduct of an annual customer satisfaction survey of each long-term care facility. The results of the surveys may include information obtained from long-term care facility residents, their families, or both.
(B)(1) The department may charge fees for the conduct of annual customer satisfaction surveys. The department may contract with any person or government entity to collect the fees on its behalf. All fees collected under this section shall be deposited in accordance with section 173.48 of the Revised Code.
(2) The fees charged under this section shall not exceed the following amounts:
(a) Four hundred dollars for the customer satisfaction survey of a long-term care facility that is a nursing home;
(b) Three hundred dollars for the customer satisfaction survey pertaining to a long-term care facility that is a residential care facility.
(3) Fees paid by a long-term care facility that is a nursing facility shall be reimbursed through the medicaid program operated under Chapter 5111. of the Revised Code.
(C) Each long-term care facility shall cooperate in the conduct of its annual customer satisfaction survey.
Sec. 173.48. There is hereby created in the state treasury the long-term care consumer guide fund. Money collected from the fees charged for the conduct of customer satisfaction surveys under section 173.47 of the Revised Code shall be credited to the fund. The department of aging shall use money in the fund for costs associated with publishing the Ohio long-term care consumer guide, including, but not limited to, costs incurred in conducting or providing for the conduct of customer satisfaction surveys.
Sec. 173.49. The department of aging shall adopt rules as the department considers necessary to implement and administer sections 173.45 to 173.48 of the Revised Code. The rules shall be adopted under Chapter 119. of the Revised Code.
Sec. 173.50. (A) Pursuant to a contract entered into with the department of job and family services as an interagency agreement under section 5111.91 of the Revised Code, the department of aging shall carry out the day-to-day administration of the component of the medicaid program established under Chapter 5111. of the Revised Code known as the program of all-inclusive care for the elderly or PACE. The department of aging shall carry out its PACE administrative duties in accordance with the provisions of the interagency agreement and all applicable federal laws, including the "Social Security Act," 79 Stat. 286 (1965), 42 U.S.C. 1396u-4, as amended.
(B) The department of aging may adopt rules in accordance with Chapter 119. of the Revised Code regarding the PACE program, subject to both of the following:
(1) The rules shall be authorized by rules adopted by the department of job and family services.
(2) The rules shall address only those issues that are not addressed in rules adopted by the department of job and family services for the PACE program.
Sec. 173.99. (A) A long-term care provider, person employed by a long-term
care provider, other entity, or employee of such other entity that violates
division (C) of section 173.24 of the Revised Code is subject to a fine not to
exceed one thousand dollars for each violation.
(B) Whoever violates division (C) of section 173.23 of the Revised Code is
guilty of registering a false complaint, a misdemeanor of the first degree.
(C) A long-term care provider, other entity, or person employed by a long-term care provider or other entity that violates division (E) of section 173.19 of the Revised Code by denying a representative of the office of the state long-term care ombudsperson program the access required by that division is subject to a fine not to exceed five hundred dollars for each violation.
(D) Whoever violates division (C) of section 173.44 of the Revised Code is subject to a fine of one hundred dollars.
Sec. 183.28. The education technology trust fund is hereby
created in the state treasury. Money credited to the fund shall
be used to pay costs of
the eTech Ohio SchoolNet
commission under
section
3301.80 3353.02 of the Revised Code.
All
investment earnings of
the fund shall
be credited to the fund.
Sec. 184.02.
(A) The third frontier commission may
perform any act to ensure the performance of any function
necessary or appropriate to carry out the purposes of, and
exercise the powers granted under, sections 184.01 and 184.02 of
the Revised Code. In addition, the commission may do any of the
following:
(1) Adopt, amend, and rescind rules under section 111.15 of
the Revised Code for the administration of any aspect of its
operations;
(2) Adopt bylaws governing its operations, including bylaws
that establish procedures and set policies as may be necessary to
assist with the furtherance of its purposes;
(3) Appoint and set the compensation of employees needed to
carry out its duties;
(4) Contract with, retain the services of, or designate, and
fix the compensation of, such financial consultants, accountants,
other consultants and advisors, and other independent contractors
as may be necessary or desirable to carry out its duties;
(5) Solicit input and comments from the third frontier
advisory board, and specialized industry, professional, and other
relevant interest groups concerning its purposes;
(6) Facilitate alignment of the state's science and
technology programs and activities;
(7) Make grants and loans to individuals, public agencies,
private companies or organizations, or joint ventures for any of
the broad range of activities related to its purposes.
(B) The commission shall do all of the following:
(1) Establish a competitive process for the award of grants
and loans that is designed to fund the most meritorious proposals
and, when appropriate, provide for peer review of proposals;
(2) Within ninety days after the end of each fiscal year,
submit to the governor and the general assembly a report of the
activities of the commission during the preceding fiscal year;
(3) With specific application to the biomedical research and
technology transfer trust fund, periodically make strategic
assessments of the types of state investments in biomedical
research and biotechnology in the state that would likely create
jobs and business opportunities in the state and produce the most
beneficial long-term improvements to the public health of
Ohioians Ohioans, including, but not limited to, biomedical research and
biotechnology initiatives that address tobacco-related illnesses
as may be outlined in any master agreement. The commission shall
award grants and loans from the fund pursuant to a process
established under division (B)(1) of this section.
(C) Notwithstanding the authority granted to the commission under sections 184.01 to 184.04 of the Revised Code, the commission shall not make any grants or loans to individuals, public agencies, private companies or organizations, or joint ventures for any activities involving stem cell research with human embryonic tissue.
Sec. 305.171. (A) The board of county commissioners of
any county may contract for, purchase, or otherwise procure and
pay all or any part of the cost of group insurance policies that
may provide benefits including, but not limited to,
hospitalization, surgical care, major medical care, disability,
dental care, eye care, medical care, hearing aids, or
prescription drugs, and that may provide sickness and accident
insurance, group legal services, or group life insurance, or a
combination of any of the foregoing types of insurance or
coverage, for county officers and employees and their immediate
dependents from the funds or budgets from which the county officers or
employees are compensated for services, issued by an insurance
company.
(B) The board of county commissioners also may negotiate and contract for any plan
or plans of health care services with health
insuring corporations holding a
certificate of authority under Chapter 1751. of the
Revised Code, provided that each county officer or employee
shall be permitted to do both of the following:
(1) Exercise an option between a plan offered by an
insurance company and such a plan or plans offered by health
insuring corporations under
this division, on the condition that the county officer or employee shall pay
any amount by which the cost of the plan chosen by such the county officer
or employee pursuant to this division exceeds the cost of the
plan offered under division (A) of this section;
(2) Change from one of the plans to another at a time each
year as determined by the board.
(C) Section 307.86 of the Revised Code does not apply to
the purchase of benefits for county officers or employees under
divisions (A) and (B) of this section when those benefits are
provided through a jointly administered health and welfare trust
fund in which the county or contracting authority and a
collective bargaining representative of the county employees or
contracting authority agree to participate.
(D) The board of trustees of a jointly administered trust
fund that receives contributions pursuant to collective
bargaining agreements entered into between the board of county
commissioners of any county and a collective bargaining
representative of the employees of the county may provide for
self-insurance of all risk in the provision of fringe benefits,
and may provide through the self-insurance method specific fringe
benefits as authorized by the rules of the board of trustees of
the jointly administered trust fund. The fringe benefits may
include, but are not limited to, hospitalization, surgical care,
major medical care, disability, dental care, vision care, medical
care, hearing aids, prescription drugs, group life insurance,
sickness and accident insurance, group legal services, or a
combination of any of the foregoing types of insurance or
coverage, for county employees and their dependents.
(E) The board of county commissioners may provide the
benefits described in divisions (A) to (D) of this section
through an individual self-insurance program or a joint
self-insurance program as provided in section 9.833 of the
Revised Code.
(F) When a board of county commissioners offers health benefits authorized
under this section to an a county officer or employee of the county, the board may
offer the benefits through a cafeteria plan meeting the requirements of
section 125 of the "Internal Revenue Code of 1986," 100 Stat. 2085, 26
U.S.C.A. 125, as amended, and, as part of that plan, may offer the county officer or
employee the option of receiving a cash payment in any form permissible under
such cafeteria plans. A cash payment made to an a county officer or employee under
this division shall not exceed twenty-five per cent of the cost of premiums or
payments that otherwise would be paid by the board for benefits for the county
officer or employee under a policy or plan.
(G) The board of county commissioners may establish a policy authorizing any
county appointing authority to make a cash payment to any county officer or employee
in lieu of providing a benefit authorized under this section if the county officer or
employee elects to take the cash payment instead of the offered benefit. A
cash payment made to an a county officer or employee under this division shall not
exceed twenty-five per cent of the cost of premiums or payments that otherwise
would be paid by the board for benefits for the county officer or employee under an
offered policy or plan.
(H) No cash payment in lieu of a health benefit shall be made to a county
officer or employee under division (F) or (G) of this section unless the county
officer or employee signs a statement affirming that the county officer
or employee is covered under another health insurance or health care
policy, contract, or plan, and setting forth the name of the employer, if any,
that sponsors the coverage, the name of the carrier that provides the
coverage, and the identifying number of the policy, contract, or plan.
(I)(1) As used in this division:
(a) "County-operated municipal court" and "legislative
authority" have the same meanings as in section 1901.03 of the
Revised Code.
(b) "Health care coverage" has the same meaning as in
section 1901.111 of the Revised Code.
(2) The legislative authority of a county-operated
municipal court, after consultation with the judges, or the clerk
and deputy clerks, of the municipal court, shall negotiate and
contract for, purchase, or otherwise procure, and pay the costs,
premiums, or charges for, group health care coverage for the
judges, and group health care coverage for the clerk and deputy
clerks, in accordance with section 1901.111 or 1901.312 of the
Revised Code.
(J) As used in this section:
(1) "County officer or employee" includes, but is not limited to, a member or employee of the county board of elections.
(2) "County-operated municipal court" and "legislative authority" have the same meanings as in section 1901.03 of the Revised Code.
(3) "Health care coverage" has the same meaning as in section 1901.111 of the Revised Code.
Sec. 305.28. If a board of county commissioners by resolution elects to participate in a criminal justice regional information system as provided in section 2949.093 of the Revised Code, the board also shall create in its county treasury a criminal justice regional information fund. All money deposited into the fund shall be used only as provided in that section.
Sec. 306.331. Notwithstanding section 306.33 of the Revised Code, the board of trustees of any regional transit authority created by one county and two municipal corporations, with the county having a population of at least five hundred thousand according to the most recent federal census, shall be appointed and governed as provided in this section.
The board of trustees of such a regional transit authority shall consist of nine members, six of whom shall be appointed by the board of county commissioners, two of whom shall be appointed by the most populous municipal corporation that is included in the regional transit authority, and one of whom shall be appointed by the second most populous municipal corporation in the county, regardless of whether the second most populous municipal corporation in the county is a member of the regional transit authority. A trustee appointed under this section shall serve at the pleasure of the appointing authority.
The trustees of any authority first appointed under this section shall serve staggered terms. Thereafter each successor shall serve a term of three years, except that any person appointed to fill a vacancy shall be appointed to only the unexpired term. The resolutions or ordinances creating the regional transit authority may determine whether an appointed trustee is eligible for reappointment.
A majority of the board of trustees constitutes a quorum, the affirmative vote of which is necessary for any action taken by the authority. No vacancy in the board shall impair the rights of a quorum to exercise all rights and perform all the duties of the authority.
Each member of the board of trustees, before entering upon the trustee's official duties, shall take and subscribe to an oath or affirmation that the trustee will honestly, faithfully, and impartially perform the duties of office and that the trustee will not be personally interested directly or indirectly in any contract let by the regional transit authority.
After each member of the board has taken the oath as prescribed by this section, the board shall meet and organize by electing one of its members as president and another as vice-president, who shall hold their respective offices until the next annual meeting of the board as provided in its bylaws. At each annual meeting thereafter, the board shall elect from its membership a president and a vice-president who shall serve for a term of one year. The board shall hold regular and special meetings in a time, place, and manner established in its bylaws, provided that all meetings shall be open to the public except executive sessions as set forth in section 122.22 of the Revised Code.
The board shall appoint and fix the compensation of a secretary-treasurer, who shall be the fiscal officer. The secretary-treasurer shall not be a member of the board and shall serve at the pleasure of the board. Each member of the board of trustees is entitled to receive from the regional transit authority reimbursement for reasonable expenses in the performance of the trustee's duties.
Sec. 307.37. (A)
As used in division (B)(3) of this section, "proposed
new
construction" means a proposal to erect, construct, repair, alter,
redevelop, or maintain a single-family, two-family, or
three-family dwelling or any structure that is regulated by the Ohio building code.
(B)(1)(a) The board of county commissioners may adopt local residential building regulations governing residential buildings as defined in section 3781.06 of the Revised Code, to be enforced within the unincorporated area of the county or within districts the board establishes in any part of the unincorporated area. No local residential building regulation shall differ from the state residential building code the board of building standards establishes pursuant to Chapter 3781. of the Revised Code unless the regulation addresses subject matter not addressed by the state residential building code or is adopted pursuant to section 3781.01 of the Revised Code.
(b) The board of county commissioners may, by resolution, adopt, administer, and enforce within the unincorporated area of the county, or within districts the board establishes in the unincorporated area, an existing structures code pertaining to the repair and continued maintenance of structures and the premises of those structures provided that the existing structures code governs subject matter not addressed by, and is not in conflict with, the state residential building code adopted pursuant to Chapter 3781. of the Revised Code. The board may adopt by incorpoation incorporation by reference a model or standard code prepared and promulgated by the state, any agency of this state, or any private organization that publishes a recognized or standard existing structures code.
(c) The board shall assign the duties of administering and enforcing any local residential building regulations or existing structures code to a county officer or employee who is trained and qualified for those duties and shall establish by resolution the minimum qualifications necessary to perform those duties.
(2) The board may adopt regulations for
participation in the national flood insurance program established
in the
"Flood Disaster Protection Act of 1973," 87 Stat. 975, 42
U.S.C.A. 4002, as amended, and regulations adopted for the
purposes of section 1506.04 or 1506.07 of the Revised Code
governing the prohibition, location, erection, construction,
redevelopment, or floodproofing of new buildings or structures,
substantial improvements to existing buildings or structures, or
other development in unincorporated territory within flood hazard
areas identified under the
"Flood Disaster Protection Act of
1973," 87 Stat. 975, 42 U.S.C.A. 4002, as amended, or within
Lake
Erie coastal erosion areas identified
under section 1506.06 of
the
Revised Code, including, but not limited to, residential,
commercial, institutional, or industrial buildings or structures
or other permanent structures, as
defined in section
1506.01 of the Revised Code. Rules adopted under division
(B)(2)
of this section shall not conflict with the state residential and nonresidential
building codes adopted pursuant to section 3781.10 of the Revised Code.
(3)(a)
A board may adopt regulations that
provide
for a review of the specific effects of a proposed new
construction on
existing surface or
subsurface drainage.
The
regulations may
require reasonable drainage mitigation and
reasonable alteration of a
proposed new construction before a
building
permit is issued in order
to prevent or
correct any
adverse
effects that the proposed new construction may
have
on
existing
surface or subsurface drainage. The regulations shall not be inconsistent with, more stringent than, or broader in scope than standards adopted by the natural resource conservation service in the United States department of agriculture concerning drainage or rules adopted by the environmental protection agency for reducing, controlling, or mitigating storm water runoff from construction sites, where applicable. The regulations shall allow a person who is registered under Chapter 4703. or 4733. of the Revised Code to prepare and submit relevant plans and other documents for review, provided that the person is authorized to prepare the plans and other documents pursuant to the person's registration.
(b) If regulations are adopted under division (B)(3) of this
section, the board shall specify in the regulations a procedure
for the review of the specific effects of a proposed
new
construction on
existing surface or subsurface drainage. The
procedure shall
include at a minimum all of the following:
(i) A meeting at which the proposed new construction shall
be
examined for those specific effects. The meeting shall be held
within
thirty days after an application for a building permit is
filed or a review is requested
unless the applicant agrees in writing to extend that time
period
or to postpone the meeting to another date, time, or place.
The
meeting shall be scheduled within five days after an
application
for a building permit is filed or a review is requested.
(ii) Written notice of the date, time, and place of that
meeting, sent by regular mail to the applicant. The written
notice shall be mailed at least seven days before the scheduled
meeting date.
(iii) Completion of the review by the board of county
commissioners not later than thirty days after the application for
a building permit is filed or a review is requested unless the applicant has agreed in
writing to extend that time period or postpone the meeting to a
later time, in which case the review shall be completed not later
than two days after the date of the meeting. A complete review
shall include the issuance of any order of the board of county
commissioners regarding necessary reasonable drainage mitigation
and
necessary reasonable alterations to the proposed
new
construction
to prevent or correct any adverse effects on existing
surface
or
subsurface drainage so long as those alterations comply with the state residential and nonresidential building codes adopted pursuant to section 3781.10 of the Revised Code. If the review is not completed
within the
thirty-day period or an extended or postponed period
that the
applicant has agreed to, the proposed new construction
shall be
deemed
to have no adverse effects on existing surface or
subsurface
drainage, and those effects shall not be a valid basis
for the denial of a
building permit.
(iv) A written statement, provided to the applicant at the
meeting or in an order for alterations to a proposed new
construction,
informing the applicant of the right to seek
appellate review of
the denial of a building permit under division
(B)(3)(b)(iii) of
this section by filing a petition in accordance
with Chapter 2506.
of the Revised Code.
(c) The regulations may authorize the board, after obtaining the advice of the county engineer, to enter into
an agreement with the county
engineer or another
qualified
person
or
entity to carry out
any necessary
inspections and make
evaluations about what, if any,
alterations
are
necessary to
prevent or correct any adverse
effects that a
proposed
new
construction may
have on existing
surface or
subsurface drainage.
(d) Regulations adopted pursuant to division (B)(3) of this
section shall not apply to any property that a platting authority has approved under section 711.05, 711.09, or 711.10 of the Revised Code and shall not govern the same subject matter as the state residential or nonresidential building codes adopted pursuant to section 3781.10 of the Revised Code.
(e) As used in division (B)(3) of this section, "subsurface
drainage" does not include a household sewage treatment system as
defined in section 3709.091 of the Revised Code.
(C)(1) Any regulation, code, or amendment may be adopted under this
section only after a public hearing at not fewer than two regular or special
sessions of the board. The board shall cause notice of any public hearing to be published in
a
newspaper of general circulation in the county once a week for the two consecutive weeks immediately preceding the hearing, except that if the board posts the hearing notice on the board's internet site on the world wide web, the board need publish only one notice of the hearing in a newspaper of general circulation if that newspaper notice includes the board's internet site and a statement that the notice is also posted on the internet site. Any notice of a
public hearing shall include the time, date, and place of the hearing.
(2) Any proposed
regulation, code, or amendment shall be made available to
the public at the board office. The regulations or amendments
shall take effect on the thirty-first day following the date of
their adoption.
(D)(1) No person shall violate any regulation, code, or amendment the
board
adopts under sections 307.37 to 307.40 of the Revised Code.
(2) Each day during which an illegal location, erection,
construction, floodproofing, repair, alteration, development,
redevelopment, or maintenance continues may be considered a
separate offense.
(E) Regulations
or amendments the board adopts pursuant to this section, with the exception of an existing structures code, do
not
affect buildings or structures that exist or on
which
construction has begun on or before the date the board adopts the regulation
or
amendment.
(F)(1) The board may create a building
department and employ the
personnel
it determines
necessary to administer and enforce any local residential building regulations or existing structures code the board adopts pursuant to this section. The building department may enforce the state residential and nonresidential building codes adopted pursuant to Chapter 3781. of the Revised Code if the building department is certified pursuant to section 3781.10 of the Revised Code to enforce those codes.
(2) The board may direct the building
department, upon certification, to exercise enforcement authority and to accept and
approve plans pursuant to sections 3781.03 and 3791.04 of the
Revised Code for the class of building for which the department and personnel are certified.
Sec. 307.676. (A) As used in this section:
(1) "Food and beverages" means any raw, cooked, or processed edible substance used or intended for use in whole or in part for human consumption, including ice, water, spirituous liquors, wine, mixed beverages, beer, soft drinks, soda, and other beverages.
(2) "Convention facilities authority" has the same meaning as in section 351.01 of the Revised Code.
(3) "Convention center" has the same meaning as in section 307.695 of the Revised Code.
(B) The legislative authority of a county with a population of one million two hundred thousand or more according to the most recent federal decennial census or the most recent annual population estimate published or released by the United States census bureau at the time the resolution is adopted placing the levy on the ballot, may, by resolution adopted on or before July 1, 2008, by a majority of the members of the legislative authority and with the subsequent approval of a majority of the electors of the county voting upon it, levy a tax of not more than two per cent on every retail sale in the county of food and beverages to be consumed on the premises where sold to pay the expenses of administering the tax and to provide revenues for paying the direct and indirect costs of constructing, improving, expanding, equipping, financing, or operating a convention center. The resolution shall direct the board of elections to submit the question of levying the tax to the electors of the county at the next primary or general election in the county occurring not less than seventy-five days after the resolution is certified to the board of elections. The legislative authority shall establish all rules necessary to provide for the administration and allocation of the tax. The rules may prescribe the time for payment of the tax and may provide for imposition of a penalty, interest, or both for late payments, but any such penalty shall not exceed ten per cent of the amount of tax due and the rate at which interest accrues shall not exceed the rate per annum required under section 5703.47 of the Revised Code.
(C) A tax levied under this section shall remain in effect for the period of time specified in the resolution or ordinance levying the tax, but not for a longer period than forty years.
(D) A tax levied under this section is in addition to any other tax levied under Chapter 307., 4301., 4305., 5739., 5741., or any other chapter of the Revised Code. "Price," as defined in sections 5739.01 and 5741.01 of the Revised Code, does not include any tax levied under this section and any tax levied under this section does not include any tax imposed under Chapter 5739. or 5741. of the Revised Code.
(E) Any amount collected from a tax levied under this section may be contributed to a convention facilities authority created before July 1, 2005, but no amount collected from a tax levied under this section may be contributed to a convention facilities authority, corporation, or other entity created after July 1, 2005, unless the mayor of the municipal corporation in which the convention center is to be operated by that convention facilities authority, corporation, or other entity has consented to the creation of that convention facilities authority, corporation, or entity.
(F) The levy of any taxes under Chapter 5739. of the Revised Code on the same transactions subject to a tax under this section does not prevent the levy of a tax under this section.
Sec. 307.695. (A) As used in this section, "convention
center" means any structure expressly designed and constructed
for
the purposes of presenting conventions, public meetings, and
exhibitions and includes parking facilities that serve the center
and any personal property used in connection with any such
structure or facilities.
(B) A board of county commissioners may enter into an
agreement with a convention and visitors' bureau operating in the
county under which:
(1) The bureau agrees to construct and equip a convention
center in the county and to pledge and contribute from the tax
revenues received by it under division (A) of section
5739.09 of
the Revised Code, not more than such portion thereof that it is
authorized to pledge and contribute for the purpose
described in
division (C) of this section; and
(2) The board agrees to levy a tax under division (C) of
section
5739.09 of the Revised Code and pledge and
contribute
the
revenues therefrom for the purpose described in
division (C)
of
this section.
(C) The purpose of the pledges and contributions described
in divisions (B)(1) and (2) of this section is payment of
principal, interest, and premium, if any, on bonds and notes
issued by or for the benefit of the bureau to finance the
construction and equipping of a convention center. The pledges
and contributions provided for in the agreement shall be for the
period stated in the agreement, but not to exceed thirty years.
Revenues determined from time to time by the board to be needed
to
cover the real and actual costs of administering the tax
imposed
by division (C) of section
5739.09 of the Revised Code
may not be
pledged or contributed. The agreement shall provide
that any such
bonds and notes shall be secured by a trust
agreement between the
bureau or other issuer acting for the
benefit of the bureau and a
corporate trustee that is a trust
company or bank having the
powers of a trust company within or
without the state, and the
trust agreement shall pledge or assign
to the retirement of the
bonds or notes, all moneys paid by the
county under this section.
A tax the revenues from which are
pledged under an agreement
entered into by a board of county
commissioners under this section
shall not be subject to
diminution by initiative or referendum, or
diminution by statute,
unless provision is made therein for an
adequate substitute
therefor reasonably satisfactory to the
trustee under the trust
agreement that secures the bonds and
notes.
(D) A pledge of money by a county under this section shall
not be indebtedness of the county for purposes of Chapter 133. of
the Revised Code.
(E) If the terms of the agreement so provide, the board of
county commissioners may acquire and lease real property to the
convention bureau as the site of the convention center. The
lease
shall be for a term not to exceed thirty years and shall be
on
such terms as are set forth in the agreement. The purchase
and
lease are not subject to the limitations of sections 307.02
and
307.09 of the Revised Code.
(F) In addition to the authority granted to a board of county commissioners under divisions (B) to (E) of this section, a board of county commissioners in a county with a population of one million two hundred thousand or more may establish and provide local funding options for constructing and equipping a convention center.
Sec. 307.86. Anything to be purchased, leased, leased with
an option or agreement to purchase, or constructed, including,
but
not limited to, any product, structure, construction,
reconstruction, improvement, maintenance, repair, or service,
except the services of an accountant, architect, attorney at law,
physician, professional engineer, construction project manager,
consultant, surveyor, or appraiser, by or on behalf of the county
or contracting authority, as defined in section 307.92 of the
Revised Code, at a cost in excess of twenty-five thousand dollars,
except
as otherwise provided in division (D) of section 713.23 and
in
sections 125.04, 125.60 to 125.6012, 307.022, 307.041, 307.861, 339.05, 340.03,
340.033,
4115.31 to 4115.35, 5119.16, 5513.01, 5543.19, 5713.01,
and
6137.05 of the Revised Code, shall be obtained through
competitive bidding. However, competitive bidding is not
required
when any of the following applies:
(A) The board of county commissioners, by a unanimous vote
of its members, makes a determination that a real and present
emergency exists, and that determination and the
reasons for it
are entered in the minutes of the proceedings of the board, when
either of
the following applies:
(1) The estimated cost is less than fifty thousand
dollars.
(2) There is actual physical disaster to structures, radio
communications
equipment, or computers.
For purposes of this division, "unanimous vote" means all
three members of
a board of county commissioners when all three
members are present, or two
members of the board if only two
members, constituting a quorum, are present.
Whenever a contract of purchase, lease, or construction is
exempted from competitive bidding under division (A)(1) of this
section because the estimated cost is less than fifty thousand
dollars, but the estimated cost is twenty-five thousand dollars or
more,
the county or contracting authority shall solicit informal
estimates from no fewer than three persons who could perform the
contract, before awarding the contract. With regard to each such
contract, the county or contracting authority shall maintain a
record of such estimates, including the name of each person from
whom an estimate is solicited. The county or contracting
authority shall maintain the record for the longer
of at least one
year after
the contract is awarded or the amount of time the
federal government
requires.
(B)(1) The purchase consists of supplies or a replacement or
supplemental part or parts for a product or equipment owned or
leased by the county, and the only source of supply for the
supplies, part, or parts is limited to a single supplier.
(2) The purchase consists of services related to information technology, such as programming services, that are proprietary or limited to a single source.
(C) The purchase is from the federal government, the state,
another county or contracting authority of another county, or a
board of
education, township, or municipal corporation.
(D) The purchase is made by a county department of job and family services under section 329.04 of the Revised Code and consists of family services duties or workforce development
activities
or is made by a county board of mental retardation and developmental disabilities under section 5126.05 of the Revised Code and consists of program services, such as direct and
ancillary client services,
child care, case management
services, residential services,
and family resource services.
(E) The purchase consists of
criminal justice services,
social services programs, family services,
or workforce
development activities by
the board of county commissioners from
nonprofit corporations or
associations under programs
funded
by
the
federal government
or by state grants.
(F) The purchase consists of any form of an insurance
policy
or contract authorized to be issued under Title XXXIX of
the
Revised Code or any form of health care plan
authorized to be
issued under Chapter 1751. of the Revised Code, or any
combination
of such policies,
contracts, or plans that the contracting
authority is authorized
to purchase, and the contracting authority
does all of the
following:
(1) Determines that compliance with the requirements of
this
section would increase, rather than decrease, the cost of
the
purchase;
(2) Employs a competent consultant to assist the
contracting
authority in procuring appropriate coverages at the
best and
lowest prices;
(3) Requests issuers of
the policies, contracts, or
plans
to submit proposals to the contracting authority, in a form
prescribed by the contracting authority, setting forth the
coverage and cost of
the policies, contracts, or plans as the
contracting authority desires to purchase;
(4) Negotiates with
the issuers for the purpose of
purchasing
the policies, contracts, or plans at the best and
lowest price reasonably possible.
(G) The purchase consists of computer hardware, software,
or
consulting services that are necessary to implement a
computerized
case management automation project administered by
the Ohio
prosecuting attorneys association and funded by a grant
from the
federal government.
(H) Child care services are purchased for provision to
county employees.
(I)(1) Property, including land, buildings, and other real
property, is leased for offices, storage, parking, or other
purposes, and all of the following apply:
(a) The contracting authority is authorized by the Revised
Code to lease the
property.
(b) The contracting authority develops requests for
proposals for leasing the property, specifying the criteria that
will be considered prior to leasing the property, including the
desired size and geographic location of the property.
(c) The contracting authority receives responses from
prospective lessors with property meeting the criteria specified
in the requests for proposals by giving notice in a manner
substantially similar to the procedures established for giving
notice under section 307.87 of the Revised Code.
(d) The contracting authority negotiates with the
prospective lessors to obtain a lease at the best and lowest
price
reasonably possible considering the fair market value of
the
property and any relocation and operational costs that may be
incurred
during the period the lease is in effect.
(2) The contracting authority may use the services of a
real
estate appraiser to obtain advice, consultations, or other
recommendations regarding the lease of property under this
division.
(J) The purchase is made pursuant to section 5139.34 or
sections
5139.41 to 5139.46 of the Revised Code and is of programs
or services that
provide case
management, treatment, or prevention
services to any felony or misdemeanant
delinquent, unruly youth,
or status offender under the supervision of the
juvenile court,
including, but not limited to, community
residential care, day
treatment, services to children in their home, or
electronic
monitoring.
(K) The purchase is made by a public children services
agency pursuant to
section 307.92 or 5153.16 of the Revised Code
and consists of
family services,
programs, or ancillary services
that provide case management, prevention, or
treatment services
for children at risk of being or alleged to be abused,
neglected,
or dependent children.
(L) The purchase is to obtain the services of emergency medical service organizations under a contract made by the board of county commissioners pursuant to section 307.05 of the Revised Code with a joint emergency medical services district.
Any issuer of policies, contracts, or plans listed in
division (F) of this section and any prospective lessor under
division (I) of
this section may have the issuer's or prospective
lessor's
name and address, or the name and address
of an agent,
placed on a special
notification list to be kept by the
contracting authority, by
sending the contracting authority
that
name and address. The
contracting authority shall send
notice to
all persons listed on
the special notification list.
Notices shall
state the deadline
and place for submitting
proposals. The
contracting authority
shall mail the notices at
least six weeks
prior to the deadline
set by the contracting
authority for
submitting proposals.
Every five years the
contracting authority
may review this list
and remove any person
from the list after
mailing the person
notification of
that
action.
Any contracting authority that negotiates a contract under
division (F) of this section shall request proposals and
renegotiate with issuers in accordance with that division at
least
every three years from the date of the signing of such a
contract.
Any consultant employed pursuant to division (F) of this
section and any real estate appraiser employed pursuant to
division (I) of
this section shall disclose any fees or
compensation received from any
source in connection with that
employment.
Sec. 307.88. (A) Bids submitted pursuant to sections
307.86 to 307.92 of the Revised Code shall be in a form
prescribed by the contracting authority and filed in a sealed
envelope at the time and place mentioned in the advertisement notice.
The bids received shall be opened and tabulated at the time
stated in the notice. Each bid shall contain the full name of
each person submitting the bid. Except as otherwise provided in
division (B) of this section, if If the bid is in excess of ten twenty-five
thousand dollars and for a contract for the construction,
demolition, alteration, repair, or reconstruction of an
improvement, it shall meet the requirements of section 153.54 of
the Revised Code. If the bid is in excess of ten twenty-five thousand
dollars and for any other contract authorized by sections 307.86
to 307.92 of the Revised Code, it shall be accompanied by a bond
or certified check, cashier's check, or money order on a solvent
bank or savings and loan association in a reasonable amount
stated in the advertisement notice but not to exceed five per cent of
the bid, conditioned that he shall the bidder, if his
the bidder's bid is accepted, shall execute a contract in conformity to the
invitation and his the bid.
(B) The board of county commissioners may, by a unanimous
vote of the entire board, may permit a contracting authority to
exempt a bid from any or all of the requirements of section
153.54 of the Revised Code if the estimated cost is less than
twenty-five thousand dollars or less. If the board exempts a bid from
any but not all of these those requirements, the bid notice published
in the newspaper pursuant to section 307.87 of the Revised Code
shall state the specific bid guaranty requirements that apply.
If the board exempts a bid from all requirements of section
153.54 of the Revised Code, the notice shall state that none of
the requirements of that section apply.
Sec. 317.08. (A) Except as provided in
divisions
(C) and (D) of this
section, the county recorder shall keep
six
separate sets
of
records as follows:
(1) A record of deeds, in which shall be recorded all
deeds
and other instruments of writing for the absolute and
unconditional sale or conveyance of lands, tenements, and
hereditaments; all notices as provided in sections 5301.47 to
5301.56 of the Revised Code; all judgments or decrees in actions
brought under section 5303.01 of the Revised Code; all
declarations and bylaws, and all amendments to declarations and
bylaws, as provided in Chapter 5311. of the
Revised Code;
affidavits as provided
in section 5301.252 of
the Revised
Code; all certificates as provided
in section
5311.17 of the
Revised Code; all articles dedicating
archaeological preserves
accepted by the director of the Ohio
historical society under
section 149.52 of the Revised Code; all
articles dedicating nature
preserves accepted by the director of
natural resources under
section 1517.05 of the Revised Code; all
agreements for the
registration of lands as archaeological or
historic landmarks
under section 149.51 or 149.55 of the Revised
Code; all
conveyances of conservation easements and agricultural
easements
under section
5301.68 of the Revised Code; all
instruments
extinguishing agricultural
easements under section
901.21 or
5301.691 of the Revised Code or pursuant to
terms of
such an
easement granted to a charitable organization under
section
5301.68 of the Revised Code; all instruments or orders
described
in division (B)(1)(c)(ii) of section 5301.56 of the
Revised Code;
all no further action letters issued under section
122.654 or
3746.11 of the
Revised Code;
all covenants not to sue
issued under
section
3746.12 of the
Revised Code, including all
covenants
not
to sue issued pursuant to section 122.654 of the
Revised Code;
any
restrictions on the use of property contained in
a no further
action letter issued under section 122.654 of the
Revised Code,
any restrictions on the use of
property
identified
pursuant to
division (C)(3)(a) of section
3746.10 of the
Revised
Code, and any restrictions on the use of property contained in a deed or other instrument as provided in division (E) or (F) of section 3737.882 of the Revised Code; any easement executed or granted under section 3734.22, 3734.24, 3734.25, or 3734.26 of the Revised Code; any environmental covenant entered into in accordance with sections 5301.80 to 5301.92 of the Revised Code; all
memoranda of trust, as
described in division (A)
of
section
5301.255 of the Revised
Code, that describe specific
real
property; and all agreements
entered into under division (A)
of
section 1521.26 of
the Revised Code;
(2) A record of mortgages, in which shall be recorded all
of
the following:
(a) All mortgages, including amendments, supplements,
modifications, and extensions of mortgages, or other instruments
of writing by which lands, tenements, or hereditaments are or may
be mortgaged or otherwise conditionally sold, conveyed, affected,
or encumbered;
(b) All executory installment contracts for the sale of
land
executed after September 29, 1961, that by their terms are
not
required to be fully performed by one or more of the parties
to
them within one year of the date of the contracts;
(c) All options to purchase real estate, including
supplements, modifications, and amendments of the options, but no
option of that nature shall be recorded if it does not state a
specific day and year of expiration of its validity;
(d) Any tax certificate sold under section 5721.33 of the
Revised Code,
or memorandum
of it, that is presented for
filing
of record.
(3) A record of powers of attorney, including all
memoranda
of trust, as described in division (A) of section
5301.255 of the
Revised Code, that do not describe specific real
property;
(4) A record of plats, in which shall be recorded all
plats
and maps of town lots, of the subdivision of town lots, and
of
other divisions or surveys of lands, any center line survey of
a
highway located within the county, the plat of which shall be
furnished by the director of transportation or county engineer,
and all drawings
and amendments to drawings, as provided in
Chapter 5311. of the Revised
Code;
(5) A record of leases, in which shall be recorded all
leases, memoranda of leases, and supplements, modifications, and
amendments of leases and memoranda of leases;
(6) A record of declarations
executed pursuant to section
2133.02 of the
Revised Code
and durable powers of attorney for
health care executed pursuant to section
1337.12 of the Revised
Code.
(B) All instruments or memoranda of instruments entitled to
record shall be recorded in the proper record in the order in
which they are presented for record. The recorder may index,
keep, and record in one volume unemployment compensation liens,
internal revenue tax liens and other liens in favor of the United
States as described in division (A) of section 317.09 of the
Revised Code, personal tax liens, mechanic's liens, agricultural
product liens, notices of liens, certificates of satisfaction or
partial release of estate tax liens, discharges of recognizances,
excise and franchise tax liens on corporations, broker's liens,
and liens
provided for in sections 1513.33, 1513.37, 3752.13,
5111.021 5111.022, and
5311.18
of the Revised Code.
The recording of an option to purchase real estate,
including
any supplement, modification, and amendment of the
option, under
this section shall serve as notice to any purchaser
of an interest
in the real estate covered by the option only
during the period of
the validity of the option as stated in the
option.
(C) In lieu of keeping the six separate
sets of records
required in divisions (A)(1) to
(6) of this section and the
records
required in division
(D) of this section, a county
recorder may
record all the instruments required to be recorded by
this
section
in two separate sets of record books. One set shall
be
called the
"official records" and shall contain the instruments
listed in
divisions (A)(1),
(2),
(3),
(5),
and (6)
and
(D) of this section. The
second set of records shall
contain the instruments listed in
division
(A)(4) of this
section.
(D) Except as provided in division
(C)
of this
section, the
county recorder shall keep a separate set of records
containing
all corrupt activity lien notices filed with the
recorder pursuant
to section 2923.36 of the Revised Code and a
separate set of
records containing all medicaid fraud lien
notices
filed with the
recorder pursuant to section 2933.75 of
the Revised
Code.
Sec. 317.36. (A) The county recorder shall collect the low- and moderate-income housing trust fund fee as specified in sections 317.32, 1563.42, 1702.59, 2505.13, 4141.23, 4509.60, 5111.021 5111.022, 5310.15, 5719.07, 5727.56, 5733.18, 5733.22, 6101.09, and 6115.09 of the Revised Code. The amount of any housing trust fund fee the recorder is authorized to collect is equal to the amount of any base fee the recorder is authorized to collect for services. The housing trust fund fee shall be collected in addition to the base fee.
(B) The recorder shall certify the amounts collected as housing trust fund fees pursuant to division (A) of this section into the county treasury as housing trust fund fees to be paid to the treasurer of state pursuant to section 319.63 of the Revised Code.
Sec. 319.20. After complying with sections 319.202,
315.251, and 319.203 of the
Revised Code, and on application and presentation of title, with
the affidavits required by law, or the proper order of a court,
bearing the last known address of the grantee, or of any one of
the grantees named in the title, and a reference to the volume
and page of the recording of the next preceding recorded
instrument by or through which the grantor claims title, the
county auditor shall transfer any land or town lot or part
thereof, minerals therein, or mineral rights thereto, charged
with taxes on the tax list, from the name in which it stands into
the name of the owner, when rendered necessary by a conveyance,
partition, devise, descent, or otherwise. If by reason of the
conveyance or otherwise, a part only of a tract or lot, minerals
therein, or mineral rights thereto, as charged in the tax list,
is to be transferred, the auditor shall determine the tax value
of the part of a tract or lot of real estate, minerals therein,
or mineral rights thereto, so transferred, and the value of the
remaining part compared with the value of the whole.
Whenever a part only of a tract or lot of real estate has
been transferred by the auditor and such the tract or lot bears
unpaid taxes, penalties, interest, or special assessments, the
unpaid taxes, penalties, interest, or special assessments shall
immediately be apportioned, upon demand or request by the
transferee or remaining owner, in the following manner:
(A) The auditor shall allocate to the part so transferred,
and to the remaining part, amounts of any current or delinquent
taxes, interest, or penalties that have accrued against the
parcel as a whole, proportionate to their respective values.
(B) The lien of taxes, penalties, interest, and special
assessments, as levied against the original tract, shall extend
to the part so transferred and the part remaining only to the
extent of the amounts so allocated to the respective parts.
This section does not change the total amount of taxes,
special assessments, or other charges as originally levied, or
the total amount of the balance due. The auditor shall certify
such apportionments to the county treasurer.
Whenever the state acquires an entire parcel or a part only
of a parcel of real property in fee simple, the county auditor,
upon application of the grantor or property owner or the state,
which application shall contain a description of the property as
it appears on the tax list and the date of transfer of ownership,
shall prepare an estimate of the taxes that are a lien on said
the property, but have not been determined, assessed, and levied for
the year in which the property was acquired. The county auditor
shall thereupon apportion such the estimated taxes proportionately
between the grantor and the state for the period of the lien year
that each had or shall have had ownership or possession of the
property, whichever is earlier. The county treasurer shall accept payment from the state for estimated taxes at the time that the real property is acquired. If the state has paid in full in the year in which the property is acquired that proportion of the estimated taxes that the tax commissioner determines are not subject to remission by the county auditor for such year under division (C) of section 5713.08 of the Revised Code, the estimated taxes paid shall be considered the tax liability on the exempted property for that year.
Section 319.42 of the Revised Code applies to the
apportionment of special assessments.
Complaint against such values as determined by the auditor
or the allocation of assessments by the certifying authority may
be filed by the transferee or the remaining owner, and if filed,
proceedings including appeals shall be had in the manner and
within the time provided by sections 5717.01 to 5717.06 and
5715.19 to 5715.22 of the Revised Code, for complaints against
valuation or assessment of real property.
The auditor shall endorse on the deed or other evidences of
title presented to the auditor that the proper transfer of the real
estate described in such the deed has been made in the auditor's office
or that
it is not entered for taxation, and sign the auditor's name to such
the deed.
The address of the grantee, or any one of the grantees, set forth
in the deed or other evidences of title shall be entered by the
auditor on the transfer sheets and on the general tax list of
real property prepared pursuant to section 319.28 of the
Revised Code.
Sec. 319.302. (A)(1) Real property that is not intended primarily for use in a business activity shall qualify for a partial exemption from real property taxation. For purposes of this partial exemption, "business activity" includes all uses of real property, except farming; leasing property for farming; occupying or holding property improved with single-family, two-family, or three-family dwellings; leasing property improved with single-family, two-family, or three-family dwellings; or holding vacant land that the county auditor determines will be used for farming or to develop single-family, two-family, or three-family dwellings. For purposes of this partial exemption, "farming" does not include land used for the commercial production of timber that is receiving the tax benefit under section 5713.23 or 5713.31 of the Revised Code and all improvements connected with such commercial production of timber.
(2) Each year, the county auditor shall review each parcel of real property to determine whether it qualifies for the partial exemption provided for by this section as of the first day of January of the current tax year.
(B) After complying with section 319.301 of the
Revised Code, the
county auditor shall reduce the remaining sums
to be levied against each parcel of real property that is listed on the
general tax list and duplicate of real and public utility
property for the current tax year and that qualifies for partial exemption under division (A) of this section, and against each manufactured
and mobile home that is
taxed pursuant to division (D)(2) of section
4503.06 of the Revised Code and that is on the
manufactured home tax list for the current tax year, by ten per
cent, to provide a partial exemption for that parcel or home. Except as otherwise provided in sections 323.152, 323.158, 505.06,
and 715.263 of the Revised Code, the
amount of the taxes remaining after any such reduction shall be the
real and public utility property taxes charged and payable on each parcel of real property, including property that does not qualify for partial exemption under division (A) of this section, and the
manufactured home tax charged and payable, on
each property manufactured or mobile home, and shall be the amounts certified to the county
treasurer for collection. Upon receipt of the tax duplicate, the
treasurer shall certify to the tax commissioner the total amount
by which taxes were reduced under this section, as shown on
the duplicate. Such reduction shall not directly or indirectly
affect the determination of the principal amount of notes that
may be issued in anticipation of any tax levies or the amount of
bonds or notes for any planned improvements. If after
application of sections 5705.31 and 5705.32 of the Revised Code
and other applicable provisions of law, including divisions (F) and (I) of
section 321.24 of the Revised Code, there would be insufficient
funds for payment of debt charges on bonds or notes payable from
taxes reduced by this section, the reduction of taxes provided
for in this section shall be adjusted to the extent necessary to
provide funds from such taxes.
(C) The tax commissioner may adopt rules governing the administration of the partial exemption provided for by this section.
(D) The determination of whether property qualifies for partial exemption under division (A) of this section is solely for the purpose of allowing the partial exemption under division (B) of this section.
Sec. 321.24. (A) On or before the fifteenth day of
February, in each year, the county treasurer shall settle with
the
county auditor for all taxes and assessments that the
treasurer
has
collected on the general duplicate of real and public utility
property at the time of making the settlement.
(B) On or before the thirtieth day of June, in each year,
the treasurer shall settle with the auditor for all advance
payments of general personal and classified property taxes that
the treasurer has received at the time of making the
settlement.
(C) On or before the tenth day of August, in each year,
the
treasurer shall settle with the auditor for all taxes and
assessments that the treasurer has collected on the general
duplicates of
real and public utility property at the time of
making such
settlement, not included in the preceding February
settlement.
(D) On or before the thirty-first day of October, in each
year, the treasurer shall settle with the auditor for all taxes
that the treasurer has collected on the general personal and
classified
property duplicates, and for all advance payments of
general
personal and classified property taxes, not included in
the
preceding June settlement, that the treasurer has received at
the time of
making such settlement.
(E) In the event the time for the payment of taxes is
extended, pursuant to section 323.17 of the Revised Code, the
date
on or before which settlement for the taxes so extended must
be
made, as herein prescribed, shall be deemed to be extended for
a
like period of time. At each such settlement, the auditor
shall
allow to the treasurer, on the moneys received or collected
and
accounted for by the treasurer, the
treasurer's fees, at the
rate or percentage
allowed by law, at a full settlement of the
treasurer.
(F) Within thirty days after the day of each settlement of
taxes required under divisions (A) and (C) of this section, the
treasurer shall certify to the tax commissioner any adjustments
which that have been made to the amount certified previously pursuant
to section 319.302 of the Revised Code and that the settlement
has
been completed. Upon receipt of such certification, the
commissioner shall provide for payment to the county treasurer
from the general revenue fund of an amount equal to one-half of
the amount certified by the treasurer in the preceding tax year
under section 319.302 of the Revised Code, less one-half of the amount computed for all taxing districts in that county for the current fiscal year under section 5703.80 of the Revised Code for crediting to the property tax administration fund. Such payment shall be
credited upon receipt to the county's undivided income tax fund,
and the county auditor shall transfer to the county general fund
from the amount thereof the total amount of all fees and charges
which the auditor and treasurer would have been authorized to
receive had such section not been in effect and that
amount had
been levied and collected as taxes. The county auditor shall
distribute the amount remaining among the various taxing
districts
in the county as if it had been levied, collected, and
settled as
real property taxes. The amount distributed to each taxing district shall be reduced by the total of the amounts computed for the district under divisions (A), (B), and (C) of section 5703.80 of the Revised Code, but the reduction shall not exceed the amount that otherwise would be distributed to the taxing district under this division. The tax commissioner shall make available to taxing districts such information as is sufficient for a taxing district to be able to determine the amount of the reduction in its distribution under this section.
(G)(1) Within thirty days after the day of the settlement
required in division (D) of this section, the county treasurer shall
notify the tax commissioner that the settlement has been
completed. Upon receipt of that notification, the commissioner
shall provide for payment to the county treasurer from the
general
revenue fund of an amount equal to the amount certified under former section
319.311 of the
Revised Code and paid in the state's fiscal year 2003 multiplied by the percentage specified in division (G)(2) of this section. The payment
shall be credited
upon receipt to the county's undivided income
tax fund, and the
county auditor shall distribute the amount
thereof among the
various taxing districts of the county as if it
had been levied,
collected, and settled as personal property
taxes. The amount
received by a taxing district under this
division shall be
apportioned among its funds in the same
proportion as the current
year's personal property taxes are
apportioned.
(2) Payments required under division (G)(1) of this section shall be made at the following percentages of the amount certified under former section 319.311 of the Revised Code and paid under division (G)(1) of this section in the state's fiscal year 2003:
(a) In fiscal year 2004, ninety per cent;
(b) In fiscal year 2005, eighty per cent;
(c) In fiscal year 2006, seventy sixty-four per cent;
(d) In fiscal year 2007, sixty forty per cent;
(e) In fiscal year 2008, fifty thirty-two per cent;
(f) In fiscal year 2009, forty sixteen per cent;
(g) In fiscal year 2010, thirty per cent;
(h) In fiscal year 2011, twenty per cent;
(i) In fiscal year 2012, ten per cent.
After fiscal year 2012 2009, no payments shall be made under division (G)(1) of this section.
(H)(1) On or before the fifteenth day of April each
year,
the county treasurer shall settle with the county auditor for all
manufactured home taxes that the county treasurer has
collected on
the
manufactured home tax duplicate at the time of making the
settlement.
(2) On or before the fifteenth day of September each year,
the
county treasurer shall settle with the county auditor for all
remaining manufactured home taxes that the county
treasurer has
collected on the manufactured home tax duplicate at
the time of
making the settlement.
(3) If the time for payment of such taxes is extended under
section 4503.06 of the Revised Code, the time for making the
settlement as prescribed by divisions (H)(1) and (2) of this
section is extended for a like period of time.
(I) Within thirty days after the day of each settlement of
taxes required under division (H) of this section, the county treasurer
shall certify to the tax commissioner any adjustments that have
been made to the amount certified previously pursuant to section
319.302 of the Revised Code and that the settlement has been
completed. Upon receipt of such certification, the commissioner
shall provide for payment to the county treasurer from the general
revenue fund of an amount equal to one-half of the amount
certified by the treasurer in the current tax year under section
319.302 of the Revised Code. Such payment shall be credited upon
receipt to the county's undivided income tax fund, and the county
auditor shall transfer to the county general fund from the amount
thereof the total amount of all fees and charges that the auditor
and treasurer would have been authorized to receive had such
section not been in effect and that amount had been levied and
collected as taxes. The county auditor shall distribute the
amount remaining among the various taxing districts in the county
as if it had been levied, collected, and settled as manufactured
home taxes.
Sec. 323.01. Except as otherwise provided, as used in
Chapter 323. of the Revised Code:
(A) "Subdivision" means any county, township, school
district, or municipal
corporation.
(B) "Municipal corporation" includes charter
municipalities.
(C) "Taxes" means the total amount of all charges against
an entry appearing on a tax list and the duplicate thereof that
was prepared and certified in accordance with section 319.28 of
the Revised Code, including taxes levied against real estate;
taxes on property whose value is certified pursuant to section
5727.23 of the Revised Code; recoupment charges applied pursuant
to section 5713.35 of the Revised Code; all assessments;
penalties and interest charged pursuant to section 323.121 of the
Revised Code; charges added pursuant to section 319.35 of the
Revised Code; and all of such charges which remain unpaid from
any previous tax year.
(D) "Current taxes" means all taxes charged against an
entry on the general tax list and duplicate of real and public
utility property that have not appeared on such list and
duplicate for any prior tax year and any penalty thereon charged
by division (A) of section 323.121 of the Revised Code. Current
taxes, whether or not they have been certified delinquent, become
delinquent taxes if they remain unpaid after the last day
prescribed for payment of the second installment of current taxes
without penalty.
(E) "Delinquent taxes" means:
(1) Any taxes charged against an entry on the general tax
list and duplicate of real and public utility property that were
charged against an entry on such list and duplicate for a prior
tax year and any penalties and interest charged against such
taxes.
(2) Any current taxes charged on the general tax list and
duplicate of real and public utility property that remain unpaid
after the last day prescribed for payment of the second
installment of such taxes without penalty, whether or not they
have been certified delinquent, and any penalties and interest
charged against such taxes.
(F) "Current tax year" means, with respect to particular
taxes, the calendar year in which the first installment of taxes
is due prior to any extension granted under section 323.17 of the
Revised Code.
(G) "Liquidated claim" means:
(1) Any sum of money due and payable, upon a written
contractual obligation executed between the subdivision and the
taxpayer, but excluding any amount due on general and special
assessment bonds and notes;
(2) Any sum of money due and payable, for
disability financial assistance or disability medical assistance provided under Chapter
5115. of the Revised Code that is furnished to or in behalf of
a subdivision, provided that such claim is recognized by a
resolution or ordinance of the legislative body of such
subdivision;
(3) Any sum of money advanced and paid to or received and
used by a subdivision, pursuant to a resolution or ordinance of
such subdivision or its predecessor in interest, and the moral
obligation to repay which sum, when in funds, shall be recognized
by resolution or ordinance by the subdivision.
Sec. 323.152. In addition to the reduction in taxes
required
under section 319.302 of the Revised Code, taxes shall
be reduced
as provided in divisions (A) and
(B) of this section.
(A)(1) Division (A) of this
section applies to any of the
following:
(a) A person who is permanently and totally disabled;
(b) A person who is sixty-five years of age or older;
(c) A person who is the surviving spouse of a deceased
person who was permanently and totally disabled or sixty-five
years of age or older and who applied and qualified for a
reduction in taxes under this division in the year of death,
provided the
surviving spouse is at least fifty-nine but not
sixty-five or more years of
age on the date the deceased spouse
dies.
(2) Real property taxes on a homestead owned and occupied,
or a
homestead in a housing cooperative occupied, by a
person to
whom division (A) of this section
applies shall be reduced for
each year for which the owner obtains a certificate of reduction
from the county auditor under section 323.154 of the Revised
Code
or for which the occupant obtains a certificate of reduction in
accordance with
section 323.159 of the Revised Code. The
reduction
shall equal the amount obtained by
multiplying the tax
rate for the tax year for which the
certificate is issued by the
reduction in taxable value shown in
the following schedule:
|
|
Reduce Taxable Value |
Total Income |
|
by the Lesser of: |
$11,900 or less |
|
$5,000 or seventy-five per cent |
More than $11,900 but not more than $17,500 |
|
$3,000 or sixty per cent |
More than $17,500 but not more than $23,000 |
|
$1,000 or twenty-five per cent |
More than $23,000 |
|
-0- |
(3) Each calendar year, the tax
commissioner shall adjust
the foregoing schedule
by completing the
following
calculations
in September of each year:
(a) Determine the percentage increase in the gross
domestic
product deflator determined by the bureau of economic
analysis of
the United
States department of commerce
from the first day of
January of
the preceding calendar year to the last day of
December of the
preceding calendar
year;
(b) Multiply that percentage increase by each of
the total
income amounts, and by each dollar amount by which taxable value
is
reduced, for the current tax year;
(c) Add the resulting product to each of the total
income
amounts, and to each of the dollar amounts by which taxable value
is
reduced, for the current tax year;
(d)(i) Except as provided in division (A)(3)(d)(ii) of this section, round the resulting sum to the nearest
multiple of one
hundred dollars;
(ii) If rounding the resulting sum to the nearest multiple of one hundred dollars under division (A)(3)(d)(i) of this section does not increase the dollar amounts by which taxable value is reduced, the resulting sum instead shall be rounded to the nearest multiple of ten dollars.
The commissioner shall certify the amounts resulting from
the
adjustment to each county auditor not later than the first
day of
December each year. The
certified amounts apply to the following
tax year. The
commissioner shall not make the adjustment in any
calendar year
in which the amounts resulting from the adjustment
would be less
than the total income amounts, or less than the
dollar amounts by which
taxable value is reduced, for the current
tax year.
(B) Real To provide a partial exemption, real property taxes on any homestead, and manufactured
home
taxes on any manufactured or mobile home on which a
manufactured home tax is
assessed pursuant to division (D)(2) of
section 4503.06 of the
Revised Code, shall be reduced for each
year for
which the owner obtains a certificate of
reduction from
the county auditor under section 323.154 of the
Revised Code. The
amount of the reduction shall equal one-fourth two and one-half per cent
of the amount by
which the of taxes charged and payable to be levied on the
homestead or the
manufactured or mobile home are reduced for such year
under after applying
section 319.302 319.301 of the
Revised Code.
(C) The reductions granted by this section do not apply to
special assessments or respread of assessments levied against the
homestead, and if there is a transfer of ownership subsequent to
the filing of an application for a reduction in taxes, such
reductions are not forfeited for such year by virtue of such
transfer.
(D) The reductions in taxable value referred to in this
section
shall be applied solely as a factor for the purpose of
computing
the reduction of taxes under this section and shall not
affect
the total value of property in any subdivision or taxing
district
as listed and assessed for taxation on the tax lists and
duplicates, or any direct or indirect limitations on indebtedness
of a subdivision or taxing district. If after application of
sections 5705.31 and 5705.32 of the Revised Code, including the
allocation of all levies within the ten-mill limitation to debt
charges to the extent therein provided, there would be
insufficient funds for payment of debt charges not provided for
by
levies in excess of the ten-mill limitation, the reduction of
taxes provided for in sections 323.151 to 323.159 of
the Revised
Code shall be proportionately adjusted to the extent necessary
to
provide such funds from levies within the ten-mill limitation.
(E) No reduction shall be made on the taxes due on the
homestead of any person convicted of violating division (C) or
(D)
of section 323.153 of the Revised Code for a period of three
years
following the conviction.
Sec. 325.31. (A) On the first business day of each month,
and at the end of the officer's term of office, each officer
named in section 325.27 of the Revised Code shall pay into the county
treasury, to the credit of the general county fund, on the
warrant of the county auditor, all fees, costs, penalties,
percentages, allowances, and perquisites collected by the
officer's office during the preceding month or part thereof for official
services, except the fees allowed the county auditor by division (B) of
section 319.54 of the Revised Code, which shall be paid into the
county treasury to the credit of the real estate assessment fund
hereby created.
(B) Moneys to the credit of the real estate assessment
fund may be expended, upon appropriation by the board of county
commissioners, for the purpose of defraying one or more of the following:
(1) The cost
incurred by the county auditor in assessing real estate pursuant
to Chapter 5713. of the Revised Code and manufactured and mobile homes
pursuant to Chapter 4503. of the Revised Code;
(2) At the county
auditor's
discretion, costs and expenses incurred by the county auditor in preparing the list of real and public utility property, in administering laws related to the taxation of real property and the levying of special assessments on real property, including administering reductions under Chapters 319. and 323. and section 4503.065 of the Revised Code, and to support assessments of real property in any administrative or judicial proceeding;
(3) At the county auditor's discretion, the expenses incurred by the county board of revision under
Chapter 5715. of the Revised Code;
(4) At the county auditor's discretion, the expenses incurred by the county auditor for geographic information systems, mapping programs, and technological advances in those or similar systems or programs;
(5) At the county auditor's discretion, expenses incurred by the county auditor in compiling the general tax list of tangible personal property and administering tangible personal property taxes under Chapters 5711. and 5719. of the Revised Code;
(6) At the county auditor's discretion, costs, expenses, and fees incurred by the county auditor in the administration of estate taxes under Chapter 5731. of the Revised Code and the amounts incurred under section 5731.41 of the Revised Code.
Any expenditures made from
the real estate assessment fund shall comply with rules that the
tax commissioner adopts under division (O) of section 5703.05 of
the Revised Code. Those rules shall include a requirement that a
copy of any appraisal plans, progress of work reports, contracts,
or other documents required to be filed with the tax commissioner
shall be filed also with the board of county commissioners.
The board of county commissioners shall not transfer moneys
required to be deposited in the real estate assessment fund to
any other fund. Following an assessment of real property
pursuant to Chapter 5713. of the Revised Code, or an assessment of a
manufactured or mobile home pursuant to Chapter 4503.
of the Revised Code, any moneys not
expended for the purpose of defraying the cost incurred in
assessing real estate or manufactured or mobile homes or for the
purpose of defraying the expenses described in divisions (B)(2), (3), (4), (5), and (6) of this section, and thereby remaining to the credit of the
real estate assessment fund, shall be apportioned ratably and
distributed to those taxing authorities that contributed
to the fund. However, no such distribution shall be made if the amount
of such unexpended moneys remaining to the credit of the real
estate assessment fund does not exceed five thousand dollars.
(C) None of the officers named in section 325.27 of the
Revised Code shall collect any fees from the county. Each of
such officers shall, at the end of each calendar year, make and
file a sworn statement with the board of county commissioners of
all such fees, costs, penalties, percentages, allowances, and
perquisites which have been due in the officer's office and
unpaid for more than one year prior to the date such statement is required to
be made.
Sec. 329.04. (A) The county department of job and family
services shall
have, exercise, and perform the following powers
and duties:
(1) Perform any duties assigned by
the state department of
job and family services
regarding the provision of public family
services, including the provision of the following services
to
prevent or reduce economic or
personal dependency and to
strengthen family life:
(a) Services authorized by
a Title IV-A
program, as
defined in section 5101.80 of the Revised Code;
(b) Social services authorized by Title XX of the
"Social
Security Act" and provided for by section 5101.46 or 5101.461 of the Revised
Code;
(c) If the county department is designated as the child
support
enforcement agency, services authorized by Title IV-D of
the "Social
Security
Act" and provided for by
Chapter 3125. of
the Revised Code. The county
department
may perform the services
itself or contract with other
government entities, and, pursuant
to division
(C) of section 2301.35 and section 2301.42 of the
Revised Code, private
entities, to perform the Title IV-D
services.
(d) Duties assigned under section 5111.98 of the Revised Code.
(2) Administer disability financial assistance, as required by the state department of job and
family services under section 5115.03 of the Revised Code;
(3) Administer disability medical assistance, as required by the state department of job and family services under section 5115.13 of the Revised Code;
(4) Administer burials insofar as the administration of
burials was,
prior to September 12, 1947, imposed upon the board
of county commissioners
and if otherwise required by state law;
(5)(4) Cooperate with state and federal authorities in any
matter
relating to family services and to act as the agent of
such
authorities;
(6)(5) Submit an annual account of its
work and expenses to the
board of county commissioners and to the
state department of job
and family services at the
close of each fiscal year;
(7)(6) Exercise any powers and duties
relating to family
services duties or workforce development
activities imposed upon the
county department of job and
family
services by law, by resolution
of the board of county commissioners, or by
order of the governor,
when authorized by law, to meet
emergencies during war or peace;
(8)(7) Determine the eligibility for medical assistance of
recipients of aid under Title XVI of the "Social Security Act";
(9)(8) If assigned by the state director of job and
family
services under section 5101.515
of the Revised Code,
determine
applicants' eligibility for health assistance under the
children's
health insurance program part II;
(10)(9) Enter into a plan of cooperation with the board of
county
commissioners under section 307.983, consult with
the board
in the development of the transportation work plan developed under
section 307.985, establish with the board procedures
under section
307.986 for
providing services to children whose families relocate
frequently, and comply
with the
contracts the board enters into
under sections 307.981 and 307.982 of the
Revised Code that affect
the county department;
(11)(10) For the purpose of complying with a fiscal agreement the board
of county commissioners enters into under
section 307.98 of the Revised Code, exercise the
powers and
perform the duties the fiscal agreement assigns to the county
department;
(12)(11) If the county department is designated as the workforce
development
agency, provide the workforce development activities
specified in the contract
required by section 330.05 of the
Revised Code.
(B) The powers and duties of a county department of job and
family services are, and
shall be exercised and performed, under
the control and direction of the board
of county commissioners.
The board may assign to the county department any
power or duty of
the board regarding family services duties and workforce development
activities. If the new power or duty
necessitates the state
department of job and family
services changing its federal cost
allocation plan, the county department may not implement the power
or duty
unless the United States department of health and human
services approves the
changes.
Sec. 329.051. The county department of job and family
services
shall make voter registration applications as prescribed by the secretary
of state under section 3503.10 of the Revised Code available to persons who
are applying for, receiving assistance from, or
participating in any of the following:
(A) The disability financial
assistance program established under Chapter 5115. of the Revised Code;
(B) The disability medical assistance program established under Chapter 5115. of the Revised Code;
(C) The medical assistance program established under
Chapter 5111. of the Revised Code;
(D)(C) The Ohio works first program established under Chapter 5107.
of the Revised Code;
(E)(D) The prevention, retention, and contingency program
established under Chapter 5108. of the Revised Code.
Sec. 339.72. (A) Each board of county commissioners shall
provide for the county to be served by a tuberculosis control
unit by designating a county tuberculosis control unit or by
entering into an agreement with one or more boards of county
commissioners of other counties under which the boards jointly
designate a district tuberculosis control unit. The entity
designated as the county or district tuberculosis control unit may be any of
the following:
(1) A communicable disease control program operated
by a board of health of a city or general health district
pursuant to section 3709.22 of the Revised Code;
(2) A tuberculosis program operated by a county that receives
funds pursuant to section 339.77 of the
Revised Code;
(3) A tuberculosis clinic established by a board of
county commissioners pursuant to section 339.76 of the
Revised Code;
(4)(3) A hospital that provides tuberculosis clinic
services under a contract with a board of county commissioners
pursuant to section 339.75 of the Revised Code.
(B) The entity designated under division (A) of this
section as the tuberculosis control unit shall accept that designation and
fulfill its duties as the tuberculosis control unit specified under sections
339.71 to 339.89 of the Revised Code.
Sec. 339.88. The expenses incurred for detention under section 339.86 or
339.87 of the Revised Code shall be paid by the individual
detained or if the individual is indigent, by the board of county
commissioners of the county from which the individual was removed. The board
of county commissioners may apply to the director of health for reimbursement
under section 339.77 of the Revised Code for expenses of detaining indigent individuals with
tuberculosis.
Sec. 340.03. (A) Subject to rules issued by the director
of
mental health after consultation with relevant constituencies
as
required by division (A)(11) of section 5119.06 of the Revised
Code, with regard to mental health services, the board of
alcohol,
drug addiction, and mental health services shall:
(1) Serve as the community mental health planning agency
for
the county or counties under its jurisdiction, and in so
doing it
shall:
(a) Evaluate the need for
facilities and community mental
health
services;
(b)
In cooperation with other local and regional
planning
and funding bodies and with relevant ethnic
organizations,
assess
the community mental health needs, set
priorities, and
develop
plans for the operation of
facilities and
community
mental health
services;
(c) In accordance with guidelines issued by the director
of
mental health after consultation with board representatives,
develop and submit to the department of mental health, no later
than six months prior to the conclusion of the fiscal year in
which the board's current plan is scheduled to expire, a
community
mental health plan listing community mental health
needs,
including the needs of all residents of the district now
residing
in state mental institutions and severely mentally
disabled
adults, children, and adolescents; all children
subject to a
determination made pursuant to section 121.38 of the Revised
Code;
and all
the facilities and community mental health
services that
are or will be
in operation
or provided
during
the
period for
which the plan will be in operation in the
service
district to
meet such needs.
The plan shall include, but not be limited to, a statement
of
which of the services listed in section 340.09 of the Revised
Code
the board intends to provide or purchase, an explanation of
how
the board intends to make any payments that it may be
required to
pay under section 5119.62 of the Revised Code, a
statement of the
inpatient and community-based services the board
proposes that the
department operate, an assessment of the number
and types of
residential facilities needed, and such other
information as the
department requests, and a budget for moneys
the board expects to
receive. The board shall also submit an
allocation request for
state and federal funds. Within sixty
days after the department's
determination that the plan and
allocation request are complete,
the department shall approve or
disapprove the plan and request,
in whole or in part, according
to the criteria developed pursuant
to section 5119.61 of the
Revised Code. The department's
statement of approval or
disapproval shall specify the inpatient
and the community-based
services that the department will operate
for the board.
Eligibility for financial support shall be
contingent upon an
approved plan or relevant part of a plan.
If the director disapproves all or part of any plan, the
director shall inform the board of the reasons for the disapproval
and of
the criteria that must be met before the plan may be
approved.
The director shall provide the board an opportunity to
present
its case on behalf of the plan. The director shall give
the
board a reasonable time in which to meet the criteria, and
shall
offer the board technical assistance to help it meet the
criteria.
If the approval of a plan remains in dispute thirty days
prior to the conclusion of the fiscal year in which the board's
current plan is scheduled to expire, the board or the director
may
request that the dispute be submitted to a mutually agreed
upon
third-party mediator with the cost to be shared by the board
and
the department. The mediator shall issue to the board and
the
department recommendations for resolution of the dispute.
Prior to
the conclusion of the fiscal year in which the current
plan is
scheduled to expire, the director, taking into
consideration the
recommendations of the mediator, shall make a
final determination
and approve or disapprove the plan, in whole
or in part.
If a board determines that it is necessary to amend a plan
or
an allocation request that has been approved under division
(A)(1)(c) of this section, the board shall submit a proposed
amendment to the director. The director may approve or
disapprove
all or part of the amendment. If the director does
not approve
all or part of the amendment within thirty days after
it is
submitted, the amendment or part of it shall be considered
to have
been approved. The director shall inform the board of the
reasons
for
disapproval of all or part of an amendment and of the criteria
that
must be met before the
amendment may be approved. The
director shall provide the board
an opportunity to present its
case on behalf of the amendment. The director
shall give the
board a reasonable time in which to
meet the criteria, and shall
offer the board technical assistance
to help it meet the criteria.
The board shall implement the plan approved by the
department.
(d) Receive, compile, and transmit to the department of
mental health applications for state reimbursement;
(e) Promote, arrange, and implement working agreements
with
social agencies, both public and private, and with judicial
agencies.
(2) Investigate, or request another agency to investigate,
any complaint alleging abuse or neglect of any person receiving
services from a community mental health agency as defined in
section 5122.01 of the Revised Code, or from a residential
facility licensed under section 5119.22 of the Revised Code. If
the investigation substantiates the charge of abuse or neglect,
the board shall take whatever action it determines is necessary
to
correct the situation, including notification of the
appropriate
authorities. Upon request, the board shall provide
information
about such investigations to the department.
(3)
For the purpose of section 5119.611 of the
Revised Code,
cooperate with the director of mental health in
visiting and
evaluating whether the services of a community mental
health
agency satisfy the certification standards
established by
rules
adopted under that section;
(4) In accordance with criteria established under division
(G) of section 5119.61 of the Revised Code, review and evaluate
the quality, effectiveness, and
efficiency of services provided
through its
community mental
health
plan
and submit its findings
and recommendations to the department of
mental health;
(5) In accordance with section 5119.22 of the Revised
Code,
review applications for residential facility licenses and
recommend to the department of mental health approval or
disapproval of applications;
(6) Audit, in accordance with rules adopted by the auditor
of state pursuant to section 117.20 of the Revised Code, at least
annually all programs and services provided under contract with
the board. In so doing, the board may contract for or employ the
services of private auditors. A copy of the fiscal audit report
shall be provided to the director of mental health, the auditor
of
state, and the county auditor of each county in the board's
district.
(7) Recruit and promote local financial support for
mental
health programs from private and public sources;
(8)(a)
Enter
into contracts with public and private
facilities for the operation of facility services included in the
board's community mental health plan and enter into contracts with
public and private
community
mental health
agencies for the
provision of
community mental
health services
listed in section
340.09 of the
Revised Code and included in the
board's community
mental health
plan.
Contracts with community
mental health
agencies are subject to section 5119.611 of the
Revised Code.
Section 307.86 of the Revised Code does not apply
to
contracts
entered into under this division. In contracting
with
a
community mental health agency, a board
shall
consider the cost
effectiveness of services provided by that
agency and the quality
and continuity of care, and may review cost
elements, including
salary costs, of the services to be provided.
A utilization
review
process shall be established as part of the
contract for
services
entered into between a board and a
community mental health
agency. The board may establish
this process in a way
that is
most effective and efficient
in meeting local needs. In the case
of a
contract with a
community mental health facility, as defined in
section 5111.022 5111.023 of the Revised Code, to provide
services
listed in
division (B) of that section, the contract
shall
provide for the
facility to be paid in accordance with the
contract entered into between the
departments of
job and
family
services and mental health under
section 5111.91 of the Revised Code and
any rules adopted under division (A) of section
5119.61 of the
Revised Code.
If either the board or a
facility or community mental health
agency
with
which
the board contracts
under division (A)(8)(a)
of this
section proposes not to renew the contract or proposes
substantial
changes in contract terms, the other party shall be
given written
notice at least one hundred twenty days before the
expiration date
of the contract. During the first sixty days of
this one hundred
twenty-day period, both parties shall attempt to
resolve any
dispute through good faith collaboration and
negotiation in order
to continue to provide services to persons
in
need. If the
dispute has not been resolved sixty days before
the
expiration
date of the contract, either party may notify the
department of
mental health of the unresolved dispute. The
director may require
both parties to submit the dispute to a
third
party with the cost
to be shared by the board and the
facility or
community
mental
health
agency. The third party shall issue to
the board,
the
facility or agency,
and the department
recommendations on how the
dispute
may be
resolved twenty days
prior to the expiration date
of the
contract, unless both parties
agree to a time extension.
The
director shall adopt rules
establishing the procedures of this
dispute resolution process.
(b) With the prior approval of the director of mental
health, a board may operate a
facility or provide a community
mental health service as follows, if there
is no other qualified
private or
public
facility or community
mental health agency that
is
immediately available and willing to
operate such
a facility or
provide the service:
(i) In an emergency situation, any board may operate a
facility or provide a community
mental health service in order to
provide
essential services for the duration
of the emergency;
(ii) In a service district with a population of at least
one
hundred thousand but less than five hundred thousand, a board
may
operate a
facility or provide a community mental health service
for no
longer than one year;
(iii) In a service district with a population of less than
one hundred thousand, a board may operate a
facility or provide a
community mental
health
service for no
longer than one year,
except
that such a board may operate a
facility or provide a
community mental health
service for more than one year with the
prior approval of the
director and the prior approval of the board
of county
commissioners, or of a majority of the boards of county
commissioners if the district is a joint-county district.
The director shall not give a board approval to operate
a
facility or provide a community mental health service under
division
(A)(8)(b)(ii) or (iii) of this section
unless the
director
determines that
it is not feasible to have the
department
operate the
facility or provide the service.
The director shall not give a board approval to operate
a
facility or provide a community mental health service under
division
(A)(8)(b)(iii) of this section unless
the director
determines
that the
board will
provide greater
administrative
efficiency and
more or better
services than would
be available if
the board
contracted with a
private or public
facility or
community mental
health
agency.
The director shall not give a board approval to operate
a
facility previously
operated
by
a
person or other government
entity
unless the board has
established to the director's
satisfaction
that the
person or other government entity cannot
effectively
operate the
facility or
that
the
person or other
government entity has requested
the board to take over operation
of the
facility.
The director shall not give a board approval to
provide
a community mental health service previously provided by a
community mental health agency unless the board has established to
the director's satisfaction that the agency cannot effectively
provide the service or that the agency has requested the board
take over providing the service.
The director shall review and evaluate
a board's
operation
of
a facility and provision of community mental
health service
under
division (A)(8)(b) of this section.
Nothing in division (A)(8)(b) of this section authorizes a
board to administer or direct the daily operation of any
facility
or community
mental health agency, but
a facility or agency may
contract with a
board to
receive administrative services or staff
direction from
the board
under the direction of the governing body
of the
facility or agency.
(9) Approve fee schedules and related charges or adopt a
unit cost schedule or other methods of payment for contract
services provided by community mental health agencies in
accordance with guidelines issued by the department as necessary
to comply with state and federal laws pertaining to financial
assistance;
(10) Submit to the director and the county commissioners
of
the county or counties served by the board, and make available
to
the public, an annual report of the programs under the
jurisdiction of the board, including a fiscal accounting;
(11) Establish, to the extent resources are available, a
community support system, which provides for treatment, support,
and rehabilitation services and opportunities. The essential
elements of the system include, but are not limited to, the
following components in accordance with section 5119.06 of the
Revised Code:
(a) To locate persons in need of mental health services to
inform them of available services and benefits mechanisms;
(b) Assistance for clients to obtain services necessary to
meet basic human needs for food, clothing, shelter, medical care,
personal safety, and income;
(c) Mental health care, including, but not limited to,
outpatient, partial hospitalization, and, where
appropriate,
inpatient care;
(d) Emergency services and crisis intervention;
(e) Assistance for clients to obtain vocational services
and
opportunities for jobs;
(f) The provision of services designed to develop social,
community, and personal living skills;
(g) Access to a wide range of housing and the provision of
residential treatment and support;
(h) Support, assistance, consultation, and education for
families, friends, consumers of mental health services, and
others;
(i) Recognition and encouragement of families, friends,
neighborhood networks, especially networks that include racial
and
ethnic minorities, churches, community organizations, and
meaningful employment as natural supports for consumers of mental
health services;
(j) Grievance procedures and protection of the rights of
consumers of mental health services;
(k) Case management, which includes continual
individualized
assistance and advocacy to ensure that needed
services are offered
and procured.
(12) Designate the treatment program, agency,
or
facility
for each person involuntarily committed to the board
pursuant to
Chapter 5122. of the Revised Code and authorize
payment for such
treatment. The board shall provide the least
restrictive and most
appropriate alternative that is available
for
any person
involuntarily committed to it and shall assure
that the
services
listed in section 340.09 of the Revised Code
are
available to
severely mentally disabled persons residing
within
its service
district. The board shall establish the
procedure for
authorizing
payment for services, which may include
prior
authorization in
appropriate circumstances. The board may
provide
for services
directly to a severely mentally disabled
person when
life or
safety is endangered and when no community
mental health
agency is
available to provide the service.
(13) Establish a method for evaluating
referrals for
involuntary commitment and affidavits filed pursuant
to section
5122.11 of the Revised Code in order to assist the
probate
division of the court of common pleas in determining
whether there
is probable cause that a respondent is subject to
involuntary
hospitalization and what alternative treatment is
available and
appropriate, if any;
(14) Ensure that apartments or rooms built,
subsidized,
renovated, rented, owned, or leased by the board or a
community
mental health agency have been approved as meeting
minimum fire
safety standards and that persons residing in the
rooms or
apartments are receiving appropriate and necessary
services,
including culturally relevant services, from a
community mental
health agency. This division does not apply to
residential
facilities licensed pursuant to section 5119.22 of
the Revised
Code.
(15) Establish a mechanism for involvement
of consumer
recommendation and advice on matters pertaining
to mental health
services in the alcohol, drug addiction, and
mental health service
district;
(16) Perform the duties under section 3722.18 of the
Revised
Code required by rules
adopted under section 5119.61 of
the
Revised Code
regarding referrals by the board or mental health
agencies under contract
with the board of individuals with mental
illness
or severe mental disability to adult care facilities and
effective
arrangements for ongoing mental health services for the
individuals. The
board is accountable in the manner specified in
the rules for ensuring that
the ongoing mental health services are
effectively arranged for the
individuals.
(B) The board shall establish such rules, operating
procedures, standards, and bylaws, and perform such other duties
as may be necessary or proper to carry out the purposes of this
chapter.
(C) A board of alcohol, drug addiction, and
mental health
services may receive by gift, grant, devise, or
bequest any
moneys, lands, or property for the benefit of the
purposes for
which the board is established, and may hold and
apply it
according to the terms of the gift, grant, or bequest. All money
received, including accrued interest, by gift, grant,
or bequest
shall be deposited in the treasury of the county, the
treasurer of
which is custodian of the alcohol, drug addiction,
and mental
health services funds to the credit of the board and
shall be
available for use by the board for purposes stated by
the donor or
grantor.
(D) No board member or employee of a board of alcohol,
drug
addiction, and mental health services shall be liable for
injury
or damages caused by any action or inaction taken within
the scope
of the board member's official duties or the
employee's
employment, whether or not such action or inaction is expressly
authorized by this section, section 340.033, or any other section
of the
Revised Code, unless such action or inaction constitutes
willful or wanton
misconduct. Chapter 2744. of the Revised Code
applies to any action or
inaction by a board member or employee of
a board taken within the scope of
the board member's official
duties or employee's employment. For the purposes
of this
division, the conduct of a board member or employee shall
not be
considered willful or wanton misconduct if the board
member or
employee acted in good faith and in a manner that the
board member
or employee
reasonably believed was in or was not opposed to the
best
interests of the board and, with respect to any criminal
action
or proceeding, had no reasonable cause to believe the
conduct was unlawful.
(E) The meetings held by any committee established by a
board of alcohol, drug addiction, and mental health services
shall
be considered to be meetings of a public body subject to
section
121.22 of the Revised Code.
Sec. 340.16. Not later than ninety days after
the effective
date of this section
September 5, 2001, the department of mental health and the
department of job and family services shall adopt rules that
establish requirements and procedures for prior notification and
service coordination between public children services agencies and
boards of alcohol, drug addiction, and mental health services when
a public children services agency refers a child in its custody to
a board for services funded by the board. The rules shall be
adopted in accordance with Chapter 119. of the Revised Code.
The department of mental health and department of job and
family services shall collaborate in formulating a plan that
delineates the funding responsibilities of public children
services agencies and boards of alcohol, drug addiction, and
mental health services for services provided under section
5111.022 5111.023 of the Revised Code to children in the custody of public
children services agencies. The departments shall complete the
plan not later than ninety days after
the effective date of this
section
September 5, 2001.
Sec. 341.192. (A) As used in this section:
(1) "Medical assistance program" has the same meaning as in section 2913.40 of the Revised Code.
(2) "Medical provider" means a physician, hospital, laboratory, pharmacy, or other health care provider that is not employed by or under contract to a county or the department of rehabilitation and correction to provide medical services to persons confined in the county jail or a state correctional institution.
(3) "Necessary care" means medical care of a nonelective nature that cannot be postponed until after the period of confinement of a person who is confined in a county jail or a state correctional institution or is in the custody of a law enforcement officer without endangering the life or health of the person.
(B) If a physician employed by or under contract to a county or the department of rehabilitation and correction to provide medical services to persons confined in the county jail or state correctional institution determines that a person who is confined in the county jail or a state correctional institution or who is in the custody of a law enforcement officer prior to the person's confinement in the county jail or a state correctional institution requires necessary care that the physician cannot provide, the necessary care shall be provided by a medical provider. The county or the department of rehabilitation and correction shall pay a medical provider for necessary care an amount not exceeding the authorized reimbursement rate for the same service established by the department of job and family services under the medical assistance program.
Sec. 351.01. As used in this chapter:
(A) "Convention facilities authority" means a body
corporate
and politic created pursuant to section 351.02 of the
Revised
Code.
(B) "Governmental agency" means a department, division, or
other unit of the state government or of a municipal corporation,
county, township, or other political subdivision of the state;
any
state university or college, as defined in section 3345.12 of
the
Revised Code, community college, state community college,
university branch, or technical college; any other public
corporation or agency having the power to acquire, construct, or
operate facilities; the United States or any agency thereof; and
any agency, commission, or authority established pursuant to an
interstate compact or agreement.
(C) "Person" means any individual, firm, partnership,
association, or corporation, or any combination of them.
(D) "Facility" or "facilities" means any convention,
entertainment, or sports facility, or combination of them,
located
within the territory of the convention facilities
authority,
together with all parking facilities, walkways, and
other
auxiliary facilities, real and personal property, property
rights,
easements and interests that may be appropriate for, or
used in
connection with, the operation of the facility.
(E) "Cost" means the cost of acquisition of all land,
rights-of-way, property rights, easements, franchise rights, and
interests required for such acquisition; the cost of demolishing
or removing any buildings or structures on land so acquired,
including the cost of acquiring any lands to which such buildings
or structures may be moved; the cost of acquiring or constructing
and equipping a principal office of the convention facilities
authority; the cost of diverting highways, interchange of
highways, access roads to private property, including the cost of
land or easements for such access roads; the cost of public
utility and common carrier relocation or duplication; the cost of
all machinery, furnishings, and equipment; financing charges;
interest prior to and during construction and for no more than
eighteen months after completion of construction; expenses of
research and development with respect to facilities; legal
expenses; expenses of obtaining plans, specifications,
engineering
surveys, studies, and estimates of cost and revenues;
working
capital; expenses necessary or incident to determining
the
feasibility or practicability of acquiring or constructing
such
facility; administrative expense; and such other expenses as
may
be necessary or incident to the acquisition or construction
of the
facility, the financing of such acquisition or
construction,
including the amount authorized in the resolution
of the
convention facilities authority providing for the issuance
of
convention facilities authority revenue bonds to be paid into
any
special funds from the proceeds of such bonds, the cost of
issuing
the bonds, and the financing of the placing of such
facility in
operation. Any obligation, cost, or expense incurred
by any
governmental agency or person for surveys, borings,
preparation of
plans and specifications, and other engineering
services, or any
other cost described above, in connection with
the acquisition or
construction of a facility may be regarded as
part of the cost of
such facility and may be reimbursed out of
the proceeds of
convention facilities authority revenue bonds as
authorized by
this chapter.
(F) "Owner" includes a person having any title or interest
in any property, rights, easements, or interests authorized to be
acquired by Chapter 351. of the Revised Code.
(G) "Revenues" means all rentals and other charges
received
by the convention facilities authority for the use or
services of
any facility, the sale of any merchandise, or the
operation of any
concessions; any gift or grant received with
respect to any
facility, any moneys received with respect to the
lease, sublease,
sale, including installment sale or conditional
sale, or other
disposition of a facility or part thereof; moneys
received in
repayment of and for interest on any loans made by
the authority
to a person or governmental agency, whether from
the United States
or any department, administration, or agency
thereof, or
otherwise; proceeds of convention facilities
authority revenue
bonds to the extent the use thereof for payment
of principal or of
premium, if any, or interest on the bonds is
authorized by the
authority; proceeds from any insurance,
appropriation, or guaranty
pertaining to a facility or property
mortgaged to secure bonds or
pertaining to the financing of the
facility; income and profit
from the investment of the proceeds
of convention facilities
authority revenue bonds or of any
revenues; contributions of the
proceeds of a tax levied pursuant to
division (A)(3) of section
5739.09 of the Revised
Code; and moneys transmitted to
the
authority pursuant to
division (B) of section 5739.211 and
division (B) of section
5741.031 of the Revised Code.
(H) "Public roads" includes all public highways, roads,
and
streets in the state, whether maintained by the state,
county,
city, township, or other political subdivision.
(I) "Construction," unless the context indicates a
different
meaning or intent, includes, but is not limited to,
reconstruction, enlargement, improvement, or providing fixtures,
furnishings, and equipment.
(J) "Convention facilities authority revenue bonds" or
"revenue bonds," unless the context indicates a different meaning
or intent, includes convention facilities authority revenue
notes,
convention facilities authority revenue renewal notes, and
convention facilities authority revenue refunding bonds.
(K) "Convention facilities authority tax anticipation
bonds"
or "tax anticipation bonds," unless the context indicates
a
different meaning, includes convention facilities authority tax
anticipation bonds, tax anticipation notes, tax anticipation
renewal notes, and tax anticipation refunding bonds.
(L) "Bonds and notes" means convention facilities
authority
revenue bonds and convention facilities authority tax
anticipation
bonds.
(M) "Territory of the authority" means all of the area of
the county creating the convention facilities authority.
(N) "Excise taxes" means either or both any of the taxes
levied
pursuant to division (B) or (C) of section 351.021 of the Revised
Code.
"Excise taxes" does not include taxes levied pursuant to
section
4301.424, 5743.026, or 5743.324 of the Revised Code.
(O) "Transaction" means the charge by a hotel for each
occupancy by transient guests of a room or suite of rooms used in
a hotel as a single unit for any period of twenty-four hours or
less.
(P) "Hotel" and "transient guests" have the same
meanings
as
in section 5739.01 of the Revised Code.
(Q) "Sports facility" means a
facility intended to house
major league professional
athletic teams.
(R) "Constructing" or "construction" includes providing
fixtures,
furnishings, and
equipment.
Sec. 351.021. (A) The resolution of the county
commissioners creating a convention facilities authority, or any
amendment or supplement to that resolution, may authorize the
authority to levy one or both of the excise taxes authorized by
division (B) of this section to pay the cost of one or more
facilities; to pay principal, interest, and premium on convention
facilities authority tax anticipation bonds issued to pay those
costs; to pay the operating costs of the authority; to pay
operating and maintenance costs of those facilities; and to pay
the costs of administering the excise tax.
(B) The board of directors of a convention facilities
authority that has been authorized pursuant to resolution
adopted,
amended, or supplemented by the board of county
commissioners
pursuant to division (A) of this section may levy,
by resolution
adopted on or before December 31, 1988, either or
both of the
following:
(1) Within the territory of the authority, an additional
excise tax not to exceed four per cent on each transaction. The
excise tax authorized by division (B)(1) of this section shall be
in addition to any excise tax levied pursuant to
section
5739.08
or 5739.09 of the
Revised Code, or
division (B)(2) of this
section.
(2) Within that portion of any municipal corporation that
is
located within the territory of the authority or within the
boundaries of any township that is located within the territory
of
the authority, which municipal corporation or township is
levying
any portion of the excise tax authorized by division
(A) of
section
5739.08 of the Revised Code, and with the
approval, by
ordinance or resolution, of the legislative
authority
of that
municipal corporation or township, an
additional excise
tax not to
exceed nine-tenths of one per cent
on each transaction.
The excise
tax authorized by division
(B)(2) of this section may
be levied
only if, on the effective
date of the levy specified in
the
resolution making the levy, the
amount being levied pursuant
to
division
(A) of section
5739.08 of the Revised
Code by each
municipal corporation or
township in which the tax
authorized by
division (B)(2) of this
section will be levied, when
added to the
amount levied under
division (B)(2) of this section,
does not
exceed three per cent
on each transaction. The excise
tax
authorized by division
(B)(2) of this section shall be in
addition
to any excise tax
that is levied pursuant to
section
5739.08
or
5739.09 of the Revised Code, or division
(B)(1) of this
section.
(C)(1) The board of directors of a convention facilities authority that is located in an eligible Appalachian county; that has been authorized pursuant to resolution adopted, amended, or supplemented by the board of county commissioners pursuant to division (A) of this section; and that is not levying a tax under division (B)(1) or (2) of this section may levy within the territory of the authority, by resolution adopted on or before December 31, 2005, an additional excise tax not to exceed three per cent on each transaction. The excise tax authorized under division (C) of this section shall be in addition to any excise tax levied pursuant to section 5739.08 or 5739.09 of the Revised Code.
(2) As used in division (C)(1) of this section, "eligible Appalachian county" means a county in this state designated as being in the "Appalachian region" under the "Appalachian Regional Development Act of 1965," 79 Stat. 4, 40 U.S.C. App. 403, and having a population less than eighty thousand according to the most recent federal decennial census.
(D) The authority shall provide for the administration and
allocation of the an excise taxes tax levied pursuant to division (B) or (C) of
this section. All receipts arising from those excise taxes shall
be expended for the purposes provided in, and in accordance with
this section and section 351.141 of the Revised Code. An excise
tax levied under division (B) or (C) of this section shall remain in
effect at the rate at which it is levied for at least the
duration
of the period for which the receipts from the tax have
been
anticipated and pledged pursuant to section 351.141 of the
Revised
Code.
(D)(E) Except as provided in division (B)(2) of this section,
the levy of an excise tax on each transaction pursuant to
sections 5739.08 and 5739.09 of the Revised Code does not prevent
a convention
facilities authority from levying the an excise taxes
tax pursuant to
division (B) or (C) of this section.
Sec. 351.06. A facility to be constructed pursuant to this
chapter is a public improvement and a convention facilities
authority is a public authority for purposes of section 4115.03
of the Revised Code. All contractors and subcontractors working
on such facilities are subject to and shall comply with sections
4115.03 to 4115.16 of the Revised Code. A convention facilities
authority is a contracting authority for purposes of sections
307.86 to 307.91 of the Revised Code.
No convention facilities authority shall construct a
facility under this chapter unless the plans for the facility
provide for parking and transportation determined by the board of
county commissioners as adequate to serve that facility.
A convention facilities authority may do all of the
following:
(A) Adopt bylaws for the regulation of its affairs and the
conduct of its business;
(B) Adopt an official seal;
(C) Maintain a principal office within its territory;
(D) Acquire, purchase, construct, reconstruct, enlarge,
furnish, equip, maintain, repair, sell, exchange, lease or rent
to, lease or rent from, operate, or contract for the operation by
others of, facilities within its territory, and make charges for
the use of the facilities;
(E) Make available the use or services of any facility to
persons or governmental agencies on such terms and conditions as
the authority shall determine;
(F) By resolution of its board of directors, issue
convention facilities authority revenue bonds beyond the limit of
bonded indebtedness provided by law, payable solely from revenues
as provided in section 351.14 of the Revised Code, unless the
bonds are refunded by refunding bonds, for the purpose of
providing funds to pay the costs of any facility or facilities or
parts of any facility or facilities, and, if moneys raised by
taxation are not obligated or pledged for the payment of those
revenue bonds, to pay the costs of any facility or facilities or
parts of any facility or facilities pursuant to Section 13 of
Article VIII, Ohio Constitution, and in order to create or
preserve jobs and employment opportunities and improve the
economic welfare of the people of the state;
(G) Maintain such funds as it determines necessary;
(H) Direct its agents or employees, when properly
identified in writing and after at least five days' written
notice, to enter upon lands within its territory in order to make
surveys and examinations preliminary to location and construction
of facilities, or other work for the purposes of the convention
facilities authority, without liability of the authority or its
agents or employees except for actual damage done;
(I) Promote, advertise, and publicize the authority and
its facilities;
(J)(1) Adopt rules, not in conflict with general law,
governing the use of its property, grounds, buildings, equipment,
and facilities, and the conduct of its employees and the public,
in order to promote the public safety and convenience in and
about its facilities and grounds, and to maintain order. Any
such rule shall be posted at a prominent place in each of the
buildings or facilities to which it applies.
(2) No person shall violate any lawful rule adopted and
posted as provided in this division.
(K) Acquire by gift or purchase, hold, lease, and dispose
of real and personal property and interests in the property in
the exercise of its powers and the performance of its duties
under this chapter;
(L) Acquire, in the name of the authority, by purchase or
otherwise, on such terms and in such manner as the authority
finds proper, or by the exercise of the right of appropriation in
the manner provided by section 351.22 of the Revised Code, such
public or private lands, including public parks, playgrounds, or
reservations, or parts thereof or rights therein, rights-of-way,
rights, franchises, easements, and interests as it finds
necessary or proper for carrying out this chapter, and
compensation shall be paid for public or private lands so taken;
(M) Make and enter into all contracts and agreements and
execute all instruments necessary or incidental to the
performance of its duties and the execution of its powers under
this chapter provided that no construction contract or contract
for the purchase of goods or services shall be approved or
entered into by the authority prior to the adoption and
implementation of a policy on the set aside of contracts for
bidding by or award to minority business enterprises, as defined
in division (E)(1) of section 122.71 of the Revised Code;
(N) Employ managers, superintendents, and other employees
and retain or contract with consulting engineers, financial
consultants, accounting experts, architects, attorneys, and such
other consultants and independent contractors as are necessary in
its judgment to carry out this chapter, and fix their
compensation. All expenses of doing so shall be payable solely
from the proceeds of convention facilities authority bonds and
notes issued under this chapter, or from excise taxes and
revenues.
(O) Receive and accept from any governmental agency grants
for or in aid of the purposes of the authority, and receive and
accept aid or contributions from any source of money, property,
labor, or other things of value, to be held, used, and applied
only for the purposes for which such grants and contributions are
made;
(P) Engage in research and development with respect to
facilities;
(Q) Purchase fire and extended coverage and liability
insurance for any facility and for the offices of the authority,
insurance protecting the authority and its officers and employees
against liability for damage to property or injury to or death of
persons arising from its operations, and any other insurance the
authority may agree to provide under any resolution authorizing
its convention facilities authority revenue bonds or in any trust
agreement securing the same;
(R) Charge, alter, and collect rentals and other charges
for the use or services of any facility as provided in section
351.09 of the Revised Code;
(S) If a tax proposed under section 5739.026 of the
Revised Code is disapproved by the electors, request the board of
county commissioners to dissolve the authority pursuant to
section 351.03 of the Revised Code;
(T) By resolution of its board of directors, levy one or
both any of the excise taxes authorized by division (B) or (C) of section
351.021 of the Revised Code if authorized by the county
commissioners, and issue convention facilities authority tax
anticipation bonds beyond any limit of bonded indebtedness
provided by law, payable solely from excise taxes levied pursuant
to division (B) or (C) of section 351.021 of the Revised Code and
revenues as provided in section 351.141 of the Revised Code.
(U) Do all acts necessary or proper to carry out the
powers expressly granted in this chapter.
Sec. 351.141. A convention facilities authority that
levies
one or both any of the excise taxes authorized by division (B)
or (C) of
section 351.021 of the Revised Code or that receives contributions
pursuant to division (A)(3) of section
5739.09 of the
Revised
Code, by resolution may
anticipate the proceeds of the
levy and
issue convention
facilities authority tax anticipation
bonds, and
notes
anticipating the proceeds or the bonds, in the
principal
amount
that, in the opinion of the authority, are
necessary for
the
purpose of paying the cost of one or more
facilities or parts
of
one or more facilities, and as able, with
the interest on them,
be paid over the term of the issue, or in
the case of notes
anticipating bonds over the term of the bonds,
by the estimated
amount of the excise taxes or contributions
anticipated thereby.
The
excise taxes
or contributions are
determined by the general
assembly to satisfy any
applicable
requirement of Section 11 of
Article XII, Ohio Constitution. An
authority, at any time, may
issue renewal tax anticipation notes,
issue tax anticipation bonds
to pay such notes, and, whenever it
considers refunding expedient,
refund any tax anticipation bonds
by the issuance of tax
anticipation refunding bonds whether the
bonds to be refunded have
or have not matured, and issue tax
anticipation bonds partly to
refund bonds then outstanding and
partly for any other authorized
purpose. The refunding bonds
shall be sold and the proceeds
needed for such purpose applied in
the manner provided in the bond
proceedings to the purchase,
redemption, or payment of the bonds
to be refunded.
Every issue of outstanding tax anticipation bonds shall be
payable out of the proceeds of the excise taxes or contributions
anticipated and
other revenues of the authority that are pledged
for such
payment. The pledge shall be valid and binding from the
time the
pledge is made, and the anticipated excise taxes,
contributions, and revenues so
pledged and thereafter received by
the authority immediately
shall be subject to the lien of that
pledge without any physical
delivery of those excise taxes,
contributions, and
revenues or further act. The
lien of any
pledge is valid and binding as against all parties
having claims
of any kind in tort, contract, or otherwise against
the authority,
whether or not such parties have notice of the
lien. Neither the
resolution nor any trust agreement by which a
pledge is created
need be filed or recorded except in the
authority's records.
Whether or not the bonds or notes are of such form and
character as to be negotiable instruments under Title XIII of the
Revised Code, the bonds or notes shall have all the qualities and
incidents of negotiable instruments, subject only to their
provisions for registration, if any.
The tax anticipation bonds shall bear such date or dates,
and
shall mature at such time or times, in the case of any such
notes
or any renewals of such notes not exceeding twenty years
from the
date of issue of such original notes and in the case of
any such
bonds or any refunding bonds not exceeding forty years
from the
date of the original issue of notes or bonds for the
purpose, and
shall be executed in the manner that the resolution
authorizing
the bonds may provide. The tax anticipation bonds
shall bear
interest at such rates, or at variable rate or rates
changing from
time to time, in accordance with provisions
provided in the
authorizing resolution, be in such denominations
and form, either
coupon or registered, carry such registration
privileges, be
payable in such medium of payment and at such
place or places, and
be subject to such terms of redemption, as
the authority may
authorize or provide. The tax anticipation
bonds may be sold at
public or private sale, and at, or at not
less than the price or
prices as the authority determines. If
any officer whose
signature or a facsimile of whose signature
appears on any bonds
or coupons ceases to be such officer before
delivery of the bonds,
the signature or facsimile shall
nevertheless be sufficient for
all purposes as if the officer
had remained
in office until
delivery of the bonds, and in case the seal of
the authority has
been changed after a facsimile has been
imprinted on the bonds,
the facsimile seal will continue to be
sufficient for all
purposes.
Any resolution or resolutions authorizing any tax
anticipation bonds or any issue of tax anticipation bonds may
contain provisions, subject to any agreements with bondholders as
may then exist, which provisions shall be a part of the contract
with the holders of the bonds, as to the pledging of any or all
of
the authority's anticipated excise taxes,
contributions, and
revenues to
secure the payment of the bonds or of any issue of the
bonds; the
use and disposition of revenues of the authority; the
crediting
of the proceeds of the sale of bonds to and among the
funds
referred to or provided for in the resolution; limitations
on the
purpose to which the proceeds of sale of the bonds may be
applied
and the pledging of portions of such proceeds to secure
the
payment of the bonds or of any issue of the bonds; as to notes
issued in anticipation of the issuance of bonds, the agreement of
the authority to do all things necessary for the authorization,
issuance, and sale of such bonds in such amounts as may be
necessary for the timely retirement of such notes; limitations on
the issuance of additional bonds; the terms upon which additional
bonds may be issued and secured; the refunding of outstanding
bonds; the procedure, if any, by which the terms of any contract
with bondholders may be amended, the amount of bonds the holders
of which must consent thereto, and the manner in which such
consent may be given; securing any bonds by a trust agreement in
accordance with section 351.16 of the Revised Code; any other
matters, of like or different character, that in any way affect
the security or protection of the bonds. The excise taxes
anticipated by the bonds, including bonds anticipated by notes,
shall not be subject to diminution by initiative or referendum or
by law while the bonds or notes remain outstanding in accordance
with their terms, unless provision is made by law or by the
authority for an adequate substitute therefor reasonably
satisfactory to the trustee, if a trust agreement secures the
bonds.
Neither the members of the board of directors of the
authority nor any person executing the bonds shall be liable
personally on the bonds or be subject to any personal liability
or
accountability by reason of the issuance thereof.
Sec. 351.16. In the discretion of the convention
facilities authority, any convention facilities authority bonds
and notes issued under this chapter may be secured by a trust
agreement between the authority and a corporate trustee, which
trustee may be any trust company or bank having the powers of a
trust company within or without the state.
Any such trust agreement for convention facility authority
revenue bonds may pledge or assign revenues of the convention
facilities authority to be received and may convey or mortgage
any facility or any part of any facility. Any such trust
agreement for convention facility authority tax anticipation
bonds may pledge or assign one or both any of the excise taxes
authorized by division (B) or (C) of section 351.021 of the Revised Code
and revenues of the convention facilities authority to be
received and may convey or mortgage any facility or any part of
any facility. Any such trust agreement or any resolution
providing for the issuance of such bonds or notes may contain
such provisions for protecting and enforcing the rights and
remedies of the bondholders or noteholders as are reasonable and
proper and not in violation of law, including covenants setting
forth the duties of the authority in relation to the acquisition
of property, the construction, improvement, maintenance, repair,
operation, and insurance of the facility in connection with which
such bonds or notes are authorized, the rentals or other charges
to be imposed for the use or services of any facility, the
custody, safeguarding, and application of all moneys, and
provisions for the employment of consulting engineers in
connection with the construction or operation of such facility.
Any bank or trust company incorporated under the laws of this
state that may act as depository of the proceeds of bonds or
notes or of revenues may furnish such indemnifying bonds or may
pledge such securities as are required by the authority. Any
such trust agreement may set forth the rights and remedies of the
bondholders and noteholders and of the trustee, and may restrict
the individual right of action by bondholders and noteholders as
is customary in trust agreements or trust indentures securing
similar bonds. Such trust agreement may contain such other
provisions as the authority determines reasonable and proper for
the security of the bondholders or noteholders. All expenses
incurred in carrying out the provisions of any such trust
agreement may be treated as a part of the cost of the operation
of the facility. Any such trust agreement or resolution
authorizing the issuance of convention facilities authority bonds
or notes may provide the method whereby the general
administrative expenses of the authority shall be allocated among
facilities acquired or constructed by it as a factor of the
operation expenses of such facility.
Sec. 718.09. (A) This section applies to either of the
following:
(1) A municipal corporation that shares the same territory
as a city, local,
or exempted village school district, to the
extent that not more
than five per cent of the territory of the
municipal
corporation is located outside the school district and
not more than
five per cent of the territory of the school
district is
located outside the municipal corporation;
(2) A municipal corporation that shares the same territory
as a city, local,
or exempted village
school district, to the
extent that not more than five per cent
of the territory of the
municipal corporation is located outside
the school district, more
than five per cent but not more than ten per cent of
the territory
of the school district is located outside the municipal
corporation, and that portion of the territory of the school
district that is located outside the municipal corporation is
located entirely within another municipal corporation having a
population of four hundred thousand or more according to the
federal decennial census most recently completed before the
agreement is entered into under division
(B) of this section.
(B) Before January 1, 2001, the The legislative
authority of a
municipal corporation
to which this section applies may propose to
the electors an
income tax, one of the purposes of which shall be
to provide
financial assistance to the school district through
payment to
the district of not less than twenty-five per cent of
the revenue
generated by the tax, except that the legislative authority may not propose to levy the income tax on the incomes of nonresident individuals. Prior to proposing the tax, the
legislative authority shall negotiate and enter into a written
agreement with the board of education of the school district
specifying the tax rate, the percentage of tax revenue to be paid
to the school district, the purpose for which the school district
will use the money, the first year the tax will be levied, the
date of the special election on the question of the tax, and the
method and schedule by which the municipal corporation will make
payments to the school district. The special election shall be
held before January 1, 2001, on a day specified in
division (D) of
section 3501.01 of the
Revised Code, except that the special
election may not be held on
the day for holding a primary election
as authorized by the
municipal corporation's charter unless the
municipal corporation
is to have a primary election on that day.
After the legislative authority and board of education have
entered into the agreement, the legislative authority shall
provide for levying the tax by ordinance. The ordinance shall
state the tax rate, the percentage of tax revenue to be paid to
the school district, the purpose for which the municipal
corporation will use its share of the tax revenue, the first year
the tax will be levied, and that the question of the income tax
will be submitted to the electors of the municipal corporation.
The legislative authority also shall adopt a resolution
specifying
the regular or special election date the election will
be held and
directing the board of elections to conduct the
election. At
least seventy-five days before the date of the
election, the
legislative authority shall file certified copies
of the ordinance
and resolution with the board of elections.
(C) The board of elections shall make the necessary
arrangements for the submission of the question to the electors
of
the municipal corporation, and shall conduct the election in
the
same manner as any other municipal income tax election.
Notice of
the election shall be published in a newspaper of
general
circulation in the municipal corporation once a week for
four
consecutive weeks prior to the election, and shall include
statements of the rate and municipal corporation and school
district purposes of the income tax, the percentage of tax
revenue
that will be paid to the school district, and the first
year the
tax will be levied. The ballot shall be in the
following form:
"Shall the ordinance providing for a ..... per cent levy on
income for (brief description of the municipal corporation and
school district purposes of the levy, including a statement of
the
percentage of tax revenue that will be paid to the school
district) be passed? The income tax, if approved, will not be levied on the incomes of individuals who do not reside in (the name of the municipal corporation).
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For the income tax |
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Against the income tax |
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(D) If the question is approved by a majority of the
electors, the municipal corporation shall impose the income tax
beginning in the year specified in the ordinance. The proceeds
of
the levy may be used only for the specified purposes,
including
payment of the specified percentage to the school
district.
Sec. 718.10. (A) This section applies to a group of two
or
more municipal corporations that, taken together, share the
same
territory as a single city, local, or exempted village
school
district, to the extent that not more than five per cent
of the
territory of the municipal corporations as a group is
located
outside the school district and not more than five per
cent of the
territory of the school district is located outside
the municipal
corporations as a group.
(B) Before January 1, 2001, the The legislative
authorities of
the municipal
corporations in a group of municipal corporations to
which this
section applies each may propose to the electors an
income tax,
to be levied in concert with income taxes in the other
municipal
corporations of the group, except that a legislative authority may not propose to levy the income tax on the incomes of individuals who do not reside in the municipal corporation. One of the purposes of such
a tax
shall be to provide financial assistance to the school
district
through payment to the district of not less than
twenty-five per
cent of the revenue generated by the tax. Prior
to proposing the
taxes, the legislative authorities shall
negotiate and enter into
a written agreement with each other and
with the board of
education of the school district specifying the
tax rate, the
percentage of the tax revenue to be paid to the
school district,
the first year the tax will be levied, and the
date of the
election on the question of the tax, all of which
shall be the
same for each municipal corporation. The agreement
also shall
state the purpose for which the school district will
use the
money, and specify the method and schedule by which each
municipal corporation will make payments to the school district.
The special election shall be held before January 1,
2001, on a
day specified in division
(D) of section 3501.01 of the Revised
Code, including a day on
which all of the municipal corporations
are to have a primary
election.
After the legislative authorities and board of education
have
entered into the agreement, each legislative authority shall
provide for levying its tax by ordinance. Each ordinance shall
state the rate of the tax, the percentage of tax revenue to be
paid to the school district, the purpose for which the municipal
corporation will use its share of the tax revenue, and the first
year the tax will be levied. Each ordinance also shall state
that
the question of the income tax will be submitted to the
electors
of the municipal corporation on the same date as the
submission of
questions of an identical tax to the electors of
each of the other
municipal corporations in the group, and that
unless the electors
of all of the municipal corporations in the
group approve the tax
in their respective municipal corporations,
none of the municipal
corporations in the group shall levy the
tax. Each legislative
authority also shall adopt a resolution
specifying the regular or
special election date the election will
be held and directing the
board of elections to conduct the
election. At least seventy-five
days before the date of the
election, each legislative authority
shall file certified copies
of the ordinance and resolution with
the board of elections.
(C) For each of the municipal corporations, the board of
elections shall make the necessary arrangements for the
submission
of the question to the electors, and shall conduct the
election in
the same manner as any other municipal income tax
election. For
each of the municipal corporations, notice of the
election shall
be published in a newspaper of general circulation
in the
municipal corporation once a week for four consecutive
weeks prior
to the election. The notice shall include a
statement of the rate
and municipal corporation and school
district purposes of the
income tax, the percentage of tax
revenue that will be paid to the
school district, and the first
year the tax will be levied, and an
explanation that the tax will
not be levied unless an identical
tax is approved by the electors
of each of the other municipal
corporations in the group. The
ballot shall be in the following
form:
"Shall the ordinance providing for a ... per cent levy on
income for (brief description of the municipal corporation and
school district purposes of the levy, including a statement of
the
percentage of income tax revenue that will be paid to the
school
district) be passed? The income tax, if approved, will not be levied on the incomes of individuals who do not reside in (the name of the municipal corporation). In order for the income tax to be
levied,
the voters of (the other municipal corporations in the
group),
which are also in the (name of the school district)
school
district, must approve an identical income tax and agree
to pay
the same percentage of the tax revenue to the school
district.
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For the income tax |
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Against the income tax |
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(D) If the question is approved by a majority of the
electors and identical taxes are approved by a majority of the
electors in each of the other municipal corporations in the
group,
the municipal corporation shall impose the tax beginning
in the
year specified in the ordinance. The proceeds of the
levy may be
used only for the specified purposes, including
payment of the
specified percentage to the school district.
Sec. 731.14. All contracts made by the legislative
authority of a village shall be executed in the name of the
village and signed on its behalf by the mayor and clerk. Except
where the contract is for equipment, services, materials, or
supplies to be purchased under division (D) of section 713.23 or
section 125.04 or 5513.01 of the Revised Code or, available from a
qualified nonprofit agency pursuant to sections 4115.31 to
4115.35 of the Revised Code, or required to be purchased from a qualified nonprofit agency under sections 125.60 to 125.6012 of the Revised Code, when any expenditure, other than the
compensation of persons employed in the village, exceeds twenty-five
thousand
dollars, such contracts shall be in writing and made with the
lowest and best bidder after advertising for not less than two
nor more than four consecutive weeks in a newspaper of general
circulation within the village. The bids shall be opened and
shall be publicly read by the clerk of the village or a person
designated by the clerk at the time, date, and place
specified in the
advertisement to bidders or specifications. The time, date, and
place of bid openings may be extended to a later date by the
legislative authority of the village, provided that written or
oral notice of the change shall be given to all persons who have
received or requested specifications no later than ninety-six
hours prior to the original time and date fixed for the opening.
This section does not apply to those villages that have provided
for the appointment of a village administrator under section
735.271 of the Revised Code.
Sec. 731.141. In those villages that have established the
position of village administrator, as provided by section 735.271
of the Revised Code, the village administrator shall make
contracts, purchase supplies and materials, and provide labor for
any work under the administrator's supervision involving
not more than twenty-five thousand dollars. When an
expenditure, other than the
compensation of persons employed by the village, exceeds
twenty-five thousand dollars, the expenditure shall first be authorized
and
directed by ordinance of the legislative authority of the
village. When so authorized and directed, except where the
contract is for equipment, services, materials, or supplies to be
purchased under division (D) of section 713.23 or section 125.04
or 5513.01 of the Revised Code or, available from a qualified
nonprofit agency pursuant to sections 4115.31 to 4115.35 of the
Revised Code, or required to be purchased from a qualified nonprofit agency under sections 125.60 to 125.6012 of the Revised Code, the village administrator shall make a written
contract with the lowest and best bidder after advertisement for
not less than two nor more than four consecutive weeks in a
newspaper of general circulation within the village. The bids
shall be opened and shall be publicly read by the village
administrator or a person designated by the village
administrator at the time, date, and place as specified in the
advertisement to bidders or
specifications. The time, date, and place of bid openings may be
extended to a later date by the village administrator, provided
that written or oral notice of the change shall be given to all
persons who have received or requested specifications no later
than ninety-six hours prior to the original time and date fixed
for the opening. All contracts shall be executed in the name of
the village and signed on its behalf by the village administrator
and the clerk.
The legislative authority of a village may provide, by
ordinance, for central purchasing for all offices, departments,
divisions, boards, and commissions of the village, under the
direction of the village administrator, who shall make contracts,
purchase supplies or materials, and provide labor for any work of
the village in the manner provided by this section.
Sec. 742.59. The board of trustees of the Ohio police and
fire pension fund shall
be the trustee of the funds created as follows:
(A) The "police officers' contribution fund"
is the fund in
which shall be credited the contributions deducted from the
salaries of members of police departments and paid into the
Ohio police and fire
pension fund, as provided by
section 742.31 of the Revised Code, and that percentage of the
employers' accrued liability that is attributable to deductions
previously made from the salaries of members of the police
department who are still in the active service at the time that
portion of the employers' accrued liability is
paid. The
accumulated contributions of a member of a police department
shall be transferred at the member's retirement from the
police officers' contribution fund to the
police officers' pension reserve fund.
(B) The "firefighters' contribution fund" is
the fund in which
shall be credited contributions deducted from the salaries of
members of fire departments and paid into the Ohio police and
fire pension fund, as
provided by section
742.31 of the Revised Code, and that percentage of the employers'
accrued liability that is attributable to deductions previously
made from the salaries of members of the fire department who are
still in the active service at the time that portion of the
employers' accrued liability is paid. The accumulated
contributions of a member of a fire department shall be
transferred at the member's retirement from the
firefighters' contribution fund to the
firefighters' pension reserve fund.
(C) The "police officer employers' contribution fund"
is the
fund to which the following shall be credited:
(1) The police officer
employers' contribution, as provided
by section 742.33 of the Revised Code, and that;
(2) The percentage of the
employers' accrued liability that is attributable to the
employers' liability for prior service of members of the police
department who are still in the active service at the time that
portion of the employers' accrued liability is paid, and that
portion of the state contribution allocated to such fund, as
provided by section 742.36 of the Revised Code, shall be
credited, and in which shall be accumulated.
In the police officer employers' contribution fund shall accumulate the reserves held in
trust for the payment of all pensions or other benefits provided
by sections 742.01 to 742.61 of the Revised Code to
members of a police department retiring in the future or their qualified
beneficiaries and from which the reserves for such pensions and
other benefits shall be transferred to the police
officers' pension reserve fund.
(D) The "firefighter employers' contribution fund" is
the fund to which the following shall be credited:
(1) The firefighter employers'
contribution, as provided in
section 742.34 of the Revised Code, and that;
(2) The percentage of the
employers' accrued liability that is attributable to the
employers' liability for prior service for members of the fire
department who are still in the active service at the time that
portion of the employers' accrued liability is paid, and that
portion of the state contribution allocated to such fund, as
provided by section 742.36 of the Revised Code, shall be
credited, and in which shall be accumulated.
In the firefighter employers' contribution fund shall accumulate the reserves held in
trust for the payment of all pensions and other benefits provided
by sections 742.01 to 742.61 of the Revised Code to
members of a fire department retiring in the future or their qualified
beneficiaries and from which the reserves for such pensions and
other benefits shall be transferred to the
firefighters'
pension reserve fund.
(E) The "police officers' pension reserve
fund" is the fund
from which shall be paid all pensions and other benefits for
which reserves have been transferred from the police
officers' contribution fund
and the police officer employers' contribution fund,
and to which shall be credited that percentage of the employers'
accrued liability that is attributable to the total of deductions
previously made from the salaries of members of the police
department who are retired and are receiving pensions or other
benefits, or whose beneficiaries are receiving benefits, at the
time that portion of the employers' accrued liability is paid,
and that percentage of the employers' accrued liability that is
attributable to prior service of members of the police department
who are retired and are receiving pensions or other benefits, or
whose beneficiaries are receiving benefits, at the time that
portion of the employers' accrued liability is paid.
(F) The "firefighters' pension reserve fund"
is the fund from which shall be paid all pensions and other benefits for which
reserves have been transferred from the
firefighters' contribution
fund and the firefighter employers' contribution fund,
and to which
shall be credited that percentage of the employers' accrued
liability that is attributable to the total of deductions
previously made from the salaries of members of the fire
department who are retired and are receiving pensions or other
benefits, or whose beneficiaries are receiving benefits, at the
time that portion of the employers' accrued liability is paid,
and that percentage of the employers' accrued liability that is
attributable to prior service of members of the fire department
who are retired and are receiving pensions or other benefits, or
whose beneficiaries are receiving benefits, at the time that
portion of the employers' accrued liability is paid.
(G) The "guarantee fund" is the fund from which interest
is transferred and credited on the amounts in the funds described
in divisions (C), (D), (E), and (F) of this section, and is a
contingent fund from which the special requirements of said funds
may be paid by transfer from this fund. All income derived from
the investment of funds by the board of trustees of the Ohio
police
and fire pension fund as trustee under
section 742.11 of the Revised Code, together with all gifts and
bequests or the income therefrom, shall be paid into this fund.
Any deficit occurring in any other fund that will not be
covered by payments to that fund, as otherwise provided by
sections 742.01 to 742.61 of the Revised Code, shall be
paid by transfers of amounts from the guarantee fund to such fund or
funds. Should the amount in the guarantee fund be insufficient
at any time to meet the amounts payable therefrom, the amount of
such deficiency, with regular interest, shall be paid by an
additional employer rate of current contribution as determined by
the actuary and shall be approved by the board of trustees of the
Ohio
police and fire pension fund, and the
amount
of such additional employer contribution shall be credited to the
guarantee fund.
The board
may accept gifts and bequests. Any
funds that may come into the possession of the board in this
manner, or any other funds whose disposition is not otherwise
provided for, shall be credited to the guarantee fund.
(H) The "expense fund" is the fund from which shall be
paid the expenses for the administration and management of the
Ohio police and fire
pension
fund, as provided by
sections 742.01 to 742.61 of the Revised Code, and to
which shall be credited from the guarantee fund an amount sufficient to pay
the expenses of operation.
Sec. 901.43. (A) The director of agriculture may authorize
any
department of
agriculture laboratory to perform a laboratory
service for any
person, organization, political subdivision, state
agency, federal
agency, or other entity, whether public or
private. The director shall adopt and
enforce rules to provide
for the rendering of a laboratory service.
(B) The director may charge a reasonable fee for the
performance
of a laboratory service, except when the service is
performed on an official
sample taken by the
director acting
pursuant to Title IX, Chapter 3715., or Chapter
3717. of the
Revised Code; by a board of health acting as the
licensor of
retail food establishments or food service operations
under
Chapter 3717. of the Revised Code; or by the director of
health
acting as the licensor of food service operations under
Chapter
3717. of the Revised Code. The director of
agriculture shall
adopt rules specifying what constitutes an official
sample.
The director shall publish a list
of laboratory services
offered, together with the fee for
each service.
(C) The director may enter into a contract with any person,
organization,
political subdivision, state agency, federal agency,
or other
entity for the provision of a
laboratory service.
(D)(1) The director may adopt rules
establishing standards
for accreditation of laboratories and
laboratory services and in
doing so may adopt by reference
existing or recognized standards
or practices.
(2) The director may inspect and
accredit laboratories and
laboratory services, and may charge a
reasonable fee for the
inspections and accreditation.
(E)(1) All There is hereby created in the state treasury the animal health and food safety fund. Moneys from the following sources shall be deposited into the state treasury to the credit of the fund: all moneys collected by the director under
this
section that are from fees generated by a laboratory
service
performed by the department and related to the diseases of
animals, and all moneys so collected that are from fees generated
for the inspection and accreditation of laboratories and
laboratory services
related to the diseases of animals, shall be
deposited
in the animal industry laboratory fund, which is hereby
created
in the state treasury. The director shall use the moneys
in the
animal industry laboratory fund to
pay the expenses
necessary to operate the animal industry laboratory, including the
purchase
of supplies and
equipment.
(2) All all moneys collected
by the director under this section
that are from fees generated by a
laboratory service performed by
the consumer analytical laboratory, and all
moneys so collected
that are from fees generated for the inspection and
accreditation
of laboratories and laboratory services not related to weights
and
measures or the diseases of animals, shall
be deposited in the
laboratory services fund, which is
hereby created in the state
treasury. The director may use the moneys
held in the fund may be used to pay the
expenses necessary to operate the animal industry laboratory and the
consumer analytical laboratory,
including the purchase of supplies and
equipment.
(3)(2) All moneys collected by the director under this
section
that are from fees generated by a laboratory service
performed by
the weights and measures laboratory, and all moneys so collected
that are from fees generated for the inspection and accreditation
of
laboratories and laboratory services related to weights and
measures, shall be
deposited in the state treasury to the credit of the weights and measures
laboratory fund, which is hereby created
in the state treasury.
The moneys held in the
fund may be used to pay the expenses
necessary to operate the
division of weights and measures,
including the purchase of
supplies and equipment.
Sec. 901.44. There is hereby created in the state treasury the laboratory and administrative support fund. The department of agriculture shall deposit the following moneys received by the department to the credit of the fund: payment for the rental of the department's auditoriums by outside parties and reimbursement for related utility expenses, laboratory fees that are not designated for deposit into another fund, and other miscellaneous moneys that are not designated for deposit into another fund. The department may use moneys in the fund to pay costs associated with any program of the department as the director of agriculture sees fit.
Sec. 903.05. (A) Each application for a permit to install
or permit to operate a concentrated animal feeding facility that is submitted by an
applicant who has not
operated a concentrated animal feeding facility in this state for
at least
two of the five years immediately preceding the
submission of the application
shall be accompanied by
all of the
following:
(1) A listing of all concentrated animal feeding facilities
that
the owner or operator of the proposed new or modified
concentrated animal
feeding facility
has operated or is operating
in
this state;
(2) A listing of the concentrated animal feeding facilities
that the owner
or operator has operated or is operating elsewhere
in the United
States and that are regulated under the Federal
Water Pollution Control Act together with
a listing of the
concentrated animal feeding facilities that the owner or operator
has operated
or is operating outside
the United States;
(3) A listing of all administrative enforcement
orders
issued to the owner or operator, all civil
actions in which the
owner or operator was determined by the trier of fact to
be liable
in damages or was the subject of injunctive relief or another type
of civil relief, and all criminal actions in which the owner or
operator
pleaded guilty or was convicted, during
the five years
immediately preceding the submission of the
application,
in
connection with any violation of
the federal Water Pollution
Control
Act, the "Safe
Drinking Water Act," as defined
in section
6109.01 of the Revised Code, or any other
applicable
state laws
pertaining to environmental protection
that was alleged to
have
occurred or to be occurring at any concentrated animal
feeding
facility that the owner or operator has operated or is operating
in the United States or with any violation of the
environmental
laws of another country that was alleged to have occurred or to
be
occurring at any
concentrated animal feeding facility that the
owner or operator has operated
or is operating outside
the United
States.
The lists of concentrated animal feeding facilities operated
by
the owner or operator within or outside this state or outside
the
United States shall include,
respectively, all such
facilities
operated by the owner or operator during the five-year period
immediately preceding the submission of the application.
(B) If the applicant for
a permit to install or permit to
operate has been
involved in any prior activity involving the
operation of a concentrated an animal feeding facility, the director
of
agriculture may
deny the application if the director finds from
the
application, the information submitted under divisions (A)(1)
to (3)
of this section, pertinent information
submitted to the
director, and other pertinent information
obtained by the director
at the director's discretion that the
applicant and persons
associated with the applicant, in the
operation of concentrated
animal feeding facilities, have
a history of substantial
noncompliance with the Federal
Water Pollution Control Act, the
"Safe
Drinking Water Act," as defined
in section 6109.01 of the
Revised Code, any other
applicable
state laws pertaining to
environmental protection,
or the environmental laws of another
country that indicates that the applicant
lacks sufficient
reliability, expertise, and competence to operate the
proposed new
or modified concentrated animal feeding facility in
substantial
compliance with this chapter and rules adopted under it.
(C) A person who seeks to acquire a concentrated animal
feeding
facility that has been issued an installation permit
that
has been transferred from the director of environmental
protection
to the director of agriculture, a permit to install, or
a permit
to operate
shall submit to
the director the information specified
in divisions (A)(1) to (3) of
this
section prior to the transfer
of the permit. The permit shall not be
transferred as otherwise
provided in
division (I) of section 903.09 of the Revised Code if
the
director finds from the information submitted under divisions
(A)(1) to (3) of this section, pertinent information submitted to
the director, and other pertinent information obtained by the
director at the
director's discretion that the person, in
the
operation of concentrated animal feeding facilities, has a
history
of substantial noncompliance with the
Federal Water Pollution
Control
Act, the "Safe
Drinking Water Act," as defined
in section
6109.01 of the Revised Code, any other
applicable state laws
pertaining to environmental protection, or the
environmental laws
of another country that indicates that the person lacks
sufficient
reliability, expertise, and
competence to operate the concentrated
animal
feeding facility in substantial compliance with this
chapter and rules
adopted under it.
Sec. 905.32. (A) No person shall manufacture or distribute in this state any
type of fertilizer until a license to
manufacture or distribute has been obtained by the manufacturer or distributor
from the department of agriculture upon payment of a five dollar
fee:
(1) For each fixed (permanent) location at which fertilizer is manufactured
in this state;
(2) For each mobile unit used to manufacture fertilizer in this state;
(3) For each location out of the state from which fertilizer is distributed
in this state to nonlicensees.
All licenses expire on the thirtieth day of June of each shall be valid for one year beginning on the first day of December of a calendar year through the thirtieth day of November of the following calendar year.
A renewal application for a license shall be submitted no earlier than the
first
day
of June each year and no later than the thirtieth day of
June November
each year. A person who submits a renewal application for a license after the
thirtieth day of June November shall include with the application a late
filing
fee of ten dollars.
(B) An application for license shall include:
(1) The name and address of the licensee;
(2) The name and address of each bulk distribution point in the state, not
licensed for fertilizer manufacture and distribution.
The name and address shown on the license shall be shown on all labels,
pertinent invoices, and bulk storage for fertilizers distributed by the
licensee in this state.
(C) The licensee shall inform the director of agriculture in writing of
additional
distribution points established during the period of the license.
Sec. 905.33. (A) Except as provided in division (C) of
this section, no person shall distribute in this state a specialty
fertilizer until it is registered by the manufacturer or distributor with the
department of agriculture. An application, in duplicate, for each brand and
product name of each grade of specialty fertilizer shall be made on a form
furnished by the director of agriculture and shall be
accompanied with a fee of fifty dollars for each brand and product name of
each grade. Labels for each brand and product name of each grade shall
accompany the application. Upon the approval of an application by the
director, a copy of the registration shall be furnished the applicant. All
registrations expire on the thirtieth
day of June of each shall be valid for one year beginning on the first day of December of a calendar year through the thirtieth day of November of the following calendar year.
(B) An application for registration shall include the following:
(1) Name and address of the manufacturer or distributor;
(2) The brand and product name;
(4) The guaranteed analysis;
(5) The package sizes for persons that package fertilizers only in containers
of ten pounds or less.
(C)(1) No person who engages in the business of applying custom
mixed fertilizer to lawns, golf courses, recreation areas, or other
real property that is not used for agricultural production shall be required
to register the custom mixed fertilizer as a specialty fertilizer in
accordance with division (A) of this section if the
fertilizer ingredients of the custom mixed fertilizer are registered as
specialty fertilizers and the inspection fee described in division
(A) of section 905.36 of the Revised Code
is paid.
(2) No person who engages in the business of blending custom mixed
fertilizer for use on lawns, golf courses, recreation areas, or other real
property that is not used for
agricultural production shall be required to register the custom mixed
fertilizer as a specialty fertilizer in accordance with division (A)
of this section if the facility holds a nonagricultural production custom
mixed fertilizer blender license issued under section 905.331 of the
Revised Code.
(D) A person who engages in the business of applying or blending
custom mixed fertilizer as described in division
(C) of this section shall maintain an original
or a copy of an invoice or document of sale for all fertilizer the person
applies or distributes for one year following the date of the application or
distribution, and, upon the director's request, shall furnish the director
with the invoice or document of sale for the director's review.
Sec. 905.331. No person who engages in the business of blending a custom
mixed fertilizer for use
on lawns, golf courses, recreation areas, or other real property that is not
used for agricultural production shall fail to register a specialty fertilizer
in accordance with division (A) of section 905.33 of the
Revised Code
unless the person has obtained a an annual nonagricultural production custom mixed
fertilizer blender license from the director of agriculture.
A license issued under this section shall be valid from the first day of December of a calendar year through the thirtieth day of November of the following calendar year. A renewal application for a nonagricultural production custom mixed
fertilizer blender license shall be submitted to the director no earlier than
the first day of June each year and no later than the thirtieth day
of June November each year and shall include the name and address of the
applicant and of the premises where the blending occurs and a
one-hundred-dollar fee. A person who submits a renewal application for a
license after the thirtieth day of
June November shall include with the application a late filing fee of ten
dollars. All nonagricultural production custom mixed fertilizer blender
licenses expire on the thirtieth day of June of November each year.
A person holding a nonagricultural production custom mixed fertilizer
blender license shall pay the inspection fees described in division
(A) of section 905.36 of the Revised Code for each
product being blended.
Sec. 905.36. (A) A licensee or registrant, except
registrants who package specialty fertilizers only in containers
of ten pounds or less, shall pay the director of agriculture for
all fertilizers distributed in this state an inspection fee at
the rate of twelve twenty-five cents per ton
or thirteen twenty-eight cents per metric ton. Licensees and registrants shall specify
on an invoice
whether the per ton inspection fee has been paid or whether payment of the fee
is the responsibility of the purchaser of the fertilizer.
The payment of this inspection
fee by a licensee or registrant shall exempt all other persons
from the payment of this fee.
(B) Every licensee or registrant
shall file a semiannual statement with the director an annual tonnage report that includes the number of net
tons or metric tons of fertilizer distributed to nonlicensees or
nonregistrants
in this state by grade; packaged; bulk, dry or liquid; within
thirty days after the thirtieth day of June, and within thirty
days after the thirty-first day of December, respectively, of. The report shall be filed on or before the thirtieth day of November of
each calendar year and shall include data from the period beginning on the first day of November of the year preceding the year in which the report is due through the thirty-first day of October of the year in which the report is due. The licensee or registrant, except registrants who
package specialty fertilizers only in containers of ten pounds or less, shall
include with this statement the inspection fee at the rate stated in
division (A) of this section. For
a tonnage report that is not filed or payment of inspection fees
that is not made within ten days after due date on or before the thirtieth day of November of the applicable calendar year, a penalty of
fifty dollars or ten
per cent of the amount due,
whichever is greater, shall be assessed against the licensee or
registrant. The amount
of fees due, plus penalty, shall constitute a debt and become the
basis of a judgment against the licensee or registrant.
For tonnage reports found to be incorrect, a penalty of fifteen per cent
of the amount due shall be assessed against the licensee or registrant and
shall constitute a debt and become the basis of a judgment against the
licensee or registrant.
(C) No information furnished under this section shall be
disclosed by any employee of the department of agriculture in
such a way as to divulge the operation of any person required to
make such a report. The filing by a licensee or registrant of a
sales volume tonnage statement required by division (B) of this
section thereby grants permission to the director to verify
the same with the records of the licensee or registrant.
Sec. 905.37. (A) The director of agriculture shall may distribute
annual statements of fertilizer sales by grades of materials and mixed
fertilizer by counties, in a manner prescribed by the director.
(B) The director shall may publish at least annually a report
of the analysis
of fertilizers inspected.
(C) The director may distribute a state fertilizer usage report by grade of
materials and mixed fertilizers for each month.
Sec. 905.38. The commercial feed, fertilizer, seed, and lime inspection and
laboratory fund is hereby
created in the state treasury. All moneys collected by the
director of agriculture under sections 905.31 to 905.50
of the Revised Code, shall be deposited
into the
fund. Moneys credited
to the fund under this section and sections 905.66, 907.16, and 923.46 of the Revised Code shall be used for administering and enforcing this chapter and
Chapter Chapters 907. and 923. of the Revised Code and rules adopted under them.
Sec. 905.381. The director of agriculture shall keep accurate accounts of
all receipts and disbursements from the commercial feed, fertilizer, seed, and lime
inspection and laboratory fund, and shall prepare, and provide upon request,
an annual report classifying the receipts and disbursements as pertaining to
either feed, fertilizer, seed, or lime.
Sec. 905.50. If the director of agriculture has taken an
official sample of a fertilizer or mixed fertilizer and determined that it
constitutes mislabeled fertilizer pursuant to rules adopted under section
905.40 of the Revised Code, the person who labeled the fertilizer or
mixed fertilizer shall pay a penalty to the consumer of the mislabeled
fertilizer or, if the consumer cannot be determined with reasonable diligence
or is not available, to the director for deposit into the commercial feed,
fertilizer, seed, and lime inspection and laboratory fund created under section
905.38 of the Revised Code. The amount of the penalty shall be calculated in
accordance with
either division (A) or (B) of this section, whichever method
of calculation yields the largest amount.
(A)(1) A penalty required to be paid
under this section may be calculated as follows:
(a) Five dollars for each percentage point of
total nitrogen or phosphorus in the fertilizer that is below the percentage of
nitrogen or phosphorus guaranteed on the label, multiplied by the number of
tons of mislabeled fertilizer that have been sold to the consumer;
(b) Three dollars for each percentage point of
potash in the fertilizer that is below the percentage of potash guaranteed on
the label, multiplied by the number of tons of mislabeled fertilizer that have
been sold to the consumer.
(2) In the case of a fertilizer that contains a quantity of nitrogen,
phosphorus, or potash that is more than five percentage points below the
percentages guaranteed on the label, the penalties calculated under division
(A)(1) of this section shall be tripled.
(3) No penalty calculated under division (A) of this section
shall be less than twenty-five dollars.
(B) A penalty required to be paid under
this section may be calculated by multiplying the market value of one unit of
the mislabeled fertilizer by the number of units of the mislabeled fertilizer
that have been sold to the consumer.
(C) Upon making a
determination under this section that a person has mislabeled
fertilizer or mixed fertilizer, the director shall determine the
parties to whom the penalty imposed by this section is required
to be paid and, in accordance with division
(A) or
(B) of this section, as
applicable, shall calculate the amount of the penalty required
to be paid to each such party. After completing those
determinations and calculations, the director shall issue to the
person who allegedly mislabeled the fertilizer or mixed
fertilizer a notice of violation. The notice shall be
accompanied by an order requiring, and specifying the manner of,
payment of the penalty imposed by this section to the parties in
the amounts set forth in the determinations and calculations
required by this division. The order shall be issued in
accordance with Chapter 119. of
the Revised
Code.
No person shall violate a term or condition of an order
issued under this division.
Sec. 905.501. (A) As used in this section, "political:
(1) "Political
subdivision" means a county, township, or municipal corporation and any other
body corporate and politic that is responsible for government activities in a
geographic area smaller than that of the state.
(2) "Local legislation" includes, but is not limited to, an ordinance, resolution, regulation, rule, motion, or amendment that is enacted or adopted by a political subdivision.
(B)(1) No political subdivision shall regulate the registration, packaging, labeling, sale, storage, distribution, use, or application of
fertilizer, or require a person licensed or registered under sections 905.31
to 905.99 of the Revised Code to obtain a license or permit
to operate in a manner described in those sections, or to satisfy any other
condition except as provided by a statute or rule of this state or of the
United States.
(2) No political subdivision shall enact, adopt, or continue in effect local legislation relating to the registration, packaging, labeling, sale, storage, distribution, use, or application of fertilizers.
Sec. 905.66. All moneys collected by the director of agriculture under
sections 905.51 to 905.65 of the Revised Code shall be deposited into the
commercial feed,
fertilizer, seed, and lime inspection and laboratory fund created under
section 905.38 of the Revised Code.
The director shall prepare and provide a report concerning the fund in
accordance with section 905.381 of the Revised Code.
Sec. 907.111. (A) The department of agriculture has sole and exclusive authority to regulate the registration, labeling, sale, storage, transportation, distribution, notification of use, use, and planting of seed within the state. The regulation of seed is a matter of general statewide interest that requires uniform statewide regulation, and this chapter and rules adopted under it constitute a comprehensive plan with respect to all aspects of the regulation of seed within this state.
(B) No political subdivision shall do any of the following:
(1) Regulate the registration, labeling, sale, storage, transportation, distribution, notification of use, use, or planting of seed;
(2) Require a person who has been issued a permit or license under this chapter to obtain a permit or license to operate in a manner described in this chapter or to satisfy any other condition except as provided by a statute or rule of this state or of the United States;
(3) Require a person who has registered a legume innoculant under this chapter to register that innoculant in a manner described in this chapter or to satisfy any other condition except as provided by a statute or rule of this state or of the United States.
(C) No political subdivision shall enact, adopt, or continue in effect local legislation relating to the permitting or licensure of any person who is required to obtain a permit or license under this chapter or to the registration, labeling, sale, storage, transportation, distribution, notification of use, use, or planting of seed.
(D) As used in this section, "political subdivision" and "local legislation" have the same meanings as in section 905.501 of the Revised Code.
Sec. 907.16. All money collected by the director of agriculture under sections 907.01 to 907.17 of the Revised Code shall be deposited into the treasury of the state to the
credit of the commercial feed, fertilizer, seed, and lime inspection and laboratory fund, which is hereby created in the state treasury. Money credited to the fund shall be used to administer and enforce those sections and rules adopted under them section 905.38 of the Revised Code.
Sec. 913.02. No person, firm, or corporation shall engage
in the business of operating a cannery without obtaining a
license for the operation of each cannery from the director of
agriculture.
In order to obtain a license, an application shall be made
on a form prescribed by the director and shall be accompanied by
a fee of one two hundred dollars. The director shall thereupon cause
an investigation to be made. If the applicant is supplied with
the facilities necessary for complying with sections 913.01 to
913.05 of the Revised Code and rules adopted under them, a
license shall be issued and shall be effective until the
thirtieth day of June, and shall become invalid on that date
unless renewed. The fee for each renewal is one two hundred dollars.
License fees and renewal fees shall be deposited to the credit of
the food safety fund created in section
915.24 of
the Revised Code.
The director may suspend or revoke any license for failure
to comply with sections 913.01 to 913.05 of the Revised Code, or
any rule or order adopted under those sections. In such event,
the cannery immediately shall cease operation.
Sec. 913.23. (A) The director of agriculture may issue
licenses as required by sections 913.22 to 913.28 of the Revised
Code, may make the inspections and registrations required by
those
sections, and may prescribe the form of application to be filed
under this section.
(B) No person shall manufacture or bottle for sale within
this state any soft drink in closed containers unless the
person has a
license issued by the director. Upon receipt of an application
for such a license, the director shall examine the products and
the place of manufacture where the business is to be conducted,
to determine whether the products and place comply with sections
913.22 to 913.28 of the Revised Code. Upon finding there is
compliance, and upon payment of a license fee of one two hundred
dollars, the director shall issue a license authorizing the
applicant to manufacture or bottle for sale such soft drinks,
subject to sections 913.22 to 913.28 of the Revised Code.
The
license shall expire on the last day of March of each year unless
renewed.
(C) No soft drink that is manufactured or bottled out of
the state shall be sold or offered for sale within this state
unless the soft drink and the plant in which the soft drink is manufactured or
bottled are found by the director to comply with sections 913.22
to 913.28 of the Revised Code, and is are registered by the
director, which
shall be upon a like application as provided in division (B) of
this section.
An annual registration fee of one two hundred dollars shall be
paid to the director by each applicant under this division.
The
registration shall be renewed annually, and the registration fee
paid with the application for annual renewal.
Registration of out-of-state soft drink manufacturers or bottlers or
syrup and extract manufacturers is not required if a reciprocal
agreement is in effect whereby a soft drink manufacturer or bottler or syrup
and extract manufacturer located in this state is not subject to
a license or registration fee by another state or a political
subdivision thereof.
(D) No person, other than a manufacturer or bottler holding a soft
drink plant license under this section, shall sell, offer for
sale, use, or have in the person's possession with intent to
sell, any
soda water syrup or extract or soft drink syrup, to be used in
making, drawing, or dispensing soda water or other soft drinks,
without first registering the person's name and address, the
name and
address of the manufacturer of the syrup or extract, the number
and variety of such syrups or extracts intended to be sold, and
the trade name or brand of those products, with the director,
together with such samples of the syrups or extracts as the
director requests
for analysis. The person also shall pay to the department
of
agriculture at the time of making registration a license fee of
fifty one hundred dollars. No license shall be granted by the director
unless the director determines that the syrup or extract is
free from all
harmful drugs and other ingredients that, as used, may be
injurious to health. The registration shall be renewed
annually
upon like terms. If any manufacturer, bottler, agent, or seller is
licensed or has registered the manufacturer's, bottler's, agent's, or
seller's name and product as required
by this section and has paid the manufacturer's, bottler's, agent's, or
seller's fee, the manufacturer's, bottler's, agent's, or seller's
distributor, retail
agent, or retail seller using the products shall not be
required
to pay that fee. This section does not apply to local sellers of
soft drinks as to syrups and extracts made by themselves for
their own use exclusively.
(E) All moneys received under sections 913.22 to 913.28 of
the Revised Code shall be deposited with the treasurer of state
to the credit of the food safety fund
created in
section 915.24 of the Revised Code.
(F) The director may revoke any license or registration
issued under sections 913.22 to 913.28 of the Revised Code,
whenever the director determines that
those sections have been violated. When a license has been revoked, the
licensee shall discontinue
the manufacture and sale of soft drinks or other products for
which the license was issued. When a registration has been
revoked, the registrant shall discontinue the sale within this
state of the registrant's products until those sections have
been complied
with and a new license or registration has been issued. The
director may suspend any such license or registration
temporarily, pending compliance with such conditions required by
those sections as the director prescribes.
Sec. 915.02. No person, firm, or corporation shall operate a cold-storage
warehouse, for hire, without a license issued by the director of agriculture.
Such A license shall be issued only on written application stating the location
of such the warehouse. Upon receipt of the application the director shall cause
an examination to be made into the sanitary conditions of such the warehouse. If
it is found to be in a sanitary condition and properly equipped for the
purpose of cold storage, the director shall cause a license to be issued
authorizing the applicant to operate a warehouse. No license shall be issued
until the applicant has paid to the director the sum of one two hundred dollars.
Such A license shall be valid until the last day of March of each year and
becomes invalid on that date unless renewed. A license shall be required for
each separate warehouse building.
Sec. 915.16. The license fee for an establishment is
twenty-five fifty dollars. Any operator operating in connection with a
cold-storage warehouse holding a license under section 915.02 of
the Revised Code is not required to secure an additional license
under section 915.15 of the Revised Code so long as he the
operator continues to be licensed as a cold-storage warehouse; but
he the operator shall comply with sections 915.14 to 915.24,
inclusive, of the Revised Code, and all rules and regulations promulgated
thereunder. The
license issued shall be in such form as the department of
agriculture prescribes. Licenses shall be valid until the last
day of November following initial issuance or renewal and shall
become invalid on that date unless renewed. The original license
or a certified copy thereof shall be conspicuously displayed by
the operator in the establishment.
Sec. 915.24. (A) There is hereby created in the state
treasury the food safety fund. All of the following
moneys shall be credited to the fund:
(1) Bakery registration fees and fines received under
sections 911.02 to 911.20 of the Revised Code;
(2) Cannery license fees and renewal fees received under
sections 913.01 to 913.05 of the Revised Code;
(3) Moneys received under sections 913.22 to 913.28 of the
Revised Code;
(4) License fees, fines, and penalties recovered for the
violation of sections 915.01 to 915.12 of the Revised Code;
(5) License fees collected under sections 915.14 to 915.23
of the Revised Code;
(6) License fees, other fees, and fines collected by or for the director
of agriculture under
Chapter 3717. of the Revised Code;
(7) Fees collected under section 3715.04 of the Revised Code for the issuance of certificates of health and freesale.
(B) The director of agriculture shall use the moneys
deposited into the food safety fund to
administer
and enforce the laws pursuant to which the moneys were collected.
Sec. 921.02. (A)
No person shall distribute a pesticide
within
this state
unless the
pesticide is registered with the
director of
agriculture
under this
chapter.
Registrations shall
be issued for a period of
time
established by
rule and shall be
renewed in accordance with
deadlines
established
by rule.
Registration is not required if a
pesticide is
shipped
from one
plant or warehouse to another plant
or warehouse operated
by the
same person and used solely at that
plant or warehouse as a
constituent part to make a pesticide that
is registered
under
this chapter, or if the pesticide
is
distributed under the
provisions of an experimental use permit
issued under section
921.03 of the Revised Code or an experimental
use permit issued
by
the United States environmental protection
agency.
(B) The applicant for registration of a pesticide shall
file
a statement with the director on a form provided by the
director,
which shall include all of the following:
(1) The name and address of the applicant and the name and
address of the person whose name will appear on the label, if
other than the applicant's name;
(2) The brand and product name of the pesticide;
(3) Any necessary information required for completion of
the
department of agriculture's application for registration,
including the
agency registration number;
(4) A complete copy of the labeling accompanying the
pesticide and a statement of all claims to be made for it,
including the directions for use and the use classification as
provided for in the federal act.
(C) The director, when the director considers it necessary
in the
administration of
this chapter, may require
the submission
of the
complete
formula of any
pesticide including the active and
inert
ingredients.
(D) The director may require a full description of the
tests
made and the results thereof upon which the claims are
based for
any pesticide. The director shall not consider any data submitted
in support of an
application, without permission of the applicant,
in support of any other application
for registration unless the
other applicant first has
offered to pay reasonable compensation
for producing the test
data to be relied upon and the data are not
protected from
disclosure by section 921.04 of the Revised Code.
In the case of
a renewal of registration, a statement shall be
required only
with respect to information that is different from
that
furnished when the pesticide was registered or last
registered.
(E) The director may require any other information to be
submitted with an application.
Any applicant may designate any portion of the required
registration information as a trade secret or confidential
business information. Upon receipt of any required registration
information designated as a trade secret or confidential business
information, the director shall consider the designated
information as confidential and shall not reveal or cause to be
revealed any such designated information without the consent of
the applicants, except to persons directly involved in the
registration process described in this section or as required by
law.
(F) Each Beginning January 1, 2007, each applicant shall pay a registration and
inspection
fee
established by rule of one hundred fifty dollars for each product
name and
brand
registered for the company whose name appears on
the label. If
an
applicant files for a renewal of
registration
after the deadline
established by rule, the
applicant shall pay a
penalty fee
established by rule of seventy-five dollars for each
product name and
brand
registered for
the applicant. The penalty
fee shall be
added to
the original fee
and paid before the renewal
registration is
issued. In addition
to any other remedy
available
under
this chapter,
if a pesticide
that is not
registered pursuant
to this section is
distributed
within this
state, the person
required to register the
pesticide
shall do so
and shall pay a
penalty fee
established by rule of seventy-five dollars for
each
product name and brand
registered for the applicant. The
penalty
fee shall be added to
the original fee of one hundred fifty dollars and paid before the
registration is issued.
(G) Provided that the state is
authorized by the
administrator
of the United States environmental protection agency
to register
pesticides to meet special local needs, the director
shall
require the information set forth under divisions (B), (C),
(D),
and (E) of this section and shall register any such pesticide
after determining that all of the following conditions
are met:
(1) Its composition is such as to warrant the proposed
claims for it.
(2) Its labeling and other material required to be
submitted
comply with the requirements of the federal act and of
this
chapter, and rules
adopted
thereunder.
(3) It will perform its intended function without
unreasonable adverse effects on the environment.
(4) When used in accordance with widespread and commonly
recognized practice, it will not generally cause unreasonable
adverse effects on the environment.
(5) The classification for general or restricted use is in
conformity with the federal act.
The director shall not make any lack of essentiality a
criterion for denying the registration of any pesticide. When two
pesticides meet the requirements of
division
(G) of this
section,
the
director
shall not
register one in preference to the
other.
(H)(1) The director may refuse to register a pesticide if
the application for registration fails to comply with this
section.
(2) The director may suspend or revoke a pesticide
registration after a hearing in accordance with Chapter 119. of
the Revised Code for a pesticide that fails to meet the claims
made for it on its label.
(3) The director may immediately suspend a pesticide
registration, prior to a hearing, when the director believes that
the pesticide poses an immediate hazard to human or animal health
or a hazard to the environment. Not later than fifteen days after
suspending the registration, the director shall determine whether
the pesticide poses such a hazard. If the director determines
that no hazard exists, the director shall lift the suspension of
the registration. If the director determines that a hazard
exists, the director shall revoke the registration in accordance
with Chapter 119. of the Revised Code.
Sec. 921.16. (A) The director of agriculture shall adopt
rules the director determines necessary for the effective
enforcement and
administration of
this chapter.
The rules may
relate to, but are not
limited to, the
time, place, manner, and
methods
of application,
materials, and
amounts and concentrations
of
application of
pesticides, may
restrict or prohibit the use of
pesticides in
designated areas
during specified periods of time,
and shall
encompass all
reasonable factors that the director
determines
necessary to
minimize or prevent damage to the
environment. In
addition, the
rules shall establish the
fees,
deadlines, and time
periods for
registration, registration
renewal, late
registration renewal, and failure to register under
section
921.02
of the
Revised Code; the fees for registration, registration renewal, late registration renewal, and failure to register under section 921.02 of the Revised Code that shall apply until the fees that are established under that section take effect on January 1, 2007;
and the
fees, deadlines, and
time
periods for
licensure and
license renewal under
sections
921.06,
921.09,
921.11, and 921.13 of the Revised
Code. The
aggregate amount of the fees that initially
are established by
rule after the effective date of this amendment shall be designed
to cover, but not exceed, the costs incurred by
the department of
agriculture in administering this chapter.
Thereafter, the fees
shall not be increased without the approval
of the general
assembly.
(B) The director shall adopt rules that establish a schedule
of
civil penalties for violations of
this chapter, or any rule or
order adopted or
issued under
it, provided that the civil penalty
for a first
violation shall not exceed five thousand dollars and
the civil
penalty for each subsequent violation shall not exceed
ten
thousand dollars. In determining the amount of a civil
penalty
for a violation, the director shall consider factors
relevant to
the severity of the violation, including past
violations and the
amount of actual or potential damage to the
environment or to
human beings.
(C) The director shall adopt rules that set forth the
conditions under
which the director:
(1) Requires that notice or posting be given of a proposed
application of a pesticide;
(2)
Requires inspection, condemnation, or repair of
equipment
used to apply a pesticide;
(3) Will suspend, revoke, or refuse to issue any
pesticide
registration for a violation of
this chapter;
(4) Requires safe handling, transportation, storage,
display, distribution, and disposal of pesticides and their
containers;
(5) Ensures the protection of the health and safety of
agricultural workers
storing, handling, or applying pesticides,
and all residents of
agricultural labor camps, as that term is
defined in section
3733.41 of the Revised Code, who are living or
working in the
vicinity of pesticide-treated areas;
(6) Requires a record to be kept of all pesticide
applications made by each
commercial applicator
and by any
trained
serviceperson acting under the commercial applicator's
direct
supervision and of all restricted
use pesticide
applications made
by each
private
applicator
and by any immediate
family
member or subordinate employee of that private applicator
who is
acting under the private applicator's direct supervision as
required under section
921.14 of the Revised Code;
(7) Determines
the pesticide-use categories of
diagnostic
inspections that must be
conducted by a commercial applicator;
(8) Requires a record to be kept of all diagnostic
inspections
conducted by
each commercial applicator
and by any
trained service
person.
(D)
The director shall prescribe standards for the
licensure
of
applicators of pesticides consistent
with those
prescribed by
the federal act
and the regulations
adopted
under it or prescribe
standards that are more
restrictive than those prescribed by the
federal act and the
regulations adopted under it. The standards
may relate to the use
of
a
pesticide or
to an individual's
pesticide-use category.
The director shall take into consideration standards of the
United States
environmental protection agency.
(E) The director may adopt rules setting forth the
conditions under
which the director will:
(1) Collect and examine samples of pesticides or devices;
(2) Specify classes of devices that shall be subject to
this chapter;
(3) Prescribe other necessary registration information.
(F) The director may adopt rules
that do either
or both of
the following:
(1) Designate, in
addition
to those
restricted uses so
classified by the
administrator of the
United States environmental
protection
agency, restricted uses of
pesticides
for the state or
for
designated areas within the state
and, if
the director
considers
it necessary, to further restrict
such use;
(2) Define what constitutes "acting under the instructions
and control of a commercial applicator" as used in the definition
of "direct supervision" in division (Q)(1) of section 921.01 of
the Revised Code. In adopting a rule under division (F)(2) of
this section, the director shall consider the factors associated
with the use of pesticide in the various pesticide-use categories.
Based on consideration of the factors, the director may define
"acting under the instructions and control of a commercial
applicator" to include communications between a commercial
applicator and a trained serviceperson that are conducted via
landline telephone or a means of wireless communication. Any
rules adopted under division (F)(2) of this section shall be
drafted in consultation with representatives of the pesticide
industry.
(G)
Except as provided in division (D) of this section,
the
director shall not adopt any rule under
this chapter that
is
inconsistent with the
requirements of the federal act and
regulations
adopted thereunder.
(H) The director, after notice and opportunity for
hearing,
may declare as a pest any form of plant or
animal life,
other than
human beings and other than
bacteria, viruses, and
other
microorganisms on or in living human beings or other
living
animals,
that is injurious to health or the environment.
(I) The director may make reports to the
United States
environmental
protection agency, in the form and containing the
information the
agency may require.
(J) The director shall adopt rules for the
application,
use, storage, and
disposal of pesticides if, in the director's
judgment,
existing programs of the United
States environmental
protection agency necessitate such rules or pesticide
labels do
not sufficiently address issues or situations identified by the
department of agriculture or interested state agencies.
(K)
The director shall adopt rules establishing all of the
following:
(1) Standards, requirements, and procedures for the
examination and re-examination of commercial applicators and
private applicators;
(2) With respect to training programs that the director may
require commercial applicators and private applicators to
complete:
(a) Standards and requirements that a training program must
satisfy in order to be offered by the director or the director's
representative or in order to be approved by the director if a
third party wishes to offer it;
(b) Eligibility standards and requirements that must be
satisfied by third parties who wish to provide the training
programs;
(c) Procedures that third parties must follow in order to
submit a proposed training program to the director for approval;
(d) Criteria that the director must consider when
determining
whether to authorize a commercial applicator or
private applicator
to participate in a training program instead of
being required to
pass a re-examination.
(3) Training
requirements for a trained serviceperson.
(L) The director shall adopt all rules under
this chapter in
accordance
with
Chapter 119. of
the Revised Code.
Sec. 923.44. (A)(1) Except as otherwise provided in
divisions (A)(2), (3), and (4) of this section, the first
distributor of a commercial feed shall pay the director of
agriculture a semiannual inspection fee at the rate of ten twenty-five cents
per ton, with a minimum payment of ten twenty-five dollars, on all commercial
feeds distributed by him the first distributor in this state.
(2) The semiannual inspection fee required under division
(A)(1) of this section shall not be paid by the first distributor
of a commercial feed if the distribution is made to an exempt
buyer who shall be responsible for the fee. The director shall
establish an exempt list consisting of those buyers who are
responsible for the fee.
(3) The semiannual inspection fee shall not be paid on a
commercial feed if the fee has been paid by a previous
distributor.
(4) The semiannual inspection fee shall not be paid on
customer-formula feed if the fee has been paid on the commercial
feeds which that are used as components in that customer-formula feed.
(B) Each distributor or exempt buyer who is required to
pay a fee under division (A)(1) or (2) of this section shall file
a semiannual statement with the director that includes the number
of net tons of commercial feed distributed by him the distributor or
exempt buyer in this state, within thirty days after the thirtieth day of
June and within thirty days after the thirty-first day of December,
respectively, of each calendar year.
The inspection fee at the rate stated in division (A)(1) of
this section shall accompany the statement. For a tonnage report
that is not filed or payment of inspection fees that is not made
within fifteen days after the due date, a penalty of ten per cent
of the amount due, with a minimum penalty of fifty dollars shall
be assessed against the distributor or exempt buyer. The amount
of fees due, plus penalty, shall constitute a debt and become the
basis of a judgment against the distributor or exempt buyer.
(C) No information furnished under this section shall be
disclosed by an employee of the department of agriculture in such
a way as to divulge the operation of any person required to make
such a report.
Sec. 923.45. The director of agriculture shall may publish at least annually in
such form as he the director considers proper:
(A) Information concerning the sale of commercial feed, including any
production and use data he the director considers advisable,
provided that the data does not disclose the operation of any manufacturer or
distributor;
(B) A comparison of the analyses of official samples of commercial feeds
distributed in this state with the guaranteed analyses on the label.
Sec. 923.46. All moneys collected by the director of agriculture under
sections 923.41 to 923.55 of the Revised Code shall be deposited into the
state treasury to the credit of the commercial feed, fertilizer, seed, and
lime inspection and laboratory fund created in
section 905.38 of the Revised Code. Money credited to the fund shall be used
only for
administering and enforcing this chapter and Chapter 905. of the Revised Code
and rules adopted under them.
The director shall prepare and provide a report concerning the fund in
accordance with section 905.381 of the Revised Code.
Sec. 926.01. As used in this chapter:
(A) "Agricultural commodity" means barley, corn, oats,
rye, grain sorghum, soybeans, wheat, sunflower, speltz, or
any
other agricultural crop which that the director of agriculture may
designate by rule. "Agricultural commodity" does not mean any
grain that is purchased for sale as seed.
(B) "Agricultural commodity handling" or "handling" means any of the following:
(1) Engaging in or participating in the business of
purchasing an from producers agricultural commodity for sale, resale,
processing, or commodities for any other use in the following volumes:
(a) In the case of purchases made from producers, more than excess of
thirty thousand bushels annually;
(b) In the case of purchases made
from agricultural commodity handlers, more than one hundred
thousand bushels annually;
(c) In the case of total purchases
made from producers combined with total purchases made from
handlers, more than one hundred thousand bushels
annually.
(2) Operating a warehouse as a bailee for the receiving,
storing, shipping, or conditioning of an agricultural commodity;
(3) Receiving into a warehouse an agricultural commodity
purchased under a delayed price agreement;
(4) Providing marketing functions, including storage,
delayed price marketing, deferred payment, feed agreements, or
any other marketing transaction whereby control is exerted over
the monetary proceeds of a producer's agricultural commodities
by a person other than the producer.
(C) "Agricultural commodity handler" or "handler" means
any person who is engaged in the business of agricultural
commodity handling. "Agricultural commodity handler" or
"handler" does not include a person who does not handle agricultural
commodities as a
bailee and who purchases agricultural commodities in the
following volumes:
(1) Thirty thousand or fewer bushels annually from producers;
(2) One hundred thousand or fewer bushels annually from agricultural
commodity handlers.
A person who does not handle agricultural commodities
as a bailee and who annually purchases thirty thousand or fewer
bushels of agricultural commodities from producers and one
hundred thousand or fewer bushels of agricultural commodities
from agricultural commodity handlers shall be considered to be
an agricultural commodity handler if the combined annual volume
of purchases from the producers and the agricultural commodity
handlers exceeds one hundred thousand bushels.
(1) Any person who delivers an agricultural commodity to a
licensed handler for storage, conditioning, shipment, or sale;
(2) Any owner or legal holder of a ticket or receipt
issued for an agricultural commodity who is a creditor of the
licensed handler for the value of the agricultural commodity;
(3) Any licensed handler storing an agricultural commodity
that the licensed handler owns solely, jointly, or in common
with others in a
warehouse owned or controlled by the licensed handler or any
other licensed
handler.
(E) "Receipt" means a warehouse receipt issued by a
licensed handler.
(F) "Nonnegotiable receipt" means a receipt on which it is
stated that the agricultural commodity received will be delivered
to the depositor or to the order of any other person named in the
receipt.
(G) "Negotiable receipt" means a receipt on which it is
stated that the agricultural commodity received will be delivered
to the bearer or to the order of any person named in the receipt.
(H) "Ticket" means a scale weight ticket, a load slip, or
any evidence, other than a receipt, given to a depositor by a
licensed handler upon delivery of an agricultural commodity to
the handler.
(I) "Warehouse" means any building, bin, protected
enclosure, or similar premises under the control of a licensed or
unlicensed handler used for receiving, storing, shipping, or
handling an agricultural commodity.
(J) "Storage" means the deposit of an agricultural
commodity into a warehouse either for the account of the licensed
handler operating the warehouse or for the account of a
depositor.
(K) "Producer" means any person who grows an agricultural
commodity on land that the person owns or leases.
(L) "Agent" means any person, other than a producer, who
delivers an agricultural commodity to a licensed handler, either
for sale or for storage, for the account of the producer.
(M) "Agricultural commodity tester" or "tester" means a
person who operates a moisture meter and other quality testing
devices to determine the quality of an agricultural commodity.
(N) "Federally licensed grain inspector" means a person
who is licensed by the United States department of agriculture
under the "United States Grain Standards Act," 39 Stat. 482
(1916), 7 U.S.C. 71, as amended, to test and grade grain, as
"grain" is defined in that act.
(O) "Bailee" means a person to whom an agricultural
commodity is delivered in trust for storage in a warehouse with
title remaining in the name of the depositor.
(P) "Bailor" means a person who delivers an agricultural
commodity to a bailee in trust for storage in a warehouse with
title remaining in the name of the depositor.
(Q) "Bailment agreement" means a bailor-bailee agreement
between a depositor and a licensed handler as stated in the terms
of a receipt that is issued for an agricultural commodity in
storage and subject to the requirements of this chapter governing
the use of a receipt.
(R) "Delayed price agreement" means a written executory
contract executed by and between a licensed handler and a
depositor that covers the sale and transfer of title of an
agricultural commodity and states in its written terms the
service charges and the method for pricing the commodity at a
later date.
(S) "Delayed price marketing" means the sale and transfer
of title of an agricultural commodity with the price to be
established at a later date according to the terms of a delayed
price agreement.
(T) "Deferred payment"
means the deferral of payment to a depositor by a licensed
handler for an agricultural commodity to which the licensed
handler has taken title, for the purpose of deferring income of
the depositor from one tax year to another.
(U) "Feed agreement"
means a written contract executed by and between a licensed
handler and a producer or depositor who delivers an agricultural
commodity to the licensed handler for storage whereby each of the following
applies:
(1) The producer or depositor transfers title to the
agricultural commodity to the licensed handler in exchange for a
nominal sum;
(2) The producer, upon delivery of the agricultural
commodity to the licensed handler, becomes a creditor of the
licensed handler due to the lien that arises under section
926.021 of the Revised
Code;
(3) All or part of the agricultural commodity is
returned to the producer at a later date and used for feed
purposes.
(V) Notwithstanding
section 1.02 of the Revised
Code, "and" shall not be read
"or" and "or" shall not be read "and."
Sec. 927.69. To effect the purpose of sections 927.51 to 927.74
of the Revised Code, the director of agriculture or the director's authorized
representative may:
(A) Make reasonable inspection of any premises in this state and any property
therein or thereon;
(B) Stop and inspect in a reasonable manner, any means of conveyance moving
within this state upon probable cause to believe it contains or carries any
pest, host, commodity, or other article that is subject to sections 927.51 to
927.72 of the Revised Code;
(C) Conduct inspections of agricultural products that are required by other states, the United States department of agriculture, other federal agencies, or foreign countries to determine whether the products are infested. If, upon making such an inspection, the director or the director's authorized representative determines that an agricultural product is not infested, the director or the director's authorized representative may issue a certificate, as required by other states, the United States department of agriculture, other federal agencies, or foreign countries, indicating that the product is not infested.
If the director charges fees for any of the certificates, agreements, or inspections specified in this section, the fees shall be as follows:
(1) Phyto sanitary certificates, twenty-five dollars;
(2) Compliance agreements, twenty dollars;
(3) Solid wood packing certificates, twenty dollars;
(4) Agricultural products and their conveyances inspections, sixty-five dollars an amount equal to the hourly rate of pay in the highest step in the pay range, including fringe benefits, of a plant pest control specialist multiplied by the number of hours worked by such a specialist in conducting an inspection.
The director may adopt rules under section 927.52 of the Revised Code that define the certificates, agreements, and inspections.
The fees shall be deposited into the state treasury to the credit of the pesticide program fund created in Chapter 921. of the Revised Code. Money credited to the fund shall be used to pay the costs incurred by the department of agriculture in administering this chapter, including employing a minimum of two additional inspectors.
Sec. 1111.04. (A) Prior to soliciting or engaging in trust
business in this state, a trust company shall pledge to the treasurer of state
interest bearing securities authorized in division (B) of this
section, having a par value, not including unaccrued interest, of one hundred
thousand dollars, and approved by the superintendent of financial
institutions. The trust company may pledge the securities either by delivery
to the treasurer of state or by placing the securities with a qualified
trustee for safekeeping to the account of the treasurer of state, the
corporate fiduciary, and any other person having an interest in the securities
under Chapter 1109. of the Revised Code, as their respective interests may appear
and be asserted by written notice to or demand upon the qualified trustee or
by order of judgment of a court.
(B) Securities pledged by a trust company to satisfy the
requirements of division (A) of this section shall be one or more of
the following:
(1) Bonds, notes, or other obligations of or guaranteed by the
United States or for which the full faith and credit of the
United States is pledged for the payment of principal and
interest;
(2) Bonds, notes, debentures, or other obligations or securities issued by
any agency or instrumentality of the United States;
(3) General obligations of this or any other state of the United
States or any subdivision of this or any other state of the
United States.
(C) The treasurer of state shall accept delivery of securities
pursuant to this section when accompanied by the superintendent's approval of
the securities or the written receipt of a qualified trustee describing the
securities and showing the superintendent's approval of the securities, and
shall issue a written acknowledgment of the delivery of the securities or the
qualified trustee's receipt and the superintendent's approval to the trust
company.
(D) The superintendent shall approve securities to be pledged by
a trust company pursuant to this section if the securities are all of the
following:
(1) Interest bearing and of the value required by division (A) of
this section;
(2) Of one or more of the kinds authorized by division (B) of
this section and not a derivative of or merely
an interest in any of those securities;
(E) The treasurer of state shall, with the approval of the
superintendent, permit a trust company to pledge securities in substitution
for securities pledged pursuant to this section and the withdrawal of the
securities substituted for so long as the securities remaining pledged satisfy
the requirements of division (A) of this section. The treasurer of
state shall permit a trust company to collect interest paid on securities
pledged pursuant to this section so long as the trust company is solvent. The
treasurer of state shall, with the approval of the superintendent, permit a
trust company to withdraw securities pledged pursuant to this section when the
trust company has ceased to solicit or engage in trust business in this state.
(F) For purposes of this section, a qualified trustee is a
federal reserve bank located in this state, a branch of a federal reserve bank
located in this state regardless of where the branch is located, a federal home loan bank, or a trust
company as defined in section 1101.01 of the Revised Code,
except a trust company may not act
as a qualified trustee for securities it or any
of its affiliates is pledging pursuant to this section.
(G) The superintendent, with the approval of the treasurer of
state and the attorney general, shall prescribe the form of all receipts and
acknowledgments provided for by this section, and upon request shall furnish a
copy of each form, with the superintendent's certification attached, to each
qualified trustee eligible to hold securities for safekeeping under this
section.
Sec. 1327.511. All money collected under section 1327.50 of the Revised Code
for services rendered by the department of agriculture in operating the type
evaluation program shall be deposited in the state treasury to the credit of
the metrology and scale certification fund, which is hereby created. Money credited to the
fund shall be used to pay operating costs incurred by the department in
administering the program.
Sec. 1502.02. (A) There is hereby created in the
department of natural resources the division of recycling and litter
prevention to be headed by the chief of recycling and litter prevention.
(B) There is hereby created in the state treasury the
recycling and litter prevention fund, consisting of moneys
distributed to it from fees, including the fee levied under division (A)(2) of section 3714.073 of the Revised Code, gifts, donations, grants, reimbursements, and other sources, including investment earnings.
(C) The chief of recycling and litter prevention shall do all of the
following:
(1) Use moneys credited to the fund exclusively for the
purposes set forth in sections 1502.03, 1502.04, and 1502.05 of
the Revised Code, with particular emphasis on programs relating
to recycling;
(2) Expend for administration of the division not more than ten per cent of
any fiscal year's
appropriation to the division, excluding the amount assessed to
the division for direct and indirect central support charges;
(3) Require recipients of grants under section 1502.05 of
the Revised Code, as a condition of receiving and retaining them,
to do all of the following:
(a) Create a separate account for the grants and any cash
donations received that qualify for the donor credit allowed by
section 5733.064 of the Revised Code;
(b) Make expenditures from the account exclusively for the
purposes for which the grants were received;
(c) Use any auditing and accounting practices the
chief considers necessary regarding the account;
(d) Report to the chief information regarding the amount
and donor of cash donations received as described by section
5733.064 of the Revised Code;
(e) Use grants received to supplement and not to replace
any existing funding for such purposes.
(4) Report to the tax commissioner information the chief receives
pursuant to division (C)(3)(d) of this section.
Sec. 1509.06. (A) An application for a permit to drill a new
well, drill an existing well deeper, reopen a well, convert a
well
to any use other than its original purpose, or plug back a
well to
a different source of supply shall be filed with the
chief of the
division of mineral resources
management upon such form as the
chief
prescribes and shall contain each of the following that is
applicable:
(A)(1) The name and address of the owner and, if a
corporation,
the name and address of the statutory agent;
(B)(2) The signature of the owner or the owner's authorized
agent.
When an authorized agent signs an application, it shall be
accompanied by a certified copy of the appointment as such
agent.
(C)(3) The names and addresses of all persons holding the
royalty interest in the tract upon which the well is located or
is
to be drilled or within a proposed drilling unit;
(D)(4) The location of the tract or drilling unit on which
the
well is located or is to be drilled identified by section or
lot
number, city, village, township, and county;
(E)(5) Designation of the well by name and number;
(F)(6) The geological formation to be tested or used and the
proposed total depth of the well;
(G)(7) The type of drilling equipment to be used;
(H)(8) If the well is for the injection of a liquid, identity
of the geological formation to be used as the injection zone and
the composition of the liquid to be injected;
(I)(9) For an application for a permit to drill a new well, a sworn statement that the applicant has provided notice of the application to the owner of each occupied dwelling unit that is located within five hundred feet of the surface location of the well if the surface location will be less than five hundred feet from the boundary of the drilling unit and more than fifteen occupied dwelling units are located less than five hundred feet from the surface location of the well, excluding any dwelling that is located on real property all or any portion of which is included in the drilling unit. The notice shall contain a statement that an application has been filed with the division of mineral resources management, identify the name of the applicant and the proposed well location, include the name and address of the division, and contain a statement that comments regarding the application may be sent to the division. The notice may be provided by hand delivery or regular mail. The identity of the owners of occupied dwelling units shall be determined using the tax records of the municipal corporation or county in which the dwelling unit is located as of the date of the notice.
(J)(10) A plan for restoration of the land surface disturbed
by
drilling operations. The plan shall provide for compliance
with
the restoration requirements of division (A) of section
1509.072
of the Revised Code and any rules adopted by the chief
pertaining
to that restoration.
(K)(11) A description by name or number of the county,
township,
and municipal corporation roads, streets, and highways
that the
applicant anticipates will be used for access to and
egress from
the well site;
(L)(12) Such other relevant information as the chief
prescribes
by rule.
Each application shall be accompanied by a map, on a scale
not smaller than four hundred feet to the inch, prepared by an
Ohio registered surveyor, showing the location of the well and
containing such other data as may be prescribed by the chief. If
the well is or is to be located within the excavations and
workings of a mine, the map also shall include the location of
the
mine, the name of the mine, and the name of the person
operating
the mine.
(B) The chief shall cause a copy of the weekly circular
prepared
by the division to be provided to the
county engineer of each
county that contains active or proposed
drilling activity. The
weekly circular shall contain, in the
manner prescribed by the
chief, the names of all applicants for
permits, the location of
each well or proposed well, the
information required by division
(K)(A)(11) of this section, and
any
additional information the chief
prescribes. In addition, the chief promptly shall transfer an electronic copy or facsimile, or if those methods are not available to a municipal corporation or township, a copy via regular mail, of a drilling permit application to the clerk of the legislative authority of the municipal corporation or to the clerk of the township in which the well or proposed well is or is to be located if the legislative authority of the municipal corporation or the board of township trustees has asked to receive copies of such applications and the appropriate clerk has provided the chief an accurate, current electronic mailing address or facsimile number, as applicable.
(C) The chief shall not
issue a permit for at least ten days
after the date of filing of
the application for the permit unless,
upon reasonable cause
shown, the chief waives that period or a
request for
expedited review is
filed under this section.
However,
the chief shall issue a
permit within twenty-one days of
the
filing of the application
unless the chief denies the
application
by order.
(D) An applicant may file a request with the chief for
expedited
review of a permit application if the well is not
or
is not to be
located in a gas storage reservoir or reservoir
protective area,
as "reservoir protective area" is defined in
section 1571.01 of
the Revised Code. If the well is or is to be
located in a coal
bearing township, the application shall be
accompanied by the
affidavit of the landowner prescribed in
section 1509.08 of the
Revised Code.
In addition to a complete application for a permit that meets
the
requirements of this section and the permit fee prescribed by
this section, a
request for expedited review shall be accompanied
by a separate nonrefundable
filing
fee of five hundred dollars.
Upon the filing of a request for
expedited review, the chief shall
cause the county engineer of the county in
which the well
is or is
to be located to be notified of the filing of the permit
application and the request for expedited review by telephone or
other means that in the judgment of the chief
will provide
timely
notice of the application and request. The
chief shall issue a
permit within seven days of the filing of the
request unless the
chief denies the application by order.
Notwithstanding the
provisions of this section governing
expedited review of permit
applications, the chief may refuse to
accept requests for
expedited review if, in the chief's
judgment, the
acceptance of
the requests would prevent the issuance, within
twenty-one days of
their filing, of permits for which
applications are pending.
(E) A well shall be drilled and operated in accordance with the
plans, sworn statements, and other information submitted in the
approved application.
(F) The chief shall issue an order denying a permit if the
chief
finds that there is a substantial risk that the operation
will
result in violations of this chapter or rules adopted
under it
that will present an imminent danger to
public health
or safety or
damage to the environment, provided that where the
chief finds
that terms or conditions to the permit can reasonably
be expected
to prevent such violations, the chief shall issue the
permit
subject to those terms or conditions, including, if applicable, terms and conditions regarding subjects identified in rules adopted under section 1509.03 of the Revised Code.
(G) Each application for a permit required by section 1509.05
of
the Revised Code, except an application to plug back an existing well that is required by that section and an application for a well drilled or
reopened for purposes of section 1509.22 of the Revised Code,
also
shall be accompanied by a nonrefundable fee of two as follows:
(1) Two hundred
fifty
dollars for a permit to conduct activities in a township with a population of fewer than five thousand;
(2) Five hundred dollars for a permit to conduct activities in a township with a population of five thousand or more, but fewer than ten thousand;
(3) Seven hundred fifty dollars for a permit to conduct activities in a township with a population of ten thousand or more, but fewer than fifteen thousand;
(4) One thousand dollars for a permit to conduct activities in either of the following:
(a) A township with a population of fifteen thousand or more;
(b) A municipal corporation regardless of population.
For purposes of calculating fee amounts, populations shall be determined using the most recent federal decennial census.
Each application for the revision or reissuance of a permit shall be accompanied by a nonrefundable fee of two hundred fifty dollars.
(H) The chief may order the immediate suspension of drilling,
operating, or plugging activities after finding that
any person is
causing, engaging in, or maintaining a condition or activity
that
in the chief's judgment presents an
imminent danger to
public
health or safety or results in or is likely to result in
immediate
substantial damage to natural resources or for
nonpayment of the a
fee required by this section. The chief may
order the immediate
suspension of the drilling or reopening of a
well in a coal
bearing
township after determining that the drilling or reopening
activities present
an imminent and substantial threat to public
health or safety or to miners'
health or safety. Before issuing
any
such order, the chief shall notify the owner in such manner as
in
the chief's judgment would provide reasonable notification that
the chief intends to issue a suspension order. The chief may
issue such
an order without prior notification if reasonable
attempts to
notify the owner have failed, but in such an event
notification
shall be given as soon thereafter as practical.
Within five
calendar days after the issuance of the order, the
chief shall
provide the owner an opportunity to be heard and to
present
evidence that the condition or activity is not likely to
result
in immediate substantial damage to natural resources or
does not
present an imminent danger to public health or safety or
to miners' health
or safety, if applicable.
In the case of
activities in a coal bearing township, if the chief, after
considering evidence presented by the owner, determines that the
activities do
not present such a threat, the chief shall revoke
the suspension
order. Notwithstanding any provision of this
chapter, the owner
may
appeal a suspension order directly to the
court of common
pleas of the
county in which the activity is
located or, if in a coal bearing township,
to the
reclamation
commission under section 1513.13 of the Revised
Code.
Sec. 1509.072. No oil or gas well owner or agent of an oil or
gas well owner shall fail to restore the land surface within the area
disturbed in siting, drilling, completing, and producing the well as required
in this section.
(A) Within five months after the date upon which the
surface drilling of a well is commenced, the owner or the
owner's agent, in accordance with the
restoration
plan filed under
division (J)(A)(10) of section 1509.06 of the Revised Code,
shall fill all the
pits for containing brine, other waste substances resulting,
obtained, or produced in connection with exploration or
drilling for, or production of, oil or gas, or oil that are
not required
by
other state or federal law or regulation, and remove all concrete
bases, drilling supplies, and drilling equipment. Within nine
months after the date upon which the surface drilling of a well
is commenced, the owner or the owner's agent shall grade or
terrace and
plant, seed, or sod the area disturbed that is not required in
production of the well where necessary to bind the soil and
prevent substantial erosion and sedimentation. If the chief of
the division of mineral resources management finds
that a pit used for containing
brine, other waste substances, or oil is in violation of section
1509.22 of the Revised Code or rules adopted or orders issued
under it, the chief may require the pit to be emptied
and
closed before expiration of the five-month restoration period.
(B) Within six months after a well that has produced oil
or gas is plugged, or after the plugging of a dry hole, the owner
or the owner's agent shall remove all production and storage
structures,
supplies, and equipment, and any oil, salt water, and debris, and
fill any remaining excavations. Within that period the
owner or
the owner's agent shall grade or terrace and plant, seed, or
sod the area
disturbed where necessary to bind the soil and prevent
substantial erosion and sedimentation.
The owner shall be released from responsibility to perform
any or all restoration requirements of this section on any part
or all of the area disturbed upon the filing of a request for a
waiver with and obtaining the written approval of the chief,
which request shall be signed by the surface owner to certify the
approval of the surface owner of the release sought. The chief
shall approve the request unless the chief
finds upon
inspection that
the waiver would be likely to result in substantial damage to
adjoining property, substantial contamination of surface or
underground water, or substantial erosion or sedimentation.
The chief, by order, may shorten the time periods provided
for under division (A) or (B) of this section if failure to
shorten the periods would be likely to result in damage to public
health or the waters or natural resources of the state.
The chief, upon written application by an owner or an
owner's agent showing reasonable cause, may extend the period
within which
restoration shall be completed under divisions (A) and (B) of
this section, but not to exceed a further six-month period,
except under extraordinarily adverse weather conditions or when
essential equipment, fuel, or labor is unavailable to the owner
or the owner's agent.
If the chief refuses to approve a request for waiver or
extension, the chief shall do so by order.
Sec. 1509.31. Whenever the entire interest of an oil and
gas lease is assigned or otherwise transferred, the assignor or
transferor shall notify the holders of the royalty interests,
and, if a well or wells exist on the lease, the division of mineral resources
management, of the name and address of
the assignee or transferee by
certified mail, return receipt requested, not later than thirty
days after the date of the assignment or transfer. When notice
of any such assignment or transfer is required to be provided to
the division, it shall be provided on a form prescribed and
provided by the division and verified by both the assignor or
transferor and by the assignee or transferee. The notice form
applicable to assignments or transfers of a well to the owner of
the surface estate of the tract on which the well is located
shall contain a statement informing the landowner that the well
may require periodic servicing to maintain its productivity;
that, upon assignment or transfer of the well to the
landowner, the landowner becomes responsible for compliance with the
requirements of this chapter and rules adopted under it,
including, without limitation, the proper disposal of brine
obtained from the well, the plugging of the well when it becomes
incapable of producing oil or gas, and the restoration of the
well site; and that, upon assignment or transfer of the well to
the landowner, the landowner becomes responsible for the
costs of compliance with the requirements of this chapter and rules
adopted under it and the costs for operating and servicing the
well.
The owner holding a permit under section 1509.05 of the
Revised Code is responsible for all obligations and liabilities
imposed by this chapter and any rules, orders, and terms and
conditions of a permit adopted or issued under
it, and no assignment or
transfer by the owner relieves the owner of the obligations and
liabilities until and unless the assignee or transferee files
with the division the information described in
divisions (A)(1), (B)(2), (C)(3), (D)(4), (E)(5), (J)(10), (K)(11),
and (L)(12) of section 1509.06 of the Revised Code;
obtains liability insurance coverage required
by section 1509.07 of the
Revised Code, except when none is required by that section; and
executes and files a surety bond, negotiable certificates of
deposit or irrevocable letters of credit, or cash, as described in
that section. Instead of a bond,
but only upon acceptance by the chief of the division of mineral resources
management,
the assignee or transferee may file proof of financial
responsibility, described in section 1509.07 of the Revised Code.
Section 1509.071 of the Revised Code applies to the surety bond,
cash, and negotiable certificates of deposit and irrevocable letters of
credit described in this
section. Unless the chief approves a modification, each assignee
or transferee shall operate in accordance with the plans and
information filed by the permit holder pursuant to section
1509.06 of the Revised Code.
Sec. 1515.14. Within the limits of funds appropriated to
the department of natural resources and the soil and water conservation district assistance fund created in this section, there shall be paid in each
calendar year to each local soil and water conservation district
an amount not to exceed one dollar for each one dollar received
in accordance with section 1515.10 of the Revised Code, received from tax levies in excess of the ten-mill levy limitation approved for the benefit of local soil and water conservation districts, or
received from an appropriation by a municipal corporation or
a township to a maximum of eight
thousand dollars, provided that the Ohio soil and water
conservation commission may approve payment to a district in an
amount in excess of eight thousand dollars in any calendar year
upon receipt of a request and justification from the district.
The county auditor shall credit such payments to the special fund
established pursuant to section 1515.10 of the Revised Code for
the local soil and water conservation district. The department
may make advances at least quarterly to each district on the
basis of the estimated contribution of the state to each
district. Moneys received by each district shall be expended for
the purposes of the district.
For the purpose of providing money to soil and water conservation districts under this section, there is hereby created in the state treasury the soil and water conservation district assistance fund consisting of money credited to it under section 3714.073 of the Revised Code.
Sec. 1517.02. There is hereby created in the department of
natural resources the division of natural areas and preserves,
which shall be administered by the chief of
natural areas and preserves. The chief shall take an oath of
office and shall file in the office of the secretary of state a
bond signed by the chief and by a surety approved by the
governor for a
sum fixed pursuant to section 121.11 of the Revised Code.
The chief shall administer a system of nature
preserves and wild, scenic, and recreational river areas. The
chief shall establish a system of nature preserves through
acquisition and dedication of natural areas of state or national
significance, which shall include, but not be limited to, areas
which that represent characteristic examples of Ohio's natural
landscape types and its natural vegetation and geological
history. The chief shall encourage landowners to dedicate areas
of unusual significance as nature preserves, and shall establish
and maintain a registry of natural areas of unusual significance.
The chief may supervise, operate, protect, and maintain
wild, scenic, and recreational river areas, as designated by the
director of natural resources. The chief may cooperate with
federal agencies administering any federal program concerning
wild, scenic, or recreational river areas.
The chief may, with the approval of the director, enter
into an agreement with the United States department of commerce
under the "Coastal Zone Management Act of 1972," 86 Stat. 1280,
16 U.S.C.A. 1451, as amended, for the purpose of receiving grants
to continue the management, operation, research, and programming
at old woman creek national estuarine research reserve.
The chief shall do the following:
(A) Formulate policies and plans for the acquisition, use,
management, and protection of nature preserves;
(B) Formulate policies for the selection of areas suitable
for registration;
(C) Formulate policies for the dedication of areas as
nature preserves;
(D) Prepare and maintain surveys and inventories of
natural areas and habitats of rare and endangered species of
plants and animals;
(E) Adopt rules for the use, visitation, and protection of
nature preserves, "natural areas owned or managed through
easement, license, or lease by the department and administered by
the division," and lands owned "or managed through easement,
license, or lease" by the department and administered by the
division which that are within or adjacent to any wild, scenic, or
recreational river area, in accordance with Chapter 119. of the
Revised Code;
(F) Provide facilities and improvements within the state
system of nature preserves that are necessary for their
visitation, use, restoration, and protection and do not impair
their natural character;
(G) Provide interpretive programs and publish and
disseminate information pertaining to nature preserves and
natural areas for their visitation and use;
(H) Conduct and grant permits to qualified persons for the
conduct of scientific research and investigations within nature
preserves;
(I) Establish an appropriate system for marking nature
preserves;
(J) Publish and submit to the governor and the general
assembly a biennial report of the status and condition of each
nature preserve, activities conducted within each preserve, and
plans and recommendations for natural area preservation.
Sec. 1521.062. (A) All dams, dikes, and levees
constructed in this state and not exempted by this section or by
the chief of the division of water under section 1521.06 of the
Revised Code shall be inspected periodically by the chief to, except for classes of dams that, in accordance with rules adopted under this section, are required to be inspected by registered professional engineers who have been approved for that purpose by the chief. The inspection shall
ensure that continued operation and use of the dam, dike, or
levee does not constitute a hazard to life, health, or property.
Periodic inspections shall not be required of the following
structures:
(1) A dam that is less than ten feet in height and has a
storage capacity of not more than fifty acre-feet at the
elevation of the top of the dam, as determined by the chief. For
the purposes of this section, the height of a dam shall be
measured from the natural stream bed or lowest ground elevation
at the downstream or outside limit of the dam to the elevation of
the top of the dam.
(2) A dam, regardless of height, that has a storage
capacity of not more than fifteen acre-feet at the elevation of
the top of the dam, as determined by the chief;
(3) A dam, regardless of storage capacity, that is six
feet or less in height, as determined by the chief;
(4) A dam, dike, or levee belonging to a class exempted by
the chief;
(5) A dam, dike, or levee that has been exempted in
accordance with rules adopted under section 1521.064 of the
Revised Code.
(B) In accordance with rules adopted under this section, the owner of a dam that is in a class of dams that is designated in the rules for inspection by registered professional engineers shall obtain the services of a registered professional engineer who has been approved by the chief to conduct the periodic inspection of dams pursuant to schedules and other standards and procedures established in the rules. The registered professional engineer shall prepare a report of the inspection in accordance with the rules and provide the inspection report to the dam owner who shall submit it to the chief. A dam that is designated under the rules for inspection by a registered professional engineer but that is not inspected within a five-year period may be inspected by the chief at the owner's expense.
(C) Intervals between periodic inspections shall be
determined by the chief, but shall not exceed five years. The
chief may use inspection reports prepared for the owner of the
dam, dike, or levee by a registered professional engineer.
(C) The owner (D) In the case of a dam, dike, or levee that the chief inspects, the chief shall be furnished furnish a report of each the
inspection and to the owner of the dam, dike, or levee. With regard to a dam, dike, or levee that has been inspected, either by the chief or by a registered professional engineer, and that is the subject of an inspection report prepared or received by the chief, the chief shall be informed of inform the owner of any required repairs,
maintenance, investigations, and other remedial and operational
measures by the chief. The chief shall order the owner to
perform such repairs, maintenance, investigations, or other
remedial or operational measures as he the chief considers
necessary to
safeguard life, health, or property. The order shall permit the
owner a reasonable time in which to perform the needed repairs,
maintenance, investigations, or other remedial measures, and the
cost thereof shall be borne by the owner. All orders of the
chief are subject to appeal as provided in Chapter 119. of the
Revised Code. The attorney general, upon written request of the
chief, may bring an action for an injunction against any person
who violates this section or to enforce an order of the chief
made pursuant to this section.
(D)(E) The owner of a dam, dike, or levee shall monitor,
maintain, and operate the structure and its appurtenances safely
in accordance with state rules, terms and conditions of permits,
orders, and other requirements issued pursuant to this section or
section 1521.06 of the Revised Code. The owner shall fully and
promptly notify the division of water and other responsible
authorities of any condition which that threatens the safety of the
structure and shall take all necessary actions to safeguard life,
health, and property.
(E)(F) Before commencing the repair, improvement, alteration,
or removal of a dam, dike, or levee, the owner shall file an
application including plans, specifications, and other required
information with the division and shall secure written approval
of the application by the chief. Emergency actions by the owner
required to safeguard life, health, or property are exempt from
this requirement. The chief may, by rule, define maintenance,
repairs, or other remedial measures of a routine nature which that are
exempt from this requirement.
(F)(G) The chief may remove or correct, at the expense of the
owner, any unsafe structures found to be constructed or
maintained in violation of this section or section 1521.06 of the
Revised Code. In the case of an owner other than a governmental
agency, the cost of removal or correction of any unsafe
structure, together with a description of the property on which
the unsafe structure is located, shall be certified by the chief
to the county auditor and placed by the county auditor upon the
tax duplicate. This cost is a lien upon the lands from the date
of entry and shall be collected as other taxes and returned to
the division. In the case of an owner that is a governmental
agency, the cost of removal or correction of any unsafe structure
shall be recoverable from the owner by appropriate action in a
court of competent jurisdiction.
(G)(H) If the condition of any dam, dike, or levee is found,
in the judgment of the chief, to be so dangerous to the safety of
life, health, or property as not to permit time for the issuance
and enforcement of an order relative to repair, maintenance, or
operation, the chief shall employ any of the following remedial
means necessary to protect life, health, and property:
(1) Lower the water level of the lake or reservoir by
releasing water;
(2) Completely drain the lake or reservoir;
(3) Take such other measures or actions as he the chief
considers
necessary to safeguard life, health, and property.
The chief shall continue in full charge and control of the dam,
dike, or levee until the structure is rendered safe. The cost of
the remedy shall be recoverable from the owner of the structure
by appropriate action in a court of competent jurisdiction.
(H)(I) The chief may accept and expend gifts, bequests, and
grants from the United States government or from any other public
or private source and may contract with the United States
government or any other agency or entity for the purpose of
carrying out the dam safety functions set forth in this section
and section 1521.06 of the Revised Code.
(J) In accordance with Chapter 119. of the Revised Code, the chief shall adopt, and may amend or rescind, rules that do all of the following:
(1) Designate classes of dams for which dam owners must obtain the services of a registered professional engineer to periodically inspect the dams and to prepare reports of the inspections for submittal to the chief;
(2) Establish standards in accordance with which the chief must approve or disapprove registered professional engineers to inspect dams together with procedures governing the approval process;
(3) Establish schedules, standards, and procedures governing periodic inspections and standards and procedures governing the preparation and submittal of inspection reports;
(4) Establish provisions regarding the enforcement of this section and rules adopted under it.
Sec. 1531.27. The chief of the division of wildlife shall pay
to the treasurers of the several counties wherein lands owned by
the state and administered by the division are situate located an annual
amount determined in the following manner: in each such county
one per cent of the total value of such lands exclusive of
improvements, as shown on the auditor's records of taxable value
of real property existing at the time when the state acquired the
tract or tracts comprising such the lands.
Such The payments shall be made from funds accruing to the
division of wildlife from the sale of hunting or fishing licenses
and federal wildlife restoration funds, and the from fines, penalties, and forfeitures deposited into the state treasury to the credit of the wildlife fund created in section 1531.17 of the Revised Code. The allocation of
amounts to be paid from such those sources shall be determined by the
director of natural resources.
Such The payments to the treasurers of the several counties
shall be credited to the fund for school purposes within the
school districts wherein such the lands are situate located.
Sec. 1533.10. Except as provided in this section or
division (A)(2) of section 1533.12 of the Revised Code, no person
shall hunt any wild bird or wild quadruped without a hunting
license. Each day that any person hunts within the state without
procuring such a license constitutes a separate offense. Except as otherwise provided in this section, every
applicant for a hunting license who is a resident of the state
and sixteen eighteen years of age or more shall
procure a resident hunting license,
the fee for which shall be eighteen dollars, unless the rules
adopted under division (B) of section 1533.12 of the Revised Code
provide for issuance of a resident hunting license to the
applicant free of charge. Except as provided in rules adopted under division (B)(2) of that section, each applicant who is a resident of this state and who at the time of application is sixty-six years of age or older shall procure a special senior hunting license, the fee for which shall be one-half of the regular hunting license fee. Every applicant who is under the age of sixteen eighteen years shall procure a
special youth hunting license, the fee for which shall be
one-half of the regular hunting license fee. The owner of lands in the
state and the
owner's children of any
age and grandchildren under eighteen years of age may hunt
on the lands
without a hunting license. The tenant and children of
the tenant, residing on lands in the state, may hunt
on them without a hunting license. Every Except as otherwise provided in division (A)(1) of section 1533.12 of the Revised Code, every applicant for
a hunting
license who is a nonresident of the state and who is sixteen eighteen years of age or older shall procure a
nonresident hunting license, the fee for which shall be
one hundred twenty-four dollars, unless the applicant is a resident of a state that is a
party to an agreement under section 1533.91 of the Revised Code,
in which case the fee shall be eighteen dollars.
The chief of the division of wildlife may issue a
small game hunting license expiring three days from the effective
date of the license to a nonresident of the state, the fee for
which shall be thirty-nine dollars. No person shall take or
possess deer, wild turkeys, fur-bearing animals, ducks, geese, brant,
or any nongame animal while
possessing only a
small game hunting license. A
small game hunting license does not authorize the taking or possessing of
ducks, geese, or brant without having obtained, in addition to
the small game hunting license, a wetlands habitat
stamp as provided in section 1533.112 of the Revised Code. A
small game hunting license does not authorize the taking
or possessing of deer, wild turkeys, or fur-bearing animals. A
nonresident of the state who wishes to take or possess deer,
wild turkeys, or fur-bearing animals in this state shall
procure, respectively, a special deer or wild turkey permit as
provided in section 1533.11 of the Revised Code or a fur
taker permit as provided in section 1533.111 of the Revised
Code in addition to a nonresident hunting license or a special youth hunting license, as applicable, as provided in this
section.
No person shall procure or attempt to procure a hunting
license by fraud, deceit, misrepresentation, or any false
statement.
This section does not authorize the taking and possessing
of deer or wild turkeys without first having obtained, in
addition to the hunting license required by this section, a
special deer or wild turkey permit as provided in section 1533.11
of the Revised Code or the taking and possessing of ducks, geese,
or brant without first having obtained, in addition to the
hunting license required by this section, a wetlands habitat
stamp as provided in section 1533.112 of the Revised Code.
This section does not authorize the hunting or trapping of
fur-bearing animals without first having obtained, in addition to
a hunting license required by this section, a fur taker permit as
provided in section 1533.111 of the Revised Code.
No hunting license shall be issued unless it is accompanied by a written
explanation of the law in section 1533.17
of the Revised Code and the penalty for its
violation, including a description of terms of imprisonment and fines that may
be imposed.
No hunting license shall be issued unless the applicant
presents to the agent authorized to issue the license a
previously held hunting license or evidence of having held such a
license in content and manner approved by the chief, a
certificate of completion issued upon completion of a hunter
education and conservation course approved by the chief, or
evidence of equivalent training in content and manner approved by
the chief.
No person shall issue a hunting license to any person who
fails to present the evidence required by this section. No
person shall purchase or obtain a hunting license without
presenting to the issuing agent the evidence required by this
section. Issuance of a hunting license in violation of the
requirements of this section is an offense by both the purchaser
of the illegally obtained hunting license and the clerk or agent
who issued the hunting license. Any hunting license issued in
violation of this section is void.
The chief, with approval of the wildlife council, shall
adopt rules prescribing a hunter education and conservation
course for first-time hunting license buyers and for volunteer
instructors. The course shall consist of subjects including, but
not limited to, hunter safety and health, use of hunting
implements, hunting tradition and ethics, the hunter and
conservation, the law in section 1533.17
of the Revised Code along with the penalty for
its
violation, including a description of terms of imprisonment and fines that may
be imposed, and other law relating to hunting.
Authorized
personnel of the division or volunteer instructors approved by
the chief shall conduct such courses with such frequency and at
such locations throughout the state as to reasonably meet the
needs of license applicants. The chief shall issue a certificate
of completion to each person who successfully completes the
course and passes an examination prescribed by the chief.
Sec. 1533.11. (A) Except as provided in this section, no
person shall hunt deer on lands of another without first
obtaining an annual special deer permit. Except as provided in
this section, no person shall hunt wild turkeys on lands of
another without first obtaining an annual special wild turkey
permit. Each applicant for a special deer or wild turkey permit
shall pay an annual fee of twenty-three dollars for each permit unless the rules adopted under division (B)
of section 1533.12 of the Revised Code provide for issuance of a
deer or wild turkey permit to the applicant free of charge. Except as provided in rules adopted under division (B)(2) of that section, each applicant who is a resident of this state and who at the time of application is sixty-six years of age or older shall procure a special senior deer or wild turkey permit, the fee for which shall be one-half of the regular special deer or wild turkey permit fee. Each applicant who is under the age of sixteen eighteen years shall procure a special youth deer or wild turkey permit, the fee for which shall be one-half of the regular special deer or wild turkey permit fee.
Except as provided in division (A)(2) of section 1533.12 of the
Revised Code, a deer or wild turkey permit shall run concurrently
with the hunting license. The money received shall be paid into the state
treasury to the credit of the wildlife fund, created in section
1531.17 of the Revised Code, exclusively for the use of the
division of wildlife in the acquisition and development of land
for deer or wild turkey management, for investigating deer or
wild turkey problems, and for the stocking, management, and
protection of deer or wild turkey. Every person, while hunting
deer or wild turkey on lands of another, shall carry the
person's special deer or wild turkey permit and exhibit it
to any enforcement officer so requesting. Failure to so carry and
exhibit such a permit constitutes an offense under this section.
The chief of the division of wildlife shall adopt any additional
rules the chief considers necessary to carry out this section
and section 1533.10 of the Revised Code.
The owner and the children of the owner of lands in this
state may hunt deer or wild turkey thereon without a special deer
or wild turkey permit. The tenant and children of the
tenant may hunt deer or wild turkey on lands where
they reside without a special deer or wild turkey permit.
(B) A special deer or wild turkey permit is not
transferable. No person shall carry a special deer or wild
turkey permit issued in the name of another person.
(C) The wildlife refunds fund is hereby created in the
state treasury. The fund shall consist of money received from
application fees for special deer permits that are not issued.
Money in the fund shall be used to make refunds of such
application fees.
Sec. 1533.111. Except as provided in this section or
division (A)(2) of section 1533.12 of the Revised Code, no person
shall hunt or trap fur-bearing animals on land of another without
first obtaining an annual fur taker permit. Each applicant for a
fur taker permit shall pay an annual fee of fourteen dollars for
the permit, except as otherwise provided in this section or
unless the rules adopted under division (B) of section 1533.12 of
the Revised Code provide for issuance of a fur taker permit to
the applicant free of charge. Except as provided in rules adopted under division (B)(2) of that section, each applicant who is a resident of this state and who at the time of application is sixty-six years of age or older shall procure a special senior fur taker permit, the fee for which shall be one-half of the regular fur taker permit fee. Each applicant who is a resident
of the state and under the age of sixteen eighteen years shall procure a
special youth fur taker permit, the fee for which shall be
one-half of the regular fur taker permit fee. The fur taker permit shall run concurrently with
the hunting license. The money received shall be paid into the
state treasury to the credit of the fund established in section
1533.15 of the Revised Code.
No fur taker permit shall be issued unless it is accompanied by a written
explanation of the law in section 1533.17
of the Revised Code and the penalty for its
violation, including a description of terms of imprisonment and fines that may
be imposed.
No fur taker permit shall be issued unless the applicant
presents to the agent authorized to issue a fur taker permit a
previously held hunting license or trapping or fur taker permit
or evidence of having held such a license or permit in content and
manner approved by the chief of the division of wildlife, a
certificate of completion issued upon completion of a trapper
education course approved by the chief, or evidence of equivalent
training in content and manner approved by the chief.
No person shall issue a fur taker permit to any person who
fails to present the evidence required by this section. No
person shall purchase or obtain a fur taker permit without
presenting to the issuing agent the evidence required by this
section. Issuance of a fur taker permit in violation of the
requirements of this section is an offense by both the purchaser
of the illegally obtained permit and the clerk or agent who
issued the permit. Any fur taker permit issued in violation of
this section is void.
The chief, with approval of the wildlife council, shall
adopt rules prescribing a trapper education course for first-time
fur taker permit buyers and for volunteer instructors. The
course shall consist of subjects that include, but are not
limited to, trapping techniques, animal habits and
identification, trapping tradition and ethics, the trapper and
conservation, the law in section 1533.17
of the Revised Code along with the penalty for
its violation, including a description of terms of imprisonment and fines that
may be imposed, and other law relating to
trapping. Authorized
personnel of the division of wildlife or volunteer instructors
approved by the chief shall conduct the courses with such
frequency and at such locations throughout the state as to
reasonably meet the needs of permit applicants. The chief shall
issue a certificate of completion to each person who successfully
completes the course and passes an examination prescribed by the
chief.
Every person, while hunting or trapping fur-bearing
animals on lands of another, shall carry the person's fur
taker permit affixed to the person's hunting license with
the person's signature written across
the face of on the permit. Failure to carry such a signed permit
constitutes an offense under this section. The chief shall adopt any
additional rules the chief considers necessary to carry
out this section.
The owner and the children of the owner of lands in this
state may hunt or trap fur-bearing animals thereon without a fur
taker permit. The tenant and children of the tenant
may hunt or trap fur-bearing animals on lands
where they reside without a fur taker permit.
A fur taker permit is not transferable. No person shall
carry a fur taker permit issued in the name of another person.
A fur taker permit entitles a nonresident to take
from this state fur-bearing animals taken and possessed by the
nonresident as provided by law or division rule.
Sec. 1533.112. Except as provided in this
section or unless otherwise provided by division rule, no
person shall hunt ducks, geese, or brant on the lands of another
without first obtaining an annual wetlands habitat stamp. The
annual fee for the wetlands habitat stamp shall be fourteen dollars
for each stamp unless the rules adopted under division (B)
of section 1533.12 provide for issuance of a wetlands habitat
stamp to the applicant free of charge.
Moneys received from the stamp fee shall be paid into the state treasury to the
credit of the wetlands habitat fund, which is hereby established.
Moneys shall be paid from the fund on the order of the director
of natural resources for the following purposes:
(A) Sixty per cent for projects that the division approves
for the acquisition, development, management, or preservation of
waterfowl areas within the state;
(B) Forty per cent for contribution by the division to an
appropriate nonprofit organization for the acquisition,
development, management, or preservation of lands and waters
within the United States or Canada that provide or will provide habitat for waterfowl
with migration routes that cross this state.
No moneys derived from the issuance of wetlands habitat
stamps shall be spent for purposes other than those specified by
this section. All investment earnings of the fund shall be
credited to the fund.
Wetlands habitat stamps shall be furnished by and in a form prescribed
by the chief of
the division of wildlife and issued by clerks and other agents
authorized to issue licenses and permits under section 1533.13 of
the Revised Code. The record of stamps kept by the clerks and
other agents shall be uniform throughout the state, in such form
or manner as the director prescribes, and open at all reasonable
hours to the inspection of any person. Unless otherwise
provided by rule, each stamp
shall remain
in force until midnight of the thirty-first day of August next
ensuing. Wetlands habitat stamps may be issued in any manner to
any person on any date, whether or not that date is within the
period in which they are effective.
Every person to whom this section applies, while hunting
ducks, geese, or brant, shall carry an unexpired wetlands habitat
stamp that is validated by the person's signature written on
the stamp in
ink and shall exhibit the stamp to any enforcement officer so
requesting. No person shall fail to carry and exhibit the
person's stamp.
A wetlands habitat stamp is not transferable.
The chief shall establish a procedure to obtain subject
matter to be printed on the wetlands habitat stamp and shall use,
dispose of, or distribute the subject matter as the chief
considers
necessary. The chief also shall adopt
rules necessary to
administer this section.
This section does not apply to persons under sixteen years
of age nor to persons exempted from procuring a hunting license
under section 1533.10 or division (A)(2) of section 1533.12 of the
Revised Code.
Sec. 1533.12. (A)(1) Except as otherwise provided in division (A)(2) of this section, every person on active duty in the armed forces of the United States who is stationed in this state and who wishes to engage in an activity for which a license, permit, or stamp is required under this chapter first shall obtain the requisite license, permit, or stamp. Such a person is eligible to obtain a resident hunting or fishing license regardless of whether the person qualifies as a resident of this state. To obtain a resident hunting or fishing license, the person shall present a card or other evidence identifying the person as being on active duty in the armed forces of the United States and as being stationed in this state.
(2) Every person on active duty in the
armed forces of the United States, while on leave or furlough,
may take or catch fish of the kind lawfully permitted to be taken
or caught within the state, may hunt any wild bird or wild
quadruped lawfully permitted to be hunted within the state, and
may trap fur-bearing animals lawfully permitted to be trapped
within the state, without procuring a fishing license, a hunting
license, a fur taker permit, or a wetlands habitat stamp required
by this chapter, provided that the person shall carry on the person when
fishing, hunting, or trapping, a card or other
evidence identifying the person as
being on active duty in the armed
forces of the United States, and provided that the person is not
otherwise violating any of the hunting, fishing, and trapping
laws of this state.
In order to hunt deer or wild turkey, any such person shall
obtain a special deer or wild turkey permit, as applicable, under
section 1533.11 of the Revised Code. However, the person need
not obtain a hunting license in order to obtain such a permit.
(B) The chief of the division of wildlife shall provide by
rule adopted under section 1531.10 of the Revised Code all of
the following:
(1) Every resident of this state with a disability that
has been determined by the veterans administration to be
permanently and totally disabling, who receives a pension or
compensation from the veterans administration, and who received
an honorable discharge from the armed forces of the United
States, and every veteran to whom the registrar of motor vehicles
has issued a set of license plates under section 4503.41 of the
Revised Code, shall be issued an annual fishing license, hunting
license, fur taker permit, deer or wild turkey permit, or
wetlands habitat stamp, or any combination of those licenses,
permits, and stamp, free of charge when application is made to
the chief in the manner prescribed by and on forms provided by
the chief.
(2) Every resident of the state who was born on or before December 31, 1937, shall be issued an annual fishing license, hunting
license, fur taker permit, deer or wild turkey permit, or
wetlands habitat stamp, or any combination of those licenses,
permits, and stamp, free of charge when application is made to
the chief in the manner prescribed by and on forms provided by
the chief.
(3) Every resident of state or county institutions,
charitable institutions, and military homes in this state shall
be issued an annual fishing license free of charge when
application is made to the chief in the manner prescribed by and
on forms provided by the chief.
(4) Any mobility impaired or blind person, as defined in
section 955.011 of the Revised Code, who is a resident of this state and who is
unable to engage in fishing without the assistance of another
person shall be issued an annual
fishing license free of charge when application is made to the
chief in the manner prescribed by and on forms provided by the
chief. The person who is assisting the mobility
impaired or blind person may
assist in taking or catching fish of the kind permitted to be
taken or caught without procuring the license required under
section 1533.32 of the Revised Code, provided that only one line
is used by both persons.
(5) As used in division (B)(5) of this section,
"prisoner of war" means any regularly appointed, enrolled, enlisted, or
inducted member of the military forces of the United States who was captured,
separated, and incarcerated by an enemy of the United States.
Any person who has been a prisoner of war, was honorably
discharged from the military forces, and is a resident of this
state shall be issued an annual fishing license, hunting license,
fur taker permit, or wetlands habitat stamp, or any combination
of those licenses, permits, and stamp, free of charge when
application is made to the chief in the manner prescribed by and
on forms provided by the chief.
(C) The chief shall adopt rules pursuant to section
1531.08 of the Revised Code designating not more than two days,
which need not be consecutive, in each year as "free sport
fishing days" on which any resident may exercise the privileges
accorded the holder of a fishing license issued under section
1533.32 of the Revised Code without procuring such a license,
provided that the person is not otherwise violating any of the
fishing laws of this state.
Sec. 1533.32. Except as provided in this section or
division (A)(2) or (C) of section 1533.12 of the Revised Code, no
person, including nonresidents, shall take or catch any fish by
angling in any of the waters in the state or engage in fishing in
those waters without a license. No person shall take or catch
frogs or turtles without a valid
fishing license, except as provided in this section. Persons
fishing in privately owned ponds, lakes, or reservoirs to or from
which fish are not accustomed to migrate are exempt from the
license requirements set forth in this section. Persons fishing
in privately owned ponds, lakes, or reservoirs that are open to
public fishing through an agreement or lease with the division of
wildlife shall comply with the license requirements set forth in
this section.
The fee for an annual license shall be thirty-nine dollars for a
resident of a
state that is not a party to an agreement under section 1533.91
of the Revised Code. The fee for an annual license shall be
eighteen dollars for a
resident of a state that is a party to such an agreement. The
fee for an annual license for residents of this state shall be
eighteen dollars unless the rules adopted under division (B) of section 1533.12 of the
Revised Code provide for issuance of a resident fishing license
to the applicant free of charge. Except as provided in rules adopted under division (B)(2) of that section, each applicant who is a resident of this state and who at the time of application is sixty-six years of age or older shall procure a special senior fishing license, the fee for which shall be one-half of the annual resident fishing license fee.
Any person under the age of
sixteen years may take or catch frogs and turtles and take or catch fish by
angling without a
license.
The chief of the division of
wildlife may issue a tourist's license expiring three days from
the effective date of the license to a resident of a state that
is not a party to an agreement under section 1533.91 of the
Revised Code. The fee for a
tourist's license shall be eighteen dollars.
The chief shall adopt rules under section 1531.10 of the
Revised Code
providing for the issuance of a one-day fishing license to a resident of this
state or of any other state. The fee for such a license shall be fifty-five per
cent of the amount established under this section for a tourist's license,
rounded up to the nearest whole dollar. A one-day fishing license
shall allow the holder to
take or catch fish by angling in the waters in the state, engage in fishing in
those waters, or take or catch frogs or turtles
in those waters for one day without obtaining an annual license or a tourist's
license under this section.
At the request of a holder of a one-day fishing license
who wishes to obtain an annual license, a clerk or agent
authorized to issue licenses under section 1533.13 of the
Revised
Code, not later than the last
day on which the one-day license would be valid if it were an
annual license, shall credit the amount of the fee paid for the
one-day license toward the fee charged for the annual license if so authorized
by the chief.
The clerk or agent shall issue the annual license upon
presentation of the one-day license and payment of a fee in an
amount equal to the difference between the fee for the annual
license and the fee for the one-day license.
Unless otherwise provided by division rule, each annual license shall
begin on the first day of March of the
current year and expire on the last day of February of the
following year.
No person shall alter a fishing license or possess a
fishing license that has been altered.
No person shall procure or attempt to procure a fishing
license by fraud, deceit, misrepresentation, or any false
statement.
Owners of land over, through, upon, or along which any
water flows or stands, except where the land is in or borders on
state parks or state-owned lakes, together with the members of
the immediate families of such owners, may take frogs and
turtles and may take or catch
fish of the kind permitted to be taken or caught therefrom
without procuring a license provided for in this section.
This
exemption extends to tenants actually residing upon such lands
and to the members of the immediate families of the tenants.
Residents of state or county institutions, charitable
institutions, and military homes in this state may take frogs and
turtles without procuring the
required license, provided that a member of the institution or
home has an identification card, which shall be carried on
that
person when fishing.
Every fisher required to be licensed, while
fishing
or taking or attempting to take frogs or turtles, shall carry
the license and exhibit it to
any
person. Failure to so carry and exhibit the license
constitutes
an offense under this section.
Sec. 1541.03. All lands and waters dedicated and set apart
for state park purposes shall be under the control and management
of the division of parks and recreation, which shall protect,
maintain, and keep them in repair. The division shall have the
following powers over all such lands and waters:
(A) To make alterations and improvements;
(B) To construct and maintain dikes, wharves, landings,
docks, dams, and other works;
(C) To construct and maintain roads and drives in,
around, upon, and to the lands and waters
to make them conveniently accessible and useful to the public;
(D) To Except as otherwise provided in this section, to adopt, amend, and rescind,
in accordance with Chapter
119. of the Revised Code, rules necessary for the proper management
of state parks, bodies of water, and the lands adjacent to
them under its jurisdiction and control, including the following:
(1) Governing opening and closing times and dates of the
parks;
(2) Establishing fees and charges for admission to state
parks and for use of facilities in them state parks;
(3) Governing camps, camping, and fees for camps and
camping;
(4) Governing the application for and rental of,
rental fees for, and the use of cabins;
(5) Relating to public use of state park lands, and
governing the operation of motor vehicles, including speeds, and
parking on those lands;
(6) Governing all advertising within
state parks and the requirements for the operation of places selling
tangible personal property and control of food service sales on
lands and waters under the control of the division, which rules
shall establish uniform requirements;
(7) Providing uniform standards relating to the size, type,
location, construction, and maintenance of structures and devices
used for fishing or moorage of watercraft, rowboats, sailboats,
and powercraft, as those terms are defined in section 1547.01 of
the Revised Code, over waters under the control of the division
and establishing reasonable fees for the construction of and annual
use permits for those structures and devices;
(8) Governing state beaches, swimming, inflatable devices,
and fees for them;
(9) Governing the removal and disposition of any watercraft,
rowboat, sailboat, or powercraft, as those terms are defined in
section 1547.01 of the Revised Code, left unattended for more
than seven days on any lands or waters under the control of the
division;
(10) Governing the establishment and collection of check collection
charges for checks that are returned to the division or dishonored for any
reason.
The division shall adopt rules under this section establishing a discount program for all persons who are issued a golden buckeye card under section 173.06 of the Revised Code. The discount program shall provide a discount for all park services and rentals, but shall not provide a discount for the purchase of merchandise.
The division shall not adopt rules establishing fees or charges for parking a motor vehicle in a state park or for admission to a state park.
Every resident of this state with a disability that has
been determined by the veterans administration to be permanently
and totally disabling, who receives a pension or compensation
from the veterans administration, and who received an honorable
discharge from the armed forces of the United States, and every
veteran to whom the registrar of motor vehicles has issued a set
of license plates under section 4503.41 of the
Revised Code, shall be exempt from the fees for camping, provided that
the resident or veteran carries in the state park such evidence of
the resident's or veteran's disability as the chief of the division of
parks and recreation prescribes by rule.
Every Unless otherwise provided by division rule, every resident of this state who is sixty-five years of age
or older or who is permanently and totally disabled and who
furnishes evidence of that age or disability in a manner
prescribed by division rule shall be charged one-half of the
regular fee for camping, except on the weekends and
holidays designated by the division. Such a person, and
shall
not be charged more than ninety per cent of the regular charges for
state recreational facilities, equipment, services, and food service
operations utilized by the person at any time of year,
whether maintained or operated by the state or leased for operation by another
entity.
As used in this section, "food service operations" means
restaurants that are owned by the department of natural
resources at Hocking Hills, Lake Hope, Malabar Farm, and Rocky
Fork state parks or are part of a state park lodge.
"Food service operations" does not include automatic
vending machines, concession stands, or snack bars.
As used in this section, "prisoner of war" means any
regularly appointed, enrolled, enlisted, or inducted member of
the military forces of the United States who was captured,
separated, and incarcerated by an enemy of the United States.
Any person who has been a prisoner of war, was honorably
discharged from the military forces, and is a resident of this
state is exempt from the fees for camping. To claim this
exemption, the person shall present written evidence in the form
of a record of separation, a letter from one of the military
forces of the United States, or such other evidence as the chief
prescribes by rule that satisfies the eligibility criteria
established by this section.
Sec. 1547.721. As used in sections 1547.721 to 1547.726 of the Revised Code:
(A) "Eligible project" means a project that involves the acquisition, construction, establishment, reconstruction, rehabilitation, renovation, enlargement, improvement, equipping, furnishing, or development of either of the following:
(1) Marine recreational facilities;
(2) Refuge harbors and other projects for the harboring, mooring, docking, launching, and storing of light draft vessels.
(B) "Marine recreational facilities," "refuge harbors," "light draft vessels," and "allowable costs" have the meanings established in rules adopted under section 1547.723 of the Revised Code.
(C) "Revolving loan program" means the loan program established under sections 1547.721 to 1547.726 of the Revised Code.
(D) "State agency" has the same meaning as in section 9.66 of the Revised Code.
Sec. 1547.722. There is hereby created in the state treasury the watercraft revolving loan fund consisting of money appropriated or transferred to it, money received and credited to the fund under section 1547.726 of the Revised Code, and any grants, gifts, or contributions of moneys received for deposit to the credit of the fund.
The director of natural resources shall use money in the watercraft revolving loan fund for the purpose of making loans under section 1547.724 of the Revised Code for eligible projects and taking actions under sections 1547.721 to 1547.726 of the Revised Code necessary to fulfill that purpose. The director may establish separate accounts in the fund for particular projects or otherwise. Income from the investment of money in the fund shall be credited to the fund, and, if the director so requires, to particular accounts in the fund.
Sec. 1547.723. (A) The director of natural resources shall adopt rules under Chapter 119. of the Revised Code that the director determines to be necessary for the implementation of the revolving loan program. The rules shall include a definition of what constitutes "allowable costs" of an eligible project for purposes of the program together with a definition of "marine recreational facilities," "refuge harbors," and "light draft vessels," respectively.
(B) The director may delegate any of the director's duties or responsibilities under sections 1547.721 to 1547.726 of the Revised Code to the chief of the division of watercraft.
Sec. 1547.724. (A) With the approval of the controlling board, and subject to the other applicable provisions of sections 1547.721 to 1547.726 of the Revised Code, the director of natural resources may lend moneys in the watercraft revolving loan fund to public or private entities for the purpose of paying the allowable costs of an eligible project. Loans shall be made under this division only if the director determines that all of the following apply:
(1) The project is an eligible project and is economically sound;
(2) The borrower is unable to finance the necessary allowable costs through ordinary financial channels upon comparable terms;
(3) The repayment of the loan will be adequately secured by a mortgage, lien, assignment, or pledge at a level of priority as the director may require;
(4) The amount of the loan does not exceed ninety per cent of the total cost of the project.
(B) The determinations of the director under division (A) of this section shall be conclusive for purposes of the validity of a loan commitment evidenced by a loan agreement signed by the director. Further, the director's determinations that a project constitutes an eligible project and that the costs of such a project are allowable costs, together with all other determinations relevant to the project or to an action taken or agreement entered into under sections 1547.721 to 1547.726 of the Revised Code shall be conclusive for purposes of the validity and enforceability of rights of parties arising from actions taken and agreements entered into under those sections.
(C) The director may take any actions necessary or appropriate with respect to a loan made under this section, including facilitating the collection of amounts due on a loan.
Sec. 1547.725. For purposes of the revolving loan program, the director of natural resources may do any of the following:
(A) Establish fees, charges, rates of interest, times of payment of interest and principal, and other terms, conditions, and provisions of and security for loans made from the watercraft revolving loan fund that the director determines to be appropriate and in furtherance of the purpose for which the loans are made;
(B) Retain the services of or employ financial consultants, appraisers, consulting engineers, superintendents, managers, construction and accounting experts, attorneys, and employees, agents, and independent contractors that the director determines to be necessary and fix the compensation for their services;
(C) Receive and accept from any person grants, gifts, contributions of money, property, labor, and other things of value to be held, used, and applied only for the purpose for which such grants, gifts, and contributions are made;
(D) Enter into appropriate agreements with other governmental entities to provide for all of the following:
(1) Payment of allowable costs related to the development of eligible projects for which loans have been made from the watercraft revolving loan fund;
(2) Any governmental action a governmental entity is authorized to take, including undertaking on behalf and at the request of the director any action that the director is authorized to undertake pursuant to sections 1547.721 to 1547.725 of the Revised Code;
(3) The operation of facilities associated with eligible projects.
All state agencies shall cooperate with and provide assistance to the director as is necessary for the administration of sections 1547.721 to 1547.726 of the Revised Code.
Sec. 1547.726. All money received by the state from the repayment of loans made from the watercraft revolving loan fund, including interest, fees, and charges associated with such loans, shall be deposited to the credit of the watercraft revolving loan fund.
Sec. 1548.06. (A)(1) Application for a certificate of title for a
watercraft or outboard motor shall be made upon a form prescribed
by the chief of the division of watercraft
and shall be sworn to
before a notary public or other officer empowered to administer
oaths. The application shall be filed with the clerk of
any
court of common pleas.
An application for a certificate of title
may be filed
electronically by any electronic means approved by
the chief in
any county with the clerk of the court of common
pleas of that
county.
The application shall be accompanied by
the fee
prescribed
in
section 1548.10 of the Revised Code. The
fee shall be
retained by the clerk who issues the certificate of
title and
shall be distributed in accordance with that section.
If a clerk
of a court of common pleas, other than the clerk of
the court of
common pleas of an applicant's county of residence,
issues a
certificate of title to the applicant, the clerk shall
transmit
data related to the transaction to the
automated
title
processing system.
(2) If a certificate of
title previously has been issued for the
watercraft or outboard
motor,
the application for a
certificate
of title also shall be accompanied by the certificate
of title
duly
assigned unless otherwise provided in this
chapter. If a
certificate of title previously has not been
issued for the
watercraft or outboard motor in this state, the
application,
unless otherwise provided in this chapter, shall be
accompanied
by
a manufacturer's or importer's certificate; by a
sworn
statement
of ownership if the watercraft or outboard motor
was
purchased by
the applicant on or before
October 9, 1963,
or if
the watercraft
is less than fourteen feet long with
a
permanently affixed
mechanical means of propulsion and was
purchased by the applicant
on or before
January 1,
2000;
or by
a certificate of title, bill
of sale, or
other evidence of
ownership required by the law of
another state
from which the
watercraft or outboard motor was
brought into
this state.
Evidence of ownership of a watercraft or
outboard
motor for
which an Ohio certificate of title previously
has not
been
issued and which watercraft or outboard motor does
not have
permanently affixed
to it a manufacturer's serial
number
shall
be accompanied by the certificate of assignment of a
hull
identification number assigned by
the chief as provided in
section
1548.07 of the Revised Code.
(3) The clerk shall retain the evidence
of title presented by
the
applicant and on which the certificate
of title is issued,
except that, if an application for a certificate of title is
filed
electronically, by a vendor on behalf of a purchaser of a
watercraft or outboard motor, the clerk shall retain the completed
electronic record to which the vendor converted the certificate of
title application and other required documents. The chief,
after consultation with the attorney general, shall adopt rules
that govern the location at which, and the manner in which, are
stored the actual application and all other documents relating to
the sale of a watercraft or outboard motor when a vendor files the
application for a certificate of title electronically on behalf of
a purchaser.
(B) The
clerk shall use reasonable diligence in
ascertaining
whether
the
facts in the application are true
by checking the
application and
documents accompanying it
or the electronic
record to which a vendor converted the application and
accompanying documents with
the records of
watercraft and
outboard motors in the clerk's
office. If
the
clerk is satisfied
that the
applicant is the owner of the
watercraft or
outboard
motor and
that the application is in the
proper form,
the clerk
shall issue
a
physical certificate of
title over the
clerk's
signature and sealed with
the clerk's
seal
unless the applicant
specifically requests the clerk not to
issue a physical
certificate of title and instead to issue an
electronic
certificate of title.
However, if the evidence
indicates and an
investigation
shows that one or more Ohio
titles already exist
for
the watercraft or outboard motor, the
chief may cause the
redundant title or titles to be
canceled.
(C) In the case of the sale of a watercraft or outboard motor
by
a vendor to a general purchaser or user, the certificate of
title
shall be obtained in the name of the purchaser by the
vendor upon
application signed by the purchaser. In all other
cases, the
certificate shall be obtained by the purchaser. In
all cases of
transfer of watercraft or outboard motors, the
application for
certificate of title shall be filed within thirty
days after the
later of the date of purchase or assignment of
ownership of the
watercraft or outboard motor. If the
application for certificate
of title is not filed within thirty
days after the later of the
date of purchase or assignment of
ownership of the watercraft or
outboard motor, the clerk shall
charge a late penalty fee of five
dollars in addition to the fee
prescribed by section 1548.10 of
the Revised Code. The clerk
shall retain the entire amount of
each late penalty fee.
(D) The clerk shall refuse to accept an application for
certificate of title unless the applicant either tenders with the
application payment of all taxes levied by or pursuant to Chapter
5739. or 5741. of the Revised Code
based on the applicant's county
of residence less, in the case of a sale
by a vendor, any
discount
to which the vendor is entitled under
section 5739.12
of the
Revised Code, or submits any of the
following:
(A)(1) A receipt issued by the tax commissioner or a clerk of
courts showing payment of the tax;
(B)(2) A copy of the unit certificate of exemption completed
by
the purchaser at the time of sale as provided in section
5739.03
of the Revised Code;
(C)(3) An exemption certificate, in a form prescribed by the
tax commissioner, that specifies why the purchase is not subject
to the tax imposed by Chapter 5739. or 5741. of the Revised Code.
Payment of the tax shall be in accordance with rules issued
by the tax commissioner, and the clerk shall issue a receipt in
the form prescribed by the tax commissioner to any applicant who
tenders payment of the tax with the application for
the
certificate
of title.
(E)(1) For receiving and disbursing the taxes paid to the clerk
by a
resident of the clerk's county,
the
clerk may retain a poundage
fee of one
and one one-hundredth per cent of the taxes
collected,
which shall be paid
into the
certificate of title administration
fund created by section 325.33
of the Revised Code.
The clerk
shall not retain a poundage fee
from payments of taxes by persons
who do not reside in the
clerk's county.
(2) A clerk, however, may retain from the taxes paid to the
clerk
an amount equal to the poundage fees associated with
certificates
of title issued by other clerks of courts of common
pleas to
applicants who reside in the first clerk's county. The
chief of
the division of watercraft, in consultation with the tax
commissioner and the clerks of the courts of common pleas, shall
develop a report from the automated title processing system that
informs each clerk of the amount of the poundage fees that the
clerk is permitted to retain from those taxes because of
certificates of title issued by the clerks of other counties to
applicants who reside in the first clerk's county.
(F) In the case of casual sales of watercraft or outboard
motors
that are subject to the tax imposed by Chapter 5739. or
5741. of
the Revised Code, the purchase price for the purpose of
determining the tax shall be the purchase price on an affidavit
executed and filed with the clerk by the vendor on a form to be
prescribed by the chief, which
shall be prima-facie evidence of
the price for the determination
of the tax. In addition to the
information required by section
1548.08 of the Revised Code, each
certificate of title shall
contain in bold lettering the
following
notification and
statements:
"WARNING TO TRANSFEROR
AND
TRANSFEREE
(SELLER AND
BUYER). You
are required by law to
state
the true
selling price. A false statement is a
violation
of
section
2921.13 of the Revised Code and is punishable by six
months
imprisonment or a fine of up to one thousand dollars, or
both.
All
transfers are audited by the department of taxation.
The
seller
and buyer must provide any information requested by
the
department
of
taxation. The buyer may be assessed any
additional
tax found
to be due."
The clerk shall forward all payments of taxes, less
poundage
fees, to the treasurer of state in a manner to be
prescribed by
the tax commissioner and shall furnish
information to the
commissioner as the commissioner may require. (G) Each county clerk of courts shall forward to the treasurer of state all sales and use tax collections resulting from sales of titled watercraft and outboard motors during a calendar week on or before the Friday following the close of that week. If, on any Friday, the offices of the clerk of courts or the state are not open for business, the tax shall be forwarded to the treasurer of state on or before the next day on which the offices are open. Every remittance of tax under this division shall be accompanied by a remittance report in such form as the tax commissioner prescribes. Upon receipt of a tax remittance and remittance report, the treasurer of state shall date stamp the report and forward it to the tax commissioner. If the tax due for any week is not remitted by a clerk of courts as required under this division, the clerk shall forfeit the poundage fees for the sales made during that week. The treasurer of state may require the clerks of courts to transmit tax collections and remittance reports electronically.
(H) For purposes
of a
transfer of a certificate of title, if the clerk is satisfied that
a
secured party has discharged a lien but has not canceled the
lien notation
with
a clerk, the clerk
may cancel
the lien
notation on the
automated title processing
system and notify the
clerk of the county of
origin.
(I) Every clerk shall have the capability to transact by
electronic means all procedures and transactions relating to the
issuance of watercraft or outboard motor certificates of title
that are described in the Revised Code as being accomplished by
electronic means.
Sec. 1707.01. As used in this chapter:
(A) Whenever the context requires it, "division" or
"division of securities" may be read as "director of commerce" or
as "commissioner of securities."
(B) "Security" means any certificate or instrument, or any oral, written, or electronic agreement, understanding, or opportunity, that
represents title to or interest in, or is secured by any lien or
charge upon, the capital, assets, profits, property, or credit of
any person or of any public or governmental body, subdivision, or
agency. It includes shares of stock, certificates for shares of
stock, an uncertificated security, membership interests in limited liability companies,
voting-trust certificates, warrants and options to purchase
securities, subscription rights, interim receipts, interim
certificates, promissory notes, all forms of commercial paper,
evidences of indebtedness, bonds, debentures, land trust
certificates, fee certificates, leasehold certificates, syndicate
certificates, endowment certificates, interests in or under profit-sharing or participation
agreements, interests in or under oil, gas, or mining leases, preorganization or reorganization
subscriptions,
preorganization certificates, reorganization
certificates,
interests in any trust or
pretended
trust, any investment contract, any life settlement
interest, any
instrument evidencing a promise or an agreement to
pay money,
warehouse receipts for intoxicating liquor, and the currency of
any
government other than those of the United States and Canada,
but
sections 1707.01 to 1707.45 of the Revised Code do not apply
to
the sale of real estate.
(C)(1) "Sale" has the full meaning of "sale" as applied by
or accepted in courts of law or equity, and includes every
disposition, or attempt to dispose, of a security or of an
interest in a security. "Sale" also includes a contract to sell,
an exchange, an attempt to sell, an option of sale, a
solicitation
of a sale, a solicitation of an offer to buy, a
subscription, or
an offer to sell, directly or indirectly, by
agent, circular,
pamphlet, advertisement, or otherwise.
(2) "Sell" means any act by which a sale is made.
(3) The use of advertisements, circulars, or pamphlets in
connection with the sale of securities in this state exclusively
to the purchasers specified in division (D) of section 1707.03 of
the Revised Code is not a sale when the advertisements,
circulars,
and pamphlets describing and offering those securities
bear a
readily legible legend in substance as follows: "This
offer is
made on behalf of dealers licensed under sections
1707.01 to
1707.45 of the Revised Code, and is confined in this
state
exclusively to institutional investors and licensed
dealers."
(4) The offering of securities by any person in
conjunction
with a licensed dealer by use of advertisement,
circular, or
pamphlet is not a sale if that person does not
otherwise attempt
to sell securities in this state.
(5) Any security given with, or as a bonus on account of,
any purchase of securities is conclusively presumed to constitute
a part of the subject of that purchase and has been "sold."
(6) "Sale" by an owner, pledgee, or mortgagee, or by a
person acting in a representative capacity, includes sale on
behalf of such party by an agent, including a licensed dealer or
salesperson.
(D) "Person," except as otherwise provided in this
chapter,
means a natural person, firm, partnership,
limited partnership,
partnership association, syndicate,
joint-stock company,
unincorporated association, trust or trustee
except where the
trust was created or the trustee designated by
law or judicial
authority or by a will, and a corporation or
limited liability
company organized under the laws of any state,
any foreign
government, or any political subdivision of a state
or foreign
government.
(E)(1) "Dealer," except as otherwise provided in this
chapter, means every person, other than a salesperson,
who engages
or professes to engage, in this state, for either all or part of
the person's time, directly or indirectly, either in the business
of the sale of securities for the person's own account, or in the
business
of the purchase or sale of securities for the account of
others in the
reasonable expectation of receiving a commission,
fee, or other
remuneration as a result of engaging in the purchase
and sale of
securities. "Dealer" does not mean any of the
following:
(a) Any issuer, including any officer, director, employee,
or trustee of, or member or manager of, or partner in, or any
general partner of, any
issuer, that sells, offers for sale, or
does any act in
furtherance of the sale of a security that
represents an economic
interest in that issuer, provided no
commission, fee, or other
similar remuneration is paid to or
received by the issuer for the
sale;
(b) Any licensed attorney, public accountant, or firm of
such attorneys or accountants, whose activities are incidental to
the practice of the attorney's, accountant's, or firm's
profession;
(c) Any person that, for the account of others, engages in
the purchase or sale of securities that are issued and
outstanding
before such purchase and sale, if a majority or more
of the equity
interest of an issuer is sold in that transaction,
and if, in the
case of a corporation, the securities sold in that
transaction
represent a majority or more of the voting power of
the
corporation in the election of directors;
(d) Any person that brings an issuer together with a
potential investor and whose compensation is not directly or
indirectly based on the sale of any securities by the issuer to
the investor;
(f) Any person that the division of securities by rule
exempts from the definition of "dealer" under division (E)(1) of
this section.
(2) "Licensed dealer" means a dealer licensed under
this
chapter.
(F)(1) "Salesman" or "salesperson" means every natural
person,
other than a dealer, who is employed, authorized, or
appointed by a dealer to
sell securities within this state.
(2) The general partners of a partnership, and the
executive
officers of a corporation or unincorporated
association, licensed
as a dealer are not salespersons
within the meaning of this
definition, nor are such clerical or other
employees of an issuer
or dealer as are employed for work to
which the sale of securities
is secondary and incidental; but the
division of securities may
require a license from any such
partner, executive officer, or
employee if it determines that
protection of the public
necessitates the licensing.
(3) "Licensed salesperson" means a
salesperson licensed
under this chapter.
(G) "Issuer" means every person who has issued, proposes
to
issue, or issues any security.
(H) "Director" means each director or trustee of a
corporation, each trustee of a trust, each general partner of a
partnership, except a partnership association, each manager of a
partnership association, and any person vested with managerial or
directory power over an issuer not having a board of directors or
trustees.
(I) "Incorporator" means any incorporator of a corporation
and any organizer of, or any person participating, other than in
a
representative or professional capacity, in the organization of
an
unincorporated issuer.
(J) "Fraud," "fraudulent," "fraudulent acts," "fraudulent
practices," or
"fraudulent transactions" means anything recognized
on or after
July 22, 1929, as such in courts of law or equity; any
device,
scheme, or artifice to defraud or to obtain money or
property by
means of any false pretense, representation, or
promise; any
fictitious or pretended purchase or sale of
securities; and any
act, practice, transaction, or course of
business relating to the
purchase or sale of securities that is
fraudulent or that has operated
or
would operate as a fraud upon
the seller or purchaser.
(K) Except as otherwise specifically provided, whenever
any
classification or computation is based upon "par value," as
applied to securities without par value, the average of the
aggregate consideration received or to be received by the issuer
for each class of those securities shall be used as the basis for
that classification or computation.
(L)(1) "Intangible property" means patents, copyrights,
secret processes, formulas, services, good will, promotion and
organization fees and expenses, trademarks, trade brands, trade
names, licenses, franchises, any other assets treated as
intangible according to generally accepted accounting principles,
and securities, accounts receivable, or contract rights having no
readily determinable value.
(2) "Tangible property" means all property other than
intangible property and includes securities, accounts receivable,
and contract rights, when the securities, accounts receivable, or
contract rights have a readily determinable value.
(M) "Public utilities" means those utilities defined in
sections 4905.02, 4905.03, 4907.02, and 4907.03 of the Revised
Code; in the case of a foreign corporation, it means those
utilities defined as public utilities by the laws of its
domicile;
and in the case of any other foreign issuer, it means
those
utilities defined as public utilities by the laws of the
situs of
its principal place of business. The term always
includes
railroads whether or not they are so defined as public
utilities.
(N) "State" means any state of the United States, any
territory or possession of the United States, the District of
Columbia, and any province of Canada.
(O) "Bank" means any bank, trust company, savings and loan
association, savings bank, or credit union that is
incorporated or
organized
under the laws of the United States, any state of the
United
States, Canada, or any province of Canada and that is
subject to
regulation or supervision by that country, state, or
province.
(P) "Include," when used in a definition, does not exclude
other things or persons otherwise within the meaning of the term
defined.
(Q)(1) "Registration by description" means that the
requirements of section 1707.08 of the Revised Code have been
complied with.
(2) "Registration by qualification" means that the
requirements of sections 1707.09 and 1707.11 of the Revised Code
have been complied with.
(3) "Registration by coordination" means that there has
been
compliance with section 1707.091 of the Revised Code.
Reference in
this chapter to registration by qualification also
shall be deemed
to include registration by coordination unless
the context
otherwise indicates.
(R) "Intoxicating liquor" includes all liquids and
compounds
that contain more than three and two-tenths per cent of
alcohol by
weight and are fit for use for beverage purposes.
(S) "Institutional investor" means any corporation, bank,
insurance company, pension fund or pension fund trust, employees'
profit-sharing fund or employees' profit-sharing trust, any
association engaged, as a substantial part of its business or
operations, in purchasing or holding securities, or any trust in
respect of which a bank is trustee or cotrustee. "Institutional
investor" does not include any business entity formed for the
primary purpose of evading sections 1707.01 to 1707.45 of the
Revised Code.
(T) "Securities Act of 1933," 48 Stat. 74, 15 U.S.C.
77a,
"Securities Exchange Act of 1934," 48 Stat. 881,
15 U.S.C. 78a,
"Internal Revenue Code of
1986," 100 Stat. 2085, 26 U.S.C. 1,
"Investment Advisers
Act of 1940," 54 Stat. 847, 15 U.S.C. 80b,
and
"Investment Company Act of 1940," 54 Stat.
789, 15 U.S.C. 80a
mean the federal
statutes of those names as amended before or
after March 18, 1999.
(U) "Securities and exchange commission" means the
securities and exchange commission established by the Securities
Exchange Act of 1934.
(V)(1) "Control bid" means the purchase of or offer to
purchase any equity security of a subject company from a resident
of this state if either of the following applies:
(a) After the purchase of that security, the offeror would
be directly or indirectly the beneficial owner of more than ten
per cent of any class of the issued and outstanding equity
securities of the issuer.
(b) The offeror is the subject company, there is a pending
control bid by a person other than the issuer, and the number of
the issued and outstanding shares of the subject company would be
reduced by more than ten per cent.
(2) For purposes of division (V)(1) of this section,
"control bid" does not include any of the following:
(a) A bid made by a dealer for the dealer's own account in
the
ordinary course of business of buying and selling securities;
(b) An offer to acquire any equity security solely in
exchange for any other security, or the acquisition of any equity
security pursuant to an offer, for the sole account of the
offeror, in good faith and not for the purpose of avoiding the
provisions of this chapter, and not involving any public offering
of the other security within the meaning of Section 4 of Title I
of the "Securities Act of 1933," 48 Stat. 77, 15 U.S.C.A. 77d(2),
as amended;
(c) Any other offer to acquire any equity security, or the
acquisition of any equity security pursuant to an offer, for the
sole account of the offeror, from not more than fifty persons, in
good faith and not for the purpose of avoiding the provisions of
this chapter.
(W) "Offeror" means a person who makes, or in any way
participates or aids in making, a control bid and includes
persons
acting jointly or in concert, or who intend to exercise
jointly or
in concert any voting rights attached to the
securities for which
the control bid is made and also includes
any subject company
making a control bid for its own securities.
(X)(1) "Investment adviser" means any person
who, for
compensation, engages in the business of advising
others, either
directly or through publications or writings, as
to the value of
securities or as to the advisability of investing
in, purchasing,
or selling securities, or who, for compensation
and as a part of
regular business, issues or promulgates analyses
or reports
concerning securities.
(2) "Investment adviser" does not mean any of the following:
(a) Any attorney, accountant, engineer, or teacher, whose
performance of
investment advisory services described in division
(X)(1) of this
section is solely incidental to the practice of the
attorney's,
accountant's, engineer's, or teacher's profession;
(b) A publisher of any bona fide
newspaper, news magazine,
or business or financial publication of
general and regular
circulation;
(c) A person who acts solely as an investment adviser
representative;
(d) A bank holding company, as defined in the "Bank
Holding
Company Act of 1956," 70 Stat.
133, 12 U.S.C. 1841, that is not an
investment
company;
(e) A bank, or any receiver, conservator, or other
liquidating
agent of a bank;
(f) Any licensed dealer or licensed salesperson whose
performance
of investment advisory services described in division
(X)(1) of this
section is solely incidental to the conduct of the
dealer's or salesperson's
business as a licensed dealer or
licensed salesperson and who receives no
special compensation for
the services;
(g) Any person, the advice, analyses, or reports of which do
not
relate to securities other than securities that are direct
obligations of, or
obligations guaranteed as to principal or
interest by, the United
States, or securities issued or guaranteed
by corporations in which
the United States has a direct or
indirect interest, and
that have been designated by the secretary
of the treasury as exempt
securities as defined in the "Securities
Exchange
Act of 1934," 48 Stat. 881, 15 U.S.C. 78c;
(h) Any person that is excluded from the definition of
investment adviser pursuant to section
202(a)(11)(A) to (E) of the
"Investment Advisers Act of 1940," 15 U.S.C.
80b-2(a)(11), or that
has received an
order from the securities and exchange commission
under section
202(a)(11)(F) of the "Investment Advisers Act of
1940," 15 U.S.C.
80b-2(a)(11)(F), declaring that the person is not
within the intent of section
202(a)(11) of the Investment Advisers
Act of 1940.
(i) A person who acts solely as a state retirement system investment officer or as a bureau of workers' compensation chief investment officer;
(j) Any other person that the division designates by rule,
if the
division finds that the designation is necessary or
appropriate in the public
interest or for the protection of
investors or clients and consistent with the
purposes fairly
intended by the policy and provisions of this chapter.
(Y)(1) "Subject company" means an issuer that satisfies
both
of the following:
(a) Its principal place of business or its principal
executive office is located in this state, or it owns or controls
assets located within this state that have a fair market value of
at least one million dollars.
(b) More than ten per cent of its beneficial or record
equity security holders are resident in this state, more than ten
per cent of its equity securities are owned beneficially or of
record by residents in this state, or more than one thousand of
its beneficial or record equity security holders are resident in
this state.
(2) The division of securities may adopt rules to
establish
more specific application of the provisions set forth
in division
(Y)(1) of this section. Notwithstanding the
provisions set forth
in division (Y)(1) of this section and any
rules adopted under
this division, the division, by rule or in an
adjudicatory
proceeding, may make a determination that an issuer
does not
constitute a "subject company" under division (Y)(1) of
this
section if appropriate review of control bids involving the
issuer
is to be made by any regulatory authority of another
jurisdiction.
(Z) "Beneficial owner" includes any person who directly or
indirectly through any contract, arrangement, understanding, or
relationship has or shares, or otherwise has or shares, the power
to vote or direct the voting of a security or the power to
dispose
of, or direct the disposition of, the security.
"Beneficial
ownership" includes the right, exercisable within
sixty days, to
acquire any security through the exercise of any
option, warrant,
or right, the conversion of any convertible
security, or
otherwise. Any security subject to any such option,
warrant,
right, or conversion privilege held by any person shall
be deemed
to be outstanding for the purpose of computing the
percentage of
outstanding securities of the class owned by that
person, but
shall not be deemed to be outstanding for the purpose
of computing
the percentage of the class owned by any other
person. A person
shall be deemed the beneficial owner of any
security beneficially
owned by any relative or spouse or relative
of the spouse residing
in the home of that person, any trust or
estate in which that
person owns ten per cent or more of the
total beneficial interest
or serves as trustee or executor, any
corporation or entity in
which that person owns ten per cent or
more of the equity, and any
affiliate or associate of that
person.
(AA) "Offeree" means the beneficial or record owner of any
security that an offeror acquires or offers to acquire in
connection with a control bid.
(BB) "Equity security" means any share or similar
security,
or any security convertible into any such security, or
carrying
any warrant or right to subscribe to or purchase any
such
security, or any such warrant or right, or any other
security
that, for the protection of security holders, is treated
as an
equity security pursuant to rules of the division of
securities.
(CC)(1) "Investment adviser representative" means a
supervised
person of an investment adviser, provided that
the
supervised
person has more than five clients who are
natural
persons other
than excepted persons defined in division
(EE)
of
this section,
and that more than ten per cent of the
supervised
person's clients
are natural persons other than excepted persons
defined in
division
(EE) of this section. "Investment adviser
representative" does not mean any of the following:
(a) A supervised person that does not on a regular basis
solicit,
meet with, or otherwise communicate with clients of the
investment adviser;
(b) A supervised person that provides only investment
advisory
services described in division (X)(1) of this section by
means of
written materials or oral statements that do not purport
to meet the
objectives or needs of specific individuals or
accounts;
(c) Any other person that the division designates
by rule,
if the division finds that the designation is necessary
or
appropriate in the public interest or for the protection of
investors or clients and is consistent with the provisions
fairly
intended by the policy and provisions of this
chapter.
(2) For the purpose of the calculation of clients in
division
(CC)(1) of this section, a
natural person and the
following persons are deemed a single
client: Any minor child of
the natural person; any relative,
spouse, or relative of the
spouse of the natural person who has
the same principal residence
as the natural person; all accounts
of which the natural person or
the persons referred to in
division
(CC)(2) of this
section
are
the only primary beneficiaries; and all trusts of
which the
natural person or persons referred to in division
(CC)(2) of
this
section are the
only primary beneficiaries. Persons who are
not
residents of the
United States
need not be included in the
calculation of clients
under division
(CC)(1) of this section.
(3) If subsequent to March 18, 1999, amendments are enacted
or adopted defining "investment adviser representative" for
purposes of the
Investment
Advisers Act of 1940 or additional
rules
or regulations are promulgated by the securities and
exchange
commission regarding the definition of "investment
adviser
representative" for purposes of the
Investment Advisers
Act of 1940, the division of
securities shall, by rule, adopt the
substance of the
amendments, rules, or regulations, unless the
division finds
that the amendments, rules, or regulations are not
necessary for
the protection of investors or in the public
interest.
(DD) "Supervised person" means a natural person who is
any
of the
following:
(1) A partner, officer, or director of an investment
adviser, or other
person occupying a similar status or performing
similar functions with respect
to an investment adviser;
(2) An employee of an investment adviser;
(3) A person who provides investment advisory services
described in
division (X)(1) of this section on behalf of the
investment adviser
and is subject to the supervision and control
of the investment adviser.
(EE) "Excepted person" means a natural person to whom
any of
the following applies:
(1) Immediately after entering into the investment advisory
contract with
the investment adviser, the person has at least
seven hundred fifty thousand
dollars
under the management of the
investment adviser.
(2) The investment adviser reasonably believes either of the
following at
the time the investment advisory contract is entered
into with the person:
(a) The person has a net
worth, together with assets held
jointly with a spouse, of more than one
million five hundred
thousand dollars.
(b) The person is a qualified purchaser as
defined in
division (FF)
of this section.
(3) Immediately prior to entering into an investment
advisory contract with the investment adviser, the person is
either of the following:
(a) An executive officer, director,
trustee, general
partner, or person serving in a similar
capacity, of the
investment adviser;
(b) An employee of the investment
adviser, other than an
employee performing solely clerical,
secretarial, or
administrative functions or duties for the
investment adviser,
which employee, in connection with the
employee's regular
functions or duties, participates in the
investment activities of
the investment adviser, provided that,
for at least twelve months,
the employee has been performing
such nonclerical, nonsecretarial,
or nonadministrative functions
or duties for or on behalf of the
investment adviser or
performing substantially similar functions
or duties for or on
behalf of another company.
If subsequent to March 18, 1999,
amendments are enacted or
adopted defining "excepted person" for
purposes of the Investment
Advisers Act of 1940 or additional rules
or regulations are
promulgated by the securities and exchange
commission regarding
the definition of "excepted person" for
purposes of the Investment
Advisers
Act of 1940, the division of
securities shall, by rule,
adopt the substance of the
amendments, rules, or regulations,
unless the division finds
that the amendments, rules, or
regulations are not necessary for
the protection of investors or
in the public interest.
(FF)(1) "Qualified purchaser" means either of the
following:
(a) A natural person who owns
not less than five million
dollars in investments as defined by
rule by the division of
securities;
(b) A natural person, acting for
the person's own account or
accounts of other qualified
purchasers, who in the aggregate owns
and invests on a
discretionary basis, not less than twenty-five
million dollars
in investments as defined by rule by the division
of
securities.
(2) If subsequent to March 18, 1999, amendments are
enacted
or adopted defining "qualified purchaser" for purposes of the
Investment Advisers Act of 1940 or additional rules
or regulations
are promulgated by the securities and exchange
commission
regarding the definition of "qualified purchaser" for
purposes of
the Investment Advisers Act of 1940, the division of
securities
shall, by rule, adopt the amendments, rules, or
regulations,
unless the division finds that the amendments,
rules, or
regulations are not necessary for the protection of
investors or
in the public interest.
(GG)(1) "Purchase" has the full meaning of "purchase" as
applied
by or accepted in courts of law or equity and includes
every acquisition of,
or attempt to acquire, a security or an
interest in a security. "Purchase"
also includes a contract to
purchase, an exchange, an attempt to purchase, an
option to
purchase, a solicitation of a purchase, a
solicitation of an offer
to sell, a subscription, or an offer to purchase,
directly or
indirectly, by agent, circular, pamphlet, advertisement, or
otherwise.
(2) "Purchase" means any act by which a purchase is made.
(3) Any security given with, or as a bonus on account of,
any purchase of
securities is conclusively presumed to constitute
a part of the subject of
that purchase.
(HH) "Life settlement interest" means the entire
interest or
any fractional interest in an insurance policy or
certificate of
insurance, or in an insurance benefit under such a
policy or
certificate,
that is the subject of a life settlement
contract.
For purposes of this division, "life settlement contract"
means an
agreement for the purchase, sale, assignment, transfer,
devise, or
bequest of any portion of the death benefit or
ownership of any life
insurance policy or contract, in return for
consideration or any other
thing of value that is less than the
expected death benefit of the
life insurance policy or contract.
"Life settlement contract"
includes a viatical settlement contract
as defined in section
3916.01 of the Revised Code, but does not
include any of the
following:
(1) A loan by an insurer under the terms of a life insurance
policy, including, but not limited to, a loan secured by the cash
value of
the policy;
(2) An agreement with a bank that takes an assignment of a
life
insurance policy as collateral for a loan;
(3) The provision of accelerated benefits as defined in
section
3915.21 of the Revised Code;
(4) Any agreement between an insurer and a reinsurer;
(5) An agreement by an individual to purchase an existing
life
insurance policy or contract from the original owner of the
policy
or contract, if the individual does not enter into more
than one
life settlement contract per calendar year;
(6) The initial purchase of an insurance policy or
certificate of
insurance from its owner by a viatical settlement
provider, as defined
in section 3916.01 of the Revised Code, that
is
licensed under
Chapter 3916. of the Revised
Code.
(II) "State retirement system" means the public employees retirement system, Ohio police and fire pension fund, state teachers retirement system, school employees retirement system, and state highway patrol retirement system.
(JJ) "State retirement system investment officer" means an individual employed by a state retirement system as a chief investment officer, assistant investment officer, or the person in charge of a class of assets or in a position that is substantially equivalent to chief investment officer, assistant investment officer, or person in charge of a class of assets.
(KK) "Bureau of workers' compensation chief investment officer" means an individual employed by the bureau of workers' compensation as a chief investment officer in a position that is substantially equivalent to a chief investment officer.
Sec. 1707.164. (A) No person shall act as a bureau of workers' compensation chief investment officer unless the person is licensed as a bureau of workers' compensation chief investment officer by the division of securities.
(B) No bureau of workers' compensation chief investment officer shall act as a dealer, salesperson, investment advisor, or investment advisor representative.
Sec. 1707.165. (A) Application for a bureau of workers' compensation chief investment officer's license shall be made in accordance with this section by filing with the division of securities the information, materials, and forms specified in rules adopted by the division.
(B) The division may investigate any applicant for a license and may require any additional information as it considers necessary to determine the applicant's business repute and qualifications to act as a chief investment officer. If the application for a bureau of workers' compensation chief investment officer's license involves investigation outside of this state, the applicant may be required by the division to advance sufficient funds to pay any of the actual expenses of the investigation. The division shall furnish the applicant with an itemized statement of the expenses the applicant is required to pay.
(C) The division shall by rule require an applicant for a bureau of workers' compensation chief investment officer's license to pass an examination designated by the division or achieve a specified professional designation unless the applicant meets both of the following requirements:
(1) Acts as a bureau of workers' compensation chief investment officer on the effective date of this section;
(2) Has experience or education acceptable to the division.
(D) If the division finds that the applicant is of good business repute, appears to be qualified to act as a bureau of workers' compensation chief investment officer, and has complied with this chapter and rules adopted by the division under this chapter, the division, upon receipt of the fees prescribed by division (B) of section 1707.17 of the Revised Code, shall issue to the applicant a license authorizing the applicant to act as a bureau of workers' compensation chief investment officer.
Sec. 1707.17. (A)(1) The license of every dealer in and
salesperson of securities shall expire on the thirty-first day of
December of each year, and may be renewed upon the filing with the
division
of securities of an application for renewal, and the
payment of
the fee prescribed in this section. The
division
shall
give notice, without unreasonable delay, of its
action on
any
application for renewal of a dealer's or
salesperson's license.
(2) The license of every investment adviser and
investment
adviser representative licensed under section
1707.141 or 1707.161
of the Revised Code shall
expire on the thirty-first day of
December of each year.
The licenses may be renewed upon the
filing with the division of
an application for renewal, and the
payment of the
fee prescribed in division (B) of this section.
The
division shall give notice, without unreasonable delay, of its
action on any application for renewal.
(3) An investment adviser required to make a notice filing
under division (B) of section 1707.141 of the
Revised Code
annually shall file with the division
the notice filing and the
fee prescribed in division (B)
of this section, no later than the
thirty-first day of
December of each year.
(4) The license of every state retirement system investment officer licensed under section 1707.163 of the Revised Code and the license of a bureau of workers' compensation chief investment officer issued under section 1707.165 of the Revised Code shall expire on the thirtieth day of June of each year. The licenses may be renewed on the filing with the division of an application for renewal, and the payment of the fee prescribed in division (B) of this section. The division shall give notice, without unreasonable delay, of its action on any application for renewal.
(B)(1) The fee for each dealer's license, and for each
annual
renewal thereof, shall be
one
hundred
dollars.
(2) The fee for each salesperson's license,
and for each
annual
renewal thereof, shall be fifty dollars.
(3) The fee for each investment adviser's license, and
for
each annual renewal thereof, shall be
fifty dollars.
(4) The fee for each investment adviser notice filing
required
by division (B) of section 1707.141 of the Revised
Code
shall be
fifty dollars.
(5) The fee for each investment adviser representative's
license, and for each annual renewal thereof, shall
be
thirty-five
dollars.
(6) The fee for each state retirement system investment officer's license, and for each annual renewal thereof, shall be fifty dollars.
(7) The fee for a bureau of workers' compensation chief investment officer's license, and for each annual renewal thereof, shall be fifty dollars.
(C) A dealer's, salesperson's, investment adviser's,
investment
adviser representative's, bureau of workers' compensation chief investment officer's, or state retirement system investment officer's license may be issued at any
time for
the remainder of the calendar year. In that event, the
annual
fee shall not be reduced.
Sec. 1707.19. (A) An original license, or a renewal
thereof,
applied for by a dealer or salesperson of securities,
or
by an investment adviser, investment adviser
representative, bureau of workers' compensation chief investment officer, or state retirement system investment officer,
may be
refused, and any such license granted may be suspended and,
after
notice and hearing in accordance with Chapter 119. of
the
Revised Code, may
be revoked, by the division
of securities, if
the division determines that the
applicant or
the licensed dealer,
salesperson, investment adviser, investment adviser
representative, bureau of workers' compensation chief investment officer, or state retirement system investment officer:
(1) Is not of good business repute;
(2) Is conducting an illegitimate or fraudulent business;
(3) Is, in the case of a dealer or investment
adviser,
insolvent;
(4) Has
knowingly violated any provision of
sections
1707.01 to 1707.45 of the Revised Code, or any
regulation
or order
made thereunder;
(5) Has knowingly
made a false statement
of a material fact
or an omission of a material fact in an
application for a license,
in a
description or application that
has been filed, or in any
statement made to the division under
such sections;
(6) Has refused to comply with any lawful order or
requirement of the division under section 1707.23 of the Revised
Code;
(7) Has been guilty of any fraudulent act in connection
with
the sale of any securities or in connection with acting as an
investment adviser, investment adviser representative, bureau of workers' compensation chief investment officer, or state retirement system investment officer;
(8) Conducts business in purchasing or selling securities
at
such variations from the existing market as in the light of
all
the circumstances are unconscionable;
(9) Conducts business in violation of such rules and
regulations as the division prescribes for the protection of
investors, clients, or prospective clients;
(10)(a) Has failed to furnish to the division any
information
with respect to the
purchases or sales of securities
within this
state that may
be reasonably requested by the division
as pertinent to the
protection of investors in this state.
(b) Has failed to furnish to the division any
information
with respect to acting as an investment adviser, investment
adviser representative, bureau of workers' compensation chief investment officer, or state retirement system investment officer within this state
that may be reasonably
requested by the division.
(B) For the protection of investors the division may
prescribe
reasonable rules defining fraudulent, evasive,
deceptive, or
grossly unfair practices or devices in the purchase
or sale of
securities.
(C) For the protection of investors, clients, or
prospective
clients, the division may prescribe reasonable rules
regarding the
acts and practices of an investment adviser or an
investment
adviser representative.
(D) Pending any investigation or hearing provided for in
sections 1707.01 to 1707.45 of the Revised Code, the
division may
order the suspension of any dealer's,
salesperson's, investment
adviser's, investment adviser
representative's, bureau of workers' compensation chief investment officer's, or state retirement system investment officer's
license by
notifying the party concerned of such suspension and
the cause for
it. If it is a salesperson whose license
is
suspended, the
division shall also notify the dealer employing
the salesperson.
If it is an investment adviser representative
whose license is
suspended, the division also shall notify the investment
adviser
with whom the investment adviser representative is employed or
associated. If it is a state retirement system investment officer whose license is suspended, the division shall also notify the state retirement system with whom the state retirement system investment officer is employed. If it is a bureau of workers' compensation chief investment officer whose license is suspended, the division shall also notify the bureau of workers' compensation.
(E)(1) The suspension or revocation of the dealer's license
suspends the licenses of all the
dealer's salespersons.
(2) The suspension or revocation of the investment
adviser's
license suspends the licenses of all the investment adviser's
investment adviser representatives. The suspension or
revocation
of an investment adviser's registration under
section 203 of the
"Investment Advisers Act
of 1940," 15 U.S.C.
80b-3, suspends the
licenses of all the investment
adviser's investment adviser
representatives.
(F) It is sufficient cause for refusal, revocation, or
suspension of the license in case of a partnership, partnership
association, corporation, or unincorporated association if any
general partner of the partnership, manager of
the partnership
association, or executive officer of the corporation or
unincorporated association is not of good business repute or has
been guilty of any act or omission which would be cause for
refusing or revoking the license of an individual dealer,
salesperson, investment adviser, or investment
adviser
representative.
Sec. 1707.20. (A) The division of securities may adopt,
amend, and rescind such rules, forms, and orders as are necessary
to carry out sections 1707.01 to 1707.45 of the Revised Code,
including rules and forms governing registration statements,
applications, and reports, and defining any terms, whether or not
used in sections 1707.01 to 1707.45 of the Revised Code, insofar
as the definitions are not inconsistent with these
sections. For
the purpose of rules and forms, the division may
classify
securities, persons, and matters within its
jurisdiction, and
prescribe different requirements for different
classes.
(B) No rule, form, or order may be made, amended, or
rescinded unless the division finds that the action
is necessary
or appropriate in the public interest or for the
protection of
investors, clients, prospective clients, or state retirement systems, or the workers' compensation system and
consistent with the
purposes fairly
intended by the policy and provisions of sections
1707.01 to
1707.45 of the Revised Code. In prescribing rules and
forms and
in otherwise administering sections 1707.01 to 1707.45
of the
Revised Code, the division may cooperate with the
securities administrators of the other states and the securities
and exchange commission with a view of effectuating the policy of
this section to achieve maximum uniformity in the form and
content
of registration statements, applications, reports, and
overall
securities regulation wherever practicable.
(C) The division may by rule or order
prescribe:
(1) The form and content of financial statements required
under sections 1707.01 to 1707.45 of the Revised Code;
(2) The circumstances under which consolidated financial
statements shall be filed;
(3) Whether any required financial statements shall be
certified by independent or certified public accountants. All
financial statements shall be prepared in accordance with
generally accepted accounting practices.
(D) All rules and forms of the division
shall be published;
and in addition to fulfilling the
requirements of Chapter
119. of
the Revised Code,
the division shall prescribe, and shall publish
and make
available its rules regarding the sale of securities, the
administration of sections 1707.01 to 1707.45 of the Revised
Code,
and the procedure and practice before the division.
(E) No provision of sections 1707.01 to 1707.45 of the
Revised Code imposing any liability applies to any act done or
omitted in good faith in conformity with any rule, form, or order
of the division of securities, notwithstanding that the rule,
form, or order may later be amended or rescinded or be determined
by judicial or other authority to be invalid for any reason,
except that the issuance of an order granting effectiveness to a
registration under section 1707.09 or 1707.091 of the Revised
Code
for the purposes of this division shall not be deemed an
order
other than as the establishment of the fact of
registration.
Sec. 1707.22. Whenever a dealer's,
salesperson's, investment adviser's, investment adviser
representative's, bureau of workers' compensation chief investment officer's, or state retirement system investment officer's license has been refused,
suspended, or revoked, or a renewal thereof has been denied, by the division
of securities, or whenever the division has refused to qualify securities or
has suspended or revoked the registration of any particular security by
description or by qualification, or the right to buy, sell, or deal in any
particular security whether it is registered or qualified or exempt, or
whether the transactions in it are registered or exempt, the aggrieved party
may appeal in accordance with Chapter 119. of the Revised Code.
An order sustaining the refusal of the division to grant or renew a
dealer's,
salesperson's, investment adviser's,
investment adviser representative's, bureau of workers' compensation chief investment officer's, or state retirement system investment officer's license or to grant qualification of
securities, or an order sustaining
the division in suspending or revoking a dealer's,
salesperson's, investment adviser's, investment adviser
representative's, bureau of workers' compensation chief investment officer's, or state retirement system investment officer's license, the
registration of any particular security by description or by qualification, or
the right to buy, sell, or deal in any particular security, shall not bar,
after ten days from the order, a new registration by
description, or a new
application of the plaintiff for such a license or qualification or for a
withdrawal of a revocation or suspension; nor shall an order in favor of
the plaintiff prevent the division, after proper notice and hearing, from
thereafter revoking or suspending such license, registration, or right to buy,
sell, or deal in a particular security, for any proper cause which may, after
the order, accrue or be discovered.
Sec. 1707.23. Whenever it appears to the division of
securities, from its files, upon complaint, or otherwise, that
any
person has engaged in, is engaged in, or is about to engage
in any
practice declared to be illegal or prohibited by this chapter or
rules adopted under
this chapter by the
division, or defined as
fraudulent in this chapter or rules
adopted under this chapter
by the division, or any other
deceptive scheme or practice in
connection
with the sale of securities, or acting as a dealer, a salesperson, an investment
adviser,
investment adviser representative, bureau of workers' compensation chief investment officer, or state retirement system investment officer or when the division
believes it
to be in the best interests of the public and
necessary for the
protection of investors, the division may do any
of the following:
(A) Require any person to file with it, on such forms as
it
prescribes, an original or additional statement or report in
writing, under oath or otherwise, as to any facts or
circumstances
concerning the issuance, sale, or offer for sale of
securities
within this state by the person,
as to the person's acts or
practices as a dealer, a salesperson, an investment adviser, investment
adviser
representative, bureau of workers' compensation chief investment officer, or state retirement system investment officer within this state, and as to other
information as
it deems material or relevant thereto;
(B) Examine any investment adviser, investment adviser
representative, state retirement system investment officer, bureau of workers' compensation chief investment officer, or
any
seller, dealer, salesperson, or issuer of
any
securities, and any of their agents, employees, partners,
officers, directors, members, or shareholders, wherever located,
under oath; and examine and produce records, books, documents, accounts,
and
papers as the division deems material or relevant to the
inquiry;
(C) Require the attendance of witnesses, and the
production
of books, records, and papers, as are required
either by the
division or by any party to a hearing before the
division, and for
that purpose issue a subpoena for any witness,
or a subpoena duces
tecum to compel the production of any books,
records, or papers.
The subpoena shall be served by
personal service or by certified
mail, return receipt requested. If the subpoena is returned
because of inability to deliver, or if no return is received
within thirty days of the date of mailing, the subpoena may be
served by ordinary mail. If no return of ordinary mail is
received within thirty days after the date of mailing, service
shall be deemed to have been made. If the subpoena is returned
because of inability to deliver, the division may designate a
person or persons to effect either personal or residence service
upon the witness. The person designated to effect personal or
residence
service under this division may be the sheriff of the
county
in which the witness resides or may be found or any other
duly
designated person. The fees and mileage of the person
serving
the subpoena shall be the same as those allowed by the
courts of
common pleas in criminal cases, and shall be paid from
the funds
of the division. Fees and mileage for the witness shall
be the
same as those allowed for witnesses by the courts of common
pleas
in criminal cases, and shall be paid from the funds of the
division upon request of the witness following the hearing.
(D) Initiate criminal proceedings under section 1707.042
or
1707.44 of the Revised Code or rules adopted under those sections
by the
division by laying before the prosecuting
attorney of the
proper county any evidence of criminality which
comes to its
knowledge; and in the event of the neglect or
refusal of the
prosecuting attorney to prosecute such violations,
or at the
request of the prosecuting attorney, the division shall
submit the
evidence to the attorney general, who may
proceed in
the
prosecution with all the rights, privileges, and powers
conferred
by law on prosecuting attorneys, including the power to
appear
before grand juries and to interrogate witnesses before
such grand
juries.
(E) Require any dealers
immediately to furnish to
the
division
copies of prospectuses, circulars, or advertisements
respecting
securities that they publish or generally
distribute,
or require
any investment advisers immediately
to furnish to the
division
copies of brochures, advertisements,
publications,
analyses,
reports, or other writings that they
publish or
distribute;
(F) Require any dealers to mail to the division, prior to
sale, notices of intention to sell, in respect to all securities
which are not exempt under section 1707.02 of the Revised Code,
or
which are sold in transactions not exempt under section
1707.03 or
1707.04 of the Revised Code;
(G) Issue and cause to be served by certified mail upon
all
persons affected an order requiring the person or persons to
cease
and desist from the acts or practices appearing to the
division to
constitute violations of this chapter or rules adopted under
this chapter by the
division. The order shall state specifically
the
section or sections of this
chapter or the rule or
rules
adopted under this chapter by the division that
appear to the
division to have been violated and
the facts constituting the
violation. If after the issuance of
the order it appears to the
division that any
person or persons affected by the order have
engaged in any act
or practice from which the person or persons
shall have been
required, by the order, to cease and desist, the
director of
commerce may apply to the court of common pleas of any
county
for, and upon proof of the validity of the order of the
division,
the delivery of the order to the person or persons
affected, and of the illegality and the continuation of the acts
or practices that are the subject of the order, the court may
grant an injunction implementing the order of the division.
(H) Issue and initiate contempt proceedings in this state
regarding
subpoenas and subpoenas duces tecum at the request of
the
securities administrator of another state, if it appears to
the
division that the activities for which the information is
sought
would violate this chapter if
the activities had occurred
in this state.
(I) The remedies provided by this section are cumulative and concurrent with any other remedy provided in this chapter, and the exercise of one remedy does not preclude or require the exercise of any other remedy.
Sec. 1707.25. In case any person fails to file any
statement or report required by sections
1707.01 to 1707.45 of the Revised Code,
to obey any subpoena the issuance
of which is provided for in those sections, or to produce
books, records, or papers, give testimony, or answer questions, as
required by those sections, the director of commerce may
apply to
a court of common pleas of any county for, and upon proof of such
failure the court may grant, an injunction
restraining the
acting as an investment adviser, investment adviser representative, bureau of workers' compensation chief investment officer, or state retirement system investment officer, or
the issuance, sale, or offer for sale of any securities by the
person or by its agents, employees, partners, officers,
directors, or shareholders, until such failure has been remedied
and other relief as the facts may warrant has been had.
Such injunctive relief is available in addition to the other
remedies provided for in sections 1707.01 to
1707.45 of the Revised Code.
Where the person refusing to comply with such order of
court is an issuer of securities, the court may enjoin the sale
by any dealer of any securities of the issuer, and the
division
of securities may revoke the qualification of the securities of
the issuer, or suspend or revoke the sale of any securities
of the issuer which have been registered by description, and
such securities shall not thereafter be sold by any dealer until
the order of the court or of the division is withdrawn.
Sec. 1707.261. (A) If a court of common pleas grants an injunction pursuant to section 1707.26 of the Revised Code, after consultation with the attorney general the director of commerce may request that court to order the defendant or defendants that are subject to the injunction to make restitution or rescission to any purchaser or holder of securities damaged by the defendant's or defendants' violation of any provision of sections 1707.01 to 1707.45 of the Revised Code.
(B) If the court of common pleas is satisfied with the sufficiency of the director's request for restitution or rescission under division (A) of this section and with the sufficiency of the proof of a substantial violation of any provision of sections 1707.01 to 1707.45 of the Revised Code, or of the use of any act, practice, or transaction declared to be illegal or prohibited or defined as fraudulent by those sections or rules adopted under those sections by the division of securities, to the material prejudice of a purchaser or holder of securities, the court may order the defendant or defendants subject to the injunction to make restitution or rescission to any purchaser or holder of securities damaged by the defendant's or defendants' violation of sections 1707.01 to 1707.45 of the Revised Code.
(C)
A court order granting restitution or rescission based upon a request made pursuant to division (A) of this section shall meet the requirements of division (B) of this section and may not be based solely upon a final order issued by the division of securities pursuant to Chapter 119. of the Revised Code or upon an action to enforce a final order issued by the division pursuant to that chapter. Notwithstanding the foregoing provision, a request for restitution or rescission pursuant to division (A) of this section may concern the same acts, practices, or transactions that were, or may later be, the subject of a division of securities action for a violation of any provision of sections 1707.01 to 1707.45 of the Revised Code. If a request for restitution or rescission pursuant to division (A) of this section concerns the same acts, practices, or transactions that were the subject of a final order issued by the division of securities pursuant to Chapter 119. of the Revised Code, the court shall review the request in accordance with division (B) of this section, and the standard of review in section 119.12 of the Revised Code shall not apply to the request.
(D) No purchaser or holder of securities who is entitled to restitution or rescission under this section shall recover, pursuant to this section or any other proceeding, a total amount in excess of the person's purchase price for the securities sold in violation of sections 1707.01 to 1707.45 of the Revised Code.
(E)(1) If a court of common pleas grants an injunction pursuant to section 1707.26 of the Revised Code against any state retirement system investment officer, after consultation with the attorney general, the director of commerce may request that court to order the state retirement system investment officer or officers that are subject to the injunction to make restitution to the state retirement system damaged by the state retirement system investment officer's or officers' violation of any provision of sections 1707.01 to 1707.45 of the Revised Code.
(2) If the court of common pleas is satisfied with the sufficiency of the director's request for restitution under division (E)(1) of this section and with the sufficiency of the proof of a substantial violation of any provision of sections 1707.01 to 1707.45 of the Revised Code, or of the use of any act, practice, or transaction declared to be illegal or prohibited or defined as fraudulent by those sections or rules adopted under those sections by the division of securities, to the material prejudice of a state retirement system, the court may order the state retirement system investment officer or officers subject to the injunction to make restitution to the state retirement system damaged by the state retirement system investment officer's or officers' violation of sections 1707.01 to 1707.45 of the Revised Code. A request for restitution pursuant to division (E)(1) of this section may concern the same acts, practices, or transactions that were, or may later be, the subject of a division of securities action for a violation of any provision of section 1707.01 to 1707.45 of the Revised Code.
(F)(1) If a court of common pleas grants an injunction pursuant to section 1707.26 of the Revised Code against a bureau of workers' compensation chief investment officer, after consultation with the attorney general, the director of commerce may request that court to order the bureau of workers' compensation chief investment officer who is subject to the injunction to make restitution to the bureau of workers' compensation damaged by the bureau of workers' compensation chief investment officer's violation of any provision of sections 1707.01 to 1707.45 of the Revised Code.
(2) If the court of common pleas is satisfied with the sufficiency of the director's request for restitution under division (F)(1) of this section and with the sufficiency of the proof of a substantial violation of any provision of sections 1707.01 to 1707.45 of the Revised Code, or of the use of any act, practice, or transaction declared to be illegal or prohibited or defined as fraudulent by those sections or rules adopted under those sections by the division of securities, to the material prejudice of the bureau of workers' compensation, the court may order the bureau of workers' compensation chief investment officer subject to the injunction to make restitution to the bureau of workers' compensation damaged by the bureau of workers' compensation chief investment officer's violation of sections 1707.01 to 1707.45 of the Revised Code. A request for restitution pursuant to division (F)(1) of this section may concern the same acts, practices, or transactions that were, or may later be, the subject of a division of securities action for a violation of any provision of section 1707.01 to 1707.45 of the Revised Code.
Sec. 1707.431. For purposes of this section, the following
persons shall not be deemed to have effected, participated in, or
aided the seller in any way in making, a sale or contract of sale
in violation of sections 1707.01 to 1707.45 of the Revised Code:
(A) Any attorney, accountant, or engineer whose
performance is incidental to the practice of the person's
profession;
(B) Any person, other than an investment adviser, investment
adviser representative, bureau of workers' compensation chief investment officer, or state retirement system investment officer, who brings any issuer together with any
potential investor, without receiving, directly or indirectly, a
commission, fee, or other remuneration based on the sale of any
securities by the issuer to the
investor. Remuneration
received by the person solely for the purpose of offsetting
the
reasonable out-of-pocket costs incurred by the person shall not
be deemed a commission, fee, or other remuneration.
Any person claiming exemption under this division for a
publicly advertised meeting shall file a notice with the division
of securities indicating an intent to cause or hold such a
meeting at least twenty-one days prior to the meeting. The
division may, upon receipt of such notice, issue an order denying
the availability of an exemption under this division not more
than fourteen days after receipt of the notice based on a
finding that the applicant is not entitled to the exemption.
Notwithstanding the notice described in this section, a failure
to file the notice does not create a presumption that a
person
was participating in or aiding in the making of a sale or
contract of sale in violation of this chapter.
(C) Any person whom the division exempts from this
provision by rule.
Sec. 1707.44. (A)(1) No person shall engage in any act or
practice that
violates division (A), (B), or (C) of section
1707.14 of the Revised
Code, and no salesperson shall sell
securities in this state without
being licensed pursuant to
section 1707.16 of the Revised Code.
(2) No person shall engage in any act or practice that
violates
division (A) of section 1707.141 or section 1707.161 of
the Revised Code.
(3) No person shall engage in any act or practice that violates section 1707.162 of the Revised Code.
(4) No person shall engage in any act or practice that violates section 1707.164 of the Revised Code.
(B) No person shall knowingly make or cause to be made any
false representation concerning a material and relevant fact, in
any oral statement or in any prospectus, circular, description,
application, or written statement, for any of the following
purposes:
(1)
Registering securities or transactions, or
exempting
securities or transactions from registration, under this
chapter;
(2) Securing the qualification of any securities under
this
chapter;
(3) Procuring the licensing of any dealer,
salesperson,
investment adviser, investment adviser
representative, bureau of workers' compensation chief investment officer, or state retirement system investment officer
under
this chapter;
(4) Selling any securities in this state;
(5) Advising for compensation, as to the value of securities
or as to the
advisability of investing in, purchasing, or selling
securities;
(6) Submitting a notice filing to the division under
division (X) of section 1707.03 or section
1707.092 or 1707.141 of
the Revised Code.
(C) No person shall knowingly
sell,
cause
to be sold, offer
for sale, or cause to be offered for
sale, any
security which
comes under any of the following
descriptions:
(1) Is not exempt under section 1707.02 of the Revised
Code,
nor the subject matter of one of the transactions exempted
in
section 1707.03, 1707.04, or
1707.34 of the Revised Code,
has not
been registered by
coordination or
qualification,
and is not the
subject matter of a transaction
that has been
registered by
description;
(2) The prescribed fees for registering by description, by
coordination, or by qualification have not been paid in respect
to
such security;
(3)
The person has been notified by the division, or has
knowledge of the notice, that the right to buy, sell, or
deal in
such security has been suspended or revoked, or that the
registration by description, by coordination, or by qualification
under which it may be sold has been suspended or revoked;
(4) The offer or sale is accompanied by a statement that
the
security offered or sold has been or is to be in any manner
indorsed by the division.
(D) No person who is an officer, director, or trustee of,
or
a dealer for, any issuer, and who knows such issuer to be
insolvent in that the liabilities of the issuer exceed its
assets,
shall sell any securities of or for any such issuer,
without
disclosing the fact of the insolvency to the
purchaser.
(E) No person with intent to aid in the sale of any
securities on behalf of the issuer, shall knowingly make any
representation not authorized by such issuer or at material
variance with statements and documents filed with the division by
such issuer.
(F) No person, with intent to deceive, shall sell, cause
to
be sold, offer for sale, or cause to be offered for sale, any
securities of an insolvent issuer, with knowledge that such
issuer
is insolvent in that the liabilities of the issuer
exceed
its
assets, taken at their fair market value.
(G) No person in purchasing or selling securities shall
knowingly
engage in any act or practice that is, in this chapter,
declared
illegal, defined as fraudulent, or prohibited.
(H) No licensed dealer shall refuse to buy from, sell to,
or
trade with any person because the person appears on a
blacklist
issued by, or is being boycotted by, any foreign
corporate or
governmental entity, nor sell any securities of or
for any issuer
who is known in relation to the issuance or sale
of
the
securities to have engaged in such practices.
(I) No dealer in securities, knowing that the dealer's
liabilities exceed the reasonable value of the dealer's
assets,
shall accept money or securities, except in payment of or as
security
for an existing debt, from a customer who is ignorant of
the dealer's insolvency, and thereby cause the customer
to lose
any part of the customer's securities or the value
of those
securities, by doing
either of the following without the
customer's consent:
(1) Pledging, selling, or otherwise disposing of such
securities, when the dealer has no lien on or any
special property
in such securities;
(2) Pledging such securities for more than the amount due,
or otherwise disposing of such securities for the dealer's
own
benefit,
when the dealer has a lien or indebtedness on such
securities.
It is an affirmative defense to a charge under this
division
that, at the time the securities involved were pledged,
sold, or
disposed of, the dealer had in the dealer's
possession
or control,
and available for delivery, securities of the same
kinds and in
amounts sufficient to satisfy all customers entitled
to the
securities, upon demand and tender of any amount
due on the
securities.
(J) No person, with purpose to deceive, shall make, issue,
publish, or cause to be made, issued, or published any statement
or advertisement as to the value of securities, or as to alleged
facts affecting the value of securities, or as to the financial
condition of any issuer of securities, when the person knows
that
such statement or advertisement is false in any material
respect.
(K) No person, with purpose to deceive, shall make,
record,
or publish or cause to be made, recorded, or published, a
report
of any transaction in securities which is false in any
material
respect.
(L) No dealer shall engage in any act that violates the
provisions of section
15(c) or 15(g) of the
"Securities Exchange
Act of 1934," 48 Stat. 881, 15
U.S.C.A. 78o(c) or (g), or any rule
or regulation promulgated by the
securities and exchange
commission thereunder. If, subsequent to
October 11, 1994,
additional amendments to section 15(c) or 15(g) are adopted, or
additional
rules or regulations are promulgated pursuant to such
sections, the division
of securities shall, by rule, adopt the
amendments, rules, or regulations,
unless the division finds that
the amendments, rules, or regulations are not
necessary for the
protection of investors or in the public interest.
(M)(1) No investment adviser or investment adviser
representative shall do any of the following:
(a) Employ any device, scheme, or artifice to defraud
any
person;
(b) Engage in any act, practice, or course of business
that
operates or would operate as a fraud or deceit upon any
person;
(c) In acting as principal for the investment adviser's or
investment adviser representative's own account, knowingly sell
any security to or purchase any security from a client, or in
acting as salesperson for a person other than such client,
knowingly effect any sale or purchase of any security for the
account of such client, without disclosing to the client in
writing before the completion of the transaction the capacity in
which the investment adviser or investment adviser
representative
is acting and obtaining the consent of the client
to the
transaction. Division (M)(1)(c)
of this section does not apply to
any investment adviser
registered with the securities and exchange
commission under
section 203 of the
"Investment Advisers Act of
1940," 15 U.S.C. 80b-3, or to
any transaction with a customer
of a
licensed dealer or salesperson if the licensed dealer or
salesperson is not acting as an investment adviser or investment
adviser representative in relation to the transaction.
(d) Engage in any act, practice, or
course of business that
is fraudulent, deceptive, or
manipulative. The division of
securities may adopt rules
reasonably designed to prevent such
acts, practices, or courses
of business
that are fraudulent,
deceptive, or manipulative.
(2) No investment adviser or investment adviser
representative licensed or required to be licensed under this
chapter shall take or have custody of any securities or funds of
any person, except as provided in rules adopted by the division.
(3) In the solicitation of clients or prospective clients,
no
person shall make any untrue statement of a material fact or
omit to state a material fact necessary in order to make the
statements made not misleading in light of the circumstances
under
which the statements were made.
(N) No person knowingly shall influence, coerce, manipulate,
or mislead any person engaged in the preparation, compilation,
review, or audit of financial statements to be used in the
purchase or sale of securities for the purpose of rendering the
financial statements materially misleading.
(O) No state retirement system investment officer shall do any of the following:
(1) Employ any device, scheme, or artifice to defraud any state retirement system;
(2) Engage in any act, practice, or course of business that operates or would operate as a fraud or deceit on any state retirement system;
(3) Engage in any act, practice, or course of business that is fraudulent, deceptive, or manipulative.
The division of securities may adopt rules reasonably designed to prevent such acts, practices, or courses of business as are fraudulent, deceptive, or manipulative;
(4) Knowingly fail to comply with any policy adopted regarding the officer established pursuant to section 145.094, 742.104, 3307.043, 3309.043, or 5505.066 5505.065 of the Revised Code.
(P) No bureau of workers' compensation chief investment officer shall do any of the following:
(1) Employ any device, scheme, or artifice to defraud the workers' compensation system;
(2) Engage in any act, practice, or course of business that operates or would operate as a fraud or deceit on the workers' compensation system;
(3) Engage in any act, practice, or course of business that is fraudulent, deceptive, or manipulative. The division of securities may adopt rules reasonably designed to prevent such acts, practices, or courses of business as are fraudulent, deceptive, or manipulative;
(4) Knowingly fail to comply with any policy adopted regarding the officer established pursuant to section 4123.441 of the Revised Code.
Sec. 1707.46. The principal executive officer of the division of securities
shall be the commissioner of securities, who shall be appointed by the
director of commerce. The commissioner of securities shall enforce all the
laws and administrative rules enacted or adopted to regulate the sale
of bonds, stocks,
and other securities and to prevent fraud in such sales.
The commissioner also shall enforce all the laws and administrative rules
enacted or adopted to regulate investment advisers, investment adviser
representatives, and state retirement system investment officers, and the bureau of workers' compensation chief investment officer and to prevent fraud in their acts, practices, and
transactions.
The commissioner shall be paid at a rate not less than pay range 47 set out in
schedule E-2 of section 124.152 of the Revised Code, to be paid as other
operating expenses of the division.
Sec. 1711.52. The advisory council on amusement ride
safety shall:
(A) Study any subject pertaining to amusement ride safety, including
administrative, engineering, and technical subjects, and make findings and
recommendations to the director of agriculture;
(B) Prior to the promulgation adoption of any rules or amendments to those rules under
division (B) of section 1711.53 and division (B) of section 1711.551 of the
Revised Code, study the proposed rules to be promulgated adopted by the director
regarding amusement ride safety, advise the director, and make findings and
recommendations to the director;
(C) Not later than December 31, 2006, prepare and submit a report to the governor, the speaker and the minority leader of the house of representatives, the president and the minority leader of the senate, and the director concerning the advisory council's recommendations for alternative funding sources for the amusement ride safety program established under this chapter.
The director shall make available to the advisory council
any information,
reports, and studies requested by the advisory council.
Sec. 1711.53. (A)(1) No person shall operate an amusement
ride within the state without a permit issued by the director of
agriculture under division (A)(2) of this section. The owner of
an amusement ride, whether the ride is a temporary amusement ride
or a permanent amusement ride, who desires to operate the
amusement ride within the state shall, prior to the operation of
the amusement ride and annually thereafter, submit to the
department of agriculture an application for a permit, together
with the appropriate permit and inspection fee, on a form to be
furnished by the department. Prior to issuing any permit the
department shall, within thirty days after the date on which it
receives the application, inspect each amusement ride described
in
the application.
The owner of an amusement ride shall have the
amusement ride ready for inspection not later than two hours after
the time that is requested by the person for the inspection.
(2) For each amusement ride found to comply with the rules
adopted by the director
under division (B) of this
section and
division (B) of section 1711.551 of the Revised Code,
the
director
shall issue an annual permit, provided that evidence
of
liability
insurance coverage for the amusement ride as required
by section
1711.54 of the Revised Code is on file with the
department.
(3) The director shall issue with each permit a decal
indicating that the amusement ride has been issued the permit.
The
owner of the amusement ride shall affix the decal on the ride
at a
location where the decal is easily visible to the patrons of
the
ride. A copy of the permit shall be kept on file at the same
address as the location of the amusement ride identified on the
permit, and shall be made available for inspection, upon
reasonable demand, by any person. An owner may operate an
amusement ride prior to obtaining a permit, provided that
the
operation is for the purpose of testing the amusement ride or
training amusement ride operators and other employees of the
owner
and the amusement ride is not open to the public.
(B) The director, in accordance with Chapter 119. of the
Revised Code, shall adopt rules providing for a schedule of
fines,
with no fine exceeding five thousand dollars, for
violations of
sections 1711.50 to 1711.57 of the Revised Code or
any rules
adopted under this division and for the
classification
of amusement rides and rules for the safe
operation
and inspection
of all amusement rides as are necessary
for
amusement ride safety
and for the protection of the general
public. Rules adopted by
the director for the safe operation and
inspection of amusement
rides shall be reasonable and based upon
generally accepted
engineering standards and practices. In
adopting rules under this
section, the director may adopt by
reference, in whole or in part,
the national fire code or the
national electrical code (NEC) prepared by
the national fire protection
association, the standards of the American society for testing and materials (ASTM) or
the American national
standards institute (ANSI), or any other
principles, tests, or standards
of nationally recognized technical
or scientific authorities.
Insofar as is practicable and
consistent with sections 1711.50 to
1711.57 of the Revised Code,
rules adopted under this division
shall be consistent with the
rules of other states. The
department shall cause sections
1711.50 to 1711.57 of the Revised
Code and the rules adopted in
accordance with this division and
division (B) of section 1711.551
of the Revised Code to be
published in pamphlet form and a copy to
be furnished without
charge to each owner of an amusement ride who
holds a current
permit or is an applicant therefor.
(C) With respect to an application for a permit for an
amusement ride, an owner may apply to the director
for a waiver or modification of any rule adopted under division
(B) of this section if there are practical difficulties or
unnecessary hardships for the amusement ride to comply with
the
rules. Any application
shall set forth the reasons for
the
request. The director, with the approval of the advisory
council
on amusement ride safety, may waive or modify the
application
of
a
rule to any amusement ride if the public safety
is secure. Any
authorization by the director under this division
shall be in
writing and shall set forth the conditions under which
the waiver
or modification is authorized, and the department shall
retain
separate records of all proceedings under this division.
(D)(1) The director shall employ and provide for training
of
a chief inspector and additional inspectors and employees as
may
be necessary to administer and enforce sections 1711.50 to
1711.57
of the Revised Code. The director may appoint or
contract with
other persons to perform inspections of amusement
rides, provided
that the persons meet the qualifications for
inspectors
established by rules adopted under division (B) of
this section
and are not owners, or employees of owners, of any
amusement ride
subject to inspection under sections 1711.50 to
1711.57 of the
Revised Code. No person shall inspect an
amusement ride who,
within six months prior to the date of
inspection, was an employee
of the owner of the ride.
(2) Before the director contracts with other persons to
inspect amusement rides, the director shall seek the advice of
the
advisory council on amusement ride safety on whether
to
contract
with
those persons.
The advice shall not be binding
upon
the
director. After having received the advice of the
council,
the
director may proceed to contract with
inspectors in
accordance
with the procedures specified in
division (E)(2) of section
1711.11 of the
Revised Code.
(3) With the advice and consent of the advisory council
on
amusement ride safety, the director may employ a special
consultant to conduct an independent investigation of an
amusement
ride accident. This consultant need not be in the
civil service
of the state, but shall have qualifications to
conduct the
investigation acceptable to the council.
(E)(1) Except as otherwise provided in division (E)(1)
of this section, the department shall charge
the
following amusement
ride
fees:
Permit |
|
$ 50 $ 150 |
Annual inspection and reinspection
per ride: |
|
|
Kiddie rides |
|
$
100 |
|
Roller coaster |
|
$
950 |
|
Aerial lifts or bungee |
|
|
|
jumping facilities |
|
$
450 |
|
Go karts |
|
$ 5 |
|
Other rides |
|
$
160 |
Midseason operational inspection
per ride |
$
25 |
Expedited inspection per ride |
$ 100 |
Failure to cancel scheduled inspection per ride |
$ 100 |
Failure to have amusement ride ready for |
|
inspection per ride |
$100 |
The go kart inspection fee is in addition to the inspection
fee for the go kart track.
The fees for an expedited inspection, failure to cancel a
scheduled inspection, and failure to have an amusement ride ready
for inspection do not apply to go karts.
As used in division (E)(1) of this section, "expedited
inspection" means an inspection of an amusement ride by the
department not later than ten days after the owner of the
amusement ride files an application for a permit under this
section.
(2) All
fees and
fines collected by the department under sections 1711.50 to
1711.57 of the Revised Code shall be deposited in the state
treasury to the credit of the amusement ride inspection fund,
which is hereby created, and shall be used only for the purpose
of
administering and enforcing sections 1711.11 and 1711.50 to
1711.57 of the Revised Code.
(3)
The owner of an amusement ride shall be required to pay a
reinspection fee only if the reinspection was conducted at the
owner's request under division (F) of this section,
if the
reinspection is required by division (F) of this section because
of an accident, or if the reinspection is required by division
(F)
of section 1711.55 of the Revised Code. If a reinspection is
conducted at the request of the chief officer of a fair,
festival,
or event where the ride is operating, the reinspection
fee shall
be charged to the fair, festival, or event.
(4)
The rules adopted under division (B) of this section
shall
define "kiddie rides," "roller
coaster," "aerial
lifts,"
"go karts," and "other rides" for
purposes of determining the
fees
under
division
(E) of
this section. The rules shall define "other rides" to include go
kart tracks.
(F) A reinspection of an amusement ride shall take place
if
an accident occurs, if the owner of the ride or the chief
officer
of the fair, festival, or event where the ride is
operating
requests a reinspection, or if the reinspection is
required by
division (F) of section 1711.55 of the Revised Code.
(G) As a supplement to its annual inspection of a
temporary
amusement ride, the department may inspect the ride
during each
scheduled event, as listed in the schedule of events
provided to
the department by the owner pursuant to division (C)
of section
1711.55 of the Revised Code, at which the ride is
operated in this
state. These supplemental inspections are in
addition to any
other inspection or reinspection of the ride as
may be required
under sections 1711.50 to 1711.57 of the Revised
Code, and the
owner of the temporary amusement ride is not
required to pay an
inspection or reinspection fee for this
supplemental inspection.
Nothing in this division shall be
construed to prohibit the owner
of a temporary amusement ride
having a valid permit to operate in
this state from operating the
ride at a scheduled event before the
department conducts a
supplemental inspection.
(H) The department
may annually conduct a midseason
operational inspection of every amusement ride upon which it
conducts an annual inspection pursuant to division (A) of this
section. The midseason operational inspection is in addition to
any other inspection or reinspection of the amusement ride as may
be required pursuant to sections 1711.50 to 1711.57 of the
Revised
Code. The owner of an amusement ride shall submit to the
department, at the time determined by the department, the
midseason operational inspection fee specified in division (E) of
this section. The director, in accordance with Chapter 119. of
the Revised Code, shall adopt rules specifying the time period
during which the department
will conduct midseason
operational
inspections.
Sec. 1711.531. (A) No person shall operate an amusement ride powered from an electric light company source unless the amusement ride operates through a fusible switch, enclosed circuit breaker, or panelboard that has been:
(1) Rated by the underwriters laboratories for service entrance applications;
(2) Installed in compliance with the national electrical code;
(3) Metered through a meter installed by the electric light company.
(B) An amusement ride owner shall not use an electric light company source as described in division (A) of this section unless the owner has written certification that the fusible switch, enclosed circuit breaker, or panelboard satisfies the requirements established in divisions (A)(1) to (3) of this section and that is issued by a person certified under section 3783.03 or licensed under section 4740.06 of the Revised Code. The owner shall make the certificate available to the director of agriculture upon request.
(C) This section does not apply to either of the following types of amusement rides:
(1) Rides that do not require electrical current;
(2) Rides that the director exempts in rules the director adopts.
(D) A person licensed pursuant to section 4740.06 of the Revised Code, when conducting an inspection pursuant to this section, is not violating section 3783.06 of the Revised Code.
(E) As used in this section, "electric light company" has the same meaning as in section 4905.03 of the Revised Code.
Sec. 1713.03. The Ohio board of regents shall establish
standards for certificates of authorization to be issued to
institutions as defined in section 1713.01 of the Revised Code, to
private institutions exempt from regulation under Chapter 3332. of
the Revised Code as prescribed in
section 3333.046 of the Revised
Code,
and to schools holding
certificates of registration issued
by the
state board of
career
colleges and schools pursuant to
division (C) of
section 3332.05
of the
Revised Code. A
certificate of
authorization may permit an
institution or school
to award one or
more types of degrees.
The standards for a certificate of authorization may
include,
for various types of institutions, schools, or degrees,
minimum
qualifications for faculty, library, laboratories, and
other
facilities as adopted and published by the Ohio board of
regents.
The standards shall be adopted by the board pursuant to
Chapter
119. of the Revised Code.
An institution or school shall apply to the board for a
certificate of authorization on forms containing such information
as is prescribed by the board. Each institution or school with a
certificate of authorization shall file an annual report with the
board in such form and containing such information as the board
prescribes.
The board shall adopt a rule under Chapter 119. of the Revised Code establishing fees to pay the cost of reviewing an application for a certificate of authorization, which the institution or school shall pay when it applies for a certificate of authorization, and establishing fees, which an institution or school shall pay, for any further reviews the board determines necessary upon examining an institution's or school's annual report.
Sec. 1751.03. (A) Each
application for a certificate of authority under this chapter
shall be verified by an officer or authorized representative of
the applicant, shall be in a format prescribed by the
superintendent of insurance, and shall set forth or be
accompanied by the following:
(1) A certified copy of the applicant's articles of
incorporation and all amendments to the articles of
incorporation;
(2) A copy of any regulations adopted for the government
of the corporation, any bylaws, and any similar documents, and a
copy of all amendments to these regulations, bylaws, and
documents. The corporate secretary shall certify that these
regulations, bylaws, documents, and amendments have been
properly adopted or approved.
(3) A list of the names, addresses, and official
positions of the persons responsible for the conduct of the
applicant, including all members of the board, the principal
officers, and the person responsible for completing or filing
financial statements with the department of insurance,
accompanied by a completed original biographical affidavit and
release of information for each of these persons on forms
acceptable to the department;
(4) A full and complete disclosure of the extent and
nature of any contractual or other financial arrangement between
the applicant and any provider or a person listed in division
(A)(3) of this section,
including, but not limited to, a full and complete disclosure of
the financial interest held by any such provider or person in
any health care facility, provider, or insurer that has entered
into a financial relationship with the health insuring
corporation;
(5) A description of the applicant, its facilities, and
its personnel, including, but not limited to, the location,
hours of operation, and telephone numbers of all contracted
facilities;
(6) The applicant's projected annual enrollee population
over a three-year period;
(7) A clear and specific description of the health care
plan or plans to be used by the applicant, including a
description of the proposed providers, procedures for accessing
care, and the form of all proposed and existing contracts
relating to the administration, delivery, or financing of health
care services;
(8) A copy of each type of evidence of coverage and
identification card or similar document to be issued to
subscribers;
(9) A copy of each type of individual or group policy,
contract, or agreement to be used;
(10) The schedule of the proposed contractual periodic
prepayments or premium rates, or both, accompanied by appropriate supporting
data;
(11) A financial plan which provides a three-year
projection of operating results, including the projected
expenses, income, and sources of working capital;
(12) The enrollee complaint procedure to be utilized as
required under section 1751.19 of the
Revised
Code;
(13) A description of the procedures and programs to be implemented on an
ongoing basis to assure the quality of health care services delivered to
enrollees, including, if applicable, a description of a quality
assurance program
complying with the requirements of
sections 1751.73 to 1751.75 of the Revised Code;
(14) A statement describing the geographic area or areas
to be served, by county;
(15) A copy of all solicitation documents;
(16) A balance sheet and other financial statements
showing the applicant's assets, liabilities, income, and other
sources of financial support;
(17) A description of the nature and extent of any
reinsurance program to be implemented, and a demonstration that
errors and omission insurance and, if appropriate, fidelity
insurance, will be in place upon the applicant's receipt of a
certificate of authority;
(18) Copies of all proposed or in force related-party or
intercompany agreements with an explanation of the financial
impact of these agreements on the applicant. If the applicant
intends to enter into a contract for managerial or
administrative services, with either an affiliated or an unaffiliated person,
the applicant shall provide a copy of the contract and a detailed description
of the person to
provide these services. The description shall include that person's
experience in managing or administering health care plans, a
copy of that person's most recent audited financial statement,
and a completed biographical affidavit on a form acceptable to
the superintendent for each of that person's principal officers
and board members and for any additional employee to be directly
involved in providing managerial or administrative services to
the health insuring corporation. If the person to provide
managerial or administrative services is affiliated with the
health insuring corporation, the contract must provide for
payment for services based on actual costs.
(19) A statement from the applicant's board that the
admitted assets of the applicant have not been and will not be
pledged or hypothecated;
(20) A statement from the applicant's board that the
applicant will submit monthly financial statements during the
first year of operations;
(21) The name and address of the applicant's
Ohio statutory agent for
service of process, notice, or demand;
(22) Copies of all documents the applicant filed with the secretary of
state;
(23) The location of those books and records of the
applicant that must be maintained, which books and records shall be
maintained in Ohio if the applicant is a domestic corporation, and
which may
be maintained either in the applicant's state of domicile or in
Ohio if the applicant is a
foreign corporation;
(24) The applicant's federal identification number,
corporate address, and mailing address;
(25) An internal and external organizational
chart;
(26) A list of the assets representing the initial net
worth of the applicant;
(27) If the applicant has a parent company, the parent
company's guaranty, on a form acceptable to the superintendent,
that the applicant will maintain
Ohio's minimum net worth. If
no parent company exists, a statement regarding the availability
of future funds if needed.
(28) The names and addresses of the applicant's actuary
and external auditors;
(29) If the applicant is a foreign corporation, a copy of the
most recent financial statements filed with the insurance
regulatory agency in the applicant's state of domicile;
(30) If the applicant is a foreign corporation, a statement
from the insurance regulatory agency of the applicant's state of
domicile stating that the regulatory agency has no objection to
the applicant applying for an Ohio license and that the
applicant is in good standing in the applicant's state of
domicile;
(31) Any other information that the superintendent may
require;
(32) Documentation acceptable to the superintendent of the bond or securities required by section 1751.271 of the Revised Code.
(B)(1) A health insuring
corporation, unless otherwise provided for in this chapter
or in section 3901.321 of the
Revised
Code,
shall file a timely notice with the superintendent describing
any change to the corporation's articles of incorporation or
regulations, or any major modification to its operations as set
out in the information required by division
(A) of this section that
affects any of the following:
(a) The solvency of the
health insuring corporation;
(b) The health insuring
corporation's continued provision of services that it has
contracted to provide;
(c) The manner in which
the health insuring corporation conducts its business.
(2) If the change or modification is to be the result of an action
to be taken by the health insuring corporation, the notice shall
be filed with the superintendent prior to the health insuring corporation
taking
the action. The action shall be deemed approved if the
superintendent does not disapprove it within sixty days of
filing.
(3) The filing of a notice pursuant to division
(B)(1) or (2) of this section
shall also serve as the submission of a notice when required for
the superintendent's review for purposes of section 3901.341 of
the Revised
Code, if the notice contains
all of the information
that section 3901.341 of the
Revised
Code requires for such
submissions and a copy of any written agreement. The filing of such a notice,
for the purpose of satisfying this
division and section 3901.341 of the
Revised
Code, shall be subject to the
sixty-day review period of division
(B)(2) of this section.
(C)(1) No health
insuring corporation shall expand its approved service area
until a copy of the request for expansion, accompanied by
documentation of the network of providers,
forms of all proposed or existing provider contracts
relating to the delivery of health care services, a schedule of
proposed contractual periodic prepayments and premium rates for
group contracts accompanied by appropriate supporting
data, enrollment
projections, plan of operation, and any other changes have been
filed with the superintendent.
(2) Within ten calendar days after receipt of a complete
filing under division (C)(1) of
this section, the superintendent shall refer the appropriate
jurisdictional issues to the director of health if required pursuant to
section 1751.04 of the Revised
Code.
(3) Within seventy-five days after the superintendent's receipt
of a complete filing under division
(C)(1) of this section, the
superintendent shall determine whether the plan for expansion is
lawful, fair, and reasonable. The If a referral is required pursuant to section 1751.04 of the Revised Code, the superintendent may not make a
determination until the superintendent has received the
director's certification of compliance, which the director shall
furnish within forty-five days after the referral under division
(C)(2) of this section. The
director shall not certify that the requirements of section
1751.04 of the Revised
Code are not met, unless the
applicant has been given an opportunity for a hearing as
provided in division (D) of
section 1751.04 of the Revised
Code. The forty-five-day and
seventy-five-day review periods provided for in division
(C)(3) of this section shall
cease to run as of the date on which the notice of the
applicant's right to request a hearing is mailed and shall
remain suspended until the director issues a final
certification.
(4) If the superintendent has not approved or disapproved
all or a portion of a service area expansion within the
seventy-five-day period provided for in division
(C)(3) of this section, the
filing shall be deemed approved.
(5) Disapproval of all or a portion of the filing shall
be effected by written notice, which shall state the grounds for
the order of disapproval and shall be given in accordance with
Chapter 119. of the Revised Code.
Sec. 1751.04. (A) Upon Except as provided by division (F) of this section, upon the
receipt by the superintendent of insurance of a complete
application for a certificate of authority to establish or
operate a health insuring corporation, which application sets
forth or is accompanied by the information and documents
required by division (A) of
section 1751.03 of the Revised
Code, the superintendent shall
transmit copies of the application and accompanying documents to
the director of health.
(B) The director shall
review the application and accompanying documents and make
findings as to whether the applicant for a certificate of
authority has done all of the following with respect to any basic health care
services and supplemental
health care services to be furnished:
(1) Demonstrated the willingness and potential ability to
ensure that all basic health care services and supplemental
health care services described in the
evidence of coverage will
be provided to all its enrollees as promptly as is appropriate
and in a manner that assures continuity;
(2) Made effective arrangements to ensure that its
enrollees have reliable access to qualified providers in those
specialties that are generally available in the geographic area
or areas to be served by the applicant and that are necessary to
provide all basic health care services and supplemental health
care services described in the evidence of
coverage;
(3) Made appropriate arrangements for the availability of
short-term health care services in emergencies within the
geographic area or areas to be served by the applicant,
twenty-four hours per day, seven days per week, and for the
provision of adequate coverage whenever an out-of-area emergency
arises;
(4) Made appropriate arrangements for an ongoing evaluation and assurance
of the quality of health care services provided to enrollees,
including, if applicable, the development of a quality assurance program
complying with the
requirements of sections 1751.73 to 1751.75 of the Revised Code, and the adequacy
of the personnel, facilities, and equipment by or through which the services
are rendered;
(5) Developed a procedure to gather and report statistics
relating to the cost and effectiveness of its operations, the
pattern of utilization of its services, and the quality,
availability, and accessibility of its services.
(C) Within ninety days of the director's receipt of the
application for
issuance of a certificate of authority, the director shall
certify to the superintendent whether or not the applicant meets
the requirements of division (B) of this section and sections 3702.51
to 3702.62 of the Revised Code. If the director
certifies that the applicant does not meet these requirements,
the director shall specify in what respects it is deficient.
However, the director shall not certify that the requirements of
this section are not met unless the applicant has been given an
opportunity for a hearing.
(D) If the applicant
requests a hearing, the director shall hold a hearing before
certifying that the applicant does not meet the requirements of
this section. The hearing shall be held in accordance with
Chapter 119. of the
Revised Code.
(E) The
ninety-day review period provided for under division
(C) of this section shall cease
to run as of the date on which the notice of the applicant's
right to request a hearing is mailed and shall remain suspended
until the director issues a final certification order.
(F) Nothing in this section requires the director to review or make findings with regard to an application and accompanying documents to establish or operate a health insuring corporation to cover solely recipients of assistance under the medicaid program operated pursuant to Chapter 5111. of the Revised Code.
Sec. 1751.05. (A) The
superintendent of insurance shall issue or deny a certificate of
authority to establish or operate a health insuring corporations within the deadlines specified as follows:
(1) For a health insuring corporation
to any corporation filing an application pursuant to section
1751.03 of the Revised
Code within, forty-five days of from the
superintendent's receipt of the certification from the director
of health under division (C) of section 1751.04 of
the Revised Code;
(2) For a health insuring corporation that covers solely recipients of assistance under the medicaid program operated pursuant to Chapter 5111. of the Revised Code, one hundred thirty-five days from the superintendent's receipt of a complete application and accompanying documents.
(B) A certificate of authority shall be
issued upon payment of the application fee prescribed in section 1751.44 of
the Revised Code if the superintendent is
satisfied that the following conditions are met:
(1) The persons responsible for the conduct of the
affairs of the applicant are competent, trustworthy, and possess
good reputations.
(2) The director certifies, in accordance with division (C)
of section 1751.04 of the Revised Code, that the
organization's proposed plan of operation meets the requirements
of division (B) of that section and sections 3702.51 to
3702.62 of the Revised Code. If, after the
director has certified compliance, the application is amended in
a manner that affects its approval under section 1751.04 of the
Revised Code, the superintendent shall request the
director to review and recertify the amended plan of operation.
Within forty-five days of receipt of the amended plan from the
superintendent, the director shall certify to the
superintendent, pursuant to section 1751.04 of the
Revised Code, whether or not the amended plan
meets the requirements of section 1751.04 of the Revised
Code. The superintendent's forty-five-day review period
shall cease to run as of the date on which the amended plan is
transmitted to the director and shall remain suspended until the
superintendent receives a new certification from the director.
(3) The applicant constitutes an appropriate mechanism to
effectively provide or arrange for the provision of the basic health
care services, supplemental health care services, or specialty health care
services to be provided to enrollees.
(4) The applicant is financially responsible, complies
with section 1751.28 of the Revised
Code, and may reasonably be expected to meet its obligations to
enrollees and prospective
enrollees. In making this determination, the superintendent may
consider:
(a) The financial soundness of the applicant's arrangements for
health care services, including the applicant's proposed contractual
periodic prepayments or premiums and the use of copayments and deductibles;
(b) The adequacy of working capital;
(c) Any agreement with
an insurer, a government, or any other person for insuring the
payment of the cost of health care services or providing for
automatic applicability of an alternative coverage in the event
of discontinuance of the health insuring corporation's
operations;
(d) Any agreement with providers or health care facilities for
the provision of health care services;
(e) Any deposit of
securities submitted in accordance with section 1751.27 of the
Revised Code as a guarantee that the obligations will be
performed.
(5) The applicant has submitted documentation of an
arrangement to provide health care services to its enrollees
until the expiration of the enrollees' contracts with the
applicant if a health care plan or the operations of the health
insuring corporation are discontinued prior to the expiration of
the enrollees' contracts. An arrangement to provide health care
services may be made by using any one, or any combination, of
the following methods:
(a) The maintenance of insolvency insurance;
(b) A provision in
contracts with providers and health care facilities, but no health insuring
corporation shall rely solely on such a
provision for more than thirty days;
(c) An agreement with
other health insuring corporations or insurers, providing
enrollees with automatic conversion rights upon the
discontinuation of a health care plan or the health insuring
corporation's operations;
(d) Such other methods as approved by the superintendent.
(6) Nothing in the applicant's proposed method of
operation, as shown by the information submitted pursuant to
section 1751.03 of the Revised
Code or by independent
investigation, will cause harm to an enrollee or to the public
at large, as determined by the superintendent.
(7) Any deficiencies certified by the director have been
corrected.
(8) The applicant has deposited securities as set forth
in section 1751.27 of the Revised Code.
(B)(C) If an applicant
elects to fulfill the requirements of division
(A)(5) of this section through
an agreement with other health insuring corporations or
insurers, the agreement shall require those health insuring
corporations or insurers to give thirty days' notice to the
superintendent prior to cancellation or discontinuation of the
agreement for any reason.
(C)(D) A certificate of
authority shall be denied only after compliance with the
requirements of section 1751.36 of the Revised Code.
Sec. 1751.271. (A) Each health insuring corporation that provides coverage to medicaid recipients shall post a performance bond in the amount of three million dollars as security to fulfill the obligations of the health insuring corporation to pay claims of contracted providers for covered health care services provided to medicaid recipients. The bond shall be payable to the department of insurance in the event that the health insuring corporation is placed in rehabilitation or liquidation proceedings under Chapter 3903. of the Revised Code, and shall become a special deposit subject to section 3903.14 or 3903.421 of the Revised Code, as applicable. In lieu of the performance bond, a medicaid health insuring corporation may deposit securities with the superintendent of insurance, acceptable to the superintendent, in the amount of three million dollars, to satisfy the bonding requirements of this section. Upon rehabilitation or liquidation, the securities shall become a special deposit subject to sections 3903.14 and 3903.421 of the Revised Code, as applicable. The health insuring corporation shall receive the interest on the deposited securities as long as the health insuring corporation remains solvent.
(B) The bond shall be issued by a surety company licensed with the department of insurance. The bond or deposit, or any replacement bond or deposit, shall be in a form acceptable to the superintendent, and shall remain in effect during the duration of the medicaid health insuring corporation's license and thereafter until all claims against the medicaid health insuring corporation have been paid in full.
(C) Documentation of the bond acceptable to the superintendent of insurance shall be filed with the superintendent prior to the issuance of a certificate of authority. Annually, thirty days prior to the renewal of its certificate of authority, every medicaid health insuring corporation shall furnish the superintendent of insurance with evidence that the required bond is still in effect.
(D) As used in this section:
(1) "Contracted provider" means a provider that has a contract with a medicaid health insuring corporation to provide covered health care services to medicaid recipients.
(2) "Medicaid health insuring corporation" means a health insuring corporation that provides health insurance coverage or otherwise assumes claims liabilities for medicaid recipients.
(3) "Medicaid recipient" means a person eligible for assistance under the medicaid program operated pursuant to Chapter 5111. of the Revised Code.
Sec. 1901.26. (A) Subject to division (E) of this
section,
costs in a municipal court shall be fixed and taxed as follows:
(1) The municipal court shall require an advance deposit
for
the filing of any new civil action or proceeding when
required by
division (A)(9) of this section, and in all other
cases, by rule,
shall establish a schedule of fees and costs to
be taxed in any
civil or criminal action or proceeding.
(2) The municipal court, by rule, may require an advance
deposit for the filing of any civil action or proceeding and
publication fees as provided in section 2701.09 of the Revised
Code. The court may waive the requirement for advance deposit
upon affidavit or other evidence that a party is unable to
make
the required deposit.
(3) When a jury trial is demanded in any civil action or
proceeding, the party making the demand may be required to make
an
advance deposit as fixed by rule of court, unless, upon
affidavit
or other evidence, the court concludes that the party
is unable to
make the required deposit. If a jury is
called, the fees of a
jury shall be taxed as costs.
(4) In any civil or criminal action or proceeding,
witnesses' fees shall be fixed in accordance with sections
2335.06
and 2335.08 of the Revised Code.
(5) A reasonable charge for driving, towing, carting,
storing, keeping, and preserving motor vehicles and other
personal
property recovered or seized in any proceeding may be
taxed as
part of the costs in a trial of the cause, in an
amount that shall
be fixed by rule of court.
(6) Chattel property seized under any writ or process
issued
by the court shall be preserved pending final disposition
for the
benefit of all persons interested and may be placed in
storage
when necessary or proper for that preservation. The
custodian of
any chattel property so stored shall not be required
to part with
the possession of the property until a reasonable
charge, to be
fixed by the court, is paid.
(7) The municipal court, as it determines, may refund all
deposits and advance payments of fees and costs,
including those
for jurors and summoning jurors, when
they have been paid by the
losing party.
(8) Charges for the publication of legal notices required
by
statute or order of court may be taxed as part of the costs,
as
provided by section 7.13 of the Revised Code.
(B)(1) The municipal court may determine that, for the
efficient
operation of the court, additional funds are necessary
to acquire and pay for
special projects of the court including,
but not limited to, the acquisition
of additional facilities or
the rehabilitation of existing facilities, the
acquisition of
equipment, the hiring and training of staff, community service
programs, mediation or dispute resolution services, the employment
of
magistrates, the training and education of judges, acting
judges, and
magistrates, and other related services. Upon that
determination,
the court
by rule may charge a fee, in addition to
all other
court costs, on the filing of each criminal cause, civil
action or proceeding,
or judgment by confession.
If the municipal court offers a special program or service in
cases of a
specific type, the municipal court by rule may assess
an additional charge in
a case of that type, over and above court
costs, to cover the special program
or service. The municipal
court shall adjust the special assessment
periodically,
but not
retroactively, so that the amount assessed in those cases does not
exceed the actual cost of providing the service or program.
All moneys collected under division (B)
of this section shall
be paid to the county treasurer if the court is a
county-operated
municipal court or to the city treasurer if the court is not a
county-operated municipal court for deposit into either
a general
special projects fund or a fund established for a specific special
project. Moneys from a fund of that nature shall be disbursed
upon an order
of the court in an amount no greater than the actual
cost to the court of a
project. If a specific fund is terminated
because of the discontinuance of a
program or service established
under division
(B) of this section, the municipal court may
order
that moneys remaining in the fund be transferred to an account
established under this division for a similar purpose.
(2) As used in division (B) of this section:
(a)
"Criminal cause" means a charge alleging the violation
of
a
statute or ordinance, or subsection of a statute or
ordinance,
that requires a
separate finding of fact or a separate
plea before
disposition and of which
the defendant may be found
guilty,
whether filed as part of a multiple charge
on a single
summons,
citation, or complaint or as a separate charge on a
single
summons, citation, or complaint.
"Criminal cause" does not
include
separate
violations of the same statute or ordinance, or
subsection of the same statute
or ordinance, unless each charge is
filed on a separate summons, citation, or
complaint.
(b)
"Civil action or proceeding" means any civil litigation
that
must be determined by judgment entry.
(C)
The municipal
court shall
collect in all its divisions
except the small claims
division the
sum of fifteen twenty-six dollars as
additional filing fees in
each new civil
action or proceeding for
the charitable public
purpose of
providing financial assistance to
legal aid societies
that operate
within the state and to support the office of the state public defender.
The municipal
court shall collect in its small
claims division
the sum of seven eleven
dollars as additional filing
fees in each new
civil action or
proceeding for the charitable
public purpose of
providing
financial assistance to legal aid
societies that operate
within
the state and to support the office of the state public defender. This division does not
apply to any execution
on a
judgment, proceeding in aid of
execution, or other
post-judgment
proceeding arising out of a
civil action. The
filing fees
required to be collected under
this division shall be
in addition
to any other court costs
imposed in the action or
proceeding and
shall be collected at the
time of the filing of the
action or
proceeding. The court shall
not waive the payment of
the
additional filing fees in a new
civil action or proceeding
unless
the court waives the advanced
payment of all filing fees in
the
action or proceeding. All such
moneys collected during a month shall be transmitted on or before
the
first business twentieth day of each the following
month by the clerk of the court to
the
treasurer of state in a manner prescribed by the treasurer of state or by the Ohio legal assistance foundation. The
moneys then shall be deposited by the
treasurer of state shall deposit four per cent of the funds collected under this division to the credit of the civil case filing fee fund established under section 120.07 of the Revised Code and ninety-six per cent of the funds collected under this division to the
credit of the legal aid fund established
under section 120.52 of
the Revised Code.
The court may retain up to one per cent of the moneys it
collects under this division to cover administrative costs,
including the hiring of any additional personnel necessary to
implement this division.
(D) In the Cleveland municipal court, reasonable charges
for
investigating titles of real estate to be sold or disposed of
under any writ or process of the court may be taxed as part of
the
costs.
(E) Under the circumstances described in sections 2969.21
to
2969.27 of the Revised Code, the clerk of the municipal court
shall charge
the fees and perform the other duties specified in
those sections.
Sec. 1901.31. The clerk and deputy clerks of a municipal
court shall be selected, be compensated, give bond, and have
powers and duties as follows:
(A) There shall be a clerk of the court who is appointed
or
elected as follows:
(1)(a) Except in the Akron, Barberton, Cuyahoga
Falls,
Medina, Toledo,
Hamilton
county, Portage county,
and Wayne county municipal courts, if the
population of the
territory equals or exceeds one hundred
thousand at the regular
municipal election immediately preceding the
expiration of the
term of the present clerk, the clerk shall be
nominated and
elected by the qualified electors of the territory
in the manner
that is provided for the nomination and election of
judges in
section 1901.07 of the Revised Code.
The clerk so elected shall hold office for a term of six
years, which term shall commence on the first day of January
following the
clerk's election and continue until the clerk's
successor is elected
and qualified.
(b) In the Hamilton county municipal court, the clerk of
courts of Hamilton county shall be the clerk of the municipal
court and may appoint an assistant clerk who shall receive the
compensation, payable out of the treasury of Hamilton county in
semimonthly installments, that the board of county commissioners
prescribes. The clerk of courts of Hamilton county, acting as
the
clerk of the Hamilton county municipal court and assuming the
duties of that office, shall receive compensation at one-fourth
the rate that is prescribed for the clerks of courts of common
pleas as determined in accordance with the population of the
county and the rates set forth in sections 325.08 and 325.18 of
the Revised Code. This compensation shall be paid from the
county
treasury in semimonthly installments and is in addition to
the
annual compensation that is received for the performance of
the
duties of the clerk of courts of Hamilton county, as provided
in
sections 325.08 and 325.18 of the Revised Code.
(c) In the Portage county and Wayne county municipal
courts,
the clerks of courts of Portage county and Wayne county
shall be
the clerks, respectively, of the Portage county and
Wayne county
municipal courts and may appoint a chief deputy
clerk for each
branch that is established pursuant to section
1901.311 of the
Revised Code and assistant clerks as the judges
of the municipal
court determine are necessary, all of whom shall
receive the
compensation that the legislative authority
prescribes. The
clerks of courts of Portage county and Wayne
county, acting as the
clerks of the Portage county and Wayne
county municipal courts and
assuming the duties of these offices,
shall receive compensation
payable from the county treasury in semimonthly
installments at
one-fourth the rate that is prescribed for the clerks of
courts of
common pleas as determined in accordance with the population of
the
county and the rates set forth in sections 325.08 and 325.18
of the Revised
Code.
(d) Except as otherwise provided in division (A)(1)(d) of
this section, in the Akron municipal court, candidates for
election to the office of clerk of the court shall be nominated
by
primary election. The primary election shall be held on the
day
specified in the charter of the city of Akron for the
nomination
of municipal officers. Notwithstanding section
3513.257 of the
Revised Code, the nominating petitions of
independent candidates
shall be signed by at least two hundred
fifty qualified electors
of the territory of the court.
The candidates shall file a declaration of candidacy and
petition, or a nominating petition, whichever is applicable, not
later than four p.m. of the seventy-fifth day before the day of
the primary election, in the form prescribed by section 3513.07
or
3513.261 of the Revised Code. The declaration of candidacy
and
petition, or the nominating petition, shall conform to the
applicable requirements of section 3513.05 or 3513.257 of the
Revised Code.
If no valid declaration of candidacy and petition is filed
by
any person for nomination as a candidate of a particular
political
party for election to the office of clerk of the Akron
municipal
court, a primary election shall not be held for the
purpose of
nominating a candidate of that party for election to
that office.
If only one person files a valid declaration of
candidacy and
petition for nomination as a candidate of a
particular political
party for election to that office, a primary
election shall not be
held for the purpose of nominating a
candidate of that party for
election to that office, and the
candidate shall be issued a
certificate of nomination in the
manner set forth in section
3513.02 of the Revised Code.
Declarations of candidacy and petitions, nominating
petitions, and certificates of nomination for the office of clerk
of the Akron municipal court shall contain a designation of the
term for which the candidate seeks election. At the following
regular municipal election, all candidates for the office shall
be
submitted to the qualified electors of the territory of the
court
in the manner that is provided in section 1901.07 of the
Revised
Code for the election of the judges of the court. The
clerk so
elected shall hold office for a term of six years, which
term
shall commence on the first day of January following the clerk's
election and continue until the clerk's successor is elected and
qualified.
(e) Irrespective of the population of the territory of the
Medina municipal court, the clerk of that court shall be appointed
pursuant to division (A)(2)(a) of this section by the
judges of
that court, shall hold office until the clerk's successor is
similarly appointed and qualified, and shall receive pursuant to
division
(C) of this section the annual compensation that the
legislative
authority prescribes and that is payable in
semimonthly installments from the
same sources and in the same
manner as provided in section 1901.11 of the
Revised Code.
(f) Except as otherwise provided in division
(A)(1)(f)(e) of
this
section, in the Barberton municipal court, candidates for
election
to the office of clerk of the court shall be nominated by
primary
election. The primary election shall be held on the day
specified
in the charter of the city of Barberton for the
nomination of
municipal officers. Notwithstanding section
3513.257 of the
Revised Code, the nominating petitions of
independent
candidates shall be signed by at least two hundred
fifty qualified
electors of the territory of the court.
The candidates shall file a declaration of candidacy and
petition,
or a nominating petition, whichever is applicable, not
later than
four p.m. of the seventy-fifth day before the day of
the primary
election, in the form prescribed by section 3513.07 or
3513.261 of
the Revised Code. The declaration of candidacy and
petition,
or the nominating petition, shall conform to the
applicable requirements of
section 3513.05 or 3513.257 of the
Revised Code.
If no valid declaration of candidacy and petition is filed by
any
person for nomination as a candidate of a particular political
party for election to the office of clerk of the Barberton
municipal court, a primary election shall not be held for the
purpose of
nominating a candidate
of that party for election to
that office. If only one person files a valid
declaration of
candidacy and petition for nomination as a candidate of a
particular political party for election to that office, a primary
election shall not be held for the purpose of nominating a
candidate of that party for election to that office, and the
candidate shall be issued a certificate of nomination in the
manner set forth in section 3513.02 of the Revised Code.
Declarations of candidacy and petitions, nominating
petitions, and
certificates of nomination for the office of clerk
of the
Barberton municipal court shall contain a designation of
the term
for which the candidate seeks election. At the following
regular municipal
election, all
candidates for the office shall be
submitted to the qualified electors of the
territory of the
court
in the manner that is provided in section 1901.07 of the
Revised
Code for the election of the judges of the court.
The clerk so
elected shall hold office for a term of six years, which
term
shall commence on the first day of January following the
clerk's
election and continue until the clerk's successor is elected and
qualified.
(g)(f) Except as otherwise provided in division
(A)(1)(g)(f) of
this
section, in the Cuyahoga Falls municipal court, candidates
for
election to the office of clerk of the court shall be
nominated by primary
election. The primary election shall be held
on the day specified in the
charter of the city of Cuyahoga Falls
for the nomination of
municipal officers. Notwithstanding section
3513.257 of the
Revised Code, the nominating petitions of
independent
candidates shall be signed by at least two hundred
fifty qualified
electors of the territory of the court.
The candidates shall file a declaration of candidacy and
petition,
or a nominating petition, whichever is applicable, not
later than
four p.m. of the seventy-fifth day before the day of
the primary
election, in the form prescribed by section 3513.07 or
3513.261 of
the Revised Code. The declaration of candidacy and
petition, or
the nominating petition,
shall conform to the
applicable requirements of section
3513.05 or 3513.257 of the
Revised Code.
If no valid declaration of candidacy and petition is filed by
any
person for nomination as a candidate of a particular political
party for election to the office of clerk of the Cuyahoga
Falls
municipal court, a primary election shall not be held for the
purpose of nominating a candidate of that party for election to
that office. If only one person files a valid declaration of
candidacy and petition for nomination as a candidate of a
particular political party for election to that office, a primary
election shall not be held for the purpose of nominating a
candidate of that party for election to that office, and the
candidate shall be issued a certificate of nomination in the
manner set forth in section 3513.02 of the Revised Code.
Declarations of candidacy and petitions, nominating
petitions, and
certificates of nomination for the office of clerk
of the Cuyahoga
Falls municipal court shall contain a designation
of the term for
which the candidate seeks election. At the
following regular municipal
election, all candidates for the
office shall be submitted to the
qualified electors of the
territory of the court in the manner
that is provided in section
1901.07 of the Revised Code for
the
election of the judges of the
court. The clerk so elected shall hold office
for
a term of six
years, which term shall commence on the first day of
January
following the clerk's election and continue until the
clerk's
successor is elected and qualified.
(h)(g) Except as otherwise provided in division
(A)(1)(h)(g) of
this
section, in the Toledo municipal court, candidates for
election
to the office of clerk of the court shall be nominated by
primary
election. The primary election shall be held on the day
specified
in the charter of the city of Toledo for the nomination
of
municipal officers. Notwithstanding section 3513.257 of the
Revised Code, the nominating petitions of independent
candidates
shall be signed by at least two hundred fifty qualified
electors
of the territory of the court.
The candidates shall file a declaration of candidacy and
petition,
or a nominating petition, whichever is applicable, not
later than
four p.m. of the seventy-fifth day before the day of
the primary
election, in the form prescribed by section 3513.07 or
3513.261 of
the Revised Code. The declaration of candidacy and
petition,
or the nominating petition, shall conform to the
applicable requirements of
section 3513.05 or 3513.257 of the
Revised Code.
If no valid declaration of candidacy and petition is filed by
any
person for nomination as a candidate of a particular political
party for election to the office of clerk of the Toledo municipal
court, a primary election shall not be held for the purpose of
nominating a candidate
of that party for election to that office.
If only one person files a valid
declaration of
candidacy and
petition for nomination as a candidate of a
particular political
party for election to that office, a primary
election shall not be
held for the purpose of nominating a
candidate of that party for
election to that office, and the
candidate shall be issued a
certificate of nomination in the
manner set forth in section
3513.02 of the Revised Code.
Declarations of candidacy and petitions, nominating
petitions, and
certificates of nomination for the office of clerk
of the
Toledo municipal court shall contain a designation of the
term
for which the candidate seeks election. At the following
regular municipal
election, all
candidates for the office shall be
submitted to the qualified electors of the
territory of the
court
in the manner that is provided in section 1901.07 of the
Revised
Code for the election of the judges of the court.
The clerk so
elected shall hold office for a term of six years, which
term
shall commence on the first day of January following the
clerk's
election and continue until the clerk's successor is elected and
qualified.
(2)(a) Except for the Alliance, Auglaize county,
Brown
county, Columbiana
county, Lorain,
Massillon, and Youngstown
municipal courts, in a
municipal court
for which the population of
the territory is less
than one hundred thousand and in the Medina
municipal court, the
clerk shall
be appointed by the court, and
the clerk shall hold
office until
the clerk's successor is
appointed and qualified.
(b) In the Alliance, Lorain, Massillon, and Youngstown
municipal courts, the clerk shall be elected for a term of office
as described in division (A)(1)(a) of this section.
(c) In the Auglaize county
and Brown county
municipal
courts, the
clerks of
courts of Auglaize
county
and Brown
county shall be the
clerks,
respectively, of the
Auglaize
county and Brown county municipal
courts and may appoint a
chief deputy clerk
for each branch that
is
established pursuant to
section 1901.311
of the Revised Code,
and
assistant clerks as the
judge of the
court determines are
necessary, all of whom shall
receive the
compensation that the
legislative authority
prescribes. The
clerks of courts of
Auglaize
county
and
Brown county, acting as the
clerks of the Auglaize county
and Brown
county
municipal
courts
and assuming the
duties of
these offices, shall
receive compensation
payable from
the county treasury in semimonthly
installments at
one-fourth the
rate that is prescribed for the clerks of
courts of
common pleas
as determined in accordance with the population of
the
county and
the rates set forth in sections 325.08 and 325.18
of the Revised
Code.
(d) In the Columbiana county municipal court, the clerk of
courts of
Columbiana county shall be the
clerk of the municipal
court, may appoint a chief deputy
clerk for each branch office
that is established pursuant to section
1901.311 of the Revised
Code, and may appoint any assistant clerks that
the judges of the
court determine are necessary. All of the chief deputy
clerks and
assistant clerks shall receive the compensation that the
legislative authority prescribes. The clerk of courts of
Columbiana county, acting as
the clerk of the Columbiana
county
municipal court and assuming the duties of that office,
shall
receive compensation payable from the county treasury in
semimonthly installments at one-fourth the rate that is
prescribed
for the clerks of courts of common pleas as
determined in
accordance with the population of the county and
the rates set
forth in sections 325.08 and 325.18 of the
Revised Code.
(3) During the temporary absence of the clerk due to
illness, vacation, or other proper cause, the court may appoint a
temporary clerk, who shall be paid the same compensation,
have
the
same authority, and perform the same duties as the clerk.
(B) Except in the Hamilton county,
Medina,
Portage county, and Wayne county municipal courts, if a vacancy
occurs in the office of the clerk of the Alliance, Lorain,
Massillon, or Youngstown municipal court or occurs in the office
of the clerk of a municipal court for which the population of the
territory equals or exceeds one hundred thousand because the
clerk
ceases to hold the office before the end of the clerk's term or
because a clerk-elect fails to take office, the vacancy shall be
filled, until a successor is elected and qualified, by a person
chosen by the residents of the territory of the court who are
members of the county central committee of the political party by
which the last occupant of that office or the clerk-elect was
nominated. Not less than five nor more than fifteen days after a
vacancy occurs, those members of that county central committee
shall meet to make an appointment to fill the vacancy. At least
four days before the date of the meeting, the chairperson or a
secretary of the county central committee shall notify each such
member of that county central committee by first class
mail of the
date, time, and place
of the meeting and its purpose. A majority
of all such members of
that county central committee constitutes a
quorum, and a
majority of the quorum is
required to make the
appointment. If the office so vacated was
occupied or was to be
occupied by a person not nominated at a
primary election, or if
the appointment was not made by the
committee members in
accordance with this division, the court
shall make an appointment
to fill the vacancy. A successor shall
be elected to fill the
office for the unexpired term at the first
municipal election that
is held more than one hundred twenty days
after the vacancy
occurred.
(C)(1) In a municipal court, other than the Auglaize county,
the Brown county,
the Columbiana county, and
the Lorain municipal
courts,
for which
the population of the
territory is
less than one
hundred thousand
and in the Medina
municipal
court, the clerk of
the municipal
court
shall receive
the annual compensation that the
presiding
judge of the court
prescribes, if the revenue of the
court for the
preceding calendar
year, as
certified by the auditor
or chief
fiscal officer of the
municipal corporation
in which the
court is
located or, in the
case of a county-operated municipal
court, the
county auditor, is
equal to or greater than the
expenditures,
including any debt
charges, for the operation of the
court payable
under this
chapter
from the city treasury or, in the
case of a
county-operated
municipal
court, the county treasury for
that
calendar year, as
also certified by the
auditor or chief
fiscal
officer. If the
revenue of a municipal court, other
than
the
Auglaize county,
the
Brown county, the Columbiana county, and
the
Lorain municipal
courts, for which
the population of the
territory
is less than one
hundred thousand or the
revenue of the
Medina
municipal court for
the preceding calendar year
as so
certified is
not equal to or
greater than those expenditures for
the
operation
of the court for
that calendar year as so certified,
the clerk of
a
municipal court
shall receive the annual
compensation that the
legislative
authority prescribes.
As used
in this division,
"revenue" means
the total of all costs and fees
that are collected
and paid to the
city
treasury or, in a
county-operated municipal
court, the county
treasury by the
clerk
of the municipal court
under division (F) of
this section and
all
interest received and
paid to the city
treasury or, in a
county-operated
municipal
court, the county
treasury in relation
to the costs and fees under
division (G) of
this section.
(2) In
a municipal court, other than the
Hamilton county, Medina, Portage
county, and Wayne
county
municipal courts, for which the population of the territory
is one
hundred thousand or more, and in the Lorain
municipal court, the
clerk of the municipal court
shall receive annual compensation in
a sum equal to eighty-five
per cent of the salary of a judge of
the court.
(3) The compensation
of a clerk described in division (C)(1)
or (2) of this
section is payable in semimonthly installments from
the same sources and
in the same manner as provided in section
1901.11 of the Revised
Code.
(D) Before entering upon the duties of the clerk's office,
the
clerk of a municipal court shall give bond of not less than
six
thousand dollars to be determined by the judges of the court,
conditioned upon the faithful performance of the clerk's duties.
(E) The clerk of a municipal court may do all of the
following: administer oaths, take affidavits, and issue
executions upon any judgment rendered in the court, including a
judgment for unpaid costs; issue, sign, and attach the seal of
the
court to all writs, process, subpoenas, and papers issuing
out of
the court; and approve all bonds, sureties, recognizances,
and
undertakings fixed by any judge of the court or by law. The clerk
may
refuse to accept for filing any pleading or paper submitted
for filing by a
person who has been found to be a vexatious
litigator under section 2323.52
of the Revised Code and who has
failed to obtain leave to proceed under that
section. The clerk
shall do all of the following: file and safely keep all
journals,
records, books, and papers belonging or appertaining to
the court;
record the proceedings of the court; perform all other
duties that
the judges of the court may prescribe; and keep a
book showing all
receipts and disbursements, which book shall be
open for public
inspection at all times.
The clerk shall prepare and maintain a general index, a
docket, and other records that the court, by rule, requires, all
of which shall be the public records of the court. In the
docket,
the clerk shall enter, at the time of the commencement of
an
action, the names of the parties in full, the names of the
counsel, and the nature of the proceedings. Under proper dates,
the clerk shall note the filing of the complaint, issuing of
summons or
other process, returns, and any subsequent pleadings.
The clerk
also shall enter all reports, verdicts, orders,
judgments, and
proceedings of the court, clearly specifying the
relief granted
or orders made in each action. The court may order
an extended
record of any of the above to be made and entered,
under the
proper action heading, upon the docket at the request of
any
party to the case, the expense of which record may be taxed as
costs in the case or may be required to be prepaid by the party
demanding the record, upon order of the court.
(F) The clerk of a municipal court shall receive, collect,
and issue receipts for all costs, fees, fines, bail, and other
moneys payable to the office or to any officer of the court. The
clerk
shall each month disburse to the proper persons or officers,
and
take receipts for, all costs, fees, fines, bail, and other
moneys
that the clerk collects. Subject to sections 3375.50 and
4511.193
of
the Revised Code and to any other section of the
Revised Code
that requires a specific manner of disbursement of
any moneys
received by a municipal court and except for the
Hamilton county,
Lawrence county, and Ottawa county municipal
courts, the clerk shall pay all
fines received for violation of
municipal ordinances into the
treasury of the municipal
corporation the ordinance of which was
violated and shall pay all
fines received for violation of
township resolutions adopted
pursuant to Chapter 504. of the
Revised Code into the treasury of
the township the resolution of
which was violated. Subject to
sections 1901.024 and 4511.193 of
the Revised Code, in the
Hamilton county, Lawrence county, and Ottawa county
municipal
courts, the clerk shall pay fifty per cent of the fines
received
for violation of municipal ordinances and fifty per cent
of the
fines received for violation of township resolutions
adopted
pursuant to Chapter 504. of the Revised Code into the
treasury of
the county. Subject to sections 3375.50, 3375.53,
4511.19, and
5503.04 of the Revised Code and to any other section
of the
Revised Code that requires a specific manner of
disbursement of
any moneys received by a municipal court, the
clerk shall pay all
fines collected for the violation of state
laws into the county
treasury. Except in a county-operated
municipal court, the clerk
shall pay all costs and fees the
disbursement of which is not
otherwise provided for in the
Revised
Code into the city treasury.
The clerk of a
county-operated
municipal court shall pay the costs
and fees the
disbursement of
which is not otherwise provided for
in the
Revised Code into the
county treasury. Moneys deposited as
security for costs shall be
retained pending the litigation. The
clerk shall keep a separate
account of all receipts and
disbursements in civil and criminal
cases, which shall be a
permanent public record of the office. On
the expiration of the
term of the clerk, the clerk shall deliver
the records to the
clerk's
successor. The clerk shall have other
powers and duties
as are prescribed by
rule or order of the court.
(G) All moneys paid into a municipal court shall be noted
on
the record of the case in which they are paid and shall be
deposited in a state or national bank, or a domestic savings and
loan association, as defined in section 1151.01 of the Revised
Code, that is selected by the clerk. Any interest received upon
the deposits shall be paid into the city treasury, except that, in
a county-operated municipal court, the interest shall be paid
into
the treasury of the county in which the court is located.
On the first Monday in January of each year, the clerk
shall
make a list of the titles of all cases in the court that
were
finally determined more than one year past in which there
remains
unclaimed in the possession of the clerk any funds, or
any part of
a deposit for security of costs not consumed by the
costs in the
case. The clerk shall give notice of the moneys to
the parties
who are entitled to the moneys or to their attorneys
of record.
All the moneys remaining unclaimed on the first day
of April of
each year shall be paid by the clerk to the city
treasurer, except
that, in a county-operated municipal court, the
moneys shall be
paid to the treasurer of the county in which the
court is located.
The treasurer shall pay any part of the
moneys at any time to the
person who has the right to the
moneys upon proper certification
of the clerk.
(H) Deputy clerks may be appointed by the clerk and shall
receive the compensation, payable in semimonthly installments out
of the city treasury, that the clerk may prescribe, except that
the compensation of any deputy clerk of a county-operated
municipal court shall be paid out of the treasury of the county
in
which the court is located. Each deputy clerk shall take an
oath
of office before entering upon the duties of the deputy clerk's
office
and, when so qualified, may perform the duties appertaining
to the
office of the clerk. The clerk may require any of the
deputy
clerks to give bond of not less than three thousand
dollars,
conditioned for the faithful performance of the deputy
clerk's duties.
(I) For the purposes of this section, whenever the
population of the territory of a municipal court falls below one
hundred thousand but not below ninety thousand, and the
population
of the territory prior to the most recent regular
federal census
exceeded one hundred thousand, the legislative
authority of the
municipal corporation may declare, by
resolution, that the
territory shall be considered to have a
population of at least one
hundred thousand.
(J) The clerk or a deputy clerk shall be in attendance at
all sessions of the municipal court, although not necessarily in
the courtroom, and may administer oaths to witnesses and jurors
and receive verdicts.
Sec. 1907.24. (A) Subject to division (C) of this section,
a county court
shall fix and tax fees and costs as follows:
(1) The county court shall require an advance deposit for
the filing of
any new civil action or proceeding when required by
division
(C) of this section and, in all other cases, shall
establish a
schedule of fees and costs to be taxed in any civil or
criminal action or
proceeding.
(2) The county court by rule may require an advance
deposit
for the filing of a civil action or proceeding and publication
fees
as provided in section 2701.09
of the Revised Code. The
court may waive an advance deposit requirement
upon the
presentation of an affidavit or other evidence that
establishes
that a party is unable to make the requisite deposit.
(3) When a party demands a jury trial in a civil action or
proceeding,
the county court may require the party to make an
advance deposit as fixed by
rule of court,
unless the court
concludes, on the basis of an affidavit or other evidence
presented by the party, that the party is unable to make the
requisite
deposit. If a jury is called, the county court shall
tax the fees of a jury
as costs.
(4) In a civil or criminal action or proceeding, the county
court shall
fix the fees of witnesses in accordance with sections
2335.06 and 2335.08 of
the Revised Code.
(5) A county court may tax as part of the costs in a trial
of the cause,
in an amount fixed by rule of court, a reasonable
charge for driving, towing,
carting, storing, keeping,
and
preserving motor vehicles and other personal property recovered or
seized
in a proceeding.
(6) The court shall preserve chattel property seized under a
writ or
process issued by the court pending final disposition for
the benefit of all
interested persons. The court may place the
chattel property in storage when
necessary or proper for its
preservation. The custodian of chattel property
so stored shall
not be required to part with the possession of the property
until
a reasonable charge, to be fixed by the court, is paid.
(7) The county court, as it determines, may refund all
deposits and
advance payments of fees and costs, including those
for jurors and summoning jurors, when they have been paid by
the
losing party.
(8) The court may tax as part of costs charges for the
publication of
legal notices required by statute or order of
court, as provided by section
7.13 of the Revised Code.
(B)(1) The county court may determine that, for the
efficient
operation of the court, additional funds are necessary
to acquire and pay for
special projects of the court including,
but not limited to, the acquisition
of additional facilities or
the rehabilitation of existing facilities, the
acquisition of
equipment, the hiring and training of staff, community service
programs, mediation or dispute resolution services, the employment
of
magistrates, the training and education of judges, acting
judges, and
magistrates, and other related services. Upon that
determination,
the court
by rule may charge a fee, in addition to
all other
court costs, on the filing of each criminal cause, civil
action or proceeding,
or judgment by confession.
If the county court offers a special program or service in
cases of a
specific type, the county court by rule may assess an
additional charge in a
case of that type, over and above court
costs, to cover the special program or
service. The county court
shall adjust the special assessment periodically,
but not
retroactively, so that the amount assessed in those cases does not
exceed the actual cost of providing the service or program.
All moneys collected under division (B)
of this section shall
be paid to the county treasurer for deposit into either
a general
special projects fund or a fund established for a specific special
project. Moneys from a fund of that nature shall be disbursed
upon an order
of the court in an amount no greater than the actual
cost to the court of a
project. If a specific fund is terminated
because of the discontinuance of a
program or service established
under division
(B) of this section, the county court may
order
that moneys remaining in the fund be transferred to an account
established under this division for a similar purpose.
(2) As used in division (B) of this section:
(a)
"Criminal cause" means a charge alleging the violation
of
a
statute or ordinance, or subsection of a statute or
ordinance,
that requires a
separate finding of fact or a separate
plea before
disposition and of which
the defendant may be found
guilty,
whether filed as part of a multiple charge
on a
single
summons,
citation, or complaint or as a separate charge on a
single
summons, citation, or complaint.
"Criminal cause" does not
include
separate
violations of the same statute or ordinance, or
subsection of the same statute
or ordinance, unless each charge is
filed on a separate summons, citation, or
complaint.
(b)
"Civil action or proceeding" means any civil litigation
that
must be determined by judgment entry.
(C) Subject to division (E) of this section,
the county
court
shall collect in all its divisions except the
small claims
division the sum of fifteen twenty-six dollars as additional
filing fees in
each new civil action or proceeding for the
charitable public
purpose of providing financial assistance to
legal aid societies
that operate within the state and to support the office of the state public defender. Subject to
division (E) of
this
section, the county court shall collect in its small
claims
division the sum of seven eleven dollars as additional filing
fees
in
each new civil action or proceeding for the charitable
public
purpose of providing financial assistance to legal aid
societies
that operate within the state and to support the office of the state public defender. This division does not
apply to
any execution on a judgment, proceeding in aid of
execution, or
other post-judgment proceeding arising out of a
civil action. The
filing fees required to be collected under
this division shall be
in addition to any other court costs
imposed in the action or
proceeding and shall be collected at the
time of the filing of the
action or proceeding. The court shall
not waive the payment of
the additional filing fees in a new
civil action or proceeding
unless the court waives the advanced
payment of all filing fees in
the action or proceeding. All such
moneys collected during a
month shall be transmitted on or
before the twentieth day of
the
following
month by the clerk of the court to the treasurer of
state in a manner prescribed by the treasurer of state or by the Ohio legal assistance foundation. The
moneys then shall be deposited by the treasurer of
state shall deposit four per cent of the funds collected under this division to the credit of the civil case filing fee fund established under section 120.07 of the Revised Code and ninety-six per cent of the funds collected under this division to the
credit of the legal aid fund established under
section 120.52 of
the Revised Code.
The court may retain up to one per cent of the moneys it
collects under this division to cover administrative costs,
including the hiring of any additional personnel necessary to
implement this division.
(D) The county court shall establish by rule a schedule of
fees
for miscellaneous services performed by the county court or
any of its judges
in accordance with law. If judges of the court
of common pleas perform
similar services, the fees prescribed in
the schedule shall not exceed the
fees for those services
prescribed by the court of common pleas.
(E) Under the circumstances described in sections 2969.21
to
2969.27 of the Revised Code, the clerk of the county court shall
charge the
fees and perform the other duties specified in those
sections.
Sec. 2113.041. (A) The administrator of the estate recovery program established pursuant to section 5111.11 of the Revised Code may present an affidavit to a financial institution requesting that the financial institution release account proceeds to recover the cost of services correctly provided to a medicaid recipient who is subject to the estate recovery program. The affidavit shall include all of the following information:
(1) The name of the decedent;
(2) The name of any person who gave notice that the decedent was a medicaid recipient and that person's relationship to the decedent;
(3) The name of the financial institution;
(5) A description of the claim for estate recovery;
(6) The amount of funds to be recovered.
(B) A financial institution may release account proceeds to the administrator of the estate recovery program if all of the following apply:
(1) The decedent held an account at the financial institution that was in the decedent's name only.
(2) No estate has been, and it is reasonable to assume that no estate will be, opened for the decedent.
(3) The decedent has no outstanding debts known to the administrator of the estate recovery program.
(4) The financial institution has received no objections or has determined that no valid objections to release of proceeds have been received.
(C) If proceeds have been released pursuant to division (B) of this section and the department of job and family services receives notice of a valid claim to the proceeds that has a higher priority under section 2117.25 of the Revised Code than the claim of the estate recovery program, the department may refund the proceeds to the financial institution or pay them to the person or government entity with the claim.
Sec. 2117.061. (A) As used in this section,
"person:
(1) "Medicaid estate recovery program" means the program instituted under section 5111.11 of the Revised Code.
(2) "Permanently institutionalized individual" has the same meaning as in section 5111.11 of the Revised Code.
(3) "Person responsible for the estate" means the executor, administrator, commissioner, or person who filed pursuant to section 2113.03 of the Revised Code for release from administration of an estate.
(B) If the a decedent, at the time of death, was fifty-five years of age or older at the time of death or a permanently institutionalized individual, the person responsible for an the decedent's estate shall determine whether the decedent was, at any time during the decedent's life, a medicaid recipient of medical assistance under Chapter 5111. of the Revised Code. If the decedent was a medicaid recipient, the person responsible for the estate shall give written notice to that effect submit a properly completed medicaid estate recovery reporting form prescribed under division (D) of this section to the administrator of the medicaid estate recovery program instituted under section 5111.11 of the Revised Code not later than thirty days after the occurrence of any of the following:
(1) The granting of letters testamentary;
(2) The administration of the estate;
(3) The filing of an application for release from administration or summary release from administration.
(C) The person responsible for an the estate shall mark the appropriate box on the appropriate probate form to indicate compliance with the requirements of division (B) of this section.
The probate court shall send a copy of the completed probate form to the administrator of the medicaid estate recovery program.
(D) The administrator of the estate recovery program shall prescribe a medicaid estate recovery reporting form for the purpose of division (B) of this section. The form shall require, at a minimum, that the person responsible for the estate list all of the decedent's real and personal property and other assets that are part of the decedent's estate as defined in section 5111.11 of the Revised Code. The administrator shall include on the form a statement printed in bold letters informing the person responsible for the estate that knowingly making a false statement on the form is falsification under section 2921.13 of the Revised Code, a misdemeanor of the first degree.
(E) The estate recovery program administrator shall present a claim for estate recovery to the person responsible for the estate or the person's legal representative not later than ninety days after the date on which notice the medicaid estate recovery reporting form is received under division (B) of this section or one year after the decedent's death, whichever is later.
Sec. 2151.282. (A) There is hereby created the Ohio court appointed special advocate/guardian ad litem (CASA/GAL) study committee consisting of five members. One member shall be a representative of the Ohio court appointed special advocate/guardian ad litem association appointed by the governor and shall be the chairperson of the committee. One member shall be a member of the Ohio juvenile judges association, appointed by the president of the senate. One member shall be a member of the Ohio state bar association appointed by the speaker of the house of representatives. One member shall be a representative of the office of the state public defender appointed by the minority leader of the senate. One member shall be a representative of the Ohio county commissioner's association appointed by the minority leader of the house of representatives. The members of the committee shall be appointed within sixty days after the effective date of this section. The committee shall do all of the following:
(1) Compile available public data associated with state and local costs of advocating on behalf of children who have been found to be abused, neglected, or dependent children;
(2) Examine the costs in counties that have established and operated an Ohio CASA/GAL association program, and the costs in counties that utilize the county public defender, joint county public defender, or court-appointed counsel, to advocate on behalf of children who have been found to be abused, neglected, or dependent children;
(3) Analyze the total cost of advocating on behalf of children who have been found to be abused, neglected, or dependent children on a per county basis and a per child served basis;
(4) Analyze the cost benefit of having an Ohio CASA/GAL association versus utilizing the county public defender, joint county public defender, or court-appointed counsel to advocate on behalf of children who have been found to be abused, neglected, or dependent children;
(5) Analyze the advocacy services provided to abused children, neglected children, or dependent children by Ohio CASA/GAL association programs versus the advocacy services provided to abused, neglected, or dependent children by county public defenders, joint county public defenders, or court-appointed counsel.
(B) The Ohio CASA/GAL association shall provide staff for the Ohio CASA/GAL study committee and shall pay for any expenses incurred by the study committee. The study committee shall meet within thirty days after the appointment of the members to the study committee.
(C) The Ohio CASA/GAL study committee shall prepare a report containing all relevant data and information that division (A) of this section requires the study committee to compile, examine, and analyze. The Ohio CASA/GAL study committee shall deliver a final copy of the report to the governor, the speaker of the house of representatives, and the president of the senate on or before July 1, 2007.
Sec. 2151.352. A
child, or the child's parents, or custodian,
or
any other
person in loco parentis of such the child is entitled to
representation by legal counsel at all stages of the proceedings
under this chapter or Chapter 2152. of the Revised Code and if. If, as
an
indigent person, any such person a party is unable to
employ counsel,
the party is entitled to
have counsel provided for the person pursuant to Chapter
120.
of the
Revised Code except in civil matters in which the juvenile court is exercising jurisdiction pursuant to division (A)(2), (3), (9), (10), (11), (12), or (13); (B)(2), (3), (4), (5), or (6); (C); (D); or (F)(1) or (2) of section 2151.23 of the Revised Code. If a party appears without counsel, the
court
shall ascertain whether the party knows of the
party's right
to counsel and of
the party's right to be provided with counsel if
the party is an indigent
person. The court may continue the case
to enable a party to
obtain counsel or, to be represented by the
county public defender
or the joint county public defender and
shall provide, or to be appointed counsel
upon request pursuant to Chapter 120. of the
Revised Code.
Counsel must be provided for a child not represented
by the
child's
parent, guardian, or custodian. If the interests
of two or more
such parties conflict, separate counsel shall be
provided for
each of them.
Section 2935.14 of the Revised Code applies to any child
taken into custody. The parents, custodian, or guardian of such
child, and any attorney at law representing them or the child,
shall be entitled to visit such child at any reasonable time, be
present at any hearing involving the child, and be given
reasonable notice of such hearing.
Any report or part thereof concerning such child, which is
used in the hearing and is pertinent thereto, shall for good
cause
shown be made available to any attorney at law representing
such
child and to any attorney at law representing the parents,
custodian, or guardian of such child, upon written request prior
to any hearing involving such child.
Sec. 2151.416. (A) Each agency that is required by
section
2151.412 of the Revised Code to prepare a case plan for a
child
shall complete a semiannual administrative review of the
case plan
no later than six months after the earlier of the date
on which
the complaint in the case was filed or the child was
first placed
in shelter care. After the first administrative
review, the
agency shall complete semiannual administrative
reviews no later
than every six months. If the court issues an
order pursuant to
section 2151.414 or 2151.415
of the Revised
Code, the agency shall
complete an administrative review no later
than six months after
the court's order and continue to complete
administrative reviews
no later than every six months after the
first review, except that
the court hearing held pursuant to
section 2151.417 of the Revised
Code may take the place of any
administrative review that would
otherwise be held at the time of
the court hearing. When
conducting a review, the child's health and safety
shall be the
paramount concern.
(B) Each administrative review required by division (A) of
this section shall be conducted by a review panel of at least
three persons, including, but not limited to, both of the
following:
(1) A caseworker with day-to-day responsibility for, or
familiarity with, the management of the child's case plan;
(2) A person who is not responsible for the management of
the child's case plan or for the delivery of services to the
child
or the parents, guardian, or custodian of the child.
(C) Each semiannual administrative review shall include,
but
not be limited to, a joint meeting by the review panel with
the
parents, guardian, or custodian of the child, the guardian ad
litem of the child, and the child's foster care provider and
shall
include an opportunity for those persons to submit any
written
materials to be included in the case record of the child.
If a
parent, guardian, custodian, guardian ad litem, or foster
care
provider of the child cannot be located after reasonable
efforts
to do so or declines to participate in the administrative
review
after being contacted, the agency does not have to include
them in
the joint meeting.
(D) The agency shall prepare a written summary of the
semiannual administrative review that shall include, but not be
limited to, all of the following:
(1) A conclusion regarding the safety and appropriateness of
the
child's foster care placement;
(2) The extent of the compliance with the case plan of all
parties;
(3) The extent of progress that has been made toward
alleviating the circumstances that required the agency to assume
temporary custody of the child;
(4) An estimated date by which the child may be returned
to
and safely maintained in the child's home or placed for adoption
or
legal custody;
(5) An updated case plan that includes any changes that
the
agency is proposing in the case plan;
(6) The recommendation of the agency as to which agency or
person should be given custodial rights over the child for the
six-month period after the administrative review;
(7) The names of all persons who participated in the
administrative review.
(E) The agency shall file the summary with
the court no
later than seven days after the completion of the administrative
review. If the agency proposes a change to the case plan as a
result of
the administrative review, the agency shall file the
proposed change with the
court at the time it files the summary.
The agency shall give notice of the
summary and proposed change in
writing before the end of the next day after
filing them to all
parties and the child's guardian ad litem. All parties and
the
guardian ad litem shall have seven days after the date the notice
is sent
to object to and request a hearing on the proposed change.
(1) If the court receives a timely request for a hearing,
the court shall
schedule a hearing pursuant to section 2151.417 of
the Revised Code to be held not later than
thirty days after the
court receives the request. The court shall give notice
of the
date, time, and location of the hearing to all parties and the
guardian
ad litem. The agency may implement the proposed change
after the hearing, if
the court approves it. The agency shall not
implement the proposed change
unless it is approved by the court.
(2) If the court does not receive a timely request for a
hearing, the
court may approve the proposed change without a
hearing. If the court
approves the proposed change without a
hearing, it shall journalize the case
plan with the change not
later than fourteen days after the change is filed
with the court.
If the court does not approve the proposed change to the case
plan, it shall schedule a review hearing to be held pursuant to
section
2151.417 of the Revised Code no later than thirty days
after the expiration of the
fourteen-day time period and give
notice of the date, time, and location of
the hearing to all
parties and the guardian ad litem of the child. If,
despite the
requirements of this division and division (D) of section
2151.417
of the Revised Code, the court neither approves and journalizes
the proposed change
nor conducts a hearing, the agency may
implement the proposed change not
earlier than fifteen days after
it is submitted to the court.
(F) The director of job and
family services may adopt
rules
pursuant to Chapter 119. of the Revised Code for procedures and
standard forms for conducting administrative reviews pursuant to
this section.
(G) The juvenile court that receives the written summary
of
the administrative review, upon determining, either from the
written summary, case plan, or otherwise, that the custody or
care
arrangement is not in the best interest of the child, may
terminate the custody of an agency and place the child in the
custody of another institution or association certified
by the
department of job and family services under
section 5103.03 of the
Revised Code.
(H) The department of job and family services shall
report
annually
to the public and to the general assembly on the results
of the
review of case plans of each agency and on the results of
the
summaries submitted to the department under section 3107.10 of
the Revised Code. The annual report shall include any
information
that is required by the department, including, but
not limited to,
all of the following:
(1) A statistical analysis of the administrative reviews
conducted pursuant to this section and section 2151.417 of the
Revised Code;
(2) The number of children in temporary or permanent
custody
for whom an administrative review was conducted, the
number of
children whose custody status changed during the
period, the
number of children whose residential placement
changed during the
period, and the number of residential
placement changes for each
child during the period;
(3) An analysis of the utilization of public social
services
by agencies and parents or guardians, and the
utilization of the
adoption listing service of the department
pursuant to section
5103.154 of the Revised Code;
(4) A compilation and analysis of data submitted to the
department under section 3107.10 of the Revised Code.
Sec. 2152.43. (A) A board of county
commissioners that
provides a detention facility
and the board of trustees of a
district detention facility
may apply to
the department of youth
services under section 5139.281 of the Revised Code
for
assistance
in defraying the cost of operating and
maintaining
the
facility.
The application shall be
made on forms
prescribed and
furnished by
the department.
The board of county commissioners of each county that
participates
in a district detention facility may apply to the
department of youth
services for assistance in defraying the
county's share of the
cost of acquisition or construction of the
facility, as provided
in section 5139.271 of the Revised Code.
Application shall be made
in accordance with rules adopted by the
department. No county shall be
reimbursed for expenses incurred
in the acquisition or construction of a
district
detention
facility that serves a district having a population of
less than
one hundred thousand.
(B)(1) The
joint boards of county
commissioners of district
detention
facilities shall defray
all necessary expenses of the
facility not paid from
funds made available under
section 5139.281
of the Revised Code, through annual assessments of
taxes, through
gifts, or through other means.
If any county withdraws from a district under division (D) of
section 2152.41 of the Revised Code, it shall continue to
have
levied against its tax duplicate any tax levied by the district
during the
period in which the county was a member of the district
for current operating expenses, permanent improvements, or the
retirement of bonded indebtedness. The levy shall continue to be
a levy against the tax duplicate of the county until the time
that
it expires or is renewed.
(2) The current expenses of maintaining the facility not
paid
from funds made available under section 5139.281 of the
Revised
Code or division (C) of this
section, and the cost of
ordinary repairs to the facility, shall be paid by
each county in
accordance with one of the following methods as approved by the
joint board of
county
commissioners:
(a) In proportion to the number of children from that county
who
are maintained in the facility during the year;
(b) By a levy submitted by the joint board of county
commissioners under division (A) of section 5705.19 of the
Revised
Code and approved by the electors of the district;
(c) In proportion to the taxable property of each county, as
shown by its tax duplicate;
(d) In any combination of the methods for payment described
in
division (B)(2)(a), (b), or
(c) of this section other method agreed upon by unanimous vote of the joint board of county commissioners.
(C) When any person donates or bequeaths any real
or
personal property to a county or district detention facility, the
juvenile
court or the trustees
of the facility may accept and use
the gift, consistent with the best interest
of
the institution and
the conditions of the
gift.
Sec. 2152.74. (A) As used in this section,
"DNA
analysis"
and "DNA specimen" have the same meanings as in section
109.573 of
the Revised Code.
(B)(1) A child who is adjudicated a delinquent child for
committing an act
listed in division (D) of this section and who
is committed to the custody of
the department of youth services,
placed in a detention facility or district detention facility
pursuant to division (A)(3) of section 2152.19 of the Revised
Code, or
placed in a school, camp, institution,
or other
facility for delinquent
children described in division
(A)(2) of
section 2152.19 of the
Revised Code
shall submit to a DNA
specimen collection procedure
administered by the director of
youth services
if committed to the
department or by the chief
administrative
officer of the
detention facility, district
detention facility, school,
camp, institution, or other facility
for
delinquent children to
which the child was committed
or in
which the child was placed. If the
court commits the child to
the
department of youth services, the
director of youth services
shall
cause the DNA specimen to be
collected from the child during
the
intake process at an institution
operated by or under the
control
of the department. If the
court commits the child to
or places
the child in a
detention facility, district detention facility,
school, camp, institution, or other
facility for delinquent
children, the chief administrative
officer of the
detention
facility, district detention facility, school, camp,
institution,
or facility to which
the child is committed
or in which the child
is placed shall
cause the
DNA specimen to be collected
from the
child during the
intake process for the
detention facility,
district detention facility, school, camp,
institution, or
facility. In
accordance with division (C) of this section,
the
director or the
chief administrative officer
shall cause the
DNA
specimen to be
forwarded to
the bureau of criminal identification
and
investigation no later
than fifteen days after the date of the
collection of the
DNA specimen. The DNA specimen shall be
collected
from the child in accordance with division
(C) of this
section.
(2) If a child is adjudicated a delinquent child for
committing an act
listed in division (D) of this section, is
committed to
or placed in the
department of youth
services, a
detention facility or district detention facility, or
a school,
camp, institution, or other facility for
delinquent children, and
does not submit to a DNA
specimen collection
procedure pursuant to
division (B)(1) of this section, prior to the child's
release from
the custody of the department of
youth services, from the custody
of the detention facility or district detention facility, or from
the
custody of the school, camp,
institution, or facility, the
child
shall submit to, and the
director of youth services or the
chief
administrator of the
detention facility, district detention
facility, school, camp, institution, or facility to
which the
child is
committed
or in which the child was placed shall
administer, a DNA specimen
collection
procedure at the institution
operated by or under the
control of
the department of youth
services or at the
detention facility, district detention
facility, school,
camp, institution, or
facility to which the
child is committed
or in which the child was placed.
In
accordance
with
division (C) of this section, the director or
the
chief
administrative officer shall cause the DNA
specimen to
be
forwarded to the bureau of criminal identification and
investigation no later than fifteen days after the date of the
collection of
the DNA specimen. The DNA specimen shall be
collected in
accordance with division (C) of this section.
(C)
If the DNA specimen is collected by withdrawing blood
from the child or a similarly invasive procedure, a physician,
registered nurse,
licensed practical nurse,
duly licensed clinical
laboratory technician, or
other qualified
medical practitioner
shall collect in a medically approved
manner
the DNA specimen
required to be collected pursuant to division
(B)
of this section.
If the DNA specimen is collected by swabbing for buccal cells or a
similarly noninvasive procedure, this section does not require
that the DNA specimen be collected by a qualified medical
practitioner of that nature. No later than fifteen days after the
date of
the
collection of the DNA specimen, the
director of youth
services or
the chief
administrative officer of the
detention
facility, district detention facility, school, camp,
institution,
or
other facility for delinquent children to which
the child is
committed
or in which the child was placed shall cause the DNA
specimen to be
forwarded to the
bureau of criminal
identification
and
investigation in accordance
with procedures established by the
superintendent
of the bureau
under division (H) of section 109.573
of
the Revised Code. The
bureau shall provide the
specimen vials,
mailing tubes, labels,
postage, and instruction
needed for the
collection and
forwarding
of the DNA specimen to the bureau.
(D) The director of youth services and the chief
administrative
officer of a
detention facility, district detention
facility, school, camp, institution, or other
facility for
delinquent
children shall cause a DNA specimen to be
collected in
accordance
with divisions (B) and (C) of this section
from each
child
in its custody who is adjudicated a delinquent
child for
committing any
of the following
acts:
(1) A violation of section 2903.01, 2903.02,
2903.11,
2905.01,
2907.02, 2907.03, 2907.05,
2911.01, 2911.02,
2911.11,
or
2911.12 of the Revised Code;
(2) A violation of section 2907.12 of the Revised Code as it
existed prior to
September 3, 1996;
(3) An attempt to commit a violation of section
2903.01,
2903.02, 2907.02,
2907.03,
or
2907.05 of the Revised Code or to
commit a violation
of
section 2907.12 of the Revised Code as it
existed prior to
September 3,
1996;
(4) A
violation of any law that arose out of the same
facts
and
circumstances and
same act as did a charge against the
child
of a violation
of section 2903.01, 2903.02,
2905.01,
2907.02,
2907.03,
2907.05,
or
2911.11 of the Revised
Code
that previously
was dismissed or
amended or as did a charge
against the
child of a
violation of
section 2907.12 of the Revised
Code as it existed
prior to
September 3, 1996, that previously was
dismissed or
amended;
(5) A violation of section 2905.02 or 2919.23 of the
Revised
Code that would have been a
violation of section 2905.04 of the
Revised Code as it existed prior to July
1, 1996, had the
violation been committed prior to that date;
(6) A felony violation of any law that arose out of the same
facts and circumstances and same act as did a charge against the
child of a violation of section 2903.11, 2911.01, 2911.02, or
2911.12 of the Revised Code that previously was dismissed or
amended;
(7) A violation of section 2923.01 of the Revised Code
involving a conspiracy to commit a violation of section 2903.01,
2903.02, 2905.01, 2911.01, 2911.02, 2911.11, or 2911.12 of the
Revised Code;
(8) A violation of section 2923.03 of the Revised Code
involving complicity in committing a violation of section 2903.01,
2903.02, 2903.11, 2905.01, 2907.02, 2907.03, 2907.04, 2907.05,
2911.01, 2911.02, 2911.11, or 2911.12 of the Revised Code or a
violation of section 2907.12 of the Revised Code as it existed
prior to September 3, 1996.
(E) The director of youth services and the chief
administrative
officer of a
detention facility, district detention
facility, school, camp, institution, or other
facility for
delinquent
children is not required to comply with
this section
in
relation to the following acts until the
superintendent
of the
bureau of criminal
identification and
investigation gives agencies
in the
juvenile
justice system, as
defined in section 181.51 5502.61 of
the Revised Code,
in
the state
official notification that the
state DNA laboratory
is prepared to
accept DNA
specimens
of that
nature:
(1) A violation of section 2903.11, 2911.01, 2911.02, or
2911.12 of the Revised Code;
(2) An attempt to commit a violation of section 2903.01 or
2903.02 of the Revised Code;
(3) A felony violation of any law that arose out of the same
facts
and circumstances and same act as did a charge against the
child
of a violation of section 2903.11, 2911.01, 2911.02, or
2911.12 of
the Revised Code that previously was dismissed or
amended;
(4) A violation of section 2923.01 of the Revised Code
involving a conspiracy to commit a violation of section 2903.01,
2903.02, 2905.01, 2911.01, 2911.02, 2911.11, or 2911.12 of the
Revised Code;
(5) A violation of section 2923.03 of the Revised Code
involving complicity in committing a violation of section 2903.01,
2903.02, 2903.11, 2905.01, 2907.02, 2907.03, 2907.04, 2907.05,
2911.01, 2911.02, 2911.11, or 2911.12 of the Revised Code or a
violation of section 2907.12 of the Revised Code as it existed
prior to September 3, 1996.
Sec. 2303.201. (A)(1) The court of common pleas of any
county may determine that for the efficient operation of the
court
additional funds are required to computerize the court, to
make
available computerized legal research services, or to do
both.
Upon making a determination that additional funds are
required for
either or both of those purposes, the court shall
authorize and
direct the clerk of the court of common pleas to
charge one
additional fee, not to exceed three dollars, on the
filing of each
cause of action or appeal under divisions (A),
(Q), and (U) of
section 2303.20 of the Revised Code.
(2) All fees collected under division (A)(1) of this
section
shall be paid to the county treasurer. The treasurer
shall place
the funds from the fees in a separate fund to be
disbursed, upon
an order of the court, in an amount not greater
than the actual
cost to the court of procuring and maintaining
computerization of
the court, computerized legal research
services, or both.
(3) If the court determines that the funds in the fund
described in division (A)(2) of this section are more than
sufficient to satisfy the purpose for which the additional fee
described in division (A)(1) of this section was imposed, the
court may declare a surplus in the fund and expend those surplus
funds for other appropriate technological expenses of the court.
(B)(1) The court of common pleas of any county may
determine
that, for the efficient operation of the court,
additional funds
are required to computerize the office of the
clerk of the court
of common pleas and, upon that determination,
authorize and direct
the clerk of the court of common pleas to
charge an additional
fee, not to exceed ten dollars, on the
filing of each cause of
action or appeal, on the filing,
docketing, and endorsing of each
certificate of judgment, or on
the docketing and indexing of each
aid in execution or petition
to vacate, revive, or modify a
judgment under divisions (A), (P),
(Q), (T), and (U) of section
2303.20 of the Revised Code.
Subject to division (B)(2) of this
section, all moneys collected
under division (B)(1) of this
section shall be paid to the county
treasurer to be disbursed,
upon an order of the court of common
pleas and subject to
appropriation by the board of county
commissioners, in an amount
no greater than the actual cost to
the court of procuring and
maintaining computer systems for the
office of the clerk of the
court of common pleas.
(2) If the court of common pleas of a county makes the
determination described in division (B)(1) of this section, the
board of county commissioners of that county may issue one or
more
general obligation bonds for the purpose of procuring and
maintaining the computer systems for the office of the clerk of
the court of common pleas. In addition to the purposes stated in
division (B)(1) of this section for which the moneys collected
under that division may be expended, the moneys additionally may
be expended to pay debt charges on and financing costs related to
any general obligation bonds issued pursuant to division (B)(2)
of
this section as they become due. General obligation bonds
issued
pursuant to division (B)(2) of this section are Chapter
133.
securities.
(C)
The
court of common pleas shall collect the sum of
fifteen twenty-six dollars
as
additional filing fees in each new civil action
or proceeding
for
the charitable public purpose of providing
financial
assistance
to legal aid societies that operate within
the state and to support the office of the state public defender.
This
division does not apply to proceedings concerning
annulments,
dissolutions of marriage, divorces, legal separation,
spousal
support, marital property or separate property
distribution,
support, or other domestic relations matters; to a
juvenile
division of a court of common pleas; to a probate
division of a
court of common pleas, except that the additional
filing fees
shall apply to name change, guardianship, and adoption, and decedents' estate
proceedings; or to an execution on a judgment, proceeding in aid
of execution, or other post-judgment proceeding arising out of a
civil action. The filing fees required to be collected under
this
division shall be in addition to any other filing fees
imposed in
the action or proceeding and shall be collected at the
time of the
filing of the action or proceeding. The court shall
not waive the
payment of the additional filing fees in a new
civil action or
proceeding unless the court waives the advanced
payment of all
filing fees in the action or proceeding. All such
moneys
collected during a month shall be transmitted on or before the
twentieth day of the following month by the clerk of the court to
the
treasurer of state in a manner prescribed by the treasurer of state or by the Ohio legal assistance foundation. The
moneys then shall be deposited by the
treasurer of state shall deposit four per cent of the funds collected under this division to the credit of the civil case filing fee fund established under section 120.07 of the Revised Code and ninety-six per cent of the funds collected under this division to the
credit of the legal aid fund established
under section 120.52 of
the Revised Code.
The court may retain up to one per cent of the moneys it
collects under this division to cover administrative costs,
including the hiring of any additional personnel necessary to
implement this division.
(D) On and after the thirtieth day after December 9, 1994,
the court of
common pleas shall collect the sum
of thirty-two
dollars as additional filing fees in each new
action or proceeding
for annulment, divorce, or dissolution of
marriage for the purpose
of funding shelters for victims of
domestic violence pursuant to
sections 3113.35 to 3113.39 of the
Revised Code. The filing fees
required to be collected under
this division shall be in addition
to any other filing fees
imposed in the action or proceeding and
shall be collected at the
time of the filing of the action or
proceeding. The court shall
not waive the payment of the
additional filing fees in a new
action or proceeding for
annulment, divorce, or dissolution of
marriage unless the court
waives the advanced payment of all
filing fees in the action or
proceeding. On or before the twentieth day of
each month, all
moneys collected during the immediately preceding month
pursuant
to this division
shall
be deposited by the clerk of the court into
the county treasury
in the special fund used for deposit of
additional marriage
license fees as described in section 3113.34
of the Revised Code.
Upon their deposit into the fund, the moneys
shall be retained
in the fund and expended only as described in
section 3113.34 of
the Revised Code.
(E)(1) The court of common pleas may determine that, for the
efficient operation of the court, additional funds are necessary
to acquire
and pay for special projects of the court, including,
but not limited to, the
acquisition of additional facilities or
the rehabilitation of existing
facilities, the acquisition of
equipment, the hiring and training of staff,
community service
programs, mediation or dispute resolution services, the
employment
of magistrates, the training and education of judges, acting
judges, and magistrates, and other related services. Upon that
determination,
the court by rule may charge a fee, in addition to
all other court costs, on
the filing of each criminal cause, civil
action or proceeding, or judgment by
confession.
If the court of common pleas offers a special program or
service in cases
of a specific type, the court by rule may assess
an additional charge in a
case of that type, over and above court
costs, to cover the special program or
service. The court shall
adjust the special assessment periodically, but not
retroactively,
so that the amount assessed in those cases does not exceed the
actual cost of providing the service or program.
All moneys collected under division (E) of this section shall
be
paid to the county treasurer for deposit into either a general
special
projects fund or a fund established for a specific special
project. Moneys
from a fund of that nature shall be disbursed
upon an order of the court in an
amount no greater than the actual
cost to the court of a project. If a
specific fund is terminated
because of the discontinuance of a program or
service established
under division (E) of this section, the court may
order that
moneys remaining in the fund be transferred to an account
established under this division for a similar purpose.
(2) As used in division (E) of this section:
(a)
"Criminal cause" means a charge alleging the violation
of
a
statute or ordinance, or subsection of a statute or
ordinance,
that requires a
separate finding of fact or a separate
plea before
disposition and of which
the defendant may be found
guilty,
whether filed as part of a multiple charge
on a single
summons,
citation, or complaint or as a separate charge on a
single
summons, citation, or complaint.
"Criminal cause" does not
include
separate violations of the same statute or ordinance, or
subsection of the
same statute or ordinance, unless each charge is
filed on a separate summons,
citation, or complaint.
(b)
"Civil action or proceeding" means any civil litigation
that
must be determined by judgment entry.
Sec. 2305.234. (A) As used in this section:
(1)
"Chiropractic claim,"
"medical claim," and
"optometric
claim"
have the same meanings as in section
2305.113 of
the Revised
Code.
(2)
"Dental claim" has the same meaning as in section
2305.113 of the Revised
Code, except that it does not include any
claim arising out of a dental
operation or any derivative claim
for relief that arises out of a dental
operation.
(3)
"Governmental health care program" has the same meaning
as in
section
4731.65 of the Revised Code.
(4)
"Health care facility or location" means a hospital, clinic, ambulatory surgical facility, office of a health care professional or associated group of health care professionals, training institution for health care professionals, or any other place where medical, dental, or other health-related diagnosis, care, or treatment is provided to a person.
(5) "Health care professional" means any of the following
who
provide medical, dental, or other health-related
diagnosis,
care,
or treatment:
(a) Physicians authorized under Chapter 4731. of the Revised
Code to practice
medicine and surgery or osteopathic medicine and
surgery;
(b) Registered nurses and
licensed practical nurses licensed
under Chapter
4723. of the
Revised Code and individuals who hold a certificate of authority issued under that chapter that authorizes the practice of nursing as a certified registered nurse anesthetist, clinical nurse specialist, certified nurse-midwife, or certified nurse practitioner;
(c) Physician assistants authorized to practice under
Chapter 4730. of the
Revised Code;
(d) Dentists and dental hygienists licensed under Chapter
4715. of the
Revised Code;
(e) Physical therapists, physical therapist assistants, occupational therapists, and occupational therapy assistants licensed under Chapter 4755. of the
Revised
Code;
(f) Chiropractors licensed under Chapter 4734. of the
Revised Code;
(g) Optometrists licensed under Chapter 4725. of the Revised
Code;
(h) Podiatrists authorized under Chapter 4731. of the
Revised Code to
practice podiatry;
(i) Dietitians licensed under Chapter 4759. of the Revised
Code;
(j) Pharmacists licensed under Chapter 4729. of the
Revised
Code;
(k) Emergency medical technicians-basic, emergency medical
technicians-intermediate, and emergency medical
technicians-paramedic, certified under Chapter 4765. of the
Revised Code;
(l) Respiratory care professionals licensed under Chapter 4761. of the Revised Code;
(m) Speech-language pathologists and audiologists licensed under Chapter 4753. of the Revised Code.
(6)
"Health care worker" means a person other than a health
care
professional who provides medical, dental, or other
health-related care or
treatment under the direction of a health
care professional with the authority
to direct that individual's
activities, including
medical technicians, medical assistants,
dental assistants,
orderlies, aides, and individuals acting in
similar capacities.
(7)
"Indigent and uninsured person" means a person who meets
all of the
following requirements:
(a) The person's income is not greater than two hundred
per
cent of the current poverty line as defined by the
United States office of
management and budget and revised in
accordance with section 673(2) of the
"Omnibus Budget
Reconciliation Act of 1981," 95 Stat. 511, 42 U.S.C. 9902, as
amended.
(b) The person is not eligible to receive medical assistance
under Chapter
5111., disability medical assistance
under Chapter 5115. of the
Revised Code, or assistance under any
other governmental health care
program.
(c) Either of the following applies:
(i) The person is not a policyholder, certificate
holder,
insured, contract holder, subscriber, enrollee, member,
beneficiary, or other covered individual under a health insurance
or health care policy, contract, or plan.
(ii) The person is a policyholder, certificate holder,
insured, contract holder, subscriber, enrollee, member,
beneficiary, or other covered individual under a health insurance
or health care policy, contract, or plan, but the insurer,
policy,
contract, or plan denies coverage or is the subject of
insolvency
or bankruptcy proceedings in any jurisdiction.
(8) "Nonprofit health care referral organization" means an entity that is not operated for profit and refers patients to, or arranges for the provision of, health-related diagnosis, care, or treatment by a health care professional or health care worker.
(9)
"Operation" means any procedure that involves cutting or
otherwise
infiltrating human tissue by mechanical means, including
surgery, laser
surgery, ionizing radiation, therapeutic
ultrasound, or the removal of
intraocular foreign bodies.
"Operation" does not include the administration
of medication by
injection, unless the injection is administered in
conjunction
with a procedure infiltrating human tissue by mechanical means
other than the administration of medicine by injection. "Operation" does not include routine dental restorative procedures, the scaling of teeth, or extractions of teeth that are not impacted.
(10)
"Tort action" means a civil action for
damages for
injury, death, or loss to person or property other
than a civil
action for damages for a breach of contract or
another agreement
between persons or government entities.
(11)
"Volunteer" means an individual who provides any
medical, dental, or
other health-care related diagnosis, care, or
treatment without
the expectation of receiving and without receipt
of any compensation or other
form of remuneration from an indigent
and uninsured person,
another person on behalf of an indigent and
uninsured person, any
health care facility or location, any nonprofit health care referral organization, or any
other person or government entity.
(12) "Community control sanction" has the same meaning as in section 2929.01 of the Revised Code.
(13) "Deep sedation" means a drug-induced depression of consciousness during which a patient cannot be easily aroused but responds purposefully following repeated or painful stimulation, a patient's ability to independently maintain ventilatory function may be impaired, a patient may require assistance in maintaining a patent airway and spontaneous ventilation may be inadequate, and cardiovascular function is usually maintained.
(14) "General anesthesia" means a drug-induced loss of consciousness during which a patient is not arousable, even by painful stimulation, the ability to independently maintain ventilatory function is often impaired, a patient often requires assistance in maintaining a patent airway, positive pressure ventilation may be required because of depressed spontaneous ventilation or drug-induced depression of neuromuscular function, and cardiovascular function may be impaired.
(B)(1) Subject to divisions (F) and (G)(3) of this section,
a health care
professional who is a volunteer and complies with
division (B)(2) of this
section is not liable in damages to any
person or government entity in a tort
or other civil action,
including an action on a medical, dental,
chiropractic,
optometric, or other health-related claim, for injury, death, or
loss to person or property that allegedly arises from an action or
omission of the volunteer in the provision to an indigent and uninsured person of
medical, dental, or other
health-related diagnosis, care, or
treatment, including the provision of samples of medicine and
other medical
products, unless the action or omission constitutes
willful or wanton
misconduct.
(2) To qualify for the immunity described in division
(B)(1)
of this section, a health care professional shall
do all of the
following prior to providing diagnosis, care, or treatment:
(a) Determine, in good faith, that the indigent and
uninsured
person is mentally capable of giving informed consent to
the provision of the diagnosis, care, or treatment and is
not
subject to duress or under undue influence;
(b) Inform the person of the provisions of this section, including notifying the person that, by giving informed consent to the provision of the diagnosis, care, or treatment, the person cannot hold the health care professional liable for damages in a tort or other civil action, including an action on a medical, dental, chiropractic, optometric, or other health-related claim, unless the action or omission of the health care professional constitutes willful or wanton misconduct;
(c) Obtain the informed consent of the person and a written
waiver, signed by the person or by
another individual on behalf of
and in the presence of the person, that states
that the person is
mentally competent to give informed consent and,
without being
subject to duress or under undue influence, gives
informed consent
to the provision of the diagnosis, care, or
treatment subject to
the provisions of this section. A written waiver under division (B)(2)(c) of this section shall state clearly and in conspicuous type that the person or other individual who signs the waiver is signing it with full knowledge that, by giving informed consent to the provision of the diagnosis, care, or treatment, the person cannot bring a tort or other civil action, including an action on a medical, dental, chiropractic, optometric, or other health-related claim, against the health care professional unless the action or omission of the health care professional constitutes willful or wanton misconduct.
(3) A physician or podiatrist who is not covered
by medical
malpractice insurance, but complies with division
(B)(2) of this
section, is not required to comply with division (A) of section
4731.143 of the Revised Code.
(C) Subject to divisions (F) and (G)(3) of this section,
health care workers
who are volunteers are not liable in damages
to any person or government
entity in a tort or other civil
action, including an action upon a medical,
dental, chiropractic,
optometric, or other health-related claim, for injury,
death, or
loss to person or property that allegedly arises from
an action or
omission of the health care worker in the
provision to an indigent and
uninsured
person of medical, dental, or other health-related diagnosis,
care,
or treatment, unless the action or omission constitutes
willful or wanton
misconduct.
(D) Subject to divisions (F) and (G)(3) of this section, a nonprofit health care referral organization is not liable in damages to any person or government entity in a tort or other civil action, including an action on a medical, dental, chiropractic, optometric, or other health-related claim, for injury, death, or loss to person or property that allegedly arises from an action or omission of the nonprofit health care referral organization in referring indigent and uninsured persons to, or arranging for the provision of, medical, dental, or other health-related diagnosis, care, or treatment by a health care professional described in division (B)(1) of this section or a health care worker described in division (C) of this section, unless the action or omission constitutes willful or wanton misconduct.
(E) Subject to divisions (F) and (G)(3) of this section and
to the extent that the registration requirements of section 3701.071
of the Revised Code apply, a
health care facility or location associated
with a health care professional
described in division (B)(1) of this section, a health care
worker described in division (C) of this section, or a nonprofit health care referral organization described in division (D) of this section is
not liable in
damages to any person or government entity in a tort or other
civil action, including an action on a medical, dental,
chiropractic,
optometric, or
other health-related claim, for
injury, death, or loss to person or property
that allegedly arises
from an action or omission of the health care
professional or
worker or nonprofit health care referral organization relative to the medical,
dental,
or other health-related diagnosis, care, or treatment provided to an
indigent
and uninsured person on behalf of or at the health care facility or location, unless the action or omission
constitutes willful or
wanton misconduct.
(F)(1) Except as provided in division (F)(2) of this
section, the immunities provided by divisions
(B), (C), (D), and (E) of
this section are not
available to a health care professional, health care worker, nonprofit health care referral organization, or health care facility or location if, at the time of an alleged
injury, death, or loss to person or property, the
health care professionals or health care workers involved are
providing one of the following:
(a) Any medical, dental, or other health-related diagnosis,
care,
or treatment pursuant
to a community service work order
entered by a court under division
(B) of section 2951.02 of the
Revised
Code or imposed by a court as a community control
sanction;
(b) Performance of an operation to which any one of the following applies:
(i) The operation requires the administration of deep sedation or general anesthesia.
(ii) The operation is a procedure that is not typically performed in an office.
(iii) The individual involved is a health care professional, and the operation is beyond the scope of practice or the education, training, and competence, as applicable, of the health care professional.
(c) Delivery of a baby or any other purposeful termination of a human pregnancy.
(2) Division (F)(1) of this section does not apply when a health care professional or health care worker provides medical, dental, or other health-related diagnosis, care, or
treatment that is
necessary to preserve the life of a person in a
medical emergency.
(G)(1) This section does not create a new cause
of action or
substantive legal right against a health care professional,
health
care worker, nonprofit health care referral organization, or health care facility or location.
(2) This section does not affect any immunities from
civil
liability or defenses established by another section of the
Revised Code or available at common law to which
a health care professional, health care worker, nonprofit health care referral organization, or
health care facility or location may be entitled in
connection with the
provision of emergency or other medical, dental, or other health-related diagnosis,
care, or
treatment.
(3) This section does not grant an immunity from tort
or
other civil liability to a health care professional, health care worker, nonprofit health care referral organization, or
health
care facility or location for actions that are outside the scope of
authority of health
care professionals or health care workers.
(4) This section does not affect any legal responsibility of
a
health care professional, health care worker, or nonprofit health care referral organization to comply with
any applicable law of this state or rule of an agency of this
state.
(5) This section does not affect any legal
responsibility of
a health care facility or location to comply
with any
applicable law of this state, rule of an agency of this
state, or
local code, ordinance, or regulation that pertains to
or regulates
building, housing, air pollution, water pollution,
sanitation,
health, fire, zoning, or safety.
Sec. 2305.2341. (A) The medical liability insurance reimbursement program is hereby established. Free clinics, including the clinics' staff and volunteer health care professionals and volunteer health care workers, may participate in the medical liability insurance reimbursement program established by this section. The coverage provided under the program shall be limited to claims that arise out of the diagnosis, treatment, and care of patients of free clinics, as defined in division (D)(1) of this section.
(B) A free clinic is eligible to receive reimbursement under the medical liability insurance reimbursement program for the premiums that the clinic pays for medical liability insurance coverage for the clinic, its staff, and volunteer health care professionals and health care workers. Free clinics shall register with the department of health by the thirty-first day of January of each year in order to participate in and to obtain reimbursement under the program. Free clinics shall provide all of the following to the department of health at the time of registration:
(1) A statement of the number of volunteer and paid health care professionals and health care workers providing health care services at the free clinic at that time;
(2) A statement of the number of health care services rendered by the free clinic during the previous fiscal year;
(3) A signed form acknowledging that the free clinic agrees to follow its medical liability insurer's risk management and loss prevention policies;
(4) A copy of the medical liability insurance policy purchased by the free clinic, or the policy's declaration page, and documentation of the premiums paid by the clinic.
(C) The department of health shall reimburse free clinics participating in the professional liability insurance reimbursement program for eighty per cent of the premiums that the free clinic pays for medical liability insurance coverage up to twenty thousand dollars. Appropriations to the department of health may be made from the general fund of the state for this purpose.
(D) As used in this section:
(1) "Free clinic" means a nonprofit organization exempt from federal income taxation under section 501(c)(3) of the "Internal Revenue Code of 1986," as amended, or a program component of a nonprofit organization, whose primary mission is to provide health care services for free or for a minimal administrative fee to individuals with limited resources. A free clinic facilitates the delivery of health care services through the use of volunteer health care professionals and voluntary care networks. For this purpose, a free clinic shall comply with all of the following:
(a) If a free clinic does request a minimal administrative fee, a free clinic shall not deny an individual access to its health care services based on an individual's ability to pay the fee.
(b) A free clinic shall not bill a patient for health care services rendered.
(c) Free clinics shall not perform operations, as defined by divisions (A)(9) and (F)(1)(b) of section 2305.234 of the Revised Code.
A clinic is not a free clinic if the clinic bills medicaid, medicare, or other third-party payers for health care services rendered at the clinic, and receives twenty-five per cent or more of the clinic's annual revenue from the third-party payments.
(2) "Health care professional" and "health care worker" have the same meanings as in section 2305.234 of the Revised Code.
Sec. 2307.65. (A) The attorney general may bring a civil action in the Franklin county court of common pleas on behalf of the department of job and family services, and the prosecuting attorney of the county in which a violation of division (B) of section 2913.401 of the Revised Code occurs may bring a civil action in the court of common pleas of that county on behalf of the county department of job and family services, against a person who violates division (B) of section 2913.401 of the Revised Code for the recovery of the amount of benefits paid on behalf of a person that either department would not have paid but for the violation minus any amounts paid in restitution under division (C)(2) of section 2913.401 of the Revised Code and for reasonable attorney's fees and all other fees and costs of litigation.
(B) In a civil action brought under division (A) of this section, if the defendant failed to disclose a transfer of property in violation of division (B)(3) of section 2913.401 of the Revised Code, the court may also grant any of the following relief to the extent permitted by 42 U.S.C. 1396p:
(1) Avoidance of the transfer of property that was not disclosed in violation of division (B)(3) of section 2913.401 of the Revised Code to the extent of the amount of benefits the department would not have paid but for the violation;
(2) An order of attachment or garnishment against the property in accordance with Chapter 2715. or 2716. of the Revised Code;
(3) An injunction against any further disposition by the transferor or transferee, or both, of the property the transfer of which was not disclosed in violation of division (B)(3) of section 2913.401 of the Revised Code or against the disposition of other property by the transferor or transferee;
(4) Appointment of a receiver to take charge of the property transferred or of other property of the transferee;
(5) Any other relief that the court considers just and equitable.
(C) To the extent permitted by 42 U.S.C. 1396p, the department of job and family services or the county department of job and family services may enforce a judgment obtained under this section by levying on property the transfer of which was not disclosed in violation of division (B)(3) of section 2913.401 of the Revised Code or on the proceeds of the transfer of that property in accordance with Chapter 2329. of the Revised Code.
(D) The remedies provided in divisions (B) and (C) of this section do not apply if the transferee of the property the transfer of which was not disclosed in violation of division (B)(3) of section 2913.401 of the Revised Code acquired the property in good faith and for fair market value.
(E) The remedies provided in this section are not exclusive and do not preclude the use of any other criminal or civil remedy for any act that is in violation of section 2913.401 of the Revised Code.
(F) Amounts of medicaid benefits paid and recovered in an action brought under this section shall be credited to the general revenue fund, and any applicable federal share shall be returned to the appropriate agency or department of the United States.
Sec. 2329.66. (A) Every person who is domiciled in this
state may hold property exempt from execution, garnishment,
attachment, or sale to satisfy a judgment or order, as follows:
(1)(a) In the case of a judgment or order regarding money
owed for health care services rendered or health care supplies
provided to the person or a dependent of the person, one parcel
or
item of real or personal property that the person or a
dependent
of the person uses as a residence. Division (A)(1)(a)
of this
section does not preclude, affect, or invalidate the
creation
under this chapter of a judgment lien upon the exempted
property
but only delays the enforcement of the lien until the
property is
sold or otherwise transferred by the owner or in
accordance with
other applicable laws to a person or entity other
than the
surviving spouse or surviving minor children of the
judgment
debtor. Every person who is domiciled in this state may
hold
exempt from a judgment lien created pursuant to division
(A)(1)(a)
of this section the person's interest, not to exceed five
thousand
dollars, in the exempted property.
(b) In the case of all other judgments and orders, the
person's interest, not to exceed five thousand dollars, in one
parcel or item of real or personal property that the person or a
dependent of the person uses as a residence.
(2) The person's interest, not to exceed one thousand
dollars, in one
motor vehicle;
(3) The person's interest, not to exceed two hundred
dollars
in any particular item, in wearing apparel, beds, and
bedding, and
the person's interest, not to exceed three hundred
dollars in each
item, in one cooking unit and one refrigerator or
other food
preservation unit;
(4)(a) The person's interest, not to exceed four hundred
dollars, in cash on hand, money due and payable, money to become
due within ninety days, tax refunds, and money on deposit with a
bank, savings and loan association, credit union, public utility,
landlord, or other person. Division (A)(4)(a) of this section
applies only in
bankruptcy proceedings. This exemption may
include the portion
of personal earnings that is not exempt under
division (A)(13) of
this section.
(b) Subject to division (A)(4)(d) of this section, the
person's interest, not to exceed two hundred dollars in any
particular item, in household furnishings, household goods,
appliances, books, animals, crops, musical instruments, firearms,
and hunting and fishing equipment, that are held primarily for
the
personal, family, or household use of the person;
(c) Subject to division (A)(4)(d) of this section, the
person's interest in one or more items of jewelry, not to exceed
four hundred dollars in one item of jewelry and not to exceed two
hundred dollars in every other item of jewelry;
(d) Divisions (A)(4)(b) and (c) of this section do not
include items of personal property listed in division (A)(3) of
this section.
If the person does not claim an exemption under division
(A)(1) of this section, the total exemption claimed under
division
(A)(4)(b) of this section shall be added to the total
exemption
claimed under division (A)(4)(c) of this section, and
the total
shall not exceed two thousand dollars. If the person
claims an
exemption under division (A)(1) of this section, the
total
exemption claimed under division (A)(4)(b) of this section
shall
be added to the total exemption claimed under division
(A)(4)(c)
of this section, and the total shall not exceed one
thousand five
hundred dollars.
(5) The person's interest, not to exceed an aggregate of
seven hundred fifty dollars, in all implements, professional
books, or tools of the person's profession, trade, or business,
including
agriculture;
(6)(a) The person's interest in a beneficiary fund set
apart, appropriated, or paid by a benevolent association or
society, as exempted by section 2329.63 of the Revised Code;
(b) The person's interest in contracts of life or
endowment
insurance or annuities, as exempted by section 3911.10
of the
Revised Code;
(c) The person's interest in a policy of group insurance
or
the proceeds of a policy of group insurance, as exempted by
section 3917.05 of the Revised Code;
(d) The person's interest in money, benefits, charity,
relief, or aid to be paid, provided, or rendered by a fraternal
benefit society, as exempted by section 3921.18 of the Revised
Code;
(e) The person's interest in the portion of benefits under
policies of sickness and accident insurance and in
lump
sum payments for dismemberment and other losses insured under
those
policies, as exempted by section 3923.19 of the Revised
Code.
(7) The person's professionally prescribed or medically
necessary health aids;
(8) The person's interest in a burial lot, including, but
not limited to, exemptions under section 517.09 or 1721.07 of the
Revised Code;
(9) The person's interest in the following:
(a) Moneys paid or payable for living maintenance or
rights,
as exempted by section 3304.19 of the Revised Code;
(b) Workers' compensation, as exempted by section
4123.67
of
the Revised Code;
(c) Unemployment compensation benefits, as exempted by
section 4141.32 of the Revised Code;
(d) Cash assistance payments under the Ohio works first
program, as exempted
by
section 5107.75 of the Revised Code;
(e)
Benefits and services under the prevention, retention,
and contingency program, as exempted by section 5108.08 of the
Revised Code;
(f) Disability financial assistance payments, as exempted by section
5115.06 of the Revised Code.
(10)(a) Except in cases in which the person was convicted
of
or pleaded guilty to a violation of section 2921.41 of the
Revised
Code and in which an order for the withholding of
restitution from
payments was issued under division (C)(2)(b) of
that section or in
cases in which an order for withholding was issued under
section
2907.15 of the Revised Code, and only to the
extent provided
in
the order,
and
except as provided in sections 3105.171, 3105.63,
3119.80, 3119.81, 3121.02, 3121.03, and
3123.06 of the Revised
Code, the person's right to a pension,
benefit, annuity,
retirement allowance, or accumulated
contributions, the person's
right to a participant account in any
deferred compensation
program offered by the Ohio public
employees deferred compensation
board, a government unit, or a
municipal corporation, or the
person's other accrued or accruing
rights, as exempted by section
145.56, 146.13, 148.09,
742.47,
3307.41, 3309.66, or 5505.22 of
the Revised Code, and
the
person's right to benefits from the Ohio
public safety officers
death benefit
fund;
(b) Except as provided in sections 3119.80, 3119.81,
3121.02, 3121.03, and 3123.06 of
the Revised Code, the person's
right to receive a payment under
any pension, annuity, or similar
plan or contract, not including
a payment from a stock bonus or
profit-sharing plan or a payment
included in division (A)(6)(b) or
(10)(a) of this section, on
account of illness, disability, death,
age, or length of service,
to the extent reasonably necessary for
the support of the person
and any of the person's dependents,
except if all the following
apply:
(i) The plan or contract was established by or under the
auspices of an insider that employed the person at the time the
person's rights under the plan or contract arose.
(ii) The payment is on account of age or length of
service.
(iii) The plan or contract is not qualified under the
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C. 1, as
amended.
(c) Except for any portion of the assets that were
deposited
for the purpose of evading the payment of any debt and
except as
provided in sections 3119.80, 3119.81,
3121.02, 3121.03, and
3123.06 of the Revised
Code, the person's right in the assets held
in, or to receive
any payment under, any individual retirement
account,
individual retirement annuity,
"Roth IRA," or education
individual retirement
account that provides
benefits by reason of
illness, disability, death, or age, to the extent
that the assets,
payments, or benefits described in division
(A)(10)(c) of this
section are attributable
to any of the following:
(i) Contributions of the person that were less
than or equal
to the applicable limits on deductible
contributions to an
individual retirement account or individual
retirement annuity in
the year that the contributions were made,
whether or not the
person was eligible to deduct the
contributions on the person's
federal tax return for the year in
which the contributions were
made;
(ii) Contributions of the person that were less
than or
equal to the applicable limits on contributions to a
Roth IRA or
education individual
retirement account in the year that the
contributions were made;
(iii) Contributions of the person that are within
the
applicable limits on rollover contributions under
subsections 219,
402(c), 403(a)(4),
403(b)(8), 408(b), 408(d)(3),
408A(c)(3)(B),
408A(d)(3),
and 530(d)(5) of the
"Internal Revenue Code of 1986,"
100
Stat. 2085, 26
U.S.C.A. 1, as amended.
(d) Except for any portion of the
assets that were deposited
for the purpose of evading the
payment of any debt and except as
provided in sections
3119.80, 3119.81, 3121.02, 3121.03, and
3123.06 of the Revised Code, the person's
right in the assets held
in, or to receive any payment under,
any Keogh or
"H.R. 10" plan
that provides benefits
by reason of illness, disability, death, or
age, to the extent reasonably
necessary for the support of the
person and any of the person's
dependents.
(11) The person's right to receive spousal support, child
support, an allowance, or other maintenance to the extent
reasonably necessary for the support of the person and any of the
person's
dependents;
(12) The person's right to receive, or moneys received
during the preceding twelve calendar months from, any of the
following:
(a) An award of reparations under sections 2743.51 to
2743.72 of the Revised Code, to the extent exempted by division
(D) of section 2743.66 of the Revised Code;
(b) A payment on account of the wrongful death of an
individual of whom the person was a dependent on the date of the
individual's death, to the extent reasonably necessary for the
support of the person and any of the person's dependents;
(c) Except in cases in which the person who receives the
payment is an
inmate, as defined in section 2969.21 of the Revised
Code, and in which the
payment resulted from a civil action or
appeal against a government entity or
employee, as defined in
section 2969.21 of the Revised Code, a payment, not to
exceed five
thousand dollars, on
account of personal bodily injury, not
including pain and
suffering or compensation for actual pecuniary
loss, of the
person or an individual for whom the person is a
dependent;
(d) A payment in compensation for loss of future earnings
of
the person or an individual of whom the person is or was a
dependent, to the extent reasonably necessary for the support of
the debtor and any of the debtor's dependents.
(13) Except as provided in sections 3119.80, 3119.81,
3121.02, 3121.03, and 3123.06 of the Revised
Code, personal
earnings of
the person owed to the
person for services in an
amount equal to the greater of the following
amounts:
(a) If paid weekly, thirty times the current federal
minimum
hourly wage; if paid biweekly, sixty times the current
federal
minimum hourly wage; if paid semimonthly, sixty-five
times the
current federal minimum hourly wage; or if paid
monthly, one
hundred thirty times the current federal minimum
hourly wage that
is in effect at the time the earnings are
payable, as prescribed
by the
"Fair Labor Standards Act of 1938,"
52 Stat. 1060, 29
U.S.C. 206(a)(1), as amended;
(b) Seventy-five per cent of the disposable earnings owed
to
the person.
(14) The person's right in specific partnership property,
as
exempted by division (B)(3) of section 1775.24 of the Revised
Code;
(15) A seal and official register of a notary public, as
exempted by section 147.04 of the Revised Code;
(16) The person's interest in a tuition credit unit or a payment
under section
3334.09 of the Revised Code pursuant to a tuition
credit payment contract, as exempted
by section 3334.15 of the Revised
Code;
(17) Any other property that is specifically exempted from
execution, attachment, garnishment, or sale by federal statutes
other than the
"Bankruptcy Reform Act of 1978," 92 Stat. 2549, 11
U.S.C.A. 101, as amended;
(18) The person's interest, not to exceed four hundred
dollars, in any property, except that division (A)(18) of this
section applies
only in bankruptcy proceedings.
(B) As used in this section:
(1)
"Disposable earnings" means net earnings after the
garnishee has made deductions required by law, excluding the
deductions ordered pursuant to section 3119.80, 3119.81,
3121.02,
3121.03, or 3123.06 of the
Revised Code.
(a) If the person who claims an exemption is an
individual,
a relative of the individual, a relative of a general
partner of
the individual, a partnership in which the individual
is a general
partner, a general partner of the individual, or a
corporation of
which the individual is a director, officer, or in
control;
(b) If the person who claims an exemption is a
corporation,
a director or officer of the corporation; a person
in control of
the corporation; a partnership in which the
corporation is a
general partner; a general partner of the
corporation; or a
relative of a general partner, director,
officer, or person in
control of the corporation;
(c) If the person who claims an exemption is a
partnership,
a general partner in the partnership; a general
partner of the
partnership; a person in control of the
partnership; a partnership
in which the partnership is a general
partner; or a relative in, a
general partner of, or a person in
control of the partnership;
(d) An entity or person to which or whom any of the
following applies:
(i) The entity directly or indirectly owns, controls, or
holds with power to vote, twenty per cent or more of the
outstanding voting securities of the person who claims an
exemption, unless the entity holds the securities in a fiduciary
or agency capacity without sole discretionary power to vote the
securities or holds the securities solely to secure to debt and
the entity has not in fact exercised the power to vote.
(ii) The entity is a corporation, twenty per cent or more
of
whose outstanding voting securities are directly or indirectly
owned, controlled, or held with power to vote, by the person who
claims an exemption or by an entity to which division
(B)(2)(d)(i)
of this section applies.
(iii) A person whose business is operated under a lease or
operating agreement by the person who claims an exemption, or a
person substantially all of whose business is operated under an
operating agreement with the person who claims an exemption.
(iv) The entity operates the business or all or
substantially all of the property of the person who claims an
exemption under a lease or operating agreement.
(e) An insider, as otherwise defined in this section, of a
person or entity to which division (B)(2)(d)(i), (ii), (iii), or
(iv) of this section applies, as if the person or entity were a
person who claims an exemption;
(f) A managing agent of the person who claims an
exemption.
(3)
"Participant account" has the same meaning as in
section
148.01 of the Revised Code.
(4)
"Government unit" has the same meaning as in section
148.06 of the Revised Code.
(C) For purposes of this section,
"interest" shall be
determined as follows:
(1) In bankruptcy proceedings, as of the date a petition
is
filed with the bankruptcy court commencing a case under Title
11
of the United States Code;
(2) In all cases other than bankruptcy proceedings, as of
the date of an appraisal, if necessary under section 2329.68 of
the Revised Code, or the issuance of a writ of execution.
An interest, as determined under division (C)(1) or (2) of
this section, shall not include the amount of any lien otherwise
valid pursuant to section 2329.661 of the Revised Code.
Sec. 2743.191. (A)(1) There is hereby created in the state
treasury the reparations fund, which shall be used only for the
following purposes:
(a) The
payment of awards of reparations that are granted by
the attorney
general;
(b) The
compensation of any
personnel needed by the attorney
general to
administer sections
2743.51 to 2743.72 of the Revised
Code;
(c) The compensation of
witnesses as provided in division (J)
of section 2743.65 of the
Revised Code;
(d) Other administrative costs of hearing and
determining
claims for an award of reparations by the attorney general;
(e) The costs of
administering sections 2907.28 and 2969.01
to 2969.06 of the
Revised Code;
(f) The costs of investigation and decision-making as
certified by the
attorney general;
(g) The provision of state financial assistance to
victim
assistance programs in accordance with sections 109.91 and
109.92
of the Revised Code;
(h) The costs of paying the expenses
of sex offense-related
examinations and antibiotics pursuant to
section 2907.28 of the
Revised Code;
(i) The cost of printing and distributing
the pamphlet
prepared by the attorney general pursuant to section
109.42 of the
Revised Code;
(j) Subject to division (D) of
section 2743.71 of the Revised
Code, the costs associated with
the printing and providing of
information cards or other printed
materials to law enforcement
agencies and prosecuting authorities
and with publicizing the
availability of awards of reparations
pursuant to section 2743.71
of the Revised Code;
(k) The payment of costs of administering a DNA specimen
collection procedure pursuant to sections 2152.74 and
2901.07 of the Revised
Code, of performing DNA analysis of those
DNA
specimens, and of entering the resulting DNA records regarding
those analyses into the
DNA database pursuant to section 109.573
of the Revised Code;
(l) The payment of actual costs associated with initiatives by the attorney general for the apprehension, prosecution, and accountability of offenders, and the enhancing of services to crime victims. The amount of payments made pursuant to division (A)(1)(l) of this section during any given fiscal year shall not exceed five per cent of the balance of the reparations fund at the close of the immediately previous fiscal year;
(m) The costs of administering the adult parole authority's supervision of sexually violent predators with an active global positioning system device pursuant to section 2971.05 of the Revised Code.
(2) All costs paid
pursuant to section 2743.70 of the Revised
Code, the
portions of license reinstatement fees mandated by
division
(F)(2)(b) of section 4511.191 of the Revised Code to be
credited
to the fund, the portions of the proceeds of the sale of
a
forfeited vehicle specified in division (C)(2) of section
4503.234 of the Revised Code, payments
collected by the department
of rehabilitation and correction from prisoners
who voluntarily
participate in an approved work and training program pursuant
to
division (C)(8)(b)(ii) of section 5145.16
of the Revised Code, and
all moneys
collected by the
state pursuant to its right of
subrogation provided in section
2743.72 of the Revised Code shall
be deposited in the fund.
(B) In making an award of reparations, the attorney
general
shall
render the award against the state. The award
shall be
accomplished only through the following procedure,
and the
following procedure
may be enforced by writ of mandamus directed
to the appropriate
official:
(1) The attorney general shall provide
for payment of the
claimant or providers in the amount
of the award only if the amount of the award is fifty dollars or more.
(2) The expense shall be charged against all available
unencumbered moneys in the fund.
(3) If sufficient
unencumbered moneys do not exist in the
fund, the attorney
general shall make
application for payment of
the award out of the emergency
purposes account or any other
appropriation for emergencies or
contingencies, and payment out of
this account or other
appropriation shall be authorized if there
are sufficient moneys
greater than the sum total of then pending
emergency purposes
account requests or requests for releases from
the other
appropriations.
(4) If sufficient moneys do not exist in the account or
any
other appropriation for emergencies or contingencies to pay
the
award, the attorney general shall request the
general assembly to
make an appropriation sufficient to pay the award, and no payment
shall be made until the appropriation has been made. The
attorney
general shall make this appropriation request
during the current
biennium and during each succeeding biennium until a sufficient
appropriation is made. If, prior to the time that an
appropriation is made by the general assembly pursuant to this
division, the fund has sufficient unencumbered funds to pay the
award or part of the award, the available funds shall be used to
pay the award or part of the award, and the appropriation request
shall be amended to request only sufficient funds to pay that
part
of the award that is unpaid.
(C) The attorney general shall not make payment on a
decision
or order granting an award until all appeals
have been
determined and all rights to appeal exhausted, except
as otherwise
provided in this section. If any party to a claim
for an award of
reparations appeals from only a portion of an
award, and a
remaining portion provides for the payment of money
by the state,
that part of the award calling for the payment of money by the
state and not a subject of the appeal shall be processed for
payment as described in this section.
(D) The attorney general shall prepare itemized bills for
the costs of
printing and
distributing the pamphlet the attorney
general prepares
pursuant to section 109.42 of the Revised Code.
The itemized bills shall set
forth the name
and address of the
persons owed the amounts set forth in them.
(E) As used in this section, "DNA analysis" and "DNA
specimen"
have the same meanings as in section 109.573 of the
Revised Code.
Sec. 2744.05. Notwithstanding any other provisions of the
Revised Code or rules of a court to the contrary, in an action
against a political subdivision to recover damages for injury,
death, or loss to person or property caused by an act or
omission
in connection with a governmental or proprietary
function:
(A) Punitive or exemplary damages shall not be awarded.
(B)(1) If a claimant receives or is entitled to receive
benefits for injuries or loss allegedly incurred from a policy or
policies of insurance or any other source, the benefits shall be
disclosed to the court, and the amount of the benefits shall be
deducted from any award against a political subdivision
recovered
by that claimant. No insurer or other person is
entitled to bring
an action under a subrogation provision in an
insurance or other
contract against a political subdivision with
respect to those
benefits.
The amount of the benefits shall be deducted
from an award
against a political subdivision under division
(B)(1) of this
section regardless of whether the claimant may be
under an
obligation to pay back the benefits upon recovery, in
whole or in
part, for the claim. A claimant whose benefits have
been deducted
from an award under division (B)(1) of this section
is not
considered fully compensated and shall not be required to
reimburse a subrogated claim for benefits deducted from an award
pursuant to division (B)(1) of this section.
(2) Nothing in
division
(B)(1) of this section
shall be
construed to do either of
the following:
(a) Limit the rights of
a beneficiary under a life
insurance
policy or the rights of sureties under fidelity or
surety bonds;
(b) Prohibit the department of job and family services
from
recovering
from the political subdivision, pursuant to
section
5101.58 of the Revised
Code, the cost of
medical
assistance
benefits provided under Chapter 5107., or 5111., or
5115.
of the
Revised Code.
(C)(1) There shall not be any limitation on compensatory
damages that represent the actual loss of the person who is
awarded the damages. However, except in wrongful death actions
brought pursuant to Chapter 2125. of the Revised Code, damages
that arise from the same cause of action, transaction or
occurrence, or series of transactions or occurrences and that do
not represent the actual loss of the person who is awarded the
damages shall not exceed two hundred fifty thousand dollars in
favor of any one person. The limitation on damages that do not
represent the actual loss of the person who is awarded the
damages
provided in this division does not apply to court costs
that are
awarded to a plaintiff, or to interest on a judgment
rendered in
favor of a plaintiff, in an action against a
political
subdivision.
(2) As used in this division, "the actual loss of the
person
who is awarded the damages" includes all of the following:
(a) All wages, salaries, or other compensation lost by the
person injured as a result of the injury, including wages,
salaries, or other compensation lost as of the date of a judgment
and future expected lost earnings of the person injured;
(b) All expenditures of the person injured or another
person
on behalf of the person injured for medical care or
treatment, for
rehabilitation services, or for other care, treatment, services,
products, or accommodations that were necessary because of the
injury;
(c) All expenditures to be incurred in the future, as
determined by the court, by the person injured or another person
on behalf of the person injured for medical care or
treatment, for
rehabilitation
services, or for other care, treatment, services,
products, or
accommodations that will be necessary because of the
injury;
(d) All expenditures of a person whose property was
injured
or destroyed or of another person on behalf of the
person whose
property was injured or destroyed in order to repair or
replace
the property that was injured or destroyed;
(e) All expenditures of the person injured or of the person
whose
property was injured or destroyed or of another person on
behalf
of the person injured or of the person whose property was
injured or
destroyed in relation to the actual preparation or
presentation of
the claim involved;
(f) Any other expenditures of the person injured or of the
person
whose property was injured or destroyed or of another
person on behalf
of the person injured or of the person whose
property was injured or
destroyed that the court determines
represent an actual loss
experienced because of the personal or
property injury or
property loss.
"The actual loss of the person who is awarded the damages"
does not include any fees paid or owed to an attorney for any
services rendered in relation to a personal or property injury or
property loss, and does not include any damages awarded for pain
and suffering, for the loss of society, consortium,
companionship,
care, assistance, attention, protection, advice,
guidance,
counsel, instruction, training, or education of the
person
injured, for mental anguish, or for any other intangible
loss.
Sec. 2744.08. (A)(1) A political subdivision may use
public funds to secure insurance with respect to its and its
employees' potential liability in damages in civil actions for
injury, death, or loss to persons or property allegedly caused by
an act or omission of the political subdivision or any of its
employees in connection with a governmental or proprietary
function. The insurance may be at the limits, for the
circumstances, and subject to the terms and conditions, that are
determined by the political subdivision in its discretion.
The insurance may be for the period of time that is set
forth in specifications for competitive bids or, when competitive
bidding is not required, for the period of time that is mutually
agreed upon by the political subdivision and insurance company.
The period of time does not have to be, but can be, limited to
the fiscal cycle under which the political subdivision is funded
and operates.
(2)(a) Regardless of whether a political subdivision
procures a policy or policies of liability insurance pursuant to
division (A)(1) of this section or otherwise, the political
subdivision may establish and maintain a self-insurance program
relative to its and its employees' potential liability in damages
in civil actions for injury, death, or loss to persons or
property allegedly caused by an act or omission of the political
subdivision or any of its employees in connection with a
governmental or proprietary function. The political subdivision
may reserve such funds as it deems appropriate in a special fund
that may be established pursuant to an ordinance or resolution of
the political subdivision and not subject to section 5705.12 of
the Revised Code. The political subdivision may allocate the
costs of insurance or a self-insurance program, or both, among
the funds or accounts in the subdivision's treasury on the basis
of relative exposure and loss experience. The political subdivision may require any deductibles under an insurance or self-insurance program, or both, to be paid from funds or accounts in the subdivision's treasury from which a loss was directly attributable. If it so chooses, the
political subdivision may contract with any person, other
political subdivision, or regional council of governments for
purposes of the administration of such a program.
(b) Political subdivisions that have established
self-insurance programs relative to their and their employees'
potential liability as described in division (A)(2)(a) of this
section may mutually agree that their self-insurance programs
will be jointly administered in a specified manner.
(B) The purchase of liability insurance, or the
establishment and maintenance of a self-insurance program, by a
political subdivision does not constitute a waiver of any
immunity or defense of the political subdivision or its
employees, except that the political subdivision may specifically
waive any immunity or defense to which it or its employees may be
entitled if a provision to that effect is specifically included
in the policy of insurance or in a written plan of operation of
the self-insurance program, or, if any, the legislative enactment
of the political subdivision authorizing the purchase of the
insurance or the establishment and maintenance of the
self-insurance program. Such a specific waiver shall be only to
the extent of the insurance or self-insurance program coverage.
(C) The authorizations for political subdivisions to
secure insurance and to establish and maintain self-insurance
programs in this section are in addition to any other authority
to secure insurance or to establish and maintain self-insurance
programs that is granted pursuant to the Revised Code or the
constitution of this state, and they are not in derogation of any
other authorization.
Sec. 2744.082. (A) If a political subdivision, pursuant to division (A)(2)(a) of section 2744.08 of the Revised Code, has allocated costs to, or required the payment of deductibles from, funds or accounts in the subdivision's treasury, the subdivision's fiscal officer, pursuant to an ordinance or resolution of the subdivision's legislative authority, shall transfer amounts equal to those costs or deductibles from the funds or accounts to the subdivision's general fund if both of the following occur:
(1) The subdivision requests payment from the employee responsible for the funds or accounts for those costs or deductibles;
(2) The employee receiving the request fails to remit payment within forty-five days after the date of receipt of the request.
(B) Sections 5705.14, 5705.15, and 5705.16 of the Revised Code do not apply to transfers made pursuant to this section.
Sec. 2901.07. (A) As used in this section:
(1)
"DNA analysis" and
"DNA specimen" have the same
meanings
as in section 109.573 of the Revised Code.
(2)
"Jail" and
"community-based correctional facility" have
the
same meanings as in section 2929.01 of the Revised Code.
(3)
"Post-release control" has the same meaning as in
section
2967.01
of the Revised Code.
(B)(1) A person who is convicted of or pleads
guilty to a
felony offense listed in division
(D) of this section and who is
sentenced to a prison term or to a community residential sanction
in a jail
or community-based correctional facility pursuant to
section 2929.16 of the
Revised Code, and
a person who is convicted
of or pleads guilty to a misdemeanor offense listed
in division
(D) of this section and who is sentenced to a term of
imprisonment
shall submit to a
DNA specimen collection
procedure administered
by the director of rehabilitation and
correction or the chief
administrative officer of the jail or other
detention facility in
which the person is serving the
term of imprisonment. If the
person serves the prison
term in a state correctional institution,
the
director of rehabilitation and correction shall cause the
DNA
specimen to be collected from the person during the intake
process
at the reception
facility designated by the director. If the
person serves the
community residential sanction or term of
imprisonment in a jail, a
community-based correctional facility,
or another county, multicounty,
municipal,
municipal-county, or
multicounty-municipal detention facility, the chief
administrative
officer of the jail,
community-based correctional facility, or
detention
facility shall cause the
DNA specimen to be collected
from the person during the intake
process at the jail,
community-based correctional facility, or
detention facility. In
accordance with
division (C) of this section, the director or
the
chief administrative officer shall cause the
DNA specimen to be
forwarded to the bureau of criminal identification
and
investigation no later than fifteen days after the date of the
collection
of the DNA specimen. The DNA specimen shall be
collected in
accordance with division (C) of this section.
(2) If a person is convicted of or pleads guilty to
an
offense listed in division (D) of this section, is
serving
a
prison term, community residential sanction, or term of
imprisonment
for that offense, and does not provide a DNA
specimen
pursuant to division (B)(1) of this section, prior to the person's
release from the prison term, community residential sanction, or
imprisonment, the
person shall submit to, and the director of
rehabilitation and
correction or the chief administrative officer
of the jail, community-based
correctional facility, or detention
facility in which the person is serving
the
prison term, community
residential sanction, or term of imprisonment
shall administer, a
DNA specimen collection
procedure at the state correctional
institution, jail, community-based
correctional facility, or
detention facility in which the person is serving
the prison term,
community
residential sanction, or term of imprisonment. In
accordance with division
(C) of this section, the director or
the
chief administrative officer shall cause the DNA specimen to be
forwarded to the
bureau of criminal identification and
investigation no later than fifteen days
after the date of the
collection of the DNA specimen. The
DNA specimen shall be
collected in accordance with division (C)
of this section.
(3) If a person
sentenced to a term of imprisonment or
serving a
prison term
or community
residential sanction for
committing an
offense listed in division (D) of this
section is on
probation, is
released on parole,
under
transitional
control, or
on another type
of release, or is on
post-release
control,
if the
person is
under
the supervision of
a probation
department or
the
adult parole
authority, if the person is
sent to
jail or is
returned to a jail,
community-based
correctional
facility, or
state correctional
institution for a violation
of
the
terms and
conditions of the
probation,
parole,
transitional
control, other
release, or
post-release
control, if the person was
or will be
serving
a
term
of imprisonment, prison term, or
community
residential
sanction
for
committing an offense listed in
division
(D) of this section,
and if the person did
not provide a
DNA
specimen
pursuant to
division (B)(1) or
(2) of this section,
the
person shall submit
to, and the
director of rehabilitation and
correction or the chief
administrative
officer of the jail or
community-based correctional
facility shall
administer, a DNA
specimen collection
procedure at
the jail, community-based
correctional facility, or state
correctional institution in which
the person is serving
the
term
of imprisonment, prison term, or
community residential
sanction.
In accordance with
division (C) of
this section,
the
director or
the chief
administrative officer
shall cause the
DNA
specimen to
be forwarded to
the bureau of
criminal identification
and
investigation no later
than fifteen
days after the date of the
collection of the
DNA specimen. The
DNA specimen shall be
collected from the
person in accordance with
division
(C) of this
section.
(C)
If the DNA specimen is collected by withdrawing blood
from the person or a similarly invasive procedure, a physician,
registered
nurse, licensed practical nurse,
duly licensed clinical
laboratory technician,
or other qualified
medical practitioner
shall collect in a medically approved
manner
the DNA specimen
required to be collected pursuant to division
(B)
of this section.
If the DNA specimen is collected by swabbing for buccal cells or a
similarly noninvasive procedure, this section does not require
that the DNA specimen be collected by a qualified medical
practitioner of that nature. No later than fifteen days after the
date of
the
collection of the DNA specimen, the director of
rehabilitation
and
correction or the chief administrative officer
of the jail,
community-based correctional facility, or other
county,
multicounty,
municipal, municipal-county, or
multicounty-municipal
detention facility,
in which the person is
serving the prison
term,
community residential sanction, or term
of imprisonment
shall cause the DNA specimen to be forwarded to
the bureau of
criminal identification and investigation in
accordance with
procedures
established by the superintendent
of
the bureau under
division (H) of section 109.573 of the
Revised
Code. The bureau
shall provide the
specimen vials, mailing tubes,
labels, postage,
and instructions needed for
the collection and
forwarding of the
DNA specimen to the bureau.
(D) The director of rehabilitation and correction and the
chief
administrative officer of the jail, community-based
correctional facility,
or other county, multicounty, municipal,
municipal-county, or multicounty-municipal detention facility
shall cause a
DNA specimen to be collected in
accordance
with
divisions (B) and (C) of this section from a person in
its custody
who is convicted of or pleads guilty to
any of the
following
offenses:
(1) A violation of section 2903.01, 2903.02,
2903.11,
2905.01,
2907.02, 2907.03, 2907.04, 2907.05,
2911.01, 2911.02,
2911.11, or 2911.12 of the
Revised
Code;
(2) A violation of section 2907.12 of the Revised Code as it
existed prior to
September 3, 1996;
(3) An attempt to commit a violation of section
2903.01,
2903.02, 2907.02,
2907.03, 2907.04, or 2907.05 of the Revised Code
or to commit a
violation of section 2907.12 of the Revised Code as
it existed
prior to
September 3, 1996;
(4) A
violation of any law that arose out of the same
facts
and
circumstances and
same act as did a charge against the
person
of a violation of section
2903.01,
2903.02,
2905.01,
2907.02,
2907.03, 2907.04, 2907.05,
or
2911.11 of the
Revised Code
that
previously was
dismissed or
amended or as did a charge against the
person of a
violation of
section 2907.12 of the Revised Code
as it
existed
prior to
September 3,
1996, that previously was dismissed
or
amended;
(5) A violation of section 2905.02 or 2919.23 of the
Revised
Code that would
have been a
violation of section 2905.04 of the
Revised Code as it existed prior to July
1,
1996, had it been
committed prior to that date;
(6) A sexually oriented offense or a child-victim oriented offense, both as defined in section
2950.01 of the
Revised Code, if, in relation to that offense, the
offender
has been adjudicated a sexual predator or a child-victim predator, both as
defined in
section 2950.01 of the Revised Code;
(7) A felony violation of any law that arose out of the same
facts and circumstances and same act as did a charge against the
person of a violation of section 2903.11, 2911.01, 2911.02, or
2911.12 of the Revised Code that previously was dismissed or
amended;
(8)
A conspiracy to commit a violation of section 2903.01,
2903.02, 2905.01, 2911.01, 2911.02, 2911.11, or 2911.12 of the
Revised Code;
(9) Complicity in committing a violation of section 2903.01,
2903.02, 2903.11, 2905.01, 2907.02, 2907.03, 2907.04, 2907.05,
2911.01, 2911.02, 2911.11, or 2911.12 of the Revised Code or a
violation of section 2907.12 of the Revised Code as it existed
prior to September 3, 1996.
(E) The director of rehabilitation and correction or a chief
administrative officer of a jail, community-based correctional
facility, or
other detention facility described
in division (B) of
this section
in relation to the following offenses
is not required
to comply with this section until the
superintendent of the
bureau
of criminal identification and
investigation gives agencies in the
criminal justice system, as
defined in section 181.51 5502.61 of the
Revised Code, in
the state
official notification that the state
DNA laboratory is
prepared to
accept DNA specimens
of that nature:
(1) A violation of section 2903.11, 2911.01, 2911.02, or
2911.12 of the Revised Code;
(2) An attempt to commit a violation of section 2903.01 or
2903.02 of the Revised Code;
(3) A felony violation of any law that arose out of the same
facts
and circumstances and same act as did a charge against the
person
of a violation of section 2903.11, 2911.01, 2911.02, or
2911.12
of the Revised Code that previously was dismissed or
amended;
(4) A conspiracy to commit a violation of section 2903.01,
2903.02, 2905.01, 2911.01, 2911.02, 2911.11, or 2911.12 of the
Revised Code;
(5) Complicity in committing a violation of section 2903.01,
2903.02, 2903.11, 2905.01, 2907.02, 2907.03, 2907.04, 2907.05,
2911.01, 2911.02, 2911.11, or 2911.12 of the Revised Code or a
violation of section 2907.12 of the Revised Code as it existed
prior to September 3, 1996.
Sec. 2913.40. (A) As used in this section:
(1)
"Statement or representation" means any oral, written,
electronic, electronic impulse, or magnetic communication that is
used to identify an item of goods or a service for which
reimbursement may be made under the medical assistance program or
that states income and expense and is or may be used to determine
a rate of reimbursement under the medical assistance program.
(2)
"Medical assistance program" means the program
established by the department of job and family services
to
provide
medical assistance under section 5111.01 of the Revised
Code and
the medicaid program of Title XIX of the
"Social Security
Act,"
49 Stat. 620 (1935), 42 U.S.C. 301, as amended.
(3)
"Provider" means any person who has signed a provider
agreement with the department of job and family services
to
provide goods
or services pursuant to the medical assistance
program or any
person who has signed an agreement with a party to
such a
provider agreement under which the person agrees to provide
goods
or services that are reimbursable under the medical
assistance
program.
(4)
"Provider agreement" means an oral or written
agreement
between the department of job and family
services and a person
in
which the person agrees to provide goods or services under the
medical assistance program.
(5)
"Recipient" means any individual who receives goods or
services from a provider under the medical assistance program.
(6)
"Records" means any medical, professional, financial,
or
business records relating to the treatment or care of any
recipient, to goods or services provided to any recipient, or to
rates paid for goods or services provided to any recipient and
any
records that are required by the rules of the
director of job and
family services to be kept for
the medical
assistance program.
(B) No person shall knowingly make or cause to be made a
false or misleading statement or representation for use in
obtaining reimbursement from the medical assistance program.
(C) No person, with purpose to commit fraud or knowing
that
the person is facilitating a fraud, shall do either of the
following:
(1) Contrary to the terms of the person's provider
agreement,
charge, solicit, accept, or receive for goods or
services that the
person
provides under the medical assistance
program any property,
money, or other consideration in addition to
the amount of
reimbursement under the medical assistance program
and the person's
provider agreement for the goods or services and
any deductibles
or co-payments authorized by
rules adopted under
section
5111.0112 of
the Revised Code
or by any rules
adopted
pursuant to that section 5111.01, 5111.011, or 5111.02 of the Revised Code.
(2) Solicit, offer, or receive any remuneration, other
than
any deductibles or co-payments authorized by section 5111.0112 of the Revised Code or
rules adopted under
section
5111.0112 5111.01, 5111.011, or 5111.02 of
the Revised Code or by any rules
adopted
pursuant to that
section,
in cash or in kind, including,
but not
limited to, a
kickback or
rebate, in connection with the
furnishing of goods or
services for
which whole or partial
reimbursement is or may be
made under the
medical assistance
program.
(D) No person, having submitted a claim for or provided
goods or services under the medical assistance program, shall do
either of the following for a period of at least six years after
a
reimbursement pursuant to that claim, or a reimbursement for
those
goods or services, is received under the medical assistance
program:
(1) Knowingly alter, falsify, destroy, conceal, or remove
any records that are necessary to fully disclose the nature of
all
goods or services for which the claim was submitted, or for
which
reimbursement was received, by the person;
(2) Knowingly alter, falsify, destroy, conceal, or remove
any records that are necessary to disclose fully all income and
expenditures upon which rates of reimbursements were based for
the
person.
(E) Whoever violates this section is guilty of medicaid
fraud. Except as otherwise provided in this division,
medicaid
fraud is a
misdemeanor of the first degree. If the value of
property, services, or funds
obtained in violation of this section
is five hundred dollars or more and is
less than five thousand
dollars, medicaid fraud is a felony of the fifth
degree. If the
value of property, services, or funds obtained in violation of
this section is five thousand dollars or more and is less than one
hundred
thousand dollars, medicaid fraud is
a felony of the fourth
degree. If the value of the
property, services, or funds obtained
in violation of this
section is one hundred thousand dollars or
more, medicaid fraud is
a
felony of the third degree.
(F) Upon application of the governmental agency, office,
or
other entity that conducted the investigation and prosecution
in a
case under this section, the court shall order any person
who is
convicted of a violation of this section for receiving any
reimbursement for furnishing goods or services under the medical
assistance program to which the person is not entitled to
pay to
the
applicant its cost of investigating and prosecuting the case.
The costs of investigation and prosecution that a defendant is
ordered to pay pursuant to this division shall be in addition to
any other penalties for the receipt of that reimbursement that
are
provided in this section, section 5111.03 of the Revised
Code, or
any other provision of law.
(G) The provisions of this section are not intended to be
exclusive remedies and do not preclude the use of any other
criminal or civil remedy for any act that is in violation of this
section.
Sec. 2913.401. (A) As used in this section:
(1) "Medicaid benefits" means benefits under the medical assistance program established under Chapter 5111. of the Revised Code.
(2) "Property" means any real or personal property or other asset in which a person has any legal title or interest.
(B) No person shall knowingly do any of the following in an application for medicaid benefits or in a document that requires a disclosure of assets for the purpose of determining eligibility to receive medicaid benefits:
(1) Make or cause to be made a false or misleading statement;
(2) Conceal an interest in property;
(3)(a) Except as provided in division (B)(3)(b) of this section, fail to disclose a transfer of property that occurred during the period beginning thirty-six months before submission of the application or document and ending on the date the application or document was submitted;
(b) Fail to disclose a transfer of property that occurred during the period beginning sixty months before submission of the application or document and ending on the date the application or document was submitted and that was made to an irrevocable trust a portion of which is not distributable to the applicant for medicaid benefits or the recipient of medicaid benefits or to a revocable trust.
(C)(1) Whoever violates this section is guilty of medicaid eligibility fraud. Except as otherwise provided in this division, a violation of this section is a misdemeanor of the first degree. If the value of the medicaid benefits paid as a result of the violation is five hundred dollars or more and is less than five thousand dollars, a violation of this section is a felony of the fifth degree. If the value of the medicaid benefits paid as a result of the violation is five thousand dollars or more and is less than one hundred thousand dollars, a violation of this section is a felony of the fourth degree. If the value of the medicaid benefits paid as a result of the violation is one hundred thousand dollars or more, a violation of this section is a felony of the third degree.
(2) In addition to imposing a sentence under division (C)(1) of this section, the court shall order that a person who is guilty of medicaid eligibility fraud make restitution in the full amount of any medicaid benefits paid on behalf of an applicant for or recipient of medicaid benefits for which the applicant or recipient was not eligible, plus interest at the rate applicable to judgments on unreimbursed amounts from the date on which the benefits were paid to the date on which restitution is made.
(3) The remedies and penalties provided in this section are not exclusive and do not preclude the use of any other criminal or civil remedy for any act that is in violation of this section.
(D) This section does not apply to a person who fully disclosed in an application for medicaid benefits or in a document that requires a disclosure of assets for the purpose of determining eligibility to receive medicaid benefits all of the interests in property of the applicant for or recipient of medicaid benefits, all transfers of property by the applicant for or recipient of medicaid benefits, and the circumstances of all those transfers.
(E) Any amounts of medicaid benefits recovered as restitution under this section and any interest on those amounts shall be credited to the general revenue fund, and any applicable federal share shall be returned to the appropriate agency or department of the United States.
Sec. 2921.13. (A) No person shall knowingly make a false
statement, or knowingly swear or affirm the truth of a false
statement previously made, when any of the following applies:
(1) The statement is made in any official proceeding.
(2) The statement is made with purpose to incriminate
another.
(3) The statement is made with purpose to mislead a public
official in performing the public official's official function.
(4) The statement is made with purpose to secure the payment
of unemployment
compensation; Ohio works
first; prevention,
retention, and contingency benefits and services;
disability financial
assistance;
retirement benefits;
economic development assistance,
as defined
in section 9.66 of the Revised
Code; or other benefits
administered by a governmental agency
or paid
out
of a public
treasury.
(5) The statement is made with purpose to secure the
issuance by a governmental agency of a license, permit,
authorization, certificate, registration, release, or provider
agreement.
(6) The statement is sworn or affirmed before a notary
public or another person empowered to administer oaths.
(7) The statement is in writing on or in connection with a
report or return that is required or authorized by law.
(8) The statement is in writing and is made with purpose
to
induce another to extend credit to or employ the offender, to
confer any
degree, diploma, certificate of attainment, award
of
excellence, or honor on the offender, or to extend to or
bestow
upon the offender any other valuable benefit or
distinction, when
the person to whom the statement is directed
relies upon it to
that person's detriment.
(9) The statement is made with purpose to commit or
facilitate the commission of a theft offense.
(10) The statement is knowingly made to a probate court in
connection with any action, proceeding, or other matter within
its
jurisdiction, either orally or in a written document,
including,
but not limited to, an application, petition,
complaint, or other
pleading, or an inventory, account, or
report.
(11) The statement is made on an account, form, record,
stamp, label, or
other writing that is required by law.
(12) The statement is made in connection with the
purchase
of a firearm, as defined in
section 2923.11 of the Revised Code,
and in conjunction
with the furnishing to the seller of the
firearm of a fictitious or altered
driver's or commercial driver's
license or permit, a fictitious or altered
identification card, or
any other document that contains false information
about the
purchaser's identity.
(13) The statement is made in a document or instrument of
writing
that purports to be a judgment, lien, or claim of
indebtedness and is filed or
recorded with the secretary of state,
a county recorder, or the clerk of a
court of record.
(14) The statement is made with purpose to obtain an Ohio's best Rx program enrollment card under section 5110.09 of the Revised Code or a payment from the department of job and family services under section 5110.17 of the Revised Code.
(14)(15) The statement is made in an application filed with
a
county sheriff pursuant to section 2923.125 of the
Revised Code in
order to obtain or renew a license
to carry a concealed handgun or is made in an affidavit submitted to a county sheriff to obtain a temporary emergency license to carry a concealed handgun under section 2923.1213 of the Revised Code.
(16) The statement is required under section 5743.72 of the Revised Code in connection with the person's purchase of cigarettes or tobacco products in a delivery sale.
(B) No person, in connection with the purchase of a firearm,
as
defined in section 2923.11 of the
Revised Code, shall knowingly
furnish to the seller of the
firearm a fictitious or altered
driver's or commercial driver's license or
permit, a fictitious or
altered identification card, or any other document
that contains
false information about the purchaser's identity.
(C)
No person, in an attempt to obtain a license to carry a
concealed handgun under section 2923.125 of the Revised Code,
shall knowingly present to a sheriff a fictitious
or altered
document that purports to be certification of the person's
competence
in handling a handgun as described in division (B)(3)
of section 2923.125 of the Revised Code.
(D) It is no defense to a charge under division (A)(6) of
this section that the oath or affirmation was administered or
taken in an irregular manner.
(E) If contradictory statements relating to the same
fact
are made by the offender within the period of the statute of
limitations for falsification, it is not necessary for the
prosecution to prove which statement was false but only that one
or the other was false.
(F)(1) Whoever violates division (A)(1), (2), (3), (4),
(5),
(6), (7), (8), (10), (11), (13), or (14), or (16)
of this section is guilty
of
falsification, a misdemeanor of the first degree.
(2) Whoever violates division (A)(9) of this section is
guilty of falsification in a theft offense. Except as otherwise
provided in
this division, falsification in a theft
offense is a
misdemeanor of the first degree. If the value of the property or
services stolen is five hundred dollars or more and is less than
five thousand
dollars, falsification in a theft offense is a
felony of the fifth degree. If
the value of the property or
services stolen is five thousand dollars or more
and is less than
one hundred thousand dollars, falsification in a theft
offense is
a felony of the fourth degree. If the value of the property or
services stolen is one hundred thousand dollars or more,
falsification in a
theft offense is a felony of the third degree.
(3) Whoever violates division (A)(12)
or (B) of this
section is guilty of falsification to purchase a firearm, a
felony
of the fifth degree.
(4) Whoever violates division (A)(14)(15) or
(C) of this
section is guilty of falsification to obtain
a concealed handgun
license, a felony of the fourth degree.
(G) A person who violates this section is liable in a civil
action to any person harmed by the violation for injury, death, or
loss to
person
or property incurred as a result of the commission
of the offense and for
reasonable attorney's fees, court costs,
and other expenses incurred as a
result of prosecuting the civil
action commenced under this division. A civil
action under this
division is not the exclusive remedy of a person who incurs
injury, death, or loss to person or property as a result of a
violation of
this section.
Sec. 2923.25. Each federally licensed firearms dealer who sells any firearm, at the time of the sale of the firearm, shall offer for sale to the purchaser of the firearm a trigger lock, gun lock, or gun locking device that is appropriate for that firearm. Each federally licensed firearms dealer shall post in a conspicuous location in the dealer's place of business the poster furnished to the dealer pursuant to section 181.521 5502.63 of the Revised Code and shall make available to all purchasers of firearms from the dealer the brochure furnished to the dealer pursuant to that section.
As used in this section, "federally licensed firearms dealer" has the same meaning as in section 181.251 5502.63 of the Revised Code.
Sec. 2923.35. (A)(1) With respect to property ordered
forfeited under section 2923.32 of the Revised Code, with respect
to any fine or civil penalty imposed in any criminal or civil
proceeding under section 2923.32 or 2923.34 of the Revised Code,
and with respect to any fine imposed for a violation of section
2923.01 of the Revised Code for conspiracy to violate section
2923.32 of the Revised Code, the court, upon petition of the
prosecuting attorney, may do any of the following:
(a) Authorize the prosecuting attorney to settle claims;
(b) Award compensation to persons who provide information
that results in a forfeiture, fine, or civil penalty under
section 2923.32 or 2923.34 of the Revised Code;
(c) Grant petitions for mitigation or remission of
forfeiture, fines, or civil penalties, or restore forfeited
property, imposed fines, or imposed civil penalties to persons
injured by the violation;
(d) Take any other action to protect the rights of
innocent persons that is in the interest of justice and that is
consistent with the purposes of sections 2923.31 to 2923.36 of
the Revised Code.
(2) The court shall maintain an accurate record of the
actions it takes under division (A)(1) of this section with
respect to the property ordered forfeited or the fine or civil
penalty. The record is a public record open for inspection under
section 149.43 of the Revised Code.
(B)(1) After the application of division (A) of this
section, any person who prevails in a civil action pursuant to
section 2923.34 of the Revised Code has a right to any property,
or the proceeds of any property, criminally forfeited to the
state pursuant to section 2923.32 of the Revised Code or against
which any fine under that section or civil penalty under division
(I) of section 2923.34 of the Revised Code may be imposed.
The right of any person who prevails in a civil action
pursuant to section 2923.34 of the Revised Code, other than a
prosecuting attorney performing official duties under that
section, to forfeited property, property against which fines and
civil penalties may be imposed, and the proceeds of that property
is superior to any right of the state, a municipal corporation,
or a county to the property or the proceeds of the property, if
the civil action is brought within one hundred eighty days after
the entry of a sentence of forfeiture or a fine pursuant to
section 2923.32 of the Revised Code or the entry of a civil
penalty pursuant to division (I) of section 2923.34 of the
Revised Code.
The right is limited to the total value of the treble
damages, civil penalties, attorney's fees, and costs awarded to
the prevailing party in an action pursuant to section 2923.34 of
the Revised Code, less any restitution received by the person.
(2) If the aggregate amount of claims of persons who have
prevailed in a civil action pursuant to section 2923.34 of the
Revised Code against any one defendant is greater than the total
value of the treble fines, civil penalties, and forfeited
property paid by the person against whom the actions were
brought, all of the persons who brought their actions within one
hundred eighty days after the entry of a sentence or disposition
of forfeiture or a fine pursuant to section 2923.32 of the
Revised Code or the entry of a civil penalty pursuant to division
(I) of section 2923.34 of the Revised Code, first shall receive a
pro rata share of the total amount of the fines, civil penalties,
and forfeited property. After the persons who brought their
actions within the specified one-hundred-eighty-day period have
satisfied their claims out of the fines, civil penalties, and
forfeited property, all other persons who prevailed in civil
actions pursuant to section 2923.34 of the Revised Code shall
receive a pro rata share of the total amount of the fines, civil
penalties, and forfeited property that remains in the custody of
the law enforcement agency or in the corrupt activity
investigation and prosecution fund.
(C)(1) Subject to divisions (A) and (B) of this section
and notwithstanding any contrary provision of section 2933.41 of
the Revised Code, the prosecuting attorney shall order the
disposal of property ordered forfeited in any proceeding under
sections 2923.32 and 2923.34 of the Revised Code as soon as
feasible, making due provisions for the rights of innocent
persons, by any of the following methods:
(a) Transfer to any person who prevails in a civil action
pursuant to section 2923.34 of the Revised Code, subject to the
limit set forth in division (B)(1) of this section;
(c) Transfer to a state governmental agency for official
use;
(d) Sale or transfer to an innocent person;
(e) If the property is contraband and is not needed for
evidence in any pending criminal or civil proceeding, pursuant to
section 2933.41 or any other applicable section of the Revised
Code.
(2) Any interest in personal or real property not disposed
of pursuant to this division and not exercisable by, or
transferable for value to, the state shall expire and shall not
revert to the person found guilty of or adjudicated a delinquent
child for a violation of section 2923.32 of the Revised Code. No
person found guilty of or adjudicated a delinquent child for a
violation of that section and no person acting in concert with a
person found guilty of or adjudicated a delinquent child for
a violation of that section is eligible to purchase forfeited property from
the
state.
(3) Upon application of a person, other than the
defendant, the adjudicated delinquent child, or a person acting
in concert with or on behalf of either the defendant or the
adjudicated delinquent child, the court may restrain or stay the
disposal of the property pursuant to this division pending the
conclusion of any appeal of the criminal case or delinquency case
giving rise to the forfeiture or pending the determination of the
validity of a claim to or interest in the property pursuant to
division (E) of section 2923.32 of the Revised Code, if the
applicant demonstrates that proceeding with the disposal of the
property will result in irreparable injury, harm, or loss to the
applicant.
(4) The prosecuting attorney shall maintain an accurate
record of each item of property disposed of pursuant to this
division, which record shall include the date on which each item
came into the prosecuting attorney's custody, the manner and date
of disposition, and,
if applicable, the name of the person who received the item. The
record shall not identify or enable the identification of the
individual officer who seized the property, and the record is a
public record open for inspection under section 149.43 of the
Revised Code.
Each prosecuting attorney who disposes in any calendar year
of any item of property pursuant to this division shall prepare a
report covering the calendar year that cumulates all of the
information contained in all of the records kept by the
prosecuting attorney pursuant to this division for that calendar
year and shall send the cumulative report, no later than the
first day of March in the calendar year following the calendar
year covered by the report, to the attorney general. Each report
received by the attorney general is a public record open for
inspection under section 149.43 of the Revised Code.
Not later than the fifteenth day of April in the calendar year
following the calendar year covered by the reports,
the attorney general shall send to the president of the senate and the
speaker of the house of representatives a written notification that does
all of the following:
(a) Indicates that the attorney general has received from
prosecuting attorneys
reports of the type described in this division that cover the previous
calendar year and indicates that the reports were received under this
division;
(b) Indicates that the reports
are open for inspection under section 149.43 of the
Revised Code;
(c) Indicates that the attorney general
will provide a copy of any or all of the reports to the
president of the senate or the speaker of the house of
representatives upon request.
(D)(1)(a) Ten per cent of the proceeds of all property ordered
forfeited by a juvenile court pursuant to section 2923.32 of the Revised Code
shall be applied to one or
more alcohol and drug addiction treatment programs that are certified by the
department of alcohol and drug addiction services under section 3793.06 of
the Revised Code and that are specified in the order of forfeiture. A
juvenile court shall not
specify an alcohol or drug addiction treatment program in the order of
forfeiture unless the program is a certified alcohol and drug addiction
treatment program and, except as provided in division
(D)(1)(a) of this section, unless the program
is located in the county in which the court that orders the forfeiture is
located or in a contiguous county. If no certified alcohol and drug addiction
treatment program is located in any of those counties, the juvenile court may
specify in the order a certified alcohol and drug addiction treatment program
located anywhere within this state. The remaining ninety per cent of the
proceeds shall be disposed of as provided in divisions
(D)(1)(b) and (D)(2) of this section.
All of the proceeds of all property ordered forfeited by a court other than
a juvenile court pursuant to section 2923.32 of the Revised Code shall be
disposed of as provided in divisions (D)(1)(b) and (D)(2) of this section.
(b) The remaining proceeds of all property ordered forfeited
pursuant to section 2923.32 of the Revised Code, after compliance
with division (D)(1)(a) of this section when that
division is applicable,
and all fines and
civil penalties imposed pursuant to sections 2923.32 and 2923.34
of the Revised Code shall be deposited into the state treasury
and credited to the corrupt activity investigation and
prosecution fund, which is hereby created.
(2) The proceeds, fines, and penalties credited to the
corrupt activity investigation and prosecution fund pursuant to
division (D)(1) of this section shall be disposed of in the
following order:
(a) To a civil plaintiff in an action brought within the
one-hundred-eighty-day time period specified in division (B)(1)
of this section, subject to the limit set forth in that division;
(b) To the payment of the fees and costs of the forfeiture
and sale, including expenses of seizure, maintenance, and custody
of the property pending its disposition, advertising, and court
costs;
(c) Except as otherwise provided in division (D)(2)(c) of
this section, the remainder shall be paid to the law enforcement
trust fund of the prosecuting attorney that is established
pursuant to division (D)(1)(c) of section 2933.43 of the Revised
Code and to the law enforcement trust fund of the county sheriff
that is established pursuant to that division if the county
sheriff substantially conducted the investigation, to the law
enforcement trust fund of a municipal corporation that is
established pursuant to that division if its police department
substantially conducted the investigation, to the law enforcement
trust fund of a township that is established pursuant to that
division if the investigation was substantially conducted by a
township police department, township police district police
force, or office of a township constable, or to the law
enforcement trust fund of a park district created pursuant to
section 511.18 or 1545.01 of the Revised Code that is established
pursuant to that division if the investigation was substantially
conducted by its park district police force or law enforcement
department. The prosecuting attorney may decline to accept any
of the remaining proceeds, fines, and penalties, and, if the
prosecuting attorney so declines, they shall be applied to the fund
described in division
(D)(2)(c) of this section that relates to the appropriate law
enforcement agency that substantially conducted the
investigation.
If the state highway patrol substantially conducted the
investigation, the director of budget and management shall
transfer the remaining proceeds, fines, and penalties to the
state highway patrol for deposit into the state highway patrol state
contraband, forfeiture, and other fund that is created by
division (D)(1)(c) of section 2933.43 of the Revised Code. If the department of taxation substantially conducted the investigation, the director, shall transfer the remaining proceeds, fines, and penalties to the department for deposit into the department of taxation enforcement fund. If
the state board of pharmacy substantially conducted the
investigation, the director shall transfer the remaining
proceeds, fines, and penalties to the board for deposit into the
board of pharmacy drug law enforcement fund that is created by
division (B)(1) of section 4729.65 of the Revised Code. If a
state law enforcement agency, other than the state highway patrol, the department of taxation,
or the state board of pharmacy, substantially conducted the investigation, the
director shall transfer the remaining proceeds, fines, and
penalties to the treasurer of state for deposit into the peace
officer training commission fund.
The remaining proceeds, fines, and penalties that are paid
to a law enforcement trust fund or that are deposited into the
state highway patrol state contraband, forfeiture, and other fund, the department of taxation enforcement fund, the
board of pharmacy drug law enforcement fund, or the peace officer
training commission fund pursuant to division (D)(2)(c)
of this
section shall be allocated, used, and expended only in accordance
with division (D)(1)(c) of section 2933.43 of the Revised Code,
only in accordance with a written internal control policy adopted
under division (D)(3) of that section, and, if applicable, only
in accordance with division (B) of section 4729.65 of the Revised
Code. The annual reports that pertain to the funds and that are
required by divisions (D)(1)(c) and (3)(b) of section 2933.43 of
the Revised Code also shall address the remaining proceeds,
fines, and penalties that are paid or deposited into the funds
pursuant to division (D)(2)(c) of this section.
(3) If more than one law enforcement agency substantially
conducted the investigation, the court ordering the forfeiture
shall equitably divide the remaining proceeds, fines, and
penalties among the law enforcement agencies that substantially
conducted the investigation, in the manner described in division
(D)(2) of section 2933.43 of the Revised Code for the equitable
division of contraband proceeds and forfeited moneys. The
equitable shares of the proceeds, fines, and penalties so
determined by the court shall be paid or deposited into the
appropriate funds specified in division (D)(2)(c) of this
section.
(E) As used in this section, "law enforcement agency"
includes, but is not limited to, the state board of pharmacy and the department of taxation.
Sec. 2923.46. (A) If property is seized pursuant to
section 2923.44 or 2923.45 of the Revised Code, it is considered to
be in the custody of the head of the law enforcement agency that
seized it, and the head of that agency may do any of the
following with respect to
that property prior to its disposition in accordance with
division (A)(4) or (B) of this section:
(1) Place the property under seal;
(2) Remove the property to a place that the head of that
agency designates;
(3) Request the issuance of a court order that requires
any other appropriate municipal corporation, county, township,
park district created pursuant to section 511.18 or 1545.01
of the Revised Code, or state law enforcement officer or other
officer to take custody of the property and, if practicable,
remove it to an appropriate location for eventual disposition in
accordance with division (B) of this section;
(4)(a) Seek forfeiture of the property pursuant to federal
law. If the head of that agency seeks its forfeiture pursuant to federal law,
the law enforcement agency shall deposit, use, and account for proceeds from a
sale of
the property upon its forfeiture, proceeds from another disposition of the
property upon its
forfeiture, or forfeited moneys it receives, in accordance
with the applicable federal law and otherwise shall comply with
that law.
(b) If the state highway patrol seized the property and if the
superintendent of the state highway patrol seeks its forfeiture pursuant to
federal law, the appropriate governmental officials shall deposit into the
state highway patrol federal contraband, forfeiture, and other fund all interest or
other earnings
derived from the investment of the proceeds from a sale of the property upon
its forfeiture, the proceeds from another disposition of the property upon its
forfeiture, or the forfeited moneys. The state highway patrol shall use and
account for that interest or other earnings in accordance with the applicable
federal law.
(c) Division (B) of this section and divisions
(D)(1) to (3) of section 2933.43 of the Revised Code do not apply to proceeds or
forfeited moneys received pursuant to federal law or to the interest or other
earnings that are derived from the investment of proceeds or forfeited moneys
received pursuant to federal law and that are described in division
(A)(4)(b) of this section.
(B) In addition to complying with any requirements imposed
by a court pursuant to section 2923.44 or 2923.45 of the Revised Code, and the requirements
imposed by those sections, in relation
to the disposition of property forfeited to the state under
either of those sections, the prosecuting attorney who is
responsible for its disposition shall dispose of the property as
follows:
(1) Any vehicle that was used in a
violation of section 2923.42 of the Revised Code or in
an act of a juvenile that is a violation of section 2923.42 of the Revised Code shall be
given
to the law enforcement agency of the
municipal corporation or county in which the offense or act occurred if
that agency desires to have the vehicle, except that, if the
offense or act occurred in a township or in a park district created
pursuant to section 511.18 or 1545.01 of the Revised Code and a
law enforcement officer employed by the township or the park district was
involved in the seizure of the vehicle, the vehicle may be given to the law
enforcement agency of that township or park district if that
agency desires to have the vehicle, and except that, if the state
highway patrol made the seizure of the vehicle, the vehicle may
be given to the state highway patrol if it desires to have the
vehicle.
(2) Drugs shall be disposed of pursuant to section 3719.11
of the Revised Code or placed in the custody of the secretary of
the treasury of the United States for disposal or use for
medical
or scientific purposes under applicable federal law.
(3) Firearms and dangerous ordnance suitable for police
work may be given to a law enforcement agency for that purpose.
Firearms suitable for sporting use, or as museum pieces or
collectors' items, may be disposed of by sale pursuant to
division (B)(7) of this section. Other firearms and dangerous
ordnance shall be destroyed by a law enforcement agency or shall
be sent to the bureau of criminal identification and
investigation for destruction by it.
(4) Computers, computer networks, computer systems, and
computer software suitable for police work may be given to a law
enforcement agency for that purpose. Other computers, computer
networks, computer systems, and computer software shall be
disposed of by sale pursuant to division (B)(7) of this section
or disposed of in another manner that the court that issued the
order of forfeiture considers proper under the circumstances.
(5) Obscene materials shall be destroyed.
(6) Beer, intoxicating liquor, and alcohol shall be
disposed of in accordance with division (D)(4) of section 2933.41
of the Revised Code.
(7) In the case of property not described in divisions
(B)(1) to (6) of this section and of property described in those
divisions but not disposed of pursuant to them, the property
shall be sold in accordance with division (B)(7) of this section or,
in the case of forfeited moneys, disposed of in accordance with division
(B)(7) of this section. If the property is to be sold, the
prosecuting attorney shall
cause a notice of the proposed sale of the property to be given
in accordance with law, and the property shall be sold, without
appraisal, at a public auction to the highest bidder for cash. The proceeds
of a sale and forfeited moneys shall be applied in
the following order:
(a) First, to the payment of the costs incurred in
connection with the seizure of, storage of, maintenance of, and
provision of security for the property, the forfeiture proceeding
or civil action, and, if any, the sale;
(b) Second, the remaining proceeds or forfeited moneys
after compliance with division (B)(7)(a) of this
section, to the
payment of the value of any legal right, title, or interest in
the property that is possessed by a person who, pursuant to
division (F) of section 2923.44 of the Revised Code or division
(E) of section 2923.45 of the Revised Code, established the
validity of and consequently preserved that legal right, title,
or interest, including, but not limited to, any mortgage,
perfected or other security interest, or other lien in the
property. The value of these rights, titles, or interests shall
be paid according to their record or other order of priority.
(c) Third, the remaining proceeds or forfeited moneys
after compliance with divisions (B)(7)(a) and
(b) of this section, as follows:
(i) If the forfeiture was ordered in a juvenile court, ten per
cent to one or more alcohol and drug addiction treatment programs that are
certified by the department of alcohol and drug addiction services under
section 3793.06 of the Revised Code and that are specified in the order of forfeiture. A
juvenile court shall not specify an alcohol or drug addiction treatment
program
in the order of forfeiture unless the program is a certified alcohol and drug
addiction treatment program and, except as provided in division
(B)(7)(c)(i) of this section, unless
the program is located in the county in which the court that orders the
forfeiture is located or in a contiguous county. If no certified alcohol and
drug addiction treatment program is located in any of those counties, the
juvenile court may specify in the order a certified alcohol and drug addiction
treatment program located anywhere within this state.
(ii) If the forfeiture was ordered in a juvenile court, ninety
per cent, and if the forfeiture was ordered in a court other than a juvenile
court, one hundred per cent to appropriate funds in accordance with
divisions (D)(1)(c) and (2) of section 2933.43 of the Revised Code.
The remaining proceeds or forfeited moneys so deposited shall be used
only for the purposes authorized by those divisions and division
(D)(3)(a)(ii) of that section.
(C)(1) Sections 2923.44 to 2923.47 of the Revised Code do
not preclude a financial institution that possessed a valid mortgage, security
interest, or lien that is not satisfied prior to a sale under
division (B)(7) of this section or following a sale by
application of division (B)(7)(b) of this section,
from
commencing a civil action in any appropriate court in this or
another state to obtain a deficiency judgment against the debtor
if the financial institution otherwise would have been entitled
to do so in this or another state.
(2) Any law enforcement agency that obtains any vehicle
pursuant to division (B)(1) of this section shall take the
vehicle subject to the outstanding amount of any security
interest or lien that attaches to the vehicle.
(3) Nothing in this section impairs a mortgage, security
interest, lien, or other
interest of a financial institution in property that was the
subject of a forfeiture order under section 2923.44 or 2923.45 of the Revised Code and that
was sold or otherwise disposed of in a
manner that does not conform to the requirements of division (B)
of this section, or any right of a financial institution of
that nature to commence a civil action in any appropriate court in this or
another state to obtain a deficiency judgment against the debtor.
(4) Following the sale under division (B)(7) of this
section of any property that is required to be titled or
registered under the law of this state, the prosecuting attorney
responsible for the disposition of the property shall cause the
state to issue an appropriate certificate of title or
registration to the purchaser of the property. If,
in a disposition of property pursuant to division (B) of this
section, the state or a political subdivision is given any
property that is required to be titled or registered under the
law of this state, the prosecuting attorney responsible for the
disposition of the property shall cause the state to issue an
appropriate certificate of title or registration to itself or to
the political subdivision.
(D) Property that has been forfeited to the state pursuant
to an order of criminal forfeiture under section 2923.44 of the Revised Code or an order of
civil forfeiture under section
2923.45 of the Revised Code shall not be available for use to pay
any fine imposed upon a person who is convicted of or pleads
guilty to a violation of section 2923.42 of the Revised Code or upon a juvenile who is
found by a juvenile court to be a delinquent child for an act
that is a violation of section 2923.42 of the Revised Code.
(E) Sections 2923.44 to 2923.47 of the Revised Code do not
prohibit a law enforcement officer from seeking the forfeiture of contraband
associated with a violation of section 2923.42 of the Revised Code pursuant to section
2933.43 of the Revised Code.
Sec. 2925.44. (A) If property is seized pursuant to
section 2925.42 or 2925.43 of the Revised Code, it is deemed to
be in the custody of the head of the law enforcement agency that
seized it, and the head of that agency may do any of the
following with respect to
that property prior to its disposition in accordance with
division (A)(4) or (B) of this section:
(1) Place the property under seal;
(2) Remove the property to a place that the head of that
agency designates;
(3) Request the issuance of a court order that requires
any other appropriate municipal corporation, county, township,
park district created pursuant to section 511.18 or 1545.01
of the Revised Code, or state law enforcement officer or other
officer to take custody of the property and, if practicable,
remove it to an appropriate location for eventual disposition in
accordance with division (B) of this section;
(4)(a) Seek forfeiture of the property pursuant to federal
law. If the head of that agency seeks its forfeiture pursuant to federal law,
the law
enforcement agency shall deposit, use, and account for proceeds from a sale of
the property upon its forfeiture, proceeds from another disposition of the
property upon its
forfeiture, or forfeited moneys it receives, in accordance
with the applicable federal law and otherwise shall comply with
that law.
(b) If the state highway patrol seized the property and if the superintendent
of the state highway patrol seeks its forfeiture pursuant to federal law, the
appropriate governmental officials shall deposit into the state highway
patrol federal contraband, forfeiture, and other fund all interest or other earnings
derived from the investment of the proceeds from a sale of the property upon
its forfeiture, the proceeds from another disposition of the property upon its
forfeiture, or the forfeited moneys. The state highway patrol shall use and
account for that interest or other earnings in accordance with the applicable
federal law.
(c) If the investigative unit of the
department of public
safety seized the property and if the director of public safety
seeks its forfeiture pursuant to federal law, the appropriate
governmental officials shall deposit into the
department of public safety investigative unit
contraband, forfeiture, and other federal equitable share account fund all interest or other
earnings derived from the investment of the proceeds from a sale
of the property upon its forfeiture, the proceeds from another
disposition of the property upon its forfeiture, or the
forfeited moneys. The department shall use and account for that
interest or other earnings in accordance with the applicable
federal law.
(d) If the enforcement division of the department of taxation seized the property and if the tax commissioner seeks its forfeiture pursuant to federal law, the appropriate governmental officials shall, deposit into the department of taxation enforcement fund all interest or other earnings derived from the investment of the proceeds from a sale of the property upon its forfeiture, the proceeds from another disposition of the property upon its forfeiture, or the forfeited moneys. The department shall use and account for that interest or other earnings in accordance with the applicable federal law.
(e) Division (B) of this section and divisions (D)(1) to
(3) of section 2933.43 of the Revised Code do not apply to proceeds or
forfeited moneys received pursuant to federal law or to the interest or other
earnings that are derived from the investment of proceeds or forfeited moneys
received pursuant to federal law and that are described in division (A)(4)(b) or (d)
of this section.
(B) In addition to complying with any requirements imposed
by a court pursuant to section 2925.42 or 2925.43 of the Revised
Code, and the requirements imposed by those sections, in relation
to the disposition of property forfeited to the state under
either of those sections, the prosecuting attorney who is
responsible for its disposition shall dispose of the property as
follows:
(1) Any vehicle, as defined in section 4501.01 of the
Revised Code, that was used in a felony drug abuse offense or in
an act that, if committed by an adult, would be a felony drug
abuse offense shall be given to the law enforcement agency of the
municipal corporation or county in which the offense occurred if
that agency desires to have the vehicle, except that, if the
offense occurred in a township or in a park district created
pursuant to section 511.18 or 1545.01 of the Revised Code and a
law enforcement officer employed by the township or the park district was
involved in
the seizure of the vehicle, the vehicle may be given to the law
enforcement agency of that township or park district if that
agency desires to have the vehicle, and except that, if the state
highway patrol made the seizure of the vehicle, the vehicle may
be given to the state highway patrol if it desires to have the
vehicle.
(2) Any drug paraphernalia that was used, possessed, sold,
or manufactured in a violation of section 2925.14 of the Revised
Code that would be a felony drug abuse offense or in a violation
of that section committed by a juvenile that, if committed by an
adult, would be a felony drug abuse offense, may be given to the
law enforcement agency of the municipal corporation or county in
which the offense occurred if that agency desires to have and can
use the drug paraphernalia, except that, if the offense occurred
in a township or in a park district created pursuant to section
511.18 or 1545.01 of the Revised Code and a law enforcement
officer employed by the township or the park district was involved in the
seizure of the
drug paraphernalia, the drug paraphernalia may be given to the
law enforcement agency of that township or park district if that
agency desires to have and can use the drug paraphernalia. If
the drug paraphernalia is not so given, it shall be disposed of
by sale pursuant to division (B)(8) of this section or disposed
of in another manner that the court that issued the order of
forfeiture considers proper under the circumstances.
(3) Drugs shall be disposed of pursuant to section 3719.11
of the Revised Code or placed in the custody of the secretary of
the treasury of the United States for disposal or use for medical
or scientific purposes under applicable federal law.
(4) Firearms and dangerous ordnance suitable for police
work may be given to a law enforcement agency for that purpose.
Firearms suitable for sporting use, or as museum pieces or
collectors' items, may be disposed of by sale pursuant to
division (B)(8) of this section. Other firearms and dangerous
ordnance shall be destroyed by a law enforcement agency or shall
be sent to the bureau of criminal identification and
investigation for destruction by it. As used in this division,
"firearms" and "dangerous ordnance" have the same meanings as in
section 2923.11 of the Revised Code.
(5) Computers, computer networks, computer systems, and
computer software suitable for police work may be given to a law
enforcement agency for that purpose. Other computers, computer
networks, computer systems, and computer software shall be
disposed of by sale pursuant to division (B)(8) of this section
or disposed of in another manner that the court that issued the
order of forfeiture considers proper under the circumstances. As
used in this division, "computers," "computer networks,"
"computer systems," and "computer software" have the same
meanings as in section 2913.01 of the Revised Code.
(6) Obscene materials shall be destroyed.
(7) Beer, intoxicating liquor, and alcohol shall be
disposed of in accordance with division (D)(4) of section 2933.41
of the Revised Code.
(8) In the case of property not described in divisions
(B)(1) to (7) of this section and of property described in those
divisions but not disposed of pursuant to them, the property
shall be sold in accordance with division (B)(8) of this section or, in the
case of
forfeited moneys, disposed of in accordance with division (B)(8) of this
section. If the property is to be sold, the prosecuting attorney shall
cause a notice of the proposed sale of the property to be given
in accordance with law, and the property shall be sold, without
appraisal, at a public auction to the highest bidder for cash. The proceeds
of a sale and forfeited moneys shall be applied in
the following order:
(a) First, to the payment of the costs incurred in
connection with the seizure of, storage of, maintenance of, and
provision of security for the property, the forfeiture proceeding
or civil action, and, if any, the sale;
(b) Second, the remaining proceeds or forfeited moneys
after compliance with division (B)(8)(a) of this section, to the
payment of the value of any legal right, title, or interest in
the property that is possessed by a person who, pursuant to
division (F) of section 2925.42 of the Revised Code or division
(E) of section 2925.43 of the Revised Code, established the
validity of and consequently preserved that legal right, title,
or interest, including, but not limited to, any mortgage,
perfected or other security interest, or other lien in the
property. The value of these rights, titles, or interests shall
be paid according to their record or other order of priority.
(c) Third, the remaining proceeds or forfeited moneys
after compliance with divisions (B)(8)(a) and (b) of this
section, as follows:
(i) If the forfeiture was ordered in a juvenile court, ten per
cent to one or more alcohol and drug addiction treatment programs that are
certified by the department of alcohol and drug addiction services under
section 3793.06 of the Revised Code and that are specified in the order of forfeiture. A
juvenile court shall not specify an alcohol or drug addiction treatment program
in the order of forfeiture unless the program is a certified alcohol and drug
addiction treatment program and, except as provided in division
(B)(8)(c)(i) of this section, unless
the program is located in the county in which the court that orders the
forfeiture is located or in a contiguous county. If no certified alcohol and
drug addiction treatment program is located in any of those counties, the
juvenile court may specify in the order a certified alcohol and drug addiction
treatment program located anywhere within this state.
(ii) If the forfeiture was ordered in a juvenile court, ninety
per
cent, and if the forfeiture was ordered in a court other than a juvenile
court,
one hundred per cent
to appropriate funds in accordance with divisions
(D)(1)(c) and (2) of section 2933.43 of the Revised Code. The
remaining proceeds or forfeited moneys so deposited shall be used
only for the purposes authorized by those divisions and division
(D)(3)(a)(ii) of that section.
(C)(1) Sections 2925.41 to 2925.45 of the Revised Code do
not preclude a financial institution that possessed a valid mortgage, security
interest, or lien that is not satisfied prior to a sale under
division (B)(8) of this section or following a sale by
application of division (B)(8)(b) of this section, from
commencing a civil action in any appropriate court in this or
another state to obtain a deficiency judgment against the debtor
if the financial institution otherwise would have been entitled
to do so in this or another state.
(2) Any law enforcement agency that obtains any vehicle
pursuant to division (B)(1) of this section shall take the
vehicle subject to the outstanding amount of any security
interest or lien that attaches to the vehicle.
(3) Nothing in this section impairs a mortgage, security
interest, lien, or other
interest of a financial institution in property that was the
subject of a forfeiture order under section 2925.42 or 2925.43 of
the Revised Code and that was sold or otherwise disposed of in a
manner that does not conform to the requirements of division (B)
of this section, or any right of a financial institution of
that nature to
commence a civil action in any appropriate court in this or
another state to obtain a deficiency judgment against the debtor.
(4) Following the sale under division (B)(8) of this
section of any property that is required to be titled or
registered under the law of this state, the prosecuting attorney
responsible for the disposition of the property shall cause the
state to issue an appropriate certificate of title or
registration to the purchaser of the property. Additionally, if,
in a disposition of property pursuant to division (B) of this
section, the state or a political subdivision is given any
property that is required to be titled or registered under the
law of this state, the prosecuting attorney responsible for the
disposition of the property shall cause the state to issue an
appropriate certificate of title or registration to itself or to
the political subdivision.
(D) Property that has been forfeited to the state pursuant
to an order of criminal forfeiture under section 2925.42 of the
Revised Code or an order of civil forfeiture under section
2925.43 of the Revised Code shall not be available for use to pay
any fine imposed upon a person who is convicted of or pleads
guilty to a felony drug abuse offense or upon any juvenile who is
found by a juvenile court to be a delinquent child for an act
that, if committed by an adult, would be a felony drug abuse
offense.
(E) Sections 2925.41 to 2925.45 of the Revised Code do not
prohibit a law enforcement officer from seeking the forfeiture of contraband
associated with a felony drug abuse offense pursuant to section
2933.43 of the Revised Code.
Sec. 2927.023. (A) As used in this section "authorized recipient of tobacco products" means a person who is:
(1) Licensed as a cigarette wholesale dealer under section 5743.15 of the Revised Code;
(2) Licensed as a distributor of tobacco products under section 5743.61 of the Revised Code;
(3) An export warehouse proprietor as defined in section 5702 of the Internal Revenue Code;
(4) An operator of a customs bonded warehouse under 19 U.S.C. 1311 or 19 U.S.C. 1555;
(5) An officer, employee, or agent of the federal government or of this state acting in the person's official capacity;
(6) A department, agency, instrumentality, or political subdivision of the federal government or of this state;
(7) A person having a consent for consumer shipment issued by the tax commissioner under section 5743.71 of the Revised Code.
The purpose of this section is to prevent the sale of cigarettes to minors and to ensure compliance with the Master Settlement Agreement, as defined in section 1346.01 of the Revised Code.
(B)(1) No person shall cause to be shipped any cigarettes to any person in this state other than an authorized recipient of tobacco products.
(2) No common carrier, contract carrier, or other person shall knowingly transport cigarettes to any person in this state that the carrier or other person reasonably believes is not an authorized recipient of tobacco products. If cigarettes are transported to a home or residence, it shall be presumed that the common carrier, contract carrier, or other person knew that the person to whom the cigarettes were delivered was not an authorized recipient of tobacco products.
(C) No person engaged in the business of selling cigarettes who ships or causes to be shipped cigarettes to any person in this state in any container or wrapping other than the original container or wrapping of the cigarettes shall fail to plainly and visibly mark the exterior of the container or wrapping in which the cigarettes are shipped with the words "cigarettes."
(D) A court shall impose a fine of up to one thousand dollars for each violation of division (B)(1), (B)(2), or (C) of this section.
Sec. 2933.43. (A)(1) Except as provided in this division or
in section
2913.34 or sections 2923.44 to 2923.47 or
2925.41 to
2925.45 of the Revised Code,
a law enforcement officer shall seize
any contraband that has been, is
being, or is intended to be used
in violation of division (A) of
section 2933.42 of the Revised
Code. A law enforcement officer
shall seize contraband that is a
watercraft, motor vehicle, or
aircraft and that has been, is
being, or is intended to be used
in violation of division (A) of
section 2933.42 of the Revised
Code only if the watercraft, motor
vehicle, or aircraft is
contraband because of its relationship to
an underlying criminal
offense that is a felony.
Additionally, a law enforcement officer shall seize any
watercraft, motor vehicle, aircraft, or other personal property
that is classified as contraband under division (B) of section
2933.42 of the Revised Code if the underlying offense involved in
the violation of division (A) of that section that resulted in
the
watercraft, motor vehicle, aircraft, or personal property
being
classified as contraband, is a felony.
(2) If a law enforcement officer seizes property that is
titled or registered under law, including a motor vehicle,
pursuant to division (A)(1) of this section, the officer or the
officer's
employing law enforcement agency shall notify the owner
of the
seizure. The notification shall be given to the owner at
the owner's last
known address within seventy-two hours after the
seizure,
and may be given orally by any means, including
telephone, or by
certified mail, return receipt requested.
If the officer or the officer's agency is unable to provide
the
notice required by this division despite reasonable, good
faith
efforts to do so, the exercise of the reasonable, good faith
efforts constitutes fulfillment of the notice requirement imposed
by this division.
(B)(1) A motor vehicle seized pursuant to division (A)(1)
of
this section and the contents of the vehicle may be retained
for a
reasonable period of time, not to exceed seventy-two hours,
for
the purpose of inspection, investigation, and the gathering
of
evidence of any offense or illegal use.
At any time prior to the expiration of the seventy-two-hour
period, the law enforcement agency that seized the motor vehicle
may petition the court of common pleas of the county that has
jurisdiction over the underlying criminal case or administrative
proceeding involved in the forfeiture for an extension of the
seventy-two-hour period if the motor vehicle or its contents are
needed as evidence or if additional time is needed for the
inspection, investigation, or gathering of evidence. Upon the
filing of such a petition, the court immediately shall schedule a
hearing to be held at a time as soon as possible after the
filing,
but in no event at a time later than the end of the next
business
day subsequent to the day on which the petition was
filed, and
upon scheduling the hearing, immediately shall notify
the owner of
the vehicle, at the address at which notification of
the seizure
was provided under division (A) of this section, of
the date,
time, and place of the hearing. If the court, at the
hearing,
determines that the vehicle or its contents, or both,
are needed
as evidence or that additional time is needed for the
inspection,
investigation, or gathering of evidence, the court
may grant the
petition and issue an order authorizing the
retention of the
vehicle or its contents, or both, for an
extended period as
specified by the court in its order. An order
extending a period
of retention issued under this division may be
renewed.
If no petition for the extension of the initial
seventy-two-hour period has been filed, prior to the expiration
of
that period, under this division, if the vehicle was not in
the
custody and control of the owner at the time of its seizure,
and
if, at the end of that seventy-two-hour period, the owner of
the
vehicle has not been charged with an offense or
administrative
violation that includes the use of the vehicle as
an element and
has not been charged with any other offense or
administrative
violation in the actual commission of which the
motor vehicle was
used, the vehicle and its contents shall be
released to its owner
or the owner's agent, provided that the law
enforcement agency
that seized the vehicle may require proof of
ownership of the
vehicle, proof of ownership or legal possession
of the contents,
and an affidavit of the owner that the owner neither
knew of nor
expressly or impliedly consented to the use of the
vehicle that
resulted in its forfeiture as conditions precedent
to release. If
a petition for the extension of the initial
seventy-two-hour
period has been filed, prior to the expiration
of that period,
under this division but the court does not grant
the petition, if
the vehicle was not in the custody and control
of the owner at the
time of its seizure, and if, at the end of
that seventy-two-hour
period, the owner of the vehicle has not
been charged with an
offense or administrative violation that
includes the use of the
vehicle as an element and has not been
charged with any other
offense or administrative violation in the
actual commission of
which the motor vehicle was used, the
vehicle and its contents
shall be released to its owner or the owner's agent,
provided that
the court may require the proof and
affidavit described in the
preceding sentence as conditions
precedent to release. If the
initial seventy-two-hour period has
been extended under this
division, the vehicle and its contents
to which the extension
applies may be retained in accordance with
the extension order.
If, at the end of that extended period, the
owner of the vehicle
has not been charged with an offense or
administrative violation
that includes the use of the vehicle as
an element and has not
been charged with any other offense or
administrative violation in
the actual commission of which the
motor vehicle was used, and if
the vehicle was not in the custody
and control of the owner at the
time of its seizure, the vehicle
and its contents shall be
released to its owner or the owner's agent,
provided that the
court may require the proof and affidavit
described in the third
preceding sentence as conditions precedent
to release. In cases
in which the court may require proof and
affidavits as conditions
precedent to release, the court also may
require the posting of a
bond, with sufficient sureties approved
by the court, in an amount
equal to the value of the property to
be released, as determined
by the court, and conditioned upon the
return of the property to
the court if it is forfeited under this
section, as a further
condition to release. If, at the end of
the initial
seventy-two-hour period or at the end of any extended
period
granted under this section, the owner has been charged
with an
offense or administrative violation that includes the use
of the
vehicle as an element or has been charged with another
offense or
administrative violation in the actual commission of
which the
motor vehicle was used, or if the vehicle was in the
custody and
control of the owner at the time of its seizure, the
vehicle and
its contents shall be retained pending disposition of
the charge,
provided that upon the filing of a motion for release
by the
owner, if the court determines that the motor vehicle or
its
contents, or both, are not needed as evidence in the
underlying
criminal case or administrative proceeding, the court
may permit
the release of the property that is not needed as
evidence to the
owner; as a condition precedent to a release of that nature,
the
court may require the owner to execute a bond with
the court. Any
bond so required shall be in an amount equal to
the value of the
property to be released, as determined by the
court, shall have
sufficient sureties approved by the court, and
shall be
conditioned upon the return of the property to the court
to which
it is forfeited under this section.
The final disposition of a motor vehicle seized pursuant to
division (A)(1) of this section shall be determined in accordance
with division (C) of this section.
(2) Pending a hearing pursuant to division (C) of this
section, and subject to divisions (B)(1) and (C) of this section,
any property lawfully seized pursuant to division (A) of this
section because it was contraband of a type described in division
(A)(13)(b), (d), (e),
(f), (g), (h), (i), or (j) of section
2901.01 of the Revised Code shall not be subject to replevin or
other action in any court and shall not be subject to release
upon
request of the owner, and no judgment shall be enforced
against
the property. Pending the hearing, and subject to
divisions
(B)(1) and (C) of this section, the property shall be
kept in the
custody of the law enforcement agency responsible for
its seizure.
Pending a hearing pursuant to division (C) of this section,
and notwithstanding any provisions of division (B)(1) or (C) of
this section to the contrary, any property lawfully seized
pursuant to division (A) of this section because it was
contraband
of a type described in division (A)(13)(a) or
(c) of section
2901.01 of the Revised Code shall not be
subject to replevin or
other action in any court and shall not be subject
to release upon
request of the owner, and no judgment shall be
enforced against
the property. Pending the hearing, and
notwithstanding any
provisions of division (B)(1) or (C) of this
section to the
contrary, the property shall be kept in the
custody of the law
enforcement agency responsible for its
seizure.
A law enforcement agency that seizes property under
division
(A) of this section because it was contraband of any
type
described in division (A)(13) of section 2901.01 or
division (B)
of section 2933.42 of the Revised Code shall maintain an accurate
record of each item of property so seized, which record shall
include the date on which each item was seized, the manner and
date of its disposition, and if applicable, the name of the
person
who received the item; however, the record shall not
identify or
enable the identification of the individual officer
who seized the
item. The record of property of that nature that no
longer is
needed as evidence shall be open to public inspection
during the
agency's regular business hours. Each law enforcement
agency
that, during any calendar year, seizes property under
division (A)
of this section because it was contraband shall
prepare a report
covering the calendar year that cumulates all of
the information
contained in all of the records kept by the
agency pursuant to
this division for that calendar year, and
shall send a copy of the
cumulative report, no later than the
first day of March in the
calendar year following the calendar
year covered by the report,
to the attorney general. Each report
received by the attorney
general is a public record open for
inspection under section
149.43 of the Revised Code. Not later than the
fifteenth day of
April in the calendar year
in which the reports are received, the
attorney
general shall send to the
president of the senate and the
speaker of the house of
representatives a written notification
that does all of the
following:
(a) Indicates that the attorney general has received from
law enforcement agencies reports
of the type described in this
division that cover the previous
calendar year and indicates that
the reports were received under this
division;
(b) Indicates that the reports
are open for inspection under
section 149.43 of the
Revised Code;
(c) Indicates that the attorney general
will provide a copy
of any or all of the reports to the
president of the senate or the
speaker of the house of
representatives upon request.
(C) The prosecuting attorney, village solicitor, city
director of law, or similar chief legal officer who has
responsibility for the prosecution of the underlying criminal
case
or administrative proceeding, or the attorney general if the
attorney general has that responsibility, shall file a petition
for the forfeiture, to the seizing law enforcement agency of the
contraband seized pursuant to division (A) of this section. The
petition shall be filed in the court that has jurisdiction over
the underlying criminal case or administrative proceeding
involved
in the forfeiture. If the property was seized on the
basis of
both a criminal violation and an administrative
regulation
violation, the petition shall be filed by the officer
and in the
court that is appropriate in relation to the criminal
case.
The petitioner shall conduct or cause to be conducted a
search of the appropriate public records that relate to the
seized
property for the purpose of determining, and shall make or
cause
to be made reasonably diligent inquiries for the purpose of
determining, any person having an ownership or security interest
in the property. The petitioner then shall give notice of the
forfeiture proceedings by personal service or by certified mail,
return receipt requested, to any persons known, because of the
conduct of the search, the making of the inquiries, or otherwise,
to have an ownership or security interest in the property, and
shall publish notice of the proceedings once each week for two
consecutive weeks in a newspaper of general circulation in the
county in which the seizure occurred. The notices shall be
personally served, mailed, and first published at least four
weeks
before the hearing. They shall describe the property
seized;
state the date and place of seizure; name the law
enforcement
agency that seized the property and, if applicable,
that is
holding the property; list the time, date, and place of
the
hearing; and state that any person having an ownership or
security
interest in the property may contest the forfeiture.
If the property seized was determined by the seizing law
enforcement officer to be contraband because of its relationship
to an underlying criminal offense or administrative violation, no
forfeiture hearing shall be held under this section unless the
person pleads guilty to or is convicted of the commission of, or
an attempt or conspiracy to commit, the offense or a different
offense arising out of the same facts and circumstances or unless
the person admits or is adjudicated to have committed the
administrative violation or a different violation arising out of
the same facts and circumstances; a forfeiture hearing shall be
held in a case of that nature no later than forty-five days after
the
conviction or the admission or adjudication of the violation,
unless the time for the hearing is extended by the court for good
cause shown. The owner of any property seized because of its
relationship to an underlying criminal offense or administrative
violation may request the court to release the property to the
owner. Upon
receipt of a request of that nature, if the court
determines that the
property is not needed as evidence in the
underlying criminal
case or administrative proceeding, the court
may permit the
release of the property to the owner. As a
condition precedent
to a release of that nature, the court may
require the owner to execute a
bond with the court. Any bond so
required shall have sufficient
sureties approved by the court,
shall be in a sum equal to the
value of the property, as
determined by the court, and shall be
conditioned upon the return
of the property to the court if the
property is forfeited under
this section. Any property seized
because of its relationship to
an underlying criminal offense or
administrative violation shall
be returned to its owner if
charges are not filed in relation to
that underlying offense or
violation within thirty days after the
seizure, if charges of that nature are
filed and subsequently are
dismissed, or if charges of that nature are filed
and the person
charged does not plead guilty to and is not convicted of the
offense or does not admit and is not found to have committed the
violation.
If the property seized was determined by the seizing law
enforcement officer to be contraband other than because of a
relationship to an underlying criminal offense or administrative
violation, the forfeiture hearing under this section shall be
held
no later than forty-five days after the seizure, unless the
time
for the hearing is extended by the court for good cause
shown.
Where possible, a court holding a forfeiture hearing under
this section shall follow the Rules of Civil Procedure. When a
hearing is conducted under this section, property shall be
forfeited upon a showing, by a preponderance of the evidence, by
the petitioner that the person from which the property was seized
was in violation of division (A) of section 2933.42 of the
Revised
Code. If that showing is made, the court shall issue an
order of
forfeiture. If an order of forfeiture is issued in
relation to
contraband that was released to the owner or the owner's agent
pursuant to this division or division (B)(1) of this
section, the
order shall require the owner to deliver the
property, by a
specified date, to the law enforcement agency that
employed the
law enforcement officer who made the seizure of the
property, and
the court shall deliver a copy of the order to the
owner or send a
copy of it by certified mail, return receipt
requested, to the
owner at the address to which notice of the
seizure was given
under division (A)(2) of this section. Except
as otherwise
provided in this division, all rights, interest, and
title to the
forfeited contraband vests in the state, effective
from the date
of seizure.
No property shall be forfeited pursuant to this division if
the owner of the property establishes, by a preponderance of the
evidence, that the owner neither knew, nor should have known after
a
reasonable inquiry, that the property was used, or was likely to
be used, in a crime or administrative violation. No bona fide
security interest shall be forfeited pursuant to this division if
the holder of the interest establishes, by a preponderance of the
evidence, that the holder of the interest neither knew, nor should
have known
after a
reasonable inquiry, that the property was used,
or likely to be
used, in a crime or administrative violation, that
the holder of the interest
did not
expressly or impliedly consent
to the use of the property in a
crime or administrative violation,
and that the security interest
was perfected pursuant to law prior
to the seizure. If the
holder of the interest satisfies the court
that these
requirements are met, the interest shall be preserved
by the
court. In a case of that nature, the court shall either
order that the
agency to which the property is forfeited reimburse
the holder of the interest
to the extent of the preserved interest
or order that the
holder be paid for the interest from the
proceeds of any
sale pursuant to division (D) of this section.
(D)(1) Contraband ordered forfeited pursuant to this
section
shall be disposed of pursuant to divisions (D)(1) to (7)
of
section 2933.41 of the Revised Code or, if the contraband is
not
described in those divisions, may be used, with the approval
of
the court, by the law enforcement agency that has custody of
the
contraband pursuant to division (D)(8) of that section. In
the
case of contraband not described in any of those divisions
and of
contraband not disposed of pursuant to any of those
divisions, the
contraband shall be sold in accordance with this
division or, in
the case of forfeited moneys, disposed of in
accordance with this
division. If the contraband is to be sold,
the prosecuting
attorney shall cause a notice of the proposed
sale of the
contraband to be given in accordance with law, and
the property
shall be sold, without appraisal, at a public
auction to the
highest bidder for cash. The proceeds of a sale
and forfeited
moneys shall be applied in the following order:
(a) First, to the payment of the costs incurred in
connection with the seizure of, storage of, maintenance of, and
provision of security for the contraband, the forfeiture
proceeding, and, if any, the sale;
(b) Second, the remaining proceeds or forfeited moneys
after
compliance with division (D)(1)(a) of this section, to the
payment
of the balance due on any security interest preserved
pursuant to
division (C) of this section;
(c) Third, the remaining proceeds or forfeited moneys
after
compliance with divisions (D)(1)(a) and (b) of this
section, as
follows:
(i) If the forfeiture was ordered in a juvenile court, ten
per
cent to one or more alcohol and drug addiction treatment
programs that are
certified by the department of alcohol and drug
addiction services under
section 3793.06 of the Revised Code and
that are specified in the order of
forfeiture. A
juvenile court
shall not certify an alcohol or drug addiction treatment
program
in the order of forfeiture unless the program is a certified
alcohol
and drug addiction treatment program and, except as
provided in division
(D)(1)(c)(i) of this section, unless the
program
is located in the county in which the court that orders
the forfeiture is
located or in a contiguous county. If no
certified alcohol and drug addiction
treatment program is located
in any of those counties, the juvenile court may
specify in the
order a certified alcohol and drug addiction treatment program
located anywhere within this state.
(ii) If the forfeiture was ordered in a juvenile court,
ninety
per cent, and if the forfeiture was ordered in a court
other than a juvenile
court, one hundred per cent to the law
enforcement trust fund of the
prosecuting
attorney and to the law
enforcement trust fund of the county
sheriff if the county sheriff
made the seizure, to the law
enforcement trust fund of a municipal
corporation if its police
department made the seizure, to the law
enforcement trust fund of
a township if the seizure was made by a
township police
department, township police district police force,
or office of a
township constable, to the law enforcement trust
fund of a park
district created pursuant to section 511.18 or
1545.01 of the
Revised Code if the seizure was made by the park
district police
force or law enforcement department, to the state
highway patrol state
contraband, forfeiture, and other fund if the state
highway
patrol made the seizure, to the department of
public
safety investigative unit contraband, forfeiture, and
other fund
if the investigative unit of the
department of public
safety made
the
seizure, to the department of taxation enforcement fund if the department of taxation made the seizure, to
the
board of pharmacy drug law enforcement fund
created by division (B)(1) of section 4729.65 of the Revised Code
if the board made the seizure, or to the treasurer of state for
deposit into the peace officer training commission fund if a state
law enforcement agency, other than the state highway patrol, the
investigative unit of the department of public safety, the enforcement division of the department of taxation, or the
state
board of pharmacy,
made the seizure. The prosecuting
attorney may decline to accept
any of the remaining proceeds or
forfeited moneys, and, if the prosecuting
attorney so
declines,
the remaining proceeds or forfeited moneys shall be
applied to the
fund described in this division that relates to
the law
enforcement agency that made the seizure.
A law enforcement trust fund shall be established by the
prosecuting attorney of each county who intends to receive any
remaining proceeds or forfeited moneys pursuant to this division,
by the sheriff of each county, by the legislative authority of
each municipal corporation, by the board of township trustees of
each township that has a township police department, township
police district police force, or office of the constable, and by
the board of park commissioners of each park district created
pursuant to section 511.18 or 1545.01 of the Revised Code that
has
a park district police force or law enforcement department,
for
the purposes of this division. There is hereby created in
the
state treasury the state highway patrol state contraband,
forfeiture,
and other fund, the department of
public safety investigative unit
contraband, forfeiture, and
other fund, the department of taxation enforcement fund, and
the
peace officer
training commission fund, for the purposes
described in this
division.
Proceeds or forfeited moneys distributed to any municipal
corporation, township, or park district law enforcement trust
fund
shall be allocated from the fund by the legislative
authority only
to the police department of the municipal
corporation, by the
board of township trustees only to the
township police department,
township police district police
force, or office of the constable,
and by the board of park
commissioners only to the park district
police force or law
enforcement department.
Additionally, no proceeds or forfeited moneys shall be
allocated to or used by the state highway patrol, the department
of public safety, the department of taxation, the state board of pharmacy, or a county
sheriff, prosecuting attorney, municipal corporation police
department, township police department, township police district
police force, office of the constable, or park district police
force or law enforcement department unless the state highway
patrol, department of public safety, department of taxation, state board of pharmacy,
sheriff, prosecuting attorney, municipal corporation police
department, township police department, township police district
police force, office of the constable, or park district police
force or law enforcement department has adopted a written
internal
control policy under division (D)(3) of this section
that
addresses the use of moneys received from the state highway
patrol state
contraband, forfeiture, and other fund, the
department of public
safety investigative unit
contraband, forfeiture, and other fund,
the department of taxation enforcement fund, the board of pharmacy drug law
enforcement fund, or the
appropriate law enforcement trust fund.
The state
highway patrol state contraband, forfeiture, and other
fund,
the department of public safety investigative
unit
contraband, forfeiture, and other fund, the department of taxation enforcement fund, and a law
enforcement
trust fund shall be expended only in accordance with
the written
internal control policy so adopted by the recipient,
and, subject
to the requirements specified in division
(D)(3)(a)(ii) of this
section, only to pay the costs of
protracted or complex
investigations or prosecutions, to provide
reasonable technical
training or expertise, to provide matching
funds to obtain federal
grants to aid law enforcement, in the
support of DARE programs or
other programs designed to educate
adults or children with respect
to the dangers associated with
the use of drugs of abuse,
to pay
the costs of emergency action taken under section 3745.13 of the
Revised Code relative to the operation of an illegal
methamphetamine laboratory if the forfeited property or money
involved was that of a person responsible for the operation of the
laboratory, or for other law enforcement
purposes that the
superintendent of the state highway patrol,
department of public
safety, department of taxation, prosecuting attorney, county
sheriff, legislative
authority, board of township trustees, or
board of park
commissioners determines to be appropriate. The
board of pharmacy
drug law enforcement fund shall be expended
only in accordance
with the written internal control policy so
adopted by the board
and only in accordance with section 4729.65
of the Revised Code,
except that it also may be expended to pay the costs of emergency
action taken under section 3745.13 of the Revised Code relative to
the operation of an illegal methamphetamine laboratory if the
forfeited property or money involved was that of a person
responsible for the operation of the laboratory. The state
highway patrol state contraband,
forfeiture, and other fund, the
department of
public safety investigative unit contraband,
forfeiture, and
other fund, the department of taxation enforcement fund, the
board
of pharmacy drug law
enforcement
fund, and a law enforcement trust fund shall not be
used to meet
the operating costs of the state highway patrol, of
the
investigative
unit of the department of
public safety, of the department of taxation enforcement division, of the
state board of pharmacy, of
any political subdivision, or of any
office of a prosecuting
attorney or county sheriff that are
unrelated to law enforcement.
Proceeds and forfeited moneys that are paid into the state
treasury to be deposited into the peace officer training
commission fund shall be used by the commission
only to pay the
costs of peace
officer training.
Any sheriff or prosecuting attorney who receives proceeds
or
forfeited moneys pursuant to this division during any calendar
year shall file a report with the county auditor, no later than
the thirty-first day of January of the next calendar year,
verifying that the proceeds and forfeited moneys were expended
only for the purposes authorized by this division and division
(D)(3)(a)(ii) of this section and specifying the amounts expended
for each authorized purpose. Any municipal corporation police
department that is allocated proceeds or forfeited moneys from a
municipal corporation law enforcement trust fund pursuant to this
division during any calendar year shall file a report with the
legislative authority of the municipal corporation, no later than
the thirty-first day of January of the next calendar year,
verifying that the proceeds and forfeited moneys were expended
only for the purposes authorized by this division and division
(D)(3)(a)(ii) of this section and specifying the amounts expended
for each authorized purpose. Any township police department,
township police district police force, or office of the constable
that is allocated proceeds or forfeited moneys from a township
law
enforcement trust fund pursuant to this division during any
calendar year shall file a report with the board of township
trustees of the township, no later than the thirty-first day of
January of the next calendar year, verifying that the proceeds
and
forfeited moneys were expended only for the purposes
authorized by
this division and division (D)(3)(a)(ii) of this
section and
specifying the amounts expended for each authorized
purpose. Any
park district police force or law enforcement
department that is
allocated proceeds or forfeited moneys from a
park district law
enforcement trust fund pursuant to this
division during any
calendar year shall file a report with the
board of park
commissioners of the park district, no later than
the thirty-first
day of January of the next calendar year,
verifying that the
proceeds and forfeited moneys were expended
only for the purposes
authorized by this division and division
(D)(3)(a)(ii) of this
section and specifying the amounts expended
for each authorized
purpose. The superintendent of the state
highway patrol shall
file a report with the attorney general, no
later than the
thirty-first day of January of each calendar year,
verifying that
proceeds and forfeited moneys paid into the state
highway patrol state
contraband, forfeiture, and other fund pursuant to
this division
during the prior calendar year were used by the
state highway
patrol during the prior calendar year only for the
purposes
authorized by this division and specifying the amounts
expended
for each authorized purpose. The executive director of
the state
board of pharmacy shall file a report with the attorney
general,
no later than the thirty-first day of January of each
calendar
year, verifying that proceeds and forfeited moneys paid
into the
board of pharmacy drug law enforcement fund during the
prior
calendar year were used only in accordance with section
4729.65 of
the Revised Code and specifying the amounts expended
for each
authorized purpose. The peace officer training
commission shall
file a report with the attorney general, no later than
the
thirty-first day of January of each calendar year, verifying that
proceeds and forfeited moneys paid into the peace officer
training
commission fund pursuant to this division
during the prior
calendar year were used by the commission during the
prior
calendar
year only to pay the costs of peace officer training and
specifying the amount used for that purpose.
The tax commissioner shall file a report with the attorney general, not later than the thirty-first day of January of each calendar year, verifying that proceeds and forfeited moneys paid into the department of taxation enforcement fund pursuant to this division during the prior calendar year were used by the enforcement division during the prior calendar year to pay only the costs of enforcing the tax laws and specifying the amount used for that purpose.
(2) If more than one law enforcement agency is
substantially
involved in the seizure of contraband that is
forfeited pursuant
to this section, the court ordering the
forfeiture shall equitably
divide the proceeds or forfeited
moneys, after calculating any
distribution to the law enforcement
trust fund of the prosecuting
attorney pursuant to division
(D)(1)(c) of this section, among any
county sheriff whose office
is determined by the court to be
substantially involved in the
seizure, any legislative authority
of a municipal corporation
whose police department is determined
by the court to be
substantially involved in the seizure, any
board of township
trustees whose law enforcement agency is
determined by the court
to be substantially involved in the
seizure, any board of park
commissioners of a park district whose
police force or law
enforcement department is determined by the
court to be
substantially involved in the seizure, the state board
of
pharmacy if it is determined by the court to be substantially
involved in the seizure, the investigative unit of the department
of
public safety
if it
is determined by the court to be
substantially involved in the
seizure, the enforcement division of the department of taxation if it is determined by the court to be substantially involved in the seizure and the state highway
patrol if it is determined by the
court to be substantially
involved in the seizure. The proceeds
or forfeited moneys shall
be deposited in the respective law
enforcement trust funds of the
county sheriff, municipal
corporation, township, and park
district, the board of pharmacy
drug law enforcement fund, the
department of public safety investigative
unit
contraband,
forfeiture, and other fund, the department of taxation enforcement fund, or the state highway
patrol state
contraband,
forfeiture, and other fund, in accordance with
division (D)(1)(c)
of this section. If a state law enforcement
agency, other than
the state highway patrol, the investigative
unit of the department of
public safety,
the department of taxation, or the state board of
pharmacy, is determined by the court to be
substantially involved
in the seizure, the state agency's
equitable share of the proceeds
and forfeited moneys shall be
paid to the treasurer of state for
deposit into the peace officer
training commission fund.
(3)(a)(i) Prior to being allocated or using any proceeds
or
forfeited moneys out of the state highway patrol state contraband,
forfeiture, and other fund, the department of
public safety
investigative unit contraband, forfeiture, and
other fund, the department of taxation enforcement fund, the
board of
pharmacy drug law enforcement
fund, or a law enforcement
trust fund under division (D)(1)(c) of
this section, the state
highway patrol, the department of public safety, the department of taxation, the
state board
of pharmacy, and a county sheriff,
prosecuting attorney, municipal
corporation police department,
township police department,
township police district police
force, office of the constable, or
park district police force or
law enforcement department shall
adopt a written internal control
policy that addresses the state
highway patrol's, department of
public safety's, department of taxation's, state board of
pharmacy's, sheriff's,
prosecuting attorney's, police
department's, police force's,
office of the constable's, or law
enforcement department's use
and disposition of all the proceeds
and forfeited moneys received
and that provides for the keeping of
detailed financial records
of the receipts of the proceeds and
forfeited moneys, the general
types of expenditures made out of
the proceeds and forfeited
moneys, the specific amount of each
general type of expenditure,
and the amounts, portions, and
programs described in division
(D)(3)(a)(ii) of this section. The
policy shall not provide for
or permit the identification of any
specific expenditure that is
made in an ongoing investigation.
All financial records of the receipts of the proceeds and
forfeited moneys, the general types of expenditures made out of
the proceeds and forfeited moneys, the specific amount of each
general type of expenditure by the state highway patrol, by the
department of public safety, by the department of taxation, by the state board of pharmacy, and
by a sheriff, prosecuting attorney, municipal corporation police
department, township police department, township police district
police force, office of the constable, or park district police
force or law enforcement department, and the amounts, portions,
and programs described in division (D)(3)(a)(ii) of this section
are public records open for inspection under section 149.43 of
the
Revised Code. Additionally, a written internal control
policy
adopted under this division is a public record of that nature, and
the state highway patrol, the department of public safety, the department of taxation, the
state board of pharmacy, or the sheriff, prosecuting attorney,
municipal corporation police department, township police
department, township police district police force, office of the
constable, or park district police force or law enforcement
department that adopted it shall comply with it.
(ii) The written internal control policy of a county
sheriff, prosecuting attorney, municipal corporation police
department, township police department, township police district
police force, office of the constable, or park district police
force or law enforcement department shall provide that at least
ten per cent of the first one hundred thousand dollars of
proceeds
and forfeited moneys deposited during each calendar year
in the
sheriff's, prosecuting attorney's, municipal
corporation's,
township's, or park district's law enforcement
trust fund pursuant
to division (B)(7)(c)(ii) of section 2923.46
or division
(B)(8)(c)(ii) of section 2925.44 of
the Revised Code, and at least
twenty per cent of the proceeds
and forfeited moneys exceeding one
hundred thousand dollars that
are so deposited, shall be used in
connection with community
preventive education programs. The
manner in which the described
percentages are so used shall be
determined by the sheriff,
prosecuting attorney, department,
police force, or office of the
constable after the receipt and
consideration of advice on
appropriate community preventive
education programs from the
county's board of alcohol, drug
addiction, and mental health
services, from the county's alcohol
and drug addiction services
board, or through appropriate
community dialogue. The financial
records described in division
(D)(3)(a)(i) of this section shall
specify the amount of the
proceeds and forfeited moneys deposited
during each calendar year
in the sheriff's, prosecuting
attorney's, municipal corporation's,
township's, or park
district's law enforcement trust fund pursuant
to division
(B)(7)(c)(ii) of section 2923.46 or division
(B)(8)(c)(ii) of
section 2925.44 of the Revised Code, the portion
of
that amount that was used pursuant to the requirements of this
division, and the community preventive education programs in
connection with which the portion of that amount was so used.
As used in this division,
"community preventive education
programs" includes, but is not limited to, DARE programs and
other
programs designed to educate adults or children with
respect to
the dangers associated with the use of drugs of abuse.
(b) Each sheriff, prosecuting attorney, municipal
corporation police department, township police department,
township police district police force, office of the constable,
or
park district police force or law enforcement department that
receives in any calendar year any proceeds or forfeited moneys
out
of a law enforcement trust fund under division (D)(1)(c) of
this
section or uses any proceeds or forfeited moneys in its law
enforcement trust fund in any calendar year shall prepare a
report
covering the calendar year that cumulates all of the
information
contained in all of the public financial records kept
by the
sheriff, prosecuting attorney, municipal corporation
police
department, township police department, township police
district
police force, office of the constable, or park district
police
force or law enforcement department pursuant to division
(D)(3)(a)
of this section for that calendar year, and shall send
a copy of
the cumulative report, no later than the first day of
March in the
calendar year following the calendar year covered by
the report,
to the attorney general.
The superintendent of the state highway patrol shall
prepare
a report covering each calendar year in which the state
highway
patrol uses any proceeds or forfeited moneys in the state
highway
patrol state contraband, forfeiture, and other fund under
division
(D)(1)(c) of this section, that cumulates all of the
information
contained in all of the public financial records kept
by the state
highway patrol pursuant to division (D)(3)(a) of
this section for
that calendar year, and shall send a copy of the
cumulative
report, no later than the first day of March in the
calendar year
following the calendar year covered by the report,
to the attorney
general.
The department of public safety shall prepare a report
covering each fiscal year in which the department uses any
proceeds or forfeited moneys in the department of public safety
investigative unit contraband, forfeiture, and other fund under
division (D)(1)(c) of this section that
cumulates all of the
information contained in all of the public
financial records kept
by the department pursuant to division
(D)(3)(a) of this section
for that fiscal year. The department
shall send a copy of the
cumulative report to the attorney
general no later than the first
day of August in the fiscal year
following the fiscal year covered
by the report. The director of
public safety shall include in the
report a verification that
proceeds and forfeited moneys paid into
the department of
public safety investigative unit contraband,
forfeiture, and other fund under division (D)(1)(c) of this
section during the
preceding
fiscal year were used by the
department during that fiscal year only for
the purposes
authorized by that division and shall specify the
amount used for
each authorized purpose.
The tax commissioner shall prepare a report covering each calendar year in which the department of taxation enforcement division uses any proceeds or forfeited moneys in the department of taxation enforcement fund under division (D)(1)(c) of this section, that cumulates all of the information contained in all of the public financial records kept by the department of taxation enforcement division pursuant to division (D)(3)(a) of this section for that calendar year, and shall send a copy of the cumulative report, not later than the first day of March in the calendar year following the calendar year covered by the report, to the attorney general.
The executive director of the state board of pharmacy shall
prepare a report covering each calendar year in which the board
uses any proceeds or forfeited moneys in the board of pharmacy
drug law enforcement fund under division (D)(1)(c) of this
section, that cumulates all of the information contained in all
of
the public financial records kept by the board pursuant to
division (D)(3)(a) of this section for that calendar year, and
shall send a copy of the cumulative report, no later than the
first day of March in the calendar year following the calendar
year covered by the report, to the attorney general. Each report
received by the attorney general is a public record open for
inspection under section 149.43 of the Revised Code. Not later
than the
fifteenth day of April in the calendar year in
which the
reports are received, the attorney
general shall send to the
president of the senate and the speaker of the house of
representatives a written notification that does all of the
following:
(i) Indicates that the attorney general has received from
entities or persons specified in this division reports
of the type
described in this division that cover the previous
calendar year
and indicates that the reports were received under this
division;
(ii) Indicates that the reports
are open for inspection
under section 149.43 of the
Revised Code;
(iii) Indicates that the attorney general
will provide a
copy of any or all of the reports to the
president of the senate
or the speaker of the house of
representatives upon request.
(4)(a) A law enforcement agency that receives pursuant to
federal law proceeds from a sale of forfeited contraband, proceeds
from
another disposition of forfeited contraband, or
forfeited
contraband moneys shall deposit, use, and account for
the proceeds
or forfeited moneys in accordance with, and
otherwise comply with,
the applicable federal law.
(b) If the state highway patrol receives pursuant to federal
law proceeds
from a sale of forfeited contraband, proceeds from
another disposition of
forfeited contraband, or forfeited
contraband moneys, the appropriate
governmental officials shall
deposit the proceeds into the state highway patrol federal contraband,
forfeiture, and
other fund all, which is hereby created in the state treasury. All interest or other earnings derived from the
investment of the proceeds or forfeited moneys shall be credited to the fund. The state highway
patrol
shall use and account for that interest or other earnings
in accordance with
the applicable federal law.
(c) If the investigative unit of the
department of public
safety receives pursuant to federal law proceeds from a
sale of
forfeited contraband, proceeds from another disposition of
forfeited contraband, or forfeited contraband moneys, the
appropriate governmental officials shall deposit the proceeds into the
department of
public safety investigative unit
contraband,
forfeiture, and other federal equitable share account fund all, which is hereby created in the state treasury. All interest
or other earnings derived
from the investment of the proceeds or
forfeited moneys shall be credited to the fund. The
department shall use and account for that
interest or other
earnings in accordance with the applicable
federal law.
(d) If the tax commissioner receives pursuant to federal law proceeds from a sale of forfeited contraband, proceeds from another disposition of forfeited contraband, or forfeited contraband moneys, the appropriate governmental officials, shall deposit into the department of taxation enforcement fund all interest or other earnings derived from the investment of the proceeds or forfeited moneys. The department shall use and account for that interest or other earnings in accordance with the applicable federal law.
(e) Divisions (D)(1) to (3) of this section do not apply to
proceeds
or
forfeited moneys received pursuant to federal law or
to the interest or other
earnings that are derived from the
investment of proceeds or forfeited moneys
received pursuant to
federal law and that are described in division (D)(4)(b)
of this
section.
(E) Upon the sale pursuant to this section of any property
that is required to be titled or registered under law, the state
shall issue an appropriate certificate of title or registration
to
the purchaser. If the state is vested with title pursuant to
division (C) of this section and elects to retain property that
is
required to be titled or registered under law, the state shall
issue an appropriate certificate of title or registration.
(F) Notwithstanding any provisions of this section to the
contrary, any property that is lawfully seized in relation to a
violation of section 2923.32 of the Revised Code shall be subject
to forfeiture and disposition in accordance with sections 2923.32
to 2923.36
of the Revised Code; any property that is forfeited
pursuant
to section 2923.44 or 2923.45 of the Revised Code in
relation to a violation of section
2923.42 of the Revised Code or
in relation to an act of a juvenile that is a violation of
section
2923.42 of the Revised Code may be subject to forfeiture and
disposition in
accordance with sections 2923.44 to 2923.47 of the
Revised Code;
and any
property that is forfeited pursuant to
section 2925.42 or 2925.43
of the Revised Code in relation to a
felony drug abuse offense,
as defined in section 2925.01 of the
Revised Code, or in relation
to an act that, if committed by an
adult, would be a felony
drug abuse offense of that nature, may be
subject to forfeiture and
disposition in accordance with sections
2925.41 to 2925.45 of the Revised Code
or this section.
(G) Any failure of a law enforcement officer or agency, a
prosecuting attorney, village solicitor, city director of law, or
similar chief legal officer, a court, or the attorney general to
comply with any duty imposed by this section in relation to any
property seized or with any other provision of this section in
relation to any property seized does not affect the validity of
the seizure of the property, provided the seizure itself was made
in accordance with law, and is not and shall not be considered to
be the basis for the suppression of any evidence resulting from
the seizure of the property, provided the seizure itself was made
in accordance with law.
(H) Contraband that has been forfeited pursuant to
division
(C) of this section shall not be available for use to
pay any fine
imposed upon a person who is convicted of or pleads
guilty to an
underlying criminal offense or a different offense
arising out of
the same facts and circumstances.
Sec. 2933.74. (A)(1) With respect to forfeitable property
ordered forfeited under section 2933.73 of the Revised Code, the
court that issued the order, upon petition of the prosecuting
attorney or attorney general who prosecuted the case, may do any
of the following:
(a) Authorize the prosecuting attorney or the attorney
general to settle claims;
(b) Award compensation to persons who provide information
that results in a forfeiture under section 2933.73 of the Revised
Code;
(c) Take any other action to protect the rights of
innocent persons that is in the interest of justice and that is
consistent with the purposes of sections 2933.71 to 2933.75 of
the Revised Code.
(2)
(2) The court shall maintain an accurate record of the
actions it takes under division (A)(1) of this section with
respect to the forfeitable property ordered forfeited. The
record is a public record open for inspection under section
149.43 of the Revised Code.
(B)(1) Subject to division (A) of this section and
notwithstanding any contrary provision of section 2933.41 of the
Revised Code, the prosecuting attorney or attorney general who
prosecuted the case shall order the disposal of forfeitable
property ordered forfeited in any proceeding under section
2933.73 of the Revised Code as soon as feasible, making due
provisions for the rights of innocent persons, by any of the
following methods:
(b) Transfer to a state governmental agency for official
use;
(c) Sale or transfer to an innocent person;
(d) If the property is contraband and is not needed for
evidence in any pending criminal or civil proceeding, pursuant to
section 2933.41 or any other applicable section of the Revised
Code.
(2) Any interest in personal or real property not disposed
of pursuant to division (B) of this section and not exercisable
by, or transferable for value to, the state shall expire and
shall not revert to the person who was convicted of or pleaded
guilty to the medicaid fraud offense. No person who was
convicted of or pleaded guilty to the medicaid fraud offense and
no person acting in concert with a person who was convicted of or
pleaded guilty to the medicaid fraud offense is eligible to
purchase forfeited property from the state.
(3) Upon application of a person, other than the person
who was convicted of or pleaded guilty to the medicaid fraud
offense or a person acting in concert with or on behalf of the
person who was convicted of or pleaded guilty to the medicaid
fraud offense, the court may restrain or stay the disposal of the
forfeitable property pursuant to this division pending the
conclusion of any appeal of the criminal case giving rise to the
forfeiture or pending the determination of the validity of a
claim to or interest in the property pursuant to division (F) of
section 2933.73 of the Revised Code, if the applicant
demonstrates that proceeding with the disposal of the property
will result in irreparable injury, harm, or loss to the
applicant.
(4) The prosecuting attorney or attorney general who
prosecuted the case shall maintain an accurate record of each
item of property disposed of pursuant to division (B) of this section, which
record shall include the date on which each item came into the
prosecuting attorney's or attorney general's
custody, the manner and date of disposition, and, if applicable,
the name of the person who received the item. The record shall
not identify or enable the identification of the individual
officer who seized the property, and the record is a public
record open for inspection under section 149.43 of the Revised
Code.
Each prosecuting attorney who disposes in any calendar year
of any item of property pursuant to division (B) of this section shall prepare
a report covering the calendar year that cumulates all of the
information contained in all of the records the prosecuting
attorney kept pursuant to
this division for that calendar year and shall send the
cumulative report, no later than the first day of March in the
calendar year following the calendar year covered by the report,
to the attorney general. No later than the first day of March in
the calendar year following the calendar year covered by the
report, the attorney general shall prepare a report covering the
calendar year that cumulates all of the records the attorney
general kept pursuant
to this division for that calendar year. Each report received or
prepared by the attorney general is a public record open for
inspection under section 149.43 of the Revised Code. Not later than
the fifteenth day of April in the calendar year following the
calendar year covered by the reports, the attorney general
shall send to the president of the senate and the speaker of the house of
representatives a written notification that does all of the
following:
(a) Indicates that the attorney general has received from
prosecuting attorneys reports
of the type described in this division that cover the previous
calendar year and indicates that the reports were received under this
division;
(b) Lists the attorney general's own cumulative report covering
the previous calendar year;
(c) Indicates that the reports
are open for inspection under section 149.43 of the
Revised Code;
(d) Indicates that the attorney general
will provide a copy of any or all of the reports to the
president of the senate or the speaker of the house of
representatives upon request.
(C)(1) The proceeds of the sale of all forfeitable
property ordered forfeited pursuant to section 2933.73 of the
Revised Code shall be deposited into the state treasury and
credited to the medicaid fraud investigation and prosecution
fund, which is hereby created.
(2) The proceeds credited to the
medicaid fraud investigation and prosecution fund pursuant to
division (C)(1) of this section shall be disposed of in the
following order:
(a) To the payment of the fees and costs of the forfeiture
and sale, including expenses of seizure, maintenance, and custody
of the property pending its disposition, advertising, and court
costs;
(b) Except as otherwise provided in division (C)(2)(b) of
this section, the remainder shall be paid to the law enforcement
trust fund of the prosecuting attorney that is established
pursuant to division (D)(1)(c) of section 2933.43 of the Revised
Code or to the attorney general, and to the law enforcement trust
fund of the county sheriff that is established pursuant to that
division if the county sheriff substantially conducted the
investigation, to the law enforcement trust fund of a municipal
corporation that is established pursuant to that division if its
police department substantially conducted the investigation, to
the law enforcement trust fund of a township that is established
pursuant to that division if the investigation was substantially
conducted by a township police department, township police
district police force, or office of a township constable, or to
the law enforcement trust fund of a park district created
pursuant to section 511.18 or 1545.01 of the Revised Code that is
established pursuant to that division if the investigation was
substantially conducted by its park district police force or law
enforcement department. The prosecuting attorney or attorney
general may decline to accept any of the remaining proceeds,
and, if the prosecuting attorney or attorney general so
declines, they shall be
applied to the fund described in division (C)(2)(b) of this
section that relates to the appropriate law enforcement agency
that substantially conducted the investigation.
If the state highway patrol substantially conducted the
investigation, the director of budget and management shall
transfer the remaining proceeds to the
state highway patrol for deposit into the state highway patrol state
contraband, forfeiture, and other fund that is created by
division (D)(1)(c) of section 2933.43 of the Revised Code. If
the state board of pharmacy substantially conducted the
investigation, the director shall transfer the remaining
proceeds to the board for deposit into the
board of pharmacy drug law enforcement fund that is created by
division (B)(1) of section 4729.65 of the Revised Code. If a
state law enforcement agency, other than the state highway
patrol, the board, or the attorney general, substantially
conducted the investigation, the director shall transfer the
remaining proceeds to the treasurer of
state for deposit into the peace officer training
commission fund
that is created by division (D)(1)(c) of section 2933.43 of the
Revised Code.
The remaining proceeds that are paid
to the attorney general shall be used and expended only in
relation to the investigation and prosecution of medicaid fraud
offenses or the activities identified in section 109.85 of the
Revised Code, and those that are paid to a law enforcement trust
fund or that are deposited into the state highway patrol state
contraband, forfeiture, and other fund, the board of pharmacy
drug law enforcement fund, or the peace officer training
commission
fund pursuant to division (C)(2)(b) of this section shall be
allocated, used, and expended only in accordance with division
(D)(1)(c) of section 2933.43 of the Revised Code, only in
accordance with a written internal control policy adopted under
division (D)(3) of that section, and, if applicable, only in
accordance with division (B)(1) of section 4729.65 of the Revised
Code. The annual reports that pertain to the funds and that are
required by divisions (D)(1)(c) and (3)(b) of section 2933.43 of
the Revised Code also shall address the remaining proceeds
that are paid or deposited into the funds
pursuant to division (C)(2)(b) of this section.
(3) If more than one law enforcement agency substantially
conducted the investigation, the court ordering the forfeiture
shall equitably divide the remaining proceeds among the law enforcement
agencies that substantially
conducted the investigation, in the manner described in division
(D)(2) of section 2933.43 of the Revised Code for the equitable
division of contraband proceeds and forfeited moneys. The
equitable shares of the proceeds so
determined by the court shall be paid or deposited into the
appropriate funds specified in division (C)(2)(b) of this
section.
(D) As used in this section, "law enforcement agency"
includes, but is not limited to, the state board of pharmacy.
Sec. 2949.092. If a person is convicted of or pleads guilty to an offense and
the court specifically is required, pursuant to section 2743.70 or, 2949.091, or 2949.093 of
the Revised Code or pursuant to any other section of the Revised Code, to
impose a specified sum
of money as costs in the case in addition to any other costs that the court is
required or permitted by law to impose in the case, the court shall not waive
the payment of the specified additional court costs that the section of the
Revised Code specifically requires the court to impose unless the court
determines that the offender is indigent and the court waives the payment of
all court costs imposed upon the offender.
Sec. 2949.093. (A) A board of county commissioners of any county containing fifty-five or more law enforcement agencies by resolution may elect to participate in a criminal justice regional information system, either by creating and maintaining a new criminal justice regional information system or by participating in an existing criminal justice regional information system.
(B) A county is not eligible to participate in any criminal justice regional information system unless it creates in its county treasury, pursuant to section 305.28 of the Revised Code, a criminal justice regional information fund.
(C) A county that elects to participate in a criminal justice regional information system shall obtain revenues to fund its participation by establishing an additional court cost not exceeding five dollars to be imposed for moving violations that occur in that county. The board of county commissioners of that county shall establish the amount of the additional court cost by resolution. The board shall give written notice to all courts located in that county that adjudicate or otherwise process moving violations that occur in that county of the county's election to participate in the system and of the amount of the additional court cost. Upon receipt of such notice, each recipient court shall impose that amount as an additional court cost for all moving violations the court adjudicates or otherwise processes, in accordance with divisions (D) and (E) of this section.
(D)(1) The court in which any person is convicted of or pleads guilty to any moving violation that occurs in a county that has elected to participate in a criminal justice regional information system shall impose the sum established by the board pursuant to division (C) of this section as costs in the case in addition to any other court costs that the court is required by law to impose upon the offender. The court shall not waive the payment of the additional court cost established by the board pursuant to division (C) of this section unless the court determines that the offender is indigent and waives the payment of all court costs imposed upon the indigent offender.
All such money collected during a month shall be transmitted on the first business day of the following month by the clerk of the court to the county treasurer of the county in which the court is located and thereafter the county treasurer shall deposit the money in that county's criminal justice regional information fund.
(2) The juvenile court in which a child is found to be a juvenile traffic offender for an act that is a moving violation occurring in a county participating in a criminal justice regional information system shall impose the sum established by the board pursuant to division (C) of this section as costs in the case in addition to any other court costs that the court is required by law to impose upon the juvenile traffic offender. The juvenile court shall not waive the payment of the additional court cost established by the board pursuant to division (C) of this section unless the court determines that the juvenile is indigent and waives the payment of all court costs imposed upon the indigent offender.
All such money collected during a month shall be transmitted on the first business day of the following month by the clerk of the court to the county treasurer of the county in which the juvenile court is located and thereafter the county treasurer shall deposit the money in that county's criminal justice regional information fund.
(E) Whenever a person is charged with any offense that is a moving violation and posts bail, the court shall add to the amount of the bail the set sum required to be paid by division (D)(1) of this section. The clerk of the court shall retain that set sum until the person is convicted, pleads guilty, forfeits bail, is found not guilty, or has the charges dismissed. If the person is convicted, pleads guilty, or forfeits bail, the clerk shall transmit the set sum to the county treasurer, who shall deposit it in the county criminal justice regional information fund. If the person is found not guilty or the charges are dismissed, the clerk shall return the set sum to the person.
(F) No person shall be placed or held in a detention facility as defined in section 2921.01 of the Revised Code for failing to pay the court cost or bail that is required to be paid by this section.
(G)(1) Except as provided in division (G)(2) of this section, all funds collected by a county under this section shall be used by that county only to pay the costs it incurs in creating and maintaining a new criminal justice regional information system or to pay the costs it incurs in participating in an existing criminal justice regional information system.
(2) If the board of county commissioners of a county determines that the funds in that county's criminal justice regional information fund are more than sufficient to satisfy the purpose for which the additional court cost described in division (C) of this section was imposed, the board may declare a surplus in the fund. The county may expend the surplus only to pay the costs it incurs in improving the law enforcement computer technology of local law enforcement agencies located in that county.
(H) As used in this section:
(1) "Moving violation" means any violation of any statute or ordinance, other than section 4513.263 of the Revised Code or an ordinance that is substantially equivalent to that section, that regulates the operation of vehicles, streetcars, or trackless trolleys on highways or streets or that regulates size or load limitations or fitness requirements of vehicles. "Moving violation" does not include the violation of any statute or ordinance that regulates pedestrians or the parking of vehicles.
(2) "Bail" means cash, a check, a money order, a credit card, or any other form of money that is posted by or for an offender pursuant to sections 2937.22 to 2937.46 of the Revised Code, Criminal Rule 46, or Traffic Rule 4 to prevent the offender from being placed or held in a detention facility, as defined in section 2921.01 of the Revised Code.
(3) "Criminal justice regional information system" means a governmental computer system that serves as a cooperative between political subdivisions in a particular region for the purpose of providing a consolidated computerized information system for criminal justice agencies in that region.
Sec. 2971.05. (A)(1) After control over an offender's service
of a prison term imposed pursuant to division (A)(3) of section
2971.03 of the Revised Code has been
transferred pursuant to section 2971.04 of the Revised Code to the court, the
court shall
schedule, within thirty
days of any of the following, a hearing on whether to modify in accordance
with
division (C) of this section the requirement that the offender serve
the entire prison term in a state correctional
institution or to terminate the
prison term in
accordance with division (D) of this section:
(a) Control over the offender's service of a prison term
is transferred pursuant to section 2971.04 of the Revised Code to the court,
and no hearing
to modify the
requirement has been held;
(b) Two years elapse after the most recent prior hearing held
pursuant to division (A)(1) or (2) of this section;
(c) The prosecuting attorney, the department of rehabilitation
and
correction, or the adult parole authority requests the hearing, and recommends
that the requirement be modified or that the offender's prison
term be terminated.
(2) After control over the offender's service of a prison term
has been transferred pursuant to section 2971.04 of the Revised Code to the court, the court,
within thirty days of either of the following, shall conduct a hearing on
whether
to modify in accordance with division (C) of this section the
requirement that the offender serve the entire prison term in a state
correctional
institution, whether to continue, revise, or revoke an existing modification
of
that requirement, or whether to terminate the term in accordance with division
(D)
of this section:
(a) The requirement that the offender serve the entire prison
term in a state correctional institution has been modified, and the offender
is taken into custody for any reason.
(b) The
department of rehabilitation and correction or the prosecuting attorney
notifies the court pursuant to section 2971.06 of the Revised Code regarding a known or
suspected violation of a term or condition of the
modification or a belief that there is a substantial likelihood that the
offender has committed or is about to commit a sexually violent offense.
(3) After control over the offender's service of a prison term
has been transferred pursuant to section 2971.04 of the Revised Code to the court, the court,
in any of the following circumstances, may conduct a hearing within thirty
days to determine whether to modify in accordance with division (C)
of this section the requirement that the offender serve the entire prison term
in a state correctional institution, whether to continue, revise, or revoke an
existing modification of that requirement, or whether to terminate the
sentence in accordance
with division (D) of this section:
(a) The offender requests the hearing;
(b) Upon the court's own motion;
(c) One or more examiners who have conducted a psychological
examination and assessment of the offender file a statement that states that
there no longer is a likelihood that the offender will engage in the future in
a sexually violent offense.
(B)(1) Before a court holds a hearing pursuant to division
(A) of this section, the court shall provide notice of the date,
time,
place, and purpose of the hearing to the offender, the prosecuting attorney,
the department of rehabilitation and correction, and the adult parole
authority
and shall request the department to prepare
pursuant to section 5120.61 of the Revised Code an update of the most recent risk assessment
and report relative to the offender.
The offender
has the right to be present at any hearing held under this section.
At the hearing, the
offender and the prosecuting attorney may make a statement
and present evidence as to whether the requirement should
or should not be modified, whether the existing modification of the
requirement should be continued, revised, or revoked, and whether the prison
term should or should not be terminated.
(2) At a hearing held pursuant to division (A) of this section,
the court may and, if the hearing is held pursuant to division
(A)(1)(a), (1)(b), or (3)(c)
of this section, shall determine by clear and convincing evidence whether
the offender is unlikely to commit a sexually violent
offense in the future.
(3) At the conclusion of the hearing held pursuant to division
(A)
of this section, the court may order that the requirement that the offender
serve the entire prison term in a state correctional institution be continued,
that the requirement be modified pursuant to division (C) of this
section, that an existing modification be continued, revised, or revoked
pursuant to division (C) of this section, or that the prison term be
terminated pursuant to division (D) of this section.
(C)(1) If, at the conclusion of a hearing held pursuant to
division
(A) of this section, the court determines by clear and convincing
evidence that the offender will not represent a substantial
risk of physical harm to others, the court may modify the requirement that the
offender serve the entire prison term in a state correctional institution in a
manner that the court considers appropriate. If the court modifies the requirement, the offender is subject to supervision under division (E) of this section.
(2) The modification of the requirement does not terminate the prison term
but serves
only to suspend the requirement that the offender serve the entire term in a
state correctional institution. The prison term shall remain in
effect for the offender's entire life unless the court terminates the prison
term pursuant to division (D) of this section. The offender shall
remain under the jurisdiction of the court for the offender's entire life
unless the court so terminates the prison term. The modification of the
requirement does not terminate the
classification of the offender, as described in division
(F) of section 2971.03 of the Revised Code, as a sexual predator for
purposes of Chapter 2950. of the Revised Code, and the offender is subject to supervision under division (E) of this section.
(3) If the court revokes the modification under consideration, the court
shall order that the offender be returned to the custody of the department of
rehabilitation and correction to continue serving the prison term to which the
modification applied, and section 2971.06 of the Revised Code applies regarding the offender.
(D)(1) If, at the conclusion of a hearing held pursuant to
division (A) of this section, the court determines by clear and
convincing evidence that the offender is unlikely to commit a
sexually violent offense in the future, the court may
terminate the offender's prison term imposed under division
(A)(3) of section 2971.03 of the Revised Code, subject to the offender
satisfactorily
completing the period of conditional release required by this division and compliance with division (E) of this section. If
the court terminates the prison term, the court shall place the offender on
conditional release for five years, require the offender to comply with division (E) of this section, notify the adult parole authority of its
determination and of the termination of the prison term, and order the adult
parole authority to supervise the offender during the five-year period of
conditional release and to supervise the offender pursuant to division (E) of this section. Upon receipt of a notice from a court pursuant to this
division, the
adult parole authority shall supervise the offender who is the subject of the
notice during the five-year period of conditional release, periodically notify
the court of the offender's activities
during that five-year period of conditional release, and file with the court
no later than thirty days prior to the expiration of the five-year period of
conditional release a written recommendation as to whether the termination of
the offender's prison term should be finalized, whether the period of
conditional release should be extended, or whether another type of action
authorized pursuant to this chapter should be taken.
Upon receipt of a recommendation of the adult parole authority filed
pursuant to this division, the court shall hold a
hearing to determine whether to finalize the termination of the offender's
prison term, to
extend the period of conditional release, or to take another
type of action authorized pursuant to this chapter. The court shall hold the
hearing no later than the date on which the five-year period of conditional
release terminates and shall provide notice of the date, time, place, and
purpose of the hearing to the offender and to the prosecuting attorney. At
the hearing, the offender, the prosecuting attorney, and the adult
parole authority employee who supervised the offender during the period of
conditional release may make a statement and present evidence.
(2) If the court determines to extend an offender's period of conditional
release, it may do so for additional periods of one year in the same manner
as the original period of conditional release, and except as otherwise
described in this division, all procedures and requirements that applied to
the original period of conditional release apply to the additional period of
extended conditional release unless the court modifies a procedure or
requirement. If an offender's period of conditional release is extended as
described in this division, all references to a five-year period of
conditional release that are contained in division (D)(1) of this
section shall be construed, in applying the provisions of that division to the
extension, as being references to the one-year period of the extension of the
conditional release.
If the court determines to take another type of action authorized pursuant
to this chapter, it may do so in the same manner as if the action had been
taken at any other stage of the proceedings under this chapter.
As used in this division, "another type of action" includes the revocation of
the conditional release and the return of the offender to a state correctional
institution to continue to serve the prison term.
If the court determines to finalize the termination of the offender's
prison term,
it shall notify the department of rehabilitation and
correction, the department shall enter into its records a final release and
issue to the offender a certificate of final release, and the prison term
thereafter shall be considered completed and terminated in every
way.
The termination of the offender's prison term pursuant to
division (D)(1) or (2) of this
section does not affect the classification of the
offender, as described in division
(F) of section 2971.03 of the Revised Code, as a sexual predator for
purposes of Chapter 2950. of the Revised Code, and does not terminate the adult parole authority's supervision of a sexually violent predator with an active global positioning system device, pursuant to division (E) of this section. The classification of the offender as a sexual predator is permanent and continues until the offender's death as described in division (D)(2) of section 2950.09 of the Revised Code.
(E) The adult parole authority shall supervise an offender whose prison term is modified as provided in division (C) of this section or whose prison term is terminated as provided in division (D) of this section with an active global positioning system device during any time period in which the offender is not incarcerated in a state correctional institution. Unless the court removes the offender's classification as a sexually violent predator, an offender is subject to supervision with an active global positioning system pursuant to this division for the offender's entire life. The costs of administering the supervision of sexually violent offenders with an active global positioning system device shall be paid out of funds from the reparations fund, created pursuant to section 2743.191 of the Revised Code. This division shall only apply to a sexually violent predator who is released from the custody of the department of rehabilitation and correction on or after the effective date of this amendment.
Sec. 3107.10. (A) Notwithstanding section 3107.01 of the
Revised Code, as used in this section,
"agency" does not
include a
public children services agency.
(B) An agency or attorney, whichever arranges a minor's
adoption,
shall file with the court a
preliminary estimate
accounting not later than the time
the adoption petition for the
minor is filed with the court. The agency or
attorney, whichever
arranges the adoption, also shall file a
final accounting with the
court before a final decree
of adoption is issued or an
interlocutory order of adoption is finalized for
the minor. The
agency or attorney shall complete and file
accountings in a manner
acceptable to the court.
An accounting shall specify all disbursements of anything of
value
the petitioner, a person on the petitioner's behalf, and the
agency or
attorney made and has agreed to make in connection with
the
minor's permanent surrender under division (B) of section
5103.15
of the Revised Code, placement under
section 5103.16 of
the Revised Code, and adoption under
this chapter. The agency or
attorney shall
include in an accounting an itemization of each
expense listed in division
(C) of this section. The itemization
of the expenses specified in
divisions (C)(3) and (4) of this
section shall show the amount the
agency or attorney charged or is
going to
charge for the services and the actual cost to the agency
or
attorney of providing the services. An accounting shall
indicate whether any expenses listed in division (C) of
this
section do not apply to the adoption proceeding for which
the
accounting is filed.
The agency or attorney shall include with a preliminary
estimate accounting
and a final accounting a written statement
signed by the petitioner that the
petitioner has reviewed
the
accounting and attests to its accuracy.
(C) No petitioner, person acting on a
petitioner's behalf,
or agency or attorney shall
make or agree to make any
disbursements in
connection with the minor's permanent surrender,
placement, or adoption other than for the following:
(1) Physician expenses incurred on behalf of the birth
mother or minor
in connection with prenatal care, delivery, and
confinement prior to or following the minor's birth;
(2) Hospital or other medical facility expenses incurred on
behalf
of the birth mother or minor in connection with the minor's
birth;
(3) Expenses charged by the attorney arranging the adoption
for providing
legal services in connection with the placement and
adoption,
including expenses incurred by the attorney pursuant to
sections 3107.031,
3107.081, 3107.082, 3107.09, and 3107.12 of the
Revised Code;
(4) Expenses charged by the agency arranging the adoption
for providing
services in connection with the permanent surrender
and adoption, including
the agency's application fee and the
expenses incurred by the agency pursuant
to sections 3107.031,
3107.09, 3107.12, 5103.151, and 5103.152 of the
Revised Code;
(5) Temporary costs of routine maintenance and medical
care
for a minor required under section 5103.16 of the Revised Code if
the
person seeking to adopt the minor refuses to accept
placement
of the minor;
(6) Guardian ad litem fees incurred on behalf of the
minor
in any court proceedings;
(7) Foster care expenses incurred in connection with
any
temporary care and maintenance of the minor;
(8) Court expenses incurred in connection with the
minor's
permanent surrender, placement, and adoption.
(D) If a court determines from an accounting that an amount
that
is going to be disbursed for an expense listed in division
(C) of this section
is unreasonable, the court may order a
reduction in the amount to be
disbursed. If a court determines
from an accounting that an unreasonable
amount was disbursed for
an expense
listed in division (C) of this section, the court may
order the
person who received the disbursement to refund to the
person who made the
disbursement an amount the court orders.
If a court determines from an accounting that a disbursement
for an expense
not permitted by division (C) of this section is
going to be made,
the court may issue an injunction prohibiting
the disbursement. If
a court determines from an accounting that a
disbursement for an expense not permitted by division (C)
of this
section was made, the court may order the person who received the
disbursement to return it to the person who made the disbursement.
If a court determines that a final
accounting does not
completely report all the disbursements that
are going to be made
or have been made in connection with the
minor's permanent
surrender, placement, and adoption, the court shall
order the
agency or attorney to file with the
court an accounting that
completely reports all such disbursements.
The agency or attorney shall file the final accounting with
the court not later than ten days prior to the date scheduled for
the final
hearing on the adoption. The court may not issue a
final
decree of adoption
or finalize an interlocutory order of
adoption of a minor until at least ten
days after the agency or
attorney files the final accounting.
(E) At the conclusion of each adoption proceeding, the
court
shall prepare a summary of the proceeding, and on or before
the
tenth day of each month, send copies of the summaries for all
proceedings concluded during the preceding calendar month to the
department of job and family services. The summary shall contain:
(1) A notation of the nature and approximate value or
amount
of anything paid in connection with the proceeding,
compiled from
the final accounting required by division
(B) of this section and
indicating the category of division
(C) of this section to which
any payment relates;
(2) If the court has not issued a decree because of the
requirements of division (D) of this section, a notation of
that
fact and a statement of the reason for refusing to issue the
decree, related to the financial data summarized under division
(E)(1) of this section;
(3) If the adoption was
arranged by an attorney, a notation
of that fact.
The summary shall contain no information identifying by
name
any party to the proceeding or any other person, but may
contain
additional narrative material that the court considers
useful to
an analysis of the summary.
(F) This section does not apply to an adoption by a
stepparent whose spouse is a biological or adoptive parent of the
minor.
Sec. 3111.04. (A) An action to determine the existence or
nonexistence of the father and child relationship may be brought
by the child or the child's personal representative, the child's
mother or her personal representative, a man alleged or alleging
himself to be the child's father, the child support enforcement
agency of the county in which the child resides if the child's
mother is a recipient of public assistance or of services under Title IV-D of
the "Social Security Act," 88 Stat. 2351 (1975), 42 U.S.C.A. 651,
as amended, or the alleged father's personal representative.
(B) An agreement does not bar an action under this
section.
(C) If an action under this section is brought before the
birth of the child and if the action is contested, all
proceedings, except service of process and the taking of
depositions to perpetuate testimony, may be stayed until after
the birth.
(D) A recipient of public assistance or of services under Title IV-D of
the "Social Security Act," 88 Stat. 2351 (1975), 42 U.S.C.A. 651,
as amended, shall cooperate with the child support
enforcement agency of
the county in which a child resides to obtain an
administrative
determination pursuant to sections 3111.38 to
3111.54 of the
Revised Code, or, if necessary, a court
determination pursuant to sections 3111.01 to 3111.18
of the Revised Code, of
the
existence or nonexistence of a parent and
child relationship between the father and the child. If the recipient fails
to
cooperate, the agency may commence an action to determine the existence or
nonexistence of a parent and child relationship between the father and the
child pursuant to sections 3111.01 to 3111.18 of the
Revised Code.
(E) As used in this section, "public assistance" means medical
assistance under Chapter 5111. of the Revised Code, assistance under
Chapter 5107. of the Revised Code, or disability financial assistance under Chapter
5115. of the Revised Code, or disability medical assistance under Chapter 5115. of the Revised Code.
Sec. 3119.54. If
either party to a child
support order
issued in
accordance with
section 3119.30 of the
Revised Code is
eligible
for medical assistance under Chapter
5111. or 5115. of
the
Revised Code and the
other party has
obtained health insurance
coverage, the
party eligible for
medical assistance shall notify any physician, hospital, or
other
provider of medical services for which medical assistance
is
available of the name and address of the
other party's
insurer and
of
the number of the
other party's health
insurance or health care
policy, contract, or plan. Any
physician, hospital, or other
provider of medical services for
which medical assistance is
available under Chapter 5111. or 5115.
of the Revised
Code who is
notified under this division of the
existence of a health
insurance or health care policy, contract,
or plan with coverage
for children who are eligible for medical
assistance shall first
bill the insurer for any services provided
for those children.
If
the insurer fails to pay all or any part
of a claim filed
under
this section and the services for which the
claim is filed are
covered
by
Chapter 5111. or 5115. of the
Revised Code, the
physician, hospital, or other
medical services
provider shall bill
the remaining unpaid costs of
the services in
accordance with
Chapter 5111. or 5115. of the
Revised Code.
Sec. 3121.12. (A) On receipt of a notice
that a
lump sum payment of one hundred fifty dollars or more is to be paid to
the obligor, the court, with respect to a court support order, or the child
support enforcement agency, with respect to an administrative child support
order,
shall do either of the following:
(1) If the obligor is in default under the support order
or has any arrearages under the support order, issue an
order requiring the transmittal of the lump sum payment, or any portion of the lump sum payment sufficient to pay the arrearage in full, to the
office of child support;
(2) If the obligor is not in default under the support
order and does not have any arrearages under the support
order, issue an order directing the person who gave the notice to
the court or agency to immediately pay the full amount of the lump sum
payment to the obligor.
(B) On receipt of any Any moneys received by the office of child support pursuant to division
(A) of this section, the office of
child support
shall pay the amount of the lump sum payment that is necessary to
discharge all of the obligor's arrearages to the obligee and,
within two business days after its receipt of the money, any
amount that is remaining after the payment of the arrearages to
the obligor be distributed in accordance with rules adopted under section 3121.71 of the Revised Code.
(C) A court that issued an order prior to January 1,
1998, requiring an employer to withhold an amount from an
obligor's personal earnings for the payment of support shall
issue a supplemental order that does not change the original
order or the related support order requiring the employer to do
all of the following:
(1) No later than the earlier of forty-five days before a
lump sum payment is to be made or, if the obligor's right to a
lump sum payment is determined less than forty-five days before
it is to be made, the date on which that determination is made,
notify the child support enforcement agency of any lump sum
payment of any kind of one hundred fifty dollars or
more that is to be
paid to the obligor;
(2) Hold the lump sum payment for thirty days after the
date on which it would otherwise be paid to the obligor;
(3) On order of the court, pay any specified amount of
the lump sum payment to the office of child support.
(D) An employer that knowingly fails to notify the child
support enforcement agency in accordance with
this section or section 3121.03 of the Revised Code of any
lump sum payment to be made to an obligor
is liable for any support payment not made to the
obligee as a result of its knowing failure to give the notice.
Sec. 3121.50. On receipt of any amount forwarded from
a payor or financial institution,
the office of child support shall
distribute the amount to
the obligee within two business days of its receipt of the amount
forwarded. The Unless otherwise prohibited from doing so by a law of this state or the United States, the office may distribute the amount by means of electronic disbursement, and the obligee shall accept payment by means of electronic disbursement. The director of job and family services may adopt, revise,
or amend rules under Chapter 119. of the Revised
Code to assist in the
implementation of this section.
Sec. 3125.18. A child support enforcement agency shall
administer a Title IV-A program identified under division
(A)(3)(4)(c) or (d)(f) of section 5101.80 of the Revised Code that the
department of job and family services provides for the agency to
administer under the department's supervision pursuant to section
5101.801 of the Revised Code.
Sec. 3125.191. There is hereby created in the state treasury the child support operating fund, which is a state special revenue fund. The department of job and family services may deposit into the fund a portion of the federal incentives described in division (A) of section 3125.19 of the Revised Code and authorized by 42 U.S.C. 658a that are received by the department of job and family services from the United States department of health and human services. The department of job and family services may use money in the child support operating fund for program and administrative purposes associated with the program of child support enforcement authorized by section 3125.03 of the Revised Code.
Sec. 3301.079. (A)(1) Not later than December 31, 2001,
the
state board of education shall adopt
statewide academic
standards
for each of grades kindergarten
through twelve in
reading,
writing, and mathematics. Not later than December 31,
2002, the
state board shall adopt statewide academic standards for
each of
grades kindergarten through twelve in science and
social
studies.
The standards shall specify the academic content
and
skills that
students are expected to know and be able to do
at
each grade
level.
(2) When academic standards have been
completed for any
subject area required by this division, the
state board shall
inform all
school districts of the content of
those standards.
(B) Not later than eighteen months after the completion of
academic
standards for any subject area required by division (A)
of this section, the state board
shall adopt a model curriculum
for instruction in that subject
area for each of grades
kindergarten through twelve that is sufficient to meet the needs
of students in every community. The model curriculum shall be
aligned
with the standards to ensure that the academic content and
skills
specified for each grade level are taught to students.
When any model curriculum has
been completed, the state board
shall inform all school districts
of the content of that model
curriculum.
All
school districts may utilize the state standards and the
model curriculum established by the state board, together with
other relevant
resources, examples, or models to ensure that
students have the
opportunity to attain the academic standards.
Upon request, the
department of education shall provide technical
assistance to any
district in implementing the model curriculum.
Nothing in this section requires any school district to
utilize all or any part of a model curriculum developed under this
division.
(C) The state board shall develop achievement tests aligned
with the academic standards and model curriculum for each of the
subject areas and grade levels required by section 3301.0710 of
the Revised Code.
When any achievement
test has been completed,
the state board
shall inform all school
districts of its
completion, and the
department of education shall
make the
achievement test available
to the districts. School
districts
shall administer the
achievement test beginning in the
school year
indicated in section
3301.0712 of the Revised Code.
(D)(1) Not later than July 1, 2008, and except as provided
in
division (D)(3) of this section, the The state board shall adopt a
diagnostic assessment aligned with the academic standards and
model curriculum for each of grades kindergarten through two in
reading, writing, and mathematics and for each of grades grade three
through eight in reading, writing, mathematics, science, and
social studies. The diagnostic assessment shall be designed to
measure student comprehension of academic content and mastery of
related skills for the relevant subject area and grade level. Any
diagnostic assessment shall not include components to
identify
gifted
students. Blank copies
of diagnostic tests shall be public
records.
(2)
When each diagnostic assessment has been
completed,
the
state board
shall inform all school districts of
its
completion
and the
department of education shall make the
diagnostic
assessment
available to the districts at no cost to the
district.
School
districts shall administer the diagnostic
assessment
pursuant to
section 3301.0715 of the Revised Code
beginning the
first school
year following the development of the
assessment.
(3) The state board shall not adopt a diagnostic assessment
for any subject area and grade level for which the state board
develops an achievement test under division (C) of this section.
(E) Whenever the state board or the department of education
consults with persons for the purpose of drafting or reviewing any
standards, diagnostic assessments, achievement tests, or model
curriculum required under this section, the state board or the
department shall first consult with parents of students in
kindergarten through twelfth grade and with active Ohio classroom
teachers, other school personnel,
and administrators with
expertise in the appropriate subject area.
Whenever practicable,
the state board and
department shall consult
with teachers
recognized as outstanding
in their fields.
If the department contracts with more than one outside entity for the development of the achievement tests required by this section, the department shall ensure the interchangeability of those tests.
(F) The fairness sensitivity review committee, established
by rule of the state board of education, shall not allow any
question on any achievement test or diagnostic assessment
developed under this section or any proficiency test prescribed by
former section 3301.0710 of the Revised Code, as it existed prior
to
September 11, 2001, to
include, be written to
promote, or inquire as to individual moral
or social values or
beliefs. The decision of the committee shall
be final. This
section does not create a private cause of action.
Sec. 3301.0710. The state board of education shall adopt
rules establishing a statewide program to test student
achievement. The state board shall
ensure that all tests
administered under the testing program are
aligned with the
academic standards and model curricula adopted by
the state board
and are created with input from Ohio parents, Ohio
classroom
teachers, Ohio school administrators, and other
Ohio
school
personnel
pursuant to section 3301.079 of
the Revised Code.
The testing program shall be designed to ensure that students
who receive
a high school diploma demonstrate at least high
school
levels of
achievement in reading, writing,
mathematics,
science,
and
social studies.
(A)(1)
The state board shall prescribe all of the
following:
(a) Two statewide achievement tests, one each designed to measure the
level of reading and mathematics skill expected at the end of third grade;
(b) Three statewide achievement tests, one each designed to
measure the level of reading, writing, and mathematics skill expected at the
end of fourth grade;
(c) Four statewide achievement tests, one each designed to
measure the level of reading, mathematics, science, and social studies skill expected at
the end of fifth grade;
(d) Two statewide achievement tests, one each designed to measure the level of reading and mathematics skill expected at the end of sixth grade;
(e) Three statewide achievement tests, one each designed to
measure the level of reading, writing, and mathematics skill
expected at the end of seventh grade;
(f) Four statewide achievement tests, one each designed to
measure the level of reading, mathematics, science, and social studies skill expected at
the end of eighth grade.
(2) The state board shall determine and designate at least
five ranges of scores on each of the achievement tests described
in divisions (A)(1) and (B) of this section. Each range of scores shall be
deemed to demonstrate a level of achievement so that any student
attaining a score within such range has achieved one of the
following:
(a) An advanced level of skill;
(b) An accelerated level of skill;
(c) A proficient level of skill;
(d) A basic level of skill;
(e) A limited level of skill.
(B)
The tests prescribed under this division shall
collectively be known as the Ohio graduation tests. The state
board shall prescribe five statewide high
school
achievement
tests, one each designed to measure
the level
of reading,
writing, mathematics, science, and
social
studies skill expected
at the end of tenth
grade. The state board shall designate a score in at least the range designated under division (A)(2)(c) of this section on each such test that shall be deemed to be a passing score on the test as a condition toward granting high school diplomas under sections 3313.61, 3313.611, 3313.612, and 3325.08 of the Revised Code.
The state board may enter into a reciprocal agreement with
the appropriate body or agency of any other state that has
similar
statewide
achievement testing requirements for
receiving
high
school diplomas, under which any student who has
met
an
achievement testing requirement of one state
is recognized as
having met the similar
achievement
testing requirement of the
other state for purposes of receiving a
high school diploma. For
purposes of this section and sections
3301.0711 and 3313.61 of
the
Revised Code, any student enrolled in
any public high school
in
this state
who has met
an achievement testing requirement
specified in a reciprocal
agreement entered into under this
division shall be deemed to have
attained at least the applicable
score designated under this
division on each test required by
this
division that is specified
in the agreement.
(C) The Except as provided in division (H) of this section, the state board shall annually designate as follows
the
dates on which the tests prescribed under this section shall
be
administered:
(1) For the reading test prescribed under division
(A)(1)(a) of this
section, as follows:
(a)
One date prior to the thirty-first day of
December each
school
year;
(b) At least one date of each school year that is not
earlier
than Monday of the week containing the eighth first day of
March May;
(c) One date during the summer that is not earlier than the tenth day of June nor later than the fifteenth day of July for students
receiving summer
remediation services under
section 3313.608 of
the Revised
Code.
(2) For the mathematics test prescribed under division (A)(1)(a) of this section and the tests prescribed under
divisions
(A)(1)(b),
(c), (d), (e), and (f)
of this section, at least one
date of each
school year that is not earlier than Monday of the
week
containing
the
eighth first day of March May;
(3) For the tests prescribed under division (B) of this
section, at least one date in each school year that is
not earlier
than Monday of the week containing the fifteenth day
of
March for
all tenth grade students and at
least one date prior to the
thirty-first day of
December and at least one date subsequent to
that date but prior
to the thirty-first day of March of each
school year for eleventh and
twelfth grade students.
(D) In prescribing test dates pursuant to division
(C)(3)
of
this section, the state board shall, to the greatest
extent
practicable,
provide options to school districts in the case of
tests
administered under that division to eleventh and twelfth
grade
students and in the case of tests administered to students
pursuant to division
(C)(2) of section
3301.0711 of the Revised
Code. Such options shall include at least an
opportunity
for
school districts
to give such tests outside of regular school
hours.
(E) In prescribing test dates pursuant to this section, the
state
board of education shall designate the dates in such a way
as to allow a
reasonable length of time between the administration
of tests prescribed under
this section and any administration of
the National
Assessment of Education
Progress Test given to
students in the same grade level
pursuant to section
3301.27 of
the Revised Code or federal law.
(F) The state board shall prescribe a practice version of each Ohio graduation test described in division (B) of this section that is of comparable length to the actual test.
(G) Any committee established by the department of education for the purpose of making recommendations to the state board regarding the state board's designation of scores on the tests described by this section shall inform the state board of the probable percentage of students who would score in each of the ranges established under division (A)(2) of this section on the tests if the committee's recommendations are adopted by the state board. To the extent possible, these percentages shall be disaggregated by gender, major racial and ethnic groups, limited English proficient students, economically disadvantaged students, students with disabilities, and migrant students.
If the state board intends to make any change to the committee's recommendations, the state board shall explain the intended change to the Ohio accountability task force established by section 3302.021 of the Revised Code. The task force shall recommend whether the state board should proceed to adopt the intended change. Nothing in this division shall require the state board to designate test scores based upon the recommendations of the task force.
(H)(1) The state board shall require any alternate assessment administered to a student under division (C)(1) of section 3301.0711 of the Revised Code to be completed and submitted to the entity with which the department contracts for the scoring of the test not later than the first day of April of the school year in which the test is administered.
(2) For any test prescribed by this section, the state board may designate a date one week earlier than the applicable date designated under division (C) of this section for the administration of the test to limited English proficient students.
(3) In designating days for the administration of the tests prescribed by division (A) of this section, the state board shall require the tests for each grade level to be administered on consecutive days.
Sec. 3301.0711. (A) The department of education shall:
(1) Annually furnish
to, grade, and score all tests required
by
section 3301.0710 of the Revised Code to
be administered by
city,
local,
exempted
village, and joint vocational school
districts, except that each district shall score any test administered pursuant to division (B)(10) of this section. Each test so furnished shall include the data verification code of the student to whom the test will be administered, as assigned pursuant to division (D)(2) of section 3301.0714 of the Revised Code. In furnishing the practice versions of Ohio graduation tests prescribed by division (F) of section 3301.0710 of the Revised Code, the department shall make the tests available on its web site for reproduction by districts. In awarding contracts for grading tests, the
department shall give preference to Ohio-based entities employing
Ohio residents.
(2) Adopt rules for the ethical use of tests and
prescribing
the manner in which the tests prescribed by section
3301.0710 of
the Revised Code shall be administered to students.
(B) Except as provided in divisions (C) and (J) of this
section, the board of education of each city, local, and exempted
village school district shall, in accordance with rules adopted
under division (A) of this section:
(1) Administer the reading test prescribed under division (A)(1)(a)
of
section 3301.0710 of the Revised Code twice annually to
all
students in the
third grade who have not attained the score
designated for that test under division (A)(2)(c) of section
3301.0710 of the Revised
Code and once each summer to students
receiving summer remediation
services under
section 3313.608 of
the Revised Code.
(2) Administer the mathematics test prescribed under division (A)(1)(a) of section 3301.0710 of the Revised Code at least once annually to all students in the third grade.
(3) Administer the tests prescribed under division (A)(1)(b)
of section 3301.0710 of the Revised Code
at least once
annually
to all students in the fourth grade.
(4) Administer the tests prescribed
under division
(A)(1)(c)
of section 3301.0710 of the Revised Code at least
once annually
to
all students in the
fifth grade.
(5) Administer the tests prescribed under division (A)(1)(d) of section 3301.0710 of the Revised Code at least once annually to all students in the sixth grade.
(6) Administer
the tests prescribed under division
(A)(1)(e)
of section 3301.0710 of the Revised Code at least
once
annually
to
all students in the
seventh
grade.
(7)
Administer
the tests prescribed under division (A)(1)(f)
of section 3301.0710 of the Revised Code at least once annually to
all students in the eighth grade.
(8) Except as provided in division (B)(9) of this
section,
administer any test prescribed under division (B) of
section
3301.0710 of the Revised Code as follows:
(a) At least once annually to all tenth grade students and
at
least twice annually
to all students in eleventh or twelfth
grade who have not yet attained the score on that test designated
under that division;
(b) To any person who has successfully completed the
curriculum in any high school or the individualized education
program developed for the person by any high school pursuant to
section 3323.08 of the Revised Code but has not received a high
school diploma and who requests to take such test, at any time
such test is administered in the district.
(9) In lieu of the board of education of any city, local, or
exempted village school district in which the student is also
enrolled, the board of a joint vocational school district shall
administer any test prescribed under division (B) of section
3301.0710 of the Revised Code at least twice annually to any student enrolled in the joint vocational school district who has
not yet attained the score on that test designated under that
division. A board of a joint vocational school district may also
administer such a test to any student described in division
(B)(8)(b) of this section.
(10) If the district has been declared to be under an academic watch or in a state of academic emergency pursuant to section 3302.03 of the Revised Code or has a three-year average graduation rate of not more than seventy-five per cent, administer each test prescribed by division (F) of section 3301.0710 of the Revised Code in September to all ninth grade students, beginning in the school year that starts July 1, 2005.
(C)(1)(a) Any student receiving special education services
under
Chapter 3323. of the Revised Code
may be excused from
taking
any particular test required to be administered under this
section if the individualized education program developed for the
student pursuant to section 3323.08 of the Revised Code excuses
the student from taking that test
and
instead specifies an
alternate assessment method approved by the
department of
education as conforming to requirements of federal
law for receipt
of federal funds for disadvantaged pupils. To the
extent
possible, the individualized education program shall not
excuse
the student from taking a test unless no reasonable
accommodation
can be made to enable the student to take the test.
(b) Any alternate assessment approved by the department
for
a student under this division shall produce measurable results
comparable to those produced by the tests which the alternate
assessments are replacing in order to allow for the student's
assessment results to be included in the data compiled for a
school district or building under section 3302.03 of the Revised Code.
(c) Any
student
enrolled in a chartered
nonpublic school
who has been identified,
based on an evaluation conducted in
accordance with section
3323.03 of the Revised Code or section 504
of the
"Rehabilitation
Act of 1973," 87 Stat. 355, 29 U.S.C.A.
794, as amended, as a
child with a disability shall be excused
from taking any
particular test
required to be administered under
this section if
a plan developed for the
student pursuant to rules
adopted by the
state board excuses the student from
taking that
test. In the
case of any student so excused from taking a test,
the chartered
nonpublic school shall not prohibit the student from
taking the
test.
(2) A district board may, for medical reasons or other
good
cause, excuse a student from taking a test administered
under this
section on the date scheduled, but any such test shall
be
administered to such excused student not later than
nine days
following the scheduled date. The board shall annually
report the
number of students who have not taken one or more of
the tests
required by this section to the state board of
education not later
than the thirtieth day of
June.
(3) As used in this division, "limited English proficient student"
has the same meaning as in 20 U.S.C. 7801.
No school district board shall excuse any limited English proficient student from taking any particular test required to be administered under this section, except that any limited English proficient student who has been enrolled in United States schools for less than one full school year shall not be required to take any such reading or writing test. However, no board shall prohibit a limited English proficient student who is not required to take a test under this division from taking the test. A board may permit any limited English proficient student to take any test required to be administered under this section with appropriate accommodations, as determined by the department. For each limited English proficient student, each
school district shall annually assess that student's progress
in learning
English, in accordance with procedures approved by the
department.
The
governing authority of a
chartered
nonpublic school may excuse a limited English proficient student from taking any test administered under this section. However, no governing authority shall prohibit
a limited English proficient student
from
taking the test.
(D)(1) In the school year next succeeding
the school year in
which the tests prescribed by division (A)(1) or (B) of
section
3301.0710
of the Revised Code
or former division (A)(1), (A)(2), or (B) of
section
3301.0710 of the Revised Code as it existed prior to
September 11, 2001, are administered to any
student,
the board
of education of any school district in which
the
student
is
enrolled in that year shall provide
to the student intervention
services
commensurate with the student's test
performance,
including any intensive intervention required under
section
3313.608 of the Revised Code, in any skill in which the
student
failed
to demonstrate at least
a score at the proficient
level
on the test.
(2) Following any administration of the tests prescribed by division (F) of section 3301.0710 of the Revised Code to ninth grade students, each school district that has a three-year average graduation rate of not more than seventy-five per cent shall determine for each high school in the district whether the school shall be required to provide intervention services to any students who took the tests. In determining which high schools shall provide intervention services based on the resources available, the district shall consider each school's graduation rate and scores on the practice tests. The district also shall consider the scores received by ninth grade students on the reading and mathematics tests prescribed under division (A)(1)(f) of section 3301.0710 of the Revised Code in the eighth grade in determining which high schools shall provide intervention services.
Each high school selected to provide intervention services under this division shall provide intervention services to any student whose test results indicate that the student is failing to make satisfactory progress toward being able to attain scores at the proficient level on the Ohio graduation tests. Intervention services shall be provided in any skill in which a student demonstrates unsatisfactory progress and shall be commensurate with the student's test performance. Schools shall provide the intervention services prior to the end of the school year, during the summer following the ninth grade, in the next succeeding school year, or at any combination of those times.
(E) Except as provided in section 3313.608 of the Revised
Code and division
(M) of this section,
no school district board of
education shall
utilize any
student's failure to
attain a
specified score on
any test administered under this
section
as a
factor in any decision to deny the student promotion
to a higher
grade level. However, a district board may
choose not
to promote
to
the next grade level any student who does not take
any
test
administered under this section or make up
such test as
provided
by division (C)(2) of this section and who is not exempt from the requirement to take the test under division (C)(3) of this section.
(F) No person shall be charged a fee for taking any test
administered under this section.
(G) Not later than sixty days after any administration of
any test prescribed by division (A)(1) or (B) of section 3301.0710 of the Revised Code, the (1) Each school district board shall submit the tests administered in the spring under division (B)(1) of this section and the tests administered under divisions (B)(2) to (7) of this section to the entity with which the department contracts for the scoring of the tests not later than the Friday after the tests are administered, except that any such test that a student takes during the make-up period described in division (C)(2) of this section shall be submitted not later than the Friday following the day the student takes the test.
(2)
The
department or an entity with which the department contracts for the scoring of the test shall send to each school district board a list of the
individual test scores of all persons taking the any test prescribed by division (A)(1) or (B) of section 3301.0710 of the Revised Code within sixty days after its administration, but in no case shall the scores be returned later than the fifteenth day of June following the administration. For any
tests administered under this section by a joint vocational school
district, the department or entity shall also send to each city, local, or
exempted village school district a list of the individual test
scores of any students of such city, local, or exempted village
school district who are attending school in the joint vocational
school district.
(H) Individual test scores on any tests administered under
this section shall be released by a district board only in
accordance with section 3319.321 of the Revised Code and the
rules
adopted under division (A) of this section. No district
board or
its employees shall utilize individual or aggregate test
results
in any manner that conflicts with rules for the ethical
use of
tests adopted pursuant to division (A) of this section.
(I) Except as provided in division (G) of this section,
the
department or an entity with which the department contracts for the scoring of the test shall not release any individual test scores on
any
test administered under this section and. The state board of education shall adopt rules to
ensure the protection of student confidentiality at all times. The rules may require the use of the data verification codes assigned to students pursuant to division (D)(2) of section 3301.0714 of the Revised Code to protect the confidentiality of student test scores.
(J) Notwithstanding
division (D) of section 3311.52 of the
Revised Code, this section
does not apply to the board of
education of any
cooperative education school district except as
provided under
rules adopted pursuant to this division.
(1) In accordance with rules that the state board of
education shall adopt, the board of education of any city,
exempted village, or local school district with territory in a
cooperative education
school
district established pursuant to
divisions (A) to (C) of
section
3311.52 of the Revised Code may
enter into an agreement
with the
board of education of the
cooperative
education school district for administering any test
prescribed
under this section to students of the city, exempted
village, or
local school district who are attending school in the
cooperative education school district.
(2) In accordance with rules that the state board of
education shall adopt, the board of education of any city,
exempted village, or local school district with territory in a
cooperative education school district established pursuant to
section 3311.521 of the Revised Code shall enter into an
agreement
with the cooperative district that provides for the
administration
of any test prescribed under this section to both
of the
following:
(a) Students who are attending school in the cooperative
district and who, if the cooperative district were not
established, would be entitled to attend school in the city,
local, or exempted village school district pursuant to section
3313.64 or 3313.65 of the Revised Code;
(b) Persons described in division (B)(8)(b) of this
section.
Any testing of students pursuant to such an agreement shall
be in lieu of any testing of such students or persons pursuant to
this section.
(K)(1) Any chartered nonpublic school may participate in
the
testing program by administering any of the tests prescribed
by
section 3301.0710 or 3301.0712 of the Revised Code if the chief
administrator
of the school specifies which tests the school
wishes to
administer. Such specification shall be made in
writing to the
superintendent of public instruction prior to the
first day of
August of any school year in which tests are
administered and
shall include a pledge that the nonpublic school
will administer
the specified tests in the same manner as public
schools are
required to do under this section and rules adopted
by the
department.
(2) The department of education shall furnish the tests
prescribed by section 3301.0710 or 3301.0712 of the Revised Code to any
chartered nonpublic school electing to participate under this
division.
(L)(1)
The superintendent of the state school for the blind
and
the
superintendent of the state school for the deaf shall
administer
the tests described by section 3301.0710 of the
Revised
Code.
Each
superintendent shall administer the tests in
the same
manner
as
district boards are required to do under this
section
and rules
adopted by the department of education
and in conformity
with
division (C)(1)(a) of this section.
(2) The department of education shall furnish the tests
described by section 3301.0710 of the Revised Code to each
superintendent.
(M) Notwithstanding division (E) of this section,
a school
district may
use a student's failure to attain a score in at
least the basic range on the mathematics test described by division (A)(1)(a) of section 3301.0710 of the Revised Code or on any of the
tests
described by division
(A)(1)(b), (c), (d), (e), or (f) of
section 3301.0710 of the
Revised
Code
as a factor in retaining that student in the current
grade
level.
(N)(1) The In the manner specified in divisions (N)(3) to (5) of this section, the
tests required by section
3301.0710
of the
Revised Code shall become public records pursuant to
section
149.43 of the Revised Code on
the first day of July
following the
school year that the test was
administered, except that the reading test prescribed under division (A)(1)(a) of section 3301.0710 of the Revised Code shall become a public record on the sixteenth day of July following the school year that the test was administered.
(2) The department may field test proposed
test
questions
with
samples of students to determine the validity,
reliability,
or appropriateness
of test questions for possible
inclusion in a
future year's
test. The department also may use anchor questions on tests to ensure that different versions of the same test are of comparable difficulty.
Field test questions and anchor questions shall not be considered in computing
test scores for
individual students. Field test questions and anchor questions may be
included
as part of the administration of any
test
required by
section
3301.0710 of the Revised Code.
(3) Any field test question or anchor question administered under division
(N)(2) of
this section shall not be a public record. Such field
test questions and anchor questions shall be
redacted from any
tests which
are
released as a public record pursuant to division (N)(1) of
this
section.
(4) This division applies to the tests prescribed by division (A) of section 3301.0710 of the Revised Code.
(a) The first administration of each test, as specified in section 3301.0712 of the Revised Code, shall be a public record.
(b) For subsequent administrations of each test, not less than forty per cent of the questions on the test that are used to compute a student's score shall be a public record. The department shall determine which questions will be needed for reuse on a future test and those questions shall not be public records and shall be redacted from the test prior to its release as a public record.
(5) Each test prescribed by division (B) of section 3301.0710 of the Revised Code that is administered in the spring shall be a public record. Each test prescribed by that division that is administered in the fall or summer shall not be a public record.
(O) As used in this section:
(1) "Three-year average" means the average of the most recent consecutive three school years of data.
(2) "Dropout" means a student who withdraws from school before completing course requirements for graduation and who is not enrolled in an education program approved by the state board of education or an education program outside the state. "Dropout" does not include a student who has departed the country.
(3) "Graduation rate" means the ratio of students receiving a diploma to the number of students who entered ninth grade four years earlier. Students who transfer into the district are added to the calculation. Students who transfer out of the district for reasons other than dropout are subtracted from the calculation. If a student who was a dropout in any previous year returns to the same school district, that student shall be entered into the calculation as if the student had entered ninth grade four years before the graduation year of the graduating class that the student joins.
Sec. 3301.0714. (A) The state board of education shall
adopt rules for a statewide education management information
system. The rules shall require the state board to
establish
guidelines for the establishment and maintenance of the system in
accordance with this section and the rules adopted under this
section. The guidelines shall include:
(1) Standards identifying and defining the types of data
in
the system in accordance with divisions (B) and (C) of this
section;
(2) Procedures for annually collecting and reporting the
data to the state board in accordance with division
(D) of this
section;
(3) Procedures for annually compiling the data in
accordance
with division (G) of this section;
(4) Procedures for annually reporting the data to the
public
in accordance with division (H) of this section.
(B) The guidelines adopted under this section shall
require
the data maintained in the education management
information system
to include at least the following:
(1) Student participation and performance data, for each
grade in each school district as a whole and for each grade in
each school building in each school district, that
includes:
(a) The numbers of students receiving each category of
instructional service offered by the school district, such as
regular education instruction, vocational education instruction,
specialized instruction programs or enrichment instruction that
is
part of the educational curriculum, instruction for gifted
students, instruction for handicapped students, and remedial
instruction. The guidelines shall require instructional services
under this division to be divided into discrete categories if an
instructional service is limited to a specific subject, a
specific
type of student, or both, such as regular instructional
services
in mathematics, remedial reading instructional services,
instructional services specifically for students gifted in
mathematics or some other subject area, or instructional services
for students with a specific type of handicap. The categories of
instructional services required by the guidelines under this
division shall be the same as the categories of instructional
services used in determining cost units pursuant to division
(C)(3) of this section.
(b) The numbers of students receiving support or
extracurricular services for each of the support services or
extracurricular programs offered by the school district, such as
counseling services, health services, and extracurricular sports
and fine arts programs. The categories of services required by
the guidelines under this division shall be the same as the
categories of services used in determining cost units pursuant to
division (C)(4)(a) of this section.
(c) Average student grades in each subject in grades nine
through twelve;
(d) Academic achievement levels as assessed by the testing
of student
achievement under sections 3301.0710 and
3301.0711 of
the Revised Code;
(e) The number of students designated as having a
handicapping condition pursuant to division (C)(1) of section
3301.0711 of the Revised Code;
(f) The numbers of students reported to the state board
pursuant to division (C)(2) of section 3301.0711 of the Revised
Code;
(g) Attendance rates and the average daily attendance for
the year. For purposes of this division, a student shall be
counted as present for any field trip that is approved by the
school administration.
(j) The percentage of students receiving corporal
punishment;
(l) Rates of retention in grade;
(m) For pupils in grades nine through twelve, the average
number of carnegie units, as calculated in accordance with state
board of education rules;
(n) Graduation rates, to be calculated in a manner
specified
by the department of education that reflects the rate
at
which
students who were in the ninth grade three years prior
to
the
current year complete school and that is consistent with
nationally accepted reporting requirements;
(o) Results of diagnostic assessments administered to
kindergarten students as required under section 3301.0715 of the
Revised Code to permit a comparison of the academic readiness of
kindergarten students. However, no district shall be required to
report to the department the results of any diagnostic assessment
administered to a kindergarten student if the parent of that
student requests the district not to report those results.
(2) Personnel and classroom enrollment data for each
school
district, including:
(a) The total numbers of licensed employees and
nonlicensed
employees and the numbers of full-time
equivalent licensed
employees and nonlicensed employees providing
each category of
instructional service, instructional support
service, and
administrative support service used pursuant to
division (C)(3) of
this section. The guidelines adopted under
this section shall
require these categories of data to be
maintained for the school
district as a whole and, wherever
applicable, for each grade in
the school district as a whole, for
each school building as a
whole, and for each grade in each
school building.
(b) The total number of employees and the number of
full-time equivalent employees providing each category of service
used pursuant to divisions (C)(4)(a) and (b) of this section, and
the total numbers of licensed employees and nonlicensed
employees
and the numbers of full-time equivalent licensed
employees and
nonlicensed employees providing each category
used pursuant to
division (C)(4)(c) of this section. The
guidelines adopted under
this section shall require these
categories of data to be
maintained for the school district as a
whole and, wherever
applicable, for each grade in the school
district as a whole, for
each school building as a whole, and for
each grade in each school
building.
(c) The total number of regular classroom teachers
teaching
classes of regular education and the average number of
pupils
enrolled in each such class, in each of grades
kindergarten
through five in the district as a whole and in each
school
building in the school district.
(d) The number of master teachers employed by each school district and each school building, once a definition of master teacher has been developed by the educator standards board pursuant to section 3319.61 of the Revised Code.
(3)(a) Student demographic data for each school district,
including information regarding the gender ratio of the school
district's pupils, the racial make-up of the school district's
pupils, the number of limited English proficient students in the district, and an appropriate measure of the number of the school
district's pupils who reside in economically disadvantaged
households. The demographic data shall be collected in a manner
to allow correlation with data collected under division (B)(1) of
this section. Categories for data collected pursuant to division
(B)(3) of this section shall conform, where appropriate, to
standard practices of agencies of the federal government.
(b) With respect to each student entering kindergarten,
whether
the student previously participated in a public preschool
program, a private
preschool program, or a head start program, and
the number of years the
student participated in each of these
programs.
(4) Any data required to be collected pursuant to federal law.
(C) The education management information system shall
include cost accounting data for each district as a whole and for
each school building in each school district. The guidelines
adopted under this section shall require the cost data for each
school district to be maintained in a system of mutually
exclusive
cost units and shall require all of the costs of each
school
district to be divided among the cost units. The
guidelines shall
require the system of mutually exclusive cost
units to include at
least the following:
(1) Administrative costs for the school district as a
whole.
The guidelines shall require the cost units under this
division
(C)(1) to be designed so that each of them may be
compiled and
reported in terms of average expenditure per pupil
in formula ADM
in the school
district, as determined pursuant to section 3317.03
of the Revised Code.
(2) Administrative costs for each school building in the
school district. The guidelines shall require the cost units
under this division (C)(2) to be designed so that each of them
may
be compiled and reported in terms of average expenditure per
full-time equivalent pupil receiving instructional or support
services in each building.
(3) Instructional services costs for each category of
instructional service provided directly to students and required
by guidelines adopted pursuant to division (B)(1)(a) of this
section. The guidelines shall require the cost units under
division (C)(3) of this section to be designed so that each of
them may be compiled and reported in terms of average expenditure
per pupil receiving the service in the school district as a whole
and average expenditure per pupil receiving the service in each
building in the school district and in terms of a total cost for
each category of service and, as a breakdown of the total cost, a
cost for each of the following components:
(a) The cost of each instructional services category
required by guidelines adopted under division (B)(1)(a) of this
section that is provided directly to students by a classroom
teacher;
(b) The cost of the instructional support services, such
as
services provided by a speech-language pathologist, classroom
aide, multimedia aide, or librarian, provided directly to
students
in conjunction with each instructional services
category;
(c) The cost of the administrative support services
related
to each instructional services category, such as the cost
of
personnel that develop the curriculum for the instructional
services category and the cost of personnel supervising or
coordinating the delivery of the instructional services category.
(4) Support or extracurricular services costs for each
category of service directly provided to students and required by
guidelines adopted pursuant to division (B)(1)(b) of this
section.
The guidelines shall require the cost units under
division (C)(4)
of this section to be designed so that each of
them may be
compiled and reported in terms of average expenditure
per pupil
receiving the service in the school district as a whole
and
average expenditure per pupil receiving the service in each
building in the school district and in terms of a total cost for
each category of service and, as a breakdown of the total cost, a
cost for each of the following components:
(a) The cost of each support or extracurricular services
category required by guidelines adopted under division (B)(1)(b)
of this section that is provided directly to students by a
licensed employee, such as services provided by a guidance
counselor or any services provided by a licensed employee
under a
supplemental contract;
(b) The cost of each such services category provided
directly to students by a nonlicensed employee, such as
janitorial
services, cafeteria services, or services of a sports
trainer;
(c) The cost of the administrative services related to
each
services category in division (C)(4)(a) or (b) of this
section,
such as the cost of any licensed or nonlicensed
employees that
develop, supervise, coordinate, or otherwise are
involved in
administering or aiding the delivery of each services
category.
(D)(1) The guidelines adopted under this section
shall
require
school districts to collect information about individual
students, staff members, or both in connection with any data
required by division (B) or (C) of this section or other
reporting
requirements established in the Revised Code. The
guidelines may
also require school districts to report
information about
individual staff members in connection with any
data required by
division (B) or (C) of this section or other
reporting
requirements established in the Revised Code. The
guidelines
shall not
authorize school districts to request social
security
numbers of
individual students.
The guidelines shall prohibit
the
reporting
under this
section of
a student's
name,
address,
and
social security number to the state board of
education or the
department of
education. The guidelines shall
also prohibit the
reporting
under
this section of any personally
identifiable
information
about any
student, except for the purpose
of assigning
the data
verification
code required by division
(D)(2) of this
section, to
any
other
person
unless such person
is
employed by
the
school
district or
the data
acquisition site
operated under
section
3301.075 of the
Revised Code
and is
authorized
by the
district or
acquisition
site
to have
access to
such
information or is employed by an entity with which the department contracts for the scoring of tests administered under section 3301.0711 or 3301.0712 of the Revised Code.
The
guidelines may
require
school
districts to
provide the social
security numbers
of
individual
staff members.
(2) The guidelines shall provide for each school district or
community school to assign a data verification code
that is unique
on a statewide basis over time to each
student whose
initial Ohio
enrollment is in that district or
school and to report
all
required individual student data for that
student utilizing such
code. The guidelines shall also provide
for assigning
data
verification codes to all students enrolled in
districts or
community
schools on the
effective date of the
guidelines
established under this section.
Individual student data shall be reported to the department
through the
data
acquisition sites utilizing the code but at no
time shall
the state board
or the department have access to
information
that would enable any
data verification code to be
matched to personally
identifiable
student data.
Each school district shall ensure that the data verification
code is
included in the student's records reported to any
subsequent school district
or community school in which the
student enrolls. Any such subsequent
district or
school shall utilize the same identifier in its reporting of data
under this section.
(E) The guidelines adopted under this section may require
school districts to collect and report data, information, or
reports other than that described in divisions (A), (B), and (C)
of this section for the purpose of complying with other reporting
requirements established in the Revised Code. The other data,
information, or reports may be maintained in the education
management information system but are not required to be compiled
as part of the profile formats required under division (G) of
this
section or the annual statewide report required under
division (H)
of this section.
(F) Beginning with the school year that begins July 1,
1991,
the board of education of each school district shall
annually
collect and report to the state board, in
accordance
with the
guidelines established by the board, the data
required
pursuant to
this section. A school district may collect and
report these data
notwithstanding section 2151.358 or 3319.321 of
the Revised Code.
(G) The state board shall, in accordance with the
procedures
it adopts, annually compile the data reported by each
school
district pursuant to division (D) of this section. The
state
board shall design formats for profiling each
school
district as a
whole and each school building within each district
and shall
compile the data in accordance with these formats. These profile
formats shall:
(1) Include all of the data gathered under this section in
a
manner that facilitates comparison among school districts and
among school buildings within each school district;
(2) Present the data on academic achievement levels as
assessed by the testing of student
achievement
maintained
pursuant to division (B)(1)(d) of this section.
(H)(1) The state board shall, in accordance with the
procedures it adopts, annually prepare a statewide report for all
school districts and the general public that includes the profile
of each of the school districts developed pursuant to division
(G)
of this section. Copies of the report shall be sent to each
school district.
(2) The state board shall, in accordance with the
procedures
it adopts, annually prepare an individual report for
each school
district and the general public that includes the
profiles of each
of the school buildings in that school district
developed pursuant
to division (G) of this section. Copies of
the report shall be
sent to the superintendent of the district
and to each member of
the district board of education.
(3) Copies of the reports received from the state board
under divisions
(H)(1) and (2) of this section shall be made
available to the general public at each school district's
offices.
Each district board of education shall make copies of
each report
available to any person upon request and payment of a
reasonable
fee for the cost of reproducing the report. The board
shall
annually publish in a newspaper of general circulation in
the
school district, at least twice during the two weeks prior to
the
week in which the reports will first be available, a notice
containing the address where the reports are available and the
date on which the reports will be available.
(I) Any data that is collected or maintained pursuant to
this section and that identifies an individual pupil is not a
public record for the purposes of section 149.43 of the Revised
Code.
(J) As used in this section:
(1) "School district" means any city, local, exempted
village, or joint vocational school district.
(2) "Cost" means any expenditure for operating expenses
made
by a school district excluding any expenditures for debt
retirement except for payments made to any commercial lending
institution for any loan approved pursuant to section 3313.483 of
the Revised Code.
(K) Any person who removes data from the information
system
established under this section for the purpose of
releasing it to
any person not entitled under law to have access
to such
information is subject to section 2913.42 of the Revised
Code
prohibiting tampering with data.
(L) Any time the department of education determines that a
school district
has taken any of the actions described under
division
(L)(1), (2), or (3) of this section, it shall make a
report of the actions of the district, send a copy of the report
to the superintendent of such school district, and maintain a
copy
of the report in its files:
(1) The school district fails to meet any deadline
established pursuant to this section for the reporting of any
data
to the education management information system;
(2) The school district fails to meet any deadline
established pursuant to this section for the correction of any
data reported to the education management information
system;
(3) The school district reports data to the education
management
information system in a condition, as determined by
the
department, that indicates that the district did not make a good
faith effort in reporting the data to the system.
Any report made under this division shall include
recommendations
for corrective action by the school district.
Upon making a report for the first time
in a fiscal year, the
department shall
withhold ten per cent of the total amount due
during that fiscal
year under Chapter 3317. of the Revised Code to
the school district to which
the report applies. Upon making a
second
report in a fiscal year, the department shall withhold
an
additional twenty per cent of such total amount due during
that
fiscal year to the school district to which the report
applies.
The department shall not release such funds
unless it determines
that the district has taken corrective action.
However, no such
release of funds shall occur if the district
fails to take
corrective action within
forty-five days of the date
upon
which the
report was made by the department.
(M) No data acquisition site or school district shall acquire, change, or update its student administration software package to manage and report data required to be reported to the department unless it converts to a student software package that is certified by the department.
(N) The state board of education, in accordance with
sections 3319.31 and
3319.311 of the Revised Code, may suspend or
revoke a license as defined under
division (A) of section 3319.31
of the Revised Code that has been issued to
any school district
employee found to have willfully reported
erroneous, inaccurate,
or incomplete data to the education
management information system.
(O) No person shall release or maintain any information
about any
student in violation of this section. Whoever violates
this division is
guilty of a misdemeanor of the fourth degree.
(P) The department shall disaggregate the data collected
under
division (B)(1)(o) of this section according to the race and
socioeconomic status of the students assessed. No data collected
under that division shall be included on the report cards required
by section 3302.03 of the Revised Code.
(Q) If the department cannot compile any of the information
required by division (C)(5) of section 3302.03 of the Revised Code
based upon the data collected under this section, the department
shall develop a plan and a reasonable timeline for the collection
of any data necessary to comply with that division.
Sec. 3301.0715. (A) Except as provided in division (E) of this section, the board of education of each city,
local, and
exempted village school district shall administer each applicable diagnostic
assessment developed and provided to the district in
accordance
with section 3301.079 of the
Revised Code to the following:
(1) Each student enrolled in a building subject to division (E) of section 3302.04 of the Revised Code;
(2) Any student who transfers into the district or to a different school within the district if each applicable diagnostic assessment was not administered by the district or school the student previously attended in the current school year, within thirty days after the date of transfer. If the district or school into which the student transfers cannot determine whether the student has taken any applicable diagnostic assessment in the current school year, the district or school may administer the diagnostic assessment to the student.
(3) Each kindergarten student, not later than six weeks after the first day of school. For the purpose of division (A)(3) of this section, the district shall administer the kindergarten readiness assessment provided by the department of education. The district may administer the readiness assessment to a student prior to the student's enrollment in kindergarten, but in no case shall the results of the readiness assessment be used to prohibit the student from enrolling in kindergarten.
(4) Each student enrolled in first or second grade.
(B) Each district board shall administer each diagnostic
assessment as the board deems appropriate.
However, the board
shall administer any diagnostic assessment at
least once annually
to all students in the appropriate grade
level. A district board
may administer any diagnostic assessment
in the fall and spring of
a school year to measure the amount of academic growth attributable to the instruction
received by students during that school
year.
(C) Each district board shall utilize and score any
diagnostic assessment administered under division (A) of this
section in accordance with rules established by the department. Except as required by division (B)(1)(o) of section
3301.0714 of the Revised Code, neither the state board of education nor the
department
shall require school districts to report the results of
diagnostic
assessments for any students to the department or to
make any such
results available in any form to the public. After
the
administration of any diagnostic assessment, each district
shall
provide a student's completed diagnostic assessment, the
results
of such assessment, and any other accompanying documents
used
during the administration of the assessment to the parent of
that
student upon the parent's request.
(D) Each district board shall provide intervention services
to students whose diagnostic assessments show that they are
failing to make satisfactory progress toward attaining the
academic standards for their grade level.
(E) Any district that made adequate yearly progress, as defined in section 3302.01 of the Revised Code, in the immediately preceding school year may assess student progress in grades one through eight three using a diagnostic
assessment other than the diagnostic assessment required by
division (A) of this section.
(F) A district board may administer any the third grade writing diagnostic assessment provided to the district in accordance with section 3301.079 of the Revised Code to any student enrolled in a building that is not subject to division (A)(1) of this section. Any district electing to administer the diagnostic assessments assessment to students under this division shall provide intervention services to any such student whose diagnostic assessment shows unsatisfactory progress toward attaining the academic standards for the student's grade level.
Sec. 3301.12. (A) The superintendent of public
instruction in addition to the authority otherwise imposed on
him the superintendent, shall perform the following duties:
(1) He The superintendent shall provide technical and
professional assistance
and advice to all school districts in reference to all aspects of
education, including finance, buildings and equipment,
administration, organization of school districts, curriculum and
instruction, transportation of pupils, personnel problems, and
the interpretation of school laws and state regulations.
(2) He The superintendent shall prescribe and require the
preparation and
filing of such financial and other reports from school districts,
officers, and employees as are necessary or proper. He The
superintendent shall prescribe and require the installation by school
districts of
such standardized reporting forms and accounting procedures as
are essential to the businesslike operations of the public
schools of the state.
(3) He The superintendent shall conduct such studies and
research projects as
are necessary or desirable for the improvement of public school
education in Ohio, and such as may be assigned to him the
superintendent by the state board of education. Such studies and projects may include analysis of data contained in the education management information system established under section 3301.0714 of the Revised Code. For any study or project that requires the analysis of individual student data, the department of education or any entity with which the superintendent or department contracts to conduct the study or project shall maintain the confidentiality of student data at all times. For this purpose, the department or contracting entity shall use the data verification code assigned pursuant to division (D)(2) of section 3301.0714 of the Revised Code for each student whose data is analyzed. Except as otherwise provided in division (D)(1) of section 3301.0714 of the Revised Code, at no time shall the superintendent, the department, the state board of education, or any entity conducting a study or research project on the superintendent's behalf have access to a student's name, address, or social security number while analyzing individual student data.
(4) He The superintendent shall prepare and submit annually to
the state
board of education a report of the activities of the department
of education and the status, problems, and needs of education in
the state of Ohio.
(5) He The superintendent shall supervise all agencies over
which the board
exercises administrative control, including schools for education
of handicapped persons.
(B) The superintendent of public instruction may annually
inspect and analyze the expenditures of each school district and
make a determination as to the efficiency of each district's
costs, relative to other school districts in the state, for
instructional, administrative, and student support services. The
superintendent shall notify each school district as to the nature
of, and reasons for, his the determination. The state board of
education shall adopt rules in accordance with Chapter 119. of
the Revised Code setting forth the procedures and standards for
the performance of the inspection and analysis.
Sec. 3301.16. Pursuant to standards prescribed by
the state board of education as provided in division (D) of
section 3301.07 of the Revised Code, the state board shall
classify and charter school districts and individual schools
within each district except that no charter shall be granted to a
nonpublic school unless pursuant to division (K) of section
3301.0711 of the Revised Code the school elects to administer the
tests prescribed by division (B) of section 3301.0710 of the
Revised Code beginning July 1, 1995. The
In the course of considering the charter of a new school district created under section 3311.26 or 3311.38 of the Revised Code, the state board shall require the party proposing creation of the district to submit to the board a map, certified by the county auditor of the county in which the proposed new district is located, showing the boundaries of the proposed new district. In the case of a proposed new district located in more than one county, the map shall be certified by the county auditor of each county in which the proposed district is located.
The state board shall
revoke the charter of any school district or school which fails
to meet the standards for elementary and high schools as
prescribed by the board. The state board shall also revoke the
charter of any nonpublic school that does not comply with
section 3313.612 of the Revised Code or, on or after July 1,
1995, does not participate in the testing program prescribed by
division (B) of section 3301.0710 of the Revised Code. In
In the
issuance and revocation of school district or school charters,
the state board shall be governed by the provisions of Chapter
119. of the Revised Code.
No school district, or individual school operated by a school district, shall operate without a charter issued by the state board under this section.
In case a school district charter is revoked pursuant to
this section, the state board may dissolve the school district
and transfer its territory to one or more adjacent districts. An
equitable division of the funds, property, and indebtedness of
the school district shall be made by the state board among the
receiving districts. The board of education of a receiving
district shall accept such territory pursuant to the order of the
state board. Prior to dissolving the school district, the state
board shall notify the appropriate
educational service center governing board and
all adjacent school district boards of education of its intention
to do so. Boards so notified may make recommendations to the
state board regarding the proposed dissolution and subsequent
transfer of territory. Except as provided in section 3301.161 of
the Revised Code, the transfer ordered by the state board shall
become effective on the date specified by the state board, but
the date shall be at least thirty days following the date of
issuance of the order.
A high school is one of higher grade than an elementary
school, in which instruction and training are given in accordance
with sections 3301.07 and 3313.60 of the Revised Code and which
also offers other subjects of study more advanced than those
taught in the elementary schools and such other subjects as may
be approved by the state board of education.
An elementary school is one in which instruction and
training are given in accordance with sections 3301.07 and
3313.60 of the Revised Code and which offers such other subjects
as may be approved by the state board of education. In districts
wherein a junior high school is maintained, the elementary
schools in that district may be considered to include only the
work of the first six school years inclusive, plus the
kindergarten year.
Sec. 3301.311. (A) As used in this section, "preschool program" has the same meaning as in section 3301.52 of the Revised Code.
After June 30, 2001 (B)(1) Subject to division (B)(2) of this section, after July 1, 2005, no head start preschool program, and no early childhood education program or early learning program as defined by the department of education shall
receive any funds from the state unless fifty per cent of the staff members
employed by that program as teachers are working toward an associate degree of
a type approved by the department of education. After June 30, 2003,
no head start program shall
receive any funds from the state unless each staff member employed by that
program as a teacher is working toward an associate
degree of a type approved by the department of education.
Beginning Subject to division (B)(2) of this section, beginning in fiscal year 2008, no head start preschool program, early childhood education program, or early learning program, shall receive
any funds from the state unless every staff member employed by
that program as a teacher has attained such a degree.
(2) After July 1, 2010, no preschool program, and no early childhood education program or early learning program as defined by the department of education, shall receive any funds from the state unless fifty per cent of the staff members employed by the program as teachers have attained a bachelor's degree of a type approved by the department.
Sec. 3301.32. (A)(1) The chief administrator of any head
start agency shall request the superintendent of the bureau of
criminal identification and investigation to conduct a criminal
records check with respect to any applicant who has applied to
the
head start agency for employment as a person responsible for
the
care, custody, or control of a child. If the applicant does
not
present proof that the applicant has been a resident of this
state
for the five-year period immediately prior to the date upon
which
the criminal records check is requested or does not provide
evidence that within that five-year period the superintendent has
requested information about the applicant from the federal bureau
of investigation in a criminal records check, the chief
administrator shall request that the superintendent obtain
information from the federal bureau of investigation as a part of
the criminal records check for the applicant. If the applicant
presents proof that the applicant has been a resident of this
state for that five-year period, the chief administrator may
request that the superintendent include information from the
federal bureau of investigation in the criminal records check.
(2) Any person required by division (A)(1) of this section
to request a criminal records check shall provide to each
applicant a copy of the form prescribed pursuant to division
(C)(1) of section 109.572 of the Revised Code, provide to each
applicant a standard impression sheet to obtain fingerprint
impressions prescribed pursuant to division (C)(2) of section
109.572 of the Revised Code, obtain the completed form and
impression sheet from each applicant, and forward the completed
form and impression sheet to the superintendent of the bureau of
criminal identification and investigation at the time the chief
administrator requests a criminal records check pursuant to
division (A)(1) of this section.
(3) Any applicant who receives pursuant to division (A)(2)
of this section a copy of the form prescribed pursuant to
division
(C)(1) of section 109.572 of the Revised Code and a copy
of an
impression sheet prescribed pursuant to division (C)(2) of
that
section and who is requested to complete the form and
provide a
set of fingerprint impressions shall complete the form
or provide
all the information necessary to complete the form and
shall
provide the impression sheets with the impressions of the
applicant's
fingerprints. If an applicant, upon request, fails to
provide
the information necessary to complete the form or fails to
provide impressions of the applicant's fingerprints, the
head
start agency shall not employ that applicant for any position for
which
a criminal records check
is required by division (A)(1) of
this section.
(B)(1) Except as provided in rules adopted by the
director
of job and family
services in accordance with division (E) of
this
section, no head start agency shall employ a person as a
person
responsible for the care, custody, or control of a child
if the
person previously has been convicted of or pleaded guilty
to any
of the following:
(a) A violation of section 2903.01, 2903.02, 2903.03,
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04,
2907.05,
2907.06, 2907.07, 2907.08, 2907.09, 2907.21,
2907.22, 2907.23,
2907.25, 2907.31, 2907.32, 2907.321, 2907.322,
2907.323, 2911.01,
2911.02, 2911.11, 2911.12, 2919.12, 2919.22,
2919.24, 2919.25,
2923.12, 2923.13, 2923.161, 2925.02, 2925.03,
2925.04, 2925.05,
2925.06, or 3716.11 of the Revised Code, a violation of
section
2905.04 of the Revised Code as it existed prior to July 1, 1996, a
violation of section 2919.23 of the Revised Code that would have
been a
violation of section 2905.04 of the Revised Code as it
existed prior to July
1, 1996, had the violation occurred prior to
that date, a violation
of
section 2925.11 of the Revised Code
that
is not a minor drug possession
offense, or felonious sexual
penetration in violation of former
section 2907.12 of the Revised
Code;
(b) A violation of an existing or former law of this state,
any other
state, or the United States that is substantially
equivalent to
any of the offenses or violations described in
division (B)(1)(a)
of this section.
(2) A head start agency may employ an applicant
conditionally until the criminal records check required by this
section is completed and the agency receives the results of the
criminal records check. If the results of the criminal records
check indicate that, pursuant to division (B)(1) of this section,
the applicant does not qualify for employment, the agency shall
release the applicant from employment.
(C)(1) Each head start agency shall pay to the bureau of
criminal identification and investigation the fee prescribed
pursuant to division (C)(3) of section 109.572 of the Revised
Code
for each criminal records check conducted in accordance with
that
section upon the request pursuant to division (A)(1) of this
section of the chief administrator of the head start agency.
(2) A head start agency may charge an applicant a fee for
the costs it incurs in obtaining a criminal records check under
this section. A fee charged under this division shall not exceed
the amount of fees the agency pays under division (C)(1) of this
section. If a fee is charged under this division, the agency
shall notify the applicant at the time of the applicant's initial
application
for employment of the amount of the fee and that,
unless the fee
is paid, the head start agency will not consider
the applicant for
employment.
(D) The report of any criminal records check conducted by
the bureau of criminal identification and investigation in
accordance with section 109.572 of the Revised Code and pursuant
to a request made under division (A)(1) of this section is not a
public record for the purposes of section 149.43 of the Revised
Code and shall not be made available to any person other than the
applicant who is the subject of the criminal records check or the
applicant's
representative, the head start agency requesting the
criminal
records check or its representative, and any court,
hearing
officer, or other necessary individual involved in a case
dealing
with the denial of employment to the applicant.
(E) The director of job and
family services shall adopt
rules
pursuant to Chapter 119. of the Revised Code to implement
this
section, including rules specifying circumstances under which
a
head start agency may hire a person who has been convicted of an
offense listed in division (B)(1) of this section but who meets
standards in regard to rehabilitation set by the
director.
(F) Any person required by division (A)(1) of this section
to request a criminal records check shall inform each person, at
the time of the person's initial application for employment, that
the person is required to provide a set of impressions of the
person's
fingerprints and
that a criminal records check is
required to be conducted and
satisfactorily completed in
accordance with section 109.572 of
the Revised Code if the person
comes under final consideration for
appointment or employment as a
precondition to employment for
that position.
(G) As used in this section:
(1)
"Applicant" means a person who is under final
consideration for appointment or employment in a position with a
head start agency as a person responsible for the care, custody,
or control of a child.
(2)
"Head start agency" has the same meaning as in section
3301.31 of the Revised Code means an entity in this state that has been approved to be an agency for purposes of the "Head Start Act," 95 State 489 (1981), 42 U.S.C. 9831, as amended.
(3)
"Criminal records check" has the same meaning as in
section 109.572 of the Revised Code.
(4)
"Minor drug possession offense" has the same meaning as
in section 2925.01 of the Revised Code.
Sec. 3301.56. (A) The director of each preschool program
shall be responsible for the following:
(1) Ensuring that the health and safety of the children
are
safeguarded by an organized program of school health services
designed to identify child health problems and to coordinate
school and community health resources for children, as evidenced
by but not limited to:
(a) Requiring immunization and compliance with emergency
medical authorization requirements in accordance with rules
adopted by the state board of education under section 3301.53 of
the Revised Code;
(b) Providing procedures for emergency situations,
including
fire drills, rapid dismissals, and tornado drills in
accordance
with section 3737.73 of the Revised Code, and keeping
records of
such drills or dismissals;
(c) Posting emergency procedures in preschool rooms and
making them available to school personnel, children, and parents;
(d) Posting emergency numbers by each telephone;
(e) Supervising grounds, play areas, and other facilities
when scheduled for use by children;
(f) Providing first-aid facilities and materials.
(2) Maintaining cumulative records for each child;
(3) Supervising each child's admission, placement, and
withdrawal according to established procedures;
(4) Preparing at least once annually for each group of
children in the program a roster of names and telephone numbers
of
parents, guardians, and custodians of children in the group
and,
on request, furnishing the roster for each group to the
parents,
guardians, and custodians of children in that group.
The director
may prepare a similar roster of all children in the
program and,
on request, make it available to the parents,
guardians, and
custodians, of children in the program. The
director shall not
include in either roster the name or telephone
number of any
parent, guardian, or custodian who requests that
the parent's,
guardian's, or custodian's name or number not
be included, and
shall not furnish any roster to any person other than a
parent,
guardian, or custodian of a child in the program.
(5) Ensuring that clerical and custodial services are
provided for the program;
(6) Supervising the instructional program and the daily
operation of the program;
(7) Supervising and evaluating preschool staff members
according to a planned sequence of observations and evaluation
conferences, and supervising nonteaching employees.
(B)(1) In each program the maximum number of children per
preschool staff member and the maximum group size by age category
of children shall be as follows:
|
|
Maximum |
|
|
|
|
Group |
|
Staff Member/ |
Age Group |
|
Size |
|
Child Ratio |
Birth to less than 12 months |
|
12 |
|
1:5, or 2:12 if |
|
|
|
|
two preschool |
|
|
|
|
staff members |
|
|
|
|
are in the room |
12 months to less than 18 months |
|
12 |
|
1:6 |
18 months to less than 30 months |
|
14 |
|
1:7 |
30 months to less than 3 years |
|
16 |
|
1:8 |
3-year-olds |
|
24 |
|
1:12 |
4- and 5-year-olds not in school |
|
28 |
|
1:14 |
(2) When age groups are combined, the maximum number of
children per preschool staff member shall be determined by the
age
of the youngest child in the group, except that when no more
than
one child thirty months of age or older receives child
care in
a group in which all the other children are in the
next older age
group, the maximum number of children per
child-care staff member
and maximum group size requirements of
the older age group
established under division (B)(1) of this
section shall apply.
(3) In a room where children are napping, if all the
children are at least eighteen months of age, the maximum number
of children per preschool staff member shall, for a period not to
exceed one and one-half hours in any twenty-four hour day, be
twice the maximum number of children per preschool staff member
established under division (B)(1) of this section if all the
following criteria are met:
(a) At least one preschool staff member is present in the
room;
(b) Sufficient preschool staff members are present on the
preschool program premises to comply with division (B)(1) of this
section;
(c) Naptime preparations have been completed and the
children are resting or napping.
(4) Any accredited program that uses the Montessori method endorsed by the American Montessori society or the association Montessori internationale as its primary method of instruction and is licensed as a preschool program under section 3301.58 of the Revised Code may combine preschool children of ages three to five years old with children enrolled in kindergarten. Notwithstanding anything to the contrary in division (B)(2) of this section, when such age groups are combined, the maximum number of children per preschool staff member shall be twelve and the maximum group size shall be twenty-four children.
(C) In each building in which a preschool program is
operated there shall be on the premises, and readily available at
all times, at least one employee who has completed a course in
first aid and in the prevention, recognition, and management of
communicable diseases which is approved by the state department
of
health, and an employee who has completed a course in child
abuse
recognition and prevention.
(D) Any parent, guardian, or custodian of a child enrolled
in a preschool program shall be permitted unlimited access to the
school during its hours of operation to contact
the parent's,
guardian's, or custodian's child, evaluate the care provided by
the
program, or evaluate the premises, or for other purposes
approved by the
director. Upon entering the premises, the parent,
guardian, or custodian
shall report to the school office.
Sec. 3301.86. The OhioReads
classroom reading improvement grants program is hereby established. The
OhioReads council shall award grants under the program in
accordance with the standards it establishes under section 3301.91 of
the Revised Code. The OhioReads
office is the fiscal agent for the program and shall pay the
grants awarded by the council Under the program, the department of education shall award reading intervention grants to public schools and classrooms operated by city, local, and exempted village school districts, by community schools, and by educational service centers. The grants shall be used to fund the engagement of volunteers to assist struggling students in grades kindergarten through twelve improve their reading skills, to improve reading outcomes in low-performing schools, and to facilitate closing the achievement gap between students of different subgroups.
Sec. 3301.88. (A) A recipient of a grant under section 3301.86
or 3301.87 of the Revised Code
or an entity approved by the OhioReads council
may request from the bureau of criminal identification and investigation a
criminal records check on any
individual, other than an individual described in division (B) of
this section, who applies to participate in providing directly to children any
program or
service through an entity approved by the OhioReads council
or funded in whole or in part by the grant. If a recipient
or an entity approved by the OhioReads council
elects to request a criminal records check, the request shall consist of a
request for the information a
school district board of education may request under division
(F)(2)(a) of section 109.57 of the Revised Code
and shall be accompanied by one of the following identification options:
(1) The form and standard impression sheet prescribed by the bureau under
division (C) of section 109.572 of the Revised Code;
(2) A form prescribed by the bureau on which is specified the individual's
name, social security number, and date of birth.
(B) A grant recipient
or an entity approved by the OhioReads council
shall not request a criminal records check under division (A) of this
section with respect to any individual who furnishes the grant recipient
or an entity approved by the OhioReads council
with a certified copy of a report of a criminal records check completed by the
bureau within one year prior to
applying to participate in providing programs or services
through an entity approved by the OhioReads council
or under an OhioReads the grant.
(C) Except as provided in rules adopted under division
(G)(2) of this section, a grant recipient
or an entity approved by the OhioReads council
shall not allow an individual to participate in providing
directly to children any program or service
through an entity approved by the OhioReads council
or funded in whole or in part by the
grant if the information requested under this section from the bureau
indicates that the individual has ever pleaded
guilty to or been found guilty by a jury or court of any of the following:
(2) A violation
of section 2903.16, 2903.34, 2905.05, 2907.04, 2907.06, 2907.07,
2907.08, 2907.09, 2907.23, 2907.25, 2907.31, 2919.12, 2919.22, 2919.24,
2925.04, or 3716.11 of the Revised Code; a violation of section 2905.04
of the Revised Code
as it existed prior to July 1, 1996; or a violation of section
2919.23 of the Revised Code that would have been a violation of
section 2905.04 of the Revised Code as it existed prior to
July 1, 1996, had it been committed prior to that date;
(3) An offense of violence;
(4) A theft offense, as defined in section 2913.01 of the Revised
Code;
(5) A drug abuse offense, as defined in section 2925.01 of the
Revised Code;
(6) A violation of an existing or former ordinance of a municipal
corporation or law of the United States or another state that is
substantively comparable to an
offense listed in divisions (C)(1) to (5) of this section.
(D) A grant recipient or an entity approved by the OhioReads council
that elects to request criminal records
checks may conditionally allow an individual to participate in providing
programs or services directly to children until the criminal records
check is completed and the grant recipient
or an entity approved by the OhioReads council
receives the results. If the results of the criminal records check indicate
that the
individual has been convicted of or pleaded guilty to an offense listed in
division (C) of this section,
the grant recipient
or an entity approved by the OhioReads council
shall not allow the individual to further participate
in providing directly to children any program or service
through an entity approved by the OhioReads council
or funded in whole or in
part by the grant, except as provided in the rules adopted under division
(G)(2) of this section.
(E) The report of any criminal records check conducted in
accordance with division (F)(5) of section 109.57 of the
Revised Code pursuant to a request under this
section is not a public record for purposes of section 149.43 of the
Revised Code. The report shall not be made available to
any person other than the individual who is the subject of the criminal
records check or the individual's representative, the
grant recipient or the grant recipient's representative
or an entity approved by the OhioReads council, and any
court, hearing officer, or other necessary individual in a case
dealing with the denial of the individual's participation in a
program or service
through an entity approved by the OhioReads council
or funded by an OhioReads a grant awarded under section 3301.86 of the Revised Code.
(F) The OhioReads office department of education shall reimburse each grant recipient
or an entity approved by the OhioReads council for each
criminal records check the actual amount paid by the grant recipient
or an entity approved by the OhioReads council
for the portion of the criminal records check conducted by
the bureau of criminal identification and investigation.
Reimbursement shall be paid under this division only for criminal records
checks on individuals who apply to participate in providing directly to
children any
program or service through an entity approved by the OhioReads council
or funded in whole or in part by the grant. To receive it,
the grant recipient
or an entity approved by the OhioReads council
must submit information to the office department in the
form and manner required by the office department. The reimbursement is in
addition to the grant awarded to the recipient under section
3301.86 or 3301.87 of the Revised Code.
(G) The department state board of education shall adopt rules in accordance
with Chapter 119. of the Revised Code:
(1) Prescribing the form and manner in which grant recipients
or an entity approved by the OhioReads council
must submit information to the OhioReads office department to receive
reimbursement under division (F) of this section;
(2) Specifying circumstances under which a grant recipient
or an entity approved by the OhioReads council may allow an
individual whose criminal records check report indicates that the
individual has been convicted of or pleaded guilty to an offense listed
in division (C) of this section, but who meets standards in regard
to rehabilitation set forth in the rules, to participate in providing directly
to children any program or service
through an entity approved by the OhioReads council
or
funded in whole or in part by the grant.
Sec. 3302.03. (A)
Annually the
department
of
education
shall
report for each
school district
and each school building in a district all of the following:
(1) The extent to which the school district or building
meets each of the applicable
performance indicators
created by the
state
board of
education under
section 3302.02 of the Revised Code and
the
number of
applicable performance
indicators that have been
achieved;
(2) The performance index score of the school district or building;
(3) Whether the school district or building has made adequate yearly progress;
(4) Whether the school district or building is
excellent,
effective,
needs
continuous improvement, is
under an
academic
watch, or is in
a
state of academic emergency.
(B)(1) Except as otherwise provided in division (B)(6) of this section:
(1) A school district or building shall be declared
excellent if it fulfills one of the following requirements:
(a) It makes adequate yearly progress and either meets at least ninety-four per cent of the applicable state
performance indicators or has a performance index score established by the department.
(b) It has failed to make adequate yearly progress for not more than two consecutive years and either meets at least ninety-four per cent of the applicable state performance indicators or has a performance index score established by the department.
(2)
A school district
or building shall be declared
effective
if it fulfills one of the following requirements:
(a) It makes adequate yearly progress and either meets
at least seventy-five per cent but less than ninety-four per cent of
the
applicable
state performance
indicators or has a performance index score established by the department.
(b) It does not make adequate yearly progress and either meets at least seventy-five per cent of the applicable state performance indicators or has a performance index score established by the department, except that if it does not make adequate yearly progress for three consecutive years, it shall be declared in need of continuous improvement.
(3) A school district
or building shall be declared to be
in
need of
continuous improvement if it fulfills one of the following requirements:
(a) It makes adequate yearly progress, meets less than seventy-five per cent of the
applicable state
performance
indicators, and has a performance index score established by the department.
(b) It does not make adequate yearly progress and either meets at least fifty per cent but less than seventy-five per cent of the applicable state performance indicators or has a performance index score established by the department.
(4) A school district
or building shall be declared to be
under an
academic watch if it does not make adequate yearly progress and either meets at least thirty-one per cent but less than fifty per cent of the
applicable
state
performance
indicators or has a performance index score established by the department.
(5) A school district
or building shall be declared to be
in
a state
of academic emergency if it does not make adequate yearly progress, does not meet at least thirty-one per cent
of the
applicable state performance
indicators, and has a performance index score established by the department.
(6) When designating performance ratings for school districts and buildings under divisions (B)(1) to (5) of this section, the department shall not assign a school district or building a lower designation from its previous year's designation based solely on one subgroup not making adequate yearly progress.
(C)(1) The department shall issue annual report cards for
each school
district, each building within each district, and for
the state as a whole
reflecting performance on the
indicators
created by the state board under section 3302.02 of the
Revised
Code, the performance index score, and adequate yearly progress.
(2) The department shall include on the report card for each
district information pertaining to any change
from the previous
year made by the school district or school
buildings within the
district on any performance indicator.
(3) When reporting data on student performance, the
department shall disaggregate that data according to the following
categories:
(a) Performance of students by age group;
(b) Performance of students by race and ethnic group;
(c) Performance of students by gender;
(d) Performance of students grouped by those who have been
enrolled in a district or school for three or more years;
(e) Performance of students grouped by those who have been
enrolled in a district or school for more than one year and less
than three years;
(f) Performance of students grouped by those who have been
enrolled in a district or school for one year or less;
(g) Performance of students grouped by those who are
economically disadvantaged;
(h) Performance of students grouped by those who are enrolled
in a conversion community school established under Chapter 3314.
of the Revised Code;
(i) Performance of students grouped by those who are classified as limited English proficient;
(j) Performance of students grouped by those who have disabilities;
(k) Performance of students grouped by those who are classified as migrants;
(l) Performance of students grouped by those who are identified as gifted pursuant to Chapter 3324. of the Revised Code.
The department may disaggregate data on student performance
according to other categories that the department determines are
appropriate. To the extent possible, the department shall disaggregate data on student performance according to any combinations of two or more of the categories listed in divisions (C)(3)(a) to (l) of this section that it deems relevant.
In reporting data pursuant to division (C)(3) of this
section, the
department shall not include in the report cards any
data statistical in nature that is statistically unreliable or
that could result in the identification of individual students. For this purpose, the department shall not report student performance data for any group identified in division (C)(3) of this section that contains less than ten students.
(4) The department may include with the report cards any
additional education and fiscal
performance data
it deems
valuable.
(5) The department shall include on each report card a list
of additional information collected by the department that is
available regarding the district or building for which the report
card is issued. When available, such additional information shall
include student mobility data disaggregated by race and
socioeconomic status, college enrollment data, and the reports
prepared under section 3302.031 of the Revised Code.
The department shall maintain a site on the world wide web.
The report card shall include the address of the site and shall
specify that such additional information is available to the
public at that site. The department shall also provide a copy of
each item on the list to the superintendent of each school
district. The district superintendent shall provide a copy of any
item on the list to anyone who requests it.
(6) For This division does not apply to conversion community schools that primarily enroll students between sixteen and twenty-two years of age who dropped out of high school or are at risk of dropping out of high school due to poor attendance, disciplinary problems, or suspensions.
For any district that sponsors a conversion community
school under Chapter 3314. of the Revised Code, the department
shall combine data regarding the academic performance of students
enrolled in the community school with comparable data from the
schools of the district for the purpose of calculating the
performance of the district as a whole on the report card issued
for the district.
(7) The department shall include on each report card the percentage of teachers in the district or building who are highly qualified, as defined by the "No Child Left Behind Act of 2001," and a comparison of that percentage with the percentages of such teachers in similar districts and buildings.
(8) The department shall include on the report card the number of master teachers employed by each district and each building once the data is available from the education management information system established under section 3301.0714 of the Revised Code.
(D)(1) In calculating
reading, writing, mathematics, social
studies, or science proficiency
or achievement test
passage rates
used to determine school district or building performance under
this
section,
the department shall include all
students
taking a test with
accommodation
or to
whom an
alternate assessment is administered
pursuant to
division
(C)(1) or (3)
of section 3301.0711 of the
Revised
Code.
(2) In calculating performance index scores, rates of achievement on the performance indicators established by the state board under section 3302.02 of the Revised Code, and adequate yearly progress for school districts and buildings under this section, the department shall do all of the following:
(a) Include for each district or building only those students who are included in the ADM certified for the first full school week of October and are continuously enrolled in the district or building through the time of the spring administration of any test prescribed by section 3301.0710 of the Revised Code that is administered to the student's grade level;
(b) Include cumulative totals from both the fall and spring administrations of the third grade reading achievement test;
(c) Except as required by the "No Child Left Behind Act of 2001" for the calculation of adequate yearly progress, exclude for each district or building any limited English proficient student who has been enrolled in United States schools for less than one full school year.
Sec. 3302.10. (A) Beginning July 1, 2007, the superintendent of public instruction shall establish an academic distress commission for each school district that has been declared to be in a state of academic emergency pursuant to section 3302.03 of the Revised Code and has failed to make adequate yearly progress for four or more consecutive school years. Each commission shall assist the district for which it was established in improving the district's academic performance.
(B) Each academic distress commission shall consist of five voting members, three of whom shall be appointed by the superintendent of public instruction and two of whom shall be appointed by the president of the board of education of the applicable school district.
(C) Each academic distress commission shall seek input from the district board of education regarding ways to improve the district's academic performance, but any decision of the commission related to any authority granted to the commission under this section shall be final.
The commission may do any of the following:
(1) Appoint school building administrators and reassign administrative personnel;
(2) Terminate the contracts of administrators or administrative personnel. The commission shall not be required to comply with section 3319.16 of the Revised Code with respect to any contract terminated under this division.
(3) Contract with a private entity to perform school or district management functions;
(4) Establish a budget for the district and approve district expenditures, unless a financial planning and supervision commission has been established for the district pursuant to section 3316.05 of the Revised Code.
(D) If the board of education of a district for which an academic distress commission has been established under this section renews any collective bargaining agreement under Chapter 4117. of the Revised Code during the existence of the commission, the district board shall not enter into any agreement that would render any decision of the commission unenforceable. Section 3302.08 of the Revised Code does not apply to this division.
Notwithstanding any provision to the contrary in Chapter 4117. of the Revised Code, if the board of education has entered into a collective bargaining agreement after the effective date of this section that contains stipulations relinquishing one or more of the rights or responsibilities listed in division (C) of section 4117.08 of the Revised Code, those stipulations are not enforceable and the district board shall resume holding those rights or responsibilities as if it had not relinquished them in that agreement until such time as both the academic distress commission ceases to exist and the district board agrees to relinquish those rights or responsibilities in a new collective bargaining agreement. The provisions of this paragraph apply to a collective bargaining agreement entered into after the effective date of this section and those provisions are deemed to be part of that agreement regardless of whether the district satisfied the conditions prescribed in division (A) of this section at the time the district entered into that agreement.
(E) An academic distress commission shall cease to exist when the district for which it was established receives a performance rating under section 3302.03 of the Revised Code of in need of continuous improvement or better for two out of three school years; however, the superintendent of public instruction may dissolve the commission earlier if the superintendent determines that the district can perform adequately without the supervision of the commission.
Sec. 3310.01. As used in sections 3310.01 to 3310.17 of the Revised Code:
(A) "Chartered nonpublic school" means a nonpublic school that holds a valid charter issued by the state board of education under section 3301.16 of the Revised Code and meets the standards established for such schools in rules adopted by the state board.
(B) An "eligible student" is a student who satisfies the conditions specified in section 3310.03 of the Revised Code.
(C) "Parent" has the
same meaning as in section 3313.98 of
the
Revised
Code.
(D) "Resident district" means the school district in which a student is entitled to attend school under section 3313.64 or 3313.65 of the Revised Code.
(E) "School year" has the same meaning as in section 3313.62 of the Revised Code.
Sec. 3310.02. The educational choice scholarship pilot program is hereby established. Under the program,
the department of education annually shall pay scholarships to attend chartered nonpublic schools in accordance
with section 3310.08 of the
Revised
Code for up to the number of eligible students prescribed by the general assembly. If the number of students who apply for a scholarship exceeds the number prescribed by the general assembly, the department first shall award scholarships to eligible students who received scholarships in the prior school year, and then shall give priority to eligible students with family incomes at or below two hundred per cent of the federal poverty guidelines, as defined in section 5101.46 of the Revised Code. After awarding scholarships to previous recipients and to low-income eligible students, the department shall select students by lot to receive any remaining scholarships.
Sec. 3310.03. (A) A student is an "eligible student" for purposes of the educational choice scholarship pilot program if the student satisfies both of the following conditions:
(a) Is enrolled in a school building that is operated by the student's resident district and that the department of education declared, in the most recent rating of school buildings published prior to the first day of July of the school year for which a scholarship is sought and in the two preceding school years, to be in a state of academic emergency under section 3302.03 of the Revised Code;
(b) Is eligible to enroll in kindergarten in the school year for which a scholarship is sought and otherwise would be assigned under section 3319.01 of the Revised Code to a school building described in division (A)(1)(a) of this section;
(c) Is enrolled in a community school established under Chapter 3314. of the Revised Code but otherwise would be assigned under section 3319.01 of the Revised Code to a building described in division (A)(1)(a) of this section.
(2) The student's resident district is not a school district in which the pilot project scholarship program is operating under sections 3313.974 to 3313.979 of the Revised Code.
(B) A student who receives a scholarship under the educational choice scholarship pilot program remains an eligible student and may continue to receive scholarships in subsequent school years until the student completes grade twelve, so long as all of the following apply:
(1) The student's resident district remains the same;
(2) The student takes each state test prescribed for the student's grade level under section 3301.0710 or 3301.0712 of the Revised Code while enrolled in a chartered nonpublic school;
(3) In each school year that the student is enrolled in a chartered nonpublic school, the student is absent from school for not more than twenty days that the school is open for instruction, not including absences due to illness or injury confirmed in writing by a physician.
(C) The superintendent shall cease awarding first-time scholarships with respect to a school building that, in the most recent ratings of school buildings published under section 3302.03 of the Revised Code prior to the first day of July of the school year, ceases to be in a state of academic emergency. However, students who have received scholarships in the prior school year remain eligible students pursuant to division (B) of this section.
Sec. 3310.04. Any eligible student who is enrolled in a chartered nonpublic school and for whom a scholarship under the educational choice scholarship pilot program has been awarded shall be entitled to transportation to and from the chartered nonpublic school by the student's resident district in the manner prescribed in section 3327.01 of the Revised Code.
Sec. 3310.05. A scholarship under the educational choice scholarship pilot program is not available for any student whose resident district is a school district in which the pilot project scholarship program is operating under sections 3313.974 to 3313.979 of the Revised Code. The two pilot programs are separate and distinct. The general assembly has prescribed separate scholarship amounts for the two pilot programs in recognition of their differing eligibility criteria. The pilot project scholarship program operating under sections 3313.974 to 3313.979 of the Revised Code is a district-wide program that may award scholarships to students who do not attend district schools that face academic challenges, whereas the educational choice scholarship pilot program established under sections 3310.01 to 3310.17 of the Revised Code is limited to students of individual district school buildings that face academic challenges.
Sec. 3310.06.
It is the policy adopted by the general assembly that the educational choice scholarship pilot program shall be construed as one of several educational options available for students enrolled in academic emergency school buildings. Students may be enrolled in the schools of the student's resident district, in a community school established under Chapter 3314. of the Revised Code, in the schools of another school district pursuant to an open enrollment policy adopted under section 3313.98 of the Revised Code, in a chartered nonpublic school with or without a scholarship under the educational choice scholarship pilot program, or in other schools as the law may provide.
Sec. 3310.07. Any parent, or any student who is at least eighteen years of age, who is seeking a scholarship under
the educational choice scholarship pilot program shall notify the
department of
education
of the student's and parent's names
and address, the
chartered nonpublic school in which the student has been
accepted
for enrollment, and the tuition charged
by
the school.
Sec. 3310.08. (A) The amount paid for an eligible student under the educational choice
scholarship pilot program shall be
the lesser of
the
tuition of the chartered nonpublic school in which the
student is enrolled or the maximum amount prescribed in section 3310.09 of the Revised Code.
(B)(1) The department shall pay to the parent of each eligible student for whom a scholarship is awarded under the program, or to the student if at least eighteen years of age, periodic partial payments of the scholarship.
(2) The department shall
proportionately reduce or terminate the payments
for any student
who withdraws from a chartered nonpublic school prior to the end of the
school year.
(C)(1) The department shall deduct
from the payments made to each school
district under
Chapter 3317.
and, if necessary, sections 321.24 and 323.156 of
the
Revised
Code the amount of five thousand two hundred dollars for each eligible student awarded a scholarship under the educational choice scholarship pilot program who is entitled under section 3313.64 or 3313.65 of the Revised Code to attend school in the district. The amount deducted under this division funds scholarships for students under both the educational choice scholarship pilot program and the pilot project scholarship program under sections 3313.974 to 3313.979 of the Revised Code.
(2) If the department reduces or terminates payments to a parent or a student, as prescribed in division (B)(2) of this section, and the student re-enrolls in the schools of the student's resident district before the end of the school year, the department shall proportionally restore to the resident district the amount deducted for that student under division (C)(1) of this section.
(D) In the case of any school district from which a deduction is made under division (C) of this section, the department shall disclose on the district's SF-3 form, or any successor to that form used to calculate a district's state funding for operating expenses, a comparison of the following:
(1) The district's state base-cost payment, as calculated under division (A)(1) of section 3317.022 of the Revised Code prior to making the adjustments under divisions (A)(2) and (3) of that section, with the scholarship students included in the district's formula ADM;
(2) What the district's state base-cost payment would have been, as calculated under division (A)(1) of that section prior to making the adjustments under divisions (A)(2) and (3) of that section, if the scholarship students were not included in the district's formula ADM.
This comparison shall display both the aggregate difference between the amounts described in divisions (D)(1) and (2) of this section, and the quotient of that aggregate difference divided by the number of eligible students for whom deductions are made under division (C) of this section.
Sec. 3310.09. (A) The maximum amount awarded to an eligible student in fiscal year 2007 under the educational choice scholarship pilot program shall be as follows:
(1) For grades kindergarten through eight, four thousand two hundred fifty dollars;
(2) For grades nine through twelve, five thousand dollars.
(B) In fiscal year 2008 and in each fiscal year thereafter, the maximum amount awarded under the program shall be the applicable maximum amount awarded in the previous fiscal year increased by the same percentage by which the general assembly increased the formula amount, as defined in section 3317.02 of the Revised Code, from the previous fiscal year.
Sec. 3310.10. A scholarship awarded under section 3310.08 of the Revised Code may be used only to pay tuition to any chartered nonpublic school.
Sec. 3310.13. (A) No chartered nonpublic school shall charge any student whose family income is at or below two hundred per cent of the federal poverty guidelines, as defined in section 5101.46 of the Revised Code, a tuition fee that is greater than the total amount paid for that student under section 3310.08 of the Revised Code.
(B) A chartered nonpublic school may charge any other student who is paid a scholarship under that section the difference between the amount of the scholarship and the regular tuition charge of the school. Each chartered nonpublic school shall permit such an eligible student's family, at the family's option, to provide volunteer services in lieu of cash payment to pay all or part of the amount of the school's tuition not covered by the scholarship paid under section 3310.08 of the Revised Code.
Sec. 3310.14. Notwithstanding division (K) of section 3301.0711 of the Revised Code, each chartered nonpublic school that enrolls students awarded scholarships under sections 3310.01 to 3310.17 of the Revised Code annually shall administer the tests prescribed by section 3301.0710 or 3301.0712 of the Revised Code to each scholarship student in accordance with section 3301.0711 of the Revised Code. Each chartered nonpublic school shall report to the department of education the results of each test administered to each scholarship student under this section.
Nothing in this section requires a chartered nonpublic school to administer any achievement test, except for an Ohio graduation test prescribed by division (B) of section 3301.0710 of the Revised Code, as required by section 3313.612 of the Revised Code, to any student enrolled in the school who is not a scholarship student.
Sec. 3310.16. (A) The state board of education shall adopt rules in accordance with Chapter 119. of the Revised Code prescribing procedures for the administration of the educational choice scholarship pilot program.
(B) The state board and the department of education shall not require chartered nonpublic schools to comply with any education laws or rules or other requirements that are not specified in sections 3310.01 to 3310.17 of the Revised Code and that otherwise would not apply to a chartered nonpublic school.
Sec. 3310.17. The general assembly shall prescribe the number of students that may be selected each fiscal year for scholarships under the educational choice scholarship pilot program.
Sec. 3311.11. If the state board of education adopts a resolution under this chapter proposing the creation of a new city or local school district that was not in operation during the 2004-2005 school year, the district shall not be created unless both houses of the general assembly approve the creation of the district through passage of a concurrent resolution.
Sec. 3311.19. (A) The management and control of a joint
vocational school district shall be vested in the joint
vocational
school district board of education. Where a joint
vocational
school district is composed only of two or more local
school
districts located in one county, or when all the
participating
districts are in one county and the boards of such
participating
districts so choose, the educational
service center governing
board
of the county in which the joint vocational school district
is
located shall serve as the joint vocational school district
board
of education. Where a joint vocational school district is
composed of local school districts of more than one county, or of
any combination of city, local, or exempted village
school
districts or educational service centers, unless administration by
the
educational service center governing board has been chosen by
all the
participating districts in
one county pursuant to this
section, the board of education of
the joint vocational school
district shall be composed of one or
more persons who are members
of the boards of education from each
of the city or exempted
village school districts or
members of the educational service
centers' governing boards
affected to be appointed by the boards
of education or governing boards of
such
school districts and
educational service centers. In such joint vocational
school
districts the
number and terms of members of the joint vocational
school
district board of education and the allocation of a given
number
of members to each of the city and exempted village
districts and educational service centers shall be determined in
the plan for
such district,
provided that each such joint
vocational school district board of
education shall be composed of
an odd number of members.
(B) Notwithstanding division (A) of this section, a
governing
board of an educational service center that has members
of
its
governing board serving on a
joint vocational school
district board of education may make a
request to the joint
vocational district board that the joint
vocational school
district plan be revised to provide for one or
more members of
boards of education of local school districts
that are within the
territory of the educational
service district and within the joint
vocational school district to serve in the place of or in
addition
to its educational service center governing board members. If
agreement
is obtained among a majority of the boards of education
and governing boards
that have
a member serving on the joint
vocational school district board of
education and among a majority
of the local school district
boards of education included in the
district and located within
the territory of the educational
service center
whose board requests the substitution
or addition,
the state board of education may revise the joint
vocational
school district plan to conform with such agreement.
(C) If the board of education of any school district
or
educational service center governing board included within a joint
vocational district that has had its
board or governing board
membership revised under division (B) of this section
requests the
joint vocational school district board to submit to
the state
board of education a revised plan under which one or
more joint
vocational board members chosen in accordance with a
plan revised
under such division would again be chosen in the
manner prescribed
by division (A) of this section, the joint
vocational board shall
submit the revised plan to the state board
of education, provided
the plan is agreed to by a majority of the
boards of education
represented on the joint vocational board, a
majority of the local
school district boards included within the
joint vocational
district, and each educational service center
governing board
affected by such plan. The state board of education may revise
the joint vocational school district plan to conform with the
revised plan.
(D) The vocational schools in such joint vocational school
district shall be available to all youth of school age within the
joint vocational school district subject to the rules adopted by
the joint vocational school district board of education in regard
to the standards requisite to admission. A joint vocational
school district board of education shall have the same powers,
duties, and authority for the management and operation of such
joint vocational school district as is granted by law, except by
this chapter and Chapters 124., 3317., 3323., and 3331. of the
Revised Code, to a board of education of a city school district,
and shall be subject to all the provisions of law that apply to a
city school district, except such provisions in this chapter and
Chapters 124., 3317., 3323., and 3331. of the Revised Code.
(E) Where a governing board of an educational
service center
has been designated
to serve as the joint vocational school
district board of
education, the educational service center
superintendent shall be the
executive officer for the joint
vocational school district, and
the governing board may provide
for additional compensation to be paid to
the educational service
center superintendent by the joint
vocational school district, but
the educational service
center
superintendent shall have no
continuing tenure other than that of educational service center
superintendent. The
superintendent of schools of a joint
vocational school district
shall exercise the duties and authority
vested by law in a
superintendent of schools pertaining to the
operation of a school
district and the employment and supervision
of its personnel. The joint
vocational school district board of
education shall
appoint a treasurer of the joint vocational school
district who
shall be the fiscal officer for such district and who
shall have
all the powers, duties, and authority vested by law in
a
treasurer of a board of education. Where a governing board of
an educational service center has been designated to serve as
the
joint vocational
school district board of education, such board
may appoint the
educational service center superintendent as
the
treasurer of the joint
vocational school district.
(F) Each member of a joint vocational school district
board
of education may be paid such compensation as the board
provides
by resolution, but it shall not exceed
one hundred
twenty-five
dollars
per member for each meeting attended plus
mileage, at the
rate per mile
provided by resolution of the board,
to and from
meetings of the board.
The board may provide by resolution for the deduction of
amounts payable for benefits under division (D) of section
3313.202 of the Revised Code. No member of a board of a joint
vocational school district who is purchasing any category of
benefits under such section offered by a city, local, or exempted
village school board or educational service center governing
board,
shall purchase the same category of benefits as a member of
the
joint vocational school board.
Each member of a joint vocational school district board may
be paid such compensation as the board provides by resolution for
attendance at
an approved training program, provided that such
compensation
shall not exceed sixty dollars per day for attendance
at a
training program three hours or fewer in length and one
hundred
twenty-five dollars a day for attendance at a training
program
longer than three hours in length. However, no board
member shall
be compensated for the same training program under
this section
and section 3313.12 of the Revised Code.
Sec. 3313.12. Each member of the educational service center
governing board
may be paid such compensation as the governing
board provides by
resolution, provided that any such compensation
shall not exceed
one hundred twenty-five dollars a day plus
mileage both ways, at the rate per mile
provided by resolution of
the governing board,
for attendance
at any
meeting of the board.
Such
compensation and the expenses of the
educational
service
center
superintendent, itemized and
verified, shall be
paid from
the
educational service center governing board fund upon
vouchers
signed by
the
president of the governing board.
The board of education of any city, local, or exempted
village school district
may provide by resolution for compensation
of its
members, provided that such compensation shall not exceed
one hundred twenty-five
dollars per member for meetings
attended.
The board may provide by resolution for the deduction of
amounts
payable for benefits under division (D) of section
3313.202 of the
Revised Code.
Each member of a district board or educational service center
governing board may be paid such compensation as the respective
board provides by resolution for attendance at an approved
training
program, provided that such compensation shall not exceed
sixty
dollars a day for attendance at a training program three
hours or
fewer in length and one hundred twenty-five dollars a day
for
attendance at a training program longer than three hours in
length.
Sec. 3313.202. (A) The board of education of a school
district may procure and pay all or part of the cost of group
term life, hospitalization, surgical care, or major medical
insurance, disability, dental care, vision care, medical care,
hearing aids, prescription drugs, sickness and accident
insurance, group legal services, or a combination of any of the
foregoing types of insurance or coverage, whether issued by an
insurance company or a health
insuring
corporation duly licensed by this state, covering the teaching
or nonteaching employees of the school district, or a combination
of both, or the dependent children and spouses of such employees,
provided if such coverage affects only the teaching employees of
the district such coverage shall be with the consent of a
majority of such employees of the school district, or if such
coverage affects only the nonteaching employees of the district
such coverage shall be with the consent of a majority of such
employees. If such coverage is proposed to cover all the
employees of a school district, both teaching and nonteaching
employees, such coverage shall be with the consent of a majority
of all the employees of a school district. A board of education
shall continue to carry, on payroll records, all school employees
whose sick leave accumulation has expired, or who are on a
disability leave of absence or an approved leave of absence, for
the purpose of group term life, hospitalization, surgical, major
medical, or any other insurance. A board of education may pay
all or part of such coverage except when such employees are on an
approved leave of absence, or on a disability leave of absence
for that period exceeding two years. As used in this section,
"teaching employees" means any person employed in the public
schools of this state in a position for which the person is required to
have a certificate or license pursuant to sections 3319.22 to 3319.31 of the
Revised Code. "Nonteaching employees" as used in this section
means any person employed in the public schools of the state in a
position for which the person is not required to have a
certificate or license issued pursuant to sections 3319.22 to 3319.31 of the
Revised Code.
(B) The board of education of a school district may enter
into an agreement with a jointly administered trust fund which
receives contributions pursuant to a collective bargaining
agreement entered into between the board and any collective
bargaining representative of the employees of the board for the
purpose of providing for self-insurance of all risk in the
provision of fringe benefits similar to those that may be paid
pursuant to division (A) of this section, and may provide through
the self-insurance method specific fringe benefits as authorized
by the rules of the board of trustees of the jointly administered
trust fund. Benefits provided under this section include, but
are not limited to, hospitalization, surgical care, major medical
care, disability, dental care, vision care, medical care, hearing
aids, prescription drugs, group life insurance, sickness and
accident insurance, group legal services, or a combination of the
above benefits, for the employees and their dependents.
(C) Notwithstanding any other provision of the Revised
Code, the board of education and any collective bargaining
representative of employees of the board may agree in a
collective bargaining agreement that any mutually agreed fringe
benefit, including, but not limited to, hospitalization, surgical
care, major medical care, disability, dental care, vision care,
medical care, hearing aids, prescription drugs, group life
insurance, sickness and accident insurance, group legal services,
or a combination thereof, for employees and their dependents be
provided through a mutually agreed upon contribution to a jointly
administered trust fund. The amount, type, and structure of
fringe benefits provided under this division are subject to the
determination of the board of trustees of the jointly
administered trust fund. Notwithstanding any other provision of
the Revised Code, competitive bidding does not apply to the
purchase of fringe benefits for employees under this division
through a jointly administered trust fund.
(D) Any elected or appointed member of the board of
education of a school district and the dependent children and spouse of the member may
be covered, at the option of the member, as an employee of the
school district under any benefit medical plan adopted designed by the school employees health care board under this
section 9.901 of the Revised Code. The member shall pay to the school district the amount
certified all premiums for that coverage under division (D)(1) or (2) of this
section. Payments for such coverage shall be made, in advance,
in a manner prescribed by the school employees health care board. The member's exercise of an
option to be covered under this section shall be in writing,
announced at a regular public meeting of the board of education, and recorded
as a public record in the minutes of the board.
For the purposes of determining the cost to board members
under this division:
(1) In the case of a benefit plan purchased under division
(A) of this section, the provider of the benefits shall certify
to the board the provider's charge for coverage under each option
available to employees under that benefit plan;
(2) In the case of benefits provided under division (B) or
(C) of this section, the board of trustees of the jointly
administered trust fund shall certify to the board of education
the trustees' charge for coverage under each option available to
employees under each benefit plan.
(E) The board may provide the benefits described in this
section through an individual self-insurance program or a joint
self-insurance program as provided in section 9.833 of the
Revised Code.
Sec. 3313.207. As used in sections 3313.207 to 3313.209 of
the Revised Code:
(A) "Children" means children who are enrolled in
kindergarten or who are of compulsory school age.
(B) "Latchkey program" means a program under which
children are provided with child care during a fiscal year at any
time outside of regular school hours. A program that contains
any religious content, that uses any religious materials, or that
in any way promotes or furthers any religious beliefs is not a
latchkey program.
(C) "School district" means a city, local, or exempted
village school district.
(D) "Program provider" means any agency, organization, or
individual, licensed under Chapter 5104. of the Revised Code or
exempted from the licensing requirements of that chapter.
(E)(D) "Ancillary services" means any of the following:
(1) Space in a building that is owned or controlled by a
school district and that is used for other school district
purposes in addition to latchkey programs;
(2) Utilities furnished in conjunction with such space;
(3) Transportation to a latchkey program on regular school
buses.
Sec. 3313.208. A board of education of a school district or the governing board of an educational service center may assess the need
for latchkey programs in its district or territory and determine the best and
most efficient manner of providing latchkey programs to children
residing in the district or territory. Prior to operating any latchkey
program, making any payments, or providing any employees or
ancillary services under sections 3313.207 to 3313.209 of the
Revised Code, a board of education shall provide notification to
parents and other interested parties that the board is
considering district participation in the provision of latchkey
programs and shall adopt a policy ensuring public input on the
board's decision whether or not to participate, as well as any
decisions concerning the district's or service center's role in the implementation
and funding of any latchkey programs if the board does decide to
participate. The policy shall also include provision for
regular, periodic public input in the evaluation of any school
district or service center participation in the provision of latchkey programs.
A board of education may operate provide a latchkey program,
subject to the following limitations:
(A) The program shall be maintained and operated and
pupils shall be admitted pursuant to rules adopted by the board;
(B) Fees or tuition, in amounts determined by the board,
may be charged for participation in the program and shall be
deposited in a special fund;
(C) The board shall not expend any money from the general
fund of the district for the program, except as follows:
(1) The board may expend any money in the district's
general fund resulting from an appropriation of the general
assembly that specifically permits the expenditure of such
appropriated funds for such a program.
(2) The board may provide ancillary services for the
program notwithstanding the fact that some portions of such
services may be supported by money from the district's general
fund.
Sec. 3313.209. (A) A board of education of a school
district that does not operate provide a latchkey program may provide
ancillary services to and may make payments to any program
provider that operates a latchkey program that enrolls one or
more children who are residents of the school district.
(B) A board of education of a school district that does
not operate provide a latchkey program and that does not make payments
under division (A) of this section may furnish to any person or
entity that operates a latchkey program ancillary services or
employees for use solely in conjunction with the program's
operation.
(C) No board of education shall expend any money from the
general fund of the district pursuant to division (A) or (B) of
this section, except as follows:
(1) The board may expend any money in the district's
general fund resulting from an approrpriation of
the general
assembly that specifically permits the expenditure of such
appropriated funds for latchkey programs.
(2) The board may provide ancillary services pursuant to
division (A) or (B) of this section notwithstanding the fact that
some portion of such services may be supported by money from the
district's general fund.
(D) A board of education shall enter into a contract with
a program provider as a condition for making any payments or
furnishing any ancillary services or employees authorized by
division (A) or (B) of this section.
Sec. 3313.33. (A) Conveyances made by a board of education
shall be executed by the president and treasurer thereof.
(B) Except as provided in division (C) of this section, no member of the board shall have, directly or indirectly, any
pecuniary interest in any contract of the board or be employed in
any manner for compensation by the board of which the person
is a member. No contract shall be binding upon any board unless it is made or
authorized at a regular or special meeting of such board.
(C) A member of the board may have a pecuniary interest in a contract of the board if all of the following apply:
(1) The member's pecuniary interest in that contract is that the member is employed by a political subdivision, instrumentality, or agency of the state that is contracting with the board;
(2) The member does not participate in any discussion or debate regarding the contract or vote on the contract;
(3) The member files with the school district treasurer an affidavit stating the member's exact employment status with the political subdivision, instrumentality, or agency contracting with the board.
(D) This section does not apply where a member of the board,
being a shareholder of a corporation but not being an officer or
director thereof, owns not in excess of five per cent of the
stock of such corporation. If a stockholder desires to avail
self of the exception, before entering upon such
contract such person shall first file with the treasurer an affidavit stating
the stockholder's exact status and connection with said
corporation.
This section does not apply where a member of the board
elects to be covered by a benefit medical plan of the school district
under division (D) of section 3313.202 of the Revised Code.
Sec. 3313.489. (A) The superintendent of public
instruction shall examine each spending plan and appropriations
measure five-year projection of revenues and expenditures submitted under section 5705.391 of the Revised Code and
shall determine whether the information contained therein,
together with any other relevant information, indicates that the
district may be financially unable to operate its instructional
program on all days set forth in its adopted school calendars and
pay all obligated expenses during the current fiscal year. If a
board of education has not adopted a school calendar for the
school year beginning on the first day of July of the current
fiscal year at the time an examination is required under this
division, the superintendent shall examine the spending plan and
appropriations measure five-year projection and determine whether the district may be
financially unable to pay all obligated expenses and operate its
instructional program for the number of days on which instruction
was held in the preceding fiscal year.
(B) If the superintendent of public instruction determines
pursuant to division (A) of this section that a school
district may be financially unable to operate its instructional
program on all days required by such division and pay all
obligated expenses during the current fiscal year, the
superintendent shall provide written notification of such
determination to the president of the district's board of
education and the auditor of state.
(C) This section does not apply to a school district
declared to be under a fiscal emergency pursuant to division (B) of section
3316.03 of the Revised Code.
Sec. 3313.6410. This section applies to any school that is operated by a school district and in which the enrolled students work primarily on assignments in nonclassroom-based learning opportunities provided via an internet- or other computer-based instructional method.
(A) Any school to which this section applies shall withdraw from the school any student who, for two consecutive school years, has failed to participate in the spring administration of any test prescribed under section 3301.0710 or 3301.0712 of the Revised Code for the student's grade level and was not excused from the test pursuant to division (C)(1) or (3) of section 3301.0711 of the Revised Code. The school shall report any such student's data verification code, as assigned pursuant to section 3301.0714 of the Revised Code, to the department of education to be added to the list maintained by the department under section 3314.26 of the Revised Code.
(B) No school to which this section applies shall receive any state funds under Chapter 3317. of the Revised Code for any enrolled student whose data verification code appears on the list maintained by the department under section 3314.26 of the Revised Code. Notwithstanding any provision of the Revised Code to the contrary, the parent of any such student shall pay tuition to the school district that operates the school in an amount equal to the state funds the district otherwise would receive for that student, as determined by the department. A school to which this section applies may withdraw any student for whom the parent does not pay tuition as required by this division.
Sec. 3313.975. As used in this section and in sections
3313.975 to 3313.979 of the Revised Code, "the pilot project
school district"
or "the
district" means any school district included in the pilot project scholarship
program pursuant to this section.
(A) The superintendent of public instruction
shall establish a pilot project
scholarship program and shall include in such program any
school districts that are or have ever been under federal
court order requiring supervision and
operational management of the district by the state superintendent. The
program shall provide for a number of students
residing in any such district to receive scholarships to attend
alternative schools, and for an equal number of students to
receive tutorial assistance grants while attending public school
in any such district.
(B) The state superintendent shall establish an application
process and deadline for accepting applications from students residing in
the district to participate in the scholarship program. In the
initial year of the program students may only use a scholarship
to attend school in grades kindergarten through third.
The state superintendent shall award as many scholarships and tutorial
assistance grants as can be funded given the amount appropriated
for the program. In no case, however, shall more than fifty per
cent of all scholarships awarded be used by students who were
enrolled in a nonpublic school during the school year of
application for a scholarship.
(C)(1) The pilot project program shall
continue in
effect each year that the general assembly has appropriated
sufficient money to fund scholarships and tutorial assistance
grants. In each year the program continues, no new students may
receive scholarships unless they are enrolled in grade grades
kindergarten, one, two, or three to eight. However, any student who
has
received a scholarship the preceding year may continue to receive
one until the student has completed grade eight ten. Beginning in the 2003-2004 2005-2006 academic year, a student who previously has received a scholarship may receive a scholarship in grade nine eleven. Beginning in the 2004-2005 2006-2007 academic year, a student who previously has received a scholarship may receive a scholarship in grade ten twelve.
(2) If the general assembly discontinues the scholarship
program, all students who are attending an alternative school
under the pilot project shall be
entitled to continued admittance to that specific school through
all grades up to the tenth grade that are provided in
such school, under the same conditions
as when they were participating in the pilot project. The
state superintendent shall continue to make scholarship payments in
accordance with division
(A) or (B) of section 3313.979 of the
Revised Code for students who remain enrolled
in an alternative school under this provision in any year that
funds have been appropriated for this purpose.
If funds are not appropriated, the tuition charged to the parents
of a student who remains enrolled
in an alternative school under this provision shall not be
increased beyond the amount equal to the amount of the
scholarship plus any additional amount charged that student's parent in the
most recent year of attendance as a
participant in the pilot project, except that tuition for all the
students enrolled in such school may be increased by the same
percentage.
(D) Notwithstanding sections 124.39, 3307.54,
and 3319.17 of the Revised Code, if the pilot
project school district experiences a decrease in enrollment due
to participation in a state-sponsored
scholarship program pursuant to sections 3313.974 to 3313.979 of
the Revised Code, the district board of education may
enter into an agreement with any teacher it employs to provide to
that teacher severance pay or early retirement incentives, or
both, if the teacher agrees to terminate the employment contract
with the district board, provided any collective bargaining
agreement in force pursuant to Chapter 4117. of the
Revised Code does not prohibit such an agreement
for termination of a teacher's employment contract.
Sec. 3313.976. (A) No private school may
receive scholarship payments from parents pursuant to section
3313.979 of the Revised Code until the chief
administrator of the private school registers the school with the
superintendent of public instruction. The state superintendent shall register
any school that meets the following requirements:
(1) The school is located within the boundaries of the
pilot project school district;
(2) The school indicates in writing its commitment to
follow all requirements for a state-sponsored scholarship program
specified
under
sections 3313.974 to 3313.979 of the Revised
Code, including, but not limited to, the requirements
for
admitting students pursuant to section 3313.977 of the Revised
Code;
(3) The school meets all state minimum standards for
chartered nonpublic schools in effect on July 1, 1992,
except that the state superintendent at the superintendent's discretion may
register
nonchartered
nonpublic schools
meeting the other requirements of this division;
(4) The school does not discriminate on the basis of
race, religion, or ethnic background;
(5) The school enrolls a minimum of ten students per
class or a sum of at least twenty-five students in all the
classes offered;
(6) The school does not advocate or foster unlawful
behavior or teach hatred of any person or group on the basis of
race, ethnicity, national origin, or religion;
(7) The school does not provide false or misleading
information about the school to parents, students, or the general
public;
(8) For students in grades kindergarten through eight, the school agrees not to charge any tuition to
low-income families receiving ninety per cent of the scholarship amount through the scholarship program, pursuant to division (A) of section 3313.978 of the Revised Code, in
excess of ten per
cent of the scholarship amount established pursuant to division
(C)(1) of section 3313.978 of the Revised
Code, excluding any increase described in division
(C)(2) of that section. The
school shall permit any such tuition, at the discretion of the
parent, to be satisfied by the low-income family's provision of
in-kind contributions or services.
(9) For students in grades kindergarten through eight, the school agrees not to charge any tuition to low-income families receiving a seventy-five per cent scholarship amount through the scholarship program, pursuant to division (A) of section 3313.978 of the Revised Code, in excess of the difference between the actual tuition charge of the school and seventy-five per cent of the scholarship amount established pursuant to division (C)(1) of section 3313.978 of the Revised Code, excluding any increase described in division (C)(2) of that section. The school shall permit such tuition, at the discretion of the parent, to be satisfied by the low-income family's provision of in-kind contributions or services.
(10) The school agrees not to charge any tuition to families of students in grades nine and ten through twelve receiving a scholarship in excess of the actual tuition charge of the school less seventy-five or ninety per cent of the scholarship amount established pursuant to division (C)(1) of section 3313.978 of the Revised Code, as applicable, excluding any increase described in division (C)(2) of that section.
(B) The state superintendent shall revoke
the registration of any school if, after a hearing, the superintendent
determines
that the school is in violation of any of the provisions of
division (A) of this section.
(C) Any public school located in a school district
adjacent to
the pilot project district may receive scholarship payments on
behalf of parents pursuant to
section 3313.979 of the Revised Code if the
superintendent of the district in which such public school is
located notifies the state superintendent prior to the first day of
March that the district
intends to admit students from the pilot project district
for the ensuing school year pursuant to section 3327.06 of the
Revised
Code.
(D) Any parent wishing to purchase tutorial
assistance from any person or governmental entity pursuant to the
pilot project program under sections 3313.974 to
3313.979 of the Revised Code shall apply to the
state superintendent. The state superintendent shall approve
providers who appear to possess the capability of furnishing the
instructional services they are offering to provide.
Sec. 3313.977. (A)(1) Each registered private
school shall admit students to kindergarten and first, second, and third
grades in accordance with the following priorities:
(a) Students who were enrolled in the school during the
preceding year;
(b) Siblings of students enrolled in the school during
the preceding year, at the discretion of the school;
(c) Children from low-income families attending school
or residing in the school district in which the school is located
until the number of such students in each grade equals the number that
constituted twenty per
cent of the total number of students enrolled in the school
during the preceding year in such grade. Admission of such
twenty per cent shall be by lot from among all low-income family
applicants who apply prior to the fifteenth day of February
prior to admission.
(d) All other applicants residing anywhere, provided
that all remaining available spaces shall be filled from among
such applicants by lot.
Children from low-income families not selected by lot
under division (A)(1)(c) of this section shall be
included
in the lottery of all remaining applicants pursuant to division
(A)(1)(d) of this section.
(2) Each registered private school shall first admit to grades four
through ten twelve students who were enrolled in the school during the preceding
year. Any remaining spaces for students in these grades may be filled as
determined by the school.
(B) Notwithstanding division (A) of
this section, except where otherwise prohibited by federal law, a
registered private school may elect to admit students of only one gender
and may deny admission to any separately educated handicapped
student.
(C) If a scholarship student who has been accepted in accordance
with this section fails to enroll in the school for any reason or
withdraws from the school during the school year for any reason,
the school may elect to replace such student with another scholarship student
only by first
offering the admission to any low-income scholarship students who filed
applications
by the preceding fifteenth day of February and who were not
accepted at that time due to space limitations.
Sec. 3313.978. (A) Annually by the first day of
November,
the superintendent of public instruction shall notify the
pilot
project school district of the number of initial
scholarships that
the state superintendent will be awarding in
each of grades
kindergarten through third eight.
The state superintendent shall provide information about the
scholarship program
to all students residing in the district,
shall accept
applications from any
such students until such date
as shall be established by the
state superintendent as a
deadline
for applications, and shall establish criteria for the selection
of
students to receive
scholarships from among all those applying
prior to the
deadline, which criteria shall give preference to
students from
low-income families. For each student selected, the
state superintendent
shall also determine whether the student
qualifies for seventy-five or ninety
per cent of the scholarship
amount. Students whose family income is at or
above two hundred
per cent of the maximum income level established by the
state
superintendent for low-income families shall qualify for
seventy-five
per cent of
the scholarship amount and students whose
family income is below two hundred
per cent of that maximum income
level shall qualify for ninety per cent of the
scholarship amount.
The state superintendent shall notify
students of their selection
prior to the fifteenth day of January and
whether they qualify for
seventy-five or ninety per cent of the scholarship
amount.
(1) A student receiving a pilot project scholarship may
utilize it at an alternative
public school by notifying the
district superintendent, at any time before the beginning of the
school year,
of the name of the public school in an adjacent
school district
to which the student has been
accepted pursuant to
section 3327.06 of the Revised
Code.
(2) A student may decide to utilize a pilot project
scholarship at
a registered private school in the district if all
of the
following conditions are met:
(a) By the fifteenth day of February of the
preceding school
year, or at any time prior to the start of the
school year, the
parent makes an application on behalf of the
student to a
registered private school.
(b) The registered private school notifies the
parent and
the state superintendent as follows that the
student has been
admitted:
(i) By the fifteenth day of March of
the preceding school
year if the student filed an application by the
fifteenth day of
February and was admitted by the school
pursuant to division (A)
of section 3313.977 of the
Revised Code;
(ii) Within one week of the decision to admit
the student if
the student is admitted pursuant to division
(C) of section
3313.977 of the
Revised Code.
(c) The student actually enrolls in the
registered private
school to which the student was first admitted or in
another
registered private school in the district or in a public school
in
an adjacent school district.
(B) The state superintendent shall also award in
any school
year tutorial assistance grants to a number of
students
equal to
the number of students who receive scholarships under
division (A)
of this section. Tutorial assistance
grants shall be awarded
solely to students who are enrolled
in the public schools of the
district in a grade level covered by
the
pilot project. Tutorial
assistance
grants may be used solely to obtain
tutorial assistance
from a provider approved pursuant to division
(D) of section
3313.976 of the Revised
Code.
All students wishing to obtain tutorial assistance grants
shall make application to the state superintendent by the
first
day of
the school year in which the
assistance will be used. The
state superintendent shall
award assistance grants in accordance
with criteria the superintendent shall
establish. For each
student awarded a grant, the state superintendent shall
also
determine whether the student qualifies for seventy-five
or ninety
per cent of the grant amount and so notify the student. Students
whose family income is at or above two hundred per cent of the
maximum income
level established by the state superintendent for
low-income families shall
qualify for
seventy-five per cent of the
grant amount and students whose family income is
below two hundred
per cent of that maximum income level shall qualify for
ninety per
cent of the grant amount.
(C)(1) In the case of basic scholarships for students in grades kindergarten through eight, the
scholarship
amount shall not exceed the lesser of the tuition
charges of the
alternative school the scholarship recipient
attends or an amount
established by the state superintendent not in excess
of
three thousand dollars before fiscal year 2007 and three thousand four hundred fifty dollars in fiscal year 2007 and thereafter.
In the case of basic scholarships for students in grades nine and ten through twelve, the scholarship amount shall not exceed the lesser of the tuition charges of the alternative school the scholarship recipient attends or an amount established by the state superintendent not in excess of two thousand seven hundred dollars before fiscal year 2007 and three thousand four hundred fifty dollars in fiscal year 2007 and thereafter.
(2) The state superintendent shall provide for an increase
in the basic
scholarship amount in the case of any student who is
a
mainstreamed handicapped student and shall further increase such
amount in the case of any separately educated handicapped child.
Such increases shall take into account the instruction, related
services, and transportation costs of educating such students.
(3) In the case of tutorial
assistance grants, the grant
amount shall not exceed the
lesser of the provider's actual
charges for such assistance or a:
(a) Before fiscal year 2007, a
percentage established by the
state superintendent, not to exceed twenty
per cent, of the amount
of the pilot project school district's
average basic scholarship
amount;
(b) In fiscal year 2007 and thereafter, four hundred dollars.
(4) No scholarship or tutorial assistance grant shall be
awarded unless the state superintendent determines that
twenty-five or ten per cent, as applicable, of the amount
specified for such
scholarship or grant pursuant to division
(C)(1), (2), or (3) of this
section will be furnished by a
political subdivision, a private
nonprofit or for profit entity,
or another person. Only
seventy-five or ninety per cent of such
amounts, as applicable, shall be paid
from state funds pursuant to
section 3313.979 of the Revised
Code.
(D)(1) Annually by the first day of
November, the state
superintendent shall estimate the maximum
per-pupil
scholarship
amounts for the ensuing school year. The state
superintendent
shall make this estimate available to the
general
public at the
offices of the district board of education together
with the
forms
required by division (D)(2) of this section.
(2) Annually by the fifteenth day of
January, the chief
administrator of each registered
private school located in the
pilot project district and the
principal of each public school in
such
district shall complete a parental information form and
forward
it to the president of the board of education. The
parental
information form shall be prescribed by the department of
education and shall provide information about the grade levels
offered, the numbers of students, tuition amounts,
achievement
test results, and any sectarian or other
organizational
affiliations.
Sec. 3313.98. Notwithstanding division (D) of section
3311.19 and division (D) of section 3311.52 of the Revised Code,
the provisions of this section and sections 3313.981 to 3313.983
of the Revised Code that apply to a city school district do not
apply to a joint vocational or cooperative education school
district unless expressly specified.
(A) As used in this section and sections 3313.981 to
3313.983 of the Revised Code:
(1) "Parent" means either of the natural or adoptive
parents of a student, except under the following conditions:
(a) When the marriage of the natural or adoptive parents
of the student has been terminated by a divorce, dissolution of
marriage, or annulment or the natural or adoptive parents of the
student are living separate and apart under a legal separation
decree and the court has issued an order allocating the parental
rights and responsibilities with respect to the student, "parent"
means the residential parent as designated by the court except
that "parent" means either parent when the court issues a shared
parenting decree.
(b) When a court has granted temporary or permanent
custody of the student to an individual or agency other than
either of the natural or adoptive parents of the student,
"parent" means the legal custodian of the child.
(c) When a court has appointed a guardian for the student,
"parent" means the guardian of the student.
(2) "Native student" means a student entitled under
section 3313.64 or 3313.65 of the Revised Code to attend school
in a district adopting a resolution under this section.
(3) "Adjacent district" means a city, exempted village,
or local school district having territory that abuts the
territory of a district adopting a resolution under this section.
(4) "Adjacent district student" means a student entitled
under section 3313.64 or 3313.65 of the Revised Code to attend
school in an adjacent district.
(5) "Adjacent district joint vocational student" means
an adjacent district student who enrolls in a city, exempted
village, or local school district pursuant to this section and
who also enrolls in a joint vocational school district that does
not contain the territory of the district for which that student
is a native student and does contain the territory of the city,
exempted village, or local district in which the student enrolls.
(6) "Formula amount" has the same meaning as in section 3317.02
of the Revised Code.
(7) "Adjusted formula amount" means the greater of the following:
(a) The fiscal year 2005 formula
amount multiplied by the fiscal year 2005
cost-of-doing-business factor for a
district defined in the version of section 3317.02 of the
Revised Code in effect that year;
(b) The sum of (the current formula amount times the current cost-of-doing-business factor as defined in section 3317.02 of the Revised Code) plus the per pupil amount of the base funding supplements specified in divisions (C)(1) to (4) of section 3317.012 of the Revised Code.
(8) "Poverty line" means the poverty line established by
the director of the United States office of management and budget
as revised by the director of the office of community services in
accordance with section 673(2) of the "Community Services Block
Grant Act," 95 Stat. 1609, 42 U.S.C.A. 9902, as amended.
(9) "IEP" means an individualized education
program
defined by division (E) of section 3323.01 of the Revised Code.
(10) "Other district" means a city,
exempted village, or local school district having territory
outside of the territory of a district adopting a resolution
under this section.
(11) "Other district student" means a student entitled
under section 3313.64 or 3313.65 of the Revised Code to attend school in an
other district.
(12) "Other district joint vocational student" means a
student who is enrolled in any city, exempted village, or local
school district and who also enrolls in a joint vocational
school district that does not contain the territory of the
district for which that student is a native student in
accordance with a policy adopted under section 3313.983 of the
Revised Code.
(B)(1) The board of education of each city, local, and
exempted village school district shall adopt a resolution
establishing for the school district one of the following policies:
(a) A policy that entirely
prohibits the enrollment of students from adjacent districts or
other districts, other than students for whom
tuition is
paid in accordance with section 3317.08 of the Revised Code;
(b) A policy that permits
enrollment of students from all adjacent
districts in accordance with policy statements contained in
the resolution;
(c) A policy that permits enrollment of
students from all other districts in accordance with policy
statements contained in the resolution.
(2) A policy permitting enrollment of students from adjacent
or from other districts, as applicable, shall
provide for all of the following:
(a) Application procedures, including deadlines for
application and for notification of students and the
superintendent of
the applicable district whenever an adjacent or other
district student's application is
approved.
(b) Procedures for admitting adjacent or other district applicants free of
any tuition obligation to the district's schools,
including, but not limited to:
(i) The establishment of district capacity limits by grade
level, school building, and education program;
(ii) A requirement that all native students wishing to be
enrolled in the district will be enrolled and that any adjacent
or other district students previously
enrolled in the district shall
receive preference over first-time applicants;
(iii) Procedures to ensure that an appropriate racial
balance is maintained in the district schools.
(C) Except as provided in section 3313.982 of the Revised
Code, the procedures for admitting adjacent or other district
students, as applicable, shall not include:
(1) Any requirement of academic ability, or any level of
athletic, artistic, or other extracurricular skills;
(2) Limitations on admitting applicants because of
handicapping conditions, except that a board may refuse to admit
a student receiving services under Chapter
3323. of the Revised Code, if the services described in the
student's IEP are not available in the district's schools;
(3) A requirement that the student be proficient in the
English language;
(4) Rejection of any applicant because the student has
been subject to disciplinary proceedings, except that if an
applicant has been suspended or expelled by the
student's district
for ten consecutive days or more in the term for which admission
is sought or in the term immediately preceding the term for which
admission is sought, the procedures may include a provision
denying admission of such applicant.
(D)(1) Each school board permitting only enrollment of adjacent
district students shall provide information about the
policy adopted under this section, including the application
procedures and deadlines, to the superintendent and the board of
education of each adjacent district and, upon request, to the
parent of any adjacent district student.
(2) Each school board permitting enrollment of other
district students shall provide information about the policy
adopted under this section, including the application procedures
and deadlines, upon request, to the board of education of any
other school district or to the parent of any student
anywhere in the state.
(E) Any school board shall accept all credits toward
graduation earned in adjacent or other district schools by an
adjacent or other district student or a native student.
(F)(1) No board of education may adopt a policy
discouraging or prohibiting its native students from applying to
enroll in the schools of an adjacent or any other district that has
adopted a policy permitting such enrollment, except that:
(a) A district may object to the enrollment of a native
student in an adjacent or other district in order to maintain an
appropriate racial balance.
(b) The board of education of a district receiving funds
under 64 Stat. 1100 (1950), 20 U.S.C.A. 236 et seq., as amended,
may adopt a resolution objecting to the enrollment of its native
students in adjacent or other districts if at least ten per cent of
its students are included in the determination of the United States secretary
of education made under section 20 U.S.C.A. 238(a).
(2) If a board objects to enrollment of native students
under this division, any adjacent or other district shall refuse to
enroll
such native students unless tuition is paid for the students in
accordance with section 3317.08 of the Revised Code. An adjacent
or other district enrolling such students may not receive funding for
those students in accordance with section 3313.981 of the Revised
Code.
(G) The state board of education shall monitor school
districts to ensure compliance with this section and the
districts' policies. The board may adopt rules requiring uniform
application procedures, deadlines for application, notification
procedures, and record-keeping requirements for all school boards
that adopt policies permitting the enrollment of adjacent or other
district students, as applicable. If
the state board adopts such rules, no
school board shall adopt a policy that conflicts with those
rules.
(H) A resolution adopted by a board of education under
this section that entirely prohibits the enrollment of students
from adjacent and from other school districts does not abrogate any
agreement
entered into under section 3313.841 or 3313.92 of the Revised
Code or any contract entered into under section 3313.90 of the
Revised Code between the board of education adopting the
resolution and the board of education of any adjacent or other
district or prohibit these boards of education from entering into any such
agreement or contract.
(I) Nothing in this section shall be construed to permit
or require the board of education of a city, exempted village, or
local school district to exclude any native student of the
district from enrolling in the district.
Sec. 3314.013. (A)(1) Until July 1, 2000, no
more than
seventy-five contracts between start-up schools and the state
board of
education may be in effect outside the pilot project area
at any time under
this chapter.
(2) After July 1, 2000, and until July 1, 2001, no more
than
one
hundred twenty-five contracts between start-up schools and the
state board of
education may be in effect outside the pilot
project area at any time
under this chapter.
(3) This division applies only to contracts between start-up
schools and the state board of education and contracts between
start-up schools and entities described in divisions (C)(1)(b) to
(f) of section 3314.02 of the Revised Code.
Until July 1, 2005, not more than two hundred twenty-five
contracts
to which this
division applies may be in effect at any
time
under
this chapter.
(4) This division applies only to contracts between start-up schools and entities described in divisions (C)(1)(b) to (f) of section 3314.02 of the Revised Code.
Except as otherwise provided in section 3314.014 of the Revised Code, after July 1, 2005, and until July 1, 2007, the number of contracts to which this division applies in effect at any time under this chapter shall be not more than thirty plus the number of such contracts with schools that were open for operation as of May 1, 2005.
(5) This division applies only to contracts between a conversion school that is an internet- or computer-based community school or a start-up school and the board of education of the school district in which the school is or is proposed to be located.
Except as otherwise provided in section 3314.014 of the Revised Code,
until July 1, 2007, the number of contracts to which this division applies in effect at any time under this chapter shall be not more than thirty plus the number of such contracts with schools that were open for operation as of May 1, 2005.
(6) Until the effective date of any standards enacted by the general assembly governing the operation of internet- or computer-based community schools, no internet- or computer-based community school shall operate unless the school was open for instruction as of May 1, 2005. No entity described in division (C)(1) of section 3314.02 of the Revised Code shall enter into a contract to sponsor an internet- or computer-based community school, including a conversion school, between May 1, 2005, and the effective date of any standards enacted by the general assembly governing the operation of internet- or computer-based community schools, except as follows:
(a) Any entity described in division (C)(1) of that section may renew a contract that the entity entered into with an internet- or computer-based community school prior to May 1, 2005, if the school was open for operation as of that date.
(b) Any entity described in divisions (C)(1)(a) to (e) of that section may assume sponsorship of an existing internet- or computer-based community school that was formerly sponsored by another entity and may enter into a contract with that community school in accordance with section 3314.03 of the Revised Code.
(c) Any entity described in division (C)(1)(f) of that section may assume sponsorship of an existing internet- or computer-based community school in accordance with division (A)(7) of this section and may enter into a contract with that community school in accordance with section 3314.03 of the Revised Code.
If a sponsor entered into a contract with an internet- or computer-based community school, including a conversion school, but the school was not open for operation as of May 1, 2005, the contract shall be void and the entity shall not enter into another contract with the school until the effective date of any standards enacted by the general assembly governing the operation of internet- or computer-based community schools.
(7) Until July 1, 2005, any entity described in division (C)(1)(f) of section 3314.02 of the Revised Code may sponsor only a community school that formerly was sponsored by the state board of education under division (C)(1)(d) of that section, as it existed prior to April 8, 2003. After July 1, 2005, any such entity may assume sponsorship of any existing community school, and may sponsor any new community school that is not an internet- or computer-based community school. Beginning on the effective date of any standards enacted by the general assembly governing the operation of internet- or computer-based community schools, any such entity may sponsor a new internet- or computer-based community school.
(8) Nothing in division (A) of this section prohibits a community school from increasing the number of grade levels it offers.
(B) Within twenty-four hours of a request by any person, the
superintendent of public instruction shall indicate the number of
preliminary agreements for
start-up schools
currently outstanding and the number of contracts for these
schools in effect at the time of the request.
(C) It is the intent of the general assembly to consider
whether
to provide limitations on the number of start-up community
schools after
July 1, 2001, following its examination of the
results of
the studies by the legislative office of education
oversight required under
Section 50.39 of
Am.
Sub.
H.B.
No. 215 of the 122nd general
assembly and
Section 50.52.2
of
Am.
Sub.
H.B.
No. 215 of the 122nd general
assembly, as amended
by Am.
Sub.
H.B.
No. 770 of the 122nd general
assembly.
Sec. 3314.014. As used in this section, "operator" means an organization that manages the daily operations of a community school pursuant to a contract between the operator and the school's governing authority.
(A)(1) Notwithstanding the limit prescribed by division (A)(4) of section 3314.013 of the Revised Code, a start-up school sponsored by an entity described in divisions (C)(1)(b) to (f) of section 3314.02 of the Revised Code may be established after the date that limit is reached, provided the school's governing authority enters into a contract with an operator permitted to manage the school under division (B) of this section.
(2) Notwithstanding the limit prescribed by division (A)(5) of section 3314.013 of the Revised Code, a conversion school that is an internet- or computer-based community school or a start-up school sponsored by the school district in which the school is or is proposed to be located may be established after the date that limit is reached, provided the school's governing authority enters into a contract with an operator permitted to manage the school under division (B) of this section. However, a conversion school that is an internet- or computer-based community school may be established after that date only if the prohibition prescribed by division (A)(6) of section 3314.013 of the Revised Code is no longer in effect.
(B) An operator may enter into contracts with the governing authorities of community schools established after the date the limit prescribed by division (A)(4) or (5) of section 3314.013 of the Revised Code, as applicable, is reached, provided the total number of schools for which the operator enters into such contracts, excluding conversion schools that are not internet- or computer-based community schools, does not exceed the number of community schools managed by the operator on the applicable date that are rated excellent, effective, or in need of continuous improvement pursuant to section 3302.03 of the Revised Code.
Sec. 3314.015. (A) The department of education shall be
responsible for the oversight of sponsors of the community schools
established
under this chapter and shall provide technical
assistance to schools and sponsors in their compliance with
applicable laws and the terms of the contracts entered into under
section 3314.03 of the Revised Code and in the development and
start-up activities of those schools. In carrying out its duties
under this section, the department shall do all of the following:
(1) In providing technical assistance to proposing parties,
governing authorities, and sponsors, conduct training sessions and
distribute informational materials;
(2) Approve entities to be sponsors of community schools and
monitor the effectiveness of those sponsors in their oversight of
the schools with which they have contracted;
(3) By December thirty-first of each year, issue a report
to the governor, the speaker of
the house of representatives, the
president of the senate, and the
chairpersons of the house and
senate committees principally
responsible for education matters
regarding the effectiveness of
academic programs, operations, and
legal compliance and of the financial condition of all
community
schools established under this chapter;
(4) From time to time, make legislative recommendations to
the general assembly designed to enhance the operation and
performance of community schools.
(B)(1) No entity listed in division (C)(1) of section
3314.02 of the Revised Code shall enter into a preliminary
agreement under division (C)(2) of section 3314.02 of the Revised
Code until it has received approval from the department of
education to sponsor community schools under this chapter and has
entered into a written agreement with the department regarding the
manner in which the entity will conduct such sponsorship. The
department shall adopt in accordance with Chapter 119. of the
Revised Code rules containing criteria, procedures, and
deadlines
for
processing applications for such approval, for oversight of
sponsors, for revocation of the approval of sponsors, and for
entering into written agreements with sponsors. The
rules shall
require an entity to submit evidence of the entity's
ability and
willingness to comply with the provisions of division
(D) of
section 3314.03 of the Revised Code. The rules also shall require entities approved as sponsors on and after the effective date of this amendment to demonstrate a record of financial responsibility and successful implementation of educational programs. If an entity seeking approval on or after the effective date of this amendment to sponsor community schools in this state sponsors or operates schools in another state, at least one of the schools sponsored or operated by the entity must be comparable to or better than the performance of Ohio schools in a state of academic watch under section 3302.03 of the Revised Code, as determined by the department.
An entity that is approved to sponsor sponsors community schools may
enter into any number of preliminary agreements and sponsor any
number of schools as follows, provided each school and the contract for
sponsorship meets the requirements of this chapter:
(a) An entity that sponsored fifty or fewer schools that were open for operation as of May 1, 2005, may sponsor not more than fifty schools.
(b) An entity that sponsored more than fifty but not more than seventy-five schools that were open for operation as of May 1, 2005, may sponsor not more than the number of schools the entity sponsored that were open for operation as of May 1, 2005.
(c) Until June 30, 2006, an entity that sponsored more than seventy-five schools that were open for operation as of May 1, 2005, may sponsor not more than the number of schools the entity sponsored that were open for operation as of May 1, 2005. After June 30, 2006, such an entity may sponsor not more than seventy-five schools.
Upon approval of an entity to be a sponsor under this division, the department shall notify the entity of the number of schools the entity may sponsor.
The limit imposed on an entity to which division (B)(1)(b) or (c) of this section applies shall be decreased by one for each school sponsored by the entity that permanently closes until the number of schools sponsored by the entity is fifty.
If at any time an entity exceeds the number of schools it may sponsor under this division, the department shall assist the schools in excess of the entity's limit in securing new sponsors. If a school is unable to secure a new sponsor, the department shall assume sponsorship of the school in accordance with division (C) of this section. Those schools for which another sponsor or the department assumes sponsorship shall be the schools that most recently entered into contracts with the entity under section 3314.03 of the Revised Code.
(2) The department of education shall determine, pursuant to
criteria adopted by rule of the department, whether the mission
proposed to be specified in the contract of a community school to
be sponsored by a state university board of trustees or the
board's designee under division (C)(1)(e) of section 3314.02 of
the Revised Code complies with the requirements of that division.
Such determination of the department is final.
(3) The department of education shall determine, pursuant to
criteria adopted by rule of the department, if any tax-exempt
entity under section 501(c)(3) of the Internal Revenue Code that
is proposed to be a sponsor of a community school is an
education-oriented entity for purpose of satisfying the condition
prescribed in division (C)(1)(e)(iv)(f)(iii) of section 3314.02 of the
Revised Code. Such determination of the department is final.
(C) If at any time the state board of education
finds that a
sponsor is not in compliance or is no longer willing
to comply
with its contract with any community school or with the
department's rules for sponsorship, the
state board or designee
shall conduct a hearing in accordance with Chapter
119. of the
Revised Code on that matter. If after the hearing,
the state
board or designee has confirmed the original finding, the
department of education may revoke the sponsor's approval to
sponsor
community schools and may assume the sponsorship of any
schools
with which the sponsor has contracted until the earlier of
the
expiration of two school years or until a new sponsor as
described
in division (C)(1) of section 3314.02 of the Revised
Code is
secured by the school's governing authority. The
department may
extend the term of the contract in the case of a
school for which
it has assumed sponsorship under this division as
necessary to
accommodate the term of the department's
authorization to sponsor
the school specified in this division.
(D) The decision of the department to disapprove an entity
for sponsorship of a community school or to revoke approval for
such sponsorship, as provided in division (C) of this section, may
be appealed by the entity in accordance with section 119.12 of the
Revised Code.
(E) The department shall adopt procedures for use by a community school governing authority and sponsor when the school permanently closes and ceases operation, which shall include at least procedures for data reporting to the department, handling of student records, distribution of assets in accordance with section 3314.074 of the Revised Code, and other matters related to ceasing operation of the school.
(F) In carrying out its duties under this chapter, the
department shall not impose requirements on community schools or
their sponsors that are not permitted by law or duly adopted
rules.
Sec. 3314.02. (A) As used in this chapter:
(1)
"Sponsor" means
an entity listed in division
(C)(1)
of
this
section, which has been approved by the department
of education to sponsor community schools and
with which the
governing
authority of the
proposed
community school enters into a
contract pursuant to this
section.
(2)
"Pilot project area" means
the school districts
included
in the territory of the former community
school pilot project
established by former Section 50.52 of Am. Sub. H.B. No. 215
of
the 122nd general assembly.
(3)
"Challenged school district"
means any of the following:
(a) A school district that is part of the pilot project
area;
(b) A school district that is
either in a state of academic
emergency
or in a state of academic watch under section 3302.03 of
the Revised
Code;
(c) A big eight school district.
(4)
"Big eight school district" means
a school district that
for fiscal year 1997 had
both of the following:
(a) A percentage of children residing in the
district and
participating in the predecessor of
Ohio works first greater than
thirty per cent, as reported pursuant to section 3317.10 of the
Revised
Code;
(b) An average daily membership greater than
twelve
thousand, as reported pursuant to former division
(A) of section
3317.03 of the
Revised Code.
(5)
"New start-up school" means a community school other
than
one created
by converting all or part of an existing public
school, as designated in the
school's contract pursuant to
division (A)(17) of section 3314.03
of the Revised Code.
(6)
"Urban school district" means one of the state's
twenty-one
urban school districts as defined in division (O) of
section 3317.02
of the Revised Code as that section existed prior
to July 1, 1998.
(7) "Internet- or
computer-based community school" means a
community school
established under this chapter in which the
enrolled students work primarily from their residences on
assignments in nonclassroom-based learning opportunities provided via an internet- or other computer-based
instructional method that does not rely on regular classroom
instruction or via comprehensive instructional methods that include internet-based, other computer-based, and noncomputer-based learning opportunities.
(B) Any person or group of
individuals may initially propose
under this
division the conversion of all or a portion of a public
school to a community
school.
The proposal
shall be made to the
board of education of
the city, local, or
exempted village school
district
in
which the public school is
proposed to be converted.
Upon receipt of a
proposal, a board may
enter into a preliminary
agreement with the person or
group
proposing the conversion of the
public school, indicating the
intention of the board of education
to
support the conversion to a
community school. A proposing
person or group
that has a
preliminary
agreement under this
division may proceed to finalize
plans for the school,
establish a
governing authority for the
school, and negotiate a contract with
the board of education.
Provided the proposing person or group
adheres to the
preliminary
agreement and all provisions of this
chapter, the board of
education shall negotiate in good faith to
enter into a contract
in accordance
with section 3314.03 of the
Revised Code and
division (C) of this section.
(C)(1) Any person or group of
individuals may propose under
this division the
establishment of a new start-up school to be
located in
a challenged
school district. The proposal may be
made
to
any of the following
entities:
(a) The board of education of the
district in which the
school is proposed to be
located;
(b) The board of education of any joint
vocational school
district with territory in the county in which is
located the
majority
of the territory of the district in which the
school is
proposed to be located;
(c) The board of education of any other
city, local, or
exempted village school district having
territory in the same
county where the
district in which the school is proposed to be
located has the major
portion of its territory;
(d) The
governing
board of
any educational service
center;
(e) A
sponsoring
authority designated by the
board
of
trustees of
any of the thirteen state universities listed in section
3345.011 of the Revised Code
or the board of
trustees itself
as
long as a mission of the proposed school to be specified in the
contract under division (A)(2) of section 3314.03 of the Revised
Code and as approved by the department of education under division
(B)(2) of section 3314.015 of the Revised Code will be the
practical demonstration of teaching methods,
educational
technology, or other teaching practices that are
included in the
curriculum of the university's teacher preparation
program
approved by the state board of education;
(f) Any qualified tax-exempt entity under section
501(c)(3) of the Internal Revenue Code as long as all of the
following conditions are satisfied:
(i) The entity has been in operation for at least five
years prior to applying to be a community school sponsor.
(ii) The entity has assets of at least five hundred
thousand dollars.
(iii) The department of education has determined that the
entity is an education-oriented entity under division (B)(3) of
section 3314.015 of the Revised Code.
Until July 1, 2005, any entity described in division
(C)(1)(f) of this section may sponsor only schools that formerly
were sponsored
by the state board of education under division
(C)(1)(d) of this
section, as it existed prior to April 8, 2003. After July 1, 2005, such entity may
sponsor any new or
existing school.
Any entity
described in division (C)(1) of this
section may enter
into a
preliminary agreement
pursuant
to
division (C)(2) of this
section with the proposing
person or
group.
(2) A preliminary agreement indicates the
intention of
an entity described in division (C)(1)
of this section
to
sponsor the community school. A proposing person or
group that
has such a preliminary agreement may proceed to
finalize plans for
the school, establish a governing authority
as described in
division (E) of this section
for the school, and
negotiate a
contract with the
entity. Provided the
proposing person or
group adheres to the
preliminary agreement and
all provisions of
this chapter, the
entity shall negotiate
in good faith to
enter into a
contract in accordance with section
3314.03 of the
Revised
Code.
(3) A new start-up school that is established in a school
district while that district is
either in a state of academic
emergency
or in a state of academic watch under section
3302.03 of
the Revised Code may
continue in
existence once the school
district is no longer
in a
state of
academic emergency
or academic
watch, provided there is a valid
contract between
the
school and a
sponsor.
(4) A copy of every preliminary agreement entered into under
this
division shall be filed with the superintendent of public
instruction.
(D) A majority vote of
the board of a sponsoring
entity
and a
majority vote of the members of the
governing authority of a
community school shall be required to
adopt a contract and
convert
the public school to a community
school or establish the new
start-up school. Up to the
statewide limit prescribed in section Beginning on the effective date of this amendment, adoption of the contract shall occur not later than the fifteenth day of March prior to the school year in which the school will open. Subject to sections 3314.013 and 3314.014 of the Revised
Code, an unlimited number
of
community schools
may be
established
in any school district
provided that a contract is
entered into
for each community school
pursuant to
this chapter.
(E) As used in this division, "immediate relatives" are
limited to spouses, children, parents, grandparents, siblings, and
in-laws.
Each new start-up community school established under
this
chapter shall be under the direction of a governing authority
which shall consist of a board of not less than five individuals
who are not owners or employees, or immediate relatives of owners
or employees, of any for-profit firm that
operates or
manages a
school for the governing authority.
No person shall serve on the governing authority or
operate the community school under contract with the governing
authority so long as the person owes the state any money or is in
a dispute over whether the person owes the state any money
concerning the operation of a community school that has closed.
(F) Nothing in this chapter shall be construed to permit the
establishment of a community school in more than one school
district under the same contract.
(G)(1) A new start-up school that is established prior to the effective date of this amendment August 15, 2003, in an urban school district that is not also a big-eight school district may continue to operate after the effective that date of this amendment and the contract between the school's governing authority and the school's sponsor may be renewed, as provided under this chapter, after the effective that date of this amendment, but no additional new start-up schools may be established in such a district unless the district is a challenged school district as defined in this section as it exists on and after the effective that date of this amendment.
(2) A community school that was established prior to June 29, 1999, and is located in a county contiguous to the pilot project area and in a school district that is not a challenged school district may continue to operate after that date, provided the school complies with all provisions of this chapter. The contract between the school's governing authority and the school's sponsor may be renewed, but no additional start-up community school may be established in that district unless the district is a challenged school district.
Sec. 3314.021. (A) This section applies to any entity that is
exempt from taxation under section 501(c)(3) of the Internal
Revenue Code and that satisfies the conditions specified in
divisions (C)(1)(f)(ii) and (iii) of section 3314.02 of the
Revised Code but does not satisfy the condition specified in
division (C)(1)(f)(i) of that section.
(B) Notwithstanding division (C)(1)(f)(i) of section 3314.02
of the Revised Code, an entity described in division (A) of this
section may do both of the following without obtaining the department of education's approval of its sponsorship under division (B)(1) of section 3314.015 of the Revised Code:
(1) Succeed the board of trustees of a state university
located in the pilot project area or that board's designee as the
sponsor of a community school established under this chapter;
(2) Continue to sponsor that school in conformance with
the terms of the contract between the board of trustees or its
designee and the governing authority of the community school and
renew that contract as provided in division (E) of section
3314.03 of the Revised Code.
(C) The entity that succeeds the board of trustees or the board's designee as sponsor of a community school under division (B) of this section also may enter into
contracts to sponsor other community schools located in any challenged school district, without obtaining the department's approval of its sponsorship under division (B)(1) of section 3314.015 of the Revised Code, and not subject to the restriction of the paragraph following division (C)(1)(f)(iii) division (A)(7) of section 3314.02 3314.013 of the Revised Code, as long as the contracts conform with and the entity complies with all other requirements of this chapter.
Sec. 3314.03.
A copy of every contract entered into
under this section shall be filed with the superintendent of
public instruction.
(A) Each contract entered into
between a sponsor and the governing
authority of a
community school shall specify the following:
(1) That the school shall
be established as
either of the
following:
(a) A nonprofit
corporation established
under Chapter 1702.
of the Revised Code,
if established prior to April 8, 2003;
(b) A public benefit corporation established under Chapter
1702. of the Revised Code, if established after April 8, 2003;
(2) The education program of the school, including the
school's mission,
the characteristics of the students the school
is expected to attract, the ages and grades of students, and the
focus of the
curriculum;
(3) The academic goals to be achieved and the method of
measurement that
will be used to determine progress toward those
goals, which shall include the statewide
achievement
tests;
(4) Performance standards by which the success of the
school
will be evaluated by the sponsor;. If the sponsor will evaluate the school in accordance with division (D) of section 3314.36 of the Revised Code, the contract shall specify the number of school years that the school will be evaluated under that division.
(5) The admission standards of section 3314.06 of the
Revised Code and, if applicable, section 3314.061 of the Revised Code;
(6)(a) Dismissal procedures;
(b) A requirement that the governing authority adopt an
attendance policy that includes a procedure for automatically
withdrawing a student from the school if the student without a
legitimate excuse fails to participate in one hundred five
consecutive hours of the learning opportunities offered to the
student. Such a policy shall provide for withdrawing the student
by the end of the thirtieth day after the student has failed to
participate as required under this division.
(7) The ways by which the school will achieve racial and
ethnic balance
reflective of the community it serves;
(8) Requirements
for
financial audits by the
auditor of state. The contract shall require
financial records of
the school to be maintained in
the same manner as are financial
records of school districts, pursuant to
rules of the auditor of
state, and the audits shall be conducted in
accordance with
section 117.10 of the Revised Code.
(9) The facilities to be used and
their locations;
(10) Qualifications of teachers,
including a requirement
that the school's
classroom teachers be licensed in accordance
with sections 3319.22 to
3319.31 of the Revised Code, except that
a community school may engage
noncertificated persons to teach up
to twelve
hours per week pursuant to section 3319.301 of the
Revised Code;
(11) That the school will comply with the following
requirements:
(a) The school will provide learning opportunities to a
minimum
of twenty-five students for a minimum of nine
hundred
twenty hours per school year;
(b) The governing authority will
purchase liability
insurance, or otherwise provide for the
potential liability of the
school;
(c) The school will be
nonsectarian in its programs,
admission policies,
employment practices, and all other
operations, and will not be
operated by a sectarian school or
religious institution;
(d) The school will comply with
sections 9.90, 9.91, 109.65,
121.22,
149.43, 2151.358, 2151.421, 2313.18,
3301.0710, 3301.0711,
3301.0712,
3301.0715,
3313.50,
3313.608, 3313.6012,
3313.643,
3313.648, 3313.66, 3313.661,
3313.662,
3313.67,
3313.671,
3313.672,
3313.673, 3313.69, 3313.71, 3313.716,
3313.80,
3313.96,
3319.073, 3319.321, 3319.39, 3321.01,
3321.13, 3321.14,
3321.17,
3321.18, 3321.19, 3321.191, 3327.10, 4111.17,
4113.52, and
5705.391
and
Chapters 117., 1347.,
2744., 3365.,
3742., 4112., 4123.,
4141., and
4167. of
the Revised Code
as if it were a
school
district
and will comply with section
3301.0714 of the
Revised
Code in the manner specified in section
3314.17 of the
Revised
Code;
(e) The school shall comply with Chapter 102. of the Revised
Code except that
nothing in that chapter shall prohibit a
member
of the school's governing board from also being an employee
of the
school and nothing in that chapter or section 2921.42 of
the
Revised Code shall prohibit a member of the
school's governing
board from having an interest in a
contract into which the
governing board enters
that is not a contract with a for-profit
firm for the operation or
management of a school under the
auspices of the governing
authority;
(f) The school will comply with sections 3313.61,
3313.611,
and 3313.614 of the Revised Code, except that the
requirement in
sections
3313.61 and 3313.611 of the Revised
Code that a person
must successfully
complete the curriculum
in
any high school prior
to receiving a
high school diploma may be
met by completing the
curriculum adopted by the
governing
authority of the community
school
rather than the curriculum
specified in Title XXXIII of the
Revised Code or any rules of the
state board of education;
(g) The school governing authority will submit
within four months after the end of each school year a
report
of
its activities and progress in meeting the goals and
standards of
divisions
(A)(3) and (4) of this section and its
financial status
to the
sponsor, the parents of all students
enrolled in the
school, and the legislative office of education
oversight. The
school will
collect and provide
any data that the
legislative
office of education oversight requests in
furtherance
of any study
or research that the general assembly requires the
office to
conduct, including the studies required under Section
50.39
of Am.
Sub. H.B. 215 of the
122nd general assembly and
Section 50.52.2 of
Am. Sub. H.B. 215 of the
122nd general
assembly, as amended.
(12) Arrangements for providing health and other benefits
to
employees;
(13) The length of the contract, which shall begin at the
beginning of an
academic year. No contract shall
exceed
five years
unless such contract has been renewed pursuant to
division (E) of this section.
(14) The governing authority of the school, which shall be
responsible for carrying out the provisions of the contract;
(15) A financial plan detailing an estimated school budget
for each year
of the period of the contract and specifying the
total estimated per pupil
expenditure amount for each such year.
The plan shall specify for
each year the base formula amount
that
will be used for purposes of funding calculations under section
3314.08
of the Revised Code. This base formula amount for any
year shall not exceed
the formula amount defined under section
3317.02
of the Revised Code. The plan may also
specify for any
year a percentage figure to be used for reducing the per pupil
amount of disadvantaged pupil impact aid the subsidy calculated pursuant to
section 3317.029 of the Revised Code the school is to
receive that
year under section 3314.08 of the Revised Code.
(16) Requirements and procedures regarding the disposition
of
employees of the school in the event the contract is terminated
or not renewed pursuant to section 3314.07 of the Revised Code;
(17) Whether the school is to be created by
converting all
or part of an existing public school or is to be a new start-up
school, and if it is a converted public school, specification of
any duties or
responsibilities of an employer that the board of
education that operated the
school before conversion is delegating
to the governing board of the community
school with respect to all
or any specified group of employees provided the
delegation is not
prohibited by a collective bargaining agreement applicable
to such
employees;
(18) Provisions establishing procedures for resolving
disputes or
differences of opinion between the sponsor and the
governing authority of the
community school;
(19) A provision requiring the governing authority to adopt
a policy
regarding
the admission of students who reside outside
the district in which the school
is located. That policy shall
comply with the admissions procedures specified
in section sections 3314.06 and 3314.061
of the Revised Code and, at the sole
discretion of the authority,
shall do one of the following:
(a) Prohibit the enrollment of students who reside outside
the
district in which the school is located;
(b) Permit the enrollment of students who reside in
districts
adjacent to the district in which the school is located;
(c) Permit the enrollment of students who reside in any
other
district in the state.
(20) A provision recognizing the authority of the department
of education to take over the sponsorship of the school in
accordance with the provisions of division (C) of section 3314.015
of the Revised Code;
(21) A provision recognizing the sponsor's authority to
assume the operation of a school under the conditions specified in
division (B) of section 3314.073 of the Revised Code;
(22) A provision recognizing both of the following:
(a) The authority of public health and safety officials to
inspect the facilities of the school and to order the facilities
closed if those officials find that the facilities are not in
compliance with health and safety laws and regulations;
(b) The authority of the
department of education as the
community school oversight body to
suspend the operation of the
school under section 3314.072 of the
Revised Code if the
department has evidence of conditions or
violations of law at the
school that pose an imminent danger to
the health and safety of
the school's students and employees and
the sponsor refuses to
take such action;
(23) A description of the learning opportunities that will
be offered to students including both classroom-based and
non-classroom-based learning opportunities that is in compliance
with criteria for student participation established by the
department under division (L)(2) of section 3314.08 of the Revised
Code;
(24) The school will comply with section 3302.04 of the Revised Code, including division (E) of that section to the extent possible, except that any action required to be taken by a school district pursuant to that section shall be taken by the sponsor of the school. However, the sponsor shall not be required to take any action described in division (F) of that section.
(25) Beginning in the 2006-2007 school year, the school will open for operation not later than the thirtieth day of September each school year, unless the mission of the school as specified under division (A)(2) of this section is solely to serve dropouts. In its initial year of operation, if the school fails to open by the thirtieth day of September, or within one year after the adoption of the contract pursuant to division (D) of section 3314.02 of the Revised Code if the mission of the school is solely to serve dropouts, the contract shall be void.
(B) The community school shall also submit to the sponsor a
comprehensive plan for the
school. The plan shall specify the
following:
(1) The process by which the governing authority of the
school will be
selected in the future;
(2) The management and administration of the school;
(3) If the community school is a currently existing
public
school, alternative arrangements
for current public school
students who choose
not to attend the school and teachers who
choose not to teach in
the school after conversion;
(4) The instructional program and educational philosophy of
the
school;
(5) Internal financial controls.
(C) A contract entered into under section 3314.02 of the
Revised
Code between a sponsor and the governing
authority of a
community school may provide for the community school governing
authority to make payments to the sponsor, which is hereby
authorized to
receive such payments as set forth in the contract
between the governing
authority and the sponsor.
The total amount
of such payments for oversight and monitoring of the school shall
not exceed three per cent of the total
amount of payments for
operating expenses that the school receives
from the state.
(D) The contract shall specify the duties of the sponsor
which shall be in accordance with the written agreement entered
into with the department of education under division (B) of
section 3314.015 of the Revised Code and shall include the
following:
(1) Monitor the community school's compliance with all laws
applicable to the school and with the terms of the contract;
(2) Monitor and evaluate the academic and fiscal
performance and the organization and operation of the community
school on at least an annual basis;
(3) Report on an annual basis the results of the evaluation
conducted under division (D)(2) of this section to the department
of education and to the parents of students enrolled in the
community school;
(4) Provide technical assistance to the community school
in complying with laws applicable to the school and terms of the
contract;
(5) Take steps to intervene in the school's operation to
correct problems in the school's overall
performance, declare the
school to be on probationary status
pursuant to section 3314.073
of the Revised Code, suspend the
operation of the school pursuant
to section 3314.072 of the
Revised Code, or terminate the contract
of the school pursuant to
section 3314.07 of the Revised Code as
determined necessary by the
sponsor;
(6) Have in place a plan of action to be undertaken in the
event the community school experiences financial difficulties or
closes prior to the end of a school year.
(E) Upon the expiration of a
contract entered into under
this section, the sponsor of a
community school may, with the
approval of the governing authority
of the school, renew that
contract for
a period of time determined by the sponsor, but not
ending earlier
than the end of any school year, if the sponsor
finds that the
school's compliance with applicable laws and terms
of the contract
and the school's progress in meeting the academic
goals prescribed
in the contract have been satisfactory. Any
contract that is renewed
under this division remains subject to
the provisions of sections
3314.07, 3314.072, and 3314.073 of the
Revised Code.
(F) If a community school fails to open for operation within one year after the contract entered into under this section is adopted pursuant to division (D) of section 3314.02 of the Revised Code or permanently closes prior to the expiration of the contract, the contract shall be void and the school shall not enter into a contract with any other sponsor. A school shall not be considered permanently closed because the operations of the school have been suspended pursuant to section 3314.072 of the Revised Code. Any contract that becomes void under this division shall not count toward any statewide limit on the number of such contracts prescribed by section 3314.013 of the Revised Code.
Sec. 3314.06. The governing authority of each community
school
established under this chapter shall adopt admission
procedures that specify
the following:
(A) That except as otherwise provided in this section,
admission to the
school shall be open to any individual
age
five
to twenty-two
entitled to
attend school pursuant to section
3313.64 or 3313.65 of the Revised Code in
a school district in the
state.
(B)(1) That admission to the school may be limited to
students
who
have attained a specific grade level or are within
a
specific
age group; to students that meet a definition of
"at-risk," as
defined in the contract; or to residents of a
specific geographic
area
within the district,
as defined in the
contract; or to separate groups of autistic students and nonhandicapped students, as authorized in section 3314.061 of the Revised Code and as defined in the contract.
(2) For purposes of division (B)(1) of this section,
"at-risk" students may include those students identified as gifted
students under section 3324.03 of the Revised Code.
(C) Whether enrollment is limited to students who reside in
the district
in which the school is located or is open to
residents of other districts, as
provided in the policy adopted
pursuant to the contract.
(D)(1) That there will be no discrimination in the admission
of
students to the school on the basis of race, creed, color,
handicapping
condition, or sex
except that the:
(a) The
governing
authority may establish single-gender schools for the
purpose
described in division (G) of this section provided
comparable facilities and learning opportunities are offered for
both boys and girls. Such comparable facilities and opportunities
may be offered for each sex at separate locations.
(b) The governing authority may establish a school that simultaneously serves a group of students identified as autistic and a group of students who are not handicapped, as authorized in section 3314.061 of the Revised Code. However, unless the total capacity established for the school has been filled, no student with any handicap shall be denied admission on the basis of that handicap.
(2) That upon
admission of any
handicapped student, the
community
school will
comply with all
federal and state laws
regarding the
education of
handicapped
students.
(E) That the school may not limit admission to students on
the
basis of intellectual ability, measures of achievement or
aptitude, or
athletic ability, except that a school may limit its
enrollment to students as described in division (B)(2) of this
section.
(F) That the community school will admit the number of
students
that does not exceed
the capacity of the school's
programs, classes, grade levels, or
facilities.
(G)
That the purpose of single-gender schools that are
established shall be to take advantage of the academic benefits
some students realize from single-gender instruction and
facilities and to offer students and parents residing in the
district the option of a single-gender education.
(H) That, except as otherwise provided under division
(B) of
this section or section 3314.061 of the Revised Code, if the number of applicants exceeds the capacity
restrictions of division (F) of this section, students
shall be
admitted by lot from all those submitting applications,
except
preference shall be given to students attending the
school the
previous year and to students who reside in the district in
which
the school is located. Preference may be given to siblings of
students attending the school the previous year.
Notwithstanding divisions (A)
to (H) of this
section,
in the event the racial composition of the enrollment of
the
community school is violative of a federal desegregation
order,
the
community school shall take any and all corrective
measures to
comply with the desegregation order.
Sec. 3314.061. A governing authority may establish a community school under this chapter that is limited to providing simultaneously special education and related services to a specified number of students identified as autistic and regular educational programs to a specified number of students who are not handicapped. The contract between the governing authority and the school's sponsor shall specify the target ratio of number of autistic students to number of nonhandicapped students in the school's population, the total number of autistic students that may be enrolled in the school, and the total number of nonhandicapped students that may be enrolled in the school. A school established in accordance with this section is subject to division (H) of section 3314.06 of the Revised Code, except that because the governing authority establishes a separate capacity for autistic students and nonhandicapped students, if the number of applicants among the group of autistic students or the group of nonhandicapped students exceeds the capacity restrictions for that group, students shall be admitted by lot from all those of that same group submitting applications. However, unless the total capacity established for the school has been filled, no student with any handicap shall be denied admission on the basis of that handicap.
Sec. 3314.074. Divisions (A) and (B) of this section apply
only to the extent permitted under Chapter 1702. of the Revised
Code.
(A) If any community school established under this
chapter
permanently closes and ceases its operation as a community
school,
the assets of that school shall be distributed first to
the
retirement
funds of employees of the school, employees of the
school, and private creditors who are owed
compensation and
then
any remaining funds shall be paid to the
state treasury to
the
credit of the general revenue fund.
(B) If a community school closes and ceases to operate as a
community school and the school has received computer hardware or
software from the former Ohio SchoolNet commission or the eTech Ohio commission, such hardware or
software shall be returned to the eTech Ohio commission, and the eTech Ohio commission shall redistribute the hardware and software, to the extent such
redistribution is possible, to school districts in conformance
with the provisions of the programs operated and administered by
the eTech Ohio commission.
(C) If the assets of the school
are insufficient to pay all
persons or entities to whom
compensation is owed, the
prioritization of the distribution of
the assets to individual
persons or entities within each class of
payees may be determined
by decree of a court in accordance with
this section and Chapter
1702. of the Revised Code.
Sec. 3314.08. (A) As used in this section:
(1)
"Base formula amount" means the
amount specified as such
in a community school's financial plan for a school
year pursuant
to division (A)(15) of section 3314.03 of the
Revised Code.
(2)
"Cost-of-doing-business factor" has the same meaning as
in section
3317.02 of the Revised Code.
(3)
"IEP" means an
individualized education program as
defined in section 3323.01 of
the Revised Code.
(4)
"Applicable
special education weight" means the
multiple
specified in section 3317.013
of
the Revised Code for a handicap
described
in that
section.
(5)
"Applicable vocational education weight" means:
(a) For a student enrolled in vocational education programs
or
classes described in division (A) of section 3317.014 of the
Revised Code, the
multiple specified in that division;
(b) For a student enrolled in vocational education programs
or
classes described in division (B) of section 3317.014 of the
Revised Code, the
multiple specified in that division.
(6)
"Entitled to attend school" means entitled to attend
school
in a district under section 3313.64 or 3313.65 of the
Revised
Code.
(7)
A community school student
is "included in the DPIA
poverty student count" of a school district if
the student is entitled to
attend school in the district and:
(a) For school years prior to fiscal year 2004, the
student's family receives assistance under the Ohio works first
program.
(b) For school years in and after fiscal year 2004, the
student's family income does not exceed the federal poverty
guidelines, as defined in section 5101.46 of the Revised Code, and
the student's family receives family assistance, as defined in
section 3317.029 of the Revised Code.
(8) "DPIA Poverty-based assistance reduction factor" means the
percentage figure,
if
any, for reducing the per pupil amount
of disadvantaged pupil
impact aid
poverty-based assistance a community school is entitled to receive pursuant to
divisions (D)(5) and
(6) of this
section in any year,
as
specified
in the school's financial plan for the year pursuant to
division
(A)(15) of section 3314.03 of the Revised Code.
(9)
"All-day kindergarten" has the same meaning as in
section
3317.029 of the Revised Code.
(10) "SF-3 payment" means the sum of the payments to a school district in a fiscal year under divisions (A), (C)(1), (C)(4), (D), (E), and (F) of section 3317.022, divisions (J), (P), and (R) of section 3317.024, and sections 3317.029, 3317.0212, 3317.0213, 3317.0216, 3317.0217, 3317.04, 3317.05, 3317.052, and 3317.053 of the Revised Code after making the adjustments required by sections 3313.981 and 3313.979, divisions (B), (C), (D), (E), (K), (L), and (M), (N), and (O) of section 3317.023, and division (C) of section 3317.20 of the Revised Code.
(B) The state board of education shall adopt rules requiring
both
of the following:
(1) The board of education of each city, exempted village,
and local school district to annually report the number of
students entitled to attend school in the district who are
enrolled in grades
one through
twelve in a
community school
established under this chapter, the number of
students entitled to
attend school in the district who are enrolled in
kindergarten in
a community school,
the number of those
kindergartners who are
enrolled in all-day kindergarten in their
community school,
and
for each child,
the
community school in which the child is
enrolled.
(2) The governing authority of each community school
established under this chapter to annually report all of the
following:
(a) The number of
students enrolled in grades one through
twelve and the number
of
students enrolled in kindergarten in the
school
who are not receiving special education and
related
services pursuant to an IEP;
(b) The number of enrolled students in grades one through
twelve and the number of enrolled students in
kindergarten,
who
are receiving special
education and related services
pursuant to
an IEP;
(c) The number of students reported under division
(B)(2)(b)
of
this section receiving special education and related services
pursuant to
an IEP for a handicap described in each of divisions
(A)
to (F)
of section 3317.013
of
the Revised Code;
(d)
The full-time equivalent number of students reported
under divisions
(B)(2)(a) and (b) of this section who are
enrolled
in vocational education programs or classes described in each of
divisions (A) and (B) of section 3317.014 of the Revised Code that
are
provided by the community school;
(e)
Twenty per cent of the number of students reported under
divisions (B)(2)(a) and (b) of this section who are not reported
under division (B)(2)(d) of this section but who are enrolled in
vocational education programs or classes described in each of
divisions (A) and (B) of section 3317.014 of the Revised Code at a
joint vocational school district under a contract between the
community school and the joint vocational school district and are
entitled to attend school in a city, local, or exempted village
school district whose territory is part of the territory of the
joint vocational district;
(f) The number of
enrolled preschool handicapped students
receiving special education
services in a state-funded unit;
(g) The community
school's base formula amount;
(h) For each student, the
city, exempted village, or
local
school district in which the
student is
entitled to attend
school;
(i) Any DPIA poverty-based assistance reduction factor that applies to a
school
year.
(C) From the SF-3 payment made to a city, exempted village, or
local
school district and,
if necessary, from the payment made to the district under
sections 321.24 and 323.156 of the Revised Code, the
department of education
shall annually subtract the sum of the
amounts described in divisions (C)(1) to (6)(9) of this section. However, when deducting payments on behalf of students enrolled in internet- or computer-based community schools, the department shall deduct only those amounts described in divisions (C)(1) and (2) of this section. Furthermore, the aggregate amount deducted under this division shall not exceed the sum of the district's SF-3 payment and its payment under sections 321.24 and 323.156 of the Revised Code.
(1) An amount equal to the sum of the amounts obtained when,
for each
community school where the district's students are
enrolled, the number of the
district's students reported under
divisions
(B)(2)(a), (b), and (e) of this section who are
enrolled in
grades one through twelve, and one-half the number of
students
reported under those divisions who are enrolled in
kindergarten,
in that community school
is multiplied by
the greater of the following:
(a) The fiscal year 2005 base
formula amount
of that community school
as adjusted by the school
district's fiscal year 2005 cost-of-doing-business factor;
(b) The sum of (the current base formula amount of that community school times the school district's current cost-of-doing-business factor) plus the per pupil amount of the base funding supplements specified in divisions (C)(1) to (4) of section 3317.012 of the Revised Code.
(2) The
sum of the
amounts calculated under divisions
(C)(2)(a)
and
(b) of this
section:
(a) For each of the district's students reported under
division
(B)(2)(c) of this section as enrolled in a community
school in
grades one through twelve and receiving special
education and related services
pursuant to an IEP for a handicap
described in section 3317.013 of
the Revised Code, the product of
the applicable special education weight
times
the
community
school's base formula
amount;
(b) For each of the district's students reported under
division (B)(2)(c) of this section as enrolled in kindergarten
in
a
community school and receiving special education and related
services
pursuant to
an IEP for a handicap described in section
3317.013 of the
Revised
Code, one-half of the amount calculated as
prescribed in division
(C)(2)(a) of this section.
(3)
For each of the district's students reported under
division
(B)(2)(d) of this section for whom payment is made under
division (D)(4) of this section, the amount of that payment;
(4) An amount equal to the sum of the amounts obtained when,
for each
community school where the district's students are
enrolled, the number of the
district's students enrolled in that
community school
who are included in the district's DPIA poverty student
count
is multiplied by the per pupil amount of
disadvantaged pupil
impact aid poverty-based assistance the school district receives that
year pursuant
to
division (B) or (C) of section 3317.029 of
the
Revised
Code, as
adjusted by any DPIA poverty-based assistance reduction factor of that
community
school.
If
the district receives
disadvantaged pupil
impact aid poverty-based assistance under
division (B) of that section,
the per pupil
amount of that aid is
the quotient of the amount the district
received under that
division divided by the
district's DPIA poverty student count,
as defined
in that section.
If
the
district receives
disadvantaged pupil
impact aid poverty-based assistance under division
(C) of section
3317.029 of the Revised
Code, the
per pupil
amount
of that aid is
the per pupil dollar
amount prescribed for the
district in
division (C)(1) or (2) of
that section shall be calculated by the department.
(5) An amount equal to the sum of the amounts obtained
when,
for
each community school where the district's students are
enrolled, the
district's per pupil amount of aid received under
division (E) of
section 3317.029 of the Revised Code, as adjusted
by any
DPIA
poverty-based assistance reduction factor of the community school, is
multiplied by the sum of the
following:
(a) The number of the district's students reported under
division
(B)(2)(a) of this section who are enrolled in grades one
to
three in
that community school and who are not receiving
special education and related
services pursuant to
an IEP;
(b) One-half of the district's students who are enrolled in
all-day or any other kindergarten class in that community school
and who are
not receiving special education and related
services
pursuant to an IEP;
(c) One-half of the district's students who are enrolled in
all-day kindergarten in that community school and who are not
receiving
special education and related services pursuant to an
IEP.
The district's per pupil amount of aid under division (E) of
section 3317.029 of the Revised Code is the quotient of the
amount
the district received under that division divided by the
district's
kindergarten through third grade ADM, as defined in
that
section.
(6) An amount equal to the sum of the amounts obtained when, for each community school where the district's students are enrolled, the district's per pupil amount received under division (F) of section 3317.029 of the Revised Code, as adjusted by any poverty-based assistance reduction factor of that community school, is multiplied by the number of the district's students enrolled in the community school who are identified as limited-English proficient.
The district's per pupil amount under division (F) of section 3317.029 of the Revised Code is the amount calculated under division (F)(1) or (2) of that section, times a multiple of 0.40 in fiscal year 2006 and 0.70 in fiscal year 2007.
(7) An amount equal to the sum of the amounts obtained when, for each community school where the district's students are enrolled, the district's per pupil amount received under division (G) of section 3317.029 of the Revised Code, as adjusted by any poverty-based assistance reduction factor of that community school, is multiplied by the sum of the following:
(a) The number of the district's students enrolled in grades one through twelve in that community school;
(b) One-half of the number of the district's students enrolled in kindergarten in that community school.
The district's per pupil amount under division (G) of section 3317.029 of the Revised Code is the district's amount per teacher calculated under division (G)(1) or (2) of that section divided by 17, times a multiple of 0.40 in fiscal year 2006 and 0.70 in fiscal year 2007.
(8) An amount equal to the sum of the amounts obtained when, for each community school where the district's students are enrolled, the district's per pupil amount received under divisions (H) and (I) of section 3317.029 of the Revised Code, as adjusted by any poverty-based assistance reduction factor of that community school, is multiplied by the sum of the following:
(a) The number of the district's students enrolled in grades one through twelve in that community school;
(b) One-half of the number of the district's students enrolled in kindergarten in that community school.
The district's per pupil amount under divisions (H) and (I) of section 3317.029 of the Revised Code is the amount calculated under each division divided by the district's formula ADM, as defined in section 3317.02 of the Revised Code.
(9) An amount equal to the per pupil state parity aid funding calculated for the school district under either division (C) or (D) of section 3317.0217 of the Revised Code multiplied by the sum of the number of students in grades one through twelve, and one-half of the number of students in kindergarten, who are entitled to attend school in the district and are enrolled in a community school as reported under division (B)(1) of this section.
(D) The department shall annually pay to a community school
established under
this chapter the sum of the amounts described in divisions (D)(1) to (7)(10) of this section. However, the department shall calculate and pay to each internet- or computer-based community school only the amounts described in divisions (D)(1) to (3) of this section. Furthermore, the sum of the payments to all community schools under divisions (D)(1), (2), and (4), (5), (6), and (7) to (10) of this section for the students entitled to attend school in any particular school district shall not exceed the sum of that district's SF-3 payment and its payment under sections 321.24 and 323.156 of the Revised Code. If the sum of the payments calculated under those divisions for the students entitled to attend school in a particular school district exceeds the sum of that district's SF-3 payment and its payment under sections 321.24 and 323.156 of the Revised Code, the department shall calculate and apply a proration factor to the payments to all community schools under those divisions for the students entitled to attend school in that district.
(1) An Subject to section 3314.085 of the Revised Code, an amount equal to the sum of the amounts obtained when
the number of students enrolled in grades one through twelve, plus
one-half of the kindergarten students in the school,
reported
under
divisions (B)(2)(a), (b), and (e) of
this
section who
are not
receiving special education and related services pursuant
to an
IEP for a handicap described in
section
3317.013
of the
Revised
Code
is
multiplied by the greater of the following:
(a) The community school's fiscal year 2005 base formula
amount,
as
adjusted by the fiscal year 2005 cost-of-doing-business factor of the
school
district in which the student is
entitled to attend school;
(b) The sum of (the community school's current base formula amount times the current cost-of-doing-business factor of the school district in which the student is entitled to attend school) plus the per pupil amount of the base funding supplements specified in divisions (C)(1) to (4) of section 3317.012 of the Revised Code.
(2) The Prior to fiscal year 2007, the greater of the following amount calculated under division (D)(2)(a) or (b) of this section, and in fiscal year 2007 and thereafter, the amount calculated under division (D)(2)(b) of this section:
(a) The aggregate amount that the department paid to the
community school in fiscal year 1999 for students receiving
special education
and related services
pursuant to IEPs, excluding
federal funds and state
disadvantaged
pupil impact aid funds;
(b) The sum of the amounts calculated under divisions
(D)(2)(b)(i) and (ii) of
this section:
(i) For
each student reported under division (B)(2)(c)
of
this section as enrolled in the school in
grades one through
twelve and receiving special education
and related services
pursuant to an IEP
for a handicap described in
section
3317.013
of the
Revised
Code, the following amount:
the greater of (the community school's fiscal year 2005 base formula amountX the fiscal year 2005 cost-of-doing-business factorof the district where the studentis entitled to attend school) or [(the school's current base formula amount times the current cost-of-doing-business factor of the school district where the student is entitled to attend school) plus the per pupil amount of the base funding supplements specified in divisions (C)(1) to (4) of section 3317.012 of the Revised Code] +(the applicable
special education
weight Xthe community school's base formula amount);(ii) For each student reported under division
(B)(2)(c)
of
this section as enrolled in kindergarten and receiving special
education and related services pursuant to an IEP for a
handicap
described in
section
3317.013
of the Revised
Code, one-half
of
the
amount calculated under the formula prescribed in division
(D)(2)(b)(i) of this section.
(3) An amount received from federal
funds to provide special
education and related services to students in the
community
school, as
determined by the superintendent of
public instruction.
(4)
For each student reported under division (B)(2)(d)
of
this section as enrolled in vocational education programs or
classes that
are described in section 3317.014 of the Revised
Code, are provided by the community school,
and are comparable as
determined by the superintendent of public instruction to
school
district vocational education programs and classes eligible for
state
weighted funding under section 3317.014 of the Revised Code,
an amount equal to the applicable
vocational education weight
times the community school's base formula amount
times the
percentage of time the student spends in the vocational education
programs or classes.
(5) An amount equal to the sum of the amounts obtained
when,
for each
school district where the community school's students are
entitled to attend
school,
the number of that district's students
enrolled in the community
school
who are included in the
district's DPIA poverty student count is
multiplied by the per pupil
amount of disadvantaged
pupil
impact
aid poverty-based assistance that school district
receives that year pursuant to
division
(B) or (C) of
section
3317.029 of the Revised Code, as
adjusted by
any DPIA poverty-based assistance reduction
factor of the community school.
The
per pupil
amount of
aid shall
be determined as described in
division
(C)(4) of this
section.
(6) An amount equal to the sum of the amounts obtained
when,
for
each school district where the community school's
students are
entitled to attend school, the district's per pupil
amount of aid
received under division (E) of section 3317.029 of
the
Revised
Code, as adjusted by any DPIA
poverty-based assistance reduction factor of the
community
school, is multiplied by the sum of the
following:
(a) The number of the district's students reported under
division
(B)(2)(a) of this section who are enrolled in grades one
to
three in
that community school and who are not receiving
special education and related
services pursuant to
an IEP;
(b) One-half of the district's students who are enrolled in
all-day or any other kindergarten class in that community school
and who are
not receiving special education and related
services
pursuant to an IEP;
(c) One-half of the district's students who are enrolled in
all-day kindergarten in that community school and who are not
receiving
special education and related services pursuant to an
IEP.
The district's per pupil amount of aid under division (E) of
section 3317.029 of the Revised Code shall be determined as
described in division (C)(5) of this section.
(7) An amount equal to the sum of the amounts obtained when, for each school district where the community school's students are entitled to attend school, the number of that district's students enrolled in the community school who are identified as limited-English proficient is multiplied by the district's per pupil amount received under division (F) of section 3317.029 of the Revised Code, as adjusted by any poverty-based assistance reduction factor of the community school.
The district's per pupil amount under division (F) of section 3317.029 of the Revised Code shall be determined as described in division (C)(6) of this section.
(8) An amount equal to the sum of the amounts obtained when, for each school district where the community school's students are entitled to attend school, the district's per pupil amount received under division (G) of section 3317.029 of the Revised Code, as adjusted by any poverty-based assistance reduction factor of the community school, is multiplied by the sum of the following:
(a) The number of the district's students enrolled in grades one through twelve in that community school;
(b) One-half of the number of the district's students enrolled in kindergarten in that community school.
The district's per pupil amount under division (G) of section 3317.029 of the Revised Code shall be determined as described in division (C)(7) of this section.
(9) An amount equal to the sum of the amounts obtained when, for each school district where the community school's students are entitled to attend school, the district's per pupil amount received under divisions (H) and (I) of section 3317.029 of the Revised Code, as adjusted by any poverty-based assistance reduction factor of the community school, is multiplied by the sum of the following:
(a) The number of the district's students enrolled in grades one through twelve in that community school;
(b) One-half of the number of the district's students enrolled in kindergarten in that community school.
The district's per pupil amount under divisions (H) and (I) of section 3317.029 of the Revised Code shall be determined as described in division (C)(8) of this section.
(10) An amount equal to the sum of the amounts obtained when, for each school district where the community school's students are entitled to attend school, the district's per pupil amount of state parity aid funding calculated under either division (C) or (D) of section 3317.0217 of the Revised Code is multiplied by the sum of the number of that district's students enrolled in grades one through twelve, and one-half of the number of that district's students enrolled in kindergarten, in the community school as reported under division (B)(2)(a) and (b) of this section.
(E)(1) If a community school's costs for a fiscal year for a
student
receiving special education and related services pursuant
to an
IEP for a handicap
described in
divisions (B) to
(F) of
section
3317.013 of the
Revised
Code
exceed the threshold
catastrophic cost for serving the student as specified in division
(C)(3)(b) of section 3317.022 of the Revised Code, the school may
submit
to the
superintendent of
public instruction documentation,
as
prescribed
by the
superintendent, of all its costs for that
student. Upon
submission of documentation for a student of the
type and in the
manner prescribed, the department shall pay to the
community
school an amount equal to the school's costs
for the
student in
excess of
the threshold catastrophic costs.
(2) The community school shall only report
under division
(E)(1) of this section, and the department
shall
only pay
for, the
costs of educational expenses and the
related
services
provided to
the student in accordance with the
student's
individualized
education program. Any legal fees, court
costs, or
other costs
associated with any cause of action relating
to the
student may
not be included in the amount.
(F) A community school may apply to the department of
education for
preschool handicapped or gifted unit funding the
school would receive if it were a school district. Upon request
of its
governing authority, a community school that received
unit
funding as a school district-operated school before it became a
community
school shall retain any units awarded to it as a school
district-operated
school provided the school continues to meet
eligibility standards for the
unit.
A community school shall be considered a school district
and
its governing authority shall be considered a board of
education
for the purpose of applying to any state or federal
agency for
grants that a school district may receive under
federal or state
law or any appropriations act of the general
assembly. The
governing authority of a community school may apply to any
private
entity for additional funds.
(G) A board of education sponsoring a community school may
utilize local funds to make enhancement grants to the school or
may agree,
either as part of the contract or separately, to
provide any specific services
to the community school at no cost
to the school.
(H) A community school may not levy taxes or issue bonds
secured by tax revenues.
(I) No community school shall charge tuition for the
enrollment of any student.
(J)(1)(a) A community school may borrow money to pay any
necessary
and actual
expenses of the school in anticipation of the
receipt
of any portion of the
payments to be received by the
school
pursuant to division (D) of this
section. The school may
issue
notes to evidence such borrowing. The
proceeds
of the notes shall be used only for the purposes for
which the
anticipated receipts may be lawfully expended by the
school.
(b) A school may also borrow money for a term not to
exceed
fifteen years for the purpose of acquiring facilities.
(2) Except for any amount guaranteed under section 3318.50 of
the Revised Code, the state is not liable for debt incurred by the
governing authority of a community school.
(K) For purposes of determining the
number of students for
which divisions
(D)(5) and
(6) of this section applies in
any
school year, a community school may submit to
the department
of
job and family services, no
later than the first day of
March,
a
list of the students enrolled in the
school. For each student
on
the list, the community school shall indicate the
student's
name,
address, and date of birth and the school district where the
student is entitled to attend school. Upon receipt of a list
under this
division, the department
of
job and family services
shall determine,
for each school district where one or more
students on the list is entitled
to attend school,
the
number
of
students residing in that school district who were included in the
department's report
under section 3317.10 of the Revised Code.
The
department shall make this
determination on the basis of
information readily available to it. Upon
making this
determination
and no later than ninety days after submission of
the list by the community
school, the department shall report to
the state department of education the
number of students on the
list who reside in each school
district who were included in the
department's report
under section 3317.10 of the Revised Code. In
complying with this division,
the department of job and family
services shall not report
to the state department of
education any
personally identifiable information on any student.
(L) The department
of education shall adjust the amounts
subtracted and paid under divisions (C) and (D) of this
section to
reflect any enrollment of students in community schools for less
than the equivalent of a full school year. The state board of
education within ninety
days after April 8, 2003, shall adopt in
accordance with Chapter 119. of the
Revised Code rules governing
the payments to community schools
under this section including
initial payments in a school year and
adjustments and reductions
made in subsequent periodic payments to
community schools and
corresponding deductions from school
district accounts as provided
under divisions (C) and (D) of this
section. For
purposes of this
section:
(1) A
student shall be considered enrolled in the community
school for any portion
of the school year the student is
participating at a college under
Chapter 3365. of the Revised
Code.
(2) A student shall be considered to be enrolled in a
community school during a school year for the period of time
between beginning on the later of the date on which the school both has received
documentation of the student's enrollment from a parent and the student has
commenced participation in learning opportunities as defined in
the contract with the sponsor, or thirty days prior to the date on which the student is entered into the education management information system established under section 3301.0714 of the Revised Code. For purposes of
applying this
division to a community school student, "learning
opportunities"
shall be defined in the contract, which shall
describe both
classroom-based and non-classroom-based learning
opportunities and
shall be in compliance with criteria and
documentation
requirements for student participation which shall
be established
by the department. Any student's instruction time
in
non-classroom-based learning opportunities shall be certified
by
an employee of the community school. A student's enrollment
shall
be considered to cease on the date on which any of the following
occur:
(a) The community school receives documentation from a
parent terminating enrollment of the student.
(b) The community school is provided documentation of a
student's enrollment in another public or private school.
(c) The community school ceases to offer learning
opportunities to the student pursuant to the terms of the contract
with the sponsor or the operation of any provision of this
chapter.
(3) A student's percentage of full-time equivalency shall
be considered to be the percentage the hours of learning
opportunity offered to that student is of nine hundred and twenty
hours. However, no internet- or computer-based community school shall be credited for any time a student spends participating in learning opportunities beyond ten hours within any period of twenty-four consecutive hours.
(M) The department of education shall reduce the amounts
paid
under division (D) of this section to reflect payments made
to
colleges under division (B) of section 3365.07 of the Revised
Code.
(N)(1)
No student shall be considered enrolled in any
internet-
or computer-based community school or, if applicable to the student, in any community school that is required to provide the student with a computer pursuant to division (C) of section 3314.22 of the Revised Code, unless both of the following conditions are satisfied:
(a) The student
possesses or
has been provided with all required hardware and
software
materials and all such materials are operational so that the student is capable of fully participating in the learning opportunities specified in the contract between the school and the school's sponsor as required by division (A)(23) of section 3314.03 of the Revised Code;
(b) The
school is in compliance with division (A)(1) or (2) of section
3314.032 3314.22 of the Revised Code, relative to such student.
(2) In
accordance with policies adopted jointly by the
superintendent
of
public instruction
and the auditor of state,
the
department
shall
reduce the amounts otherwise payable
under
division (D) of
this
section to any
internet- or
computer-based
community
school that
includes in its program the
provision of
computer
hardware and
software materials to each
any student, if such
hardware
and software
materials have not been
delivered,
installed, and
activated for
all students each such student in a timely manner or
other educational
materials or
services have not been provided
according to the
contract between
the individual community school
and its sponsor.
The superintendent of public instruction
and the auditor of
state shall jointly
establish a method for auditing any community
school to which this
division pertains to ensure compliance with
this section.
The superintendent, auditor of state, and the governor shall
jointly
make recommendations to the general assembly for
legislative
changes that may be required to assure fiscal and
academic
accountability for such
internet- or
computer-based
schools.
(O)(1) If the department determines that a review of a
community school's enrollment is necessary, such review shall be
completed and written notice of the findings shall be provided to
the governing authority of the community school and its sponsor
within ninety days of the end of the community school's fiscal
year, unless extended for a period not to exceed thirty additional
days for one of the following reasons:
(a) The department and the community school mutually agree
to the extension.
(b) Delays in data submission caused by either a community
school or its sponsor.
(2) If the review results in a finding that additional
funding is owed to the school, such payment shall be made within
thirty days of the written notice. If the review results in a
finding that the community school owes moneys to the state, the
following procedure shall apply:
(a) Within ten business days of the receipt of the notice of
findings, the community school may appeal the department's
determination to the state board of education or its designee.
(b) The board or its designee shall conduct an informal
hearing on the matter within thirty days of receipt of such an
appeal and shall issue a decision within fifteen days of the
conclusion of the hearing.
(c) If the board has enlisted a designee to conduct the
hearing, the designee shall certify its decision to the board.
The
board may accept the decision of the designee or may reject
the
decision of the designee and issue its own decision on the
matter.
(d) Any decision made by the board under this division is
final.
(3) If it is decided that the community school owes moneys
to the state, the department shall deduct such amount from the
school's future payments in accordance with guidelines issued by
the superintendent of public instruction.
Sec. 3314.084. (A) As used in this section:
(1) "Formula ADM" has the same meaning as in section 3317.03 of the Revised Code.
(2) "Home" has the same meaning as in section 3313.64 of the Revised Code.
(3) "School district of residence" has the same meaning as in section 3323.01 of the Revised Code; however, a community school established under this chapter is not a "school district of residence" for purposes of this section.
(B) Notwithstanding anything to the contrary in section 3314.08 or 3317.03 of the Revised Code, all of the following apply in the case of a child who is enrolled in a community school and is also living in a home:
(1) For purposes of the report required under division (B)(1) of section 3314.08 of the Revised Code, the child's school district of residence, and not the school district in which the home that the child is living in is located, shall be considered to be the school district in which the child is entitled to attend school. That school district of residence, therefore, shall make the report required under division (B)(1) of section 3314.08 of the Revised Code with respect to the child.
(2) For purposes of the report required under division (B)(2) of section 3314.08 of the Revised Code, the community school shall report the name of the child's school district of residence.
(3) The child's school district of residence shall count the child in that district's formula ADM.
(4) The school district in which the home that the child is living in is located shall not count the child in that district's formula ADM.
(5) The Department of Education shall deduct the applicable amounts prescribed under division (C) of section 3314.08 and division (D) of section 3314.13 of the Revised Code from the child's school district of residence and shall not deduct those amounts from the school district in which the home that the child is living in is located.
(6) The Department shall make the payments prescribed in divisions (D) and (E) of section 3314.08 and section 3314.13 of the Revised Code, as applicable, to the community school.
Sec. 3314.085. (A) In each fiscal year beginning in fiscal year 2007, each internet- or computer-based community school shall spend for pupil instruction at least the amount per pupil designated in division (B)(1) of section 3317.012 of the Revised Code as the amount for base classroom teachers. For this purpose, expenditures for pupil instruction include expenditures for teachers, curriculum, academic materials other than computers, and any other instructional purposes designated in the rules adopted under this section. Expenditures to provide the computer hardware and filtering software required by sections 3314.21 and 3314.22 of the Revised Code do not qualify as pupil instruction for purposes of this section.
(B) Beginning in fiscal year 2007, each internet- or computer-based community school annually shall report data to the department of education concerning its expenditures for pupil instruction. Each school shall report the data in the form and manner required by the department.
(C) If the department determines, after offering the school an opportunity for a hearing in accordance with Chapter 119. of the Revised Code, that an internet- or computer-based community school has failed in any fiscal year to comply with division (A) or (B) of this section, the department shall assess a fine against the school equivalent to the greater of the following:
(1) Five per cent of the total state payments to the school under this chapter for the fiscal year in which the failure occurred;
(2) The difference between the amount the department determines the school was required to have spent for pupil instruction and the amount the department determines the school actually spent for pupil instruction.
The department's methods of collecting the fine may include withholding state payments under this chapter in the current or subsequent fiscal year.
The department may cancel a fine it has imposed under this section if the school submits a plan for coming into compliance with the requirements of this section that the department approves, and the school demonstrates to the department's satisfaction that it is implementing the plan.
(D) The superintendent of public instruction shall adopt rules in accordance with Chapter 119. of the Revised Code specifying expenditures that qualify as expenditures for pupil instruction for purposes of this section.
Sec. 3314.12. On or before the first day of November each year, the sponsor of each community school established under this chapter shall submit to the department of education, in accordance with guidelines adopted by the department for purposes of this section, a report that describes the special education and related services provided by that school to enrolled students during the previous fiscal year and the school's expenditures for those services.
Sec. 3314.13. (A) As used in this section:
(1)
"All-day kindergarten"
has the same meaning as in
section
3317.029 of
the
Revised Code.
(2)
"Formula amount" has the same meaning as in section
3317.02 of the Revised Code.
(B) The Except as provided in division (C) of this section, the department of education annually shall pay each
community school
established under this chapter one-half of the
formula
amount for each student to whom both of the following
apply:
(1) The student is entitled to attend school under section
3313.64 or
3313.65 of the Revised Code in a school district that
is
eligible to receive a payment under division (D) of section
3317.029
of the Revised Code if it provides all-day kindergarten;
(2) The student is reported by the community school
as enrolled
in
all-day
kindergarten at the community school.
(C) The department shall make no payments under this section to any internet- or computer-based community school.
(D) If a student for whom payment
is made under division (B)
of this section is entitled to
attend school in a district that
receives any payment
for all-day kindergarten under division (D)
of section 3317.029 of the
Revised Code, the department shall
deduct the payment to the community school under this section
from
the amount paid that school district under that division.
If that
school district does not receive payment for all-day
kindergarten
under that division because it does not provide all-day
kindergarten, the department shall pay the community school from
state
funds appropriated generally for disadvantaged pupil impact
aid poverty-based assistance to school districts.
(D)(E) The department shall
adjust the amounts deducted from
school districts and paid to
community schools under this section
to reflect any enrollments
of students in all-day kindergarten in
community schools for
less than the equivalent of a full school
year.
Sec. 3314.031 3314.21. (A) As used in this section:
(1) "Harmful to juveniles" has the same meaning as in
section 2907.01 of the Revised Code.
(2) "Obscene" has the same meaning as in division (F) of
section 2907.01 of the Revised Code as that division has been
construed by the supreme court of this state.
(3) "Teacher of record" means a teacher who is responsible for the overall academic development and achievement of a student and not merely the student's instruction in any single subject.
(B)(1)It is the intent of the general assembly that teachers
employed by internet- or computer-based community schools conduct
visits with their students in person throughout the school year .
(2) Each internet- or computer-based community school shall retain an affiliation with at least one full-time teacher of record licensed in accordance with division (A)(10) of section 3314.03 of the Revised Code.
(3) Each student enrolled in an internet- or computer-based community school shall be assigned to at least one teacher of record. No teacher of record shall be primarily responsible for the academic development and achievement of more than one hundred twenty-five students enrolled in the internet- or computer-based community school that has retained that teacher.
(C) For any internet- or computer-based community school,
the
contract between the sponsor and the governing authority of
the
school described in section 3314.03 of the Revised Code shall
specify each of the following:
(1) A requirement that the school use a filtering device or
install filtering software
that protects against internet access
to materials that are
obscene or harmful to juveniles on each
computer provided to
students for instructional use. The school
shall provide such
device or software at no cost to any student
who works primarily from the
student's residence on a computer
obtained from a source other
than the school.
(2) A plan for fulfilling the intent of the general assembly specified in division (B)(1) of this section. The plan shall
indicate the number of times teachers will visit each student
throughout the school year and the manner in which those visits
will be conducted.
(3) That the school will set up a central base of operation
and the sponsor will maintain a representative within fifty miles
of that base of operation to provide monitoring and assistance.
Sec. 3314.032 3314.22. (A)(1) Each child enrolled in an internet- or
computer-based community school is entitled to a computer supplied
by the school. In no case shall an internet- or computer-based community school provide a stipend or other substitute to an enrolled child or the child's parent in lieu of supplying a computer to the child. The prohibition contained in the preceding sentence is intended to clarify the meaning of this division as it existed prior to the effective date of this amendment and is not intended to change that meaning in any way.
(2) Notwithstanding division (A)(1) of this section, if
more
than one child living in a single household residence is enrolled in an
internet- or computer-based community school, at the option of the
parent of those children, the school may supply less than one
computer per child, as long as at least one computer is supplied
to the household residence. The parent may amend the decision to accept
less than one computer per child anytime during the school year,
and, in such case, within thirty days after the parent notifies
the school of such amendment, the school shall provide any
additiona1 computers requested by the parent up to the number
necessary to comply with division (A)(1) of this section.
(B) Each internet- or computer-based community school shall
provide to each parent who is considering enrolling the parent's
child in the school and to the parent of each child already
enrolled in the school a written notice of the provisions
prescribed in divisions (A)(1) and (2) of this section.
(C) If a community school that is not an internet- or computer-based community school provides any of its enrolled students with nonclassroom-based learning opportunities provided via an internet- or other computer-based instructional method and requires such students to participate in any of those learning opportunities from their residences, the school shall be subject to this section and division (C)(1) of section 3314.21 of the Revised Code relative to each such student in the same manner as an internet- or computer-based community school, unless both of the following conditions apply to the student:
(1) The nonclassroom-based learning opportunities in which the student is required to participate from the student's residence are supplemental in nature or do not constitute a significant portion of the total classroom-based and nonclassroom-based learning opportunities provided to the student by the school;
(2) The student's residence is equipped with a computer available for the student's use.
Sec. 3314.034 3314.24. (A) On or after July 1, 2004, no internet- or computer-based community school shall enter into a contract with a nonpublic school to use or rent any facility space at the nonpublic school for the provision of instructional services to students enrolled in the internet- or computer-based community school.
(B) If, on or after July 1, 2004, an internet- or computer-based community school has a contract with a nonpublic school as described in division (A) of this section, the department of education shall not make any payments under section 3314.08 of the Revised Code to the internet- or computer-based community school for any student who is enrolled in the internet- or computer-based community school and receives any instructional services from the internet- or computer-based community school at the nonpublic school.
Sec. 3314.25. Each internet- or computer-based community school shall provide its students a location within a fifty-mile radius of the student's residence at which to complete the statewide achievement tests and diagnostic assessments prescribed under sections 3301.079 and 3301.0710 of the Revised Code.
Sec. 3314.26. (A) Each internet- or computer-based community school shall withdraw from the school any student who, for two consecutive school years, has failed to participate in the spring administration of any test prescribed under section 3301.0710 or 3301.0712 of the Revised Code for the student's grade level and was not excused from the test pursuant to division (C)(1) or (3) of section 3301.0711 of the Revised Code. The school shall report any such student's data verification code, as assigned pursuant to section 3301.0714 of the Revised Code, to the department of education. The department shall maintain a list of all data verification codes reported under this division and section 3313.6410 of the Revised Code and provide that list to each internet- or computer-based community school and to each school to which section 3313.6410 of the Revised Code applies.
(B) No internet- or computer-based community school shall receive any state funds under this chapter for any enrolled student whose data verification code appears on the list maintained by the department under division (A) of this section.
Notwithstanding any provision of the Revied Code to the contrary, the parent of any such student shall pay tuition to the internet- or computer-based community school in an amount equal to the state funds the school otherwise would receive for that student, as determined by the department. An internet- or computer-based community school may withdraw any student for whom the parent does not pay tution as required by this division.
Sec. 3314.27. No student enrolled in an internet- or computer-based community school may participate in more than ten hours of learning opportunities in any period of twenty-four consecutive hours. Any time such a student participates in learning opportunities beyond the limit prescribed in this section shall not count toward the annual minimum number of hours required to be provided to that student as prescribed in division (A)(11)(a) of section 3314.03 of the Revised Code. If any internet- or computer-based community school requires its students to participate in learning opportunities on the basis of days rather than hours, one day shall consist of a minimum of five hours of such participation.
Sec. 3314.28. (A) Each internet- or computer-based community school established under this chapter shall submit to the school's sponsor a plan for providing special education and related services to disabled students enrolled in the school in accordance with division (A)(1) or (2) of this section.
(1) If the school was established prior to the effective date of this section, the plan shall be submitted to the sponsor on or before September 1, 2005, and on or before the first day of September in each year thereafter that the school is in operation.
(2) If the school is established after the effective date of this section, the plan shall be submitted to the sponsor prior to the school's receipt of its first payment under this chapter and on or before the first day of September in each year thereafter that the school is in operation.
(B) Within thirty days after receiving the plan prescribed in division (A) of this section, the sponsor of each internet- or computer-based community school shall certify all of the following to the department of education:
(1) A statement of whether the plan received is satisfactory to the sponsor;
(2) If the plan received is not satisfactory to the sponsor, the sponsor's assurance that it will promptly assist the school in developing a plan that is satisfactory to the sponsor;
(3) The sponsor's assurance that it will monitor the implementation of the plan;
(4) The sponsor's assurance that it will take any necessary corrective action to ensure that the school's plan is properly and fully implemented.
(C) The department shall develop guidelines for the content and format of the plan required under this section.
Sec. 3314.35. (A) This section applies to any community school established under this chapter that meets one or more of the following criteria:
(1) The school is declared to be in need of continuous improvement, under an academic watch, or in a state of academic emergency pursuant to section 3302.03 of the Revised Code.
(2) The school has not been in operation for at least two full school years.
(3) The school does not offer any grade level for which an achievement test is prescribed under section 3301.0710 of the Revised Code or the number of students enrolled in each grade level offered by the school for which an achievement test is prescribed is too small to yield statistically reliable data about student performance, as determined by the department of education.
(B) Beginning in the 2006-2007 school year, each community school to which this section applies shall administer a reading and mathematics assessment approved by the department in the fall and spring of the school year to each student who is enrolled in any of grades one through twelve to measure the academic progress made by students during the school year. For each grade level, the community school shall administer the same assessment in the spring that the school administers in the fall.
(C) Each community school that administers the assessments required by division (B) of this section shall be responsible for all costs associated with the administration and scoring of the assessments. Each community school shall report the scores of all students taking the assessments to the department in a manner prescribed by the department.
(D) The department shall establish a list of nationally normed assessments in reading and mathematics that it approves for use by community schools under this section. The department may approve assessments in other subject areas, but no community school shall be required to administer an assessment in a subject area other than reading or mathematics under this section.
(E) The sponsor of any community school to which this section does not apply may elect to have the school administer reading and mathematics assessments in accordance with this section.
Sec. 3314.36. (A) Not later than July 1, 2006, the state board of education shall adopt rules establishing reasonable standards for expected gains in student achievement between the fall and spring administrations of the reading and mathematics assessments administered under section 3314.35 of the Revised Code and for expected gains in the graduation rate.
(B) Any community school that is declared to be under an academic watch or in a state of academic emergency pursuant to section 3302.03 of the Revised Code after July 1, 2006, or to which division (A)(3) of section 3314.35 of the Revised Code applies shall be subject to division (C) of this section beginning the next school year if either of the following apply to the school:
(1) The percentage of the school's total student population showing the expected gains in student achievement established under division (A) of this section on the reading or mathematics assessments administered most recently under section 3314.35 of the Revised Code is less than fifty-five per cent.
(2) The school offers a high school diploma but is not showing the expected gains in the graduation rate established under division (A) of this section.
A community school that has been in operation for one school year shall not be subject to division (C) of this section.
(C)(1) In the first school year that a community school is subject to division (C) of this section, if the school is an internet- or computer-based community school, the school shall not enroll any students in excess of the number of students the school enrolled at the conclusion of the preceding school year.
(2) In the second consecutive school year that a community school is subject to division (C) of this section, if the school is an internet- or computer-based community school, the school shall do both of the following:
(a) Continue to comply with division (C)(1) of this section;
(b) Withdraw from the school at the conclusion of the school year any student for whom any of the following conditions apply, unless the student's parent agrees to pay tuition to the school in an amount equal to the state funds the school otherwise would receive for that student as determined by the department of education:
(i) For two consecutive school years, the student has taken the reading and mathematics assessments administered under section 3314.35 of the Revised Code but has failed to show the expected gains in student achievement established under division (A) of this section for both reading and mathematics.
(ii) For two consecutive school years, the student has not taken one or more of the reading and mathematics assessments described in division (C)(2)(b)(i) of this section.
(iii) For one of two consecutive school years, the student took the reading and mathematics assessments described in division (C)(2)(b)(i) of this section but failed to show the expected gains in student achievement also described in that division for both reading and mathematics, and, for the other school year, the student did not take one or more of those assessments.
After the conclusion of the school year, the school shall not receive state funds for any student who is required to be withdrawn or for whom tuition is owed under division (C)(2)(b) of this section.
(3) In the third consecutive school year that any community school is subject to division (C) of this section, the following shall apply:
(a) If the school is an internet- or computer-based community school, the school shall continue to comply with division (C)(1)(a) of this section.
(b) The school shall be permanently closed at the conclusion of the school year.
(D) The sponsor of any community school that is declared to be in need of continuous improvement, effective, or excellent pursuant to section 3302.03 of the Revised Code and offers one or more grade levels for which an achievement test is prescribed under section 3301.0710 of the Revised Code may elect to evaluate the performance of the school in accordance with division (B) of this section, provided the school administers reading and mathematics assessments under section 3314.35 of the Revised Code. If the sponsor so elects, the evaluation method shall be used for a minimum of three school years and shall be specified in the contract required by section 3314.03 of the Revised Code. Nothing in this division requires the sponsor of a community school that elects to evaluate the school in accordance with division (B) of this section to take any action specified in division (C) of this section, unless the contract requires such action.
(E) In calculating the gains in student achievement demonstrated by a community school for the purposes of division (B) of this section, the department shall include the scores of all students who participated in the fall and spring administrations of the assessments administered under section 3314.35 of the Revised Code. If the school's participation rate for any grade level is less than ninety per cent, the department shall calculate the gains in academic achievement demonstrated by the students in that grade level as if the participation rate was ninety per cent by assuming a score of zero for each student that it is necessary to add to the participation rate to make that rate equal ninety per cent.
Sec. 3315.17. (A) The
board of education of each city,
exempted village, local, and
joint vocational school district
shall establish a textbook and
instructional materials fund. Each
board annually
shall deposit into that fund
an amount derived
from revenues received by
the district for
operating expenses
that
is equal to three per cent of the formula amount
for the preceding
fiscal year, as defined in section 3317.02 of the Revised Code, or
another
percentage if established by the auditor of state under
division (C)
of this section, multiplied by
the district's student
population for the preceding fiscal year.
Money in the fund shall
be used solely for
textbooks, instructional software, and
instructional materials,
supplies, and equipment. Any money in
the fund that is not used
in any fiscal year shall carry forward
to the next fiscal
year.
(B)(1) Notwithstanding division (A) of this section, if in a
fiscal year
a district board deposits in the textbook and
instructional
materials fund an amount of money greater than the
amount required
to be deposited by this section or the rules
adopted under
division (C) of this section, the board may deduct
the excess
amount of money from the amount of money required to be
deposited in
succeeding fiscal years.
(2) Notwithstanding division (A) of this section, in any year a district is in fiscal emergency status as declared pursuant to section 3316.03 of the Revised Code, the district may deposit an amount less than required by division (A) of this section, or make no deposit, into the district textbook and instructional materials fund for that year.
(3) Notwithstanding division (A) of this section, in any fiscal year that a school district is either in fiscal watch status, as declared pursuant to section 3316.03 of the Revised Code, or in fiscal caution status, as declared pursuant to section 3316.031 of the Revised Code, the district may apply to the superintendent of public instruction for a waiver from the requirements of division (A) of this section, under which the district may be permitted to deposit an amount less than required by that division or permitted to make no deposit into the district textbook and instructional materials fund for that year. The superintendent may grant a waiver under division (B)(3) of this section if the district demonstrates to the satisfaction of the superintendent that compliance with division (A) of this section that year will create an undue financial hardship on the district.
(4) Notwithstanding division (A) of this section, not more often than one fiscal year in every three consecutive fiscal years, any school district that does not satisfy the conditions for the exemption described in division (B)(2) of this section or the conditions to apply for the waiver described in division (B)(3) of this section may apply to the superintendent of public instruction for a waiver from the requirements of division (A) of this section, under which the district may be permitted to deposit an amount less than required by that division or permitted to make no deposit into the district textbook and instructional materials fund for that year. The superintendent may grant a waiver under division (B)(4) of this section if the district demonstrates to the satisfaction of the superintendent that compliance with division (A) of this section that year will necessitate the reduction or elimination of a program currently offered by the district that is critical to the academic success of students of the district and that no reasonable alternatives exist for spending reductions in other areas of operation within the district that negate the necessity of the reduction or elimination of that program.
(C) The state
superintendent of public instruction and the
auditor of state
jointly shall adopt rules in accordance with
Chapter 119. of the
Revised Code defining what constitutes
textbooks, instructional software, and instructional materials,
supplies, and equipment for which money in a school district's
textbook and instructional materials fund may be used. The
auditor of state also may designate a
percentage, other
than
three
per cent, of
the formula amount multiplied by the
district's
student population that
must be
deposited into the
fund.
(D) Notwithstanding
division (A) of this section, a
district
board of education in any fiscal year may appropriate
money in the
district textbook and instructional materials fund
for purposes
other than those permitted by that division if both
of the
following occur during that fiscal year:
(1) All of the following certify to the district board in
writing
that the district has sufficient textbooks, instructional
software, and instructional materials, supplies, and equipment
to
ensure a thorough and efficient education within the
district:
(a) The district superintendent;
(b) In districts required to have a business advisory
council, a
person designated by vote of the business advisory
council;
(c) If the district teachers are represented by an
exclusive
bargaining representative for purposes of
Chapter 4117. of the
Revised
Code, the president of that
organization or the
president's designee.
(2) The district board adopts, by unanimous vote of all
members of the board, a resolution stating that the district has
sufficient textbooks, instructional software, and instructional
materials, supplies, and equipment to ensure a thorough and
efficient education within the district.
(E) Notwithstanding any provision to the contrary in
Chapter
4117. of the Revised Code, the requirements of this section
prevail
over any
conflicting provisions of agreements between
employee organizations and public
employers entered into on or
after
November 21, 1997.
(F) As used in this section and in section 3315.18 of the
Revised Code,
"student
population" means the average, daily,
full-time-equivalent number of students
in kindergarten
through
twelfth grade
receiving any educational services from the school
district during the first
full school week in October, excluding
students enrolled in adult
education classes, but including all of
the following:
(1) Adjacent or other district students enrolled in the
district
under an open enrollment policy pursuant to section
3313.98 of the
Revised Code;
(2) Students receiving services in the district pursuant to
a
compact, cooperative education agreement, or a contract, but who
are
entitled to attend school in another district pursuant to
section
3313.64 or 3313.65 of the Revised Code;
(3) Students for whom tuition is payable pursuant to
sections
3317.081 and 3323.141 of the Revised Code.
The department of education shall determine a district's
student population
using data reported to it under section 3317.03
of the Revised Code for the applicable fiscal
year.
Sec. 3315.18. (A) The board of education of each city,
exempted village, local, and joint vocational school district
shall establish a capital and maintenance fund. Each
board
annually shall deposit
into that fund an amount derived from
revenues received by the district
that would otherwise
have been
deposited in the general fund
that is equal to three per cent of
the formula amount
for the preceding fiscal year, as defined in
section 3317.02 of the Revised Code, or another
percentage if
established by the auditor of state under division (B)
of this
section, multiplied by
the district's student population for the
preceding fiscal year,
except that money
received from a permanent
improvement levy authorized by section
5705.21 of the Revised Code
may replace general revenue moneys in
meeting the requirements of
this section. Money in the fund
shall be used solely for
acquisition, replacement, enhancement, maintenance,
or repair of
permanent improvements, as that term is defined in
section 5705.01
of the Revised Code. Any money in the fund that
is not used in
any fiscal year shall carry forward to the next
fiscal year.
(B) The state superintendent of public instruction and
the
auditor of state jointly shall adopt rules in accordance
with
Chapter 119. of the Revised Code defining what constitutes
expenditures permitted by division (A) of this section.
The
auditor of state may
designate a percentage, other than three per
cent, of
the formula amount multiplied by the district's
student
population that must be deposited into the fund.
(C) Within its capital and maintenance fund, a school
district board
of education may establish a separate account
solely for the
purpose of depositing funds transferred from the
district's
reserve balance account established under former
division (H) of
section 5705.29 of the Revised Code. After
the
effective
date of this amendment
April 10, 2001, a board may deposit all or part
of the funds formerly
included in such reserve balance account in
the separate account established
under this section. Funds
deposited in this separate account and interest on
such
funds
shall be utilized solely for the purpose of providing the
district's portion of the basic project costs of any project
undertaken in accordance with Chapter 3318. of the Revised
Code.
(D) (1) Notwithstanding division (A) of this section, in any year a district is in fiscal emergency status as declared pursuant to section 3316.03 of the Revised Code, the district may deposit an amount less than required by division (A) of this section, or make no deposit, into the district capital and maintenance fund for that year.
(2) Notwithstanding division (A) of this section, in any fiscal year that a school district is either in fiscal watch status, as declared pursuant to section 3316.03 of the Revised Code, or in fiscal caution status, as declared pursuant to section 3316.031 of the Revised Code, the district may apply to the superintendent of public instruction for a waiver from the requirements of division (A) of this section, under which the district may be permitted to deposit an amount less than required by that division or permitted to make no deposit into the district capital and maintenance fund for that year. The superintendent may grant a waiver under division (D)(2) of this section if the district demonstrates to the satisfaction of the superintendent that compliance with division (A) of this section that year will create an undue financial hardship on the district.
(3) Notwithstanding division (A) of this section, not more often than one fiscal year in every three consecutive fiscal years, any school district that does not satisfy the conditions for the exemption described in division (D)(1) of this section or the conditions to apply for the waiver described in division (D)(2) of this section may apply to the superintendent of public instruction for a waiver from the requirements of division (A) of this section, under which the district may be permitted to deposit an amount less than required by that division or permitted to make no deposit into the district capital and maintenance fund for that year. The superintendent may grant a waiver under division (D)(3) of this section if the district demonstrates to the satisfaction of the superintendent that compliance with division (A) of this section that year will necessitate the reduction or elimination of a program currently offered by the district that is critical to the academic success of students of the district and that no reasonable alternatives exist for spending reductions in other areas of operation within the district that negate the necessity of the reduction or elimination of that program.
(E) Notwithstanding any provision to the contrary in
Chapter
4117. of the Revised Code, the requirements of this section
prevail
over any conflicting provisions of agreements between
employee organizations
and public employers entered into after
November 21, 1997.
Sec. 3315.37. The board of education of a school district
may establish a teacher education loan program and may expend
school funds for the program. The program shall be for the
purpose of making loans to students who are residents of the
school district or graduates of schools in the school district,
who are enrolled in teacher preparation programs at institutions
approved by the state board pursuant to section 3319.23 of the
Revised Code, and who indicate an intent to teach in the school
district providing the loan. The district board may forgive the
obligation to repay any or all of the principal and interest on
the loan if the borrower teaches in that school district.
The district board shall adopt rules establishing
eligibility criteria, application procedures, procedures for
review of applications, loan amounts, interest, repayment
schedules, conditions under which principal and interest
obligations incurred under the program will be forgiven, and any
other matter incidental to the operation of the program.
The board may contract with a private, nonprofit
foundation, one or more institutions of higher education, or
other educational agencies to administer the program.
The receipt of a loan under this section does not affect a
student's eligibility for assistance, or the amount of such
assistance, granted under section 3315.33, 3333.12, 3333.122, 3333.22,
3333.26, 3333.27, 5910.04, or 5919.34 of the Revised Code, but
the board's rules may provide for taking such assistance into
consideration when determining a student's eligibility for a loan
under this section.
Sec. 3316.043. Upon the approval by the superintendent of public instruction of an initial financial plan under section 3316.04 of the Revised Code or a financial recovery plan under section 3316.06 of the Revised Code, the board of education of the school district for which the plan was approved shall revise the district's five-year projection of revenues and expenditures in accordance with rules adopted under section 5705.391 of the Revised Code so that the five-year projection is consistent with the financial plan or financial recovery plan. In the case of a school district declared to be in a state of fiscal emergency, the five-year projection shall be revised by the financial planning and supervision commission for that district.
Sec. 3316.06. (A) Within one hundred twenty days after the
first meeting of a school district financial planning and
supervision
commission, the commission shall adopt a financial
recovery plan regarding the
school district for which the
commission was created. During the formulation
of the plan, the
commission shall seek appropriate input from the school
district
board and from the community. This plan shall contain the
following:
(1) Actions to be taken to:
(a) Eliminate all fiscal emergency conditions declared
to
exist pursuant to division (B) of section 3316.03 of the Revised
Code;
(b) Satisfy any judgments, past-due accounts payable, and
all past-due and payable payroll and fringe benefits;
(c) Eliminate the deficits in all deficit funds, except that any prior year deficits in the textbook and instructional materials fund established pursuant to section 3315.17 of the Revised Code and the capital and maintenance fund established pursuant to section 3315.18 of the Revised Code shall be forgiven;
(d) Restore to special funds any moneys from such funds that
were
used for purposes not within the
purposes of such funds, or
borrowed from such funds
by the purchase of debt obligations of
the school district with the
moneys of such funds, or missing from
the special funds and not accounted for,
if any;
(e) Balance the budget, avoid future deficits in any
funds,
and maintain on a current basis payments of payroll, fringe
benefits,
and all accounts;
(f) Avoid any fiscal emergency condition in the future;
(g) Restore the ability of the school district to market
long-term general obligation bonds under provisions of law
applicable to school districts generally.
(2) The management structure that will enable the school
district to
take the actions enumerated in division (A)(1) of this
section. The plan shall specify the level of fiscal and
management control
that the commission will exercise within the
school district during the period
of fiscal emergency, and shall
enumerate respectively, the powers and duties
of the commission
and the powers and duties of the school board during that
period.
The commission may elect to assume any of the powers and duties of
the school board it considers necessary, including all powers
related to
personnel, curriculum, and legal issues in order to
successfully implement the
actions described in division (A)(1) of
this section.
(3) The target dates for the commencement, progress
upon,
and completion of the actions enumerated in
division (A)(1) of
this section and a reasonable period of time
expected to be
required to implement the plan. The commission shall prepare a
reasonable time schedule for progress toward and
achievement of
the requirements for the plan, and the
plan shall be consistent
with that time schedule.
(4) The amount and purpose of any issue of debt
obligations
that will be issued, together with assurances that
any such debt
obligations that will be issued will not exceed
debt limits
supported by appropriate certifications by the fiscal
officer of
the school district and the county auditor. Debt obligations
issued pursuant to section 133.301 of the Revised Code shall
include
assurances that such debt shall be in an amount not to
exceed the amount
certified under division (B) of such section.
If
the
commission
considers it
necessary in order to maintain or
improve educational opportunities of pupils
in the school
district, the plan may include a proposal to restructure or
refinance outstanding debt obligations incurred by the board under
section
3313.483 of the Revised Code contingent upon
the approval,
during the period of the fiscal emergency, by district voters of
a
tax levied under section 718.09, 718.10, 5705.194, 5705.21,
5748.02, or
5748.08 of
the Revised Code, that is not a renewal or
replacement levy and that
will provide new operating revenue.
Notwithstanding any provision of
Chapter 133.
or sections 3313.483
to 3313.4811 of the Revised Code,
following the
required approval
of the district voters and with the approval of the
commission,
the school district may issue securities to evidence the
restructuring or refinancing. Those securities may extend the
original period for repayment, not to exceed ten years, and
may
alter
the frequency and amount of repayments, interest or other
financing charges, and other terms of agreements under which the
debt
originally was contracted, at the discretion of the
commission, provided that
any loans received pursuant to section
3313.483 of the Revised Code shall be
paid from funds the district
would otherwise receive under sections 3317.022
to 3317.025 of the
Revised Code, as required under division (E)(3) of section
3313.483 of the Revised Code. The securities issued for the
purpose of
restructuring or refinancing the debt shall be repaid
in equal payments and at
equal intervals over the term of the debt
and are not eligible to be included
in any subsequent proposal for
the purpose of restructuring or refinancing
debt under this
section.
(B) Any financial recovery plan may be amended subsequent to
its
adoption. Each financial recovery plan shall be updated
annually.
(C) Each school district financial planning and supervision
commission shall submit the financial recovery plan it adopts or
updates under
this section to the state
superintendent of public
instruction for approval immediately
following its adoption or
updating. The state superintendent
shall evaluate the plan and
either approve or disapprove it within
thirty calendar days from
the date of its submission. If the
plan is disapproved, the state
superintendent shall recommend
modifications that will render it
acceptable. No financial
planning and supervision commission
shall implement a financial
recovery plan that is adopted or
updated on or after
the effective
date of this amendment
April 10, 2001, unless
the state superintendent has
approved it.
Sec. 3316.16. (A) A school district financial planning and
supervision commission, with respect to its functions
under this chapter, shall continue in existence until such time
as a determination is made under division (B) of this
section that all of the following have occurred:
(1) An effective financial accounting and
reporting system in accordance with section 3316.10 of the Revised Code
is in the process of being implemented, and it is reasonably expected that
this implementation will be completed within two years.
(2) All of the fiscal emergency conditions determined pursuant to division
(B) of section 3316.03 of the Revised Code have been corrected or eliminated,
and no new fiscal emergency conditions have occurred.
(3) The objectives of the financial recovery plan described in
section 3316.06 of the Revised Code are being met.
(4) The school district board has prepared a financial forecast for a
five-year period in accordance with the standards issued by the
auditor of state and an opinion has been rendered by the auditor of state that
the financial forecast is considered to be nonadverse. The forecast shall display the district's projected compliance with sections 3315.17 and 3315.18 of the Revised Code beginning in the year the commission is proposed for termination.
(B) The determination that all conditions listed in division
(A) of this section for the
termination of the existence of the commission and its functions
exist may be made either by the auditor of state or by the
commission and shall be certified to the commission, the auditor
of state, the governor, the director of budget and management, and the budget
commission, whereupon such
commission and its functions under this chapter shall terminate. This
determination shall be made by the auditor of state upon the
filing with the auditor of state of a written request for
such a determination by the school district board,
the governor, or the commission, or may be made
by the auditor of state upon the auditor of state's own
initiative.
(C) The commission shall prepare and submit at the time of such
certification a final report of its activities, in such form as
is appropriate for the purpose of providing a record of its
activities and assisting other commissions created under this
chapter in the conduct of their functions. All of the books and
records of the commission shall be delivered to the auditor of
state for retention and safekeeping.
(D) Upon receipt of the certification provided for in
division (B) of this section, the director of budget and management
shall follow the
procedures set forth in section 126.29 of the Revised Code.
(E) If, at the time of termination of the commission, an
effective financial accounting and reporting system has not been
fully implemented, the auditor of state shall monitor the
progress of implementation and shall exercise authority under this section and
Chapter 117. of the Revised Code to secure
full implementation at the earliest time feasible but within two
years after such termination.
Sec. 3317.01. As used in this section and section 3317.011
of the Revised Code,
"school district," unless otherwise
specified, means any city, local, exempted village, joint
vocational, or cooperative education school district and
any
educational service center.
This chapter shall be administered by the state board of
education. The superintendent of public instruction shall
calculate the amounts payable to each school district and shall
certify the amounts payable to each eligible district to the
treasurer of the district as provided by this chapter. As soon as possible after such amounts are calculated, the superintendent shall certify to the treasurer of each school district the district's adjusted charge-off amount, as defined in section 5705.211 of the Revised Code, for the fiscal year for which those amounts are computed and for the fiscal year preceding that fiscal year. A separate certification of the adjusted charge-off amounts is not required if the certification of other amounts computed under this chapter indicates those adjusted charge-off amounts. No moneys
shall be distributed pursuant to this chapter without the
approval
of the controlling board.
The state board of education shall, in accordance with
appropriations made by the general assembly, meet the financial
obligations of this chapter.
Annually, the department of education shall calculate and
report to each
school district the district's total state and
local funds for providing an
adequate basic education to the
district's nonhandicapped students, utilizing
the determination in
section 3317.012 of the Revised Code. In addition, the
department
shall
calculate and report separately for each school district the
district's total
state and local funds for providing an adequate
education for its handicapped
students, utilizing the
determinations in both sections 3317.012 and 3317.013
of the
Revised Code.
Not later than the thirty-first day of August of each fiscal
year,
the department of education shall provide to each school
district and
county MR/DD board a preliminary estimate of the
amount of funding
that the department calculates the district will
receive under each of
divisions (C)(1) and
(4) of section
3317.022
of the Revised Code. No later
than the first day of
December of
each fiscal year, the department shall
update that
preliminary
estimate.
Moneys distributed pursuant to this chapter shall be
calculated and paid on a fiscal year basis, beginning with the
first day of July and extending through the thirtieth day of
June.
The moneys appropriated for each fiscal year shall be
distributed
at least monthly to each school district unless
otherwise provided
for. The state board shall submit a yearly
distribution plan to
the controlling board at its
first meeting in July. The state
board shall submit any proposed midyear
revision of the plan to
the controlling
board in January. Any year-end revision of the
plan shall be submitted to
the controlling board in June. If
moneys appropriated for each
fiscal year are distributed other
than monthly, such distribution
shall be on the same basis for
each school district.
The total amounts paid each month shall constitute, as
nearly
as possible, one-twelfth of the total amount payable for
the
entire year. Payments
Until fiscal year 2006, payments made during the first six months of
the
fiscal year may be based on an estimate of the amounts
payable for
the entire year. Payments made in the last six
months shall be
based on the final calculation of the amounts
payable to each
school district for that fiscal year. Payments
made in the last
six months may be adjusted, if necessary, to
correct the amounts
distributed in the first six months, and to
reflect enrollment
increases when such are at least three per
cent. Except
Beginning in fiscal year 2006, payments shall be calculated to reflect the biannual reporting of average daily membership. In fiscal year 2006 and in each fiscal year thereafter, payments for July through December shall be based on student counts certified pursuant to section 3317.03 of the Revised Code for the first full week in October, and payments for January through June shall be based on the average of student counts certified pursuant to that section for the first full week of the previous October and the third full week in February.
Except as
otherwise provided, payments under this chapter
shall be made only
to those school districts in which:
(A) The school district, except for any
educational service
center and any joint
vocational or cooperative education school
district, levies for
current operating expenses at least twenty
mills.
Levies for
joint vocational or cooperative education
school districts or
county school financing districts, limited to
or to the extent
apportioned to current expenses, shall be
included in this
qualification requirement. School district
income tax levies
under Chapter 5748. of the Revised Code, limited
to or to the
extent apportioned to current operating expenses,
shall be
included in this qualification requirement to the extent
determined by the tax commissioner under division (D) of
section
3317.021 of the Revised Code.
(B) The school year next preceding the fiscal year for
which
such payments are authorized meets the requirement of
section
3313.48 or 3313.481 of the Revised Code, with regard to
the
minimum number of days or hours school must be open for
instruction with pupils in attendance, for individualized
parent-teacher conference and reporting periods, and for
professional meetings of teachers. This requirement shall be
waived by the superintendent of public instruction if it had been
necessary for a school to be closed because of disease epidemic,
hazardous weather conditions, inoperability of school buses or
other equipment
necessary to the school's operation, damage to a
school building, or
other temporary circumstances due to utility
failure rendering
the school building unfit for school use,
provided that for those
school districts operating pursuant to
section 3313.48 of the
Revised Code the number of days the school
was actually open for
instruction with pupils in attendance and
for individualized
parent-teacher conference and reporting periods
is not less than
one hundred seventy-five, or for those school
districts operating
on a trimester plan the number of days the
school was actually
open for instruction with pupils in attendance
not less than
seventy-nine days in any trimester, for those school
districts
operating on a quarterly plan the number of days the
school was
actually open for instruction with pupils in attendance
not less
than fifty-nine days in any quarter, or for those school
districts operating on a pentamester plan the number of days the
school was actually open for instruction with pupils in
attendance
not less than forty-four days in any pentamester.
A school district shall not be considered to have failed to
comply with this division or section 3313.481 of the Revised Code
because schools were open for instruction but either twelfth
grade
students were excused from attendance for up to three days
or only
a portion of the kindergarten students were in attendance
for up
to three days in order to allow for the gradual
orientation to
school of such students.
The superintendent of public instruction shall waive the
requirements of this section with reference to the minimum number
of days or hours school must be in session with pupils in
attendance for the school year succeeding the school year in
which
a board of education initiates a plan of operation pursuant
to
section 3313.481 of the Revised Code. The minimum
requirements of
this section shall again be applicable to such a
district
beginning with the school year commencing the second
July
succeeding the initiation of one such plan, and for each
school
year thereafter.
A school district shall not be considered to have failed to
comply with
this division or section 3313.48 or 3313.481 of the
Revised Code because
schools were open for instruction but the
length of the regularly scheduled
school day, for any number of
days during the school year, was reduced by not
more than two
hours due to hazardous weather conditions.
(C) The school district has on file, and is paying in
accordance with, a teachers' salary schedule
which complies with
section 3317.13 of the Revised Code.
A board of education or governing board of an educational
service center which
has not conformed with other law
and the
rules pursuant thereto, shall not participate in the
distribution
of funds authorized by sections 3317.022 to
3317.0211, 3317.11,
3317.16, 3317.17, and 3317.19 of the Revised
Code, except for good
and sufficient reason established to the
satisfaction of the state
board of education and the state
controlling board.
All funds allocated to school districts under this chapter,
except those specifically allocated for other purposes, shall be
used to pay current operating expenses only.
Sec. 3317.012. (A) The general assembly, having deliberated on the model with which to calculate the base cost of an adequate education per pupil, has made a policy decision to calculate that amount as consisting of the following building blocks:
(1) Base classroom teachers;
(2) Other personnel support, which includes additional teachers, such as music, arts, and physical education teachers funded by state, local, or federal funds or other funds that are above the base cost funding level, and other school personnel including administrators;
(3) Nonpersonnel support.
This model reflects policy decisions made by the general assembly concerning the cost of base classroom teachers, which decisions entail two policy variables: the number of students per base classroom teacher necessary for an adequate education and the average compensation for a base classroom teacher necessary for an adequate education. The model requires the general assembly to decide the amount of other personnel support necessary for an adequate education, and increase that amount from year to year by the same percentage as it increases the average compensation for base classroom teachers. The model finally requires the general assembly to decide the nonpersonnel costs necessary for an adequate education and to inflate the nonpersonnel costs from year to year using the projected inflationary measure for the gross domestic product deflator (all items) prepared by the bureau of labor statistics of the United States department of labor.
(B)(1) For fiscal year 2006, the general assembly has resolved that a ratio of one base classroom teacher per twenty students is necessary for an adequate education. The general assembly has made a policy decision that the average compensation for base classroom teachers is $53,680 for fiscal year 2006, which includes an amount for the value of fringe benefits. For fiscal year 2007, the general assembly has resolved that a ratio of one base classroom teacher per twenty students is necessary for an adequate education. The general assembly has made a policy decision that the average compensation for base classroom teachers is $54,941, which includes an amount for the value of fringe benefits. Based on a ratio of twenty students per base classroom teacher, these amounts equal $2,684 per pupil in fiscal year 2006 and $2,747 per pupil in fiscal year 2007.
(2) The general assembly has made a policy decision that the per pupil cost of salary and benefits of other personnel support is $1,807 in fiscal year 2006. Based on the percentage increase for the average compensation of base classroom teachers from fiscal year 2006 to fiscal year 2007, the per pupil cost of other personnel support is $1,850 in fiscal year 2007.
(3) The general assembly has made a policy decision that the per pupil cost of nonpersonnel support is $792 in fiscal year 2006 and $806 in fiscal year 2007. The amount for fiscal year 2007 reflects the projected inflationary measure for the gross domestic product deflator (all items) of 1.80%.
(4) Based on the determinations specified in divisions (B)(1) to (3) of this section, the per-pupil base cost is $5,283 in fiscal year 2006 and $5,403 in fiscal year 2007.
(C) In addition to the per-pupil base cost as determined under divisions (A) and (B) of this section, the general assembly determines that the following base funding supplements shall be paid to each school district:
(1) Base funding for large-group academic intervention for all students, based on 25 hours per group of students per year at an hourly rate of $20.00 in fiscal year 2006 and $20.40 in fiscal year 2007, as follows:
large-group intervention units X 25 hours X hourly rate
(a) "Large-group intervention units" equals the district's formula ADM divided by 20;
(b) "Hourly rate" equals $20.00 in fiscal year 2006 and $20.40 in fiscal year 2007.
(2) Base funding for professional development, phased in according to the following formula:
district's teacher factor X 0.045 X
formula amount X phase-in percentage
(a) For each school district, the district's "teacher factor" is the district's formula ADM divided by 17;
(b) "Phase-in percentage" equals 0.25 in fiscal year 2006 and 0.75 in fiscal year 2007.
(3) Base funding for data-based decision making, calculated according to the following formula:
0.001 X formula amount X formula ADM
(4) Base funding for professional development regarding data-based decision making, calculated according to the following formula:
(0.20 X the district's teacher factor X 0.08 X formula amount) + (the district's principal factor X
0.08 X formula amount)
(a) For each school district, the district's "teacher factor" is the district's formula ADM divided by 17;
(b) For each school district, the district's "principal factor" is the district's formula ADM divided by 340.
(D) The general assembly intends that school districts spend the state funds calculated and paid for each component of the building blocks methodology described in divisions (B)(1) to (3) and (C)(1) to (4) of this section according to the purposes described in those divisions.
Sec. 3317.013. This section does not apply to
handicapped
preschool students.
Analysis of special education cost data has resulted in a
finding that the average special education additional
cost per
pupil, including
the costs of related services, can be expressed
as a multiple of the base cost
per pupil
calculated under section
3317.012 of the Revised Code. The
multiples for the following
categories of special education
programs, as these programs are
defined for purposes of Chapter
3323. of the Revised Code,
and
adjusted as provided in this section, are as
follows:
(A)
A multiple of 0.2892 for students whose primary or only
identified handicap is a speech and language handicap, as this
term is defined pursuant to Chapter 3323. of the Revised Code;
(B) A multiple of
0.3691 for students identified as
specific
learning disabled or
developmentally
handicapped, as
these terms are defined pursuant
to Chapter 3323.
of
the Revised
Code, or other health
handicapped-minor;
(C) A multiple of
1.7695 for students identified as
hearing
handicapped,
vision
impaired,
or severe behavior handicapped, as
these
terms
are defined pursuant to
Chapter 3323. of the Revised
Code;
(D) A multiple of 2.3646 for students identified as
orthopedically handicapped, as this
term is defined pursuant to
Chapter 3323. of the Revised Code or other health handicapped -
major;
(E) A multiple of 3.1129 for students identified as
multihandicapped, as
this term is defined pursuant to Chapter
3323. of the Revised
Code;
(F) A multiple of 4.7342 for students identified as
autistic,
having traumatic brain injuries, or as both visually
and hearing disabled, as these terms are
defined
pursuant to
Chapter 3323. of the Revised Code.
In fiscal year 2004, the multiples specified in divisions (A)
to (F) of this section shall be adjusted by multiplying them by
0.88. In fiscal year years 2005, 2006, and 2007, the multiples specified in those
divisions shall be adjusted by multiplying them by 0.90.
Not later than the thirtieth day of May 30, in 2004, and May 30, 2005, 2006, and 2007, the department shall submit to the office of budget and management a report that specifies for each city, local, exempted village, and joint vocational school district the fiscal year allocation of the state and local shares of special education and related services additional weighted funding and federal special education funds passed through to the district.
Sec. 3317.016. In addition to its form SF-3, or any successor to that form, the department of education shall publish on its web site a spreadsheet for each school district that specifies the constituent components of the district's "building blocks" funds, as follows:
(A) For compensation of base classroom teachers, as described in division (B)(1) of section 3317.012 of the Revised Code, each spreadsheet shall specify the district's aggregate and per pupil amounts of state funds and of combined state and local funds, the average compensation decided by the general assembly for base classroom teachers, as specified in that division, and the number of base classroom teachers attributable to the district based on the student-teacher ratio decided by the general assembly, as specified in that division.
(B) Each spreadsheet shall specify the district's aggregate and per pupil amounts of state funds and of combined state and local funds for each of the following:
(1) Other personnel support, as described in division (B)(2) of section 3317.012 of the Revised Code;
(2) Nonpersonnel support, as described in division (B)(3) of that section;
(3) Academic intervention services, as described in division (C)(1) of that section;
(4) Professional development, as described in division (C)(2) of that section;
(5) Data-based decision making, as described in division (C)(3) of that section;
(6) Professional development for data-based decision making, as described in division (C)(4) of that section.
(C) Each spreadsheet shall separately specify the district's aggregate and per pupil state funds for each of the following components of poverty-based assistance under section 3317.029 of the Revised Code:
(1) Poverty-based assistance guarantee payment under division (B) of that section;
(2) Academic intervention funding under division (C) of that section;
(3) All-day kindergarten under division (D) of that section;
(4) Class-size reduction under division (E) of that section;
(5) Services to limited English proficient students under division (F) of that section;
(6) Professional development, under division (G) of that section;
(7) Dropout prevention under division (H) of that section;
(8) Community outreach under division (I) of that section.
Sec. 3317.017. (A) Not later than July 1, 2006, the superintendent of public instruction shall adopt a rule under which the superintendent may issue an order with respect to the spending, by a school district declared to be under an academic watch or in a state of academic emergency under section 3302.03 of the Revised Code, of the following state building block funds intended to pay instructional-related costs:
(1) State funds for compensation of base classroom teachers, as described in division (B)(1) of section 3317.012 of the Revised Code;
(2) State funds for academic intervention services under division (C)(1) of section 3317.012 and division (C) of section 3317.029 of the Revised Code;
(3) State funds for professional development under divisions (C)(2) and (4) of section 3317.012 and division (G) of section 3317.029 of the Revised Code;
(4) State funds for data based decision making under division (C)(3) of section 3317.012 of the Revised Code;
(5) The poverty-based assistance guarantee payment under division (B) of section 3317.029 of the Revised Code;
(6) State funds for all-day kindergarten under division (D) of section 3317.029 of the Revised Code;
(7) State funds for class-size reduction under division (E) of section 3317.029 of the Revised Code;
(8) State funds for services to limited English proficient students under division (F) of section 3317.029 of the Revised Code;
(9) State funds for dropout prevention under division (H) of section 3317.029 of the Revised Code;
(10) State funds for community outreach under division (I) of section 3317.029 of the Revised Code.
(B) The rule shall authorize the superintendent of public instruction to issue an order that does one or a combination of the following:
(1) Requires the school district to periodically report to the superintendent of public instruction on its spending of the state funds paid for each building blocks component described in divisions (A)(1) to (10) of this section;
(2) Requires the district to establish a separate account for each of the building blocks components described in divisions (A)(1) to (10) of this section to which the district shall credit the state funds paid for each;
(3) Directs the district's spending of any or all of the state funds paid for the components described in divisions (A)(1) to (10) of this section in accordance with the descriptions and requirements of sections 3317.012 and 3317.029 of the Revised Code.
(C) The rule shall specify situations in which the superintendent may issue an order and the types of orders the superintendent will issue for each of those situations. The rule, however, shall authorize the superintendent to issue orders in situations that are not enumerated or described in the rule.
(D) The board of education of each school district to which the superintendent of public instruction issues an order pursuant to the rule adopted under this section shall comply with that order.
Sec. 3317.02. As used in this chapter:
(A) Unless otherwise specified,
"school district" means
city,
local, and exempted village school districts.
(B)
"Formula amount" means the base cost for the fiscal year
specified in division (B)(4) of section 3317.012 of the
Revised Code.
(C)
"FTE basis" means a
count of students based on full-time
equivalency, in accordance
with rules adopted by the department of
education pursuant to
section 3317.03 of the Revised Code. In
adopting its rules under this
division, the department shall
provide for
counting any student in category one, two,
three,
four, five, or six
special
education ADM or in category one or two
vocational
education
ADM in the same proportion the student is
counted in
formula ADM.
(D)(1)
"Formula
ADM" means, for a city, local, or exempted
village school
district, the number reported pursuant to
division
(A) of section 3317.03 of the Revised Code, and for a joint
vocational school district, the number reported pursuant to
division
(D) of that section 3317.03 of the Revised Code. Beginning in fiscal year 2006, for payments in which formula ADM is a factor, for the months of July through December, formula ADM means the number reported in October of that year, and for the months of January through June, formula ADM means the average of the numbers reported in the previous October and in February.
(2)(E)
"Three-year average formula ADM" means the average of
formula ADMs for the
current and preceding two fiscal years.
However, as applicable in
fiscal years 1999 and 2000, the
three-year average for city, local, and
exempted village school
districts shall be determined utilizing the
FY 1997 ADM or FY 1998
ADM in lieu of
formula ADM for fiscal year 1997 or 1998. In
fiscal years 2000
and 2001, the three-year average for joint
vocational school districts shall
be determined utilizing the
average daily membership reported in fiscal years
1998 and 1999
under division (D) of section 3317.03 of the Revised Code in lieu
of
formula ADM for fiscal years 1998 and 1999.
(E)
"FY 1997 ADM" or
"FY 1998 ADM" means the school
district's
average daily membership reported for the applicable
fiscal year
under the version of division (A) of section 3317.03
of the
Revised Code in effect during that
fiscal year, adjusted as
follows:
(1) Minus the average daily membership of
handicapped
preschool children;
(2) Minus one-half of the average daily
membership attending
kindergarten;
(3) Minus three-fourths of the
average daily membership
attending a joint vocational school
district;
(4) Plus the average daily membership entitled under
section
3313.64 or 3313.65 of the Revised
Code to attend school in the
district but receiving educational services in
approved units from
an educational
service center or another school district under a
compact or a
cooperative education agreement, as determined by the
department;
(5) Minus the average daily membership receiving educational
services from the district in approved units but entitled under
section
3313.64 or 3313.65 of the Revised Code to attend school in
another school
district, as determined by the department.
(F)(1)
"Category one
special education ADM" means
the
average
daily membership of handicapped children receiving
special
education services for
the handicap
specified in
division (A)
of
section 3317.013 of the
Revised Code and reported
under
division
(B)(5) or
(D)(2)(b) of section 3317.03 of the
Revised
Code.
(2)
"Category two
special education ADM" means
the average
daily membership of handicapped children receiving
special
education services for those handicaps specified in
division (B)
of section 3317.013 of the Revised Code and reported under
division (B)(6) or (D)(2)(c) of section 3317.03 of
the Revised
Code.
(3)
"Category three special education ADM" means
the average
daily membership of students receiving special
education services
for
those handicaps specified in division (C) of section 3317.013
of the Revised Code, and
reported
under division
(B)(7) or
(D)(2)(d) of section 3317.03 of
the
Revised Code.
(4)
"Category four special
education ADM" means the average
daily membership of students
receiving special education services
for those handicaps specified
in division (D) of section 3317.013
of the Revised Code and
reported under division (B)(8) or
(D)(2)(e) of section 3317.03 of
the Revised Code.
(5) "Category five special education ADM" means the average
daily membership of students receiving special education services
for the handicap specified in division (E) of section 3317.013
of
the Revised Code and reported under division (B)(9) or
(D)(2)(f)
of section 3317.03 of the Revised Code.
(6) "Category six special education ADM" means the average
daily membership of students receiving special education services
for the handicap specified in division (F) of section 3317.013
of
the Revised Code and reported under division (B)(10) or
(D)(2)(g)
of section 3317.03 of the Revised Code.
(7) "Category one vocational education ADM"
means the
average
daily membership of students receiving vocational
education
services described in division (A) of section 3317.014
of the
Revised Code and reported under division (B)(11) or
(D)(2)(h)
of
section 3317.03 of the Revised Code.
(8)
"Category two vocational education ADM" means the
average
daily membership of students receiving vocational
education
services
described in division (B) of section 3317.014
of the
Revised Code and reported
under division (B)(12) or
(D)(2)(i) of
section
3317.03 of the Revised Code.
Beginning in fiscal year 2006, for payments in which category one through six special education ADM or category one or two vocational education ADM is a factor, for the months of July through December, those terms mean the numbers as described in division (F)(1) through (8) of this section, respectively, reported in October of that year, and for the months of January through June, those terms mean the average of the numbers as described in division (F)(1) through (8) of this section, respectively, reported in the previous October and in February.
(G)
"Handicapped preschool child" means a
handicapped child,
as defined in section 3323.01 of the
Revised Code, who is at least
age three
but is not of compulsory school age, as defined in
section
3321.01 of the Revised Code, and who is not currently
enrolled in
kindergarten.
(H)
"County MR/DD board" means a county
board of mental
retardation and developmental
disabilities.
(I)
"Recognized valuation" means the
amount calculated for a
school district pursuant to section
3317.015 of the Revised Code.
(J)
"Transportation ADM" means the number of
children
reported under division
(B)(13) of section 3317.03 of the
Revised
Code.
(K)
"Average efficient transportation use cost per
student"
means a statistical representation of
transportation costs as
calculated under division (D)(2) of section 3317.022 of the
Revised Code.
(L)
"Taxes charged and payable" means the taxes charged
and
payable against real and public utility property after making
the
reduction required by section 319.301 of the Revised Code,
plus
the taxes levied against tangible personal property.
(M)
"Total taxable value" means the sum
of the amounts
certified for a city, local, exempted village, or
joint vocational
school district under divisions (A)(1) and (2)
of section 3317.021
of the Revised Code.
(N)
"Cost-of-doing-business factor" means the amount
indicated in this division (N)(1) or (2) of this section for the county in which a city,
local,
exempted village, or joint vocational school district is located.
If a
city, local, or exempted village school
district is located
in
more than one county,
the factor is the amount indicated for
the
county to which the
district is assigned by the state
department
of education. If a joint
vocational school district is
located in
more than one county, the factor is
the amount
indicated for the
county in which the joint vocational school with
the greatest
formula ADM operated by the district is
located.
(1) In fiscal year 2006, the cost-of-doing-business factor for each county is:
|
|
COST-OF-DOING-BUSINESS |
|
COUNTY |
FACTOR AMOUNT |
|
Adams |
1.0035 1.00233 |
|
Allen |
1.0206 1.01373 |
|
Ashland |
1.0297 1.01980 |
|
Ashtabula |
1.0397 1.02647 |
|
Athens |
1.0014 1.00093 |
|
Auglaize |
1.0247 1.01647 |
|
Belmont |
1.0064 1.00427 |
|
Brown |
1.0177 1.01180 |
|
Butler |
1.0646 1.04307 |
|
Carroll |
1.0137 1.00913 |
|
Champaign |
1.0446 1.02973 |
|
Clark |
1.0447 1.02980 |
|
Clermont |
1.0541 1.03607 |
|
Clinton |
1.0329 1.02193 |
|
Columbiana |
1.0214 1.01427 |
|
Coshocton |
1.0173 1.01153 |
|
Crawford |
1.0164 1.01093 |
|
Cuyahoga |
1.0626 1.04173 |
|
Darke |
1.0338 1.02253 |
|
Defiance |
1.0146 1.00973 |
|
Delaware |
1.0528 1.03520 |
|
Erie |
1.0388 1.02587 |
|
Fairfield |
1.0366 1.02440 |
|
Fayette |
1.0319 1.02127 |
|
Franklin |
1.0608 1.04053 |
|
Fulton |
1.0330 1.0220 |
|
Gallia |
1.0000 1.00000 |
|
Geauga |
1.0501 1.03340 |
|
Greene |
1.0444 1.02960 |
|
Guernsey |
1.0066 1.00440 |
|
Hamilton |
1.0750 1.05000 |
|
Hancock |
1.0215 1.01433 |
|
Hardin |
1.0356 1.02373 |
|
Harrison |
1.0074 1.00493 |
|
Henry |
1.0318 1.02120 |
|
Highland |
1.0148 1.00987 |
|
Hocking |
1.0188 1.01253 |
|
Holmes |
1.0178 1.01187 |
|
Huron |
1.0293 1.01953 |
|
Jackson |
1.0138 1.00920 |
|
Jefferson |
1.0073 1.00487 |
|
Knox |
1.0279 1.01860 |
|
Lake |
1.0524 1.03493 |
|
Lawrence |
1.0081 1.00540 |
|
Licking |
1.0381 1.02540 |
|
Logan |
1.0385 1.02567 |
|
Lorain |
1.0515 1.03433 |
|
Lucas |
1.0390 1.02600 |
|
Madison |
1.0488 1.03253 |
|
Mahoning |
1.0346 1.02307 |
|
Marion |
1.0306 1.02040 |
|
Medina |
1.0536 1.03573 |
|
Meigs |
1.0026 1.00173 |
|
Mercer |
1.0203 1.01353 |
|
Miami |
1.0411 1.02740 |
|
Monroe |
1.0050 1.00333 |
|
Montgomery |
1.0453 1.03020 |
|
Morgan |
1.0089 1.00593 |
|
Morrow |
1.0301 1.02007 |
|
Muskingum |
1.0127 1.00847 |
|
Noble |
1.0073 1.00487 |
|
Ottawa |
1.0486 1.03240 |
|
Paulding |
1.0115 1.00767 |
|
Perry |
1.0160 1.01067 |
|
Pickaway |
1.0391 1.02607 |
|
Pike |
1.0103 1.00687 |
|
Portage |
1.0472 1.03147 |
|
Preble |
1.0442 1.02947 |
|
Putnam |
1.0216 1.01440 |
|
Richland |
1.0199 1.01327 |
|
Ross |
1.0151 1.01007 |
|
Sandusky |
1.0321 1.02140 |
|
Scioto |
1.0012 1.00080 |
|
Seneca |
1.0223 1.01487 |
|
Shelby |
1.0278 1.01853 |
|
Stark |
1.0255 1.01700 |
|
Summit |
1.0542 1.03613 |
|
Trumbull |
1.0351 1.02340 |
|
Tuscarawas |
1.0089 1.00593 |
|
Union |
1.0500 1.03333 |
|
Van Wert |
1.0133 1.00887 |
|
Vinton |
1.0095 1.00633 |
|
Warren |
1.0658 1.04387 |
|
Washington |
1.0060 1.00400 |
|
Wayne |
1.0348 1.02320 |
|
Williams |
1.0228 1.01520 |
|
Wood |
1.0360 1.02400 |
|
Wyandot |
1.0171 1.01140 |
(2) In fiscal year 2007, the cost-of-doing-business factor for each county is:
|
|
COST-OF-DOING-BUSINESS |
|
COUNTY |
FACTOR AMOUNT |
|
Adams |
1.00117 |
|
Allen |
1.00687 |
|
Ashland |
1.00990 |
|
Ashtabula |
1.01323 |
|
Athens |
1.00047 |
|
Auglaize |
1.00823 |
|
Belmont |
1.00213 |
|
Brown |
1.00590 |
|
Butler |
1.02153 |
|
Carroll |
1.00457 |
|
Champaign |
1.01487 |
|
Clark |
1.01490 |
|
Clermont |
1.01803 |
|
Clinton |
1.01097 |
|
Columbiana |
1.00713 |
|
Coshocton |
1.00577 |
|
Crawford |
1.00547 |
|
Cuyahoga |
1.02087 |
|
Darke |
1.01127 |
|
Defiance |
1.00487 |
|
Delaware |
1.01760 |
|
Erie |
1.01293 |
|
Fairfield |
1.01220 |
|
Fayette |
1.01063 |
|
Franklin |
1.02027 |
|
Fulton |
1.01100 |
|
Gallia |
1.00000 |
|
Geauga |
1.01670 |
|
Greene |
1.01480 |
|
Guernsey |
1.00220 |
|
Hamilton |
1.02500 |
|
Hancock |
1.00717 |
|
Hardin |
1.01187 |
|
Harrison |
1.00247 |
|
Henry |
1.01060 |
|
Highland |
1.00493 |
|
Hocking |
1.00627 |
|
Holmes |
1.00593 |
|
Huron |
1.00977 |
|
Jackson |
1.00460 |
|
Jefferson |
1.00243 |
|
Knox |
1.00930 |
|
Lake |
1.01747 |
|
Lawrence |
1.00270 |
|
Licking |
1.01270 |
|
Logan |
1.01283 |
|
Lorain |
1.01717 |
|
Lucas |
1.01300 |
|
Madison |
1.01627 |
|
Mahoning |
1.01153 |
|
Marion |
1.01020 |
|
Medina |
1.01787 |
|
Meigs |
1.00087 |
|
Mercer |
1.00677 |
|
Miami |
1.01370 |
|
Monroe |
1.00167 |
|
Montgomery |
1.01510 |
|
Morgan |
1.00297 |
|
Morrow |
1.01003 |
|
Muskingum |
1.00423 |
|
Noble |
1.00243 |
|
Ottawa |
1.01620 |
|
Paulding |
1.00383 |
|
Perry |
1.00533 |
|
Pickaway |
1.01303 |
|
Pike |
1.00343 |
|
Portage |
1.01573 |
|
Preble |
1.01473 |
|
Putnam |
1.00720 |
|
Richland |
1.00663 |
|
Ross |
1.00503 |
|
Sandusky |
1.01070 |
|
Scioto |
1.00040 |
|
Seneca |
1.00743 |
|
Shelby |
1.00927 |
|
Stark |
1.00850 |
|
Summit |
1.01807 |
|
Trumbull |
1.01170 |
|
Tuscarawas |
1.00297 |
|
Union |
1.01667 |
|
Van Wert |
1.00443 |
|
Vinton |
1.00317 |
|
Warren |
1.02193 |
|
Washington |
1.00200 |
|
Wayne |
1.01160 |
|
Williams |
1.00760 |
|
Wood |
1.01200 |
|
Wyandot |
1.00570 |
(O)
"Tax exempt value" of a school district means the
amount
certified for a school district under division (A)(4) of
section
3317.021 of the Revised Code.
(P)
"Potential value" of a school district means the
recognized valuation of a school district plus
the tax
exempt
value
of
the district.
(Q)
"District median income" means the median Ohio
adjusted
gross income certified for a school district. On or before the
first
day of July of each year, the tax commissioner shall certify
to the
department of education for each city, exempted village,
and local school
district the median Ohio adjusted gross income of
the residents of
the school district determined on the basis of
tax returns filed for the
second preceding tax year by the
residents of the district.
(R)
"Statewide median income" means the median district
median
income of all city, exempted village, and local school
districts in the state.
(S)
"Income factor" for a city, exempted village, or local
school
district means the quotient obtained by dividing that
district's median income
by the statewide median income.
(T)
"Medically fragile
child" means a child to whom all of
the following apply:
(1) The child requires the services of a doctor of medicine
or osteopathic medicine at least once a week due to the
instability of the child's medical condition.
(2) The child requires the services of a registered nurse
on
a daily basis.
(3) The child is at risk of institutionalization in a
hospital, skilled nursing facility, or intermediate care facility
for the mentally retarded.
(U) A child may be identified as "other health
handicapped-major" if the child's condition meets the definition
of "other health impaired" established in rules adopted by the
state board of education prior to
July 1, 2001, and if either of the following apply:
(1) The child is identified as having a medical condition
that is among those listed by the superintendent of public
instruction as conditions where a substantial majority of cases
fall within the definition of "medically fragile child." The
superintendent of public instruction shall issue an initial list
no later than September 1, 2001.
(2) The child is determined by the superintendent of public
instruction to be a medically fragile child. A school district
superintendent may petition the superintendent of public
instruction for a determination that a child is a medically
fragile child.
(V) A child may be identified as "other health
handicapped-minor" if the child's condition meets the definition
of "other health impaired" established in rules adopted by the
state board of education prior to
July 1, 2001, but the child's condition does not meet
either of the
conditions specified in division (U)(1) or (2) of
this section.
(W) "SF-3 payment" means the sum of the payments to a school district in a fiscal year under divisions (A), (C)(1), (C)(4), (D), (E), and (F) of section 3317.022, divisions (J), (P), and (R) of section 3317.024, and sections 3317.029, 3317.0216, 3317.0217, 3317.04, 3317.05, 3317.052, and 3317.053 of the Revised Code after making the adjustments required by sections 3313.981 and 3313.979 of the Revised Code, divisions (B), (C), (D), (E), (K), (L), (M), (N), and (O) of section 3317.023, and division (C) of section 3317.20 of the Revised Code.
(X) "Property exemption value" means zero in fiscal year 2006, and in fiscal year 2007 and each fiscal year thereafter, the amount certified for a school district under divisions (A)(6) and (7) of section 3317.021 of the Revised Code.
Sec. 3317.021. (A) On or before the first day of June of
each year, the tax commissioner shall certify to the department
of
education the following information for each city, exempted
village, and local school district, and the information required
by divisions (A)(1) and (2) of this section for each joint
vocational school district, and it shall be used, along with the
information certified under division (B) of this section, in
making the computations for the district under
sections
3317.022
and 3317.0217 or
section 3317.16 of the Revised Code:
(1) The taxable value of real and public utility real
property in the school district subject to taxation in the
preceding tax year, by class and by county of location;
(2) The taxable value of tangible personal property,
including public utility personal property, subject to taxation
by
the district for the preceding tax year;
(3)(a) The total property tax rate and total taxes charged
and payable for the current expenses for the preceding tax year
and the total property tax rate and the total taxes charged and
payable to a joint vocational district for the preceding tax year
that are limited to or to the extent apportioned to current
expenses;
(b) The portion of the amount of taxes charged and payable
reported for each city, local, and exempted village school
district under
division (A)(3)(a) of this section attributable to
a
joint vocational school district.
(4) The value of all real and public utility real property
in the school district exempted from taxation minus both of the
following:
(a) The value of real and public utility real property in
the district owned by the United States government and used
exclusively for a public purpose;
(b) The value of real and public utility real property in
the district exempted from taxation under Chapter 725. or 1728. or
section
3735.67, 5709.40, 5709.41, 5709.62, 5709.63, 5709.632,
5709.73, or 5709.78 of
the Revised Code.
(5) The total
federal adjusted gross income of the
residents
of the school
district, based on tax returns filed by
the
residents of the
district, for the most recent year for which
this
information is
available;
(6) The aggregate value of real property in the school district exempted from taxation pursuant to an ordinance adopted by the legislative authority of a municipal corporation under division (C) of section 5709.40 of the Revised Code or pursuant to a resolution adopted by a board of township trustees or board of county commissioners under division (C) of section 5709.73 or division (B) of section 5709.78 of the Revised Code, respectively, but not including payments in lieu of taxes provided under division (D)(1) of section 5709.40, division (D)(1) of section 5709.73, or division (C)(1) of section 5709.78 of the Revised Code, respectively, as indicated on the list of exempted property for the preceding tax year under section 5713.08 of the Revised Code and as if such property had been assessed for taxation that year, minus the following amounts:
(a) The aggregate value of the improvements to parcels of real property in the school district exempted from taxation pursuant to such ordinance or resolution, if the ordinance or resolution is adopted prior to January 1, 2006, and the legislative authority or board of township trustees or county commissioners, prior to January 1, 2006, executes a contract or agreement with a developer, whether for-profit or not-for-profit, with respect to the development of a project undertaken or to be undertaken and identified in the ordinance or resolution, and upon which parcels such project is being, or will be, undertaken;
(b) The product determined by multiplying (i) the aggregate value of the improvements to parcels of real property in the school district exempted from taxation pursuant to any such ordinance or resolution, minus the aggregate value of any improvement excluded pursuant to division (A)(6)(a) of this section, by (ii) a fraction, the numerator of which is the difference between (I) the amount of anticipated revenue such school district would have received in the preceding fiscal year if the real property exempted from taxation pursuant to such ordinance or resolution had not been exempted from taxation and (II) the aggregate amount of payments and other compensation received in the preceding fiscal year by the school district pursuant to all agreements between the school district and a legislative authority or board of township trustees or county commissioners that were entered into in relation to such ordinance or resolution, and the denominator of which is the amount of anticipated revenue such school district would have received in the preceding fiscal year if the real property exempted from taxation pursuant to such ordinance or resolution had not been exempted from taxation;
(c) The aggregate value of the improvements to parcels of real property in the school district exempted from taxation pursuant to such ordinance or resolution, if and to the extent that, on or before April 1, 2006, the fiscal officer of the municipal corporation that adopted the ordinance, or of the township or county that adopted the resolution, certifies and provides appropriate supporting documentation to the tax commissioner and the director of development that, based on hold-harmless provisions in any agreement between the school district and the legislative authority of the municipal corporation, board of township trustees, or board of county commissioners that was entered into on or before June 1, 2005, the ability or obligation of the municipal corporation, township, or county to repay bonds, notes, or other financial obligations issued or entered into prior to January 1, 2006, will be impaired, including obligations to or of any other body corporate and politic with whom the legislative authority of the municipal corporation or board of township trustees or county commissioners has entered into an agreement pertaining to the use of service payments derived from the improvements exempted;
(d) The aggregate value of the improvements to parcels of real property in the school district exempted from taxation pursuant to such ordinance or resolution, if the ordinance or resolution is adopted prior to January 1, 2006, in a municipal corporation with a population that exceeds one hundred thousand, as shown by the most recent federal decennial census, that includes a major employment center and that is adjacent to historically distressed neighborhoods, if the legislative authority of the municipal corporation, the board of township trustees, or the board of county commissioners that exempted the property prepares an economic analysis that demonstrates that all taxes generated within the incentive district accruing to the state by reason of improvements constructed within the district during its existence exceed the amount the state pays the school district under section 3317.022 of the Revised Code attributable to such property exemption from the school district's recognized valuation. The analysis shall be submitted to and approved by the department of development prior to January 1, 2006, and the department shall not unreasonably withhold approval. Approval shall permit use of the aggregate value for the life of the incentive district as designated in the ordinance or resolution creating it.
(e) The aggregate value of the improvements to parcels of real property in the school district exempted from taxation under such ordinance or resolution, if the ordinance or resolution is adopted prior to January 1, 2006, and if service payments have been pledged to be used for mixed-use riverfront entertainment development in any county with a population that exceeds six hundred thousand, as shown by the most recent federal decennial census;
(f) The aggregate value of the improvements to parcels of real property in the school district exempted from taxation under such ordinance or resolution, if, prior to January 1, 2006, the legislative authority of a municipal corporation, board of township trustees, or board of county commissioners has pledged service payments for a designated transportation capacity project approved by the transportation review advisory council under Chapter 5512. of the Revised Code;
(g) The aggregate value of the improvements to parcels of real property in the school district exempted from taxation under such ordinance or resolution if the legislative authority of a municipal corporation, board of township trustees, or board of county commissioners have, by January 1, 2006, pledged proceeds for designated transportation improvement projects that involve federal funds for which the proceeds are used to meet a local share match requirement for such funding.
As used in division (A)(6) of this section, "project" has the same meaning as in section 5709.40 of the Revised Code.
(7) The aggregate value of real property in the school district for which an exemption from taxation is granted on or after January 1, 2006, under Chapter 725. or 1728., sections 3735.65 to 3735.70, or section 5709.62, 5709.63, 5709.632, 5709.84, or 5709.88 of the Revised Code, as indicated on the list of exempted property for the preceding tax year under section 5713.08 of the Revised Code and as if such property had been assessed for taxation that year, but not including compensation for tax revenue foregone pursuant to an agreement entered into on or after January 1, 2006, under section 5709.82 of the Revised Code, and minus the product determined by multiplying (a) the aggregate value of the real property in the school district exempted from taxation under any of the chapters or sections specified in this division, by (b) a fraction, the numerator of which is the difference between (i) the amount of anticipated revenue such school district would have received in the preceding fiscal year if the real property exempted from taxation had not been exempted from taxation and (ii) the aggregate amount of payments and other compensation received in the preceding fiscal year by the school district pursuant to any agreements between the school district and the legislative authority of a political subdivision that acted under the authority of a chapter or statute specified in this division, that were entered into in relation to such exemption, and the denominator of which is the amount of anticipated revenue such school district would have received in the preceding fiscal year if the real property exempted from taxation had not been exempted.
(B) On or before the first day of May each year, the tax
commissioner shall certify to the department of education the
total taxable real property value of railroads and, separately,
the total taxable tangible personal property value of all public
utilities for the preceding tax year, by school district and by
county of location.
(C) If a public utility has properly and timely filed a
petition for
reassessment under section 5727.47 of the Revised
Code with respect to an assessment issued
under section 5727.23 of
the Revised Code affecting taxable property
apportioned by the tax
commissioner to a school district, the taxable value of public
utility
tangible personal property
included in the certification
under divisions (A)(2) and (B)
of
this section for the school
district shall include only the amount of taxable
value on the
basis of
which the public utility paid tax for the preceding year
as provided in
division (B)(1) or (2)
of section 5727.47 of the
Revised Code.
(D) If on the basis of the information certified under
division (A) of this section, the department determines that any
district fails in any year to meet the qualification requirement
specified in division (A) of section 3317.01 of the Revised Code,
the department shall immediately request the tax commissioner to
determine the extent to which any school district income tax
levied by the district under Chapter 5748. of the Revised Code
shall be included in meeting that requirement. Within five days
of receiving such a request from the department, the tax
commissioner shall make the determination required by this
division and report the quotient obtained under division
(D)(3)
of
this section to the department. This quotient represents the
number of mills that the department shall include in determining
whether the district meets the qualification requirement of
division (A) of section 3317.01 of the Revised Code.
The tax commissioner shall make the determination required
by
this division as follows:
(1) Multiply one mill times the total taxable value of the
district as determined in divisions (A)(1) and (2) of this
section;
(2) Estimate the total amount of tax liability for the
current tax year under taxes levied by Chapter 5748. of the
Revised Code that are apportioned to current operating expenses
of
the district;
(3) Divide the amount estimated under division (D)(2) of
this section by the product obtained under division (D)(1)
of
this
section.
(E) On or before June 1, 2006, and the first day of June of each year thereafter, the director of development shall certify to the department of education the total amount of payments received by each city, local, exempted village, or joint vocational school district during the preceding tax year pursuant to an agreement entered into under division (B) of section 5709.82 of the Revised Code in relation to exemptions from taxation granted pursuant to an ordinance adopted by the legislative authority of a municipal corporation under division (C)(1) of section 5709.40 of the Revised Code, or a resolution adopted by a board of township trustees or board of county commissioners under division (C)(1) of section 5709.73 or division (B)(1) of section 5709.78 of the Revised Code, respectively. On or before April 1, 2006, and the first day of April of each year thereafter, the treasurer of each city, local, exempted village, or joint vocational school district that has entered into such an agreement shall report to the director of development the total amount of such payments the district received during the preceding tax year pursuant to each such agreement. The state board of education, in accordance with sections 3319.31 and 3319.311 of the Revised Code, may suspend or revoke the license of a treasurer found to have willfully reported erroneous, inaccurate, or incomplete data under this division.
Sec. 3317.022. (A)(1) The department of education shall
compute
and distribute state base cost funding to
each school
district for the fiscal year in accordance with the
following
formula,
making any adjustment required by
division (A)(2) of
this section and
using
the
information obtained
under section
3317.021 of the Revised
Code in
the calendar year in
which the
fiscal year begins.
(1) Compute the following for each eligible district:
[(cost-of-doing-business factor Xthe formula amount X formula ADM) + the sum of the base funding supplements prescribed in divisions (C)(1) to (4) of section 3317.012 of the Revised Code] -(.023 X
recognized valuation)[.023 x (the sum of recognized valuation and property exemption (value)]
If the difference obtained is a negative number, the
district's computation shall be zero.
(2) Compute both of the following for each school district:
(a) The difference of (i) the district's fiscal year 2005 base cost payment under the version of division (A)(1) of this section in effect in fiscal year 2005, minus (ii) the amount computed for the district for the current fiscal year under current division (A)(1) of this section;
(b) The following amount:
[(fiscal year 2005 base cost payment/fiscal year 2005 formula ADM) X current year formula ADM] minus the amount computed for the district under current division (A)(1) of this section
If one of the amounts computed under division (A)(2)(a) or (b) of this section is a positive amount, the department shall pay the district that amount in addition to the amount calculated under division (A)(1) of this section. If both amounts are positive amounts, the department shall pay the district the lesser of the two amounts in addition to the amount calculated under division (A)(1) of this section.
(3)(a) For each school district for which the tax exempt
value of the district equals or exceeds twenty-five per cent of
the potential value of the district, the department of education
shall calculate the difference between the district's tax exempt
value and twenty-five per cent of the district's potential value.
(b) For each school district to which division
(A)(2)(3)(a) of
this section applies, the
department
shall adjust the recognized
valuation used in
the
calculation
under
division (A)(1) of this
section
by subtracting
from it the amount
calculated under
division (A)(2)(3)(a) of this section.
(B) As used in this section:
(1) The "total special education weight" for a district
means the sum of the following amounts:
(a) The district's category one special education ADM
multiplied by the
multiple specified
in division
(A) of
section
3317.013 of the Revised Code;
(b) The
district's category two
special education
ADM
multiplied by the
multiple
specified
in division
(B) of section
3317.013 of the Revised
Code;
(c) The district's category three special education ADM
multiplied by the multiple specified in division (C) of section
3317.013 of the Revised Code;
(d) The district's category four special education ADM
multiplied by the multiple specified in division (D) of section
3317.013 of the Revised Code;
(e) The district's category five special education ADM
multiplied by the multiple specified in division (E) of section
3317.013 of the Revised Code;
(f) The district's category six special education ADM
multiplied by the multiple specified in division (F) of section
3317.013 of the Revised Code.
(2) "State share percentage" means the percentage calculated
for a
district as follows:
(a) Calculate the state base cost funding amount for
the
district for
the fiscal year under division (A) of this section.
If
the district would not receive any state base cost
funding for
that year
under that division, the district's state share
percentage is zero.
(b) If the district would receive state base cost
funding
under that
division, divide that amount by an amount equal to the
following:
(Cost-of-doing-business factor Xthe formula amount X formula ADM) + the sum of the base funding supplements prescribed in divisions (C)(1) to (4) of section 3317.012 of the Revised CodeThe resultant number is the district's state share
percentage.
(3)
"Related services" includes:
(a) Child study, special education supervisors and
coordinators, speech and hearing services, adaptive physical
development services, occupational or physical therapy,
teacher
assistants for handicapped children whose
handicaps are described
in division
(B) of section 3317.013 or division (F)(3) of section
3317.02 of the Revised Code, behavioral intervention,
interpreter
services, work study, nursing services, and
specialized
integrative services as those terms are defined by the department;
(b) Speech and language services provided to any
student
with a handicap, including any student whose primary or
only
handicap is a speech and language handicap;
(c) Any related service not specifically covered
by other
state funds but specified in federal law, including but
not
limited to, audiology and school psychological services;
(d) Any service included in units funded under
former
division (O)(1) of
section 3317.023 of the Revised Code;
(e) Any other related service needed by
handicapped children
in accordance with their individualized
education plans.
(4) The "total vocational education weight" for a district
means
the sum of the following amounts:
(a) The district's category one vocational education ADM
multiplied by the multiple specified in division (A) of section
3317.014 of the Revised Code;
(b) The district's category two vocational education ADM
multiplied by the multiple specified in division (B) of section
3317.014 of the Revised Code.
(C)(1) The department shall compute and distribute state
special education and related services additional weighted costs
funds
to each school district in accordance with the following
formula:
The district's state share percentageX the formula amount for the yearfor which the aid is calculatedX the district's total special education weight(2)
The
attributed local share of special education and
related services additional
weighted costs equals:
(1 - the district's state share percentage) Xthe district's total special education weight Xthe formula amount
(3)(a) The department shall compute and
pay in accordance
with
this division additional state aid to
school districts for
students in
categories two through six special
education ADM. If
a district's
costs for the fiscal year for a
student in its
categories two through six
special
education ADM
exceed the
threshold catastrophic cost for serving the student,
the
district
may submit to
the superintendent of public
instruction
documentation, as
prescribed by the superintendent, of
all its
costs for that
student. Upon submission of documentation
for a
student of the
type and in the manner prescribed, the
department
shall pay to
the district an amount equal to the
sum of the
following:
(i) One-half of the district's costs for the student in
excess of the threshold catastrophic cost;
(ii) The product of one-half of the
district's costs for the
student in excess of
the threshold catastrophic cost multiplied
by
the district's state share percentage.
(b) For purposes of division (C)(3)(a) of this section, the
threshold catastrophic cost for serving a student equals:
(i) For a student in the school district's category two,
three, four, or five special education ADM, twenty-five thousand
dollars in fiscal year 2002 and, twenty-five thousand seven hundred
dollars in fiscal years 2003, 2004, and 2005, and twenty-six thousand five hundred dollars in fiscal years 2006 and 2007;
(ii) For a student in the district's category six special
education ADM, thirty thousand dollars in fiscal year 2002 and,
thirty thousand eight hundred forty dollars in fiscal years 2003, 2004, and 2005, and thirty-one thousand eight hundred dollars in fiscal years 2006 and 2007.
(c) The district shall only report
under division (C)(3)(a)
of this section, and the department shall only
pay
for, the
costs
of educational expenses and the related
services provided
to
the
student in accordance with the student's
individualized
education
program. Any legal fees, court costs, or
other costs
associated
with any cause of action relating to the
student may
not be
included in the amount.
(4)(a) As used in this division, the "personnel
allowance"
means
thirty
thousand dollars
in fiscal
years 2002, 2003, 2004, and, 2005, 2006, and 2007.
(b) For the provision of speech language pathology services to students,
including students
who do
not have
individualized education
programs prepared for
them under
Chapter
3323. of the Revised
Code, and for
no
other purpose, the department of education shall
pay each
school district an
amount calculated under the following
formula:
(formula ADM divided by 2000) X
the personnel allowance X the state share percentage
(5) In any fiscal year, a school district
shall spend
for
purposes that the department designates as approved for
special
education
and related services
expenses
at least the amount
calculated
as follows:
(cost-of-doing-business factor Xformula amount X
the sum of categoriesone through six special education ADM) +(total special education weight X formula amount)The purposes approved by the department for special education
expenses shall include, but shall not be limited to,
identification of handicapped children, compliance with state
rules governing the education of handicapped children and
prescribing the continuum of program options for handicapped
children, provision of speech language pathology services, and the portion of the school district's overall
administrative and overhead costs that are attributable to the
district's special education student population.
The department shall require school districts to report data
annually to allow for monitoring compliance with division (C)(5)
of this section. The department shall annually report to the
governor and the general assembly the amount of money spent by
each school district for special education and related services.
(6) In any fiscal year, a school district shall spend for the provision of speech language pathology services not less than the sum of the amount calculated under division (C)(1) of this section for the students in the district's category one special education ADM and the amount calculated under division (C)(4) of this section.
(D)(1) As used in this division:
(a) "Daily bus miles per student" equals the number of bus
miles
traveled per day, divided by transportation base.
(b) "Transportation base" equals total student count as
defined
in section 3301.011 of the Revised Code, minus the number
of
students enrolled in preschool handicapped units, plus the
number
of nonpublic school students included in transportation
ADM.
(c) "Transported student percentage" equals transportation
ADM divided by transportation base.
(d) "Transportation cost per student" equals total operating
costs for board-owned or contractor-operated school buses divided
by
transportation base.
(2) Analysis of student transportation cost data has
resulted in a
finding that an average efficient transportation use
cost per student
can be calculated by means of a regression
formula that has as its two
independent variables the number of
daily bus miles per student
and the transported student
percentage. For fiscal
year 1998 transportation cost data, the
average efficient
transportation use cost per student is expressed
as follows:
51.79027 + (139.62626 X daily bus miles per student) +
(116.25573 X transported student percentage)
The department of education shall annually determine the
average
efficient transportation use cost per student in
accordance with the
principles stated in division (D)(2) of this
section, updating the
intercept and regression coefficients of the
regression formula
modeled in this division, based on an annual
statewide analysis of
each school district's daily bus miles per
student, transported
student percentage, and transportation cost
per student data. The
department shall conduct the annual update
using data, including
daily bus miles per student, transported
student percentage, and
transportation cost per student data, from
the prior fiscal year.
The department shall notify the office of
budget and management of
such update by the fifteenth day of
February of each year.
(3) In addition to funds paid under divisions (A), (C), and
(E) of this
section, each
district with a transported student
percentage greater than
zero shall receive a payment equal to a
percentage of the product of the district's transportation
base
from the prior fiscal year times the annually
updated average
efficient transportation use cost per student,
times an inflation
factor
of two and eight tenths per cent to account for the
one-year difference
between the data used in updating the
formula
and calculating the payment and the year in which the payment is
made. The percentage shall be the following percentage of that
product
specified for the corresponding fiscal year:
|
FISCAL YEAR |
|
PERCENTAGE |
|
2000 |
|
52.5% |
|
2001 |
|
55% |
|
2002 |
|
57.5% |
|
2003 and thereafter |
|
The greater of 60%
or the district's state share percentage |
The payments made under division (D)(3) of this section each
year
shall be calculated based on all of the same prior year's
data used to update
the formula.
(4) In addition to funds paid under divisions (D)(2)
and (3)
of this section, a school district shall receive a
rough road
subsidy if
both of the following apply:
(a) Its county rough road percentage is higher than the
statewide
rough road percentage, as those terms are defined in
division
(D)(5) of this section;
(b) Its district student density is
lower than the statewide
student density, as those terms are defined in
that division.
(5) The rough road subsidy paid to each district meeting
the
qualifications of division (D)(4) of this section shall
be
calculated in accordance with the following formula:
(per rough mile subsidy X total rough road miles) X
density multiplier
(a) "Per rough mile subsidy" equals the amount calculated in
accordance with the following formula:
0.75 - {0.75 X [(maximum rough road
percentage -county rough road percentage)/(maximum rough road percentage -
statewide rough road percentage)]}
(i) "Maximum rough road percentage" means the highest county
rough road percentage in the state.
(ii) "County rough road percentage" equals the percentage of
the mileage of state, municipal, county, and township roads that
is rated by
the department of transportation as
type A, B, C, E2,
or F in the
county in which the school district is located
or, if
the district is located in more than one county, the county
to
which it is assigned for purposes of determining its
cost-of-doing-business factor.
(iii) "Statewide rough road percentage" means the percentage
of
the statewide total mileage of state, municipal, county, and
township roads
that is rated as type A, B, C, E2, or
F by the
department of transportation.
(b) "Total rough road miles" means a school district's total
bus
miles traveled in one year times its county rough road
percentage.
(c) "Density multiplier" means a figure calculated in
accordance
with the following formula:
1 - [(minimum student density - district student
density)/(minimum student density -
statewide student density)](i) "Minimum student density" means the lowest district
student
density in the state.
(ii) "District student density" means a school district's
transportation base divided by the number of square miles in the
district.
(iii) "Statewide student density" means the sum of the
transportation bases for all school districts divided by the sum
of the square
miles in all school districts.
(6) In addition to funds paid under divisions
(D)(2) to (5)
of this section, each district
shall receive in accordance with
rules adopted by the state board of education
a payment for
students transported by
means other than board-owned or
contractor-operated buses and whose
transportation is not funded
under division (J) of section 3317.024
of the Revised Code. The
rules shall include
provisions for school district reporting of
such students.
(E)(1) The department shall compute and distribute state
vocational
education additional weighted costs funds to each
school district in
accordance with the following formula:
state share percentage X
the formula amount X
total vocational education weight
In any fiscal year, a school district receiving funds under
division (E)(1) of this section shall spend those funds only for
the purposes that the department designates as approved for
vocational
education expenses. Vocational educational expenses approved by the department shall include only expenses connected to the delivery of career-technical programming to career-technical students. The department shall require the school district to report data annually so that the department may monitor the district's compliance with the requirements regarding the manner in which funding received under division (E)(1) of this section may be spent.
(2) The department shall compute for each school
district
state funds for vocational education associated services in
accordance with the following formula:
state share percentage X .05 X
the formula amount X the sum of categories one and two
vocational education ADM
In any fiscal year, a school district receiving funds under
division (E)(2) of this section, or through a transfer of funds
pursuant to division (L) of section 3317.023 of the Revised Code,
shall spend
those funds only for
the purposes that the department
designates as approved for vocational
education associated
services expenses, which may
include such purposes as
apprenticeship coordinators, coordinators for other
vocational
education services, vocational
evaluation, and other purposes
designated by the department. The
department may deny payment
under division (E)(2) of this section to
any district that the
department determines is not operating those services or
is using
funds paid under
division (E)(2) of this section, or through a
transfer of funds
pursuant to division (L) of section 3317.023 of
the Revised Code, for other
purposes.
(F) The actual local share in
any fiscal year for the
combination of special education and
related services additional
weighted costs funding calculated
under division (C)(1) of this
section, transportation funding
calculated under divisions (D)(2)
and (3) of this section, and
vocational education and associated
services additional weighted
costs funding calculated under
divisions (E)(1) and (2) of this
section shall not exceed for any
school district the product of
three and three-tenths mills times the district's
recognized valuation. The department annually shall pay
each
school
district as an excess cost supplement any amount by
which
the sum
of the district's attributed local shares for that
funding
exceeds
that product. For purposes of calculating the
excess cost
supplement:
(1) The attributed local share for special education and
related services additional weighted costs funding is the amount
specified in division (C)(2) of this section.
(2) The attributed local share of transportation funding
equals the difference of the total amount calculated for the
district using the formula developed under division (D)(2) of this
section minus the actual amount paid to the district after
applying the percentage specified in division (D)(3) of this
section.
(3) The attributed local share of vocational education and
associated services additional weighted costs funding is the
amount determined as follows:
(1 - state share percentage) X[(total vocational education weight X the formula amount) +the payment under division (E)(2) of this section]
Sec. 3317.023. (A) Notwithstanding section 3317.022 of
the
Revised Code, the amounts required to be paid to a district
under
this chapter shall be adjusted by the amount
of the computations
made under divisions (B) to
(M)(O) of this
section.
(1)
"Classroom teacher" means a licensed employee who
provides direct instruction to pupils, excluding teachers funded
from money paid to the district from federal sources; educational
service personnel; and vocational and special education teachers.
(2)
"Educational service personnel" shall not include such
specialists funded from money paid to the district from federal
sources or assigned full-time to vocational or special education
students and classes and may only include those persons employed
in the eight specialist areas in a pattern approved by the
department of education under guidelines established by the state
board of education.
(3)
"Annual salary" means the annual base salary stated in
the state minimum salary schedule for the performance of the
teacher's regular teaching duties that the teacher earns for
services rendered for the first full week of October of the
fiscal
year for which the adjustment is made under division
(C) of this
section. It shall not include any salary payments for
supplemental teachers contracts.
(4)
"Regular student population" means the formula ADM
plus
the number of students reported as enrolled in the district
pursuant
to division (A)(1) of section 3313.981 of the Revised
Code;
minus the number of students reported under
division (A)(2)
of section 3317.03 of the Revised
Code; minus the FTE of students
reported under
division (B)(6), (7), (8),
(9), (10), (11),
or (12) of
that
section who are enrolled
in a vocational education
class or
receiving special education;
and minus twenty per cent of the
students
enrolled concurrently in a joint
vocational school
district.
(5)
"State share percentage"
has the same
meaning
as in
section
3317.022
of the Revised Code.
(6)
"VEPD" means a school district or group of school
districts
designated by the department of education as being
responsible for the
planning for and provision of vocational
education
services to students within the district or group.
(7)
"Lead district" means a school district, including a
joint
vocational school district, designated by the department as
a
VEPD, or designated to provide primary vocational education
leadership within a VEPD composed of a group of districts.
(B) If the district employs less than one full-time
equivalent classroom teacher for each twenty-five pupils in
the
regular student population in any school district, deduct the sum
of the amounts obtained
from the following computations:
(1) Divide the number of the district's full-time
equivalent
classroom teachers employed by one twenty-fifth;
(2) Subtract the quotient in (1) from the district's
regular
student population;
(3) Multiply the difference in (2) by seven hundred
fifty-two dollars.
(C) If a positive amount, add one-half of the amount
obtained by multiplying the number of full-time equivalent
classroom teachers by:
(1) The mean annual salary of all full-time equivalent
classroom teachers employed by the district at their respective
training and experience levels minus;
(2) The mean annual salary of all such teachers at their
respective levels in all school districts receiving payments
under
this section.
The number of full-time equivalent classroom teachers used
in
this computation shall not exceed one twenty-fifth of the
district's regular student population. In calculating
the
district's mean salary under
this division, those full-time
equivalent classroom teachers with
the highest training level
shall be counted first, those with the
next highest training level
second, and so on, in descending
order. Within the respective
training levels, teachers with the
highest years of service shall
be counted first, the next highest
years of service second, and so
on, in descending order.
(D) This division does not apply to a school district that
has entered into an agreement under division (A) of section
3313.42 of the Revised Code. Deduct the amount obtained from the
following computations if the district employs fewer than five
full-time equivalent educational service personnel, including
elementary school art, music, and physical education teachers,
counselors, librarians, visiting teachers, school social workers,
and school nurses for each one thousand pupils in the
regular
student population:
(1) Divide the number of full-time equivalent educational
service personnel employed by the district by five
one-thousandths;
(2) Subtract the quotient in (1) from the district's
regular
student population;
(3) Multiply the difference in (2) by ninety-four dollars.
(E) If a local school district, or a city or exempted
village school district to which a governing board of
an
educational service center provides services
pursuant to section
3313.843 of the Revised
Code, deduct the amount of the payment
required for the
reimbursement of the governing board under
section 3317.11 of the Revised
Code.
(F)(1) If the district is required to pay to or entitled
to
receive tuition from another school district under division
(C)(2)
or (3) of section 3313.64 or section 3313.65 of the
Revised Code,
or if the superintendent of public instruction is
required to
determine the correct amount of tuition and make a
deduction or
credit under section 3317.08 of the Revised Code,
deduct and
credit such amounts as provided in division (J) of
section 3313.64
or section 3317.08 of the Revised Code.
(2) For each child for whom the district is responsible
for
tuition or payment under division (A)(1) of section 3317.082 or
section 3323.091 of the Revised Code, deduct
the amount of tuition
or payment for which the district is responsible.
(G) If the district has been certified by the
superintendent
of public instruction under section 3313.90 of the
Revised Code as
not in compliance with the requirements of that
section, deduct an
amount equal to ten per cent of the amount
computed for the
district under section 3317.022 of the Revised
Code.
(H) If the district has received a loan from a
commercial
lending institution for which payments are made by the
superintendent of public instruction pursuant to division (E)(3)
of section 3313.483 of the Revised Code, deduct an amount equal
to
such payments.
(I)(1) If the district is a party to an agreement entered
into under division (D), (E), or (F) of section 3311.06 or
division (B) of section 3311.24 of the Revised Code and is
obligated to make payments to another district under such an
agreement, deduct an amount equal to such payments if the
district
school board notifies the department in writing that it
wishes to
have such payments deducted.
(2) If the district is entitled to receive payments from
another district that has notified the department to deduct such
payments under division (I)(1) of this section, add the
amount of
such payments.
(J) If the district is required to pay an amount of funds
to
a cooperative education district pursuant to a provision
described
by division (B)(4) of section 3311.52 or division
(B)(8) of
section 3311.521 of the Revised Code, deduct such
amounts as
provided under that provision and credit those amounts
to the
cooperative education district for payment to the district
under
division (B)(1) of section 3317.19 of the Revised Code.
(K)(1) If a district is educating a student entitled to
attend
school in another district pursuant to a shared education
contract, compact,
or cooperative education agreement other than
an agreement entered into
pursuant to section 3313.842 of the
Revised Code, credit to
that educating district on an FTE basis both of the following:
(a) An amount equal to the greater of the following:
(i) The fiscal year 2005 formula amount times the fiscal year 2005 cost of
doing
business factor of the school district where the student is
entitled to attend
school pursuant to section 3313.64 or 3313.65
of the Revised
Code;
(ii) The sum of (the current formula amount times the current cost-of-doing-business factor of the school district when the student is entitled to attend school pursuant to section 3313.64 or 3313.65 of the Revised Code) plus the per pupil amount of the base funding supplements specified in divisions (C)(1) to (4) of section 3317.012 of the Revised Code.
(b) An amount equal to the current formula amount times the state
share
percentage times any multiple applicable to the student
pursuant to section
3317.013 or 3317.014 of the Revised Code.
(2) Deduct any amount credited pursuant to division (K)(1)
of
this section from amounts paid to the school district in which
the student is
entitled to attend school pursuant to section
3313.64 or 3313.65 of the
Revised Code.
(3) If the district is required by a shared education
contract, compact,
or cooperative education agreement to make
payments to an educational service
center, deduct the amounts from
payments to the district and add them to the
amounts paid to the
service center pursuant to section 3317.11 of the Revised
Code.
(L)(1) If a district, including a joint vocational school
district, is a lead district of a VEPD, credit to that district
the amounts calculated for all the school districts within that
VEPD pursuant to division (E)(2) of section
3317.022 of the
Revised Code.
(2) Deduct from each appropriate district that is not a lead
district, the amount attributable to that district that is
credited to a
lead district under division (L)(1) of this section.
(M) If the department pays a joint vocational school district under division (G)(4) of section 3317.16 of the Revised Code for excess costs of providing special education and related services to a handicapped student, as calculated under division (G)(2) of that section, the department shall deduct the amount of that payment from the city, local, or exempted village school district that is responsible as specified in that section for the excess costs.
(N)(1) If the district reports an amount of excess cost for special education services for a child under division (C) of section 3323.14 of the Revised Code, the department shall pay that amount to the district.
(2) If the district reports an amount of excess cost for special education services for a child under division (C) of section 3323.14 of the Revised Code, the department shall deduct that amount from the district of residence of that child.
(O) If the department of job and family services presents to the department of education a payment request through an intrastate transfer voucher for the nonfederal share of reimbursements made to a school district for medicaid services provided by the district, the department of education shall pay the amount of that request to the department of job and family services and shall deduct the amount of that payment from the district.
Sec. 3317.024. In addition to the moneys paid to eligible
school districts pursuant to section
3317.022 of the Revised Code,
moneys
appropriated for the education programs in divisions (A) to
(H), (J) to (L),
(O), (P), and (R) of this
section shall be
distributed to school districts meeting
the requirements of
section 3317.01 of the Revised Code;
in the case of divisions (J)
and (P) of this
section, to educational service centers as
provided in section
3317.11 of the Revised Code; in the case of
divisions (E),
(M), and (N) of this section, to
county MR/DD
boards; in the case of division (R)
of this section,
to joint
vocational school districts; in the
case of division (K) of this
section, to
cooperative education school districts; and in the
case of division (Q) of
this section, to the institutions defined
under section 3317.082 of the
Revised Code providing elementary or
secondary education programs to children
other than children
receiving special education under section 3323.091 of the
Revised
Code. The following shall be distributed monthly, quarterly, or
annually as may be determined by the state board of education:
(A) A per pupil amount to each school district that
establishes a summer school remediation program that complies
with
rules of the state board of education.
(B) An amount for each island school district and each
joint
state school district for the operation of each high school
and
each elementary school maintained within such district and
for
capital improvements for such schools. Such amounts shall be
determined on the basis of standards adopted by the state board
of
education.
(C) An amount for each school district operating classes
for
children of migrant workers who are unable to be in
attendance in
an Ohio school during the entire regular school
year. The amounts
shall be determined on the basis of standards
adopted by the state
board of education, except that payment
shall be made only for
subjects regularly offered by the school
district providing the
classes.
(D) An amount for each school district with guidance,
testing, and counseling programs approved by the state board of
education. The amount shall be determined on the basis of
standards adopted by the state board of education.
(E) An amount for the emergency purchase of school buses
as
provided for in section 3317.07 of the Revised Code;
(F) An amount for each school district required to pay
tuition for a child in an institution maintained by the
department
of youth services pursuant to section 3317.082 of the
Revised
Code, provided the child was
not included in the calculation of
the district's average daily
membership for the preceding school
year.
(G) In fiscal year 2000 only, an amount to each school
district for supplemental salary allowances for each licensed
employee except
those licensees serving as superintendents,
assistant superintendents, principals, or assistant principals,
whose term of
service in any year is extended beyond the term of
service of regular
classroom teachers, as described in section
3301.0725 of the Revised
Code;
(H) An amount for adult basic literacy education for each
district participating in programs approved by the state board of
education. The amount shall be determined on the basis of
standards adopted by the state board of education.
(I) Notwithstanding section 3317.01 of the Revised Code, but
only until
June 30, 1999,
to each city, local, and exempted
village school district, an
amount for
conducting driver education
courses at high schools for which the
state board of education
prescribes minimum standards and to
joint vocational and
cooperative education school
districts and educational service
centers, an amount for conducting
driver education courses to
pupils enrolled in a high school for
which the state board
prescribes minimum standards. No
payments shall be made under
this division after June 30, 1999.
(J) An amount for the approved cost of transporting
developmentally handicapped eligible pupils with disabilities attending a special education program approved by the department of education whom it is impossible or
impractical to transport by regular school bus in the course of
regular route transportation provided by the district or service
center. No district or service center is eligible to receive a
payment under this division for
the cost of transporting any pupil
whom it transports by regular
school bus and who is included in
the district's transportation
ADM. The state board of education
shall establish
standards and guidelines for use by the department
of education
in determining the approved cost of such
transportation for each
district or service center.
(K) An amount to each school district, including each
cooperative education school district, pursuant to section
3313.81
of the Revised Code to assist in providing free lunches
to needy
children and an amount to assist needy school districts
in
purchasing necessary equipment for food preparation. The
amounts
shall be determined on the basis of rules adopted by the
state
board of education.
(L) An amount to each school district, for each pupil
attending a chartered nonpublic elementary or high school within
the district. The amount shall equal the amount appropriated for
the implementation of section 3317.06 of the Revised Code divided
by the average daily membership in grades kindergarten through
twelve in nonpublic elementary and high schools within the state
as determined during the first full week in October of each
school
year.
(M) An amount for each county MR/DD board,
distributed on
the basis of standards adopted by the state board of education,
for the approved cost of transportation required for children
attending special education programs operated by the county MR/DD
board under section 3323.09 of the Revised Code;
(N) An amount for each county MR/DD board,
distributed on
the basis of standards adopted by the state board of education,
for supportive home services for preschool children;
(O) An amount for each school district that establishes a
mentor teacher program that complies with rules of the state
board
of education. No school district shall be required to establish
or
maintain such a program in any year unless sufficient funds are
appropriated
to cover the district's total costs for the program.
(P) An amount to each school district or educational service
center for the total number of gifted units approved pursuant to
section 3317.05 of the Revised Code. The amount for each such
unit shall be the sum of the minimum salary for the teacher of
the
unit, calculated on the basis of the teacher's training
level and
years of experience pursuant to
the salary schedule prescribed in
the version of section 3317.13 of the Revised Code
in effect prior
to
July 1, 2001,
plus fifteen
per cent of
that minimum salary
amount, plus two thousand six
hundred
seventy-eight
dollars.
(Q) An amount to each
institution defined under section
3317.082 of the
Revised Code providing elementary or
secondary
education to children other than children receiving
special
education under section 3323.091 of the
Revised Code. This amount
for any
institution in any fiscal year shall equal the total of
all
tuition amounts required to be paid to the institution under
division (A)(1) of section
3317.082 of the Revised Code.
(R) A grant to each school district and joint vocational
school
district that operates a "graduation, reality, and
dual-role skills"
(GRADS) program for pregnant and parenting
students that is
approved by the department. The amount of the
payment shall be the district's
state share
percentage, as defined
in section 3317.022 or 3317.16 of the
Revised Code, times the
GRADS
personnel allowance times the full-time-equivalent number of
GRADS
teachers approved by the department. The GRADS personnel
allowance is
$47,555 in fiscal
years 2004 and, 2005, 2006, and 2007.
The state board of education or any other board of
education
or governing board may provide for any resident of a district
or
educational service center territory any
educational service for
which funds are made available to the
board by the United States
under the authority of public law,
whether such funds come
directly or indirectly from the United
States or any agency or
department thereof or through the state
or any agency, department,
or political subdivision thereof.
Sec. 3317.026. (A) As used in this section,
"refunded
taxes" means taxes charged and payable from
real and tangible
personal property, including public utility
property, that have
been found to have been overpaid as the
result of reductions in
the taxable value of such property and that
have been refunded,
including any interest or penalty refunded
with those taxes. If
taxes are refunded over a period of time pursuant to
division
(B)(2), (3), or (4) of section 319.36 or division (C) of
section
5727.471 of the Revised Code,
the total amount of taxes required
to be refunded, excluding any interest
accruing after the day the
undertaking is entered into, shall be considered to
have been
refunded on the day the first portion of the overpayment is paid
or
credited.
(B) Not later than the last day of February each year,
each
county auditor shall certify to the tax commissioner, for
each
school district in the county, the amount of refunded taxes
refunded
in the preceding calendar year and the reductions in
taxable value that
resulted in those refunds, except for
reductions in taxable value that
previously have been reported to
the tax commissioner on an
abstract. If the tax commissioner
determines that
the amount of refunded taxes certified for a
school district
exceeds three per cent of the total taxes charged
and payable for current
expenses of the school district for the
calendar year in which those taxes
were refunded, the tax
commissioner shall certify the
reductions in taxable value that
resulted in those refunds on or before the
first day of June to
the department of education. Upon receiving the
certification by
the tax commissioner, the department of
education shall reduce the
total taxable value of the school
district, as defined in section
3317.02 of the
Revised Code, by the total amount of the
reductions
in taxable value that resulted in those refunds for the purpose of
computing the state aid SF-3 payment for
the school district for the current
fiscal year under section
3317.022 of the Revised Code. The
increase in the
amount of such aid resulting from the adjustment
required by
this section shall be paid to the school district on
or before
the thirtieth thirty-first day of June July of
the current following fiscal year.
If an adjustment is
made under this
division in
the
amount
of state aid paid to a
school district, the tax value
reductions
from which that
adjustment results shall not be used in
recomputing aid to a
school district under section 3317.027 of the
Revised Code.
(D)(C) If a school district received a grant from the
catastrophic expenditures account pursuant to division (C) of
section 3316.20 of the Revised Code on the basis of the same
circumstances for which an adjustment is made under this section,
the amount of the adjustment shall be reduced and transferred in
accordance with division (C) of section 3316.20 of the Revised
Code.
(D) Not later than the first day of June each year, the tax
commissioner shall certify to the department of education for
each
school district the total of the increases in taxable value
above
the amount of taxable value on which tax was paid, as
provided in
division (B)(1) or (2) of section 5727.47 of the
Revised Code, as
determined by the commissioner, and for which a
notification was
sent pursuant to section 5727.471 of the Revised
Code, in the
preceding calendar year.
Upon receiving the
certification, the
department shall increase
the total taxable
value, as defined in
section 3317.02 of the
Revised Code, of the
school district by the
total amount of the
increase in taxable
value certified by the
commissioner for
the
school district for
the purpose of computing
the school
district's
state aid SF-3 payment for the
following fiscal year
under sections
3317.022 and 3317.0212 of
the
Revised Code.
Sec. 3317.027. On or before the fifteenth day of May of
each
year, the tax commissioner shall certify to the department
of
education:
(A) The amount by which applications filed under section
5713.38 of the Revised Code or complaints filed under section
5715.19 of the Revised Code resulted in a reduction in the second
preceding year's taxable value in each school district in which
such a reduction occurred, and the amount by which such reduction
reduced the district's taxes charged and payable for such year;
and
(B) The taxes charged and payable for the second preceding
tax year that were remitted under section 5713.081 of the Revised
Code and the taxable value against which such taxes were imposed.
Upon receipt of such certifications, the department shall
recompute the state aid for such year under section
3317.022 of
the Revised Code district's SF-3 payment and determine the amount of aid that the SF-3 payment
would have
been paid had the taxable value not been used in the
computation
made under division (A)(1) of section 3317.021 of the
Revised Code
and
had the taxes charged and payable not been included
in the
certification made under division (A)(3) of such section. The
department shall adjust calculate the amount that the remainder of the fiscal year's
payments so the district's total payments should have been for the fiscal year
equal including the amount of the recomputation SF-3 payment as recomputed. The increase or decrease in the amount of aid resulting from the adjustment required under this section shall be paid to the school district on or before the thirty-first day of July of the following fiscal year.
If a school district received a grant from the catastrophic
expenditures account pursuant to division (C) of section 3316.20
of the Revised Code on the basis of the same circumstances for
which a recomputation is made under this section, the amount of
the recomputation shall be reduced and transferred in accordance
with division (C) of section 3316.20 of the Revised Code.
Sec. 3317.028. (A) On or before the fifteenth day of May in
each calendar year prior to calendar year 2007, the tax commissioner shall determine for each
school district whether the taxable value of all tangible
personal
property, including utility tangible personal property,
subject to
taxation by the district in the preceding tax year was
less or
greater than the taxable value of such property during
the second
preceding tax year. If any such decrease exceeds five
per cent of
the district's tangible personal property taxable
value included
in the total taxable value used in computing the district's
state aid
computation SF-3 payment for the fiscal year that ends in the
current calendar
year, or if any such increase exceeds five per
cent of the
district's total taxable value used in computing the district's
state aid
computation SF-3 payment for the fiscal year that ends in the
current calendar
year, the tax commissioner shall certify both of the
following to
the
department of education:
(1) The taxable value of the tangible personal property
increase or decrease, including utility tangible personal
property
increase or decrease, which shall be considered a change
in
valuation;
(2) The decrease or increase in taxes charged and payable
on
such change in taxable value calculated in the same manner as
in
division (A)(3) of section 3317.021 of the Revised Code.
(B) Notwithstanding division
(A)
of this section, when
determining under that division in
calendar year 2002 whether the
taxable value of tangible
personal property subject to taxation by
each school district in
the preceding tax year was less or greater
than the taxable
value of such property during the second
preceding tax year, the
tax commissioner shall exclude from the
taxable value for both
years the tax value loss, as defined in
section 5727.84 of the Revised Code On or before May 15, 2007, and the fifteenth day of May in each calendar year thereafter, the tax commissioner shall determine for each school district whether the taxable value of all utility tangible personal property subject to taxation by the district in the preceding tax year was less or greater than the taxable value of such property during the second preceding tax year. If any decrease exceeds five per cent of the district's tangible personal property taxable value included in the total taxable value used in the district's state aid computation for the fiscal year that ends in the current calendar year, or if any increase exceeds five per cent of the district's total taxable value used in the district's state aid computation for the fiscal year that ends in the current calendar year, the tax commissioner shall certify both of the following to the department of education:
(1) The taxable value of the utility tangible personal property increase or decrease, which shall be considered a change in valuation;
(2) The decrease or increase in taxes charged and payable on such change in taxable value calculated in the same manner as in division (A)(3) of section 3317.021 of the Revised Code.
(C) Upon receipt of such a certification specified in this section, the department of
education shall reduce or increase by the respective amounts
certified, and the taxable value and the taxes charged and payable
that were used in computing the district's state aid computation under
section 3317.022 of the Revised Code SF-3 payment for the fiscal
year that ends
in the current calendar year and shall recompute
the state aid SF-3 payment for
such fiscal year. During the last six months
of the fiscal year,
the The department shall pay the district a sum
equal to one-half of
the recomputed payments in lieu of the
payments otherwise required
under such sections that section on or before the thirty-first day of July of the following fiscal year.
(D) If a school district received a grant from the
catastrophic expenditures account pursuant to division (C) of
section 3316.20 of the Revised Code on the basis of the same
circumstances for which a recomputation is made under this
section, the amount of the recomputation shall be reduced and
transferred in accordance with division (C) of section 3316.20 of
the Revised Code.
Sec. 3317.029. (A) As used in this section:
(1)
"DPIA Poverty percentage" means:
(a) In fiscal years prior to fiscal year 2004, the quotient
obtained by
dividing
the five-year average number of children
ages
five to
seventeen
residing in the school district and
living in a
family
receiving
assistance
under the Ohio works first
program or
an antecedent program known as TANF or ADC, as
certified or
adjusted
under
section 3317.10
of the Revised Code,
by the
district's
three-year
average formula
ADM.
(b) Beginning in fiscal year 2004, the
unduplicated number of children ages five to seventeen residing in
the school district and living in a family that has family income
not exceeding the federal poverty guidelines and that receives
family assistance, as certified or adjusted under section 3317.10
of the Revised Code, divided by the district's three-year average
formula ADM.
(2)
"Family assistance" means assistance received under
one
of
the
following:
(a) The
Ohio works first program;
(b) The food stamp program;
(c) The medical assistance program, including the healthy
start program, established under Chapter 5111. of the Revised
Code;
(d) The children's health insurance program part I
established under section 5101.50 of the Revised Code or, prior to
fiscal year 2000, an executive order issued under section 107.17
of the Revised Code;
(e) The disability financial assistance program established under
Chapter 5115. of the Revised Code;
(f) The disability medical assistance program established under Chapter 5115. of the Revised Code.
(3)
"Statewide DPIA
poverty percentage" means:
(a) In fiscal years prior to fiscal year 2004, the five-year
average
of the total number of
children ages five to seventeen
years
residing in the state and
receiving
assistance
under
the
Ohio works first program or an antecedent program known as
TANF or
ADC, divided by
the
sum of the three-year average formula
ADMs
for
all school
districts in the state.
(b) Beginning in fiscal year 2004, the
total unduplicated number of children ages five to seventeen
residing in the state and living in a family that has family
income not exceeding the federal poverty guidelines and that
receives family assistance, divided by the sum of the three-year
average formula ADMs for all school districts in the state.
(4)(3)
"DPIA Poverty index"
means the quotient obtained by dividing the
school district's DPIA poverty percentage
by the statewide DPIA
poverty percentage.
(5)
"Federal poverty
guidelines" has the same meaning as in
section 5101.46 of the
Revised Code.
(6)(4) "DPIA Poverty student count" means:
(a) In fiscal years prior to fiscal year 2004, the
five-year
average number of children ages five to seventeen
residing in the
school district and living in a family receiving
assistance under
the Ohio works first program or an antecedent
program known as
TANF or ADC, as certified under section 3317.10
of the Revised
Code;
(b) Beginning in fiscal year 2004, the
unduplicated number of children ages five to seventeen residing in
the school district and living in a family that has family income
not exceeding the federal poverty guidelines and that receives
family assistance, as certified or adjusted under section 3317.10
of the Revised Code.
(7)(5) "Kindergarten ADM" means the number of
students reported
under section 3317.03 of the Revised Code as enrolled in
kindergarten, excluding any kindergarten students reported under division (B)(3)(e) or (f) of section 3317.03 of the Revised Code.
(8)(6)
"Kindergarten through third grade
ADM" means the
amount
calculated as follows:
(a) Multiply the kindergarten
ADM by the sum of one plus the
all-day
kindergarten percentage;
(b) Add the number of students in grades one through three;
(c) Subtract from the sum calculated under division
(A)(6)(b) of this section the
number of special education students
in grades kindergarten
through three.
(9)
"Statewide average teacher salary" means
forty-two
thousand
four hundred
sixty-nine
dollars in
fiscal year
2002,
and
forty-three thousand
six hundred
fifty-eight dollars
in
fiscal
year
2003,
which
includes an amount for the
value of
fringe
benefits.
(10) "Kindergarten through third grade ADM" shall not include any students reported under division (B)(3)(e) or (f) of section 3317.03 of the Revised Code.
(7)
"All-day kindergarten" means a
kindergarten class
that
is
in session five days per week for not
less than the same
number
of
clock hours each day as for pupils
in grades one through
six.
(11)(8)
"All-day kindergarten percentage" means the
percentage
of
a
district's actual total number of students
enrolled in
kindergarten who are
enrolled in all-day kindergarten.
(12)(9)
"Buildings with the highest concentration of need"
means:
(a) In fiscal years prior to fiscal year 2004,
the school
buildings in a district with percentages of
students
in grades
kindergarten
through three
receiving
assistance under Ohio works
first
at least as high as the
district-wide percentage of
students
receiving
such
assistance.
(b) Beginning in fiscal year 2004, the school buildings in
a
district with percentages of students in grades kindergarten
through three receiving family assistance at least as high as the
district-wide percentage of students receiving family assistance.
(c) If, in any fiscal year, the
information
provided by the
department of
job and family services
under
section 3317.10 of the
Revised
Code is insufficient to
determine
the
Ohio works first or
family assistance percentage in each building,
"buildings with
the
highest concentration of need" has the
meaning
given in rules
that
the department of education shall
adopt. The
rules shall
base the
definition of
"buildings with
the highest
concentration
of need"
on family income of students in
grades
kindergarten
through three
in a manner that, to the extent
possible
with
available data,
approximates the intent of this
division
and
division (G)(K) of this
section to designate buildings
where the
Ohio works first or
family assistance
percentage in those grades equals or
exceeds the
district-wide
Ohio works first or
family assistance percentage.
(B) In addition to the
amounts required to be paid to a
school district under section
3317.022 of the Revised Code, a
the department of education shall compute and distribute to each school district shall
receive for poverty-based assistance the greater of the following:
(1) The amount the
district received in fiscal
year 1998 2005 for disadvantaged pupil impact aid pursuant to division (B) of
section
3317.023 of the Revised Code as it
existed at that time or the Section 41.10 of Am. Sub. H.B. 95 of the 125th General Assembly, as amended, minus the amount deducted from the district under Section 16 of Am. Sub. S.B. 2 of the 125th General Assembly that year for payments to internet- and computer-based community schools;
(2) The sum of the
computations made under divisions (C) to (E)(I) of
this section.
(C) A supplemental payment that may be utilized for measures
related to safety and security and for remediation or similar academic intervention
programs,
if the district's poverty index is greater than or equal to 0.25, calculated as follows:
(1) If the DPIA index
of the school district is greater than
or equal to
thirty-five-hundredths, but less than one, an amount
obtained by
multiplying the
district's DPIA student
count by two
hundred thirty
dollars;
(2) If the DPIA index
of the school district is greater than
or equal to one,
an amount obtained by multiplying the
DPIA index
by two
hundred thirty dollars and multiplying that product by the
district's DPIA student count.
Except as otherwise provided in division (F) of this section,
beginning with the school year that starts July 1, 2002, each
school district annually shall use at least twenty per cent of the
funds calculated for the district under this division for
intervention services required by section 3313.608 of the Revised
Code.
(1) If the district's poverty index is greater than or equal to 0.25, calculate the district's level one amount for large-group academic intervention for all students as follows:
(a) If the district's poverty index is greater than or equal to 0.25 but less than 0.75:
large-group intervention units X hourly rate X
level one hours X [(poverty index – 0.25)/0.5]
X phase-in percentage
(i) "Large-group intervention units" equals the district's formula ADM divided by 20;
(ii) "Hourly rate" equals $20.00 in fiscal year 2006 and $20.40 in fiscal year 2007;
(iii) "Level one hours" equals 25 hours;
(iv) "Phase-in percentage" equals 0.60 in fiscal year 2006 and 1.00 in fiscal year 2007.
(b) If the district's poverty index is greater than or equal to 0.75:
large-group intervention units X hourly rate X level one hours
X phase-in percentage
Where "large-group intervention units," "hourly rate," "level one hours," and "phase-in percentage" have the same meanings as in division (C)(1)(a) of this section.
(2) If the district's poverty index is greater than or equal to 0.75, calculate the district's level two amount for medium-group academic intervention for all students as follows:
(a) If the district's poverty index is greater than or equal to 0.75 but less than 1.50:
medium-group intervention units X hourly rate X
{level one hours + [25 hours X ((poverty index – 0.75)/0.75)]}X phase-in percentage(i) "Medium group intervention units" equals the district's formula ADM divided by 15;
(ii) "Hourly rate," "level one hours," and "phase-in percentage" have the same meanings as in division (C)(1)(a) of this section.
(b) If the district's poverty index is greater than or equal to 1.50:
medium-group intervention units X hourly rate X level two hoursX phase-in percentage
(i) "Medium group intervention units" has the same meaning as in division (C)(2)(a)(i) of this section;
(ii) "Hourly rate" and "phase-in percentage" have the same meanings as in division (C)(1)(a) of this section;
(iii) "Level two hours" equals 50 hours.
(3) If the district's poverty index is greater than or equal to 1.50, calculate the district's level three amount for small-group academic intervention for impoverished students as follows:
(a) If the district's poverty index is greater than or equal to 1.50 but less than 2.50:
small group intervention units X hourly rate X
{level one hours + [level three hours X (poverty index – 1.50)]}X phase-in percentage
(i) "Small group intervention units" equals the quotient of (the district's poverty student count times 3) divided by 10;
(ii) "Hourly rate," "level one hours," and "phase-in percentage" have the same meanings as in division (C)(1)(a) of this section;
(iii) "Level three hours" equals 135 hours.
(b) If the district's poverty index is greater than or equal to 2.50:
small group intervention units X hourly rate X level three hoursX phase-in percentage
(i) "Small group intervention units" has the same meaning as in division (C)(3)(a)(i) of this section;
(ii) "Hourly rate" and "phase-in percentage" have the same meanings as in division (C)(1)(a) of this section;
(iii) "Level three hours" equals 160 hours.
Any district that receives funds under division (C)(2) or (3) of this section annually shall submit to the department of education by a date established by the department a plan describing how the district will deploy those funds. The deployment measures described in that plan shall comply with any applicable spending requirements prescribed in division (J)(6) of this section or with any order issued by the superintendent of public instruction under section 3317.017 of the Revised Code.
(D) A payment for all-day kindergarten if the
DPIA poverty index of
the school district is greater
than or equal to one
1.0 or if the
district's three-year average formula ADM exceeded
seventeen
thousand five hundred, calculated. In addition, the department shall make a payment under this division to any school district that, in a prior fiscal year, qualified for this payment and provided all-day kindergarten, regardless of changes to the district's poverty index. The department shall calculate the payment under this division by
multiplying the all-day
kindergarten percentage
by the
kindergarten ADM and multiplying
that product by the formula
amount.
(E) A class-size
reduction payment based on calculating the
number of new
teachers necessary to achieve a lower
student-teacher
ratio, as follows:
(1) Determine or calculate a formula number of teachers per
one
thousand students based on the
DPIA poverty index of the school
district as follows:
(a) If the DPIA
poverty index of the school district is less than
six-tenths 1.0, the
formula number of teachers is 43.478 50.0, which is the
number of
teachers per one thousand students at a student-teacher
ratio
of twenty-three twenty to one;
(b) If the DPIA poverty index of the school
district is greater than
or equal to six-tenths 1.0, but less than
two and one-half 1.5, the
formula number of teachers is calculated as
follows:
43.478 + {[(DPIA index-0.6)/
1.9] X 23.188} 50.0 + {[(poverty index – 1.0)/0.5] X 16.667}Where 43.478 50.0 is the number of teachers per one thousand
students at a student-teacher ratio of twenty-three twenty to one; 1.9
0.5 is
the interval from a DPIA
poverty index of six-tenths 1.0 to a
DPIA poverty index of
two and
one-half 1.5; and 23.188 16.667 is the difference in the number of
teachers per one thousand students at a student-teacher ratio of
fifteen to one and the number of teachers per one thousand
students at a student-teacher ratio of twenty-three twenty to
one.
(c) If the DPIA
poverty index of the school district is greater than
or equal to
two and one-half 1.5, the formula number of teachers is
66.667,
which is the number of teachers per one thousand students
at a
student-teacher ratio of fifteen to one.
(2) Multiply the formula number of teachers determined or
calculated in
division (E)(1) of this section by the
kindergarten
through third grade ADM for the district and divide that
product
by one thousand;
(3) Calculate the number of new teachers as follows:
(a) Multiply the kindergarten through third grade ADM
by
43.478 50.0, which is the
number of teachers per one thousand students
at a student-teacher ratio of
twenty-three twenty to one, and divide that
product by one thousand;
(b) Subtract the quotient obtained in
division (E)(3)(a) of
this section
from the product in division (E)(2) of this section.
(4) Multiply the greater of the difference obtained under
division (E)(3) of this section
or zero by the statewide average
teachers salary compensation. For this purpose, the "statewide average teacher compensation" is $53,680 in fiscal year 2006 and $54,941 in fiscal year 2007, which includes an amount for the value of fringe benefits.
(F) A payment for services to limited English proficient students, if the district's poverty index is greater than or equal to 1.0 and the proportion of its students who are limited English proficient, as reported in 2003 on its school district report issued under section 3302.03 of the Revised Code for the 2002-2003 school year, is greater than or equal to 2.0%, calculated as follows:
(1) If the district's poverty index is greater than or equal to 1.0, but less than 1.75, determine the amount per limited English proficient student as follows:
{0.125 + [0.125 X ((poverty index - 1.0)/0.75)]} X formula amount(2) If the district's poverty index is greater than or equal to 1.75, the amount per limited English proficient student equals:
0.25 X formula amount(3) Multiply the per student amount determined for the district under division (F)(1) or (2) of this section by the number of the district's limited English proficient students, times a phase-in percentage of 0.40 in fiscal year 2006 and 0.70 in fiscal year 2007. For purposes of this calculation, the number of limited English proficient students for each district shall be the number determined by the department when it calculated the district's percentage of limited English students for its school district report card issued in 2003 for the 2002-2003 school year.
Not later than December 31, 2006, the department of education shall recommend to the general assembly and the director of budget and management a method of identifying the number of limited English proficient students for purposes of calculating payments under this division after fiscal year 2007.
(G) A payment for professional development of teachers, if the district's poverty index is greater than or equal to 1.0, calculated as follows:
(1) If the district's poverty index is greater than or equal to 1.0, but less than 1.75, determine the amount per teacher as follows:
[(poverty index – 1.0)/ 0.75] X 0.045 X formula amount(2) If the district's poverty index is greater than or equal to 1.75, the amount per teacher equals:
0.045 X formula amount(3) Determine the number of teachers, as follows:
(formula ADM/17)(4) Multiply the per teacher amount determined for the district under division (G)(1) or (2) of this section by the number of teachers determined under division (G)(3) of this section, times a phase-in percentage of 0.40 in fiscal year 2006 and 0.70 in fiscal year 2007.
(H) A payment for dropout prevention, if the district is a big eight school district as defined in section 3314.02 of the Revised Code, calculated as follows:
0.005 X formula amount X poverty indexX formula ADM X phase-in percentage
Where "phase-in percentage" equals 0.40 in fiscal year 2006 and 0.70 in fiscal year 2007.
(I) An amount for community outreach, if the district is an urban school district as defined in section 3314.02 of the Revised Code, calculated as follows:
0.005 X formula amount X poverty index X formula ADM X phase-in percentage
Where "phase-in percentage" equals 0.40 in fiscal year 2006 and 0.70 in fiscal year 2007.
(J) This division applies only to school districts whose
DPIA poverty index is one 1.0 or greater.
(1) Each school district subject to this division shall
first utilize
funds received under this section so that, when
combined with other funds
of the district, sufficient funds exist
to provide all-day
kindergarten to at least the number of children
in the district's all-day
kindergarten percentage.
(2) Up to an amount equal to the district's DPIA index
multiplied by
its DPIA student count multiplied by
two hundred
thirty
dollars of the money
distributed under
this
section may be
utilized Each school district shall use its payment under division (F) of this section for one or more of the following purposes:
(a) To hire teachers for limited English proficient students or other personnel to provide intervention services for those students;
(b) To contract for intervention services for those students;
(c) To provide other services to assist those students in passing the third-grade reading achievement test, and to provide for those students the intervention services required by section 3313.608 of the Revised Code.
(3) Each school district shall use its payment under division (G) of this section for professional development of teachers or other licensed personnel providing educational services to students only in one or more of the following areas:
(a) Data-based decision making;
(b) Standards-based curriculum models;
(c) Job-embedded professional development activities that are research-based, as defined in federal law.
In addition, each district shall use the payment only to implement programs identified on a list of eligible professional development programs provided by the department of education. The department annually shall provide the list to each district receiving a payment under division (G) of this section. However, a district may apply to the department for a waiver to implement an alternative professional development program in one or more of the areas specified in divisions (J)(3)(a) to (c) of this section. If the department grants the waiver, the district may use its payment under division (G) of this section to implement the alternative program.
(4) Each big eight school district shall use its payment under division (H) of this section either for preventing at-risk students from dropping out of school, for safety and security measures described in division (J)(5)(b) of this section, for academic intervention services described in division (J)(6) of this section, or for a combination of those purposes. Not later than September 1, 2005, the department of education shall provide each big eight school district with a list of dropout prevention programs that it has determined are successful. The department subsequently may update the list. Each district that elects to use its payment under division (H) of this section for dropout prevention shall use the payment only to implement a dropout prevention program specified on the department's list. However, a district may apply to the department for a waiver to implement an alternative dropout prevention program. If the department grants the waiver, the district may use its payment under division (H) of this section to implement the alternative program.
(5) Each urban school district that has a poverty index greater than or equal to 1.0 shall use its payment under division (I) of this section for one or a combination of the following purposes:
(a) To hire or contract for community liaison officers, attendance or truant officers, or safety and security personnel;
(b) To implement programs designed to ensure that schools are free of drugs and violence and have a disciplined environment conducive to learning;
(c) To implement academic intervention services
described in division (J)(6) of this section.
(6) Each school district with a poverty index greater than or equal to 1.0 shall use the amount of its payment under division (C) of this section, and may use any amount of its payment under division (H) or (I) of this section, for one or both of the
following:
(a) Programs designed to ensure that
schools are free of
drugs and violence and have a disciplined
environment conducive to
learning;
(b) Remediation academic intervention services for students who have
failed or are in
danger of failing any of the tests
administered
pursuant to
section 3301.0710 of the Revised Code.
Beginning with the school year that starts on July 1, 2002,
each school district shall use at least twenty per cent of the
funds set aside for the purposes of divisions (F)(2)(a) and (b) of
this section to provide, including intervention services required by section
3313.608 of the Revised Code. No district shall spend any portion of its payment under division (C) of this section for any other purpose. Notwithstanding any provision to the contrary in Chapter 4117. of the Revised Code, no collective bargaining agreement entered into after the effective date of this amendment shall require use of the payment for any other purpose.
(3)(7) Except as otherwise required by division (G)(K) or
permitted under division (K)(O) of this section,
all other remaining funds
distributed under this section to districts subject to
this
division with a poverty index greater than or equal to 1.0 shall be utilized for the purpose of
the third grade
guarantee. The third grade guarantee consists
of increasing the
amount of
instructional attention received per pupil in
kindergarten
through third grade, either by reducing the ratio of
students to
instructional personnel or by increasing the amount of
instruction and curriculum-related activities by extending the
length of the school day or the school year.
School districts may implement a reduction of the ratio of
students to instructional personnel through any or all of the
following methods:
(a) Reducing the number of students in a
classroom taught by
a single teacher;
(b) Employing full-time educational aides or
educational
paraprofessionals issued a permit or license under
section
3319.088 of the Revised Code;
(c) Instituting a team-teaching method
that will result in a
lower student-teacher ratio in a classroom.
Districts may extend the school day either by increasing
the
amount of time allocated for each class, increasing the
number of
classes provided per day, offering optional academic-related
after-school programs, providing curriculum-related
extra
curricular activities, or establishing tutoring or
remedial
services for students who have demonstrated an
educational need.
In accordance with section 3319.089 of the Revised Code, a
district
extending the school day pursuant to this division may
utilize a participant
of the work experience program who has a
child enrolled in a public school in
that district and who is
fulfilling the work requirements of that program by
volunteering
or working in that public school. If the work experience program
participant is compensated, the school district may use the funds
distributed
under this section for all or part of the
compensation.
Districts may extend the school year either through adding
regular days of instruction to the school calendar or by
providing
summer programs.
(G)(K) Each district subject to division
(F) of this section
shall not expend any funds
received under division (E) of this
section in
any school buildings that are not buildings with the
highest concentration of
need, unless there is a ratio of
instructional personnel to students of no
more than fifteen to one
in each kindergarten and first grade class in all
buildings with
the highest concentration of need.
This division does not require
that the funds used in
buildings with the highest concentration of
need be spent solely
to reduce the ratio of instructional
personnel to students in
kindergarten and first grade. A school
district may spend the
funds in those buildings in any manner
permitted by division
(F)(3)(J)(7) of this section, but may
not spend
the money in other buildings unless the fifteen-to-one ratio
required by this division is attained.
(H)(L)(1) By the first day of August of each fiscal year, each
school district wishing to receive any funds under division (D)
of
this section shall submit to the department of
education an
estimate of its
all-day kindergarten percentage.
Each district
shall update its estimate throughout the
fiscal year in the form
and manner required by the department,
and the department shall
adjust payments under this section to
reflect the updates.
(2) Annually by the end of December, the department of
education, utilizing data from the information system
established
under section 3301.0714
of the Revised Code and after consultation
with the
legislative office of education oversight, shall
determine for each school district subject to division (F)(J) of
this
section whether in the preceding fiscal year the
district's ratio
of instructional personnel to students and its number
of
kindergarten students receiving all-day kindergarten appear
reasonable, given the amounts of money the district
received for
that fiscal year pursuant to divisions (D) and (E) of
this
section. If the department is unable to verify from the
data
available that students are receiving reasonable amounts of
instructional attention and all-day kindergarten, given the funds
the district
has received under this section
and that class-size
reduction
funds are being used in school buildings with the
highest concentration of
need as required by division (G)(K) of this
section, the
department shall conduct a more intensive
investigation to
ensure that funds have been expended as required
by this
section. The department shall file an annual report of
its findings under
this division with the chairpersons of the
committees in each house of the
general assembly dealing with
finance and education.
(I) Any (M)(1) Each school district with a DPIA poverty index less than one
1.0 and
a three-year average formula ADM exceeding seventeen thousand five
hundred shall first utilize funds received
under
this section so
that,
when combined with other funds of the
district,
sufficient
funds
exist to provide all-day kindergarten
to at least the
number
of
children in the district's all-day
kindergarten
percentage.
Such
a district
(2) Each school district with a poverty index less than 1.0 that receives a payment under division (C) of this section shall use its payment under that division in accordance with all requirements of division (J)(6) of this section.
(3) Each school district with a poverty index less than 1.0 that receives a payment under division (I) of this section shall use its payment under that division for one or a combination of the following purposes:
(a) To hire or contract for community liaison officers, attendance or truant officers, or safety and security personnel;
(b) To implement programs designed to ensure that schools are free of drugs and violence and have a disciplined environment conducive to learning;
(c) To implement academic intervention services
described in division (J)(6) of this section.
(4) Each school district to which division (M)(1), (2), or (3) of this section applies shall expend at least
seventy per
cent of the
remaining
funds received under this
section, and
any other
district with a
DPIA
poverty index less than
one 1.0 shall expend at
least
seventy per cent of
all funds received
under this
section, for any
of the following
purposes:
(1)(a) The purchase of technology for
instructional purposes for remediation;
(2)(b) All-day kindergarten;
(3)(c) Reduction of class sizes in grades kindergarten through three, as described in division (J)(7) of this section;
(4)(d) Summer school remediation;
(5)(e) Dropout prevention programs approved by the department of education under division (J)(4) of this section;
(6)(f) Guaranteeing that all third graders are
ready to
progress to more advanced work;
(7)(g) Summer education and work programs;
(8)(h) Adolescent pregnancy programs;
(9)(i) Head start or, preschool, early childhood education, or early learning programs;
(10)(j) Reading improvement and remediation programs described
by the
department of education;
(11)(k) Programs designed to ensure that schools
are free of
drugs and violence and have a disciplined
environment conducive to
learning;
(12)(l) Furnishing, free of charge, materials used in
courses
of instruction, except for the necessary textbooks
or electronic
textbooks required to be furnished without charge pursuant to
section 3329.06 of the Revised Code, to pupils living in families
participating in Ohio works first in accordance with section
3313.642 of the Revised Code;
(13)(m) School breakfasts provided pursuant to section
3313.813
of the Revised Code.
Each district shall submit to the department, in such format
and at such
time as the department shall specify, a report on the
programs for which it
expended funds under this division.
(J)(N) If at any time the superintendent of public instruction
determines that a school district receiving funds
under division
(D) of this section has enrolled less than the all-day
kindergarten
percentage reported for that fiscal year, the
superintendent
shall withhold from the funds otherwise due the
district under
this section a proportional amount as determined by
the difference in the
certified all-day
kindergarten percentage
and the percentage actually enrolled in
all-day kindergarten.
The superintendent shall also withhold an appropriate amount
of funds
otherwise due a district for any other misuse of funds
not in accordance with
this section.
(K)(O)(1) A district may use a portion of the funds calculated
for
it under division (D) of this section to modify or purchase
classroom space to provide all-day kindergarten, if both of the
following
conditions are met:
(a) The district certifies to the department, in a manner
acceptable to the department, that it has a shortage of space for
providing all-day kindergarten.
(b) The district provides all-day kindergarten to the number
of children in
the all-day kindergarten percentage it certified
under this section.
(2) A district may use a portion of the funds described in
division (F)(3)(J)(7) of this section to modify or purchase classroom
space to enable it to further reduce class size in grades
kindergarten through two with a goal of attaining class sizes of
fifteen students per licensed teacher. To do so, the district
must certify its need for additional space to the department, in a
manner satisfactory to the department.
Sec. 3317.0216. (A) As used in this section:
(1) "Total taxes charged and payable for current
expenses"
means the sum of the taxes charged and payable as
certified under
division (A)(3)(a) of section 3317.021 of the
Revised Code less
any amounts reported under division (A)(3)(b) of that
section,
and
the tax distribution for the preceding year under any school
district income tax levied by the district pursuant to
Chapter
5748. of the Revised Code to the extent the
revenue from the
income tax is allocated or apportioned to current
expenses.
(2)
"Charge-off amount" means the product obtained by
multiplying two and three-tenths per cent multipled by (the sum of recognized
valuation and property exemption value).
(3) Until fiscal year 2003, the "actual local share of
special education,
transportation, and vocational education
funding" for any school
district means the sum of the district's
attributed local shares
described in divisions (F)(1) to (3) of
section 3317.022 of the
Revised Code. Beginning in fiscal year
2003, the "actual local share of special education,
transportation, and vocational education funding" means that sum
minus the amount of any excess cost supplement
payment calculated
for the district under division (F) of
section 3317.022 of the
Revised Code.
(4) "Current expense revenues from the tangible property tax replacement fund" means payments received from the school district tangible property tax replacement fund or the general revenue fund under section 5751.21 of the Revised Code for fixed-rate levies for current expenses and for fixed-sum levies for current expenses, including school district emergency levies under sections 5705.194 to 5705.197 of the Revised Code.
(B) Upon receiving the certifications under section 3317.021
of
the Revised Code, the department of education shall determine
for each city,
local, and exempted village school district whether
the
district's charge-off amount is greater than the sum of the district's
total
taxes charged and payable for current
expenses and current expense revenues from the tangible property tax replacement fund, and if it
the charge-off amount is greater,
shall pay the district the amount of the
difference. A
payment shall not be
made to any school district
for which the
computation under division
(A) of section 3317.022
of the Revised
Code
equals zero.
(C)(1) If a district's charge-off amount is equal to or
greater
than the sum of its total
taxes charged and
payable for current
expenses and current expense revenues from the tangible property tax replacement fund, the
department shall, in addition to
the payment
required under
division (B) of this section, pay the
district the
amount of
its actual local share of special
education,
transportation, and
vocational
education
funding.
(2) If a district's charge-off amount is less than the sum of its
total
taxes charged and payable for current expenses and current expense revenues from the tangible property tax replacement fund,
the department
shall pay the district any amount by
which
its
actual local share
of
special education,
transportation, and vocational education
funding exceeds the sum of its
total
taxes charged and payable for current
expenses and current expense revenues from the tangible property tax replacement fund minus its
charge-off amount.
(D) If a school district that received a payment under division (B) or (C) of this section in the prior fiscal year is ineligible for payment under those divisions in the current fiscal year, the department shall determine if the ineligibility is the result of a property tax or income tax levy approved by the district's voters to take effect in tax year 2005 or thereafter. If the department determines that is the case, and calculates that the levy causing the ineligibility exceeded by at least one mill the equivalent millage of the prior year's payment under divisions (B) and (C) of this section, the department shall make a payment to the district for the first three years that the district loses eligibility for payment under divisions (B) and (C) of this section, as follows:
(1) In the first year of ineligibility, the department shall pay the district seventy-five per cent of the amount it last paid the district under divisions (B) and (C) of this section.
(2) In the second year of ineligibility, the department shall pay the district fifty per cent of the amount it last paid the district under those divisions.
(3) In the third year of ineligibility, the department shall pay the district twenty-five per cent of the amount it last paid the district under those divisions.
(E) A district that receives payment under division (D) of this section and subsequently qualifies for payment under division (B) or (C) of this section is ineligible for future payments under division (D) of this section.
Sec. 3317.0217. The department of education shall annually compute and pay state parity aid to school districts, as follows:
(A) Calculate the local wealth per pupil of each school
district, which equals the following sum:
(1) Two-thirds times the quotient of (a) the district's
recognized valuation divided by (b) its formula ADM; plus
(2) One-third times the quotient of (a) the average of the
total federal adjusted gross income of the school district's
residents for the three years most recently reported under section
3317.021 of the Revised Code divided by (b) its formula ADM.
(B) Rank all school districts in order of local wealth per
pupil, from the district with the lowest local wealth per pupil to
the district with the highest local wealth per pupil.
(C) Compute the per pupil state parity aid funding for each
school
district in accordance with the following formula:
Payment percentage X (threshold local wealthper pupil - the
district's localwealth per pupil) X 0.0095 0.0075(1) "Payment percentage," for purposes of division (C) of
this section, equals 20% in
fiscal year 2002, 40%
in fiscal year
2003, 58% in fiscal year 2004, 76% in fiscal year
2005, and 100%
after
fiscal year 2005.
(2) Nine and one-half mills (0.0095) is the general
assembly's
determination of the average number of effective
operating mills
that districts in the seventieth to ninetieth
percentiles of
valuations per pupil collected in fiscal year 2001
above the
revenues required to finance their attributed local
shares of the
calculated cost of an adequate education. This was
determined by
(a) adding the district revenues from operating
property tax
levies and income tax levies, (b) subtracting from
that total the
sum of (i) twenty-three mills times adjusted
recognized valuation
plus (ii) the attributed local shares of
special education,
transportation, and vocational education
funding as described in
divisions (F)(1) to (3) of section
3317.022 of the Revised Code,
and (c) converting the result to an
effective operating property
tax rate Seven and one-half mills (0.0075) is an adjustment to the original parity aid standard of nine and one-half mills, to account for the general assembly's policy decision to phase-out use of the cost-of-doing-business factor in the base cost formula.
(3)(2) The "threshold local wealth per pupil" is the local
wealth per pupil of the school district with the
four-hundred-ninetieth lowest local wealth per pupil.
If the result of the calculation for a school district under
division (C) of this section is less than zero, the district's per
pupil parity aid shall be zero.
(D) Compute the per pupil alternative parity aid for each
school district that has a combination of an income factor of 1.0
or less, a DPIA poverty index of 1.0 or greater, and a fiscal year 2005
cost-of-doing-business factor of 1.0375 or greater, in accordance
with the following formula:
Payment percentage X $60,000 X
(1 - income factor) X 4/15 X 0.023(1) "DPIA Poverty index" has the same meaning as in section 3317.029
of the Revised Code.
(2) "Payment percentage," for purposes of division (D) of
this section, equals 50% in fiscal year 2002 and 100% after fiscal
year 2002.
(E) Pay each district that has a combination of an income
factor of 1.0 or less, a DPIA poverty index of 1.0 or greater, and a fiscal year 2005
cost-of-doing-business factor of 1.0375 or greater, the greater of
the following:
(1) The product of the district's per pupil parity aid
calculated under division (C) of this section times its net formula
ADM;
(2) The product of its per pupil alternative parity aid
calculated under division (D) of this section times its net formula
ADM.
(F) Pay every other district the product of its per pupil
parity aid calculated under division (C) of this section times its net
formula ADM.
(G) As used in divisions (E) and (F) of this section, "net formula ADM" means formula ADM minus the number of internet- and computer-based community school students and scholarship students reported under divisions (B)(3)(e) and (f) of section 3317.03 of the Revised Code.
Sec. 3317.03. Notwithstanding divisions
(A)(1), (B)(1), and
(C) of this section, any
student enrolled in kindergarten more
than half time shall be reported as
one-half student under this
section.
(A) The superintendent of each city and exempted
village
school district and of each educational service center shall,
for
the schools under the superintendent's supervision,
certify to the
state board of
education on or before the fifteenth day of October
in each year for
the first full school week in October the formula
ADM,
which. Beginning in fiscal year 2006, each superintendent also shall certify to the state board, for the schools under the superintendent's supervision, the formula ADM for the third full week in February. If a school under the superintendent's supervision is closed for one or more days during that week due to hazardous weather conditions or other circumstances described in the first paragraph of division (B) of section 3317.01 of the Revised Code, the superintendent may apply to the superintendent of public instruction for a waiver, under which the superintendent of public instruction may exempt the district superintendent from certifying the formula ADM for that school for that week and specify an alternate week for certifying the formula ADM of that school.
The formula ADM shall consist of the average daily membership during
such week of the
sum of the following:
(1) On an FTE basis, the number of
students in grades
kindergarten through twelve receiving any educational
services
from the district,
except that the following categories of
students shall not be
included in the determination:
(a) Students enrolled in adult education classes;
(b) Adjacent or other district students enrolled in the
district under an open enrollment policy pursuant to section
3313.98 of the Revised Code;
(c) Students receiving services in the district pursuant to
a compact,
cooperative education agreement, or a contract, but who
are entitled to attend
school in another district pursuant to
section 3313.64 or 3313.65 of the
Revised Code;
(d) Students for whom tuition is
payable pursuant to
sections 3317.081 and 3323.141 of the
Revised Code.
(2) On an FTE basis, the number of
students entitled to
attend school in the district pursuant to
section 3313.64 or
3313.65 of the
Revised Code, but receiving educational
services in
grades kindergarten through twelve from one or more of the
following entities:
(a) A community school pursuant to Chapter
3314. of the
Revised Code, including any participation in a college
pursuant to
Chapter 3365. of the Revised Code while enrolled in such community
school;
(b) An alternative school pursuant to sections 3313.974 to
3313.979 of the Revised Code as described in division
(I)(2)(a) or
(b) of this section;
(c) A college pursuant to Chapter 3365. of the Revised Code,
except
when the student is enrolled in the college while also
enrolled in a community
school pursuant to Chapter 3314. of the
Revised Code;
(d) An adjacent or other
school district under an open
enrollment policy adopted pursuant
to section 3313.98 of the
Revised Code;
(e) An educational service
center or cooperative education
district;
(f) Another school district
under a cooperative education
agreement, compact, or contract;
(g) A chartered nonpublic school with a scholarship paid under section 3310.08 of the Revised Code.
(3) Twenty per cent of the number of students enrolled in a joint
vocational school district or under a vocational education
compact,
excluding any students
entitled to attend school in the
district under section 3313.64 or
3313.65 of the Revised Code who
are enrolled in another
school district through an open enrollment
policy as reported under
division (A)(2)(d) of this section and
then enroll in
a joint vocational school district or under a
vocational education
compact;
(4) The number of handicapped children, other than
handicapped preschool children, entitled to attend school in the
district pursuant to section 3313.64 or 3313.65 of the
Revised
Code who are placed with a
county MR/DD board, minus the
number of
such children placed with a county
MR/DD board in fiscal year
1998. If this calculation produces a negative number, the
number
reported under division
(A)(4) of this section shall be
zero.
(5) In the case of the report submitted for the third full week in February, or the alternative week if specified by the superintendent of public instruction, the number of students reported under division (A)(1) or (2) of this section for the first full week of the preceding October but who since that week have received high school diplomas.
(B) To enable the
department of education to obtain the data
needed to complete
the calculation of payments pursuant to this
chapter, in
addition to the formula ADM, each
superintendent shall
report separately the following student
counts for the same week for which formula ADM is certified:
(1) The total average daily membership in regular day
classes included in the report under division (A)(1) or (2) of
this
section for kindergarten, and each of grades one through
twelve in
schools under the
superintendent's supervision;
(2) The number of all handicapped
preschool
children
enrolled as of the first day of
December in classes in the
district that are eligible for approval
under division (B) of section 3317.05 of the Revised
Code
and the number of those classes, which shall be reported not
later than the
fifteenth day of December, in accordance with rules
adopted under
that section;
(3) The number of children entitled to attend school in
the
district pursuant to section 3313.64 or 3313.65 of the
Revised
Code who are participating:
(a) Participating in a
pilot project scholarship program
established under sections
3313.974 to 3313.979 of the Revised
Code as described in division
(I)(2)(a) or (b) of this section,
are enrolled;
(b) Enrolled in a college under Chapter
3365. of the Revised Code,
except when the
student is enrolled in the college while also
enrolled in a community school
pursuant to Chapter 3314. of the
Revised Code, are enrolled;
(c) Enrolled in an adjacent or
other school district
under section 3313.98 of the Revised Code,
are enrolled;
(d) Enrolled in a
community school
established under Chapter 3314.
of the Revised
Code that is not an internet- or computer-based community school as defined in section 3314.02 of the Revised Code, including any participation in a college
pursuant to Chapter
3365. of the Revised Code while enrolled in such community
school,
or are participating;
(e) Enrolled in an internet- or computer-based community school, as defined in section 3314.02 of the Revised Code, including any participation in a college pursuant to Chapter 3365. of the Revised Code while enrolled in the school;
(f) Enrolled in a chartered nonpublic school with a scholarship paid under section 3310.08 of the Revised Code;
(g) Participating in a
program operated by a county MR/DD board
or a state
institution;
(4) The number of pupils enrolled in joint vocational
schools;
(5) The average daily membership of
handicapped children
reported under division (A)(1) or (2) of this
section receiving
special education
services
for the category one
handicap described
in division (A)
of section 3317.013 of the
Revised Code;
(6) The average daily membership of handicapped children
reported under
division (A)(1) or (2) of this section receiving
special
education services
for category two
handicaps
described
in division
(B)
of section 3317.013 of the
Revised Code;
(7) The average daily membership of handicapped children
reported under
division (A)(1) or (2) of this section
receiving
special education services for
category three handicaps
described
in division
(C)
of
section
3317.013
of the Revised Code;
(8)
The average daily
membership of handicapped children
reported under division (A)(1)
or (2) of this section receiving
special education services for
category four handicaps described
in division (D) of section
3317.013 of the Revised Code;
(9) The average daily membership of handicapped children
reported under division (A)(1) or (2) of this section receiving
special education services for the category five handicap
described
in division (E) of section 3317.013 of the Revised Code;
(10) The average daily membership of handicapped children
reported under division (A)(1) or (2) of this section receiving
special education services for category six handicaps described in
division (F) of section 3317.013 of the Revised Code;
(11) The average daily membership of pupils reported under
division
(A)(1) or (2) of this section enrolled in category one
vocational education programs or classes, described in division
(A) of section 3317.014 of the Revised Code, operated by the
school
district or by another district, other than a joint
vocational school
district, or by an educational service center, excluding any student reported under division (B)(3)(e) of this section as enrolled in an internet- or computer-based community school, notwithstanding division (C) of section 3317.02 of the Revised Code and division (C)(3) of this section;
(12) The average daily membership of pupils reported
under
division
(A)(1) or (2) of this section enrolled in category
two
vocational
education programs or services, described in
division
(B) of section
3317.014 of the Revised Code, operated by
the
school district or another school district,
other than a joint
vocational school district, or by an educational service
center, excluding any student reported under division (B)(3)(e) of this section as enrolled in an internet- or computer-based community school, notwithstanding division (C) of section 3317.02 of the Revised Code and division (C)(3) of this section;
(13) The average number of
children transported by the
school district on board-owned or contractor-owned and -operated
buses,
reported in accordance with rules adopted by
the department
of education;
(14)(a) The number of children, other than
handicapped
preschool children, the district placed with a
county MR/DD board
in fiscal
year 1998;
(b) The number of handicapped children, other than
handicapped preschool children, placed with a county
MR/DD board
in the current
fiscal year to receive
special
education services
for the category one handicap
described in
division (A) of
section
3317.013
of the Revised
Code;
(c) The number of handicapped children, other than
handicapped preschool children, placed with a county
MR/DD board
in the current
fiscal year to receive
special
education services
for category two handicaps
described in
division (B) of
section
3317.013
of the Revised
Code;
(d) The number of handicapped children, other than
handicapped preschool children, placed with a county
MR/DD board
in the current
fiscal year to receive
special
education
services
for category three handicaps described in
division
(C) of section
3317.013 of the Revised
Code;
(e) The number of handicapped children, other than
handicapped preschool children, placed with a county MR/DD board
in the current fiscal year to receive special education services
for category four handicaps described in division (D) of section
3317.013 of the Revised Code;
(f) The number of handicapped children, other than
handicapped preschool children, placed with a county MR/DD board
in the current fiscal year to receive special education services
for the category five handicap described in division (E) of
section
3317.013 of the Revised Code;
(g) The number of handicapped children, other than
handicapped preschool children, placed with a county MR/DD board
in the current fiscal year to receive special education services
for category six handicaps described in division (F) of section
3317.013 of the Revised Code.
(C)(1) Except as otherwise provided in this section for
kindergarten students, the average daily membership in divisions
(B)(1) to
(12) of this section shall be based
upon the number
of
full-time equivalent students. The state board of
education
shall
adopt rules defining full-time equivalent students and for
determining the average daily membership therefrom
for the
purposes of divisions (A), (B), and
(D) of this section.
(2) A student enrolled in a community school established
under Chapter 3314. of the Revised Code shall be counted in the
formula ADM and, if applicable, the category one, two, three,
four, five, or six
special education ADM of the school district in
which the student
is entitled to attend school under section
3313.64 or 3313.65 of
the Revised Code for the same proportion of
the school year that
the student is counted in the enrollment of
the community school
for purposes of section 3314.08 of the
Revised Code.
(3) No child
shall be
counted as more than a total of one
child in the
sum of
the average daily memberships of a
school
district under division
(A), divisions
(B)(1) to
(12), or division
(D) of this
section,
except as follows:
(a) A child with a handicap described in section 3317.013
of
the Revised Code may be
counted both in formula
ADM and in
category one, two,
three,
four, five, or six
special education
ADM and, if applicable, in
category one or two
vocational
education
ADM. As provided in
division (C) of section
3317.02 of
the Revised Code,
such a child
shall be counted in
category one,
two,
three, four, five, or
six special education
ADM in the same
proportion that the child is
counted in formula
ADM.
(b) A child enrolled in vocational education programs or
classes described
in section
3317.014 of the Revised Code
may be
counted both in formula ADM and
category one or two
vocational
education ADM and, if applicable, in
category one, two,
three,
four, five, or six
special education ADM. Such a child
shall be
counted in category
one or two vocational education ADM
in
the
same proportion as the
percentage of time that the child
spends in
the
vocational
education programs or classes.
(4) Based on the information reported
under this section,
the
department of education shall determine the total
student
count,
as defined in section 3301.011 of the Revised Code, for
each
school district.
(D)(1) The superintendent of each joint vocational school
district
shall certify to
the superintendent of public instruction
on or before the fifteenth
day of October in each year for the
first full school week in
October the formula ADM, which. Beginning in fiscal year 2006, each superintendent also shall certify to the state superintendent the formula ADM for the third full week in February. If a school operated by the joint vocational school district is closed for one or more days during that week due to hazardous weather conditions or other circumstances described in the first paragraph of division (B) of section 3317.01 of the Revised Code, the superintendent may apply to the superintendent of public instruction for a waiver, under which the superintendent of public instruction may exempt the district superintendent from certifying the formula ADM for that school for that week and specify an alternate week for certifying the formula ADM of that school.
The formula ADM, except
as otherwise provided in this division, shall
consist of
the
average daily
membership during such week, on an
FTE basis, of the
number of
students receiving any educational
services from the
district,
including students enrolled in a
community school established under Chapter 3314. of the Revised
Code who are attending the joint vocational district under an
agreement between the district board of education and the
governing authority of the community school and are entitled to
attend school in a city, local, or exempted village school
district whose territory is part of the territory of the joint
vocational district. In the case of the report submitted for the third week in February, or the alternative week if specified by the superintendent of public instruction, the superintendent of the joint vocational school district may include the number of students reported under division (D)(1) of this section for the first full week of the preceding October but who since that week have received high school diplomas.
The following categories
of students shall not be
included
in the determination
made under division (D)(1) of this section:
(a) Students enrolled in adult education classes;
(b) Adjacent or other district joint vocational students
enrolled
in the district under an open enrollment policy pursuant
to section
3313.98 of the Revised Code;
(c) Students receiving services in the district pursuant
to
a compact, cooperative education agreement, or a contract, but who
are
entitled to attend school in a city, local, or
exempted
village school district whose territory is not part of
the
territory of the joint vocational district;
(d) Students for whom tuition is payable pursuant to
sections
3317.081 and 3323.141 of the Revised Code.
(2) To enable the department of education to obtain the data
needed to complete the calculation of payments pursuant to this
chapter,
in addition to the formula ADM, each superintendent shall
report
separately the average daily membership included in the
report under division
(D)(1) of this section for each of the
following categories of
students for the same week for which formula ADM is certified:
(a) Students enrolled in each grade included in the joint
vocational district schools;
(b) Handicapped children receiving
special
education
services
for the category one handicap described in
division (A)
of section 3317.013
of the Revised Code;
(c) Handicapped children receiving
special
education
services
for the category two handicaps described in
division (B)
of section 3317.013
of the Revised Code;
(d) Handicapped children
receiving special education
services for category three
handicaps
described in division
(C)
of section
3317.013 of the
Revised Code;
(e)
Handicapped children
receiving special education services
for category four handicaps
described in division (D) of section
3317.013 of the Revised Code;
(f) Handicapped children receiving special education
services for the category five handicap described in division (E)
of
section 3317.013 of the Revised Code;
(g) Handicapped children receiving special education
services for category six handicaps described in division (F) of
section 3317.013 of the Revised Code;
(h)
Students receiving category one vocational education
services, described in division (A) of section 3317.014 of the
Revised Code;
(i) Students receiving category two vocational education
services, described in division (B) of section 3317.014 of the
Revised Code.
The superintendent of each joint vocational school district
shall also indicate the city, local, or
exempted village school
district in which each
joint vocational district pupil is entitled
to attend school
pursuant to section 3313.64 or 3313.65 of the
Revised Code.
(E) In each school of each city, local, exempted village,
joint vocational, and cooperative education school district there
shall be maintained a record of school membership, which record
shall accurately show, for each day the school is in session, the
actual membership enrolled in regular day classes. For the
purpose of determining average daily membership, the membership
figure of any school shall not include any pupils except those
pupils described by division (A) of this section. The
record of
membership for each school shall be maintained in such
manner that
no pupil shall be counted as in membership prior to
the actual
date of entry in the school and also in such
manner that where for
any cause a pupil permanently withdraws
from the school that pupil
shall not be counted as in
membership from and
after the date of
such withdrawal. There shall not be included
in the membership of
any school any of the following:
(1) Any pupil who has graduated from
the twelfth grade of a
public high school;
(2) Any pupil who is not a resident of the state;
(3) Any pupil who was enrolled in the schools
of the
district during the previous school year when tests were
administered under section 3301.0711 of the Revised Code but did
not take one or more of the tests required by that section and
was
not excused pursuant to division (C)(1) or (3) of that section;
(4) Any pupil who has attained the age of twenty-two years,
except for veterans of the armed services whose attendance was
interrupted before completing the recognized twelve-year course
of
the public schools by reason of induction or enlistment in the
armed forces and who apply for reenrollment in the public school
system of their residence not later than four years after
termination of war or their honorable discharge.
If, however, any veteran described by
division (E)(4) of
this
section elects to
enroll in special courses organized for
veterans
for whom tuition is paid under the provisions of federal
laws, or
otherwise, that veteran shall not be included in
average
daily
membership.
Notwithstanding division (E)(3) of this section, the
membership of any school may include a pupil who did not take a
test required by section 3301.0711 of the Revised Code if the
superintendent of public instruction grants a waiver from the
requirement to take the test to the specific pupil. The
superintendent may grant such a waiver only for good cause in
accordance with rules adopted by the state board of education.
Except as provided in
divisions (B)(2)
and (F) of
this section,
the
average daily membership figure of any local,
city,
exempted
village, or joint vocational school district shall
be
determined
by dividing
the figure representing the sum of the
number of
pupils enrolled during each
day the school of attendance
is
actually open for
instruction during the first full school week
in
October for which the formula ADM is being certified by the total number
of days the school was actually
open
for instruction during that
week. For purposes of state
funding,
"enrolled" persons are only
those pupils who are
attending school,
those who have attended
school during the
current school year and
are absent for
authorized reasons, and
those handicapped children
currently
receiving home instruction.
The average daily membership figure of any cooperative
education school
district shall be determined in accordance with
rules adopted by the state
board of education.
(F)(1) If the formula ADM for the first full school
week in
February is at
least three per cent greater than that certified
for the first
full school week in the preceding October, the
superintendent of
schools of any city, exempted village, or joint
vocational school district
or educational service center shall
certify such increase to the
superintendent of public
instruction.
Such certification shall be submitted no later than
the fifteenth
day of February. For the balance of the fiscal
year, beginning
with the February payments, the superintendent of
public
instruction shall use the increased formula
ADM in calculating or
recalculating the amounts to be allocated in
accordance with section 3317.022 or 3317.16 of
the Revised
Code. In no event
shall the superintendent use an increased
membership certified to
the superintendent after the
fifteenth day of February. Division (F)(1) of this section does not apply after fiscal year 2005.
(2) If on the first school day of April the total number
of
classes or units for handicapped
preschool children that
are
eligible for approval under division (B) of section 3317.05
of the
Revised Code exceeds the number of units
that have been approved
for the year under that division, the
superintendent of schools of
any city, exempted village,
or cooperative education school
district or educational
service center shall make the
certifications required by this
section for that day. If the
department determines additional units can be
approved for the
fiscal year within any limitations set forth in
the acts
appropriating moneys for the funding of such units,
the
department shall approve additional units for the fiscal year on
the
basis of such average daily membership. For each unit so
approved, the department shall pay an amount
computed
in the manner prescribed in section
3317.052 or 3317.19
and
section
3317.053 of the Revised Code.
(3) If a student attending a community school under Chapter
3314. of the Revised Code is not included in the formula ADM
certified for the first full school week of October for the school
district in which the student is entitled to attend school under
section 3313.64 or 3313.65 of the Revised Code, the department of
education shall adjust the formula ADM of that school district to
include the community school student in accordance with division
(C)(2) of this section, and shall recalculate the school
district's payments under this chapter for the entire fiscal year
on the basis of that adjusted formula ADM. This requirement
applies regardless of whether the student was enrolled, as defined
in division (E) of this section, in the community school during
the first full school week in October.
(G)(1)(a) The superintendent of an institution operating a
special education program pursuant to section 3323.091 of the
Revised Code shall, for the programs under such
superintendent's
supervision,
certify to the state board of education the, in the manner prescribed by the superintendent of public instruction, both of the following:
(i) The average daily membership of all handicapped children other than handicapped preschool children receiving services at the institution for each category of handicap described in divisions (A) to (F) of section 3317.013 of the Revised Code;
(ii) The average
daily
membership of all handicapped preschool children in classes or
programs
approved annually by the department of education, in the
manner prescribed
by the superintendent of public instruction for unit funding under section 3317.05 of the Revised Code.
(b) The superintendent of an
institution with vocational
education units approved under
division (A) of section 3317.05 of
the Revised
Code shall, for the units under
the superintendent's
supervision, certify to the state board of
education the average
daily membership in those units, in the
manner prescribed by the
superintendent of public
instruction.
(2) The superintendent of each county MR/DD board that
maintains special education classes
under section 3317.20 of the
Revised Code or units approved
pursuant to section
3317.05 of the Revised Code shall
do both of
the following:
(a) Certify to the state board, in the
manner prescribed by
the board, the average daily
membership in classes
under section
3317.20 of
the Revised Code for each
school district that has
placed children
in the classes;
(b) Certify to the state board, in the manner prescribed by
the
board, the number of all handicapped preschool children
enrolled as of
the first day of December in classes eligible for
approval
under division (B) of
section 3317.05 of the Revised
Code, and the number of those
classes.
(3)(a)
If on the first school day of
April the number of
classes or units maintained for handicapped preschool
children by
the county MR/DD board
that are eligible for approval under
division (B) of section 3317.05 of the
Revised Code is greater
than the number of units approved for the year under
that
division,
the superintendent shall make the
certification required
by this section for that day.
(b) If the department determines that additional classes
or
units can be
approved for the fiscal year within any
limitations
set forth in
the acts appropriating moneys for the
funding of the
classes and units described in division (G)(3)(a)
of this
section, the department shall approve and
fund
additional units for the
fiscal year on the basis of such average
daily membership. For
each
unit so approved, the department shall pay an
amount
computed in the manner prescribed in
sections
3317.052 and
3317.053 of the Revised
Code.
(H) Except as provided in division (I)
of this section, when
any city, local, or exempted village school
district provides
instruction for a nonresident pupil whose
attendance is
unauthorized attendance as defined in section
3327.06 of the
Revised Code, that pupil's membership shall not be
included in
that district's membership figure used in the
calculation of that
district's formula
ADM or included in the determination of any
unit approved for
the district under section 3317.05 of the
Revised Code. The
reporting official shall report separately the
average daily
membership of all pupils whose attendance in the
district is
unauthorized attendance, and the membership of each
such pupil
shall be credited to the school district in which the
pupil is
entitled to attend school under division (B) of section
3313.64
or section 3313.65 of the Revised Code as determined by
the
department of education.
(I)(1) A city, local, exempted village, or joint vocational
school
district admitting
a scholarship student
of a pilot project
district pursuant to division (C) of section 3313.976
of the
Revised Code may count such student in its average daily
membership.
(2) In any year for which funds are appropriated for pilot
project
scholarship programs, a school district implementing a
state-sponsored pilot
project scholarship program that year
pursuant to
sections 3313.974
to
3313.979 of the Revised
Code
may count in average daily membership:
(a) All children residing in the district and utilizing a
scholarship to attend kindergarten in any alternative school, as
defined in
section 3313.974 of the Revised Code;
(b) All children who were enrolled in the district in the
preceding year who are utilizing a scholarship to attend any such
alternative
school.
(J) The superintendent of each cooperative education school
district shall certify to the superintendent of public
instruction, in a
manner prescribed by the state board of
education, the applicable average
daily memberships for all
students in the cooperative education district, also
indicating
the city, local, or exempted village district where each pupil is
entitled to attend school under section 3313.64 or 3313.65 of the
Revised
Code.
Sec. 3317.031. A membership record shall be kept by grade
level in each city, local, exempted village, joint vocational,
and cooperative education school district and such a record shall
be kept by grade level in each educational
service center that
provides academic instruction to pupils, classes for handicapped
pupils, or any other direct instructional services to pupils.
Such membership record shall show the following information for
each pupil enrolled: Name, date of birth, name of parent, date
entered school, date withdrawn from school, days present, days
absent, and the number of days school was open for instruction
while the pupil was enrolled. At the end of the school year this
membership record shall show the total days present, the total
days absent, and the total days due for all pupils in each grade.
Such membership record shall show the pupils that are transported
to and from school and it shall also show the pupils that are
transported living within one mile of the school attended. This
membership record shall also show any other information
prescribed by the state board of education.
This membership record shall be kept intact for at least
five years and shall be made available to the state board of
education or its representative in making an audit of the average
daily membership or the transportation of the district or educational
service center. The
membership records of local school districts shall be filed at
the close of each school year in the office of the
educational service center superintendent.
The state board of education may withhold any money due any
school district or educational service center under sections 3317.022
to 3317.0212 3317.0211, 3317.11,
3317.16, 3317.17, or 3317.19 of the Revised Code until it has
satisfactory evidence that the board of education or educational service
center governing board has fully
complied with all of the provisions of this section.
Nothing in this section shall require any person to
release, or to permit access to, public school records in
violation of section 3319.321 of the Revised Code.
Sec. 3317.035. The auditor of state may conduct annual audits of the information certified under section 3317.03 of the Revised Code by a number of school districts determined by the auditor of state and selected at random.
Sec. 3317.05. (A) For the purpose of calculating
payments
under sections
3317.052 and
3317.053 of the
Revised Code, the
department of
education shall determine for
each institution, by
the last day of
January of each year and
based on information
certified under
section 3317.03 of the
Revised Code, the number of
vocational education units or
fractions of units
approved by the
department on the basis of
standards
and rules adopted by the
state board of education. As used in this
division,
"institution" means an
institution operated by a
department specified in
section 3323.091
of the Revised Code and
that provides
vocational education
programs under the supervision
of the
division of vocational
education of the department
that meet the standards
and rules for these programs,
including
licensure of professional
staff involved in the
programs, as
established by the state board.
(B) For the purpose of calculating payments
under sections
3317.052, 3317.053, 3317.11,
and 3317.19 of
the
Revised Code, the
department shall
determine, based
on
information certified under
section 3317.03 of the Revised
Code,
the following by the last day
of January of each
year for each
educational
service center, for
each school district, including
each
cooperative education school
district, for each institution
eligible for payment under section
3323.091 of
the Revised Code,
and for each county MR/DD board:
the
number of
classes operated
by the school district, service
center,
institution, or
county
MR/DD board for
handicapped
preschool
children, or fraction
thereof, including in the case of
a district
or service center
that is a funding agent, classes
taught by a
licensed teacher
employed by that district or service
center under
section
3313.841
of the Revised Code, approved
annually by the
department on the
basis of standards and rules
adopted by
the
state board.
(C) For the purpose of calculating payments under sections
3317.052, 3317.053, 3317.11,
and 3317.19 of
the
Revised
Code, the
department shall determine, based on
information certified
under
section 3317.03 of the Revised
Code,
the following by the last
day
of January of each year for
each
school district, including each
cooperative education
school
district, for each institution
eligible for payment under
section
3323.091 of the Revised Code,
and for each county
MR/DD board:
the
number of
preschool
handicapped related services units for
child
study,
occupational,
physical, or speech and hearing
therapy,
special
education
supervisors, and special education
coordinators
related services, as defined in section 3323.01 of the Revised Code, approved annually
by the department on the basis
of
standards and
rules adopted by
the state board.
(D) For the purpose of
calculating payments under sections
3317.052 and
3317.053 of the
Revised Code, the
department shall
determine, based on
information certified under
section 3317.03 of
the Revised
Code, the following by the last day
of January of each
year for
each institution
eligible for payment
under section
3323.091 of the
Revised Code:
(1) The number of classes operated by an institution
for
handicapped
children other than handicapped
preschool children, or
fraction
thereof, approved annually by the
department on
the
basis of standards and rules adopted by the
state board;
(2) The number of related services units for children
other
than handicapped preschool children for child study,
occupational,
physical, or speech and hearing therapy, special
education
supervisors, and special education coordinators
approved annually
by the department on the basis
of standards and rules adopted by
the state board.
(E) All of the arithmetical calculations made under this
section shall be carried to the second decimal place. The total
number of units for school districts, service
centers, and
institutions
approved annually under this
section shall not exceed
the number of units included in the estimate of
cost for these units and
appropriations made
for them by the
general assembly.
In the case of units described in division
(D)(1) of this
section operated by
institutions
eligible
for payment under
section 3323.091 of the Revised Code,
the department shall
approve only units for persons
who are under age
twenty-two on the
first day of the academic
year, but not less
than six years of age
on the thirtieth day of
September of that
year, except that such a
unit may
include one or more children who
are under six years of
age on
the thirtieth day of September if
such children have been
admitted to the unit pursuant to rules of
the state
board. In the
case of handicapped preschool units
described in division (B) of
this section,
the department shall approve only
preschool units
for children
who are under age six on the thirtieth day of September of the academic year, or on the first day of August of the academic year if the school district in which the child is enrolled has adopted a resolution under division (A)(3) of section 3321.01 of the Revised Code, but not less
than age three on
the first
day of December of the academic
year, except that
such a unit may
include one or more children who
are under age
three or are age
six or over on the first day of
December applicable date, as reported under division (B)(2) or (G)(2)(b) of section 3317.03 of the Revised Code, if
such children
have been admitted to the unit pursuant
to rules of
the state
board. The number of units for
county MR/DD
boards
and institutions eligible
for payment under
section 3323.091 of
the Revised Code approved
under this section
shall not exceed the number that
can be funded
with appropriations
made for such purposes by the general
assembly.
No unit shall be approved under divisions (B)
to (D) and (C) of this
section unless a plan has been submitted and
approved under
Chapter 3323. of the Revised Code.
(F)(E) The department shall approve
units or fractions thereof
for gifted children on the basis of standards and
rules adopted by
the state board.
Sec. 3317.052. As used in this section,
"institution"
means
an institution operated by a department
specified in division (A) of section
3323.091
of the Revised Code.
(A)(1) The department of education
shall pay each school
district, educational service center,
institution eligible for
payment under section 3323.091 of the Revised Code,
or county
MR/DD board an amount for the total of
all classroom units for
handicapped preschool children approved under division
(B) of
section 3317.05 of the Revised Code. For each unit, the amount
shall be the sum of the minimum salary for the teacher of the
unit, calculated on the basis of the teacher's training level
and
years of experience pursuant to
the salary schedule prescribed in
the version of section 3317.13 of the
Revised
Code
in effect prior
to
the effective date of this amendment
July 1, 2001, plus fifteen per cent of
that minimum salary
amount, and
eight thousand twenty-three
dollars.
(2) The department shall pay each school district,
educational service
center, institution eligible for payment under
section 3323.091 of the Revised
Code, or county MR/DD board an
amount for the total
of all related services units for handicapped
preschool children approved
under division (C) of section 3317.05
of the Revised Code. For each such
unit, the amount shall be the
sum
of the minimum salary for the teacher of the unit calculated
on the basis of
the teacher's training level and years of
experience pursuant to
the salary schedule prescribed in the
version of section
3317.13 of the Revised Code
in effect prior to
the effective date of this amendment
July 1, 2001,
fifteen per cent of that
minimum salary amount,
and two thousand
one hundred thirty-two
dollars.
(B) If a school district, educational service center, or
county MR/DD board has had additional
handicapped preschool
units
approved
for the year under division
(F)(2) or (G)(3) of
section
3317.03 of the Revised Code, the district, educational
service
center, or board shall receive an additional amount during
the
last half of the fiscal year. For each district, center, or
board, the
additional amount for each unit shall equal fifty per
cent of the
amounts computed for the unit in the manner prescribed
by
division (A) of this section and division (C) of section
3317.053 of the Revised Code.
(C)(1) The department shall pay each institution eligible
for payment under
section 3323.091 of the Revised Code or
county
MR/DD board an amount for the
total of all special education units
approved under division
(D)(1) of section 3317.05 of the Revised
Code. The amount for each unit
shall be the sum of the minimum
salary for the teacher of the
unit, calculated on the basis of the
teacher's training level
and years of experience pursuant to
the
salary schedule prescribed in the version of
section 3317.13 of
the Revised
Code
in effect prior to
the effective date of this
amendment, plus fifteen per cent of
that
minimum salary amount,
and eight thousand twenty-three
dollars.
(2) The department shall pay each institution eligible for
payment under
section 3323.091 of the Revised Code
an amount
for
the total of all related services units
approved under division
(D)(2) of section 3317.05 of the Revised
Code. The amount for
each unit
shall be the sum of the minimum
salary for the teacher
of the
unit, calculated on the basis of the
teacher's training
level
and years of experience pursuant to
the
salary schedule
prescribed in the version of
section 3317.13 of
the
Revised Code
in effect prior to
the effective date of this
amendment, plus
fifteen per cent of
that
minimum salary amount,
and two thousand
one hundred
thirty-two
dollars.
(D) The department shall pay each institution approved for
vocational education units
under division (A) of section 3317.05
of the Revised
Code an amount for the total of
all the units
approved under that division. The amount for each
unit shall be
the sum of the minimum salary for the teacher of
the unit,
calculated on the basis of the teacher's training
level and years
of experience pursuant to
the salary schedule prescribed in the
version of section 3317.13 of the
Revised Code
in effect prior to
the effective date of this amendment July 1, 2001,
plus fifteen per cent of
that minimum salary amount, and nine
thousand five hundred ten
dollars. Each institution that receives units funds under this division annually shall report to the department on the delivery of services and the performance of students and any other information required by the department to evaluate the institution's vocational education program.
Sec. 3317.053. (A) As used in this section:
(1)
"State share percentage" has the same meaning as in
section 3317.022
of the Revised Code.
(2)
"Dollar amount" means the amount shown in the following
table for the corresponding type of unit:
|
TYPE OF UNIT |
|
DOLLAR AMOUNT |
|
Division (B) of section 3317.05
|
|
|
|
of the Revised Code |
|
$8,334 |
|
Division (C) of that section |
|
$3,234 |
|
Division (F)(E) of that section |
|
$5,550 |
(3)
"Average unit amount" means the amount shown in the
following table for the corresponding type of unit:
|
|
|
|
|
TYPE OF UNIT |
|
AVERAGE UNIT AMOUNT |
|
Division (B) of section 3317.05 |
|
|
|
of the Revised Code |
|
$7,799 |
|
Division (C) of that section |
|
$2,966 |
|
Division (F)(E) of that section |
|
$5,251 |
(B) In the case of each unit described in division (B),
(C),
or (F)(E) of section
3317.05 of the Revised Code and allocated to a
city, local, or exempted village school district, the
department
of education, in addition to the
amounts specified in division (P)
of
section 3317.024 and sections
3317.052 and 3317.19
of
the
Revised Code, shall
pay a supplemental unit allowance equal to
the
sum of the following amounts:
(1) An amount equal to 50% of the average unit amount for
the unit;
(2) An amount equal to the percentage of the dollar amount
for the unit that
equals the district's state share percentage.
If, prior to the fifteenth day of May of a fiscal year, a
school district's
aid computed under section 3317.022 of the
Revised Code is recomputed
pursuant to section 3317.027 or
3317.028 of the Revised
Code, the department shall also recompute
the district's entitlement to
payment under this section utilizing
a new state share percentage.
Such new state share percentage
shall be determined using the
district's recomputed basic aid
amount pursuant to section
3317.027 or 3317.028 of the Revised
Code. During the last six months of the
fiscal year, the
department shall pay the district a sum equal to one-half of
the
recomputed payment in lieu of one-half the payment otherwise
calculated
under this section.
(C)(1) In the case of each unit allocated to an institution
pursuant to
division (A) of section
3317.05 of the Revised Code,
the
department, in addition to the amount specified in
section
3317.052 of the Revised Code, shall
pay a supplemental
unit
allowance of $7,227.
(2) In the case of each unit described in division (B) or
(D)(1) of section 3317.05 of the Revised
Code that is allocated to
any entity other than a city, exempted village, or
local school
district, the department, in addition to
the amount specified in
section
3317.052 of the Revised Code, shall pay a
supplemental
unit allowance of $7,799.
(3) In the case of each unit described in division (C)
or
(D)(2) of section 3317.05 of the Revised
Code and allocated to any
entity other than a city, exempted village, or local
school
district, the department, in addition to the
amounts specified in
section
3317.052 of the Revised Code, shall pay a
supplemental
unit allowance of $2,966.
(4) In the case of each unit described in division (F)(E)
of
section 3317.05 of the Revised Code and allocated
to an
educational service center,
the department, in addition to the
amounts specified
in division (P) of section 3317.024
of the
Revised Code, shall pay a supplemental unit
allowance of
$5,251.
Sec. 3317.06. Moneys paid to school districts under
division
(L) of section 3317.024 of the Revised Code shall
be used
for the
following independent and fully severable purposes:
(A) To purchase such secular textbooks or electronic
textbooks as have
been
approved by the superintendent of public
instruction for use in
public schools in the state and to loan
such textbooks or electronic
textbooks to pupils
attending
nonpublic schools within the district or to their
parents and to
hire clerical personnel to administer such lending
program. Such
loans shall be based upon individual requests
submitted by such
nonpublic school pupils or parents. Such
requests shall be
submitted to the school district in which the
nonpublic school is
located. Such individual requests for the
loan of textbooks or
electronic textbooks shall, for administrative
convenience, be
submitted by the nonpublic school pupil or the pupil's
parent to
the nonpublic school, which shall prepare and submit
collective
summaries of the individual requests to the school district. As
used in this section:
(1) "Textbook" means any book or book
substitute that a
pupil uses as a consumable or
nonconsumable text, text substitute,
or text
supplement in a
particular class or program in the school
the pupil regularly
attends.
(2) "Electronic textbook" means computer software,
interactive
videodisc, magnetic media, CD-ROM, computer
courseware,
local and remote computer assisted instruction,
on-line service, electronic
medium, or other means of conveying
information to the student or otherwise
contributing to the
learning process through electronic means.
(B) To provide speech and hearing diagnostic services to
pupils attending nonpublic schools within the district. Such
service shall be provided in the nonpublic school attended by the
pupil receiving the service.
(C) To provide physician, nursing, dental, and optometric
services to pupils attending nonpublic schools within the
district. Such services shall be provided in the school attended
by the nonpublic school pupil receiving the service.
(D) To provide diagnostic psychological services to pupils
attending nonpublic schools within the district. Such services
shall be provided in the school attended by the pupil receiving
the service.
(E) To provide therapeutic psychological and speech and
hearing services to pupils attending nonpublic schools within the
district. Such services shall be provided in the public school,
in nonpublic schools, in public centers, or in mobile units
located on
or off of the nonpublic premises. If such services are
provided in the public
school or in public centers, transportation
to and from such facilities
shall be provided by the school
district in which the nonpublic
school is located.
(F) To provide guidance and counseling services to pupils
attending nonpublic schools within the district. Such services
shall be provided in the public school, in nonpublic schools, in
public centers, or
in mobile units located on or off of the
nonpublic premises. If such
services are provided in the public
school or in public centers,
transportation to and from such
facilities shall be provided by
the school district in which the
nonpublic school is located.
(G) To provide remedial services to pupils attending
nonpublic schools within the district. Such services shall be
provided in the public school, in nonpublic schools, in public
centers, or in
mobile units located on or off of the nonpublic
premises. If such
services are provided in
the public school or
in public centers, transportation to and
from such facilities
shall be provided by the school district in
which the nonpublic
school is located.
(H) To supply for use by pupils attending nonpublic
schools
within the district such standardized tests and scoring
services
as are in use in the public schools of the state;
(I) To provide programs for children who attend nonpublic
schools within the district and are handicapped children as
defined in division (A) of section 3323.01 of the Revised Code or
gifted children. Such programs shall be provided in the public
school, in nonpublic schools, in public centers, or in mobile
units located
on or
off of
the nonpublic premises. If such
programs are provided in the public school or
in public centers,
transportation to and from such facilities
shall be provided by
the school district in which the nonpublic
school is located.
(J) To hire clerical personnel to assist in the
administration of programs pursuant to divisions (B), (C), (D),
(E), (F), (G), and (I) of this section and to hire supervisory
personnel to supervise the providing of services and textbooks
pursuant to this section.
(K) To purchase
or lease any secular, neutral, and
nonideological
computer software (including site-licensing),
prerecorded
video
laserdiscs, digital video on demand (DVD),
compact discs, and
video cassette cartridges, wide area
connectivity and
related
technology as it relates to internet
access, mathematics or
science
equipment and
materials,
instructional materials, and
school library materials
that are in
general use in the public
schools of the
state and loan such items
to pupils attending
nonpublic schools within the district or to
their parents, and to
hire clerical personnel to administer the
lending program. Only
such items that are incapable of diversion
to
religious
use and
that are susceptible of loan to individual
pupils and are
furnished for the use of individual pupils shall be
purchased and
loaned under this division. As used in this
section,
"instructional
materials" means prepared learning
materials that
are secular, neutral, and
nonideological in
character and are of
benefit to the instruction of school
children, and may include
educational resources and services
developed by the eTech
Ohio schoolnet
commission.
(L) To purchase
or lease instructional equipment, including
computer
hardware and
related equipment in general use in the
public
schools of the state, for
use
by pupils attending nonpublic
schools within the district and to loan such items to pupils
attending nonpublic schools within the district or to their
parents, and to
hire clerical personnel to administer the lending
program.
(M) To purchase mobile units to be used for the
provision of
services
pursuant to divisions (E), (F), (G),
and (I)
of this
section and to pay for necessary repairs and operating
costs
associated
with these units.
Clerical and supervisory personnel hired pursuant to
division
(J) of this section shall perform their services in the
public
schools, in nonpublic schools, public centers, or mobile units
where
the services are provided to the nonpublic school pupil,
except
that such personnel may accompany pupils to and from the
service sites when necessary to ensure the safety of the children
receiving the services.
All services provided pursuant to this section may be
provided under contract with
educational service centers,
the
department of health, city or general health districts, or
private
agencies whose personnel are properly licensed by an
appropriate
state board or agency.
Transportation of pupils provided pursuant to divisions
(E),
(F), (G), and (I) of this section shall be provided by the
school
district from its general funds and not from moneys paid
to it
under division (L) of section 3317.024 of the Revised
Code unless
a special transportation request is submitted by the
parent of the
child receiving service pursuant to such divisions.
If such an
application is presented to the school district, it
may pay for
the transportation from moneys paid to it under
division (L) of
section 3317.024 of the Revised Code.
No school district shall provide health or remedial
services
to nonpublic school pupils as authorized by this section
unless
such services are available to pupils attending the public
schools
within the district.
Materials, equipment, computer hardware or software,
textbooks,
electronic textbooks, and
health and remedial services
provided for the benefit of
nonpublic school pupils pursuant to
this section and the
admission of pupils to such nonpublic schools
shall be provided
without distinction as to race, creed, color, or
national origin
of such pupils or of their teachers.
No school district shall provide services, materials, or
equipment
that contain religious content for use in
religious
courses, devotional exercises, religious training, or
any other
religious activity.
As used in this section, "parent" includes a person
standing
in loco parentis to a child.
Notwithstanding section 3317.01 of the Revised Code,
payments
shall be made under this section to any city, local, or
exempted
village school district within which is located one or
more
nonpublic elementary or high schools
and any payments made to
school districts under division (L) of section 3317.024 of the
Revised Code for purposes of this
section may be disbursed without
submission to and approval of the
controlling board.
The allocation of payments for materials, equipment,
textbooks, electronic textbooks, health services, and remedial
services to city, local,
and exempted village school districts
shall be on the basis of
the state board of education's estimated
annual average daily
membership in nonpublic elementary and high
schools located in
the district.
Payments made to city, local, and exempted village school
districts under this section shall be equal to specific
appropriations made for the purpose. All interest earned by a
school district on such payments shall be used by the district
for
the same purposes and in the same manner as the payments may
be
used.
The department of education shall adopt guidelines and
procedures under which such programs and services shall be
provided, under which districts shall be reimbursed for
administrative costs incurred in providing such programs and
services, and under which any unexpended balance of the amounts
appropriated by the general assembly to implement this section
may
be transferred to the auxiliary services personnel
unemployment
compensation fund established pursuant to section
4141.47 of the
Revised Code. The department shall also adopt
guidelines and
procedures limiting the purchase and loan of
the items
described
in division (K) of
this section to items that are in general use
in the public
schools of the state, that are incapable of
diversion to
religious use, and that are susceptible to individual
use rather
than classroom use. Within thirty days after the end
of each
biennium, each board of education shall remit to the
department
all moneys paid to it under division (L) of section
3317.024 of the Revised Code and any interest earned on those
moneys that are
not required to pay expenses incurred under this
section during
the biennium for which the money was appropriated
and during
which the interest was earned. If a board of education
subsequently determines that the remittal of moneys leaves the
board with insufficient money to pay all valid expenses incurred
under this section during the biennium for which the remitted
money was appropriated, the board may apply to the department of
education for a refund of money, not to exceed the amount of the
insufficiency. If the department determines the expenses were
lawfully incurred and would have been lawful expenditures of the
refunded money, it shall certify its determination and the amount
of the refund to be made to the director of job and family
services who shall make a refund as
provided in section 4141.47 of
the Revised Code.
Sec. 3317.063. The superintendent of public instruction,
in
accordance with rules adopted by the department of education,
shall annually reimburse each chartered nonpublic school for the
actual mandated service administrative and clerical costs
incurred
by such school during the preceding school year in
preparing,
maintaining, and filing reports, forms, and records,
and in
providing such other administrative and clerical services
that are
not an integral part of the teaching process as may be
required by
state law or rule or by requirements duly promulgated
by city,
exempted village, or local school districts. The
mandated service
costs reimbursed pursuant to this section shall
include, but are
not limited to, the preparation, filing and
maintenance of forms,
reports, or records and other clerical and
administrative services
relating to state chartering or approval
of the nonpublic school,
pupil attendance, pupil health and
health testing, transportation
of pupils, federally funded
education programs, pupil appraisal,
pupil progress, educator
licensure, unemployment and workers'
compensation, transfer
of pupils, and such other education related
data which are now or
hereafter shall be required of such
nonpublic school by state law
or rule, or by requirements of the
state department of education,
other state agencies, or city,
exempted village, or local school
districts.
The reimbursement required by this section shall be for
school years beginning on or after July 1, 1981.
Each nonpublic school which seeks reimbursement pursuant to
this section shall submit to the superintendent of public
instruction an application together with such additional reports
and documents as the department of education may require. Such
application, reports, and documents shall contain such
information
as the department of education may prescribe in order
to carry out
the purposes of this section. No payment shall be
made until the
superintendent of public instruction has approved
such
application.
Each nonpublic school which applies for reimbursement
pursuant to this section shall maintain a separate account or
system of accounts for the expenses incurred in rendering the
required services for which reimbursement is sought. Such
accounts shall contain such information as is required by the
department of education and shall be maintained in accordance
with
rules adopted by the department of education.
Reimbursement payments to a nonpublic school pursuant to
this
section shall not exceed an amount for each school year
equal to
two hundred fifty seventy-five dollars per pupil enrolled in that nonpublic
school.
The superintendent of public instruction may, from time to
time, examine any and all accounts and records of a nonpublic
school which have been maintained pursuant to this section in
support of an application for reimbursement, for the purpose of
determining the costs to such school of rendering the services
for
which reimbursement is sought. If after such audit it is
determined that any school has received funds in excess of the
actual cost of providing such services, said school shall
immediately reimburse the state in such excess amount.
Any payments made to chartered nonpublic schools under this
section may be disbursed without submission to and approval of the
controlling board.
Sec. 3317.07. The state board of education shall establish
rules for the purpose of distributing subsidies for the purchase
of school buses under division (E) of section 3317.024 of the
Revised Code.
No school bus subsidy payments shall be paid to any
district unless such district can demonstrate that pupils
residing more than one mile from the school could not be
transported without such additional aid.
The amount paid to a county MR/DD board for buses purchased
for transportation of children in special education programs
operated by the board shall be one hundred per cent of the
board's net cost based on a per pupil allocation for eligible students.
The amount paid to a school district for buses purchased
for transportation of handicapped and nonpublic school pupils
shall be one hundred per cent of the school district's net cost determined by a per pupil allocation based on the number of special education and nonpublic school pupils for whom transportation is provided.
The state board of education shall adopt a formula to
determine the amount of payments that shall be distributed to
school districts to purchase school buses for pupils other than
handicapped or nonpublic school pupils.
If any district or MR/DD board obtains bus services for
pupil transportation pursuant to a contract, such district or
board may use payments received under this section to defray the
costs of contracting for bus services in lieu of for purchasing
buses.
If the department of education determines that a county MR/DD board no longer needs a school bus because the board no longer transports children to a special education program operated by the board, or if the department determines that a school district no longer needs a school bus to transport pupils to a nonpublic school or special education program, the department may reassign a bus that was funded with payments provided pursuant to this section for the purpose of transporting such pupils. The department may reassign a bus to a county MR/DD board or school district that transports children to a special education program designated in the children's individualized education plans, or to a school district that transports pupils to a nonpublic school, and needs an additional school bus.
Sec. 3317.081. (A) Tuition shall be computed in accordance with this section
if:
(1) The tuition is required by division (C)(3)(b) of section 3313.64 of the
Revised Code; or
(2) Neither the child nor the child's parent resides in
this state and tuition is
required by section 3327.06 of the Revised Code.
(B) Tuition computed in accordance with this section shall equal the
attendance district's tuition rate computed under section 3317.08 of the
Revised Code plus the amount that district
would have received for the child pursuant to
sections 3317.022, 3317.023, and 3317.025 to
3317.0213 3317.0211 of the Revised Code during the school year had the attendance
district been authorized to
count the child in its formula ADM for that school year under
section 3317.03 of the Revised Code.
Sec. 3317.09. All moneys distributed to a school district,
including any cooperative education or joint vocational
school district and all moneys distributed to any educational service
center, by the state whether from a state or federal
source, shall be accounted for by the division of school finance
of the department of education. All moneys distributed shall be
coded as to county, school district or educational service center,
source, and other pertinent
information, and at the end of each month, a report of such
distribution shall be made by such division of school finance to
the clerk of the senate and the chief
administrative officer of the house
of representatives, to the Ohio legislative service commission to
be available for examination by any member of either house, to
each school district and educational service center, and to the
governor.
On or before the first day of September in each year, a
copy of the annual statistical report required in section
3319.33 of the Revised Code shall be filed by the
state board of education with the clerk of the senate and the
chief administrative officer of the house of
representatives, the Ohio
legislative service commission, the governor, and the auditor of
state. The report shall contain an analysis for the prior fiscal
year on an accrual basis of revenue receipts from all sources and
expenditures for all purposes for each school district, including
each joint vocational and cooperative education school district,
in the state. If any board of education fails to make the report
required in section 3319.33 of the Revised Code, the
superintendent of public instruction shall be without authority
to distribute funds to that school district or educational service
center pursuant to sections 3317.022 to 3317.0212 3317.0211,
3317.11, 3317.16, 3317.17, or 3317.19 of the
Revised Code until such time as the required reports are filed
with all specified officers, boards, or agencies.
Sec. 3317.10. (A) On or before the first day of March of
each year, the department of job and family services
shall certify
to the
state board of education the
unduplicated number of
children ages five through
seventeen residing in each school
district and living in a family
that,
during the
preceding
October, had family income not exceeding the federal
poverty
guidelines as defined in section 5101.46 of the Revised
Code and
participated in one of the following:
(2) The food stamp program;
(3) The medical assistance program, including the healthy
start program, established under Chapter
5111. of the Revised
Code;
(4) The children's health insurance program part I
established under section 5101.50 of the Revised Code;
(5) The disability financial assistance program established under
Chapter 5115. of the Revised Code;
(6) The disability medical assistance program established under Chapter 5115. of the Revised Code.
The department of job and family services shall certify this
information
according to the school district of residence
for
each child. Except as provided under division (B) of this
section, the number of children so certified in any year shall be
used by
the department of education in calculating the
distribution of moneys for the ensuing fiscal year
as provided in
section 3317.029 of the Revised Code.
(B) Upon the transfer of part of the territory of one
school
district to the territory of one or more other school
districts,
the department of education may adjust the number
of children
certified under division (A) of this section for any
district
gaining or losing territory in such a transfer in order to take
into account the effect of the transfer on the number of
such
children
who reside in the district.
Within
sixty days of
receipt
of a request for information
from the
department of
education, the
department of job and family
services
shall
provide
any
information the department of education
determines is
necessary to
make such adjustments. The department
of education
may use the
adjusted number for any district for the
applicable
fiscal year,
in lieu of the number certified for the
district for
that fiscal
year under division (A) of this
section,
in the
calculation of the
distribution of moneys provided in
section
3317.029 of the Revised
Code.
Sec. 3317.16. (A) As used in this section:
(1) "State share percentage" means the percentage calculated
for a
joint vocational school district as follows:
(a) Calculate the state base cost funding amount for the
district
under
division (B) of this section. If the district
would not receive
any base cost funding for that year under that
division, the district's state
share percentage is zero.
(b) If the district would receive base cost funding under
that
division,
divide that base cost amount by an amount equal to
the following:
cost-of-doing-business factor Xthe formula amount X formula ADM
The resultant number is the district's state share
percentage.
(2) The "total special education weight" for a joint
vocational
school district shall be calculated in the same manner
as prescribed in
division (B)(1) of section 3317.022 of the
Revised
Code.
(3) The "total vocational education weight" for a joint
vocational school district shall be calculated in the same manner
as
prescribed in division (B)(4) of section 3317.022 of the
Revised Code.
(4) The "total
recognized valuation"
of a joint vocational
school district shall be determined by
adding the
recognized
valuations of
all its constituent school districts for the
applicable fiscal
year.
(5) "Resident district" means the city, local, or exempted village school district in which a student is entitled to attend school under section 3313.64 or 3313.65 of the Revised Code.
(6) "Community school" means a community school established under Chapter 3314. of the Revised Code.
(B) The department of education shall compute and distribute
state base cost funding to each joint vocational school district
for the
fiscal year in accordance with division (B) of this section.
(1) Compute the following formula for each eligible district:
(cost-of-doing-business factor Xformula amount X formula ADM) -(.0005 X
total
recognized valuation)
If the difference obtained under this division is a negative
number, the district's computation shall be zero.
(2) Compute both of the following for each district:
(a) The difference of (i) the district's fiscal year 2005 base cost payment under the version of division (B) of this section in effect in fiscal year 2005, minus (ii) the amount computed for the district for the current fiscal year under current division (B)(1) of this section;
(b) The following amount:
[(fiscal year 2005 base cost payment/fiscal year 2005 formula ADM) X current year formula ADM] minus the amount computed for the district under current division (B)(1) of this section
If one of the amounts computed under division (B)(2)(a) or (b) of this section is a positive amount, the department shall pay the district that amount in addition to the amount calculated under division (B)(1) of this section. If both amounts are positive amounts, the department shall pay the district the lesser of the two amounts in addition to the amount calculated under division (B)(1) of this section.
(C)(1) The department shall compute and distribute state
vocational education additional weighted costs funds to each joint
vocational
school district in accordance with the following
formula:
state share percentage X formula amount Xtotal vocational education weight
In each fiscal year, a joint vocational school district receiving funds under division (C)(1) of this section shall spend those funds only for the purposes the department designates as approved for vocational education expenses.
Vocational educational expenses approved by the department shall include only expenses connected to the delivery of career-technical programming to career-technical students. The department shall require the joint vocational school district to report data annually so that the department may monitor the district's compliance with the requirements regarding the manner in which funding received under division (C)(1) of this section may be spent.
(2) The department shall compute for each joint
vocational
school district state funds for vocational education
associated
services costs in accordance with the following
formula:
state share percentage X .05 Xthe formula amount X the sum ofcategories one and two vocationaleducation ADMIn any fiscal year, a joint vocational school district
receiving
funds under division (C)(2) of this section, or through
a
transfer of funds pursuant to division (L)
of section 3317.023
of the Revised Code, shall spend those
funds only for the purposes
that the department designates as
approved for vocational
education associated services expenses,
which may include such
purposes as apprenticeship coordinators,
coordinators for other
vocational education services, vocational
evaluation, and other
purposes designated by the department. The
department may deny
payment under division (C)(2) of this section to
any district that
the department determines is not operating those services or
is
using funds paid under division (C)(2) of this section,
or through
a transfer of funds pursuant to division (L)
of section 3317.023
of the Revised Code, for other purposes.
(D)(1) The department shall compute and distribute state
special
education and related services additional weighted costs
funds to each joint
vocational school district in accordance with
the
following formula:
state share percentage X formula amount Xtotal special education weight(2)(a) As used in this division, the "personnel allowance"
means
thirty
thousand
dollars in fiscal
years 2002, 2003, 2004, and 2005, 2006, and 2007.
(b) For the provision of speech language pathology services to students,
including students
who do not have individualized education
programs prepared for
them under Chapter 3323. of the Revised
Code, and for
no
other purpose, the department shall pay each
joint vocational
school district
an amount calculated
under the
following formula:
(formula ADM divided by 2000) X the personnelallowance X state share percentage
(3) In any fiscal year, a joint vocational school district shall spend for purposes that the department designates as approved for special education and related services expenses at least the amount calculated as follows:
(cost-of-doing-business factor X
formula amount X the sum of categories
one throughsix special education ADM) +(total special education weight X formula amount)
The purposes approved by the department for special education expenses shall include, but shall not be limited to, compliance with state rules governing the education of handicapped children, providing services identified in a student's individualized education program as defined in section 3323.01 of the Revised Code, provision of speech language pathology services, and the portion of the district's overall administrative and overhead costs that are attributable to the district's special education student population.
The department shall require joint vocational school districts to report data annually to allow for monitoring compliance with division (D)(3) of this section. The department shall annually report to the governor and the general assembly the amount of money spent by each joint vocational school district for special education and related services.
(4) In any fiscal year, a joint vocational school district shall spend for the provision of speech language pathology services not less than the sum of the amount calculated under division (D)(1) of this section for the students in the district's category one special education ADM and the amount calculated under division (D)(2) of this section.
(E)(1) If a joint vocational school
district's costs for a
fiscal year for a student in its
categories
two through six
special education
ADM
exceed the
threshold catastrophic cost for
serving the
student, as specified
in division (C)(3)(b) of section
3317.022 of
the Revised Code, the district may
submit to the
superintendent of
public
instruction
documentation,
as
prescribed
by the
superintendent, of
all of its costs for that
student. Upon
submission of
documentation for a student of the
type and in the
manner
prescribed, the department shall pay to the
district an
amount
equal to the
sum of the following:
(a) One-half of the district's costs for the student in
excess of the threshold catastrophic cost;
(b) The product of one-half of the district's costs for the
student
in excess of
the threshold
catastrophic cost multiplied
by
the
district's state
share
percentage.
(2) The district shall only report
under division (E)(1) of
this section, and the department shall only
pay
for, the
costs of
educational expenses and the related
services provided
to
the
student in accordance with the student's
individualized
education
program. Any legal fees, court costs, or
other costs
associated
with any cause of action relating to the
student may
not be
included in the amount.
(F) Each fiscal year, the department shall pay each joint
vocational school district an amount for adult technical and
vocational
education and
specialized consultants.
(G)(1) A joint vocational school district's local share of
special
education and related services additional weighted costs
equals:
(1 - state share percentage) XTotal special education weight Xthe formula amount
(2) For each handicapped student receiving special education and related services under an individualized education program, as defined in section 3323.01 of the Revised Code, at a joint vocational district, the resident district or, if the student is enrolled in a community school, the community school shall be responsible for the amount of any costs of providing those special education and related services to that student that exceed the sum of the amount calculated for those services attributable to that student under divisions (B), (D), (E), and (G)(1) of this section.
Those excess costs shall be calculated by subtracting the sum of the following from the actual cost to provide special education and related services to the student:
(a) The product of the formula amount times the cost-of-doing-business factor;
(b) The product of the formula amount times the applicable multiple specified in section 3317.013 of the Revised Code;
(c) Any funds paid under division (E) of this section for the student;
(d) Any other funds received by the joint vocational school district under this chapter to provide special education and related services to the student, not including the amount calculated under division (G)(2) of this section.
(3) The board of education of the joint vocational school district shall may report the excess costs calculated under division (G)(2) of this section to the department of education.
(4) The If the board of education of the joint vocational school district reports excess costs under division (G)(3) of this section, the department shall pay the amount of excess cost calculated under division (G)(2) of this section to the joint vocational school district and shall deduct that amount as provided in division (G)(4)(a) or (b) of this section, as applicable:
(a) If the student is not enrolled in a community school, the department shall deduct the amount from the account of the student's resident district pursuant to division (M) of section 3317.023 of the Revised Code.
(b) If the student is enrolled in a community school, the department shall deduct the amount from the account of the community school pursuant to section 3314.083 of the Revised Code.
(H) In any fiscal year, if the total of all payments made to
a
joint vocational school district under divisions (B) to (D)
of
this section and division (R) of section 3317.024 of the Revised
Code is
less
than the amount that
district received in fiscal year
1999 under the version of this section in
effect that year, plus
the amount that district received under the version of
section
3317.162 of the Revised Code in effect that year and minus the
amounts received that
year for driver education and adult
education, the department shall pay the
district an additional
amount equal to the difference between those two
amounts.
Sec. 3317.20. This section does not apply to handicapped
preschool children.
(A) As used in this section:
(1)
"Applicable weight" means the multiple specified in
section
3317.013
of the Revised
Code
for a handicap
described in
that
section.
(2)
"Child's school district" means the school district
in
which a child is entitled to attend school pursuant to
section
3313.64 or 3313.65 of the
Revised Code.
(3)
"State share percentage" means the state share
percentage
of the child's school district as defined in section
3317.022 of
the Revised Code.
(B)
Except as provided
in division
(C) of this
section,
the
department shall annually pay each county
MR/DD board an
amount
calculated under the following formula for each handicapped
child,
other than a handicapped preschool child, for whom the
county
MR/DD board provides
special education and related
services the greater of the amount calculated under division (B)(1) or (2) of this section:
(formula amount X the cost-of-doing-business
factorfor the child's school district) +(state share percentage X formula amount Xthe applicable weight)
(1) (The formula amount for fiscal year 2005 X the cost-of-doing-business factor for the child's school district for fiscal year 2005) + (state share percentage for fiscal year 2005 X formula amount for fiscal year 2005 X the applicable weight);
(2) (The current formula amount times the current cost-of-doing-business factor for the child's school district) + (state share percentage X current formula amount X the applicable weight).
(C) If any school
district places with a county
MR/DD
board
more handicapped
children than it had placed with a county
MR/DD
board in fiscal year
1998, the department shall not make a
payment
under division
(B) of
this section for the number of
children
exceeding the number placed in fiscal
year 1998. The
department
instead shall deduct from the district's payments
under
this
chapter, and pay to the county
MR/DD board, an amount
calculated
in accordance with the formula prescribed in division
(B) of this
section for each
child over the number of children
placed in
fiscal year
1998.
(D) The department shall
calculate for each county MR/DD
board receiving payments under divisions
(B) and
(C) of this
section the
following amounts:
(1) The amount received by the county
MR/DD board for
approved
special education and related services units, other than
preschool handicapped units, in fiscal year 1998, divided by the
total number of children served in the units that year;
(2) The product of the quotient calculated under division
(D)(1) of this section times
the number of children for whom
payments are made under
divisions
(B) and
(C) of this
section.
If the amount calculated under division
(D)(2) of this
section is
greater than the total amount calculated under
divisions
(B) and
(C) of this section, the
department shall
pay
the county
MR/DD board one hundred per
cent of the difference
in
addition to the payments under divisions
(B) and
(C) of
this
section.
Sec. 3317.201. This section does not apply to handicapped preschool children.
(A) As used in this section, the "total special education weight" for an institution means the sum of the following amounts:
(1) The number of children reported by the institution under division (G)(1)(a)(i) of section 3317.03 of the Revised Code as receiving services for a handicap described in division (A) of section 3317.013 of the Revised Code multiplied by the multiple specified in that division;
(2) The number of children reported by the institution under division (G)(1)(a)(i) of section 3317.03 of the Revised Code as receiving services for a handicap described in division (B) of section 3317.013 of the Revised Code multiplied by the multiple specified in that division;
(3) The number of children reported by the institution under division (G)(1)(a)(i) of section 3317.03 of the Revised Code as receiving services for a handicap described in division (C) of section 3317.013 of the Revised Code multiplied by the multiple specified in that division;
(4) The number of children reported by the institution under division (G)(1)(a)(i) of section 3317.03 of the Revised Code as receiving services for a handicap described in division (D) of section 3317.013 of the Revised Code multiplied by the multiple specified in that division;
(5) The number of children reported by the institution under division (G)(1)(a)(i) of section 3317.03 of the Revised Code as receiving services for a handicap described in division (E) of section 3317.013 of the Revised Code multiplied by the multiple specified in that division;
(6) The number of children reported by the institution under division (G)(1)(a)(i) of section 3317.03 of the Revised Code as receiving services for a handicap described in division (F) of section 3317.013 of the Revised Code multiplied by the multiple specified in that division.
(B) The department of education annually shall pay each state institution required to provide special education services under division (A) of section 3323.091 of the Revised Code an amount equal to the greater of:
(1) The formula amount times the institution's total special education weight;
(2) The aggregate amount of special education and related services unit funding the institution received for all handicapped children other than handicapped preschool children in fiscal year 2005 under sections 3317.052 and 3317.053 of the Revised Code, as those sections existed prior to the effective date of this section.
Sec. 3317.50. The eTech Ohio schoolnet telecommunity education fund is hereby
created in the state treasury. The fund shall consist of certain excess local
exchange telephone company contributions transferred from the reserve fund of
the Ohio telecommunications advisory board pursuant to an agreement
between the public utilities commission of Ohio and the Ohio
department of education. The fund shall be used to finance
technology grants to state-chartered elementary and secondary
schools. Investment earnings of the fund shall be credited to
the fund.
Sec. 3317.51. (A) The distance learning fund is hereby created
in the state treasury. The fund shall consist of moneys paid to the eTech
Ohio SchoolNet commission by any telephone company as a part of a
settlement agreement between such company and the public utilities commission
in fiscal year 1995 in part to establish distance learning throughout the
state. The authority commission shall administer the fund and expend
moneys from it to finance technology grants to eligible schools chartered by
the state board of education to
establish distance learning in those schools. Chartered schools are eligible
for funds if they are within the service area of the telephone company.
Investment earnings of the fund shall be credited to the fund.
(B) For purposes of this section, "distance learning" means the
creation of a learning environment involving a school setting and at least one
other location outside of the school which allows for information available at
one site to be accessed at the other through the use of such educational
applications as one-way or two-way transmission of data, voice, and video,
singularly or in appropriate combinations.
Sec. 3318.091. (A) Promptly after the written agreement between the school
district board and the Ohio school facilities commission has been entered
into, the school district board shall proceed with the issuance of its bonds
or notes in
anticipation thereof pursuant to the provision of such agreement required by
division (A) of section 3318.08 of the Revised Code and the deposit of the
proceeds thereof in the school district's project construction
fund pursuant to the provision of such agreement required by division
(B) of section 3318.08 of the Revised Code, and the school district board,
with the
approval of the commission shall employ a qualified professional person or
firm to prepare preliminary plans, working drawings,
specifications, estimates of cost, and such data as the school district board
and the commission consider necessary for the project.
When the preliminary plans and preliminary estimates of cost have been
prepared, and approved by the school district board, they shall be submitted
to the commission for approval, modification, or
rejection. The commission shall ensure that the plans and materials
proposed for use in the project comply with specifications for plans and
materials that shall be established by the commission. When such
preliminary plans and preliminary estimates of cost and
any modifications thereof have been approved by the commission and the
school district board, the school district board shall
cause such qualified professional person or firm to prepare the working
drawings, specifications, and estimates of cost.
(B) Whenever project plans submitted to the commission for approval under division (A) of this section propose to locate a facility on a state route or United States highway or within one mile of a state route or United States highway, the commission shall send a copy of the plans to the director of transportation. The director of transportation shall review the plans to determine the feasibility of the proposed ingress and egress to the facility, the traffic circulation pattern on roadways around the facility, and any improvements that would be necessary to conform the roadways to provisions of the manual adopted by the department of transportation pursuant to section 4511.09 of the Revised Code or state or federal law. The director of transportation shall provide a written summary of the director's findings to the commission in a timely manner. The commission shall consider the findings in deciding whether to approve the plans.
Sec. 3318.18. (A) As used in this section:
(1) "Valuation" of a school district means the sum of the amounts described in divisions (A)(1) and (2) of section 3317.021 of the Revised Code as most recently certified for the district before the annual computation is made under division (B) of this section.
(2) "Valuation per pupil" of a school district means the district's valuation divided by the district's formula ADM as most recently reported for October under section 3317.03 of the Revised Code before the annual computation is made under division (B) of this section.
(3) "Statewide average valuation per pupil" means the total of the valuations of all school districts divided by the total of the formula ADMs of all school districts as most recently reported for October under section 3317.03 of the Revised Code before the annual computation is made under division (C) of this section.
(4) "Maintenance levy requirement" means the tax required to be levied pursuant to division (C)(2)(a) of section 3318.08 and division (B) of section 3318.05 of the Revised Code or the application of proceeds of another levy to paying the costs of maintaining classroom facilities pursuant to division (A)(2) of section 3318.052, division (C)(1) or (C)(2)(b) of section 3318.08, or division (D)(2) of section 3318.36 of the Revised Code, or a combination thereof.
(5) "Project agreement" means an agreement between a school district and the Ohio school facilities commission under section 3318.08 or division (B)(1) of section 3318.36 of the Revised Code.
(B) On or before July 1, 2006, the department of education shall compute the statewide average valuation per pupil and the valuation per pupil of each school district, and provide them to the Ohio school facilities commission. On or before the first day of July each year beginning in 2007, the department of education shall compute the statewide average valuation per pupil and the valuation per pupil of each school district that has not already entered into a project agreement, and provide the results of those computations to the commission.
(C)(1) At the time the Ohio school facilities commission enters into a project agreement with a school district, the commission shall compute the difference between the district's valuation per pupil and the statewide average valuation per pupil as most recently provided to the commission under division (B) of this section. If the school district's valuation per pupil is less than the average statewide valuation per pupil, the commission shall multiply the difference between those amounts by one-half mill times the formula ADM of the district as most recently reported to the department of education for October under division (A) of section 3317.03 of the Revised Code. The commission shall certify the resulting product to the department of education, along with the date on which the maintenance levy requirement terminates as provided in the project agreement between the school district board and the commission.
(2) In the case of a school district that entered into a project agreement after July 1, 1997, but before July 1, 2006, the commission shall make the computation described in division (C)(1) of this section on the basis of the district's valuation per pupil and the statewide average valuation per pupil computed as of September 1, 2006, and the district's formula ADM reported for October 2005.
(3) The amount computed for a school district under division (C)(1) or (2) of this section shall not change for the period during which payments are made to the district under division (D) of this section.
(4) A computation need not be made under division (C)(1) or (2) of this section for a school district that certified a resolution to the commission under division (D)(3) of section 3318.36 of the Revised Code until the district becomes eligible for state assistance as provided in that division.
(D) In the fourth quarter of each fiscal year, for each school district for which a computation has been made under division (C) of this section, the department of education shall pay the amount computed to each such school district. Payments shall be made to a school district each year until and including the tax year in which the district's maintenance levy requirement terminates. Payments shall be paid from the half-mill equalization fund, subject to appropriation by the general assembly.
(E) Payments made to a school district under this section shall be credited to the district's classroom facilities maintenance fund and shall be used only for the purpose of maintaining facilities constructed or renovated under the project agreement.
(F) There is hereby created in the state treasury the half-mill equalization fund. The fund shall receive transfers pursuant to section 5727.85 of the Revised Code. The fund shall be used first to make annual payments under division (D) of this section. If a balance remains in the fund after such payments are made in full for a year, the Ohio school facilities commission may request the controlling board to transfer a reasonable amount from such remaining balance to the public school building fund created under section 3318.15 of the Revised Code for the purposes of this chapter.
All investment earnings arising from investment of money in the half-mill equalization fund shall be credited to the fund.
Sec. 3318.33. (A) There is hereby created in the state treasury
the Ohio school facilities commission fund, which shall consist of
transfers of moneys authorized by the general assembly and revenues
received by the Ohio school facilities commission under
section 3318.31 of the Revised Code. Investment
earnings on moneys in the fund shall be credited to the fund. Moneys in the
fund may be used by the commission to pay personnel and
other administrative expenses, to pay the cost of conducting
evaluations of classroom facilities, to pay the cost of preparing
building design specifications, to pay the cost of providing
project management services, and for other purposes determined by
the commission to be necessary to fulfill its duties under Chapter
3318. of the Revised Code this chapter.
(B) The director of budget and management may transfer to the
Ohio school facilities commission fund the investment earnings on the
public school building fund, created in section 3318.15 of
the Revised Code, the investment earnings on the education facilities trust fund created in section 183.26 of the Revised Code, or both. The director of budget and management may
transfer to the Ohio school facilities commission fund the investment
earnings on the school building program assistance fund, created under
section 3318.25 of the Revised Code, in excess of the
amounts needed to meet estimated federal arbitrage rebate requirements.
Sec. 3317.21 3318.47. There is hereby created in the state treasury the vocational
career-technical school building assistance fund. Money in the fund shall be used solely to
provide interest-free loans to school districts, including joint vocational
school districts, under sections 3317.22 3318.48 and 3317.23 3318.49 of the Revised Code to
assist in financing the construction of new vocational classroom facilities,
the renovation of existing vocational classroom facilities, or the purchase of
vocational education equipment or facilities. Moneys in the fund shall
consist of transfers made to the fund, any interest earned by the fund, and
repayments of loans made under sections 3317.22 3318.48 and 3317.23 3318.49 of the Revised
Code. Investment earnings of the fund shall be credited to the fund.
Sec. 3317.22 3318.48. The state board of education Ohio school facilities commission shall adopt
rules in accordance with Chapter 119. of the Revised Code under
which, in any fiscal year that funds are appropriated from the
vocational career-technical school building assistance fund for such purpose, the
state board commission may make interest-free loans to school districts.
The rules shall include all of the following:
(A) Application procedures, including the date by which
applications shall be made;
(B) Eligibility criteria, which shall include at least the
following provisions:
(1) A requirement that an applicant district demonstrate
financial need for the loan. Indicators of need may include, but
need not be limited to, levels of assessed valuation, enrollment
levels and enrollment changes, ability of the district to
maintain minimum educational standards, and demonstrated good
faith efforts by the district to secure funds from sources other
than the state.
(2) A requirement that an applicant district demonstrate
the ability to repay the loan within the maximum period permitted
by division (D) of this section;
(3) A requirement that an applicant district is not eligible for a loan, other than a loan for the purchase of any vocational education equipment that is not an approved project cost under this chapter, if the district, on the date of application for the loan, has at any time received any state assistance under sections 3318.01 to 3318.20, section 3318.37 or 3318.38, or sections 3318.40 to 3318.45 of the Revised Code or is reasonably expected to receive state assistance under any of those sections within three fiscal years;
(4) A requirement that an applicant district agree to comply with all applicable design specifications and policies of the commission established pursuant to this chapter in the construction, renovation, or purchase of facilities or equipment paid for with the loan, unless such specifications or policies are waived by the commission.
(C) Loan approval procedures and criteria, including
criteria for prioritizing eligible applications. Criteria for
such prioritization shall include:
(1) Preference for applicant districts that demonstrate
commitment and innovative approaches to the implementation of the
department of education's vocational education modernization plan
pursuant to section 3313.901 of the Revised Code;
(2) Preference for applicant districts that have entered
into or are in the process of entering into cooperative
agreements with technical colleges or other institutions of
higher education either to coordinate secondary vocational
education and post-secondary technical education programs, or to
share facilities and equipment.
(D) Provisions governing the repayment of loans, including
a provision that loans for construction, acquisition, or
renovation of facilities shall be repaid within a maximum of
fifteen years and loans for vocational education equipment shall
be repaid within a maximum of five years;
(E) A requirement that no loan shall be applied to the local resources a district expends as a condition of participation in a program established under section 3318.36 or 3318.46 of the Revised Code.
Sec. 3317.23 3318.49. The state board of education Ohio school facilities commission shall enter into a loan agreement
with each school district it approves for a loan under section 3317.22 3318.48 of the
Revised Code. The agreement shall specify the amount of the loan, the
purposes for which it is to be used, the duration of the loan, and the
repayment schedule. Every such agreement shall contain a provision
authorizing directing the state board of education, upon the request of the executive director of the commission, to deduct from payments due to the district under
Chapter 3317. of the Revised Code or from any other funds appropriated to the
district by the general assembly, the amount of any scheduled loan payment due
but not paid by the district and, within ten days, to transfer that amount to the commission.
A copy of each loan agreement shall be furnished to the controlling board. No
money shall be released from the vocational career-technical school building assistance fund
without the approval of the controlling board.
Sec. 3319.06. (A) The board of education of each city, exempted village, or local school district may create the position of internal auditor. Any person employed by the board as an internal auditor shall hold a valid permit issued under section 4701.10 of the Revised Code to practice as a certified public accountant or a public accountant.
(B) The board shall execute a written contract of employment with each internal auditor it employs. The contract shall specify the internal auditor's duties, the salary and other compensation to be paid for performance of those duties, the number of days to be worked, the number of days of vacation leave, if any, and any paid holidays in the contractual year. The salary and other compensation prescribed by the contract may be increased by the board during the term of the contract but shall not be reduced during that term unless such reduction is part of a uniform plan affecting employees of the entire district. The term of the initial contract shall not exceed three years. Any renewal of the contract shall be for a term of not less than two years and not more than five years.
The internal auditor shall be directly responsible to the board for the performance of all duties outlined in the contract. If the board does not intend to renew the contract upon its expiration, the board shall provide written notice to the internal auditor of its intention not to renew the contract not later than the last day of March of the year in which the contract expires. If the board does not provide such notice by that date, the internal auditor shall be deemed reemployed for a term of one year at the same salary plus any increments that may be authorized by the board. Termination of an internal auditor's contract shall be pursuant to section 3319.16 of the Revised Code.
(C) Each board that employs an internal auditor shall adopt procedures for the evaluation of the internal auditor and shall evaluate the internal auditor in accordance with those procedures. The evaluation based upon the procedures shall be considered by the board in deciding whether to renew the internal auditor's contract of employment. The establishment of an evaluation procedure shall not create an expectancy of continued employment. Nothing in this section shall prevent the board from making the final determination regarding the renewal or nonrenewal of the contract of an internal auditor.
Sec. 3319.081. Except as otherwise provided in division
(G) of this section, in all school districts wherein the
provisions of Chapter 124. of the Revised Code do not apply, the
following employment contract system shall control for employees
whose contracts of employment are not otherwise provided by law:
(A) Newly hired regular nonteaching school employees,
including regular hourly rate and per diem employees, shall enter
into written contracts for their employment which shall be for a
period of not more than one year. If such employees are rehired,
their subsequent contract shall be for a period of two years.
(B) After the termination of the two-year contract
provided in division (A) of this section, if the contract of a
nonteaching employee is renewed, the employee shall be continued
in employment, and the salary provided in the contract may be
increased but not reduced unless such reduction is a part of a
uniform plan affecting the nonteaching employees of the entire
district.
(C) The contracts as provided for in this section may be
terminated by a majority vote of the board of education. Such Except as provided in sections 3319.0810 and 3319.172 of the Revised Code, the
contracts may be terminated only for violation of written rules
and regulations as set forth by the board of education or for
incompetency, inefficiency, dishonesty, drunkenness, immoral
conduct, insubordination, discourteous treatment of the public,
neglect of duty, or any other acts of misfeasance, malfeasance,
or nonfeasance. In addition to the right of the board of
education to terminate the contract of an employee, the board may
suspend an employee for a definite period of time or demote the
employee for the reasons set forth in this division. The action
of the board of education terminating the contract of an employee
or suspending or demoting him the employee shall be served upon
the employee
by certified mail. Within ten days following the receipt of such
notice by the employee, the employee may file an appeal, in
writing, with the court of common pleas of the county in which
such school board is situated. After hearing the appeal the
common pleas court may affirm, disaffirm, or modify the action of
the school board.
A violation of division (A)(7) of section 2907.03 of the Revised Code is
grounds for termination of employment of a nonteaching employee under this
division.
(D) All employees who have been employed by a school
district where the provisions of Chapter 124. of the Revised Code
do not apply, for a period of at least three years on November
24, 1967, shall hold continuing contracts of employment pursuant
to this section.
(E) Any nonteaching school employee may terminate his the
nonteaching school employee's
contract of employment thirty days subsequent to the filing of a
written notice of such termination with the treasurer of the
board.
(F) A person hired exclusively for the purpose of
replacing a nonteaching school employee while such employee is on
leave of absence granted under section 3319.13 of the Revised
Code is not a regular nonteaching school employee under this
section.
(G) All nonteaching employees employed pursuant to this section and Chapter
124. of the Revised Code shall be paid for all time lost when the schools in
which they are employed are closed owing to an epidemic or other public
calamity. Nothing in this division shall be construed as requiring payment in
excess of an employee's regular wage rate or salary for any time worked while
the school in which he the employee is employed is officially
closed for the reasons set forth in this division.
Sec. 3319.0810. (A) The board of education of any school
district wherein the provisions of Chapter 124. of the Revised
Code do not apply may terminate any of its transportation staff
positions for reasons of economy and efficiency if the board
instead of employing its own staff to transport some or all of the
students enrolled in the district schools enters into a contract
with an independent agent for the provision of transportation
services for such students. Such a contract may be entered into
only if all of the following conditions are satisfied:
(1) Any collective bargaining agreement between the
employee organization representing the employees whose positions
are terminated under this section and the board has expired or
will expire within sixty days and has not been renewed in
conformance with provisions of that agreement and with Chapter
4117. of the Revised
Code, or the agreement contains provisions
permitting the
termination of positions for reasons of economy and
efficiency
while the agreement is in force and the board is in conformance
with those provisions.
(2) The board permits any employee whose position is
terminated under this section to fill any vacancy within the
district's organization for which the employee is qualified. The
board shall select from among similarly qualified employees to fill
such vacancies pursuant to procedures established under any
collective bargaining agreement between the employee organization
representing the terminated employees and the board that is in
force at the time of the termination, or in absence
of such
provisions on the basis of seniority of employment by the
board
with the employee with the greatest seniority having highest
priority.
(3) Unless a collective bargaining agreement between the
employee organization representing the terminated employees and
the board that is in force at the time of the termination provides
otherwise, the board permits any employee whose position is
terminated under this section to fill the employee's former
position in the event that the board reinstates that position
within one year after the date the position is terminated under
this section.
(4) The board permits any employee whose position is
terminated under this section to appeal in accordance with section
119.12 of the Revised Code the board's decision to terminate the
employee's position, not to hire that employee for another
position pursuant to division (A)(2) of this section, or not to
rehire that employee for the position if it is reinstated within
one year after the position is terminated pursuant to division
(A)(3) of this section.
(5) The contract entered into by the board and an
independent agent for the provision of transportation services
contains a stipulation requiring the agent to consider hiring any
employees of the school district whose positions are terminated
under this section for similar positions within the agent's
organization.
(6) The contract entered into by the board and an
independent agent for the provision of transportation services
contains a stipulation requiring the agent to recognize for
purposes of employee representation in collective bargaining any
employee organization that represented the employees
whose
positions are terminated under this section in collective
bargaining with the board at the time of the termination provided:
(a) A majority of all employees in the bargaining unit
agree to such representation;
(b) Such representation is not prohibited by federal law,
including any ruling of the national labor relations board;
(c) The employee organization is not prohibited from
representing nonpublic employees by other provisions of law or its
own governing instruments.
However, any
employee whose position is terminated under this
section shall not
be compelled to be included in such bargaining
unit if there is
another bargaining unit within the agent's
organization that is
applicable to the employee.
(B) If after terminating any positions of employment under
this section the board fails to comply with any condition
prescribed in division (A) of this section or fails to enforce on
the agent its contractual obligations prescribed in divisions
(A)(5) and (6) of this section, the terminations shall be void and
the board shall reinstate the positions and fill them with the
employees who filled those positions just prior to the
terminations. Such employees shall be compensated at a rate equal
to their rate of compensation in those positions just prior to the
terminations plus any increases paid since the terminations to
other nonteaching employees. The employees shall also be entitled
to back pay at such rate for the period from the date of the
terminations to the date of the reinstatements minus any pay
received by the employees during any time the board was in
compliance with such conditions or during any time the board
enforced those obligations.
Any employee aggrieved by the failure of the board to
comply with any condition prescribed in division (A) of this
section or to enforce on the agent its contractual obligations
prescribed in divisions (A)(5) and (6) of this section shall have
the right to sue the board for reinstatement of the employee's
former position as provided for in this division in the court of
common pleas for the county in which the school district is
located or, if the school district is located in more than one
county,
in the court of common pleas for the county in which the
majority
of the territory of the school district is located.
Sec. 3319.17. (A) As used in this section, "interdistrict
contract" means any contract or agreement entered into by
an educational service center governing board
and another board or other public entity pursuant to
section 3313.17, 3313.841, 3313.842,
3313.843, 3313.91, or 3323.08 of the Revised Code, including any
such contract or agreement for the provision of services funded
under division (L) of section 3317.024 of the Revised Code
or
provided in any unit approved under section 3317.05 of
the Revised Code.
(B) When, for any of the following reasons that apply to
any city, exempted village, local, or joint vocational
school district or any educational service center, the board decides
that it will be necessary to reduce the number of teachers it
employs, it may make a reasonable reduction:
(1) In the case of any district or service center, return to duty of regular
teachers after leaves of absence including leaves provided pursuant to
division (B) of section 3314.10 of the Revised Code, suspension of schools, or
territorial changes affecting the district or center, or financial reasons;
(2) In the case of any city, exempted village, local, or
joint vocational school district, decreased enrollment of pupils
in the district;
(3) In the case of any governing board of a
service center providing
any particular service directly to pupils pursuant to one or more
interdistrict contracts requiring such service, reduction in the
total number of pupils the governing board is required to
provide
with the service under all interdistrict contracts as a result of
the termination or nonrenewal of one or more of these
interdistrict contracts;
(4) In the case of any governing board
providing
any particular service that it does not provide directly to
pupils pursuant to one or more interdistrict contracts requiring
such service, reduction in the total level of the service the
governing board is required to provide under all interdistrict
contracts as a result of the termination or nonrenewal of one or
more of these interdistrict contracts.
(C) In making any such reduction, any city, exempted village,
local, or joint vocational school board shall proceed to suspend
contracts in accordance with the recommendation of the
superintendent of schools who shall, within each teaching field
affected, give preference first to teachers on continuing contracts and then
to teachers who have greater seniority. In making any such
reduction, any governing board of a service center shall
proceed to suspend
contracts in accordance with the recommendation of the
superintendent who shall, within each teaching field
or service area affected, give preference first to teachers on
continuing contracts and then to teachers who have greater seniority.
On a case-by-case basis, in lieu of suspending a contract in whole, a board may suspend a contract in part, so that an individual is required to work a percentage of the time the employee otherwise is required to work under the contract and receives a commensurate percentage of the full compensation the employee otherwise would receive under the contract.
The teachers whose continuing contracts are suspended by
any board pursuant to this section shall have the right of
restoration to continuing service status by that board in the
order of seniority of service in the district or service center if and when
teaching positions become vacant or are created for which any of
such teachers are or become qualified. No teacher whose continuing contract has been suspended pursuant to this section shall lose that right of restoration to continuing service status by reason of having declined recall to a position that is less than full-time or, if the teacher was not employed full-time just prior to suspension of the teacher's continuing contract, to a position requiring a lesser percentage of full-time employment than the position the teacher last held while employed in the district or service center.
(D) Notwithstanding any provision to the contrary in Chapter 4117. of the Revised Code, the requirements of this section prevail over any conflicting provisions of agreements between employee organizations and public employers entered into after the effective date of this amendment.
Sec. 3319.172. The board of education of each school district wherein the provisions of Chapter 124. of the Revised Code do not apply and the governing board of each educational service center may adopt a resolution ordering reasonable reductions in the number of nonteaching employees for any of the reasons for which the board of education or governing board may make reductions in teaching employees, as set forth in division (B) of section 3319.17 of the Revised Code.
In making any reduction under this section, the board of education or governing board shall proceed to suspend contracts in accordance with the recommendation of the superintendent of the district or service center who shall, within each pay classification affected, give preference first to employees under continuing contracts and then to employees on the basis of seniority. On a case-by-case basis, in lieu of suspending a contract in whole, a board may suspend a contract in part, so that an individual is required to work a percentage of the time the employee otherwise is required to work under the contract and receives a commensurate percentage of the full compensation the employee otherwise would receive under the contract.
Any nonteaching employee whose continuing contract is suspended under this section shall have the right of restoration to continuing service status by the board of education or governing board that suspended that contract in order of seniority of service in the district or service center, if and when a nonteaching position for which the employee is qualified becomes vacant or is created. No nonteaching employee whose continuing contract has been suspended under this section shall lose that right of restoration to continuing service status by reason of having declined recall to a position requiring fewer regularly scheduled hours of work than required by the position the employee last held while employed in the district or service center.
Notwithstanding any provision to the contrary in Chapter 4117. of the Revised Code, the requirements of this section prevail over any conflicting provisions of agreements between employee organizations and public employers entered into after the effective date of this section.
Sec. 3319.22. (A)(1) The state board of education shall adopt
rules
establishing the standards and requirements for obtaining
temporary,
associate, provisional, and professional educator
licenses of any categories,
types, and levels the board elects to
provide. However, no educator license
shall be required for
teaching children two years old or younger.
(2) If the state board requires any examinations for educator licensure, the department of education shall provide the results of such examinations received by the department to the Ohio board of regents, in the manner and to the extent permitted by state and federal law.
(B) Any rules the state board of education adopts, amends,
or rescinds for
educator licenses under this section, division (D)
of section 3301.07 of the
Revised Code, or any other law shall be
adopted, amended, or rescinded under
Chapter 119. of the Revised
Code
except as follows:
(1) Notwithstanding division (D) of
section 119.03 and
division (A)(1) of section
119.04 of the Revised Code, in the case of the adoption of any rule or the
amendment or rescission of any
rule that necessitates institutions' offering teacher preparation programs that are approved by the state board of education under section 3319.23 of the Revised Code to revise the curriculum of those programs, the effective date shall not be as prescribed in division
(D) of section
119.03 and division (A)(1) of section 119.04 of the
Revised Code.
Instead, the
effective date of such rules, or the amendment or rescission of such rules,
shall be
the date prescribed
by
section 3319.23 of the Revised Code.
(2) Notwithstanding the authority to adopt, amend, or
rescind emergency
rules in division (F) of section 119.03 of the
Revised Code,
this authority shall not apply to the state board of
education with regard to
rules for educator licenses.
(C)(1) The rules adopted under this section establishing
standards requiring
additional coursework for the renewal of any
educator license shall require a
school district and a chartered
nonpublic school to establish local
professional development
committees. In a nonpublic school, the chief
administrative
officer shall establish the committees in any manner acceptable
to
such officer. The committees established under this division
shall
determine whether coursework that a district or chartered
nonpublic school
teacher proposes to complete meets the
requirement of the rules. The department of education shall provide technical assistance and support to committees as the committees incorporate the professional development standards adopted by the state board of education pursuant to section 3319.61 of the Revised Code into their review of coursework that is appropriate for license renewal. The rules
shall establish a procedure
by which a teacher may appeal the decision of a
local professional
development committee.
(2) In any school district in which there is no exclusive
representative
established under Chapter 4117. of the Revised
Code, the professional
development committees shall be established
as described in division (C)(2) of
this section.
Not later than the effective date of the rules adopted under
this section, the
board of education of each school district shall
establish the structure for
one or more local professional
development committees to be operated by such
school district.
The
committee structure so established by a district board
shall
remain in effect unless within thirty days prior to an anniversary
of
the date upon which the current committee structure was
established, the board
provides notice to all affected district
employees that the committee
structure is to be modified.
Professional development committees may have a
district-level or
building-level scope of operations, and may be
established
with
regard to particular grade or age levels for which an educator
license is
designated.
Each professional development committee shall consist of at
least three
classroom teachers employed by the district, one
principal employed by the
district, and one other employee of the
district appointed by the district
superintendent. For committees
with a building-level scope, the
teacher and
principal members
shall be assigned to that building, and the teacher members
shall
be elected by majority vote of the classroom teachers assigned to
that
building. For committees with a district-level scope, the
teacher
members
shall be elected by majority vote of the classroom
teachers of the district,
and the principal member shall be
elected by a majority vote of the principals
of the district,
unless there are two or fewer principals employed by the
district,
in which case the one or two principals employed shall serve on
the
committee. If a committee has a particular grade or age level
scope, the
teacher members shall be licensed to teach such grade
or age levels, and shall
be elected by majority vote of the
classroom teachers holding such a license
and the principal shall
be elected by all principals serving in buildings
where any such
teachers serve. The district superintendent shall appoint a
replacement to fill any vacancy that occurs on a professional
development
committee, except in the case of vacancies among the
elected classroom teacher
members, which shall be filled by vote
of the remaining members of the
committee so selected.
Terms of office on professional development committees shall
be prescribed by
the district board establishing the committees.
The conduct of elections for
members of professional development
committees shall be prescribed by the
district board establishing
the committees. A professional development
committee may include
additional members, except that the majority of members
on each
such committee shall be classroom teachers employed by the
district.
Any member appointed to fill a vacancy occurring prior
to the expiration date
of the term for which a predecessor was
appointed shall hold office as a
member for the remainder of that
term.
The initial meeting of any professional development
committee, upon election
and appointment of all committee members,
shall be called by a member
designated by the district
superintendent. At this initial meeting, the
committee shall
select a chairperson and such other officers the committee
deems
necessary, and shall adopt rules for the conduct of its meetings.
Thereafter, the committee shall meet at the call of the
chairperson or upon
the filing of a petition with the district
superintendent signed by a majority
of the committee members
calling for the committee to meet.
(3) In the case of a school district in which an exclusive
representative has
been established pursuant to Chapter 4117. of
the Revised Code, professional
development committees shall be
established in accordance with any collective
bargaining agreement
in effect in the district that includes provisions for
such
committees.
If the collective bargaining agreement does not specify a
different method for
the selection of teacher members of the
committees, the exclusive
representative of the district's
teachers shall select the teacher members.
If the collective bargaining agreement does not specify a
different structure
for the committees, the board of education of
the school district shall
establish the structure, including the
number of committees and the number of
teacher and administrative
members on each committee; the specific
administrative members to
be part of each committee; whether the scope of the
committees
will be district levels, building levels, or by
type of grade or
age
levels for which educator licenses are designated; the lengths
of terms for
members; the manner of filling vacancies on the
committees; and the frequency
and time and place of meetings.
However, in all cases, except as
provided in division (C)(4) of
this section, there shall be a
majority of teacher members of any
professional development committee, there
shall be at least five
total members of any professional development
committee, and the
exclusive representative shall designate replacement
members in
the case of vacancies among teacher members, unless the collective
bargaining agreement specifies a different method of selecting
such
replacements.
(4) Whenever an
administrator's coursework plan is being
discussed or voted
upon, the local professional development
committee shall, at the
request of one of its administrative
members, cause a majority
of the committee to consist of
administrative members by
reducing the number of teacher members
voting on the
plan.
(D)(1) The department of education, educational service
centers,
county boards of mental retardation and developmental
disabilities, regional professional development centers, special
education regional resource centers, college and university
departments of education, head start programs, the eTech Ohio SchoolNet
commission, and the Ohio education computer network may establish
local professional development committees to determine whether the
coursework
proposed by their
employees who are licensed or
certificated under this section or section
3319.222 of the Revised
Code meet the requirements of the
rules adopted under this
section. They may establish local professional
development
committees on their own or in
collaboration with a school district
or other agency having authority to
establish them.
Local professional development committees established by
county
boards of mental retardation and developmental disabilities
shall be
structured in a manner comparable to the structures
prescribed for
school districts in divisions (C)(2) and (3) of
this section, as
shall the committees established by any other
entity specified in
division (D)(1) of this section that provides
educational
services by employing or contracting for services of
classroom teachers
licensed or
certificated under this section or
section 3319.222 of the Revised
Code. All other entities
specified in division (D)(1) of this
section shall structure their
committees in accordance with guidelines
which shall be issued by
the state board.
(2) Any public agency that is not specified in division
(D)(1) of
this section but provides educational services and
employs or
contracts for services of classroom teachers licensed
or
certificated under this section or section 3319.222 of the
Revised
Code may establish a local professional development
committee,
subject to the approval of the department of education.
The committee shall
be structured in
accordance with guidelines
issued by the state board.
Sec. 3319.235. (A) The standards for the preparation of teachers adopted
under section 3319.23 of the Revised Code shall require any institution that
provides a course of study for the training of teachers to ensure that
graduates of such course of study are skilled at integrating educational
technology in the instruction of children, as evidenced by the graduate having
either demonstrated proficiency in such skills in a manner prescribed by the
department of education or completed a course that includes training in such
skills.
(B) The eTech Ohio SchoolNet commission,
established pursuant to section 3301.80 of the Revised Code, shall
establish model professional development programs to assist teachers who
completed their
teacher preparation prior to the effective date of division (A) of
this section to become skilled at integrating educational technology in the
instruction of children. The commission shall provide
technical assistance to
school districts wishing to establish such programs.
Sec. 3319.55. (A) A grant program is hereby established to
recognize and reward teachers in public and chartered nonpublic schools who hold valid teaching
certificates or licenses issued by the national board for professional
teaching
standards. The superintendent of public instruction shall administer this
program in accordance with this section and rules which the state board of
education shall adopt in accordance with Chapter 119. of the Revised Code.
In each fiscal year that the general assembly appropriates funds for
purposes of this section, the superintendent of public instruction shall award
a grant to each person who, by the first day of April of that year
and in
accordance with the rules adopted under this section, submits to the
superintendent evidence indicating all of the following:
(1) The person holds a valid certificate or license issued by the national
board for professional teaching standards;
(2) The person has been employed full-time as a teacher by the board of
education of a school district or by a chartered nonpublic school in this state during the current school year;
(3) The date the person was accepted into the national board certification or licensure program.
An individual may receive a grant under this section in each fiscal year the
person is eligible for a grant and submits evidence of that eligibility in
accordance with this section. No person may receive a grant after the expiration of the person's initial certification or license issued by the national board.
(B) The amount of the grant awarded to each eligible person under
division (A) of this section in any fiscal year shall equal the following:
(1) Two
thousand five hundred dollars for any teacher accepted as a candidate for certification or licensure by the national board on or before May 31, 2003, and issued a certificate or license by the national board on or before December 31, 2004;
(2) One thousand dollars for any other teacher issued a certificate or license by the national board.
However, if the funds appropriated for
purposes of this section in any fiscal year are not sufficient to award the
full grant amount to each person who is eligible in that fiscal year, the superintendent shall prorate the
amount of the grant awarded in that fiscal year to each eligible person.
Sec. 3323.021. As used in this section,
"participating
county MR/DD board" means a
county board of mental retardation and
developmental
disabilities electing to participate in the
provision of or
contracting for educational services for children
under division
(D) of section 5126.05 of the Revised Code.
(A) When a school district, educational service
center, or
participating county
MR/DD board enters into an
agreement or
contract with another school district, educational
service center,
or participating county
MR/DD board to provide
educational
services to a disabled child during a school year,
both of the
following shall apply:
(1) Beginning with fiscal year 1999, if the provider of the
services
intends to increase
the amount it charges for some or all
of those services during
the next school year or if the provider
intends to cease
offering all or part of those services during the
next school
year, the provider shall notify the entity for which
the
services are provided of these intended changes no later that
the first day of March of the
current fiscal year.
(2) Beginning with fiscal year 1999, if the entity for which
services are
provided intends
to cease obtaining those services
from the provider for the next
school year or intends to change
the type or amount of services
it obtains from the provider for
the next school year, the
entity shall notify the service provider
of these intended
changes no later than the first day of
March of
the current fiscal
year.
(B) School districts,
educational service centers,
participating county
MR/DD boards, and other
applicable
governmental entities shall collaborate where
possible to maximize
federal sources of revenue, including the
community alternative
funding system of the medical assistance
program established under
Chapter 5111. of the
Revised
Code, to provide additional
funds for
special education related services for disabled
children.
Annually, each school district shall report to the department of
education any amounts of money the district received through such
medical
assistance program.
(C) The state board of
education, the department of mental
retardation and
developmental disabilities, and the department of
job and family
services
shall develop working agreements for
pursuing additional funds
for services for disabled children.
Sec. 3323.091. (A) The department of mental health, the
department of mental retardation and developmental disabilities,
the department of youth services, and the department of
rehabilitation and correction shall establish and maintain
special
education programs for handicapped children in
institutions under
their jurisdiction according to standards
adopted by the state
board of education. The
(B) The superintendent of
each state institution required to provide services under division (A) of this section, and each county MR/DD board,
providing special education for handicapped preschool children under this chapter
may apply to the
state department of education for unit funding,
which shall be
paid in accordance with sections
3317.052
and
3317.053 of the
Revised Code.
(B) On The superintendent of each state institution required to provide services under division (A) of this section may apply to the department of education for special education and related services weighted funding for handicapped children other than handicapped preschool children, calculated in accordance with section 3317.201 of the Revised Code.
Each county MR/DD board providing special education for handicapped children other than handicapped preschool children may apply to the department of education for base cost and special education and related services weighted funding calculated in accordance with section 3317.20 of the Revised Code.
(C) In addition to the authorization to apply for state funding described in division (B) of this section, each state institution required to provide services under division (A) of this section is entitled to tuition payments calculated in the manner described in division (C) of this section.
On or before the thirtieth day of June of each year,
the
superintendent of each institution that during the school
year
provided special education pursuant to this section shall
prepare
a statement for each handicapped child under twenty-two
years of
age who has received special education. The statement
shall
contain the child's name and the name of the child's school
district of residence. Within sixty days after receipt of such
statement, the department of education shall perform one of the
following:
(1) For any child except a handicapped preschool child
described in division (B)(C)(2) of this section, pay to the
institution submitting the statement an amount equal to the
tuition calculated under division (A) of section 3317.08 of the
Revised Code for the period covered by the statement, and deduct
the same from the amount of state funds, if any, payable under
sections 3317.022 and 3317.023 of the Revised Code, to the
child's
school district of residence or, if the amount of such
state funds
is insufficient, require the child's school district
of residence
to pay the institution submitting the statement an
amount equal to
the amount determined under this division.
(2) For any handicapped preschool child not included in a
unit approved under division (B) of section 3317.05 of the
Revised
Code, perform the following:
(a) Pay to the institution submitting the statement an
amount equal to the tuition calculated under division (B) of
section 3317.08 of the Revised Code for the period covered by the
statement, except that in calculating the tuition under that
section the operating expenses of the institution submitting the
statement under this section shall be used instead of the
operating expenses of the school district of residence;
(b) Deduct from the amount of state funds, if any, payable
under sections 3317.022 and 3317.023 of the Revised Code to the
child's school district of residence an amount equal to the
amount
paid under division (B)(C)(2)(a) of this section.
Sec. 3323.14. This section does not apply to any
handicapped preschool child except if included in a unit approved
under division (B) of section 3317.05 of the Revised Code.
(A) Where a child who is a school resident of one school
district receives special education from another district and the
per capita cost to the educating district for that
child exceeds the sum of the amount received by the
educating district for that child under
division (A) of
section 3317.08 of the Revised Code and the amount
received by the district from the state board of education for that
child, then the board of
education of the district of residence shall pay directly to the
board of the school district that is providing the special
education such excess cost as is determined by using a
formula approved by the department of education and agreed upon in
contracts entered into by the boards of the district concerned at
the time the district providing such special education accepts
the child for enrollment. The department of education shall
certify the amount of the payments under Chapter 3317. of the
Revised Code for such handicapped pupils for each school year
ending on the thirtieth day of July.
(B) In the case of a child described in division (A) of this section who has been placed in a home, as defined in section 3313.64 of the Revised Code, pursuant to the order of a court and who is not subject to section 3323.141 of the Revised Code, the district providing the child with special education and related services may charge to the child's district of residence the excess cost determined by formula approved by the department, regardless of whether the district of residence has entered into a contract with the district providing the services. If the district providing the services chooses to charge excess costs, the district may report the amount calculated under this division to the department.
(C) If a district providing special education for a child reports an amount for the excess cost of those services, as authorized and calculated under division (A) or (B) of this section, the department shall pay that amount of excess cost to the district providing the services and shall deduct that amount from the child's district of residence in accordance with division (N) of section 3317.023 of the Revised Code.
Sec. 3323.16. No unit for deaf children shall be disapproved for funding
under division (B) or (D)(1) of section
3317.05 of the Revised Code on the basis of the
methods of instruction used in educational programs in the school district or
institution to teach deaf children to communicate, and no preference in
approving units for funding shall be given for teaching
deaf children by the oral, manual, total communication, or other method of
instruction.
Sec. 41.36 3323.19. (A) In the 2004-2005 and 2005-2006 school years, within Within three months after a student identified with disabilities begins receiving services for the first time under an individualized education program, as defined in section 3323.01 of the Revised Code, the school district in which that student is enrolled shall require the student to undergo a comprehensive eye examination performed either by an optometrist licensed under Chapter 4725. of the Revised Code or by a physician authorized under Chapter 4731. of the Revised Code to practice medicine and surgery or osteopathic medicine and surgery who is comprehensively trained and educated in the treatment of the human eye, eye disease, or comprehensive vision services, unless the student underwent such an examination within the nine-month period immediately prior to being identified with disabilities.
However, no student who has not undergone the eye examination required under this section shall be prohibited from initiating, receiving, or continuing to receive services prescribed in the student's individualized education program.
(B) The superintendent of each school district or the superintendent's designee may determine fulfillment of the requirement prescribed in division (A) of this section based on any special circumstances of the student, the student's parent, guardian, or family that may prevent the student from undergoing the eye examination prior to beginning special education services.
(C) Except for a student who may be entitled to a comprehensive eye examination in the identification of the student's disabilities, in the development of the student's individualized education program, or as a related service under the student's individualized education program, neither the state nor any school district shall be responsible for paying for the eye examination required by this section.
Sec. 3323.20. On July 1, 2006, and on each first day of July thereafter, the department of education shall electronically report to the general assembly the number of handicapped preschool children who received services for which the department made a payment to any provider during the previous fiscal year, disaggregated according to each category of handicap described in divisions (A) to (F) of section 3317.013 of the Revised Code, regardless of whether payment for services was based on the multiples prescribed in those divisions.
Sec. 3323.30. The Ohio center for autism and low incidence is hereby established within the department of education's office for exceptional children, or any successor of that office. The center shall administer programs and coordinate services for infants, preschool and school-age children, and adults with autism and low incidence disabilities. The center's principal focus shall be programs and services for persons with autism. The center shall be under the direction of an executive director, appointed by the superintendent of public instruction in consultation with the advisory board established under section 3323.31 of the Revised Code. The department shall use state and federal funds appropriated to the department for operation of the center.
As used in this section and in sections 3323.31 to 3323.33 of the Revised Code, "autism and low incidence disabilities" includes any of the following:
(B) Deafness or hearing handicap;
(E) Other health handicap;
(F) Traumatic brain injury;
Sec. 3323.31. The superintendent of public instruction shall establish an advisory board to assist and advise the department of education in the operation of the Ohio center for autism and low incidence. As determined by the superintendent, the advisory board shall consist of individuals who are stakeholders in the service to persons with autism and low incidence disabilities, including, but not limited to, the following:
(A) Persons with autism and low incidence disabilities;
(B) Parents and family members;
(C) Educators and other professionals;
(D) Higher education instructors;
(E) Representatives of state agencies.
The advisory board shall be organized as determined by the superintendent.
Members of the advisory board shall receive no compensation for their services.
Sec. 3323.32. The Ohio center for autism and low incidence shall do all of the following:
(A) Collaborate and consult with state agencies that serve persons with autism and low incidence disabilities;
(B) Collaborate and consult with institutions of higher education in development and implementation of courses for educators and other professionals serving persons with autism and low incidence disabilities;
(C) Collaborate with parent and professional organizations;
(D) Create and implement programs for professional development, technical assistance, intervention services, and research in the treatment of persons with autism and low incidence disabilities;
(E) Create a regional network for communication and dissemination of information among educators and professionals serving persons with autism and low incidence disabilities. The regional network shall address educational services, evaluation, diagnosis, assistive technology, family support, leisure and recreational activities, transition, employment and adult services, and medical care for persons with autism and low incidence disabilities.
(F) Develop a statewide clearinghouse for information about autism spectrum disorders and low incidence disabilities, as described in section 3323.33 of the Revised Code.
Sec. 3323.33. In developing a clearinghouse for information about autism spectrum disorders and low incidence disabilities, as required under section 3323.32 of the Revised Code, the Ohio center for autism and low incidence shall do all of the following:
(A) Maintain a collection of resources for public distribution;
(B) Monitor information on resources, trends, policies, services, and current educational interventions;
(C) Respond to requests for information from parents and educators of children with autism and low incidence disabilities.
Sec. 3324.10. (A) Prior to June 30, 2006, the state board of education shall adopt a model student acceleration policy addressing recommendations in the department of education's 2005 study conducted under the gifted research and demonstration grant program. The policy shall address, but not be limited to, whole grade acceleration, subject area acceleration, and early high school graduation.
(B) The board of education of each city, local, and exempted village school district shall implement a student acceleration policy to take effect beginning in the 2006-2007 school year. The policy shall either be the model adopted by the state board under division (A) of this section or a policy covering similar issues that is adopted by the district board.
Sec. 3325.10. The state school for the blind may receive and administer any federal funds relating to the education of blind or visually impaired students. The school for the blind also may accept and administer any gifts, donations, or bequests made to it for programs or services relating to the education of blind or visually impaired students.
Sec. 3325.11. There is hereby created in the state treasury the state school for the blind student activity and work-study fund. Moneys received from donations, bequests, the school vocational program, and any other moneys designated for deposit in the fund by the superintendent of the state school for the blind shall be credited to the fund. Notwithstanding section 3325.01 of the Revised Code, the approval of the state board of education is not required to designate money for deposit into the fund. The school for the blind shall use money in the fund for school operating expenses, including, but not limited to, personal services, maintenance, and equipment related to student support, activities, and vocational programs, and for providing scholarships to students for further training upon graduation.
Sec. 3325.12. There is hereby created the state school for the blind student account fund, which shall be in the custody of the treasurer of state but shall not be part of the state treasury. The fund shall consist of all moneys received from the parents or guardians of students attending the state school for the blind that are designated for use by the respective students in activities of their choice. The treasurer of state may invest any portion of the fund not needed for immediate use in the same manner as, and subject to laws regarding the investment of, state funds. The treasurer of state shall disburse money from the fund on order of the superintendent of the state school for the blind or the superintendent's designee. All investment earnings of the fund shall be credited to the fund and allocated among the student accounts in proportion to the amount invested from each student's account.
Sec. 3325.15. The state school for the deaf may receive and administer any federal funds relating to the education of deaf or hearing-impaired students. The school for the deaf also may accept and administer any gifts, donations, or bequests given to it for programs or services relating to the education of deaf or hearing-impaired students.
Sec. 3325.16. There is hereby created in the state treasury the state school for the deaf educational program expenses fund. Moneys received by the school from donations, bequests, student fundraising activities, fees charged for camps and workshops, gate receipts from athletic contests, and the student work experience program operated by the school, and any other moneys designated for deposit in the fund by the superintendent of the school, shall be credited to the fund. Notwithstanding section 3325.01 of the Revised Code, the approval of the state board of education is not required to designate money for deposit into the fund. The state school for the deaf shall use moneys in the fund for educational programs, after-school activities, and expenses associated with student activities and clubs.
Sec. 3325.17. There is hereby created the state school for the deaf student account fund, which shall be in the custody of the treasurer of state but shall not be part of the state treasury. The fund shall consist of all moneys received from the parents or guardians of students attending the state school for the deaf that are designated for use by the respective students in activities of their choice. The treasurer of state may invest any portion of the fund not needed for immediate use in the same manner as, and subject to laws regarding the investment of, state funds. The treasurer of state shall disburse money from the fund on order of the superintendent of the state school for the deaf or the superintendent's designee. All investment earnings of the fund shall be credited to the fund and allocated among the student accounts in proportion to the amount invested from each student's account.
Sec. 3327.01. Notwithstanding division (D) of section
3311.19 and division (D) of section 3311.52 of the Revised Code,
this section and sections 3327.011, 3327.012, and 3327.02 of
the Revised
Code do not apply to any joint vocational or
cooperative
education school district.
In all city, local, and exempted village school districts
where resident school pupils in grades kindergarten through eight
live more than two miles from the school for which the state
board
of education prescribes minimum standards pursuant to
division (D)
of section 3301.07 of the Revised Code and to which
they are
assigned by the board of education of the district of
residence or
to and from the nonpublic
or community school which they attend
the board of education shall provide transportation for such
pupils to and from such school except
as provided in
section 3327.02 of the Revised Code.
In all city, local, and exempted village school districts where pupil transportation is required under a career-technical plan approved by the state board of education under section 3313.90 of the Revised Code, for any student attending a career-technical program operated by another school district, including a joint vocational school district, as prescribed under that section, the board of education of the student's district of residence shall provide transportation from the public high school operated by that district to which the student is assigned to the career-technical program.
In all city, local, and exempted village school districts
the
board may provide transportation for resident school pupils
in
grades nine through twelve to and from the high school to
which
they are assigned by the board of education of the district
of
residence or to and from the
nonpublic or community
high school which they
attend for which the state board of
education prescribes minimum
standards pursuant to division (D) of
section 3301.07 of the
Revised Code.
A board of education shall not be required to transport
elementary or high school pupils to and from a
nonpublic or community school
where such transportation would
require more than thirty minutes
of direct travel time as measured
by school bus from the
public school building to which the pupils would be assigned if attending the public school designated by the
district of residence.
Where it is impractical to transport a pupil by school
conveyance, a board of education may
offer payment, in lieu of
providing such
transportation
in accordance with section 3327.02 of the Revised Code.
In all city, local, and exempted village school districts
the
board shall provide transportation for all children who are
so
crippled that they are unable to walk to and from the school
for
which the state board of education prescribes minimum
standards
pursuant to division (D) of section 3301.07 of the
Revised Code
and which they attend. In case of dispute whether
the child is
able to walk to and from the school, the health
commissioner shall
be the judge of such ability. In all city,
exempted village, and
local school districts the board shall
provide transportation to
and from school or special education
classes for educable mentally
retarded children in accordance
with standards adopted by the
state board of education.
When transportation of pupils is provided the conveyance
shall be run on a time schedule that shall be adopted and put in
force by the board not later than ten days after the beginning of
the school term.
The cost of any transportation service authorized by this
section shall be paid first out of federal funds, if any,
available for the purpose of pupil transportation, and secondly
out of state appropriations, in accordance with regulations
adopted by the state board of education.
No transportation of any pupils shall be provided by any
board of education to or from any school which in the selection
of
pupils, faculty members, or employees, practices
discrimination
against any person on the grounds of race, color,
religion, or
national origin.
Sec. 3332.092. Any school subject to this chapter receiving
money under
section 3333.12 or 3333.122 of the Revised Code on behalf of a
student who is determined
by the state board of
career colleges and schools to be ineligible under
such section because the program in which
the student is
enrolled does not lead to an associate or baccalaureate degree,
shall be
liable to the state for the amount
specified in section
3333.12 or 3333.122 of the Revised Code. The state board of
career colleges and schools shall suspend the
certificate of registration
of a school receiving money under
section 3333.12 or 3333.122 of the Revised Code for such
ineligible student
until such time as the money is repaid to the
Ohio board of
regents.
Sec. 3333.04. The Ohio board of regents shall:
(A) Make studies of state policy in the field of higher
education and formulate a master plan for higher education for
the
state, considering the needs of the people, the needs of the
state, and the role of individual public and private institutions
within the state in fulfilling these needs;
(B)(1) Report annually to the governor and the general
assembly on the findings from its studies and the master plan for
higher education for the state;
(2) Report at least semiannually to the general assembly and
the
governor the enrollment numbers at each state-assisted
institution of higher
education.
(C) Approve or disapprove the establishment of new
branches
or academic centers of state colleges and universities;
(D) Approve or disapprove the establishment of state
technical colleges or any other state institution of higher
education;
(E) Recommend the nature of the programs, undergraduate,
graduate, professional, state-financed research, and public
services which should be offered by the state colleges,
universities, and other state-assisted institutions of higher
education in order to utilize to the best advantage their
facilities and personnel;
(F) Recommend to the state colleges, universities, and
other
state-assisted institutions of higher education graduate or
professional programs, including, but not limited to, doctor of
philosophy, doctor of education, and juris doctor programs, that
could be eliminated because they constitute unnecessary
duplication, as shall be determined using the process developed
pursuant to this section, or for other good and sufficient cause.
For purposes of determining the amounts of any state
instructional
subsidies paid to these colleges, universities, and
institutions,
the board may exclude students enrolled in any
program that the
board has recommended for elimination pursuant
to this division
except that the board shall not exclude any such
student who
enrolled in the program prior to the date on which
the board
initially commences to exclude students under this
division. The
board of regents and these colleges, universities,
and
institutions shall jointly develop a process for determining
which
existing graduate or professional programs constitute
unnecessary
duplication.
(G) Recommend to the state colleges, universities, and
other
state-assisted institutions of higher education programs
which
should be added to their present programs;
(H) Conduct studies for the state colleges, universities,
and other state-assisted institutions of higher education to
assist them in making the best and most efficient use of their
existing facilities and personnel;
(I) Make recommendations to the governor and general
assembly concerning the development of state-financed capital
plans for higher education; the establishment of new state
colleges, universities, and other state-assisted institutions of
higher education; and the establishment of new programs at the
existing state colleges, universities, and other institutions of
higher education;
(J) Review the appropriation requests of the public
community colleges and the state colleges and universities and
submit to the office of budget and management and to the
chairpersons of the finance committees of the house of
representatives
and of the senate its recommendations in regard to
the biennial higher
education appropriation for the state,
including appropriations
for the individual state colleges and
universities and public
community colleges. For the purpose of
determining the amounts
of instructional subsidies to be paid to
state-assisted colleges
and universities, the board shall define
"full-time equivalent
student" by program per academic year. The
definition may take
into account the establishment of minimum
enrollment levels in
technical education programs below which
support allowances will
not be paid. Except as otherwise provided
in this section, the
board shall make no change in the definition
of "full-time
equivalent student" in effect on November 15, 1981,
which would
increase or decrease the number of subsidy-eligible
full-time
equivalent students, without first submitting a fiscal
impact
statement to the president of the senate, the speaker of
the
house of representatives,
the legislative budget office of the
legislative service commission, and the director of budget and
management. The board shall work in close cooperation with the
director of budget and management in this respect and in all
other
matters concerning the expenditures of appropriated funds
by state
colleges, universities, and other institutions of higher
education.
(K) Seek the cooperation and advice of the officers and
trustees of both public and private colleges, universities, and
other institutions of higher education in the state in performing
its duties and making its plans, studies, and recommendations;
(L) Appoint advisory committees consisting of persons
associated with public or private secondary schools, members of
the state board of education, or personnel of the state
department
of education;
(M) Appoint advisory committees consisting of college and
university personnel, or other persons knowledgeable in the field
of higher education, or both, in order to obtain their advice and
assistance in defining and suggesting solutions for the problems
and needs of higher education in this state;
(N) Approve or disapprove all new degrees and new degree
programs at all state colleges, universities, and other
state-assisted institutions of higher education;
(O) Adopt such rules as are necessary to carry out its
duties and responsibilities;
(P) Establish and submit to the governor and the general
assembly a clear and measurable set of goals and timetables for
their achievement for each program under the supervision of the
board that is designed to accomplish any of the following:
(1) Increased access to higher education;
(5) Excellence in higher education;
(6) Reduction in the number of graduate programs within
the
same subject area.
In July of each odd-numbered year, the board of regents
shall
submit to the governor and the general assembly a report on
progress made toward these goals.
(Q) Make recommendations to the governor and the general
assembly regarding the design and funding of the student
financial
aid programs specified in sections 3333.12, 3333.122, 3333.21 to
3333.27,
and 5910.02 of the Revised Code;
(R) Participate in education-related state or federal
programs on behalf of the state and assume responsibility for the
administration of such programs in accordance with applicable
state or federal law;
(S) Adopt rules for student financial
aid programs as
required by sections 3333.12, 3333.122, 3333.21 to
3333.27, 3333.28,
3333.29, and 5910.02 of the
Revised Code, and perform any other
administrative functions assigned to the board by those
sections;
(T) Administer contracts
under sections 3702.74 and 3702.75
of the
Revised Code in accordance with rules
adopted by the
director of health under section 3702.79 of the
Revised Code;
(U) Conduct enrollment audits of state-supported
institutions of
higher education;
(V) Appoint consortiums of college and university personnel
to
participate in the development and operation of statewide
collaborative
efforts, including the Ohio supercomputer center,
the Ohio
academic resources network, OhioLink, and the
Ohio
learning network. For each consortium, the board shall designate
a
college
or university to serve as that consortium's fiscal
agent,
financial officer, and employer. Any funds appropriated to
the
board for consortiums shall be distributed to the fiscal
agents
for the operation of the consortiums. A consortium shall
follow
the rules of the college or university that serves as its
fiscal
agent.
Sec. 3333.044. (A) The Ohio board of regents may
contract with any consultants that are necessary for the
discharge of the board's duties under this chapter.
(B) The Ohio board of regents may
purchase, upon the terms that the board determines to be
advisable, one or more policies of insurance from insurers
authorized to do business in this state that insure consultants
who have contracted with the board under division
(A) of this section or members
of an advisory committee appointed under section 3333.04 of the
Revised Code, with respect to the
activities of the consultants or advisory committee members in
the course of the performance of their responsibilities as
consultants or advisory committee members.
(C) Subject to the approval of the
controlling board, the Ohio
board of regents may contract with any entities for the
discharge of the board's duties and responsibilities under any
of the programs established pursuant to sections 3333.12, 3333.122,
3333.21 to 3333.28, 3702.71 to 3702.81, and 5120.55, and
Chapter 5910. of the
Revised Code. The board shall not
enter into a contract under this division unless the proposed
contractor demonstrates that its primary purpose is to promote
access to higher education by providing student financial
assistance through loans, grants, or scholarships, and by
providing high quality support services and information to
students and their families with regard to such financial
assistance.
Chapter 125. of the Revised Code does not apply to
contracts entered into pursuant to this section. In awarding
contracts under this division, the board shall consider factors
such as the cost of the administration of the contract, the
experience of the contractor, and the contractor's ability to
properly execute the contract.
Sec. 3333.047. With regard to any state student financial aid program established in this chapter, Chapter 5910., or section 5919.34 of the Revised Code, the Ohio board of regents shall conduct audits to:
(A) Determine the validity of information provided by students and parents regarding eligibility for state student financial aid. If the board determines that eligibility data has been reported incorrectly or inaccurately, and where the board determines an adjustment to be appropriate, the institution of higher education shall adjust the financial aid awarded to the student.
(B) Ensure that institutions of higher education are in compliance with the board's rules governing state student financial aid programs. An institution that fails to comply with the board's rules in the administration of any state student financial aid program shall be fully liable to reimburse the board for the unauthorized use of student financial aid funds.
Sec. 3333.12. (A) As used in this section:
(1)
"Eligible student" means an undergraduate student who
is:
(a) An Ohio resident enrolled in an undergraduate program before the 2006-2007 academic year;
(b) Enrolled in either of the following:
(i) An accredited institution of higher education in this
state that meets the requirements of Title VI of the Civil Rights
Act of 1964 and is state-assisted, is nonprofit and has a
certificate of authorization from the Ohio board of regents
pursuant to Chapter 1713. of the Revised Code,
has a
certificate
of registration from the state board of
career colleges and schools and program authorization
to award an
associate or
bachelor's degree, or is a private
institution exempt
from
regulation under Chapter 3332. of the
Revised Code as
prescribed
in section 3333.046 of the Revised
Code. Students who
attend an
institution that holds a certificate
of registration
shall be
enrolled in a program leading to an
associate or
bachelor's
degree
for which associate or bachelor's
degree program
the
institution
has program authorization issued
under section
3332.05 of the
Revised Code.
(ii) A technical education program of at least two years
duration sponsored by a private institution of higher education
in
this state that meets the requirements of Title VI of the
Civil
Rights Act of 1964.
(c) Enrolled as a full-time student or enrolled as a less
than full-time student for the term expected to be the
student's
final term
of enrollment and is enrolled for the number of credit
hours
necessary to complete the requirements of the program in
which
the student is enrolled.
(2)
"Gross income" includes all taxable and nontaxable
income
of the parents, the student, and the student's spouse,
except
income derived from an Ohio academic scholarship,
income
earned by
the student between the last day of the spring
term and
the first
day of the fall term,
and other income exclusions
designated by
the board. Gross income
may be verified to the
board by the
institution in which the student is
enrolled using
the federal
financial aid eligibility verification
process
or by
other means
satisfactory to the board.
(3)
"Resident,"
"full-time student,"
"dependent,"
"financially independent," and
"accredited" shall be defined by
rules adopted by the board.
(B) The Ohio board of regents shall establish and
administer
an instructional grant program and may adopt rules to
carry out
this section. The general assembly shall support the
instructional grant program by such sums and in such manner as it
may provide, but the board may also receive funds from other
sources to support the program. If the amounts available for
support of the program are inadequate to provide grants to all
eligible students, preference in the payment of grants shall be
given in terms of income, beginning with the lowest income
category of gross income and proceeding upward by category to the
highest gross income category.
An instructional grant shall be paid to an eligible student
through the institution in which the student is enrolled,
except
that no
instructional grant shall be paid to any person serving a
term of
imprisonment. Applications for
such grants shall be made
as prescribed by the board, and
such applications may be made in
conjunction with and upon the
basis of information provided in
conjunction with student
assistance programs funded by agencies of
the United States
government or from financial resources of the
institution of
higher education. The institution shall certify
that the student
applicant meets the requirements set forth in
divisions (A)(1)(b)
and (c) of this section. Instructional grants
shall be provided
to an eligible student only as long as the
student is making
appropriate progress toward a nursing diploma or
an associate or
bachelor's degree. No
student shall be eligible
to receive a grant for more than ten
semesters, fifteen quarters,
or the equivalent of five academic
years. A grant made to an
eligible student on the basis of less
than full-time enrollment
shall be based on the number of credit
hours for which the student
is enrolled and shall be computed in
accordance with a formula
adopted by the board. No student
shall receive more than one
grant on the basis of less than
full-time enrollment.
An instructional grant shall not exceed the total
instructional and general charges of the institution.
(C) The tables in this division prescribe the maximum grant
amounts covering two semesters, three quarters, or a comparable
portion of one academic year. Grant amounts for additional
terms
in the same academic year shall be determined under
division (D)
of this section.
For a full-time student who is a dependent and
enrolled in a
nonprofit educational institution that is not a
state-assisted
institution and that has a certificate of
authorization issued
pursuant to Chapter 1713. of the Revised
Code, the amount of the
instructional grant for
two semesters, three quarters, or a
comparable portion of
the academic year
shall be determined in
accordance with the following table:
Private InstitutionTable of Grants
|
Maximum Grant $5,466 |
Gross Income |
Number of Dependents |
$0 - $15,000 |
|
$5,466 |
|
$5,466 |
|
$5,466 |
|
$5,466 |
|
$5,466 |
$15,001 - $16,000 |
|
4,920 |
|
5,466 |
|
5,466 |
|
5,466 |
|
5,466 |
$16,001 - $17,000 |
|
4,362 |
|
4,920 |
|
5,466 |
|
5,466 |
|
5,466 |
$17,001 - $18,000 |
|
3,828 |
|
4,362 |
|
4,920 |
|
5,466 |
|
5,466 |
$18,001 - $19,000 |
|
3,288 |
|
3,828 |
|
4,362 |
|
4,920 |
|
5,466 |
$19,001 - $22,000 |
|
2,736 |
|
3,288 |
|
3,828 |
|
4,362 |
|
4,920 |
$22,001 - $25,000 |
|
2,178 |
|
2,736 |
|
3,288 |
|
3,828 |
|
4,362 |
$25,001 - $28,000 |
|
1,626 |
|
2,178 |
|
2,736 |
|
3,288 |
|
3,828 |
$28,001 - $31,000 |
|
1,344 |
|
1,626 |
|
2,178 |
|
2,736 |
|
3,288 |
$31,001 - $32,000 |
|
1,080 |
|
1,344 |
|
1,626 |
|
2,178 |
|
2,736 |
$32,001 - $33,000 |
|
984 |
|
1,080 |
|
1,344 |
|
1,626 |
|
2,178 |
$33,001 - $34,000 |
|
888 |
|
984 |
|
1,080 |
|
1,344 |
|
1,626 |
$34,001 - $35,000 |
|
444 |
|
888 |
|
984 |
|
1,080 |
|
1,344 |
$35,001 - $36,000 |
|
-- |
|
444 |
|
888 |
|
984 |
|
1,080 |
$36,001 - $37,000 |
|
-- |
|
-- |
|
444 |
|
888 |
|
984 |
$37,001 - $38,000 |
|
-- |
|
-- |
|
-- |
|
444 |
|
888 |
$38,001 - $39,000 |
|
-- |
|
-- |
|
-- |
|
-- |
|
444 |
For a full-time student who is financially independent and
enrolled in a nonprofit educational institution that is not a
state-assisted institution and that has a certificate of
authorization issued pursuant to Chapter 1713. of the Revised
Code, the amount of the instructional grant for
two semesters,
three quarters, or a comparable portion of
the academic year
shall
be determined in accordance with the following table:
Private InstitutionTable of Grants
|
Maximum Grant $5,466 |
Gross Income |
Number of Dependents |
$0 - $4,800 |
$5,466 |
|
$5,466 |
|
$5,466 |
$5,466 |
$5,466 |
|
$5,466 |
$4,801 - $5,300 |
4,920 |
|
5,466 |
|
5,466 |
5,466 |
5,466 |
|
5,466 |
$5,301 - $5,800 |
4,362 |
|
5,196 |
|
5,466 |
5,466 |
5,466 |
|
5,466 |
$5,801 - $6,300 |
3,828 |
|
4,914 |
|
5,196 |
5,466 |
5,466 |
|
5,466 |
$6,301 - $6,800 |
3,288 |
|
4,650 |
|
4,914 |
5,196 |
5,466 |
|
5,466 |
$6,801 - $7,300 |
2,736 |
|
4,380 |
|
4,650 |
4,914 |
5,196 |
|
5,466 |
$7,301 - $8,300 |
2,178 |
|
4,104 |
|
4,380 |
4,650 |
4,914 |
|
5,196 |
$8,301 - $9,300 |
1,626 |
|
3,822 |
|
4,104 |
4,380 |
4,650 |
|
4,914 |
$9,301 - $10,300 |
1,344 |
|
3,546 |
|
3,822 |
4,104 |
4,380 |
|
4,650 |
$10,301 - $11,800 |
1,080 |
|
3,408 |
|
3,546 |
3,822 |
4,104 |
|
4,380 |
$11,801 - $13,300 |
984 |
|
3,276 |
|
3,408 |
3,546 |
3,822 |
|
4,104 |
$13,301 - $14,800 |
888 |
|
3,228 |
|
3,276 |
3,408 |
3,546 |
|
3,822 |
$14,801 - $16,300 |
444 |
|
2,904 |
|
3,228 |
3,276 |
3,408 |
|
3,546 |
$16,301 - $19,300 |
-- |
|
2,136 |
|
2,628 |
2,952 |
3,276 |
|
3,408 |
$19,301 - $22,300 |
-- |
|
1,368 |
|
1,866 |
2,358 |
2,676 |
|
3,000 |
$22,301 - $25,300 |
-- |
|
1,092 |
|
1,368 |
1,866 |
2,358 |
|
2,676 |
$25,301 - $30,300 |
-- |
|
816 |
|
1,092 |
1,368 |
1,866 |
|
2,358 |
$30,301 - $35,300 |
-- |
|
492 |
|
540 |
672 |
816 |
|
1,314 |
For a full-time student who is a dependent and enrolled in
an
educational institution that holds a certificate of
registration
from the state board of
career
colleges and schools
or a
private institution exempt from
regulation under Chapter 3332. of
the Revised Code as prescribed
in section 3333.046 of the Revised
Code, the
amount of the
instructional grant for
two semesters,
three
quarters, or a
comparable portion of
the academic year shall
be
determined in
accordance with the
following table:
Career InstitutionTable of Grants
|
Maximum Grant $4,632 |
Gross Income |
Number of Dependents |
$0 - $15,000 |
|
$4,632 |
|
$4,632 |
|
$4,632 |
|
$4,632 |
|
$4,632 |
$15,001 - $16,000 |
|
4,182 |
|
4,632 |
|
4,632 |
|
4,632 |
|
4,632 |
$16,001 - $17,000 |
|
3,684 |
|
4,182 |
|
4,632 |
|
4,632 |
|
4,632 |
$17,001 - $18,000 |
|
3,222 |
|
3,684 |
|
4,182 |
|
4,632 |
|
4,632 |
$18,001 - $19,000 |
|
2,790 |
|
3,222 |
|
3,684 |
|
4,182 |
|
4,632 |
$19,001 - $22,000 |
|
2,292 |
|
2,790 |
|
3,222 |
|
3,684 |
|
4,182 |
$22,001 - $25,000 |
|
1,854 |
|
2,292 |
|
2,790 |
|
3,222 |
|
3,684 |
$25,001 - $28,000 |
|
1,416 |
|
1,854 |
|
2,292 |
|
2,790 |
|
3,222 |
$28,001 - $31,000 |
|
1,134 |
|
1,416 |
|
1,854 |
|
2,292 |
|
2,790 |
$31,001 - $32,000 |
|
906 |
|
1,134 |
|
1,416 |
|
1,854 |
|
2,292 |
$32,001 - $33,000 |
|
852 |
|
906 |
|
1,134 |
|
1,416 |
|
1,854 |
$33,001 - $34,000 |
|
750 |
|
852 |
|
906 |
|
1,134 |
|
1,416 |
$34,001 - $35,000 |
|
372 |
|
750 |
|
852 |
|
906 |
|
1,134 |
$35,001 - $36,000 |
|
-- |
|
372 |
|
750 |
|
852 |
|
906 |
$36,001 - $37,000 |
|
-- |
|
-- |
|
372 |
|
750 |
|
852 |
$37,001 - $38,000 |
|
-- |
|
-- |
|
-- |
|
372 |
|
750 |
$38,001 - $39,000 |
|
-- |
|
-- |
|
-- |
|
-- |
|
372 |
For a full-time student who is financially independent and
enrolled in an educational institution that holds a certificate
of
registration from the state board of
career colleges and schools
or a private institution
exempt from regulation under
Chapter 3332. of the Revised Code as
prescribed in section
3333.046 of the Revised Code, the amount of
the instructional
grant for
two
semesters, three quarters, or a
comparable portion
of
the academic
year shall be determined in
accordance with the
following table:
Career InstitutionTable of Grants
|
Maximum Grant $4,632 |
Gross Income |
Number of Dependents |
$0 - $4,800 |
$4,632 |
|
$4,632 |
|
$4,632 |
$4,632 |
$4,632 |
|
$4,632 |
$4,801 - $5,300 |
4,182 |
|
4,632 |
|
4,632 |
4,632 |
4,632 |
|
4,632 |
$5,301 - $5,800 |
3,684 |
|
4,410 |
|
4,632 |
4,632 |
4,632 |
|
4,632 |
$5,801 - $6,300 |
3,222 |
|
4,158 |
|
4,410 |
4,632 |
4,632 |
|
4,632 |
$6,301 - $6,800 |
2,790 |
|
3,930 |
|
4,158 |
4,410 |
4,632 |
|
4,632 |
$6,801 - $7,300 |
2,292 |
|
3,714 |
|
3,930 |
4,158 |
4,410 |
|
4,632 |
$7,301 - $8,300 |
1,854 |
|
3,462 |
|
3,714 |
3,930 |
4,158 |
|
4,410 |
$8,301 - $9,300 |
1,416 |
|
3,246 |
|
3,462 |
3,714 |
3,930 |
|
4,158 |
$9,301 - $10,300 |
1,134 |
|
3,024 |
|
3,246 |
3,462 |
3,714 |
|
3,930 |
$10,301 - $11,800 |
906 |
|
2,886 |
|
3,024 |
3,246 |
3,462 |
|
3,714 |
$11,801 - $13,300 |
852 |
|
2,772 |
|
2,886 |
3,024 |
3,246 |
|
3,462 |
$13,301 - $14,800 |
750 |
|
2,742 |
|
2,772 |
2,886 |
3,024 |
|
3,246 |
$14,801 - $16,300 |
372 |
|
2,466 |
|
2,742 |
2,772 |
2,886 |
|
3,024 |
$16,301 - $19,300 |
-- |
|
1,800 |
|
2,220 |
2,520 |
2,772 |
|
2,886 |
$19,301 - $22,300 |
-- |
|
1,146 |
|
1,584 |
1,986 |
2,268 |
|
2,544 |
$22,301 - $25,300 |
-- |
|
930 |
|
1,146 |
1,584 |
1,986 |
|
2,268 |
$25,301 - $30,300 |
-- |
|
708 |
|
930 |
1,146 |
1,584 |
|
1,986 |
$30,301 - $35,300 |
-- |
|
426 |
|
456 |
570 |
708 |
|
1,116 |
For a full-time student who is a dependent and enrolled in
a
state-assisted educational institution, the amount of the
instructional grant for
two semesters, three quarters, or a
comparable portion of
the academic year shall be determined in
accordance with the following table:
Public InstitutionTable of Grants
|
Maximum Grant $2,190 |
Gross Income |
Number of Dependents |
$0 - $15,000 |
|
$2,190 |
|
$2,190 |
|
$2,190 |
|
$2,190 |
|
$2,190 |
$15,001 - $16,000 |
|
1,974 |
|
2,190 |
|
2,190 |
|
2,190 |
|
2,190 |
$16,001 - $17,000 |
|
1,740 |
|
1,974 |
|
2,190 |
|
2,190 |
|
2,190 |
$17,001 - $18,000 |
|
1,542 |
|
1,740 |
|
1,974 |
|
2,190 |
|
2,190 |
$18,001 - $19,000 |
|
1,320 |
|
1,542 |
|
1,740 |
|
1,974 |
|
2,190 |
$19,001 - $22,000 |
|
1,080 |
|
1,320 |
|
1,542 |
|
1,740 |
|
1,974 |
$22,001 - $25,000 |
|
864 |
|
1,080 |
|
1,320 |
|
1,542 |
|
1,740 |
$25,001 - $28,000 |
|
648 |
|
864 |
|
1,080 |
|
1,320 |
|
1,542 |
$28,001 - $31,000 |
|
522 |
|
648 |
|
864 |
|
1,080 |
|
1,320 |
$31,001 - $32,000 |
|
420 |
|
522 |
|
648 |
|
864 |
|
1,080 |
$32,001 - $33,000 |
|
384 |
|
420 |
|
522 |
|
648 |
|
864 |
$33,001 - $34,000 |
|
354 |
|
384 |
|
420 |
|
522 |
|
648 |
$34,001 - $35,000 |
|
174 |
|
354 |
|
384 |
|
420 |
|
522 |
$35,001 - $36,000 |
|
-- |
|
174 |
|
354 |
|
384 |
|
420 |
$36,001 - $37,000 |
|
-- |
|
-- |
|
174 |
|
354 |
|
384 |
$37,001 - $38,000 |
|
-- |
|
-- |
|
-- |
|
174 |
|
354 |
$38,001 - $39,000 |
|
-- |
|
-- |
|
-- |
|
-- |
|
174 |
For a full-time student who is financially independent and
enrolled in a state-assisted educational institution, the amount
of the instructional grant for
two semesters, three quarters, or a
comparable portion of
the academic year shall be
determined in
accordance with the following table:
Public InstitutionTable of Grants
|
Maximum Grant $2,190 |
Gross Income |
Number of Dependents |
$0 - $4,800 |
|
$2,190 |
|
$2,190 |
|
$2,190 |
$2,190 |
$2,190 |
|
$2,190 |
$4,801 - $5,300 |
|
1,974 |
|
2,190 |
|
2,190 |
2,190 |
2,190 |
|
2,190 |
$5,301 - $5,800 |
|
1,740 |
|
2,082 |
|
2,190 |
2,190 |
2,190 |
|
2,190 |
$5,801 - $6,300 |
|
1,542 |
|
1,968 |
|
2,082 |
2,190 |
2,190 |
|
2,190 |
$6,301 - $6,800 |
|
1,320 |
|
1,866 |
|
1,968 |
2,082 |
2,190 |
|
2,190 |
$6,801 - $7,300 |
|
1,080 |
|
1,758 |
|
1,866 |
1,968 |
2,082 |
|
2,190 |
$7,301 - $8,300 |
|
864 |
|
1,638 |
|
1,758 |
1,866 |
1,968 |
|
2,082 |
$8,301 - $9,300 |
|
648 |
|
1,530 |
|
1,638 |
1,758 |
1,866 |
|
1,968 |
$9,301 - $10,300 |
|
522 |
|
1,422 |
|
1,530 |
1,638 |
1,758 |
|
1,866 |
$10,301 - $11,800 |
|
420 |
|
1,356 |
|
1,422 |
1,530 |
1,638 |
|
1,758 |
$11,801 - $13,300 |
|
384 |
|
1,308 |
|
1,356 |
1,422 |
1,530 |
|
1,638 |
$13,301 - $14,800 |
|
354 |
|
1,290 |
|
1,308 |
1,356 |
1,422 |
|
1,530 |
$14,801 - $16,300 |
|
174 |
|
1,164 |
|
1,290 |
1,308 |
1,356 |
|
1,422 |
$16,301 - $19,300 |
|
-- |
|
858 |
|
1,050 |
1,182 |
1,308 |
|
1,356 |
$19,301 - $22,300 |
|
-- |
|
540 |
|
750 |
948 |
1,062 |
|
1,200 |
$22,301 - $25,300 |
|
-- |
|
432 |
|
540 |
750 |
948 |
|
1,062 |
$25,301 - $30,300 |
|
-- |
|
324 |
|
432 |
540 |
750 |
|
948 |
$30,301 - $35,300 |
|
-- |
|
192 |
|
210 |
264 |
324 |
|
522 |
(D) For a full-time student enrolled in an eligible
institution for a semester or quarter in addition to the portion
of the
academic year covered by a grant determined under division
(C) of this section, the
maximum grant amount shall be a
percentage of the maximum
prescribed in the applicable table of
that division. The
maximum grant for a fourth quarter shall be
one-third of the
maximum amount prescribed under that division.
The maximum
grant for a third semester shall be one-half of the
maximum
amount prescribed under that division.
(E) No grant shall be made to any student in a course of
study in theology, religion, or other field of preparation for a
religious profession unless such course of study leads to an
accredited bachelor of arts, bachelor of science, associate of
arts, or associate of science degree.
(F)(1) Except as provided in division (F)(2) of this
section, no grant shall be made to any student for enrollment
during a fiscal year in an institution with a
cohort default rate
determined by the United
States secretary of education
pursuant to
the
"Higher Education
Amendments of 1986," 100
Stat. 1278, 1408,
20
U.S.C.A. 1085, as amended, as of
the fifteenth day of June
preceding the fiscal year,
equal to or greater than thirty per
cent for each of the preceding two
fiscal years.
(2) Division (F)(1) of this section does not apply to the
following:
(a) Any student enrolled in an institution that under the
federal law appeals its loss of eligibility for federal financial
aid and the United States secretary of education determines its
cohort default rate after recalculation is lower than the rate
specified
in division (F)(1) of this section or the secretary
determines due to mitigating circumstances the institution may
continue to
participate in federal financial aid programs. The
board
shall adopt rules requiring institutions to provide
information
regarding an appeal to the board.
(b) Any student who has previously received a grant under
this section who meets all other requirements of this section.
(3) The board shall adopt rules for the notification
of all
institutions whose students will be ineligible to
participate in
the grant program pursuant to division
(F)(1) of this section.
(4) A student's attendance at an institution whose
students
lose eligibility for grants under division (F)(1)
of this section
shall not affect that student's eligibility to
receive a grant
when enrolled in another institution.
(G) Institutions of higher education that enroll students
receiving instructional grants under this section shall report to
the board all students who have received instructional
grants but
are no longer eligible for all or part of such grants
and shall
refund any moneys due the state within thirty days
after the
beginning of the quarter or term immediately following
the quarter
or term in which the student was no longer eligible
to receive all
or part of the student's grant. There shall
be an interest
charge
of one per cent per month on all moneys due and payable
after such
thirty-day period. The board shall immediately
notify the office
of budget and management and
the
legislative service commission
of all
refunds so received.
Sec. 3333.121. There is hereby established in the state treasury the instructional grant state need-based financial aid reconciliation fund, which shall consist of refunds of instructional grant payments made pursuant to section 3333.12 of the Revised Code and refunds of state need-based financial aid payments made pursuant to section 3333.122 of the Revised Code. Revenues credited to the fund shall be used by the Ohio board of regents to pay to higher education institutions any outstanding obligations from the prior year owed for the Ohio instructional grant program and the Ohio college opportunity grant program that are identified through the annual reconciliation and financial audit. Any amount in the fund that is in excess of the amount certified to the director of budget and management by the board of regents as necessary to reconcile prior year payments under the program shall be transferred to the general revenue fund.
Sec. 3333.122. (A) As used in this section:
(1)
"Eligible student" means a student who
is:
(a) An Ohio resident who first enrolls in an undergraduate program in the 2006-2007 academic year or thereafter;
(b) Enrolled in either of the following:
(i) An accredited institution of higher education in this
state that meets the requirements of Title VI of the Civil Rights
Act of 1964 and is state-assisted, is nonprofit and has a
certificate of authorization from the Ohio board of regents
pursuant to Chapter 1713. of the Revised Code,
has a
certificate
of registration from the state board of
career colleges and schools and program authorization
to award an
associate or
bachelor's degree, or is a private
institution exempt
from
regulation under Chapter 3332. of the
Revised Code as
prescribed
in section 3333.046 of the Revised
Code. Students who
attend an
institution that holds a certificate
of registration
shall be
enrolled in a program leading to an
associate or
bachelor's
degree
for which associate or bachelor's
degree program
the
institution
has program authorization issued
under section
3332.05 of the
Revised Code.
(ii) A technical education program of at least two years
duration sponsored by a private institution of higher education
in
this state that meets the requirements of Title VI of the
Civil
Rights Act of 1964.
(2) A student who participated in either the early college high school program administered by the department of education or in the post-secondary enrollment options program pursuant to Chapter 3365. of the Revised Code before the 2006-2007 academic year shall not be excluded from eligibility for a need based grant under this section.
(3)
"Resident," "expected family contribution" or "EFC," "full-time student," "three-quarters-time student," "half-time student," "one-quarter-time student," and
"accredited" shall be defined by
rules adopted by the board.
(B) The Ohio board of regents shall establish and
administer
a needs-based financial aid program based on the United States department of education's method of determining financial need and may adopt rules to
carry out
this section. The program shall be known as the Ohio college opportunity grant program. The general assembly shall support the
needs-based financial aid program by such sums and in such manner as it
may provide, but the board may also receive funds from other
sources to support the program. If the amounts available for
support of the program are inadequate to provide grants to all
eligible students, preference in the payment of grants shall be
given in terms of expected family contribution, beginning with the lowest expected family contribution
category and proceeding upward by category to the
highest expected family contribution category.
A needs-based financial aid grant shall be paid to an eligible student
through the institution in which the student is enrolled,
except
that no
needs-based financial aid grant shall be paid to any person serving a
term of
imprisonment. Applications for
such grants shall be made
as prescribed by the board, and
such applications may be made in
conjunction with and upon the
basis of information provided in
conjunction with student
assistance programs funded by agencies of
the United States
government or from financial resources of the
institution of
higher education. The institution shall certify
that the student
applicant meets the requirements set forth in
divisions (A)(1)(a) and (b)
of this section. Needs-based financial aid grants
shall be provided
to an eligible student only as long as the
student is making
appropriate progress toward a nursing diploma or
an associate or
bachelor's degree. No
student shall be eligible
to receive a grant for more than ten
semesters, fifteen quarters,
or the equivalent of five academic
years. A grant made to an
eligible student on the basis of less
than full-time enrollment
shall be based on the number of credit
hours for which the student
is enrolled and shall be computed in
accordance with a formula
adopted by the board. No student
shall receive more than one
grant on the basis of less than
full-time enrollment.
A needs-based financial aid grant shall not exceed the total
instructional and general charges of the institution.
(C) The tables in this division prescribe the maximum grant
amounts covering two semesters, three quarters, or a comparable
portion of one academic year. Grant amounts for additional
terms
in the same academic year shall be determined under
division (D)
of this section.
As used in the tables in division (C) of this section:
(1) "Private institution" means an institution that is nonprofit and has a certificate of authorization from the Ohio board of regents pursuant to Chapter 1713. of the Revised Code.
(2) "Career college" means either an institution that holds a certificate of registration from the state board of career colleges and schools or a private institution exempt from regulation under Chapter 3332. of the Revised Code as prescribed in section 3333.046 of the Revised Code.
Full-time students shall be eligible to receive awards according to the following table:
Full-Time Enrollment
|
If the EFC is equal to or greater than: |
|
And if the EFC is no more than: |
|
If the student attends a public institution, the annual award shall be: |
|
If the student attends a private institution, the annual award shall be: |
|
If the student attends a career college, the annual award shall be: |
|
$2,101 |
|
$2,190 |
|
$300 |
|
$600 |
|
$480 |
|
2,001 |
|
2,100 |
|
402 |
|
798 |
|
642 |
|
1,901 |
|
2,000 |
|
498 |
|
1,002 |
|
798 |
|
1,801 |
|
1,900 |
|
600 |
|
1,200 |
|
960 |
|
1,701 |
|
1,800 |
|
702 |
|
1,398 |
|
1,122 |
|
1,601 |
|
1,700 |
|
798 |
|
1,602 |
|
1,278 |
|
1,501 |
|
1,600 |
|
900 |
|
1,800 |
|
1,440 |
|
1,401 |
|
1,500 |
|
1,002 |
|
1,998 |
|
1,602 |
|
1,301 |
|
1,400 |
|
1,098 |
|
2,202 |
|
1,758 |
|
1,201 |
|
1,300 |
|
1,200 |
|
2,400 |
|
1,920 |
|
1,101 |
|
1,200 |
|
1,302 |
|
2,598 |
|
2,082 |
|
1,001 |
|
1,100 |
|
1,398 |
|
2,802 |
|
2,238 |
|
901 |
|
1,000 |
|
1,500 |
|
3,000 |
|
2,400 |
|
801 |
|
900 |
|
1,602 |
|
3,198 |
|
2,562 |
|
701 |
|
800 |
|
1,698 |
|
3,402 |
|
2,718 |
|
601 |
|
700 |
|
1,800 |
|
3,600 |
|
2,280 |
|
501 |
|
600 |
|
1,902 |
|
3,798 |
|
3,042 |
|
401 |
|
500 |
|
1,998 |
|
4,002 |
|
3,198 |
|
301 |
|
400 |
|
2,100 |
|
4,200 |
|
3,360 |
|
201 |
|
300 |
|
2,202 |
|
4,398 |
|
3,522 |
|
101 |
|
200 |
|
2,298 |
|
4,602 |
|
3,678 |
|
1 |
|
100 |
|
2,400 |
|
4,800 |
|
3,840 |
|
0 |
|
0 |
|
2,496 |
|
4,992 |
|
3,996 |
Three-quarters-time students shall be eligible to receive awards according to the following table:
Three-Quarters-Time Enrollment
|
If the EFC is equal to or greater than: |
|
And the EFC is no more than: |
|
If the student attends a public institution, the annual award shall be: |
|
If the student attends a private institution, the annual award shall be: |
|
If the student attends a career college, the annual award shall be: |
|
$2,101 |
|
$2,190 |
|
$228 |
|
$450 |
|
$360 |
|
2,001 |
|
2,100 |
|
300 |
|
600 |
|
480 |
|
1,901 |
|
2,000 |
|
372 |
|
750 |
|
600 |
|
1,801 |
|
1,900 |
|
450 |
|
900 |
|
720 |
|
1,701 |
|
1,800 |
|
528 |
|
1,050 |
|
840 |
|
1,601 |
|
1,700 |
|
600 |
|
1,200 |
|
960 |
|
1,501 |
|
1,600 |
|
678 |
|
1,350 |
|
1,080 |
|
1,401 |
|
1,500 |
|
750 |
|
1,500 |
|
1,200 |
|
1,301 |
|
1,400 |
|
822 |
|
1,650 |
|
1,320 |
|
1,201 |
|
1,300 |
|
900 |
|
1,800 |
|
1,440 |
|
1,101 |
|
1,200 |
|
978 |
|
1,950 |
|
1,560 |
|
1,001 |
|
1,100 |
|
1,050 |
|
2,100 |
|
1,680 |
|
901 |
|
1,000 |
|
1,128 |
|
2,250 |
|
1,800 |
|
801 |
|
900 |
|
1,200 |
|
2,400 |
|
1,920 |
|
701 |
|
800 |
|
1,272 |
|
2,550 |
|
2,040 |
|
601 |
|
700 |
|
1,350 |
|
2,700 |
|
2,160 |
|
501 |
|
600 |
|
1,428 |
|
2,850 |
|
2,280 |
|
401 |
|
500 |
|
1,500 |
|
3,000 |
|
2,400 |
|
301 |
|
400 |
|
1,578 |
|
3,150 |
|
2,520 |
|
201 |
|
300 |
|
1,650 |
|
3,300 |
|
2,640 |
|
101 |
|
200 |
|
1,722 |
|
3,450 |
|
2,760 |
|
1 |
|
100 |
|
1,800 |
|
3,600 |
|
2,880 |
|
0 |
|
0 |
|
1,872 |
|
3,744 |
|
3,000 |
Half-time students shall be eligible to receive awards according to the following table:
Half-Time Enrollment
|
If the EFC is equal to or greater than: |
|
And if the EFC is no more than: |
|
If the student attends a public institution, the annual award shall be: |
|
If the student attends a private institution, the annual award shall be: |
|
If the student attends a career college, the annual award shall be: |
|
$2,101 |
|
$2,190 |
|
$150 |
|
$300 |
|
$240 |
|
2,001 |
|
2,100 |
|
204 |
|
402 |
|
324 |
|
1,901 |
|
2,000 |
|
252 |
|
504 |
|
402 |
|
1,801 |
|
1,900 |
|
300 |
|
600 |
|
480 |
|
1,701 |
|
1,800 |
|
354 |
|
702 |
|
564 |
|
1,601 |
|
1,700 |
|
402 |
|
804 |
|
642 |
|
1,501 |
|
1,600 |
|
450 |
|
900 |
|
720 |
|
1,401 |
|
1,500 |
|
504 |
|
1,002 |
|
804 |
|
1,301 |
|
1,400 |
|
552 |
|
1,104 |
|
882 |
|
1,201 |
|
1,300 |
|
600 |
|
1,200 |
|
960 |
|
1,101 |
|
1,200 |
|
654 |
|
1,302 |
|
1,044 |
|
1,001 |
|
1,100 |
|
702 |
|
1,404 |
|
1,122 |
|
901 |
|
1,000 |
|
750 |
|
1,500 |
|
1,200 |
|
801 |
|
900 |
|
804 |
|
1,602 |
|
1,284 |
|
701 |
|
800 |
|
852 |
|
1,704 |
|
1,362 |
|
601 |
|
700 |
|
900 |
|
1,800 |
|
1,440 |
|
501 |
|
600 |
|
954 |
|
1,902 |
|
1,524 |
|
401 |
|
500 |
|
1,002 |
|
2,004 |
|
1,602 |
|
301 |
|
400 |
|
1,050 |
|
2,100 |
|
1,680 |
|
201 |
|
300 |
|
1,104 |
|
2,202 |
|
1,764 |
|
101 |
|
200 |
|
1,152 |
|
2,304 |
|
1,842 |
|
1 |
|
100 |
|
1,200 |
|
2,400 |
|
1,920 |
|
0 |
|
0 |
|
1,248 |
|
2,496 |
|
1,998 |
One-quarter-time students shall be eligible to receive awards according to the following table:
One-Quarter-Time Enrollment
|
If the EFC is equal to or greater than: |
|
And if the EFC is no more than: |
|
If the student attends a public institution, the annual award shall be: |
|
If the student attends a private institution, the annual award shall be: |
|
If the student attends a career college, the annual award shall be: |
|
$2,101 |
|
$2,190 |
|
$78 |
|
$150 |
|
$120 |
|
2,001 |
|
2,100 |
|
102 |
|
198 |
|
162 |
|
1,901 |
|
2,000 |
|
126 |
|
252 |
|
198 |
|
1,801 |
|
1,900 |
|
150 |
|
300 |
|
240 |
|
1,701 |
|
1,800 |
|
174 |
|
348 |
|
282 |
|
1,601 |
|
1,700 |
|
198 |
|
402 |
|
318 |
|
1,501 |
|
1,600 |
|
228 |
|
450 |
|
360 |
|
1,401 |
|
1,500 |
|
252 |
|
498 |
|
402 |
|
1,301 |
|
1,400 |
|
276 |
|
552 |
|
438 |
|
1,201 |
|
1,300 |
|
300 |
|
600 |
|
480 |
|
1,101 |
|
1,200 |
|
324 |
|
648 |
|
522 |
|
1,001 |
|
1,100 |
|
348 |
|
702 |
|
558 |
|
901 |
|
1,000 |
|
378 |
|
750 |
|
600 |
|
801 |
|
900 |
|
402 |
|
798 |
|
642 |
|
701 |
|
800 |
|
426 |
|
852 |
|
678 |
|
601 |
|
700 |
|
450 |
|
900 |
|
720 |
|
501 |
|
600 |
|
474 |
|
948 |
|
762 |
|
401 |
|
500 |
|
498 |
|
1,002 |
|
798 |
|
301 |
|
400 |
|
528 |
|
1,050 |
|
840 |
|
201 |
|
300 |
|
552 |
|
1,098 |
|
882 |
|
101 |
|
200 |
|
576 |
|
1,152 |
|
918 |
|
1 |
|
100 |
|
600 |
|
1,200 |
|
960 |
|
0 |
|
0 |
|
624 |
|
1,248 |
|
1,002 |
(D) For a full-time student enrolled in an eligible
institution for a semester or quarter in addition to the portion
of the
academic year covered by a grant determined under division
(C) of this section, the
maximum grant amount shall be a
percentage of the maximum
prescribed in the applicable table of
that division. The
maximum grant for a fourth quarter shall be
one-third of the
maximum amount prescribed under that division.
The maximum
grant for a third semester shall be one-half of the
maximum
amount prescribed under that division.
(E) No grant shall be made to any student in a course of
study in theology, religion, or other field of preparation for a
religious profession unless such course of study leads to an
accredited bachelor of arts, bachelor of science, associate of
arts, or associate of science degree.
(F)(1) Except as provided in division (F)(2) of this
section, no grant shall be made to any student for enrollment
during a fiscal year in an institution with a
cohort default rate
determined by the United
States secretary of education
pursuant to
the
"Higher Education
Amendments of 1986," 100
Stat. 1278, 1408,
20
U.S.C.A. 1085, as amended, as of
the fifteenth day of June
preceding the fiscal year,
equal to or greater than thirty per
cent for each of the preceding two
fiscal years.
(2) Division (F)(1) of this section does not apply to the
following:
(a) Any student enrolled in an institution that under the
federal law appeals its loss of eligibility for federal financial
aid and the United States secretary of education determines its
cohort default rate after recalculation is lower than the rate
specified
in division (F)(1) of this section or the secretary
determines due to mitigating circumstances the institution may
continue to
participate in federal financial aid programs. The
board
shall adopt rules requiring institutions to provide
information
regarding an appeal to the board.
(b) Any student who has previously received a grant under
this section who meets all other requirements of this section.
(3) The board shall adopt rules for the notification
of all
institutions whose students will be ineligible to
participate in
the grant program pursuant to division
(F)(1) of this section.
(4) A student's attendance at an institution whose
students
lose eligibility for grants under division (F)(1)
of this section
shall not affect that student's eligibility to
receive a grant
when enrolled in another institution.
(G) Institutions of higher education that enroll students
receiving needs-based financial aid grants under this section shall report to
the board all students who have received needs-based financial aid
grants but
are no longer eligible for all or part of such grants
and shall
refund any moneys due the state within thirty days
after the
beginning of the quarter or term immediately following
the quarter
or term in which the student was no longer eligible
to receive all
or part of the student's grant. There shall
be an interest
charge
of one per cent per month on all moneys due and payable
after such
thirty-day period. The board shall immediately
notify the office
of budget and management and
the
legislative service commission
of all
refunds so received.
Sec. 3333.123. (A) As used in this section:
(1) "The Ohio college opportunity grant program" means the program established under section 3333.122 of the Revised Code.
(2) "Rules for the Ohio college opportunity grant program" means the rules authorized in division (S) of section 3333.04 of the Revised Code for the implementation of the program.
(B) In adopting rules for the Ohio college opportunity grant program, the Ohio board of regents may include provisions that give preferential or priority funding to low-income students who in their primary and secondary school work participate in or complete rigorous academic coursework, attain passing scores on the tests prescribed in section 3301.0710 of the Revised Code, or meet other high academic performance standards determined by the board to reduce the need for remediation and ensure academic success at the postsecondary education level. Any such rules shall include a specification of procedures needed to certify student achievement of primary and secondary standards as well as the timeline for implementation of the provisions authorized by this section.
Sec. 3333.162. (A) As used in this section, "state institution of higher education" means an institution of higher education as defined in section 3345.12 of the Revised Code.
(B) By April 15, 2007, the Ohio board of regents, in consultation with the department of education, public adult and secondary career-technical education institutions, and state institutions of higher education, shall establish criteria, policies, and procedures that enable students to transfer agreed upon technical courses completed through an adult career-technical education institution, a public secondary career-technical institution, or a state institution of higher education to a state institution of higher education without unnecessary duplication or institutional barriers. The courses to which the criteria, policies, and procedures apply shall be those that adhere to recognized industry standards and equivalent coursework common to the secondary career pathway and adult career-technical education system and regionally accredited state institutions of higher education. Where applicable, the policies and procedures shall build upon the articulation agreement and transfer initiative course equivalency system required by section 3333.16 of the Revised Code.
(C) By April 15, 2006, the board shall report to the general assembly on its progress in establishing these policies and procedures.
Sec. 3333.27. As used in this section:
(A) "Eligible institution" means a nonprofit Ohio
institution of higher education that holds a certificate of
authorization issued under section 1713.02 of the Revised Code
and
meets the requirements of Title VI of the Civil Rights Act of
1964.
(B) "Resident" and "full-time student" have the meanings
established for purposes of this section by rule of the Ohio
board
of regents.
The board shall establish and administer a student
choice
grant program and shall adopt rules for the administration
of the
program.
The board may make a grant to any resident of this
state who
is enrolled as a full-time student in a bachelor's
degree program
at an eligible institution and maintains an
academic record that
meets or exceeds the standard established
pursuant to this section
by rule of the board, except
that no grant shall be made to any
individual who was enrolled as a
student in an institution of
higher education on or before July
1, 1984, or is serving a term
of imprisonment. The grant shall
not exceed the lesser of the
total
instructional and general charges of the institution in
which the
student is enrolled, or an amount equal to one-fourth of
the
total of any state instructional subsidy amount distributed by
the board in the second fiscal year of the
preceding biennium for
all full-time students enrolled in
bachelor's degree programs at
four-year state-assisted
institutions of higher education divided
by the sum of the actual
number of full-time students enrolled in
bachelor's degree
programs at four-year state-assisted
institutions of higher
education reported to the board for such
year by the institutions
to which the subsidy was distributed.
The board shall prescribe the form and manner of
application
for grants including the manner of certification by
eligible
institutions that each applicant from such institution
is enrolled
in a bachelor's degree program as a full-time student
and has an
academic record that meets or exceeds the standard
established by
the board.
A grant awarded to an eligible student shall be paid to the
institution in which the student is enrolled, and the institution
shall reduce the student's instructional and general charges by
the amount of the grant. Each grant awarded shall be prorated
and
paid in equal installments at the time of enrollment for each
term
of the academic year for which the grant is awarded. No
student
shall be eligible to receive a grant for more than ten
semesters,
fifteen quarters, or the equivalent of five academic
years.
The receipt of an Ohio student choice grant shall not
affect
a student's eligibility for assistance, or the amount of
such
assistance, granted under section 3315.33, 3333.12, 3333.122, 3333.22,
3333.26, 5910.03, 5910.032, or 5919.34 of the Revised Code. If a
student receives assistance under one or more of such sections,
the student choice grant made to the student shall not
exceed the
difference between the amount of assistance received under such
sections and the total instructional and general charges of the
institution in which the student is enrolled.
The general assembly shall support the student choice grant
program by such sums and in such manner as it may provide, but
the
board may also receive funds from other sources
to support the
program.
No grant shall be made to any student enrolled in a course
of
study leading to a degree in theology, religion, or other
field of
preparation for a religious profession unless the course of study
leads to an accredited bachelor of arts or bachelor of science
degree.
Institutions of higher education that enroll students
receiving grants under this section shall report to the
board the
name of each student who has received such
a grant but who is no
longer eligible for all or part of such grant and
shall refund all
moneys due to the state within thirty days after
the beginning of
the term immediately following the term in which
the student was
no longer eligible to receive all or part of the
grant. There
shall be an interest charge of one per cent per
month on all
moneys due and payable after such thirty-day period. The
board
shall immediately notify the office of
budget and management and
the legislative budget office of the legislative
service
commission of all refunds received.
Sec. 3333.28. (A) The Ohio board of regents shall establish
the nurse education
assistance program, the purpose of which shall be to make loans to students
enrolled in prelicensure nurse education programs at institutions approved by
the board of
nursing under section 4723.06 of the Revised Code and
postlicensure nurse education programs approved by the board of
regents under section 3333.04 of the Revised Code or offered by
an institution holding a certificate of authorization issued by
the board of regents under Chapter 1713. of the Revised Code. The board of
nursing shall assist the board of
regents in administering the program.
(B) There is hereby created in the state treasury the
nurse education assistance fund, which shall consist of all money
transferred to it pursuant to section 4743.05 of the Revised
Code. The fund shall be used by the board of
regents for loans made under division (A) of this section and for expenses
of
administering the loan program.
(C) The Between July 1, 2005, and January 1, 2012, the board of regents shall distribute money in the nurse education assistance fund in the following manner:
(1)(a) Fifty per cent of available funds shall be awarded as loans to registered nurses enrolled in postlicensure nurse education programs described in division (A) of this section. To be eligible for a loan, the applicant shall provide the board with a letter of intent to practice as a faculty member at a prelicensure or postlicensure program for nursing in this state upon completion of the applicant's academic program.
(b) If the borrower of a loan under division (C)(1)(a) of this section secures employment as a faculty member of an approved nursing education program in this state within six months following graduation from an approved nurse education program, the board may forgive the principal and interest of the student's loans received under division (C)(1)(a) of this section at a rate of twenty-five per cent per year, for a maximum of four years, for each year in which the borrower is so employed. A deferment of the service obligation, and other conditions regarding the forgiveness of loans may be granted as provided by the rules adopted under division (D)(7) of this section.
(c) Loans awarded under division (C)(1)(a) of this section shall be awarded on the basis of the student's expected family contribution, with preference given to those applicants with the lowest expected family contribution. However, the board of regents may consider other factors it determines relevant in ranking the applications.
(d) Each loan awarded to a student under division (C)(1)(a) of this section shall be not less than five thousand dollars per year.
(2) Twenty-five per cent of available funds shall be awarded to students enrolled in prelicensure nurse education programs for registered nurses, as defined in section 4723.01 of the Revised Code.
(3) Twenty-five per cent of available funds shall be awarded to students enrolled in prelicensure professional nurse education programs for licensed practical nurses, as defined in section 4723.01 of the Revised Code.
After January 1, 2012, the board of regents shall determine the manner in which to distribute loans under this section.
(D) Subject to the requirements specified in division (C) of this section, the board of regents shall adopt
rules in accordance with Chapter 119. of the Revised Code establishing:
(1) Eligibility criteria for receipt of a loan;
(2) Loan application procedures;
(3) The amounts in which loans may be made and the total
amount that may be loaned to an individual;
(4) The total amount of loans that can be made each year;
(5) The percentage of the money in the fund that must
remain in the fund at all times as a fund balance;
(6) Interest and principal repayment schedules;
(7) Conditions under which a portion of principal and
interest obligations incurred by an individual under the program
will be forgiven;
(8) Ways that the program may be used to encourage
individuals who are members of minority groups to enter the
nursing profession;
(9) Any other matters incidental to the operation of the
program.
(D)(E) The obligation to repay a portion of the principal and
interest on a loan made under this section shall be forgiven if
the recipient of the loan meets the criteria for forgiveness
established by division (C)(1)(b) of this section, in the case of loans awarded under division (C)(1)(a) of this section, or by the board of regents by
rule adopted under division (C)(D)(7) of this section, in the case of other loans awarded under this section.
(E)(F) The receipt of a loan under this section shall not
affect a student's eligibility for assistance, or the amount of
that assistance, granted under section 3333.12, 3333.122, 3333.22, 3333.26,
3333.27, 5910.03, 5910.032, or 5919.34 of the Revised Code, but
the rules of the board of regents may
provide for taking assistance received under those sections into consideration
when
determining a student's eligibility for a loan under this
section.
Sec. 3333.36. The Provided that sufficient unencumbered and unexpended funds are available from general revenue fund appropriations made to the Ohio board of regents, the chancellor of the Ohio board of regents may shall allocate up to seventy thousand dollars in each fiscal year to make payments to the Columbus program in intergovernmental issues, an Ohio internship program at Kent state university, for scholarships of up to two thousand dollars for each student enrolled in the program. The chancellor may utilize any general revenue funds appropriated to the board of regents that the chancellor determines to be available for purposes of this section.
Sec. 3333.38. (A) As used in this section:
(1) "Institution of higher education" includes all of the following:
(a) A state institution of higher education, as defined in section 3345.011 of the Revised Code;
(b) A nonprofit institution issued a certificate of authorization by the Ohio board of regents under Chapter 1713. of the Revised Code;
(c) A private institution exempt from regulation under Chapter 3332. of the Revised Code, as prescribed in section 3333.046 of the Revised Code;
(d) An institution of higher education with a certificate of registration from the state board of career colleges and schools under Chapter 3332. of the Revised Code.
(2) "Student financial assistance supported by state funds" includes assistance granted under sections 3315.33, 3333.12, 3333.122, 3333.21, 3333.26, 3333.27, 3333.28, 3333.29, 3333.372, 5910.03, 5910.032, and 5919.34 of the Revised Code and any other post-secondary student financial assistance supported by state funds.
(B) An individual who is convicted of, pleads guilty to, or is adjudicated a delinquent child for one of the following violations shall be ineligible to receive any student financial assistance supported by state funds at an institution of higher education for two calendar years from the time the individual applies for assistance of that nature:
(1) A violation of section 2917.02 or 2917.03 of the Revised Code;
(2) A violation of section 2917.04 of the Revised Code that is a misdemeanor of the fourth degree;
(3) A violation of section 2917.13 of the Revised Code that is a misdemeanor of the fourth or first degree and occurs within the proximate area where four or more others are acting in a course of conduct in violation of section 2917.11 of the Revised Code.
(C) If an individual is convicted of, pleads guilty to, or is adjudicated a delinquent child for committing a violation of section 2917.02 or 2917.03 of the Revised Code, and if the individual is enrolled in a state-supported institution of higher education, the institution in which the individual is enrolled shall immediately dismiss the individual. No state-supported institution of higher education shall admit an individual of that nature for one academic year after the individual applies for admission to a state-supported institution of higher education. This division does not limit or affect the ability of a state-supported institution of higher education to suspend or otherwise discipline its students.
Sec. 3334.01. As used in this chapter:
(A) "Aggregate original principal amount" means the
aggregate of the initial offering prices to the public of college
savings bonds, exclusive of accrued interest, if any. "Aggregate
original principal amount" does not mean the aggregate accreted
amount payable at maturity or redemption of such bonds.
(1) An individual designated by the purchaser under a
tuition payment contract or through a scholarship program
as the
individual on whose behalf tuition credits units purchased
under the
contract or awarded through the scholarship program will be
applied
toward the payment of undergraduate, graduate, or
professional tuition;
or
(2) An individual designated by the contributor under a
variable
college savings program contract as the individual whose
tuition and other
higher education expenses will be paid from a
variable college savings program
account.
(C) "Capital appreciation bond" means a bond for which the
following is true:
(1) The principal amount is less than the amount payable
at
maturity or early redemption; and
(2) No interest is payable on a current basis.
(D) "Tuition credit unit" means a credit of the Ohio tuition
trust authority
purchased under section 3334.09 of the Revised
Code. "Tuition unit" includes a tuition credit purchased prior to July 1, 1994.
(E) "College savings bonds" means revenue and other
obligations issued on behalf of the state or any agency or
issuing
authority thereof as a zero-coupon or capital
appreciation bond,
and designated as college savings bonds as
provided in this
chapter. "College savings bond issue" means any
issue of bonds of
which any part has been designated as college
savings bonds.
(F) "Institution of higher education" means a state
institution of higher education, a private college,
university, or
other postsecondary institution located in this state that
possesses a certificate of authorization issued by the Ohio board
of regents
pursuant to Chapter 1713. of the Revised Code or a
certificate of registration
issued by the state board of
career colleges and schools under
Chapter
3332. of the Revised Code, or an accredited college,
university, or other postsecondary institution located outside
this state that
is accredited by an
accrediting organization or
professional association recognized
by the authority. To be
considered an institution of higher education, an
institution
shall meet the definition of an eligible educational institution
under section 529 of the Internal Revenue Code.
(G) "Issuing authority" means any authority, commission,
body, agency, or individual empowered by the Ohio
Constitution or
the Revised Code to issue bonds or any other debt obligation
of
the state or any agency or department thereof. "Issuer" means
the
issuing authority or, if so designated under division (B) of
section 3334.04 of the Revised Code, the treasurer of state.
(H) "Tuition" means the charges imposed to attend an
institution of higher education as an undergraduate, graduate, or
professional
student and all fees required as a condition of
enrollment, as determined by
the Ohio tuition trust authority.
"Tuition" does not include laboratory fees,
room and board, or
other similar fees
and charges.
(I) "Weighted average tuition" means the tuition cost
resulting from the
following calculation:
(1) Add the products of the annual undergraduate tuition
charged to Ohio residents
at each four-year state university
multiplied by that
institution's total number of undergraduate
fiscal year equated
students; and
(2) Divide the gross total of the products from division
(I)(1) of this section by the total number of undergraduate
fiscal
year equated students attending four-year state
universities.
When making this calculation, the "annual undergraduate tuition charged to Ohio residents" shall not incorporate any tuition reductions that vary in amount among individual recipients and that are awarded to Ohio residents based upon their particular circumstances, beyond any minimum amount awarded uniformly to all Ohio residents. In addition, any tuition reductions awarded uniformly to all Ohio residents shall be incorporated into this calculation.
(J) "Zero-coupon bond" means a bond which has a stated
interest rate of zero per cent and on which no interest is
payable
until the maturity or early redemption of the bond, and
is offered
at a substantial discount from its original stated
principal
amount.
(K) "State institution of higher education" includes the
state universities listed in section 3345.011 of the Revised
Code,
community colleges created pursuant to Chapter 3354. of the
Revised Code, university branches created pursuant to Chapter
3355. of the Revised Code, technical colleges created pursuant to
Chapter 3357. of the Revised Code, state community colleges
created pursuant to Chapter 3358. of the Revised Code, the medical
university of
Ohio at Toledo, and the northeastern Ohio universities
college of medicine.
(L) "Four-year state university" means those state
universities listed in section 3345.011 of the Revised Code.
(M) "Principal amount" refers to the initial offering
price
to the public of an obligation, exclusive of the accrued
interest,
if any. "Principal amount" does not refer to the
aggregate
accreted amount payable at maturity or redemption of an
obligation.
(N) "Scholarship program" means a program registered with
the Ohio tuition
trust authority pursuant to section 3334.17 of
the
Revised Code.
(O) "Internal Revenue Code" means the
"Internal Revenue Code
of 1986," 100 Stat.
2085, 26 U.S.C.A. 1 et seq., as amended.
(P) "Other higher education expenses" means
room and board
and books, supplies, equipment, and
nontuition-related fees
associated with the cost of attendance
of a beneficiary at an
institution of higher education, but only
to the extent that such
expenses meet the definition of
"qualified higher education
expenses" under section 529 of the
Internal Revenue Code. "Other
higher education
expenses" does not include tuition as defined in
division
(H) of this section.
(Q) "Purchaser" means
the person signing the tuition payment
contract, who controls
the account and acquires tuition credits units
for an account under
the terms and conditions of the contract.
(R) "Contributor" means a person who signs a variable
college
savings program contract with the Ohio tuition trust
authority and
contributes to and owns the account created under
the contract.
(S) "Contribution" means any payment directly allocated to an account for the benefit of the designated beneficiary of the account.
Sec. 3334.02. (A) In order to help make higher education
affordable and accessible to all citizens of Ohio, to maintain
state institutions of higher education by helping to provide a
stable financial base to these institutions, to provide the
citizens of Ohio with financing assistance for higher education
and protection against rising tuition costs, to encourage saving
to enhance the ability of citizens of Ohio to obtain financial
access to institutions of higher education, to encourage
elementary and secondary students in this state to achieve
academic excellence, and to promote a well-educated and
financially secure population to the ultimate benefit of all
citizens of the state of Ohio, there is hereby created the Ohio college savings program. The program shall consist of the
issuance
of college savings bonds and the sale of tuition
credits
and, if
offered, supplemental credits
units.
(B) The provisions of Chapter 1707. of the Revised Code
shall not apply to tuition
credits
units or any agreement or
transaction related thereto.
(C) To provide the citizens of Ohio with a choice of
tax-advantaged college savings programs and the opportunity to
participate in
more than one type of
college savings program at a
time, the Ohio tuition trust
authority shall establish and
administer a variable college savings program
as a qualified state
tuition program under section 529 of the
Internal Revenue Code.
The program shall
allow contributors to
make cash contributions to variable college savings
program
accounts created for the purpose of paying future tuition and
other
higher education expenses and providing variable rates of
return
on contributions.
(D) A person may participate simultaneously in both the
Ohio college
savings program and the variable college
savings program.
Sec. 3334.03. (A) There is hereby created the Ohio
tuition
trust authority, which shall have the powers enumerated
in this
chapter and which shall operate as a qualified state tuition
program within the meaning of section 529 of the Internal
Revenue
Code. The exercise by the authority of its
powers shall be and is
hereby declared an essential state governmental
function. The
authority is subject to all provisions of law
generally applicable
to state agencies
which
do not conflict with
the provisions
of this chapter.
(B) The Ohio tuition trust authority shall consist of
eleven
members, no more than six of whom shall be of the same
political
party. Six members shall be appointed by the governor with
the
advice and consent of the senate as follows: one shall represent
state institutions of higher education, one shall represent
private nonprofit colleges and universities located in Ohio, one
shall have
experience in the field of marketing or public
relations, one shall have
experience in the field of information
systems design or
management, and
two shall have experience in the
field of banking, investment
banking, insurance, or law. Four
members shall be
appointed by the speaker of the house of
representatives and the
president of the senate as follows: the
speaker of the house of
representatives shall appoint one member
of the house from each
political party and the president of the
senate shall appoint one
member of the senate from each political
party. The chancellor
of the board of regents shall be an ex
officio voting member;
provided, however, that the chancellor may
designate a
vice-chancellor of the board of regents to serve as
the
chancellor's
representative. The political party of the
chancellor shall be
deemed the political party of the designee for
purposes of
determining that no more than six members are of the
same
political party.
Initial gubernatorial appointees to the authority shall
serve
staggered terms, with two terms expiring on January 31,
1991, one
term expiring on January 31, 1992, and one term
expiring on
January 31, 1993. The governor shall appoint two additional
members to the authority no later than thirty days after
the
effective date
of
this amendment
March 30, 1999, and their initial
terms shall expire January 31,
2002. Thereafter, terms of office
for
gubernatorial appointees shall be for four years. The initial
terms of the four legislative members shall expire on January 31,
1991. Thereafter legislative members shall serve two-year terms,
provided that legislative members may continue to serve on the
authority only if they remain members of the general assembly.
Any vacancy on the authority shall be filled in the same manner
as
the original appointment, except that any person appointed to
fill
a vacancy shall be appointed to the remainder of the
unexpired
term. Any member is eligible for reappointment.
(C) Any member may be removed by the appointing authority
for misfeasance, malfeasance, or willful neglect of duty or for
other cause after notice and a public hearing, unless the notice
and hearing are waived in writing by the member. Members shall
serve without compensation but shall receive their reasonable and
necessary expenses incurred in the conduct of authority business.
(D) The speaker of the house of representatives and the
president of the senate shall each designate a member of the
authority to serve as co-chairpersons. The six
gubernatorial
appointees and the chancellor of the board of regents or
the
chancellor's
designee shall serve as the executive committee of
the authority,
and shall elect an executive chairperson from among
the
executive
committee members. The authority and the executive
committee may
elect such other officers as determined by the
authority or the
executive committee respectively. The authority
shall meet at
least annually at the call of either co-chairperson
and at such other times as either co-chairperson or the
authority
determines necessary. In the absence of both co-chairpersons,
the
executive chairperson shall serve as the presiding officer of the
authority. The executive committee shall meet at the call of the
executive
chairperson or as the executive committee determines
necessary. The authority may delegate to the executive committee
such duties
and responsibilities as the authority determines
appropriate, except
that the authority may not delegate to the
executive committee
the final determination of the annual price of
a tuition
credit
unit,
the final designation of bonds as college
savings bonds, or the
employment of an executive director of the
authority. Upon such
delegation, the executive committee shall
have the authority to
act pursuant to such delegation without
further approval or
action by the authority. A majority of the
authority shall
constitute a quorum of the authority, and the
affirmative vote of
a majority of the members present shall be
necessary for any action taken by
the authority. A majority of
the executive committee shall constitute a
quorum of the executive
committee, and the affirmative vote of a majority of
the members
present shall
be necessary for any action taken by the executive
committee. No
vacancy in the membership of the authority or the
executive
committee shall impair the rights of a quorum to
exercise all
rights and perform all duties of the authority or the
executive
committee respectively.
Sec. 3334.07. (A) The Ohio tuition trust authority
shall develop a plan for the sale of tuition credits units.
The Ohio board of regents shall
cooperate with the authority and provide technical assistance
upon request.
(B) Annually, the authority shall determine the weighted
average tuition of four-year state universities in the academic
year that begins on or after the first day of August of the
current calendar year, and shall establish the price of a tuition
credit unit in the ensuing sales period. Such price shall be based on
sound actuarial principles, and shall, to the extent actuarially
possible, reasonably approximate one per cent of the weighted
average tuition for that academic year plus the costs of
administering the tuition credit program that are in excess of
general revenue fund appropriations for administrative costs. The sales
period to which such price applies shall consist of
twelve months, and the authority by rule shall establish the date
on which the sales period begins. If circumstances arise during a sales
period that the authority
determines causes the price of tuition credits units to be insufficient to ensure
the
actuarial soundness of the Ohio tuition trust
fund, the authority may adjust the price of tuition credits units purchased during
the remainder of the sales period. To promote the purchase of
tuition credits units and in accordance with actuarially sound
principles, the authority may adjust the sales price as part of
incentive programs, such as discounting for lump-sum lump sum purchases
and multi-year installment plans at a fixed rate of purchase.
Sec. 3334.08. (A) Subject to division (B) of this
section, in addition to any other powers
conferred by this chapter, the Ohio tuition trust authority may
do any of the following:
(1) Impose reasonable residency requirements for
beneficiaries of tuition credits units;
(2) Impose reasonable limits on the number of tuition
credit unit participants;
(3) Impose and collect administrative fees and charges in
connection with any transaction under this chapter;
(4) Purchase insurance from insurers licensed to do
business in this state providing for coverage against any loss in
connection with the authority's property, assets, or activities
or to further ensure the value of tuition credits units;
(5) Indemnify or purchase policies of insurance on behalf
of members, officers, and employees of the authority from
insurers licensed to do business in this state providing for
coverage for any liability incurred in connection with any civil
action, demand, or claim against a director, officer, or employee
by reason of an act or omission by the director, officer, or
employee that was not manifestly outside the scope of the
employment or official duties of the director, officer, or employee or
with malicious purpose, in bad
faith, or in a wanton or reckless manner;
(6) Make, execute, and deliver contracts, conveyances, and
other instruments necessary to the exercise and discharge of the
powers and duties of the authority;
(7) Promote, advertise, and publicize the Ohio college
savings
program and the variable college savings program;
(8) Adopt rules under section 111.15 of the Revised Code
for the implementation of the Ohio college savings program;
(9) Contract, for the provision of all or part of the
services necessary for the management and operation of the
Ohio
college savings program and the variable college savings program, with
a bank, trust company, savings and
loan association, insurance company, or licensed dealer in
securities if the bank, company, association, or dealer is
authorized to do business in this state and information about the
contract is filed with the controlling board pursuant to division
(D)(6) of section 127.16 of the Revised Code;
(10) Contract for other services, or for goods, needed by
the authority in the conduct of its business, including but not
limited to credit card services;
(11) Employ an executive director and other personnel as
necessary to carry out its responsibilities under this chapter,
and fix the compensation of these persons. All employees of the
authority shall be in the unclassified civil service and shall be
eligible for membership in the public employees retirement
system.
(12) Contract with financial consultants, actuaries,
auditors, and other consultants as necessary to carry out its
responsibilities under this chapter;
(13) Enter into agreements with any agency of the state or
its political subdivisions or with private employers under which
an employee may agree to have a designated amount deducted in
each payroll period from the wages or salary due the employee for
the purpose of purchasing tuition credits units pursuant to a tuition
payment contract or making contributions pursuant to a variable college
savings program contract;
(14) Enter into an agreement with the treasurer of state
under which the treasurer of state will receive, and credit to
the Ohio tuition trust fund or variable college savings program fund,
from any bank or savings and loan
association authorized to do business in this state, amounts that
a depositor of the bank or association authorizes the bank or
association to withdraw periodically from the depositor's account
for the
purpose of purchasing tuition credits units pursuant to a tuition
payment contract or making contributions pursuant to a variable college
savings program contract;
(15) Solicit and accept gifts, grants, and loans from any
person or governmental agency and participate in any governmental
program;
(16) Impose limits
on the number of credits units which may be
purchased on behalf of or assigned or awarded to any beneficiary and on the
total amount of contributions that may be made on behalf of a beneficiary;
(17) Impose restrictions on the substitution of another
individual for the original beneficiary under the Ohio college
savings program;
(18) Impose a limit on the age of a beneficiary, above
which tuition credits units may not be purchased on
behalf of that
beneficiary;
(19) Enter into a cooperative agreement with the treasurer
of state to provide for the direct disbursement of payments under
tuition payment or variable college savings program contracts;
(20) Determine the other higher education expenses for which
tuition credits units or contributions may be used;
(21) Terminate any tuition payment or variable college
savings program contract if no
purchases or contributions are made for a period of three years or more
and there
are fewer than a total of five tuition units or tuition credits or less
than a dollar amount set by rule
on account, provided that notice of a possible termination shall
be provided in advance, explaining any options to prevent
termination, and a reasonable amount of time shall be provided
within which to act to prevent a termination;
(22) Maintain a separate account for each tuition payment or variable
college savings program contract;
(23) Perform all acts necessary and proper to carry out
the duties and responsibilities of the authority pursuant to this
chapter.
(B) The authority shall adopt rules
under section 111.15 of the Revised Code for the
implementation
and administration of the variable college savings program. The rules shall
provide taxpayers with the maximum tax advantages and flexibility consistent
with
section 529 of the Internal Revenue Code and
regulations adopted
thereunder with regard to disposition of contributions and earnings,
designation of beneficiaries, and rollover of account assets to other
programs.
(C) Except as otherwise specified in this chapter, the
provisions of Chapters 123., 125., and 4117. of the Revised Code
shall not apply to the authority. The department of
administrative services shall, upon the request of the authority,
act as the authority's agent for the purchase of equipment,
supplies, insurance, or services, or the performance of
administrative services pursuant to Chapter 125. of the Revised
Code.
Sec. 3334.09. (A) Except in the case of a scholarship program
established in accordance with section 3334.17 of the Revised Code, the Ohio
tuition trust authority may enter into a tuition payment contract with any
person for the purchase of tuition credits units if either the
purchaser or the beneficiary is a resident of this state at the time the
contract is entered into. A tuition payment contract shall allow any
person to purchase tuition credits units at the price determined by the
authority pursuant to section 3334.07 or 3334.12 of the Revised
Code for the year in which the tuition credit unit is purchased. The purchaser
shall name in the payment contract one specific individual as the beneficiary
for the tuition credits units.
In accordance with rules of the authority, credits units may
be transferred to the credit of another beneficiary and a new beneficiary
may be substituted for the
beneficiary originally named in the contract.
(B) Each tuition credit unit shall entitle the beneficiary to
an amount equal to one per cent of the weighted average tuition.
(C) Nothing in this chapter or in any tuition payment
contract entered into pursuant to this chapter shall be construed
as a guarantee by the state, the authority, or any institution of
higher education that a beneficiary will be admitted to an
institution of higher education, or, upon admission to an
institution of higher education, will be permitted to continue to
attend or will receive a degree from an institution of higher
education. Nothing in this chapter or in any tuition payment
contract entered into pursuant to this chapter shall be
considered a guarantee that the beneficiary's cost of tuition at
an institution of higher education other than a state institution
of higher education will be covered in full by the proceeds of
the beneficiary's tuition credits units.
(D) The following information shall be disclosed in
writing to each purchaser of tuition credits units and, where
appropriate, to each entity establishing a scholarship
program under section 3334.17 of the Revised Code:
(1) The terms and conditions for the purchase and use
of tuition credits units;
(2) In the case of a contract described by division (A)
of this section, any restrictions on the substitution of another
individual for the original beneficiary and any restrictions on
the transfer of ownership of credits units in the payment account;
(3) The person or entity entitled to terminate the
contract;
(4) The terms and conditions under which the contract may
be terminated and the amount of the refund, if any, to which the
person or entity terminating the contract, or that person's or
entity's designee, is entitled upon termination;
(5) The obligation of the authority to make payments to a
beneficiary, or an institution of higher education on behalf of a
beneficiary, under division (B) of this section based upon the
number of tuition credits units purchased on behalf of the beneficiary
or awarded to the beneficiary pursuant to a scholarship program;
(6) The method by which tuition credits units shall be applied
toward payment of tuition and other higher education expenses if in any
academic term the beneficiary is a part-time student;
(7) The period of time during which a beneficiary may
receive benefits under the contract;
(8) The terms and conditions under which money may be
wholly or partially withdrawn from the program, including, but
not limited to, any reasonable charges and fees that may be
imposed for withdrawal;
(9) All other rights and obligations of the purchaser and
the authority, including the provisions of division (A) of
section 3334.12 of the Revised Code, and any other terms,
conditions, and provisions the authority considers necessary and
appropriate.
(E) A tuition payment contract may provide that the
authority will pay directly to the institution of higher
education in which a beneficiary is enrolled during a term the
amount represented by the tuition credits units being used that term.
(F) A tuition payment contract described by division
(A) of this section may provide that if the contract has
not been terminated or credits units purchased under the contract have not been
applied
toward the payment of tuition or other higher education expenses within a
specified period of time, the authority may, after making a reasonable
effort to locate the purchaser of the tuition credits units, the
beneficiary, and any person designated in the contract to act on
behalf of the purchaser of the credits units or the beneficiary,
terminate the contract and retain the amounts payable under the
contract.
(G) If, at any time after tuition credits units are purchased on
behalf of a beneficiary or awarded to a beneficiary or pursuant
to a scholarship program, the
beneficiary becomes a nonresident of this state, or, if the beneficiary was
not a resident of this state at the time the tuition payment contract was
entered into, the purchaser becomes a nonresident of this state,
credits units purchased or awarded while the beneficiary was a resident may be
applied on behalf of the beneficiary toward
the payment of tuition at an
institution of higher education and other higher
education expenses
in the manner specified in division (B) of this section, except that
if the beneficiary enrolls in a state institution of higher
education, the beneficiary shall be responsible for payment of
all nonresident fees charged to out-of-state residents by the
institution in which the beneficiary is enrolled.
Sec. 3334.10. Divisions (A),
and (B), (C),
and (D) of this
section do not apply to
scholarship programs established under
section 3334.17 of the Revised Code.
(A) Unless otherwise provided for in the
contract, a tuition
payment
contract may be
terminated by the
purchaser under any of
the
following circumstances upon the written request of the
purchaser to the authority:
(1) Upon the death or permanent disability of the
beneficiary;
(2) Upon notification to the
Ohio tuition trust authority
in
writing that the beneficiary is age eighteen or older, has
decided
not to attend an institution of higher education, and
requests
that the
contract
be
terminated;
(3) Upon the beneficiary's completion of the degree
requirements at
an institution of higher education;
(4) Upon the rollover of all
amounts in a tuition
credit
account to
an equivalent account in
another state;
(5) Upon
the occurrence of other
circumstances
determined
by
the authority
to be grounds for termination.
(B) The authority shall determine the method and schedule
for
payment of refunds
upon termination of a
tuition payment
contract. , the purchaser may rollover amounts to another qualified tuition program under section 529 of the Internal Revenue Code or terminate the contract for any reason by filing written
notice
with the Ohio tuition trust authority.
(1)
In cases described by division (A)(2) or (3) of this
section,
If the contract is terminated and the beneficiary is under eighteen years of age, the authority shall use actuarially sound principles to determine the
amount of
the refund shall
be equal
to not less than
one per cent of the
weighted
average
tuition in the
academic year
the refund is
paid, multiplied by the
number of tuition
credits purchased and not used, minus any
reasonable charges and
fees provided
for by the authority, or such
other lesser sum
as
shall be
determined by the authority but
only to the extent that
such a
lesser sum is necessary to meet the
refund penalty
requirements
for qualified state tuition programs
under section
529 of the
Internal Revenue Code.
(2)
In cases described by division (A)(1) of this section
If
the contract is terminated because of the death or permanent
disability of the beneficiary,
the amount of the refund shall be
equal to the greater of the
following:
(a) One per cent of the weighted average tuition in the
academic year the
refund is paid, multiplied by
the number of
tuition
credits
units purchased and not
used;
(b) The total purchase price of all tuition
credits
units
purchased for the
beneficiary and not used.
(3) In cases described by division (A)(5) of this
section,
the amount of the refund shall be
either of the following
as
determined by the authority:
(a) The refund
provided by division (B)(1) of
this section;
(b) The refund
provided by division (B)(2) of this
section,
or such other lesser sum as shall be
determined by the authority
but only to the extent that such a
lesser sum is necessary to meet
the refund penalty requirements
for qualified state tuition
programs under section 529 of the
Internal Revenue Code If all or part of the amount accrued under the contract is liquidated for a rollover to another qualified tuition program under section 529 of the Internal Revenue Code, the rollover amount shall be determined in an actuarially sound manner.
(C)
Unless otherwise provided for in the
contract, a
(B) The
contributor of a variable college
savings program
account may
be
terminated by
rollover amounts to another qualified tuition program under section 529 of the Internal Revenue Code or terminate the
contributor
account for any
reason
upon the written request of the
contributor
to the
authority.
Termination of a variable college savings
program
account shall
occur no earlier than a maturity period set
by the
authority after
the first contribution is made to the
account.
(D) The authority shall
determine the method and schedule
for
payment of refunds
upon
termination of a variable
savings program
account by filing written notice with the Ohio tuition trust
authority.
(1) The
contributor under a
variable savings
program
contract
may
receive a refund of the an amount equal to the account balance in an
account, less
any applicable
administrative
fees, if the account is
terminated upon the
death
or permanent
disability of the
beneficiary or, to the extent
allowed under rules of the
authority, upon the rollover of all
amounts
in a variable college
savings program account to
an
equivalent
account in another state.
(2) If a variable college savings program account is
terminated
for any reason other than those set forth in division
(D)(1) of
this section, the
contributor may
receive
a refund of the balance in the
account, less any
administrative
fees, and less
any additional amount necessary to
meet the minimum
refund penalty
requirements for a qualified state
tuition program
under section
529 of the Internal Revenue Code.
(3) Earnings shall be calculated as the total value of the
variable savings program
account less the aggregate
contributions, or in such other manner as
prescribed by section
529 of the Internal Revenue
Code.
(E) In the case of a
(C) A scholarship program,
may request
a refund of
tuition
credits
units in the program's account
may be
made only
for just cause with the approval of
by filing a written
request with
the authority. The refund
shall be paid to the
entity that established
the scholarship
program or, with that
entity's approval, to the
authority if this
is authorized by
federal tax
law. The amount of any refund shall
be determined by
the authority
and shall meet the requirements for
refunds made on
account of scholarships under section 529 of the
Internal
Revenue
Code.
(F) If a beneficiary is awarded a scholarship other than
under a scholarship program, a waiver of tuition, or similar
subvention that
the
authority
determines cannot be converted into
money by the beneficiary, the
authority shall, during each
academic term that the beneficiary
furnishes the authority such
information about the scholarship,
waiver, or similar subvention
as the authority requires, refund
to the person designated in the
contract,
or, in the case of a beneficiary
under a scholarship program, to
the beneficiary an amount equal to the
value that the tuition
credits or the amounts in the variable college
savings
program account that are not needed on
account of
the scholarship,
waiver, or similar subvention would otherwise
have to the
beneficiary that term at the institution of higher education
where
the beneficiary is enrolled. The authority may, at its sole
option, designate the institution of higher education at which the
beneficiary is enrolled as the agent of the authority for
purposes
of refunds pursuant to this division.
(G)
If, in any academic term for which tuition credits
or any
amounts in a variable college savings program account
have been
used to pay all or part of a beneficiary's tuition, the
beneficiary withdraws from the institution of higher education at
which the beneficiary is enrolled prior to the end of the
academic
term, a pro rata share of any refund of tuition as a
result of the
withdrawal equal to that portion of the tuition
paid with tuition
credits or the amounts in a variable college savings
program
account shall be made to the authority, unless
the authority
designates a different procedure. The authority
shall credit any
refund received, less any reasonable charges and
fees provided for
by the authority, to the appropriate account established
under
division (F)(1) or (2) of section 3334.11
of the Revised Code or
division (H) of this section.
(H)(D) The authority shall maintain a separate account for
each
variable college savings
contract
entered into pursuant to division
(A) of
section 3334.18 of the Revised Code for
contributions
made on
behalf of a beneficiary, showing the name of the beneficiary
of
that
contract
and the amount of
contributions made pursuant to that
contract.
Upon request of any
beneficiary or contributor, the authority shall provide a
statement indicating, in the
case of a beneficiary, the amount of
contributions made pursuant
to that
contract on behalf of the
beneficiary, or,
in the case of
a
contributor, contributions made, disbursed, or refunded
pursuant
to that
contract.
Sec. 3334.11. (A) The assets of the Ohio tuition trust
authority reserved for payment of the obligations of the
authority pursuant to tuition payment contracts shall be placed
in a fund, which is hereby created and shall be known as the
Ohio
tuition trust fund. The fund shall be in the custody of the
treasurer of state, but shall not be part of the state treasury.
That portion of payments received by the authority or the
treasurer of state from persons purchasing tuition credits units under
tuition payment contracts that the authority determines is
actuarially necessary for the payment of obligations of the
authority pursuant to tuition payment contracts, all interest and
investment income earned by the fund, and all other receipts of
the authority from any other source that the authority
determines appropriate, shall be deposited in the fund. No
purchaser or beneficiary of tuition credits units shall have any claim
against the funds of any state institution of higher education.
All investment fees and other costs incurred in connection with
the exercise of the investment powers of the authority pursuant
to divisions (D) and (E) of this section shall be paid from the
assets of the fund.
(B) Unless otherwise provided by the authority, the assets
of the Ohio tuition trust fund shall be expended in the following
order:
(1) To make payments to beneficiaries, or institutions of
higher education on behalf of beneficiaries, under division (B)
of section 3334.09 of the Revised Code;
(2) To make refunds as provided in divisions (B), (E),(A) and
(F)(C) of section 3334.10 of the Revised Code;
(3) To pay the investment fees and other costs of
administering the fund.
(C)(1) Except as may be provided in an agreement under
division (A)(19) of section 3334.08 of the Revised Code,
all disbursements from the Ohio tuition trust fund shall be made by
the treasurer of state on order of a designee of the authority.
(2) The treasurer of state shall deposit any portion of
the Ohio tuition trust fund not needed for immediate use in the
same manner as state funds are deposited.
(D) The authority is the trustee of the Ohio tuition trust
fund. The authority shall have full power to invest the
assets of the fund and in exercising this power shall be subject to the
limitations and requirements contained in divisions
(K) to (M) of this section and
sections 145.112 and 145.113 of the Revised Code. The
evidences of title of all investments shall be
delivered to the
treasurer of state or to a qualified trustee designated by the
treasurer of state as
provided in section 135.18 of the Revised Code. Assets of the
fund shall be administered by the authority in a manner designed
to be actuarially sound so that the assets of the fund will be
sufficient to satisfy the obligations of the authority pursuant
to tuition payment contracts and defray the reasonable expenses
of administering the fund.
(E) The public employees retirement board shall, with the
approval of the authority, exercise the investment powers of the
authority as set forth in division (D) of this section until the
authority determines that assumption and exercise by the
authority of the investment powers is financially and
administratively feasible. The investment powers shall be
exercised by the public employees retirement board in a manner
agreed upon by the authority that maximizes the return on
investment and minimizes the administrative expenses.
(F)(1) The authority shall maintain a separate account for
each
tuition payment contract entered into pursuant to division (A) of section
3334.09 of the Revised Code for the purchase of
tuition credits units on behalf of a beneficiary or beneficiaries
showing the beneficiary or beneficiaries of that contract and the
number of tuition credits units purchased pursuant to that contract.
Upon request of any beneficiary or person who has entered into a
tuition payment contract, the authority shall provide a statement
indicating, in the case of a beneficiary, the number of tuition
credits units purchased on behalf of the beneficiary, or in the case of
a person who has entered into a tuition payment contract, the
number of tuition credits units purchased, used, or refunded pursuant
to that contract. A beneficiary and person that have entered
into a tuition payment contract each may file only one request
under this division in any year.
(2) The authority shall maintain an account for each
scholarship program showing the number of tuition credits units that
have been purchased for or donated to the program and the number
of tuition credits units that have been used. Upon the request of the
entity that established the scholarship program, the authority shall
provide a statement indicating these numbers.
(G) In addition to the Ohio tuition trust fund, there is
hereby established a reserve fund that shall be in the
custody
of the treasurer of state but shall not be part of the state
treasury, and shall be known as the Ohio tuition trust reserve
fund, and an operating fund that shall be part of the
state
treasury, and shall be known as the Ohio tuition trust operating
fund. That portion of payments received by the authority or the
treasurer of state from persons purchasing tuition credits units under
tuition payment contracts that the authority determines is
not
actuarially necessary for the payment of obligations of the
authority pursuant to tuition payment contracts, any interest and
investment income earned by the reserve fund, any administrative
charges and fees imposed by the authority on transactions under
this chapter or on purchasers or beneficiaries of tuition
credits units, and all other receipts from any other source that
the
authority determines appropriate, shall be deposited in the
reserve fund to pay the operating expenses of the authority and
the costs of administering the program. The assets of the
reserve fund may be invested in the same manner and subject to
the same limitations set forth in divisions (D), (E),
and (K) to (M) of this
section and sections 145.112 and 145.113 of the Revised Code. All investment
fees and
other costs incurred in
connection with the exercise of the investment powers shall
be
paid from the assets of the reserve fund. Except as otherwise
provided for in this chapter, all operating expenses of the
authority and costs of administering the program shall be paid
from the operating fund. The treasurer shall, upon request of
the authority, transfer funds from the reserve fund to the
operating fund as the authority determines appropriate to pay
those current operating expenses of the authority and costs of
administering the program as the authority designates. Any
interest or investment income earned on the assets of the
operating fund shall be deposited in the operating fund.
(H) In January of each year the authority shall report to
each person who received any payments or refunds from the
authority during the preceding year information relative to the
value of the payments or refunds to assist in determining
that
person's tax liability.
(I) The authority shall report to the tax commissioner
any information, and at the times, as
the tax commissioner
requires to determine any tax liability that a person may have
incurred during the preceding year as a result of having received
any payments or refunds from the authority.
(J) All records of the authority indicating the identity
of purchasers and beneficiaries of tuition credits units or college
savings bonds, the number of tuition credits units purchased, used, or
refunded under a tuition payment contract, and the number of
college savings bonds purchased, held, or redeemed are not public
records within the meaning of section 149.43 of the Revised Code.
(K) The authority and other
fiduciaries shall discharge their duties with respect to the
funds with care, skill, prudence,
and diligence under the circumstances then prevailing that a
prudent person acting in a like capacity and familiar with such
matters would use in the conduct of an enterprise of a like
character and with like aims; and by diversifying the investments
of the assets of the funds so as to minimize the risk of large losses,
unless
under the circumstances it is clearly prudent not to do so.
To facilitate investment of the funds, the authority may establish a
partnership, trust, limited liability company, corporation, including a
corporation exempt from taxation under the Internal Revenue
Code, 100 Stat. 2085, 26 U.S.C. 1, as amended, or
any other legal entity authorized to transact business in this state.
(L) In exercising its fiduciary responsibility with
respect to the investment of the assets of the funds, it shall be the
intent of the authority to give consideration to investments that enhance the
general welfare of the state and its citizens where the
investments offer quality, return, and safety comparable to other
investments currently available to the authority. In fulfilling this
intent, equal consideration shall also be given to investments
otherwise qualifying under this section that involve minority
owned and controlled firms and firms owned and controlled by
women, either alone or in joint venture with other firms.
The
authority shall adopt, in regular meeting, policies, objectives, or
criteria for the operation of the investment program
that include asset
allocation targets and ranges, risk factors, asset class benchmarks, time
horizons, total return objectives, and performance evaluation guidelines.
In
adopting policies and criteria for the selection of agents with
whom the authority may contract for the administration of the assets of the
funds, the authority shall give equal consideration to minority owned and
controlled firms, firms owned and controlled by women, and
ventures involving minority owned and controlled firms and firms
owned and controlled by women that otherwise meet the policies and criteria
established by the authority. Amendments and additions to the policies and
criteria shall be adopted in regular meeting. The authority shall publish its
policies, objectives, and criteria under this provision no less often than
annually and
shall make copies available to interested parties.
When reporting on the performance of investments, the authority shall
comply
with the performance presentation standards established by the association for
investment management and research.
(M) All investments shall be purchased at current market
prices and the evidences of title of the investments shall be
placed in the hands of the treasurer of state, who is hereby
designated as custodian thereof, or in the hands of the
treasurer of state's authorized agent. The treasurer of state or the
agent shall collect the principal, dividends, distributions, and interest
thereon as they become due and payable and place them when so collected into
the custodial funds.
The treasurer of state shall pay for investments purchased by the
authority on receipt of written or electronic instructions from the authority
or the authority's designated agent authorizing the purchase and pending
receipt of the
evidence of title of the investment by the treasurer of state or the treasurer
of state's authorized agent. The authority may sell investments held by the
authority, and the treasurer of state or the treasurer of state's authorized
agent shall accept payment from the purchaser
and deliver evidence of title of the investment to the purchaser on receipt of
written or electronic instructions from the authority or the authority's
designated agent authorizing the sale, and pending receipt of the moneys for
the investments. The amount received shall be placed in the custodial funds.
The authority and the treasurer of state may enter into agreements to
establish procedures for the purchase and sale of investments under this
division and the custody of the investments.
No purchase or sale of any investment shall be made under this section
except as authorized by the authority.
Any statement of financial position distributed by the authority shall
include fair value, as of the statement date, of all investments held by the
authority under this section.
Sec. 3334.12. Notwithstanding anything to the contrary in
sections 3334.07 and 3334.09 of the Revised Code:
(A) Annually, the Ohio tuition trust authority shall have
the actuarial soundness of the Ohio tuition trust fund evaluated
by a nationally recognized actuary and shall determine whether
additional assets are necessary to defray the obligations of the
authority. If, after the authority sets the price for tuition
credits units,
circumstances
arise that the executive director
determines necessitate an additional
evaluation of the actuarial
soundness of the fund, the executive director
shall
have a
nationally recognized actuary conduct the necessary
evaluation.
If
the assets of the fund are insufficient to ensure
the actuarial
soundness of the fund, the authority shall adjust
the price of
subsequent purchases of tuition
credits units
to the extent
necessary to help restore the actuarial soundness of the fund. If, at
any time, the adjustment is likely, in the opinion of the
authority, to diminish the marketability of tuition credits units to an
extent that the continued sale of the credits units likely would not
restore the actuarial soundness of the fund and external economic factors continue to negatively impact the soundness of the program, the authority may suspend sales, either permanently or temporarily, of tuition credits units. During any suspension, the authority shall continue to service existing college savings program accounts.
(B) Upon termination of the program or liquidation of the
Ohio tuition trust fund, the Ohio tuition trust reserve fund, and
the Ohio tuition trust operating fund, any remaining assets of
the
funds after all obligations of the funds have been satisfied
pursuant to division (B) of section 3334.11 of the Revised Code
shall be transferred to the general revenue fund of the state.
(C) The authority shall prepare and cause to have audited
an
annual financial report on all financial activity of the Ohio
tuition trust authority within ninety days of the end of the
fiscal year. The authority shall transmit a copy of the audited
financial report to the governor, the president of the senate,
the
speaker of the house of representatives, and the minority
leaders
of the senate and the house of representatives. Copies
of the
audited financial report also shall be made available,
upon
request, to the persons entering into
contracts with the
authority and to prospective
purchasers of
tuition credits units and prospective
contributors to
variable college savings program accounts.
Sec. 3334.15. (A) The right of a person to a tuition
credit
unit or a
payment under
section 3334.09 of the Revised Code
pursuant to a
tuition credit payment contract,
a scholarship program, or a variable
college
savings program account shall not be
subject to execution,
garnishment,
attachment, the operation of bankruptcy or the
insolvency laws, or other
process of law.
(B) The right of a person to a tuition
credit
unit or a
payment under
section 3334.09 of the Revised Code pursuant to a
tuition credit payment
contract, a scholarship
program, or a variable
college savings program account shall not be used as
security or
collateral for a loan.
Sec. 3334.16. The general assembly hereby finds that the
prepaid tuition
program providing
for the sale of tuition
credits
units by the Ohio tuition trust
authority
is an official
state
function, offered through an agency of this
state,
which agency receives state appropriations. Therefore, the
authority
is directed by the state of Ohio to assume
it is exempt from federal tax
liability.
Sec. 3334.17. (A) The
state, any political subdivision of
the state, and any
organization that is exempt from federal income
taxation under
section 501 (a) and described in section 501
(c)(3)
of the Internal Revenue
Code, including the Ohio tuition trust
authority if this is
authorized under federal tax law,
may
establish a scholarship program to award scholarships consisting
of
contributions made to
any college
savings program for students. Any scholarship program established
under
this
section shall be registered with the
authority. The authority shall be notified of the name and
address of each scholarship beneficiary under the program, the
amounts awarded, and the institution of higher
education in which the beneficiary is enrolled. Scholarship
beneficiaries shall be selected by the entity establishing the
scholarship program, in accordance with
criteria established by
the
entity.
(B) Any person or governmental entity may purchase tuition
credits units
on behalf of a scholarship program that is or is to
be
established in accordance with division (A)
of this section at
the same price as is
established for the purchase of
credits units
for named beneficiaries
pursuant to this chapter. Tuition
credits units shall have the same value to the beneficiary of a
scholarship
awarded pursuant to this section as they would have to
any other
beneficiary pursuant to division (B) of section 3334.09
of the
Revised Code.
(C) The entity establishing and maintaining a scholarship
program shall specify
whether a scholarship beneficiary may
receive a refund or payment for
the
amount awarded
under the scholarship program directly
from the
authority, or whether the amount
awarded shall be
paid by the authority only to the institution of
higher education
in which the student is enrolled.
(D) If a scholarship beneficiary does not use
the amount awarded within a length of time specified under
the
scholarship program, the
amount may be awarded to
another
beneficiary.
Sec. 3334.18. (A) A variable college savings program
established by the Ohio tuition trust authority shall include
provisions for a
contract
to be entered into between
a contributor
and
the authority that will authorize the
contributor
to open an account
for a beneficiary and
authorize
the
contributor
to substitute a new
beneficiary for one originally
named in the
contract, to the extent permitted
by section 529 of the Internal
Revenue Code.
(B) The authority shall provide adequate safeguards to
prevent
total contributions to a variable college savings program
account or purchases
of tuition
credits
units, either separately
or combined, that are made on
behalf of a beneficiary from
exceeding the amount necessary to provide for the
tuition and
other higher
education expenses of the beneficiary, consistent
with the
maximum contributions permitted by section 529 of the
Internal
Revenue Code. However, in no event shall
contributions
or purchases exceed the
allowable limit for a qualified state
tuition program under section 529
of the Internal Revenue Code.
(C)(1) Participation in the variable college savings program
does
not guarantee that contributions and the investment return on
contributions,
if any, will be
adequate to cover future tuition
and other higher education
expenses or that a beneficiary will be
admitted to or permitted to
continue to attend an institution of
higher education.
(2) Returns on contributors' investments in the variable
college
savings program are not guaranteed by the state and the
contributors to
the variable college savings program assume all
investment risk, including
the potential loss of principal and
liability for penalties such
as those levied for noneducational
withdrawals.
(3) The state
shall have no debt or obligation to any contributor, beneficiary,
or any other person as a
result of the establishment of the
program, and the state assumes
no risk or liability for funds invested in
the variable college
savings program.
(4) Informational materials about the variable college
savings
program prepared by the authority or its agents and
provided to
prospective contributors shall state clearly the
information set forth in
division (C) of this section.
Sec. 3334.19. (A) The Ohio tuition trust authority
shall
adopt an investment
plan that sets forth investment policies and
guidelines to be utilized in
administering the variable college
savings program. Except as provided in
section 3334.20 of the
Revised Code, the authority shall
contract with one or more
insurance companies, banks, or other
financial institutions to act
as its investment agents and to
provide such services as the
authority considers appropriate to
the investment plan, including:
(1) Purchase, control, and safekeeping of assets;
(2) Record keeping and accounting for individual accounts
and
for the program as a whole;
(3) Provision of consolidated statements of
account.
(B) The authority or its investment agents shall maintain a
separate account for the beneficiary of each
contract entered into
under the
variable college savings program. If a beneficiary has
more than one such
account, the authority or its agents shall
track total
contributions and earnings and provide a consolidated
system of
account distributions to institutions of higher
education.
(C) The
authority or its
investment agents may place assets
of the
program
in savings accounts and may purchase
fixed or
variable
life insurance or
annuity contracts,
securities, evidence
of
indebtedness, or other investment products pursuant to
the
investment plan.
(D) Contributors shall not direct the investment of their
contributions under the investment plan. The authority shall
impose other
limits on contributors' investment discretion
to
the extent
required under section 529
of the Internal Revenue
Code.
(E) The investment agents with which the authority
contracts
shall discharge their duties with respect to program funds with
the
care and diligence
that a prudent person familiar with such
matters and with the character and
aims of the program would use.
(F) The assets of the program shall be preserved, invested,
and
expended solely for the purposes of this chapter and shall not
be loaned or
otherwise transferred or used
by the state for any
other purpose. This section shall not be construed to
prohibit
the investment agents of the authority from investing, by purchase
or
otherwise, in
bonds, notes, or other obligations of the state
or any agency or
instrumentality of the state. Unless otherwise
specified by the
authority, assets of the program shall be
expended in the
following order of priority:
(1) To make payments on behalf of
beneficiaries;
(2) To make refunds upon termination of variable college
savings
program
contracts;
(3) To pay the
authority's costs of
administering the
program;
(4) To pay or cover any other expenditure or disbursement the
authority determines necessary or appropriate.
(G)
Fees, charges, and other costs imposed or collected by
the authority in connection with the variable college
savings
program, including any fees or other payments that the authority
requires an investment agent to pay to the authority, shall be
credited to either the variable operating fund or the index operating fund at the discretion of the authority. The fund shall
be These funds are hereby created in the
custody of the treasurer of state, but shall not be part
of the
state treasury. Expenses incurred in the administration of
the
variable college savings program, as well as other expenses,
disbursements, or payments the authority considers appropriate for
the benefit of any college savings programs administered by the authority, the state of Ohio and its citizens, shall be paid
from the variable operating fund or the index operating fund at the discretion of the authority.
(H) No records of the authority indicating the identity of
purchasers, contributors, and beneficiaries under the program
or amounts
contributed to, earned by, or distributed from program
accounts
are public records within the meaning of section 149.43
of the Revised Code.
Sec. 3335.02. (A) The government of the Ohio state
university shall be vested in a board of eleven fourteen trustees in 2005, and seventeen trustees beginning in 2006, who
shall be appointed by the governor, with the advice and consent
of the senate. Two of the eleven seventeen trustees shall be students at
the Ohio state university, and their selection and terms shall be
in accordance with division (B) of this section. Except as provided in division (C) of this section and except for the
terms of student members, terms of office shall be for nine
years, commencing on the fourteenth day of May and ending on the
thirteenth day of May. Each trustee shall hold office from the
date of appointment until the end of the term for which
the trustee was appointed. Any trustee appointed to fill a vacancy
occurring
prior to the expiration of the term for which the trustee's
predecessor was appointed shall hold office for the remainder of such term.
Any
trustee shall continue in office subsequent to the expiration
date of the trustee's term until the
trustee's
successor takes office, or until a period of sixty days has elapsed, whichever
occurs first. No person who has served a full nine-year term or more than six
years of such a term shall be eligible for reappointment until a period of four years has elapsed since the last day of the term for which the person previously served. The
trustees shall not receive compensation for their services, but
shall be paid their reasonable necessary expenses while engaged
in the discharge of their official duties.
(B) The student members of the board of trustees of the
Ohio state university have no voting power on the board. Student
members shall not be considered as members of the board in
determining whether a quorum is present. Student members shall
not be entitled to attend executive sessions of the board. The
student members of the board shall be appointed by the governor,
with the advice and consent of the senate, from a group of five
candidates selected pursuant to a procedure adopted by the
university's student governments and approved by the university's
board of trustees. The initial term of office of one of the
student members shall commence on May 14, 1988 and shall expire
on May 13, 1989, and the initial term of office of the other
student member shall commence on May 14, 1988 and expire on May
13, 1990. Thereafter, terms of office of student members shall
be for two years, each term ending on the same day of the same
month of the year as the term it succeeds. In the event a
student member cannot fulfill a two-year term, a replacement
shall be selected to fill the unexpired term in the same manner
used to make the original selection.
(C)(1) The initial terms of office for the three additional trustees appointed in 2005 shall commence on a date in 2005 that is selected by the governor with one term of office expiring on May 13, 2009, one term of office expiring on May 13, 2010, and one term of office expiring on May 13, 2011, as designated by the governor upon appointment. Thereafter terms of office shall be for nine years, as provided in division (A) of this section.
(2) The initial terms of office for the three additional trustees appointed in 2006 shall commence on May 14, 2006, with one term of office expiring on May 13, 2012, one term of office expiring on May 13, 2013, and one term of office expiring on May 13, 2014, as designated by the governor upon appointment. Thereafter terms of office shall be for nine years, as provided in division (A) of this section.
Sec. 3345.10. (A) As used in this section:
(A), "Institution state institution of higher education" means a state university, municipal
university, state medical college, community college, technical
college, or state community college has the same meaning as in section 3345.011 of the Revised Code.
(B) Each state institution of higher education shall establish competitive bidding
procedures for the purchase of printed material and shall award
all such contracts for the purchase of printed material in accordance with such those procedures.
Notwithstanding any other provision of law, The procedures shall require the institution to evaluate all bids received for all contracts for the purchase of
printed material shall be let by an institution to vendors who
have manufacturing facilities within this state, except as
provided in division (C) of this section.
(C) If the required printed products are not available
from a vendor who has manufacturing facilities within this state,
the institution shall be permitted to purchase from an
out-of-state vendor.
(D) No vendor with manufacturing facilities within this
state who would execute the printing covered by the proposal
shall be prohibited from submitting a proposal for consideration
and any such proposal properly submitted shall be considered in accordance with the criteria and procedures established pursuant to divisions (C)(1) and (2) of section 125.09 of the Revised Code for determining whether bidders will produce the printed material at manufacturing facilities within this state or in accordance with the criteria and procedures established pursuant to division (C)(4) or (5) of that section for determining whether bidders are otherwise qualified.
An institution shall select, in accordance with the procedures it establishes under this section, a bid from among bidders that fulfill the criteria specified in the applicable divisions of section 125.09 of the Revised Code where sufficient competition can be generated within this state to ensure that compliance with this requirement will not result in paying an excessive price or acquiring a disproportionately inferior product. If there are two or more bids from among those bidders, it shall be deemed that there is sufficient competition to prevent paying an excessive price or acquiring a disproportionately inferior product.
Sec. 3345.19. In the exercise of their respective powers
of
government conferred by Chapter 3345. of the Revised Code and
other pertinent provisions of law, the boards of trustees of
Bowling Green state university, Kent state university, Miami
university, Ohio university, and the Ohio state university shall
observe the following enrollment limitations insofar as the
autumn
quarter enrollment or any other quarter enrollment on a
full-time
equivalent basis as defined by the Ohio board of
regents is
concerned:
|
Bowling Green central campus |
|
17,000 |
|
Kent central campus |
|
22,000 |
|
Miami central campus |
|
17,000 |
|
Ohio university central campus |
|
22,000 |
|
The Ohio state central campus |
|
42,000 |
Campus student housing facilities shall only be authorized
by
boards of trustees within these limitations.
Sec. 3345.32. (A) As used in this section:
(1) "State university or college" means the institutions
described in section 3345.27 of the Revised Code, the
northeastern Ohio universities college of medicine, and the
medical university of Ohio at Toledo.
(2) "Resident" has the meaning specified by rule of the
Ohio board of regents.
(3) "Statement of selective service status" means a
statement certifying one of the following:
(a) That the individual filing the statement has
registered with the selective service system in accordance with
the "Military Selective Service Act," 62 Stat. 604, 50 U.S.C.
App. 453, as amended;
(b) That the individual filing the statement is not
required to register with the selective service for one of the
following reasons:
(i) The individual is under eighteen or over twenty-six
years of age;
(ii) The individual is on active duty with the armed forces
of the United States other than for training in a reserve or national
guard unit;
(iii) The individual is a nonimmigrant alien lawfully in the
United States in accordance with section 101 (a)(15) of the
"Immigration and Nationality Act," 8 U.S.C. 1101, as amended;
(iv) The individual is not a citizen of the United States
and is a
permanent resident of the Trust Territory of the Pacific Islands
or the Northern Mariana Islands.
(4) "Institution of higher education" means any eligible
institution approved by the United
States department of education pursuant to the "Higher
Education Act
of 1965," 79 Stat. 1219, as amended, or any institution
whose
students are eligible for financial assistance under any of the
programs described by division (E) of this section.
(B) The Ohio board of regents shall, by rule, specify the
form of statements of selective service status to be filed in
compliance with divisions (C) to (F) of this section. Each
statement of selective service status shall contain a section
wherein a male student born after December 31, 1959, certifies
that the student has registered with the selective service
system in
accordance with the "Military Selective Service Act," 62 Stat.
604, 50 U.S.C. App. 453, as amended. For
those students not required to register with the selective
service, as specified in divisions (A)(2)(b)(i) to (iv) of this
section, a section shall be provided on the statement of
selective service status for the certification of nonregistration
and for an explanation of the reason for the exemption. The
board of regents may require that such statements be accompanied
by documentation specified by rule of the board.
(C) A state university or college that enrolls in any
course, class, or program a male student born after December 31,
1959, who has not filed a statement of selective service status
with the university or college shall, regardless of the student's
residency, charge the student any tuition surcharge charged
students who are not residents of this state.
(D) No male born after December 31, 1959, shall be
eligible to receive any loan, grant, scholarship, or other
financial assistance for educational expenses under section
3315.33, 3333.12, 3333.122, 3333.21, 3333.22, 3333.26, 3333.27, 5910.03,
5910.032, or 5919.34 of the Revised Code unless that person
has filed a statement of selective service status with that
person's institution of higher education.
(E) If an institution of higher education receives a
statement from an individual certifying that the individual
has registered with the selective service system in accordance with the
"Military Selective Service Act," 62 Stat. 604, 50 U.S.C. App.
453, as amended or that the individual is exempt from
registration for a
reason other than that the individual is under eighteen years
of age, the institution shall not require the individual to file any further
statements. If it receives a statement certifying that the
individual is not required to register because the individual
is under eighteen years of age, the institution shall require the
individual to file a new statement of selective service status
each time the individual seeks to enroll for a new academic
term or makes
application for a new loan or loan guarantee or for any form of
financial assistance for educational expenses, until it receives
a statement certifying that the individual has registered with
the selective service system or is exempt from registration for a
reason other than that the individual is under eighteen years
of age.
Sec. 3353.01. As used in sections 3353.01 to 3353.05 of
the Revised Code this chapter:
(A) "Educational television or radio" means television or
radio programs which serve the educational needs of the community
and which meet the requirements of the federal communications
commission for noncommercial educational television or radio.
(B) "Educational telecommunications network"
means a system of
connected educational television, radio, or radio reading service
facilities and coordinated programs established and operated or
controlled by the eTech Ohio educational
telecommunications network
commission, pursuant to sections 3353.01 to 3353.04 of the
Revised Code this chapter.
(C) "Transmission" means the sending out of television,
radio, or radio reading service programs, either directly to the
public, or to broadcasting stations or services for simultaneous
broadcast or rebroadcast.
(D) "Transmission facilities" means structures, equipment,
material, and services used in the transmission of educational
television, radio, or radio reading service programs.
(E) "Interconnection facilities" means the equipment,
material, and services used to link one location to another
location or to several locations by means of telephone line,
coaxial cable, microwave relays, or other available technologies.
(F) "Broadcasting station" means a properly licensed
noncommercial educational television or radio station,
appropriately staffed and equipped to produce programs or lessons
and to broadcast programs.
(G) "Production center" means a television, radio, or
radio reading service production studio, staffed and equipped
with equipment, material, and supplies necessary to produce a
program or a lesson for broadcast or for recording on film, video
tape, or audio tape.
(H) "Radio reading service" means a nonprofit organization
that disseminates news and other information to blind and
physically handicapped persons.
(H) "Affiliate" means an educational telecommunication entity, including a television or radio broadcasting station or radio reading service.
Sec. 3353.02. (A) There is hereby created the eTech Ohio commission as an independent agency to advance education and accelerate the learning of the citizens of this state through technology. The commission shall provide leadership and support in extending the knowledge of the citizens of this state by promoting access to and use of all forms of educational technology, including educational television and radio, radio reading services, broadband networks, videotapes, compact discs, digital video on demand (DVD), and the internet. The commission also shall administer programs to provide financial and other assistance to school districts and other educational institutions for the acquisition and utilization of educational technology.
The commission is a body corporate and politic, an agency of the state performing essential governmental functions of the state.
(B) The commission shall consist of thirteen members, nine of whom shall be voting members. Six of the voting members shall be representatives of the public. Of the representatives of the public, four shall be appointed by the governor with the advice and consent of the senate, one shall be appointed by the speaker of the house of representatives, and one shall be appointed by the president of the senate. The superintendent of public instruction or a designee of the superintendent, the chancellor of the Ohio board of regents or a designee of the chancellor, and the director of administrative services or a designee of the director shall be ex officio voting members. Of the nonvoting members, two shall be members of the house of representatives appointed by the speaker of the house of representatives and two shall be members of the senate appointed by the president of the senate. The members appointed from each chamber shall not be members of the same political party.
(C) Initial terms of office for members appointed by the governor shall be one year for one member, two years for one member, three years for one member, and four years for one member. At the first meeting of the commission, members appointed by the governor shall draw lots to determine the length of the term each member will serve. Thereafter, terms of office for members appointed by the governor shall be for four years. Terms of office for voting members appointed by the speaker of the house of representatives and the president of the senate shall be for four years. Any member who is a representative of the public may be reappointed by the member's respective appointing authority, but no such member may serve more than two consecutive four-year terms. Such a member may be removed by the member's respective appointing authority for cause.
Any legislative member appointed by the speaker of the house of representatives or the president of the senate who ceases to be a member of the legislative chamber from which the member was appointed shall cease to be a member of the commission. The speaker of the house of representatives and the president of the senate may remove their respective appointments to the commission at any time.
(D) Vacancies among appointed members shall be filled in the manner provided for original appointments. Any member appointed to fill a vacancy occurring prior to the expiration of the term for which the member's predecessor was appointed shall hold office for the remainder of that term. Any appointed member shall continue in office subsequent to the expiration of that member's term until the member's successor takes office or until a period of sixty days has elapsed, whichever occurs first.
(E) Members of the commission shall serve without compensation. The members who are representatives of the public shall be reimbursed, pursuant to office of budget and management guidelines, for actual and necessary expenses incurred in the performance of official duties.
(F) The governor shall appoint the chairperson of the commission from among the commission's voting members. The chairperson shall serve a term of two years and may be reappointed. The commission shall elect other officers as necessary from among its voting members and shall prescribe its rules of procedure.
(G) The commission shall establish advisory groups as needed to address topics of interest and to provide guidance to the commission regarding educational technology issues and the technology needs of educators, learners, and the public. Members of each advisory group shall be appointed by the commission and shall include representatives of individuals or organizations with an interest in the topic addressed by the advisory group.
Sec. 3353.03. (A) The eTech Ohio commission shall appoint an executive director, who shall serve at the pleasure of the commission. The executive director shall have no authority other than that provided by law or delegated to the executive director by the commission. The executive director shall do all of the following:
(1) Direct commission employees in the administration of all programs of the commission;
(2) Provide leadership and support in extending the knowledge of the citizens of this state by promoting equal access to and use of all forms of educational technology, as directed by the commission;
(3) Provide financial and other assistance to school districts and other educational institutions, affiliates, and, if approved by the commission, educational technology organizations for the acquisition and utilization of educational technology;
(4) Implement policies and directives issued by the commission;
(5) Perform other duties authorized by the commission.
(B) The commission shall fix the compensation of the executive director. The executive director shall employ and fix the compensation for such employees as necessary to facilitate the activities and purposes of the commission. The employees shall serve at the pleasure of the executive director.
(C) The employees of the commission shall be placed in the unclassified service.
(D)(1) Except as provided in division (D)(2) of this section, the employees of the commission shall be exempt from Chapter 4117. of the Revised Code and shall not be public employees as defined in section 4117.01 of the Revised Code.
(2) All employees of the commission who transferred to the commission from one of the commission's predecessor agencies upon the commission's creation and, when employed by the predecessor agency were included in a bargaining unit established under Chapter 4117. of the Revised Code, shall continue to be included in that bargaining unit, are public employees as defined in section 4117.01 of the Revised Code, and may collectively bargain with the commission in accordance with that chapter. Otherwise, any employee hired by the commission after the effective date of this section, either to fill vacancies or to fill new positions, shall be exempt from Chapter 4117. of the Revised Code and shall not be public employees as defined in section 4117.10 of the Revised Code.
Sec. 3353.04. (A) The eTech Ohio educational
telecommunications network commission
may perform any act necessary to carry out the functions of this chapter, including any of the following:
(A) (1) Make grants to institutions and other organizations as prescribed by the general assembly for the provision of technical assistance, professional development, and other support services to enable school districts, community schools established under Chapter 3314. of the Revised Code, other educational institutions, and affiliates to utilize educational technology;
(2) Establish a reporting system for school districts, community schools, other educational institutions, affiliates, and educational technology organizations that receive financial assistance from the commission. The system may require the reporting of information regarding the manner in which the assistance was expended, the manner in which the equipment or services purchased with the assistance is being utilized, the results or outcome of the utilization, the manner in which the utilization is compatible with the statewide academic standards adopted by the state board of education pursuant to section 3301.079 of the Revised Code, and any other information determined by the commission.
(3) Ensure that, where appropriate, products produced by any entity to which the commission provides financial assistance for use in elementary and secondary education are aligned with the statewide academic standards adopted by the state board pursuant to section 3301.079 of the Revised Code;
(4) Promote accessibility to educational products aligned with the statewide academic standards, adopted by the state board pursuant to section 3301.079 of the Revised Code, for school districts, community schools, and other entities serving grades kindergarten through twelve;
(5) Own and or operate transmission facilities and interconnection facilities, or contract for transmission
facilities and interconnection facilities, for an educational
television, radio, or radio reading service network;
(B)(6) Establish standards for interconnection facilities
used by the commission in the transmission of educational television, radio, or
radio reading service programming by the commission;
(C) (7) Enter into agreements with noncommercial educational
television or radio broadcasting stations or radio reading
services for the transmission to the broadcasting stations or
services of identical programs for broadcasting either
simultaneously or through the use of transcription discs, video
tapes, film, or audio tapes operation of the interconnection;
(D)(8) Enter into agreements with noncommercial educational
television, radio, or radio reading service production centers
and with broadcasting stations and or radio reading services for the
production and use of educational television, radio, or radio
reading service programs to be transmitted by the educational
telecommunications network;
(E)(9) Execute contracts and other agreements necessary and
desirable to carry out the purposes of sections 3353.01 to
3353.04 of the Revised Code this chapter and other duties prescribed to the commission by law or authorize the executive director of the commission to execute such contracts and agreements on the commission's behalf;
(F) Determine programs to be distributed through the Ohio
educational telecommunications network;
(G)(10) Act as consultant with educational television and
educational radio stations and radio reading services toward
coordination within the state of the distribution of federal
funds that may become available for the development of
equipment for educational broadcasting or radio reading services;
(H)(11) Make payments to noncommercial Ohio educational
television or radio broadcasting stations or radio reading
services to sustain the operation of such stations or services,
and may consign equipment to them in exchange for services
rendered;
(12) In consultation with participants in programs administered by the commission, establish guidelines governing purchasing and procurement that facilitate the timely and effective implementation of such programs;
(13) In consultation with participants in programs administered by the commission, consider the efficiency and cost savings of statewide procurement prior to allocating and releasing funds for such programs;
(14) In consultation with participants in programs administered by the commission, establish a systems support network to facilitate the timely implementation of the programs and other projects and activities for which the commission provides assistance.
(B) Chapters 123., 124., 125., and 153. of the Revised Code and sections 9.331, 9.332, and 9.333 of the Revised Code do not apply to contracts, programs, projects, or activities of the commission.
Sec. 3353.06. (A) The affiliates services fund is hereby created
in the state treasury. The eTech Ohio educational telecommunications
network commission shall deposit any money it receives for services provided to affiliates to the
credit of the fund, including:
(1) Reimbursements for services provided to stations;
(2) Charges levied for maintenance of telecommunications,
broadcasting, or transmission equipment;
(3) Contract or grant payments from affiliates.
(B) The commission shall use money credited to the affiliates
services fund for any commission operating purposes, including:
(1) The purchase, repair, or maintenance of telecommunications,
broadcasting, or transmission equipment;
(2) The purchase or lease of educational programming;
(3) The purchase of tape and maintenance of a media library;
(4) Professional development programs and services;
(5) Administrative expenses and legal fees.
Sec. 3353.07.
(A) As used in this section,
"broadcasting
station" has the same meaning as in section 3353.01
of the Revised
Code.
(B) Ohio government telecommunications shall be
funded
through the eTech Ohio educational telecommunications network
commission
and shall be managed by a broadcasting station under a contract.
The contract shall not take effect until the program committee of
Ohio government telecommunications approves the contract. The
broadcasting station shall manage the staff of Ohio government
telecommunications.
(C)(B)(1) There is hereby created the program committee of Ohio
government telecommunications
that
shall consist of the president
of the
senate, speaker of the house of representatives, minority
leader
of the senate, and minority leader of the house of
representatives, or their designees. By a vote of a majority of
its members, the program committee may add additional members to
the committee.
(2) The program committee shall adopt rules that govern the
operation of Ohio government telecommunications and
the coverage
and distribution of official governmental activities by Ohio
government telecommunications.
Sec. 3354.25. (A) The provisions of this section prevail over conflicting provisions of this chapter; however, except as provided in this section, the community college district and its board of trustees created by this section shall comply with the provisions of this chapter.
(B)(1) The territory of Warren county is hereby added to the territory of the community college district of Montgomery county, creating the Warren county Montgomery county community college district and replacing the former community college district of Montgomery county. The district created in this section may be known as and operate under the name of the Sinclair community college district.
(2) The community college district created by this section shall be divided into separate taxing subdistricts, one consisting of the territory of Warren county, and another consisting of the territory of Montgomery county.
Taxes for the benefit of the community college district shall be levied and the benefits from the revenues of those taxes shall be apportioned among the subdistricts only in accordance with this section.
(C) The board of trustees of the two-county community college district created by this section shall consist of eleven members.
(1) Nine members of the board of trustees shall be residents of Montgomery county. The initial Montgomery county members shall be the same members of the board of trustees of the former community college district of Montgomery county, as it existed prior to the effective date of this section, whose terms shall expire and whose successors shall be appointed as they would have otherwise under division (B) of section 3354.05 of the Revised Code.
(2) Two members of the board of trustees shall be residents of Warren county, one of whom shall be appointed by the board of county commissioners of Warren county, and one of whom shall be appointed by the governor with the advice and consent of the senate. Each of the initial appointments under division (C)(2) of this section shall be made within ninety days after the effective date of this section. At the time of the initial meeting of the trustees of the community college district created by this section, a drawing among the Warren county appointees shall be held to determine the initial term of each appointee, one trustee to serve for a term ending three years after the expiration date of the Montgomery county trustee's term that is the first to expire after the effective date of this section, and the other trustee to serve for a term ending five years after the expiration date of the Montgomery county trustee's term that is the first to expire after the effective date of this section. Thereafter, the successive terms of the Warren county members of the board of trustees shall be for five years, each term ending on the same day of the same month of the year as did the term which it succeeds. Each trustee shall hold office from the date of the trustee's appointment until the end of the term for which appointed. Any trustee appointed to fill a vacancy occurring prior to the expiration of the term for which the trustee's predecessor was appointed shall hold office for the remainder of that term. Any trustee shall continue in office subsequent to the expiration date of the trustee's term until the trustee's successor takes office, or until a period of sixty days has elapsed, whichever occurs first.
(D) The board of trustees of the community college district created by this section shall continue to comply with division (G) of section 3354.09 of the Revised Code, regarding tuition for students who are residents of Ohio but not of the district, and for students who are nonresidents of Ohio. The tuition rate shall be based on the student's county of residence and shall apply to all Sinclair community college classes in all Sinclair community college locations. Except as provided in division (G)(2) of this section, students who are residents of Warren county shall continue to be charged tuition at the same rate as Ohio residents who are not residents of the district.
(E)(1) Unless the conditions prescribed in division (F) of this section are satisfied, the trustees from each respective county of the community college district created by this section shall have no vote on any of the following matters pertaining to the other county:
(b) The expenditure of revenue from tax levies;
(c) Levy-subsidized tuition rates.
(2) As long as either of the conditions prescribed in division (F)(1) or (2) of this section are satisfied, each member of the board of trustees shall have full voting rights on all matters coming before the board.
(3) At all times, on any matter related to community college programming or facilities within one county or the other, both of the following are necessary:
(a) The affirmative vote of a majority of the full membership of the board of trustees;
(b) The affirmative vote of at least fifty per cent of the trustees from the affected county.
(4) If the millage rate of the Warren county tax levy described in division (F) of this section is subsequently reduced by a vote of the electors of Warren county to the extent that it no longer satisfies a condition prescribed in either division (F)(1) or (2) of this section, the voting restrictions prescribed in division (E)(1) of this section again apply to the board effective on the first day of the tax year that begins after the reduction is approved by the electors.
(F) The voting restrictions of division (E)(1) of this section apply until the electors of Warren county approve a tax levy, in accordance with division (G)(3) of this section, equivalent to the tax levy approved by the electors of Montgomery county for the support of the former community college district of Montgomery county prior to the effective date of this section. For this purpose, an equivalent tax levy is a tax levied in Warren county that either:
(1) In the first tax year for which the tax is collected, yields revenue per capita equal to or greater than the yield per capita of levies of the community college district in effect that tax year in Montgomery county, as jointly determined by the county auditors of Montgomery and Warren counties;
(2) In the first tax year for which the tax is collected, imposes a millage rate that is equal to or greater than the effective tax rate of levies of the community college district in effect that tax year in Montgomery county, as jointly determined by the county auditors of Montgomery and Warren counties.
As used in division (F)(2) of this section, "effective tax rate" means the quotient obtained by dividing the total taxes charged and payable for the taxing subdistrict for a tax year, after the reduction prescribed by section 319.301 of the Revised Code but before the reduction prescribed by section 319.302 or 323.152 of the Revised Code, by the taxable value for the taxing subdistrict for that tax year.
(G)(1) The board of trustees may propose to levy a tax on taxable property in Montgomery county to be voted on by the electors of Montgomery county as provided in division (G)(3) of this section. Any money raised by a tax levied by the former community college district of Montgomery county or a subsequent tax levied in Montgomery county in accordance with division (G)(3) of this section shall be used solely for the benefit of Montgomery county residents attending Sinclair community college in the form of student tuition subsidy, student scholarships, and instructional facilities, equipment and support services located within Montgomery county, shall be deposited into a separate fund from all other revenues of the district, and shall be budgeted separately.
(2) The board of trustees may propose to levy a tax on taxable property in Warren county to be voted on by electors of Warren county as provided in division (G)(3) of this section. Any money raised by the tax shall be used solely for the benefit of Warren county residents attending Sinclair community college in the form of student tuition subsidy, student scholarships, and instructional facilities, equipment and support services located within Warren county, shall be deposited into a separate fund from all other revenues of the district, and shall be budgeted separately. If the tax is approved in accordance with division (G)(3)(c) of this section, the board of trustees may adjust the rate of tuition charged to Warren county residents commensurate with the amount of that tax the board of trustees dedicates for instructional and general services provided to Warren county residents.
(3) For each taxing subdistrict of the community college district created by this section, the board of trustees may propose to levy a tax in accordance with the procedures prescribed in section 3354.12 of the Revised Code, except as provided in divisions (G)(3)(a) to (c) of this section.
(a) Wherein section 3354.12 of the Revised Code the terms "district" and "community college district" are used, those terms shall be construed to mean the appropriate taxing subdistrict described in division (B)(2) of this section, except that the "board of trustees of the community college district" means the board of trustees for the entire community college district as described in division (C) of this section. That board of trustees may propose separate levies for either of the two taxing subdistricts.
(b) "Tax duplicate," as used in section 3354.12 of the Revised Code, means the tax duplicate of only the appropriate taxing subdistrict and not the tax duplicate of the entire community college district.
(c) The resolution of the board of trustees proposing a tax levy in the Warren county taxing subdistrict is subject to approval of a two-thirds vote of the board of county commissioners of Warren county. If so approved by the board of county commissioners of Warren county, that board shall certify the resolution to the Warren county board of elections, which shall place on the ballot for the electors of Warren county the question of levying the tax proposed in the resolution on all taxable property of the county. If approved by the electors of the county, the tax shall be levied as provided in section 3354.12 of the Revised Code and anticipation notes may be issued by the board of trustees in accordance with that section.
(H)(1) The board of trustees of the community college district created by this section may issue bonds in accordance with section 3354.11 of the Revised Code; however, the board may limit the question of approval of the issue of those bonds to the electors of only one of the two taxing subdistricts described in division (B)(2) of this section, in which case the board also may limit the use of the property or improvements to the residents of that subdistrict.
(2) A resolution of the board of trustees proposing the issuance of bonds for only the Warren county taxing subdistrict is subject to approval of a two-thirds vote of the board of county commissioners of Warren county. If so approved by the board of county commissioners of Warren county, that board shall certify the resolution to the Warren county board of elections which shall place on the ballot for the electors of Warren county the question of issuing bonds as proposed in the resolution.
Sec. 3362.02. The board of trustees of Shawnee state
university shall annually elect from their members a chairman
chairperson and
vice-chairman vice-chairperson; and they may also appoint a
secretary of the
board, a treasurer, and such other officers of the university as
the interests of the university require, who may be members of
the board. The treasurer, before entering upon the discharge of
his official duties, shall give bond to the state or be insured for the
faithful
performance of his the treasurer's duties and the proper
accounting for all
moneys coming into his the treasurer's care. The amount of said
bond or insurance shall be
determined by the board, but shall not be for a sum less than the
estimated amount which may come into the treasurer's sole control at
any time, less any reasonable deductible. Said bond shall be approved by the attorney general.
Sec. 3365.01. As used in sections 3365.01 to 3365.10 of
the
Revised Code this chapter:
(A) "College" means any state-assisted college or
university
described in section 3333.041 of the Revised Code, any
nonprofit
institution holding a certificate of authorization
pursuant to
Chapter 1713. of the Revised Code,
any private institution exempt
from regulation under Chapter 3332. of the Revised Code as
prescribed in section 3333.046 of the
Revised Code, and any
institution holding a certificate of
registration from the state
board of
career colleges and
schools and program
authorization
for an associate or
bachelor's
degree program
issued under section
3332.05 of the
Revised Code.
(B) "School district," except as specified in division (G)
of this section, means any school district to which a
student is
admitted under section 3313.64, 3313.65, 3313.98, or
3317.08 of
the Revised Code and does not include a joint
vocational or
cooperative education school district.
(C) "Parent" has the same meaning as in section 3313.64 of
the Revised Code.
(D) "Participant" means a student enrolled in a college
under the post-secondary enrollment options program established
by
this chapter.
(E) "Secondary grade" means the ninth through twelfth
grades.
(F) "School foundation payments" means the amount required
to be paid to a school district for a fiscal year under Chapter
3317. of the Revised Code.
(G) "Tuition base" means, with respect to a participant's
school district, the greater of the following:
(1) The fiscal year 2005 formula amount defined in
division (B) of
section 3317.02 of
the Revised Code multiplied by the district's fiscal year 2005 cost-of-doing-business factor defined in division
(N) of that section
3317.02 of the Revised Code. The;
(2)
The sum of (the current formula amount times the current cost-of-doing-business factor defined in section 3317.02 of the Revised Code) plus the per pupil amount of the base funding supplements specified in divisions (C)(1) to (4) of section 3317.012 of the Revised Code.
The participant's "school
district"
in the case of a participant enrolled in a community school shall
be
the school district in which the student is entitled to attend
school under
section 3313.64 or 3313.65 of the Revised Code.
(H) "Educational program" means enrollment in one or more
school districts, in a nonpublic school, or in a college under
division (B) of section 3365.04 of the Revised Code.
(I) "Nonpublic school" means a chartered or nonchartered
school for
which
minimum standards are prescribed by the state
board of education
pursuant to division (D) of section 3301.07 of
the Revised Code.
(J) "School year" means the year beginning on the first
day
of July and ending on the thirtieth day of June.
(K) "Community school" means any school established pursuant
to
Chapter 3314. of the Revised Code that includes secondary
grades.
(L) "Community school payments" means payments made by the
department of education to a community school pursuant to division
(D) of section 3314.08 of the Revised Code.
Sec. 3365.02. There is hereby established the
post-secondary enrollment options program under which a secondary
grade student who is a resident of this state may enroll at a college, on a full- or part-time
basis, and complete nonsectarian courses for high school and
college credit. The purpose of the program is to provide enriched education opportunites to secondary grade students that are beyond the opportunities offered by the high school in which they are enrolled.
Secondary grade students in a nonpublic school may
participate in the post-secondary enrollment options program if
the chief administrator of such school notifies the department of
education by the first day of April prior to the school year in
which the school's students will participate.
The state board of education, after consulting with the
board of regents, shall adopt rules governing the program. The
rules shall include:
(A) Requirements for school districts, community
schools, or participating
nonpublic schools to provide information about the program prior
to the first day of March of each year to all students enrolled
in grades eight through eleven;
(B) A requirement that a student or the student's parent
inform the
district board of education, the governing authority of a community
school, or the nonpublic school administrator
by the thirtieth day of March of the student's intent to
participate in the program during the following school year. The
rule shall provide that any student who fails to notify a
district board, the governing authority of a community
school, or the nonpublic school administrator by the
required date may not participate in the program during the
following school year without the written consent of the district
superintendent, the governing authority of a community
school, or the nonpublic school administrator.
(C) Requirements that school districts and community schools provide
counseling
services to students in grades eight through eleven and
to
their
parents before the students participate in the program under this
chapter to ensure that students and parents are fully aware of
the possible risks and consequences of participation. Counseling
information shall include without limitation:
(2) The process for granting academic credits;
(3) Financial arrangements for tuition, books, materials,
and fees;
(4) Criteria for any transportation aid;
(5) Available support services;
(7) The consequences of failing or not completing a course
in which the student enrolls and the effect of the grade attained
in the course being included in the student's grade point
average, if applicable;
(8) The effect of program participation on the student's
ability to complete the district's, community school's,
or nonpublic school's
graduation requirements;
(9) The academic and social responsibilities of students
and parents under the program;
(10) Information about and encouragement to use the
counseling services of the college in which the student intends
to enroll.
(D) A requirement that the student and the student's parent
sign a
form, provided by the school district or school, stating that they have
received the counseling required by division (C) of this section
and that they understand the responsibilities they must assume in
the program;
(E) The options required by section 3365.04 of the Revised
Code;
(F) A requirement that a student may not enroll in any
specific college course through the program if the student has taken high
school courses in the same subject area as that college course and has failed
to attain a cumulative grade point average of at least 3.0 on a 4.0 scale, or
the equivalent, in such completed high school courses;
(G) A requirement that a student or the student's parent will reimburse the state for the amount of state funds paid to a college for a course in which the student is enrolled under this chapter if the student does not attain a passing final grade in that course.
Sec. 3365.04. The rules adopted under section 3365.02 of
the Revised Code shall provide for students to enroll in courses
under either of the following options:
(A) The student may elect at the time of enrollment to
receive only college credit for be responsible for payment of all tuition and the cost of all textbooks, materials, and fees associated with the course. The college shall
notify the student about payment of tuition and fees in the
customary manner followed by the college, and the student shall
be responsible for payment of all tuition and the cost of all
textbooks, materials, and fees associated with the course. If
A student electing this option also shall elect, at the time of enrollment, whether to receive only college credit or high school credit and college credit for the course.
(1) The student may elect to receive only college credit for the course. Except as provided in section 3365.041 of the Revised Code, if the student successfully completes the course, the college shall
award the student full credit for the course, but the board
of education, community school governing authority,
or nonpublic participating school shall not award the high
school
credit.
(2) The student may elect to receive both high school credit and college credit for the course. Except as provided in section 3365.041 of the Revised Code, if the student successfully completes the course, the college shall award the student full credit for the course and the board of education, community school governing authority, or nonpublic school shall award the student high school credit.
(B) The student may elect at the time of enrollment for
each course to receive both have the college credit and high school
credit reimbursed under section 3365.07 of the Revised Code. Except as provided in section 3365.041 of the
Revised Code, if the student successfully completes the
course, the
college shall award the student full credit for the course,
the board
of education, community school governing authority, or nonpublic school shall award the student
high school
credit, and the college
shall be
reimbursed in accordance with section 3365.07 of the Revised
Code.
When determining a school district's formula ADM
under
section
3317.03 of the Revised Code, the time a participant is attending
courses under division (A) of this section shall be considered as
time the participant is not attending or enrolled in school
anywhere, and the time a participant is attending courses under
division (B) of this section shall be considered as time the
participant is attending or enrolled in the district's schools.
Sec. 3365.041. (A) When a school district superintendent or governing
authority of a community school expels
a student under division (B) of section 3313.66 of the
Revised
Code, the district superintendent or board shall send a written notice
of the
expulsion to any college in which the expelled student is
enrolled under section 3365.03 of the Revised Code at the
time the
expulsion is imposed. The notice shall indicate the date the
expulsion is scheduled to expire. The notice also shall indicate
whether the district board of education or community school governing
authority has adopted a policy under
section 3313.613 of the Revised Code to deny high school
credit
for post-secondary courses taken during an expulsion. If the expulsion is
extended under division (F) of section 3313.66 of the
Revised Code, the district
superintendent or governing authority shall notify the college of the
extension.
(B) A college may withdraw its acceptance under
section 3365.03 of the Revised Code of a student who is
expelled from
school under division (B) of section 3313.66 of the Revised
Code. As provided in section 3365.03 of the Revised
Code, regardless of
whether the college withdraws its acceptance of the student for the college
term in which the student is expelled, the student is
ineligible to enroll in a college under that section for
subsequent college terms during the period of the expulsion,
unless the student enrolls in another school district or community
school, or
participating nonpublic school during that period.
If a college withdraws its acceptance of an expelled student who
elected the either option of division (A)(1) or (2) of section 3365.04 of the
Revised Code, the college shall
refund tuition and fees paid by the student in the same proportion that it
refunds tuition and fees to students
who voluntarily withdraw from the college at the same time in the term.
If a college withdraws its acceptance of an expelled student who
elected the option of division (B) of section 3365.04 of the
Revised Code, the school district or community school
shall not award high school credit for the college courses in which the
student was enrolled at the
time the college withdrew its acceptance, and any reimbursement
under section 3365.07 of the Revised Code for the student's
attendance prior to the withdrawal
shall be the same as would be paid for a student who voluntarily withdrew from
the college at the same time in the term. If the withdrawal results in the
college's receiving no reimbursement, the
college may require the student to return or pay for the textbooks and
materials it provided the student free of charge under section
3365.08 of the Revised Code.
(C) When a student who elected the option of division
(B) of
section 3365.04 of the Revised Code is expelled under
division (B)
of section 3313.66 of the Revised Code from a school
district or community school that
has adopted a policy under section 3313.613 of the Revised
Code,
that election is automatically revoked for all college courses in which the
student is enrolled during the college term in which the
expulsion is imposed. Any reimbursement under section 3365.07 of
the Revised Code for the student's attendance prior to the
expulsion shall be the same as would
be paid for a student who voluntarily withdrew from the college at the same
time in the term. If the revocation results in the college's receiving no
reimbursement, the college may require the
student to return or pay for the textbooks and materials it provided the
student free of charge under section 3365.08 of the Revised
Code.
No later than five days after receiving an expulsion notice from
the superintendent of a district or the governing authority of a community
school that has adopted a policy under section
3313.613 of the Revised Code, the college shall send a
written
notice to the expelled student that the student's election of division
(B) of section 3365.04 of the Revised Code is
revoked. If
the college elects not to withdraw its acceptance of the student, the student
shall pay all applicable tuition and fees for the college courses and shall
pay for the
textbooks and materials that the college provided under section
3365.08 of the Revised Code.
Sec. 3365.05. High school credit awarded for courses
successfully completed under this chapter shall count toward the
graduation requirements and subject area requirements of the
school district, community school, or nonpublic school.
If a course comparable to
one a student completed at a college is offered by the district,
community school,
or nonpublic school, the board or school shall award comparable
credit for the course completed at the college. If no comparable
course is offered by the district, community school, or
nonpublic school, the board
or school shall grant an appropriate number of credits in a
similar subject area to the student.
If there is a dispute between a school district board or a community school
governing authority and a
student regarding high school credits granted for a course, the
student may appeal the board's or governing authority's decision to the
state board of
education. The state board's decision regarding any high school
credits granted under this division section is final.
Evidence of successful completion of each course and the
high school credits awarded by the district, community
school, or participating
nonpublic school shall be included in the student's record. The
record shall indicate that the credits were earned as a
participant under this chapter and shall include the name of the
college at which the credits were earned. The district board,
community school governing authority, or
nonpublic school shall determine whether and the manner in which
the grade achieved in a course completed at a college under
division (A)(2) or (B) of section 3365.04 of the Revised Code will be
counted in any cumulative grade point average maintained for the
student.
Sec. 3365.08. (A) A college that expects to receive or
receives reimbursement under section 3365.07 of the Revised Code
shall furnish to a participant all textbooks and materials
directly related to a course taken by the participant under
division (B) of section 3365.04 of the Revised Code. No college
shall charge such participant for tuition, textbooks, materials,
or other fees directly related to any such course.
(B) No student enrolled under this chapter in a course for
which credit toward high school graduation is awarded shall
receive
direct financial aid through any state or federal program.
(C) If a school district provides transportation for
resident school students in grades eleven and twelve under
section
3327.01 of the Revised Code, a parent of a pupil enrolled
in a
course under division (A)(2) or (B) of section 3365.04 of the Revised
Code
may apply to the board of education for full or partial
reimbursement for the necessary costs of transporting the student
between the secondary school the student attends and the
college
in which the student is enrolled. Reimbursement may
be paid
solely from funds received by the district under division
(D) of
section 3317.022
of the Revised Code. The state board of
education shall
establish guidelines, based on financial need,
under which a
district may provide such reimbursement.
(D) If a community school provides or arranges
transportation
for its
pupils in grades nine through twelve under
section 3314.091 of the
Revised Code, a parent of a pupil of the
community school
who is enrolled in a course under division (A)(2) or (B) of
section 3365.04 of
the
Revised
Code may apply to the governing
authority of the community school for
full or partial
reimbursement of the necessary costs of
transporting the student
between the community school and the
college. The governing
authority may pay the reimbursement in
accordance with the state
board's rules adopted under division (C)
of this section solely
from funds paid to it under section 3314.091 of the
Revised Code.
Sec. 3365.11. If the superintendent of the school district or the chief administrator of the community school or nonpublic school in which the student is enrolled notifies the superintendent of public instruction that the student has not attained a passing final grade in a college course in which the student is enrolled under this chapter, the superintendent of public instruction shall initiate proceedings to seek reimbursement from the student or the student's parent for the amount of state funds calculated for payment to the college on behalf of the student for enrollment in that college course. In seeking reimbursement, the superintendent of public instruction may request that the attorney general bring a civil action in the court of common pleas of the county in which the school district, community school, or nonpublic school is located, if the superintendent of public instruction determines it appropriate to bring such an action.
Upon the collection of any funds from a student or student's parent under this section, the superintendent of public instruction shall credit the amount collected to the school district or community school from which an amount was deducted under division (D) of section 3365.07 of the Revised Code for the course or, if the student is enrolled in a nonpublic school, to the general revenue fund.
Sec. 3375.40. Each board of library trustees appointed
pursuant to
section 3375.06, 3375.10, 3375.12, 3375.15, 3375.22,
or 3375.30 of the Revised Code may
do the following:
(A) Hold title to and have the custody of all real and
personal property of the free public library under its
jurisdiction;
(B) Expend for library purposes, and in the exercise of
the power enumerated in this section, all moneys, whether derived
from the county library and local government support fund or
otherwise, credited to the free public library under its
jurisdiction and generally do all things it considers necessary
for the establishment, maintenance, and improvement of the
free public
library under its jurisdiction;
(C) Purchase, lease, construct, remodel, renovate, or
otherwise improve, equip, and furnish buildings or parts of
buildings and other real property, and purchase, lease, or otherwise acquire
motor vehicles and other
personal property, necessary for the proper
maintenance and operation of the free public
library under its
jurisdiction, and pay
their costs
in installments or otherwise.
Financing of these costs may be provided through the issuance of notes,
through an installment sale, or through a lease-purchase agreement. Any such
notes shall be issued pursuant to section 3375.404 of the Revised Code.
(D) Purchase, lease, lease with an option to purchase, or
erect buildings or parts of buildings to be used as main
libraries, branch libraries, or library stations pursuant to
section 3375.41 of the Revised Code;
(E) Establish and maintain a main library, branches,
library stations, and traveling library service within the
territorial boundaries of the political subdivision or district over which
it has jurisdiction of free public library service;
(F)
Except as otherwise provided in this division, establish and maintain branches, library stations, and
traveling library service in any school district, outside the
territorial boundaries of the political subdivision or district over which
it has jurisdiction of free public library service, upon
application to and approval of the state library board, pursuant
to section 3375.05 of the Revised Code. The board of
library
trustees of any free public library maintaining branches,
stations, or traveling library service, outside the territorial
boundaries of the political subdivision or district over which it has
jurisdiction of free public library service, on September 4, 1947, may
continue to maintain and operate
those branches,
those stations, and
that
traveling library service without the approval of the state
library board.
(G) Appoint and fix the compensation of all of the
employees of the free public library under its jurisdiction, pay
the reasonable cost of tuition for any of its employees who
enroll in a course of study the board considers essential to the
duties of the employee or to the improvement of the employee's
performance, and reimburse applicants for employment for any
reasonable expenses they incur by appearing for a personal
interview;
(H) Make and publish rules for the proper operation and
management of the free public library and facilities under its jurisdiction,
including rules pertaining to the provision of library services
to individuals, corporations, or institutions that are not
inhabitants of the county;
(I) Assess uniform fees for the provision of services to patrons of the library, but no fee shall be assessed for the circulation of printed materials held by the library except for the assessment of fines for materials not returned in accordance with the board's rules;
(J) Establish and maintain a museum in connection with and
as an adjunct to the free public library under its jurisdiction;
(J)(K) By the adoption of a resolution, accept any bequest,
gift, or endowment upon the conditions connected with
the
bequest, gift, or endowment. No such bequest, gift, or
endowment shall be accepted by
the board if
its conditions
remove any portion of the free public library under
the board's
jurisdiction from the control of
the board or if
the
conditions, in any manner, limit the free use of
the library or
any part
of it by the residents of the counties in which
the
library is located.
(K)(L) At the end of any fiscal year, by a two-thirds vote of
its full membership, set aside any unencumbered surplus remaining
in the general fund of the
free public library under its jurisdiction for any
purpose, including creating or increasing a special building and
repair fund, or for operating the library or acquiring equipment
and supplies;
(L)(M) Procure and pay all or part of the cost of group term life,
hospitalization, surgical, major medical, disability benefit,
dental care, eye care, hearing aids, or prescription drug
insurance
or coverage, or a combination of any of
those types of
insurance or coverage, whether issued by an insurance company or
a health insuring corporation
duly licensed by the state, covering its employees, and, in the case of
group term life,
hospitalization, surgical, major medical, dental care, eye care, hearing aids,
or prescription drug insurance
or coverage, also covering the dependents and
spouses of
its employees, and, in the case of disability
benefits, also covering
the spouses of
its employees.
(M)(N) Pay reasonable dues and expenses for the free public library and library
trustees in library associations.
Any instrument by which real property is acquired pursuant to this section
shall identify the agency of the state that has the use and benefit of the
real property as specified in section 5301.012 of the Revised Code.
Section Sec. 3375.48. The judges of the court
of
common pleas
of any county in
which there is a A law library association which furnishes that receives fines and penalties, and moneys arising from forfeited bail, under sections 3375.50 to 3375.53 of the Revised Code shall furnish to all of the members
of the Ohio general assembly, the county officers of the county in which the association is located, and the judges of the
several courts in the that county admission to its the associations's law library and the use of its
books, materials, and equipment free of charge, upon the appointment by the. The association's board of trustees of such
association of may appoint a person to act as librarian thereof, or of a person to act as
librarian and not more than two additional persons to act as assistant law
librarians
thereof, of the law library. The board shall fix be responsible for fixing and paying the compensation of such those persons, which shall be paid from
the county treasury subject to section 3375.49 of the Revised Code.
Sec. 3375.49. For (A) Subject to divisions (B) and (C) of this section, for the use of the law library referred to
in section 3375.48 of the Revised Code, the board of county
commissioners shall provide, at the expense of the county,
suitable rooms with sufficient and suitable bookcases space in the
county courthouse or, if there are no suitable rooms in the
courthouse, any other suitable rooms at in any other building located in the county seat with
sufficient, and suitable bookcases utilities for that space. The
(B)(1) Subject to division (C) of this section, through calendar year 2006, the board of county commissioners shall be responsible for paying the compensation of the librarian and up to two assistant librarians of the law library appointed by the board of trustees of the law library association under section 3375.48 of the Revised Code and the costs of the space in the county courthouse or other building that the board provides for the use of the law library under division (A) of this section, the utilities for that space, and furniture and fixtures for the law library.
(2) In calendar years 2007 through 2010, the board of county commissioners and the board of trustees shall be responsible for paying the compensation of the librarian and up to two assistant librarians appointed under section 3375.48 of the Revised Code and the costs of the space in the county courthouse or other building that the board of county commissioners provides for the use of the law library under division (A) of this section, the utilities for that space, and furniture and fixtures for the law library as follows:
(a) In calendar year 2007, the board of county commissioners shall pay eighty per cent, and the board of trustees shall pay twenty per cent.
(b) In calendar year 2008, the board of county commissioners shall pay sixty per cent, and the board of trustees shall pay forty per cent.
(c) In calendar year 2009, the board of county commissioners shall pay forty per cent, and the board of trustees shall pay sixty per cent.
(d) In calendar year 2010, the board of county commissioners shall pay twenty per cent, and the board of trustees shall pay eighty per cent.
(3) Beginning in calendar year 2011 and thereafter, the board of trustees shall be responsible for paying the compensation of the librarian and all assistant librarians appointed under section 3375.48 of the Revised Code as well as the costs of the space in the county courthouse or other building that the board of county commissioners provides for the use of the law library under division (A) of this section, the utilities for that space, and the law library's furniture and fixtures.
(C) If the board of trustees of a law library association referred to in section 3375.48 of the Revised Code rents, leases, lease-purchases, or otherwise acquires space for the use of the law library, or constructs, enlarges, renovates, or otherwise modifies buildings or other structures to provide space for the use of the law library, the board of county commissioners of the county in which the association is located has no further obligation under division (A) of this section to provide space in the county courthouse or any other building located in the county seat for the use of the law library and utilities for that space, and has no further obligation under division (B) of this section to make payments for the compensation of the librarian and up to two assistant librarians of the law library appointed under section 3375.48 of the Revised Code and for the costs of space in the county courthouse or an other building for the use of the law library, the utilities for that space, and the law library's furniture and fixtures.
(D)
The librarian or person in
charge of the law library shall receive and safely keep in these
rooms the law library the law reports and other books furnished by the state for
use of the court and bar. The board of county commissioners
shall heat and light any such rooms. The
(E) The books, computer
communications console that is a means of access to a system of
computerized legal research, microform materials and equipment,
videotape materials and equipment, audio or visual materials and
equipment, other materials and equipment utilized in conducting
legal research, and furniture, and fixtures of the law library association that
are owned by, and used exclusively in, the law library are exempt
from taxation.
Sec. 3375.54. The money that is paid to the board of trustees of a law
library association under sections 3375.50 to 3375.53 of the Revised Code
shall be expended in the support and operation of the law library association
and; in the purchase, lease, or rental of lawbooks, a computer communications
console that is a means of access to a system of computerized legal research,
microform materials and equipment, videotape materials and equipment, audio or
visual materials and equipment, and other services, materials, and equipment
that provide legal information or facilitate utilized in conducting legal research, furniture, and fixtures used in the association's law library; and to pay the compensation of any librarian and assistant librarians of the law library appointed under section 3375.48 of the Revised Code.
Sec. 3375.55. Judges of the county court in the county and officers Officers of the
townships and municipal corporations therein in a county in which a law library association that receives fines and penalties, and moneys arising from forfeited bail, under sections 3375.50 to 3375.53 of the Revised Code is located shall have the same free use of
the books, materials, and equipment of the association's law library receiving moneys under sections 3375.50 to
3375.53, inclusive, of the Revised Code, as general assembly members and the judges and county officers mentioned in section 3375.48 of the Revised Code.
Sec. 3381.02. A regional arts and cultural district may be
created under section 3381.03 or 3381.04 of the Revised Code for
any of the following purposes: making grants to support the
operating or capital expenses of arts or cultural organizations
located within its district, or acquiring, constructing,
equipping, furnishing, repairing, remodeling, renovating,
enlarging, improving, or administering artistic or cultural
facilities. A regional arts and cultural district is a political
subdivision of the state and a body corporate, comprised of the
territory of a county, or two or more counties, municipal
corporations, townships, or any combination thereof, provided,
that if. If more than one county is in a regional arts and cultural
district, each county shall be contiguous to a county in its the
district;, and, provided also in the case of a combination of political subdivisions, that each municipal corporation or
township shall either be contiguous to a county, municipal
corporation, or township in its the regional arts and cultural district, or each municipal
corporation or township shall be located in a county that is
contiguous to a county in its the district.
Sec. 3381.04. (A) In lieu of the procedure set forth in
section 3381.03 of the Revised Code, any county
with a population of five hundred thousand or more may, at any
time prior to before the creation of a regional arts and cultural
district pursuant to under that section 3381.03 of the Revised Code, may create
a regional arts and cultural district by adoption of a resolution
or ordinance by the board of county commissioners of such that county.
Such The resolution shall state all of the following:
(A)(1) The purposes for the creation of the district;
(B)(2)
That the territory of the district shall be coextensive with the
territory of such the county;
(C)(3) The official name by which the district shall be
known;
(D)(4) The location of the principal office of the district
or the manner in which the location shall be selected.
(B) The district provided for in such the resolution or ordinance
shall be created upon the adoption of such the resolution or
ordinance by the board of county commissioners of such that county.
Upon the adoption of such the resolution or ordinance, such the county
and the municipal corporations and townships contained therein in the county
shall not thereafter be a part of any other regional arts and
cultural district.
(C) The board of trustees of any regional arts and cultural
district formed in accordance with this section shall be
comprised of three members appointed by the same persons who comprise such county's board of
county commissioners.
Sec. 3381.05. Within sixty days after a regional arts and
cultural district has been created under section 3381.03 of the
Revised Code, the board of trustees of the district shall be
appointed as provided in this section.
Members of a board of trustees of a regional arts and cultural district created by the
exclusive action of a county shall be appointed by the board of county
commissioners of such the county. A board of trustees of a district
created by two or more political subdivisions shall consist of
such the number of members, and shall be appointed by such the public
officers or bodies, as shall be provided in the resolutions or
ordinances creating such the district, or any amendments thereto to them.
All
All members of a board of trustees of a regional arts and
cultural district created under section 3381.03 of the Revised
Code shall be persons who have broad knowledge and experience in
the arts or cultural heritage and shall have other qualifications
as are specified in the resolution resolutions or ordinance ordinances creating the
district, or any amendments thereto to them; provided, that at least two
members of the board of trustees shall be persons who devote a major portion
of their time to practicing, performing, or teaching any of the
arts or who are professional administrators in any field of the
arts or cultural heritage, and the resolution resolutions or ordinance ordinances
creating such regional arts and cultural the district shall so
provide. All members of the board of trustees also shall be qualified electors in
the district's territory. The
The appointing authority shall
consider for appointment as members of the board of trustees, but
need not appoint, such persons as are nominated by area arts
councils, as defined in section 757.03 of the Revised Code,
located within the district; provided that all such those persons shall
meet the qualifications specified in this section and the
resolution resolutions or ordinance ordinances creating the district. The resolution resolutions or
ordinance ordinances creating the district may, but need not, provide that
the members of an area arts council located within the district
shall constitute the board of trustees of the district. The
The
appointing authority may, at any time, may remove a trustee member of the board of trustees for
misfeasance, nonfeasance, or malfeasance in office.
The initially appointed members of the board of trustees of any regional arts and cultural district created
under section 3381.03 of the Revised Code shall serve staggered
terms of one, two, and three years. Thereafter, each trustee member
shall serve terms a term of three years, except that any person
appointed to fill a vacancy shall be appointed to only the
unexpired term. Any appointed trustee member is eligible for
reappointment, except as otherwise provided in the resolution resolutions or
ordinance ordinances creating such the district, or any amendment thereto to them.
Sec. 3381.06. All the power and authority granted to a regional arts and
cultural district created under section 3381.03 or 3381.04 of the Revised Code
shall be vested in and exercised by its board of trustees, which shall manage
and conduct its affairs. The board shall, within the limitations of this
chapter, shall provide, by rules, the procedure for its actions, the manner of
selection of its president, vice-president, executive director, and other
officers and employees, their titles, terms of office, compensation, duties,
number, and qualifications, and any other lawful subject necessary or
desirable to the operation and administration of the district and the exercise
of the powers granted to it.
Sec. 3381.07. Upon the creation of a regional arts and
cultural district under section 3381.03 or 3381.04 of the Revised
Code and upon the qualifying of its board of trustees and the
election of a president and a vice-president, the district shall
exercise in its own name all the rights, powers, and duties
vested in and conferred upon it by this chapter. A regional arts
and cultural district:
(A) May sue or be sued in its corporate name;
(B) May
make contracts in the exercise of the rights, powers, and duties
conferred upon it;
(C) May adopt and alter a seal and use such that seal by
causing it to be impressed, affixed, reproduced, or otherwise
used, but failure to affix the seal shall not affect the validity
of any instrument;
(D) May make, adopt, amend, and repeal bylaws for the
administration of its affairs and rules for the administration
and operation of any artistic or cultural facilities under its
control and for the exercise of all of its rights of ownership
therein in those facilities, provided, however, that it may not be directly involved
in any programatic activities;
(E) May make grants, on such terms and conditions as it
may deem advisable, to any arts or cultural organization within
its district as provided in section 3381.17 of the Revised Code;
(F) May fix, alter, and collect rentals and other charges
for the use of any artistic or cultural facilities under its
control, to be determined exclusively by it for the purpose of
providing for the payment of the expenses of the district, the
acquisition, construction, equipping, improvement, extension,
repair, maintenance, renovation, enlargement, administration, and
operation of artistic or cultural facilities under its control, and
the payment of principal and interest on its obligations, and to
fulfill fulfilling the terms of any agreements made with the purchasers or
holders of any such obligations, or with any person or political
subdivision;
(G) Shall have jurisdiction, control, possession, and
supervision over the use and disposition of all property, rights,
licenses, moneys, contracts, accounts, liens, books, records, or
other property rights and interests conveyed, delivered,
transferred, or assigned to it;
(H) May acquire, construct, improve, extend, repair,
remodel, renovate, furnish, equip, enlarge, lease, or maintain
artistic or cultural facilities within its territory as it
considers necessary to accomplish the purposes of this chapter,
and make charges for the use of artistic or cultural facilities;
(I) May levy and collect taxes as provided in section
3381.16 of the Revised Code;
(J) May issue bonds secured by its general credit as
provided in section 3381.08 of the Revised Code;
(K) May hold, encumber, control, acquire by donation,
purchase, construct, own, lease as lessee or lessor, use, and
sell real and personal property, or any interest or right
therein in real or personal property, within or without its territory;
(L) May employ or retain and fix the compensation of such
employees, agent agents, accountants, attorneys, and consultants or
advisors as may be necessary or desirable for the accomplishment
of its purposes;
(M) May procure insurance against loss to it by reason of
damages to its properties resulting from fire, theft, accident,
or other casualties or by reason of its liability for any damages
to persons or property;
(N) May maintain such funds as it determines necessary or
desirable for the efficient performance of its duties;
(O) May procure a policy or policies insuring members of
its board of trustees, and its officers, employees, and agents,
against liability on account of damages or injury to persons and
property resulting from any act or omission of such person in his
the person's
official capacity or resulting solely out of his the person's
service to such the
district;
(P) May receive and expend gifts, grants, bequests, or
devices, or grants, including, but not limited to, grants of
public funds.
Sec. 3381.15. (A) The board of county commissioners of any county, the
legislative authority of any municipal corporation, and the board of township
trustees of any township, included within a regional arts and cultural
district may appropriate annually, from moneys to the credit of the general
fund of the county, the municipal corporation, or the township and not
otherwise appropriated, that portion of the expense of the district to be paid
by such the county, municipal corporation, or township as provided in the
resolution creating or enlarging the district adopted under section 3381.03 of
the Revised Code, or by any amendment thereto to the resolution.
(B) In addition to the authority granted to a board of county commissioners under division (A) of this section, a board of county commissioners in a county with a population of one million two hundred thousand or more may establish and provide local funding options for the support of arts and cultural organizations operating within the regional arts and cultural district in which the county is included.
Sec. 3383.02. (A) There is hereby created the Ohio cultural
facilities commission.
The commission shall engage in and provide for the development,
performance, and presentation or making available of culture and
professional sports and athletics to the public in this state, and
the provision of training or education in culture, by
the
exercise of its powers under this chapter, including the
provision, operation,
management, and cooperative use of Ohio
cultural facilities and
Ohio sports facilities. The commission
is a
body corporate and politic, an agency of
state government and an
instrumentality of the state, performing
essential governmental
functions of this state. The carrying out
of the purposes and the
exercise by the commission of its powers
conferred by this chapter
are essential public functions and
public purposes of the state
and of state government. The commission
may, in its own
name, sue
and be sued, enter into contracts, and perform all the
powers and
duties given to it by this chapter; however, it does not
have
and shall
not exercise the power of eminent domain.
(B) The commission shall consist of
ten twelve members,
seven nine of
whom shall be voting members and three of whom shall be
nonvoting
members. The
seven nine
voting members shall be
appointed by the
governor, with the advice
and consent of the
senate, from
different geographical regions of
the state.
In
addition, one of
the voting members shall represent the state
architect. Not more
than
four five
of the members appointed
by
the governor shall be
affiliated with
the same political party.
The nonvoting members
shall be the
staff director of the Ohio arts
council, a member of
the senate
appointed by the president of the
senate, and a member
of the
house of representatives appointed by
the speaker of the
house.
(C) Of the
five initial appointments made by the governor,
one
shall be for a term expiring December 31, 1989, two shall be
for
terms expiring December 31, 1990, and two shall be for terms
expiring December 31, 1991.
Of the initial appointments of the
sixth and seventh
voting members made by the governor, one shall be for a term expiring
December 31, 2003, and one shall be for a term expiring December
31, 2004. Of the initial appointments of the eighth and ninth voting members made by the governor, one shall be for a term expiring December 31, 2007, and one shall be for a term expiring December 31, 2008. These voting members shall be appointed within sixty days after the effective date of this amendment.
Thereafter, each such term shall be
for three years,
commencing on
the first day of January and
ending on the
thirty-first day of
December. Each appointment by
the president
of the senate and by
the speaker of the house of
representatives
shall be for the
balance of the then legislative
biennium. Each
member shall hold
office from the date of the
member's appointment
until the end of
the term for which the
member was appointed. Any
member appointed
to fill a vacancy occurring prior
to the
expiration of the term
for which the member's predecessor was
appointed
shall hold office
for the remainder of such term. Any
member
shall continue in
office subsequent to the expiration date
of
the member's term
until the member's successor takes
office, or
until a period of
sixty
days has elapsed, whichever occurs first.
(D) Members of the commission shall serve without
compensation.
(E)
Organizational meetings of the commission shall be held
at the
first meeting
of each calendar year. At each
organizational
meeting, the
commission shall elect from among its
voting members
a
chairperson, a vice-chairperson, and a
secretary-treasurer, who
shall serve until
the next annual
meeting. The commission shall
adopt rules
pursuant to section
111.15 of the Revised Code for the
conduct of
its internal
business and shall keep a journal of its
proceedings.
(F)
Four Five voting members of the commission constitute a
quorum, and the affirmative vote of
four five members is
necessary
for
approval of any action taken by the commission. A
vacancy in
the
membership of the commission does not impair a
quorum from
exercising all the rights and performing all the
duties of the
commission. Meetings of the commission may be held
anywhere in
the state, and shall be held in compliance with
section 121.22 of
the Revised Code.
(G) All expenses incurred in carrying out this chapter are
payable solely from money accrued under this chapter or
appropriated for these purposes by the general assembly, and the
commission shall incur no liability or obligation beyond such
money.
(H) The commission shall file an annual report of its
activities and finances with the governor, director of budget and
management, speaker of the house of representatives, president of
the senate, and chairpersons of the house and senate finance
committees.
(I) There is hereby established in the state treasury the
Ohio cultural facilities commission administration fund.
All
revenues of the commission shall be credited to that fund and
to any
accounts created in the that fund with the commission's
approval. All
expenses of the commission, including reimbursement
of, or
payment to, any other fund or any governmental agency for
advances made or services rendered to or on behalf of the
commission, shall be paid from the Ohio cultural facilities
commission administration that fund as determined by or pursuant to
directions of the commission. All investment earnings of the
administration that fund shall be credited to the fund it and shall be
allocated
among any accounts created in the fund in the manner
determined by the
commission.
(J) Title to all real property and lesser interests in
real
property acquired by the commission, including leasehold and other
interests, pursuant
to this chapter shall be taken in the name of
the state and shall
be held for the use and benefit of the
commission. The
commission shall not mortgage such real property
and interests in
real property. Title to other property and
interests in it acquired by the
commission pursuant to this
chapter shall be taken in its name.
Sec. 3383.09. (A) There is hereby created in the state
treasury the cultural and sports facilities building fund, which shall consist of
proceeds of obligations authorized to pay costs of Ohio cultural facilities
and Ohio sports facilities for which appropriations are made by the general
assembly. All investment earnings of the fund shall be credited to
the fund.
(B) The director of budget and management may transfer, to
the Ohio cultural facilities commission administration
fund, investment earnings credited, or the premium paid on any bonds issued on behalf of the commission and credited, to the cultural and sports facilities building fund that exceed the
amounts required to meet estimated federal arbitrage rebate
requirements when requested of the director of budget and
management by the chairperson or executive director of the
commission.
Sec. 3501.141. (A) The board of elections of any county
may contract, purchase, or otherwise procure and pay all or any
part of the cost of group insurance policies that may provide
benefits for hospitalization, surgical care, major medical care,
disability, dental care, eye care, medical care, hearing aids, or
prescription drugs, and that may provide sickness and accident
insurance, or group life insurance, or a combination of any of
the foregoing types of insurance or coverage for the full-time
employees of such board and their immediate dependents, whether
issued by an insurance company or a health insuring corporation, duly
authorized to do business
in this state. The authority granted under this division applies only when the board of county commissioners, by resolution, denies coverage described in this division to full-time employees of the board of elections.
(B) The board of elections of any county, with the approval of the board of county commissioners, may procure and
pay all or any part of the cost of group hospitalization,
surgical, major medical, or sickness and accident insurance or a
combination of any of the foregoing types of insurance or
coverage for the members appointed to the board of elections
under section 3501.06 of the Revised Code and their immediate
dependents when each member's term begins, whether issued by an
insurance company or a health insuring
corporation, duly authorized to do business in this state.
Sec. 3501.17. (A) The expenses of the board of elections shall
be paid from the county treasury, in pursuance of appropriations
by the board of county commissioners, in the same manner as other
county expenses are paid. If the board of county commissioners
fails to appropriate an amount sufficient to provide for the
necessary and proper expenses of the board of elections pertaining to the conduct of elections, other than expenses for employee compensation and benefits incurred in the conduct of elections, such
the board of elections may apply to the court of common pleas within the county,
which shall fix the amount necessary to be appropriated and such
the amount shall be appropriated. Payments shall be made upon
vouchers of the board of elections certified to by its
chairperson or acting chairperson and the
director or deputy director, upon warrants of the county auditor. The
The board
of elections shall not
incur any obligation involving the expenditure of money unless
there are moneys sufficient in the funds appropriated therefor to
meet such obligations the obligation as required in division (D) of section 5705.41 of the Revised Code. Such If the board of elections requests a transfer of funds from one of its appropriation items to another, the board of county commissioners shall adopt a resolution providing for the transfer except as otherwise provided in section 5705.40 of the Revised Code. The expenses of the board of elections shall be apportioned among
the county and the various subdivisions as provided in this
section, and the amount chargeable to each subdivision shall be
withheld by the auditor from the moneys payable thereto at the
time of the next tax settlement. At the time of submitting
budget estimates in each year, the board of elections shall
submit to the taxing authority of each subdivision, upon the
request of the subdivision, an estimate of the amount to be
withheld therefrom from the subdivision during the next fiscal year.
(B) Except as otherwise provided in division
(F) of this section, the entire compensation of the members of
the board of elections and of the director, deputy director, and other
employees in the board's offices; the expenditures for the
rental, furnishing, and equipping of the office of the board and
for the necessary office supplies for the use of the board; the
expenditures for the acquisition, repair, care, and custody of
the polling places, booths, guardrails, and other equipment for
polling places; the cost of pollbooks, tally sheets, maps, flags,
ballot boxes, and all other permanent records and equipment; the
cost of all elections held in and for the state and county; and
all other expenses of the board which are not chargeable to a
political subdivision in accordance with this section shall be
paid in the same manner as other county expenses are paid.
(C) The compensation of judges and clerks of elections; the
cost of renting, moving, heating, and lighting polling places and
of placing and removing ballot boxes and other fixtures and
equipment thereof; the cost of printing and delivering ballots,
cards of instructions, and other election supplies; and all other
expenses of conducting primaries and elections in the
odd-numbered years shall be charged to the subdivisions in and
for which such primaries or elections are held. The charge for
each primary or general election in odd-numbered years for each
subdivision shall be determined in the following manner: first,
the total cost of all chargeable items used in conducting such
elections shall be ascertained; second, the total charge shall be
divided by the number of precincts participating in such
election, in order to fix the cost per precinct; third, the cost
per precinct shall be prorated by the board of elections to the
subdivisions conducting elections for the nomination or election
of offices in such precinct; fourth, the total cost for each
subdivision shall be determined by adding the charges prorated to
it in each precinct within the subdivision.
(D) The entire cost of special elections held on a day other
than the day of a primary or general election, both in
odd-numbered or in even-numbered years, shall be charged to the
subdivision. Where a special election is held on the same day as
a primary or general election in an even-numbered year, the
subdivision submitting the special election shall be charged only
for the cost of ballots and advertising. Where a special
election is held on the same day as a primary or general election
in an odd-numbered year, the subdivision submitting the special
election shall be charged for the cost of ballots and advertising
for such special election, in addition to the charges prorated to
such subdivision for the election or nomination of candidates in
each precinct within the subdivision, as set forth in the
preceding paragraph.
(E) Where a special election is held on the day specified by
division (E) of section 3501.01 of the Revised Code for the
holding of a primary election, for the purpose of submitting to
the voters of the state constitutional amendments proposed by the
general assembly, and a subdivision conducts a special election
on the same day, the entire cost of the special election shall be
divided proportionally between the state and the subdivision
based upon a ratio determined by the number of issues placed on
the ballot by each, except as otherwise provided in division
(G) of this section. Such proportional division of cost shall be
made only to the extent funds are available for such purpose from
amounts appropriated by the general assembly to the secretary of
state. If a primary election is also being conducted in the
subdivision, the costs shall be apportioned as otherwise provided
in this section.
(F) When a precinct is open during a general, primary, or special
election solely for the purpose of submitting to the voters a statewide ballot
issue, the state shall bear the entire cost of the election in that precinct
and shall reimburse the county for all expenses incurred in opening the
precinct.
(G) The state shall bear the entire cost of advertising in
newspapers statewide ballot issues, explanations of those issues, and
arguments for or against those issues, as required by Section
1g of Article II and Section 1 of
Article XVI, Ohio
Constitution, and any other section of law and shall reimburse the
counties for all expenses they incur for such advertising.
(H) The cost of renting, heating, and lighting registration
places; the cost of the necessary books, forms, and supplies for
the conduct of registration; and the cost of printing and posting
precinct registration lists shall be charged to the subdivision
in which such registration is held.
(I) As used in this section, "statewide ballot issue" means any
ballot issue, whether proposed by the general assembly or by initiative or
referendum, that is submitted to the voters throughout the state.
Sec. 3513.04. Candidates for party nominations to state,
district, county, and municipal offices or positions, for which
party nominations are provided by law, and for election as
members
of party controlling committees shall have their names
printed on
the official primary ballot by filing a declaration of
candidacy
and paying the fees specified for the
office under divisions (A)
and (B) of section 3513.10
of the Revised Code, except that the
joint candidates for party nomination to the offices of governor
and lieutenant governor shall, for the two of them, file one
declaration of candidacy. The joint
candidates also shall pay the
fees specified for the joint candidates under
divisions (A) and
(B) of section 3513.10 of the Revised Code.
The secretary of state shall not accept for filing the
declaration of candidacy of a candidate for party nomination to
the office of governor unless the declaration of candidacy also
shows a joint candidate for the same party's nomination to the
office of lieutenant governor, shall not accept for filing the
declaration of candidacy of a candidate for party nomination to
the office of lieutenant governor unless the declaration of
candidacy also shows a joint candidate for the same party's
nomination to the office of governor, and shall not accept for
filing a declaration of candidacy that shows a candidate for
party
nomination to the office of governor or lieutenant governor
who,
for the same election,
has already
filed a
declaration of
candidacy
or a
declaration of intent to be a
write-in candidate, or has become a candidate by the filling of a
vacancy under section
3513.30 of the Revised Code for any other
state office or any federal or county office.
No person who seeks party nomination for an office or
position at a primary election by declaration of candidacy or by
declaration of intent to be a write-in candidate
and no person who
is a first choice for president of candidates seeking
election as
delegates and alternates to the national conventions of the
different major political parties who are chosen by direct vote of
the
electors as provided in this chapter shall be permitted to
become a candidate
by nominating petition or by declaration of
intent to be a write-in
candidate at the following general
election for any office
other than the office of member of
the
state board of education, office of member of a city, local, or
exempted
village board of education, office of member of a
governing board of an
educational service center, or office of
township trustee.
Sec. 3513.041. A write-in space shall be provided on the
ballot for every office, except in an
election for which the board
of elections has received no valid
declarations of intent to be a
write-in candidate under this
section. Write-in votes shall not
be counted
for any candidate who has not filed a declaration of
intent to be
a write-in candidate pursuant to this section. A
qualified
person who has filed a declaration of intent may receive
write-in
votes at either a primary or general election. Any
candidate,
except one whose candidacy is to be submitted to
electors
throughout the entire state, shall file a declaration of
intent
to be a write-in candidate before four p.m. of the
fiftieth day
preceding the election at which such candidacy is to be
considered. If the election is to be determined by electors of a
county or a district or subdivision within the county, such
declaration shall be filed with the board of elections of that
county. If the election is to be determined by electors of a
subdivision located in more than one county, such declaration
shall be filed with the board of elections of the county in which
the major portion of the population of such subdivision is
located. If the election is to be determined by electors of a
district comprised of more than one county but less than all of
the counties of the state, such declaration shall be filed with
the board of elections of the most populous county in such
district. Any candidate for an office to be voted upon by
electors throughout the entire state shall file a declaration of
intent to be a write-in candidate with the secretary of state
before four p.m. of the fiftieth day preceding
the election at
which such candidacy is to be considered. In addition,
candidates
for president and vice-president of the United States
shall also
file with the secretary of state by said
fiftieth day
a slate of
presidential electors sufficient in number to satisfy
the
requirements of the United States constitution.
A board of elections shall not accept for filing the
declaration of intent to be a write-in candidate of a person
seeking to become a candidate if
that
person, for the same
election, has already filed a declaration of
candidacy,
a
declaration of intent to be a write-in candidate,
or a
nominating
petition, or has become a candidate through party nomination at a
primary election or
by
the filling of a vacancy under section
3513.30 or 3513.31 of
the
Revised Code, for any federal, state, or county
office, if the declaration of intent to be a write-in candidate is
for a state or county office, or for any municipal or township
office, for member of a city, local, or exempted village board
of
education, or for member of a governing board of an educational
service center, if the declaration of intent to be a write-in
candidate is for a municipal or township office, or for member of
a
city, local, or exempted village board of education, or for
member of a
governing board of an educational service center.
No person shall file a declaration of intent to be a
write-in
candidate for the office of governor unless the
declaration also
shows the intent of another person to be a
write-in candidate for
the office of lieutenant governor. No
person shall file a
declaration of intent to be a write-in
candidate for the office of
lieutenant governor unless the
declaration also shows the intent
of another person to be a
write-in candidate for the office of
governor. No person shall
file a declaration of intent to be a
write-in candidate for the
office of governor or lieutenant
governor if the person has
previously
filed a declaration of
intent to be a write-in candidate to the
office of governor or
lieutenant governor at the same primary or
general election. A
write-in vote for the two candidates who
file such a declaration
shall be counted as a vote for them as
joint candidates for the
offices of governor and lieutenant
governor.
The secretary of state shall not accept for filing the
declaration of intent to be a write-in candidate of a person for
the office of governor unless the declaration also shows the
intent of another person to be a write-in candidate for the
office
of lieutenant governor, shall not accept for filing the
declaration of intent to be a write-in candidate of a person for
the office of lieutenant governor unless the declaration also
shows the intent of another person to be a write-in candidate for
the office of governor, and shall not accept for filing the
declaration of intent to be a write-in candidate of a person to
the office of governor or lieutenant governor if that person, for
the same election, has
already
filed a declaration
of candidacy, a
declaration of intent
to be a write-in
candidate, or a nominating petition,
or has become a
candidate through
party nomination at a primary election or by the
filling of a
vacancy under section 3513.30 or 3513.31 of the
Revised Code, for
any other state office or any federal or county office.
Protests against the candidacy of any person filing a
declaration of intent to be a write-in candidate may be filed by
any qualified elector who is eligible to vote in the election at
which the candidacy is to be considered. The protest shall be
in
writing and shall be filed not later than four
p.m. of the
forty-fifth day before the day
of the election. The protest shall
be filed with the
board of elections with which the declaration of
intent to be a write-in
candidate was
filed. Upon the filing of
the protest, the board
with which it is filed shall promptly fix
the time for hearing it
and shall proceed in regard to the hearing
in the same manner as
for hearings set for protests filed under
section 3513.05 of the
Revised Code. At the time fixed, the
board
shall hear the protest and determine the validity or
invalidity of
the declaration of intent to be a write-in
candidate. If the
board finds that the candidate is not an elector of
the state,
district, county, or political subdivision in which the candidate
seeks election to office or has not fully complied with the
requirements of Title XXXV of the Revised
Code in regard to the
candidate's candidacy, the candidate's
declaration of
intent to be
a write-in candidate shall be determined to be
invalid and shall
be rejected; otherwise, it shall be determined
to be valid. The
determination of the board is
final.
The secretary of state shall prescribe the form of the
declaration of intent to be a write-in candidate.
Sec. 3513.05. Each person desiring to become a candidate
for
a party nomination or for election to an office or position
to be
voted for at a primary election, except persons desiring to
become
joint candidates for the offices of governor and
lieutenant
governor and except as otherwise provided in section 3513.051
of
the Revised Code, shall, not later than four
p.m. of the
seventy-fifth day before the day of the primary election, or if
the primary election is a presidential primary election, not
later
than four p.m. of the sixtieth day before the day of the
presidential primary election, file a declaration of candidacy
and
petition and pay the fees required under divisions
(A) and (B) of
section 3513.10 of the
Revised Code. The declaration of candidacy
and all separate
petition papers shall be filed at the same time
as one
instrument. When the offices are to be voted for at a
primary
election, persons desiring to become joint candidates for
the
offices of governor and lieutenant governor shall, not later
than
four p.m. of the seventy-fifth day before the day of the
primary
election, comply with section 3513.04 of the Revised Code.
The
prospective joint candidates' declaration of candidacy and all
separate petition papers of candidacies shall be filed at the
same
time as one instrument.
The secretary of state or a board of
elections shall not accept for filing a declaration of candidacy
and petition of a person seeking to become a candidate if that
person, for the same election, has already filed a declaration of
candidacy or a declaration of intent to be a write-in candidate,
or has become a candidate by the filling of a vacancy under
section 3513.30 of the Revised Code for any federal, state, or county
office, if the declaration of candidacy is for a state or county
office, or for any municipal or township office, if the
declaration of candidacy is for a municipal or township office.
If the declaration of candidacy declares a candidacy which
is
to be submitted to electors throughout the entire state, the
petition, including a petition for joint candidates for the
offices of governor and lieutenant governor, shall be signed by
at
least one thousand qualified electors who are members of the
same
political party as the candidate or joint candidates, and the
declaration of candidacy and petition shall be filed with the
secretary of state; provided that the secretary of state shall
not
accept or file any such petition appearing on its face to
contain
signatures of more than three thousand electors.
Except as otherwise provided in this paragraph, if the
declaration of candidacy is of one that is to be submitted only
to
electors within a district, political subdivision, or portion
thereof, the petition shall be signed by not less than fifty
qualified electors who are members of the same political party as
the political party of which the candidate is a member. If the
declaration of candidacy is for party nomination as a candidate
for member of the legislative authority of a municipal
corporation
elected by ward, the petition shall be signed by not
less than
twenty-five qualified electors who are members of the
political
party of which the candidate is a member.
No such petition, except the petition for a candidacy that
is
to be submitted to electors throughout the entire state, shall
be
accepted for filing if it appears to contain on its face
signatures of more than three times the minimum number of
signatures. When a petition of a candidate has been accepted for
filing by a board of elections, the petition shall not be deemed
invalid if, upon verification of signatures contained in the
petition, the board of elections finds the number of signatures
accepted exceeds three times the minimum number of signatures
required. A board of elections may discontinue verifying
signatures on petitions when the number of verified signatures
equals the minimum required number of qualified signatures.
If the declaration of candidacy declares a candidacy for
party nomination or for election as a candidate of an
intermediate
or minor party, the minimum number of signatures on
such petition
is one-half the minimum number provided in this
section, except
that, when the candidacy is one for election as a
member of the
state central committee or the county central
committee of a
political party, the minimum number shall be the
same for an
intermediate or minor party as for a major party.
If a declaration of candidacy is one for election as a
member
of the state central committee or the county central
committee of
a political party, the petition shall be signed by
five qualified
electors of the district, county, ward, township,
or precinct
within which electors may vote for such candidate.
The electors
signing such petition shall be members of the same
political party
as the political party of which the candidate is
a member.
For purposes of signing or circulating a petition of
candidacy for party nomination or election, an elector is
considered to be a member of a political party if the elector
voted
in
that party's primary election within the preceding two
calendar
years, or if the elector did not vote in any other
party's primary
election within the preceding two calendar years.
If the declaration of candidacy is of one that is to be
submitted only to electors within a county, or within a district
or subdivision or part thereof smaller than a county, the
petition
shall be filed with the board of elections of the
county. If the
declaration of candidacy is of one that is to be
submitted only to
electors of a district or subdivision or part
thereof that is
situated in more than one county, the petition
shall be filed with
the board of elections of the county within
which the major
portion of the population thereof, as ascertained
by the next
preceding federal census, is located.
A petition shall consist of separate petition papers, each
of
which shall contain signatures of electors of only one county.
Petitions or separate petition papers containing signatures of
electors of more than one county shall not thereby be declared
invalid. In case petitions or separate petition papers
containing
signatures of electors of more than one county are
filed, the
board shall determine the county from which the
majority of
signatures came, and only signatures from such county
shall be
counted. Signatures from any other county shall be
invalid.
Each separate petition paper shall be circulated by one
person only, who shall be the candidate or a joint candidate or a
member of the same political party as the candidate or joint candidates, and each
separate petition paper shall be governed by the rules set forth
in section 3501.38 of the Revised Code.
The secretary of state shall promptly transmit to each
board
such separate petition papers of each petition accompanying
a
declaration of candidacy filed with the secretary of state
as
purport to contain
signatures of electors of the county of such
board. The board of
the most populous county of a district shall
promptly transmit to
each board within such district such separate
petition papers of
each petition accompanying a declaration of
candidacy filed with
it as purport to contain signatures of
electors of the county of
each such board. The board of a county
within which the major
portion of the population of a subdivision,
situated in more than
one county, is located, shall promptly
transmit to the board of
each other county within which a portion
of such subdivision is
located such separate petition papers of
each petition
accompanying a declaration of candidacy filed with
it as purport
to contain signatures of electors of the portion of
such
subdivision in the county of each such board.
All petition papers so transmitted to a board and all
petitions accompanying declarations of candidacy filed with such a
board shall, under proper regulations, be open to public
inspection until four p.m. of the seventieth day before the day
of
the next primary election, or if that next primary election is
a
presidential primary election, the fifty-fifth day before that
presidential primary election. Each board shall, not later than
the sixty-eighth day before the day of such that primary election, or
if the primary election is a presidential primary election, not
later than the fifty-third day before such presidential primary
election, examine and determine the validity or invalidity of the
signatures on the petition papers so transmitted to or filed with
it and shall return to the secretary of state all petition papers
transmitted to it by the secretary of state, together with its
certification of its determination as to the validity or
invalidity of signatures thereon, and shall return to each other
board all petition papers transmitted to it by such board,
together with its certification of its determination as to the
validity or invalidity of the signatures thereon. All other
matters affecting the validity or invalidity of such petition
papers shall be determined by the secretary of state or the board
with whom such petition papers were filed.
Protests against the candidacy of any person filing a
declaration of candidacy for party nomination or for election to
an office or position, as provided in this section, may be filed
by any qualified elector who is a member of the same political
party as the candidate and who is eligible to vote at the primary
election for the candidate whose declaration of candidacy the
elector
objects to, or by the controlling committee of such that political party.
Such The
protest must shall be in writing, and must shall be filed not later than
four
p.m. of the sixty-fourth day before the day of the primary
election, or if the primary election is a presidential primary
election, not later than four p.m. of the forty-ninth day before
the day of the presidential primary election. Such The protest shall
be filed with the election officials with whom the declaration of
candidacy and petition was filed. Upon the filing of such the
protest, the election officials with whom it is filed shall
promptly fix the time for hearing it, and shall forthwith mail
notice of the filing of such the protest and the time fixed for
hearing to the person whose candidacy is so protested. They
shall
also forthwith mail notice of the time fixed for such
hearing to
the person who filed the protest. At the time fixed,
such
election officials shall hear the protest and determine the
validity or invalidity of the declaration of candidacy and
petition. If they find that such candidate is not an elector of
the state, district, county, or political subdivision in which
the
candidate seeks a party nomination or election to an office or
position,
or
has not fully complied with this chapter, the
candidate's
declaration of
candidacy and petition shall be
determined to be invalid and
shall be rejected,; otherwise, it shall
be determined to be valid.
Such That determination shall be final.
A protest against the candidacy of any persons filing a
declaration of candidacy for joint party nomination to the
offices
of governor and lieutenant governor shall be filed,
heard, and
determined in the same manner as a protest against the
candidacy
of any person filing a declaration of candidacy singly.
The secretary of state shall, on the sixtieth day before
the
day of a primary election, or if the primary election is a
presidential primary election, on the forty-fifth day before the
day of the presidential primary election, certify to each board
in
the state the forms of the official ballots to be used at such the
primary election, together with the names of the candidates to be
printed thereon on the ballots whose nomination or election is to be determined
by electors throughout the entire state and who filed valid
declarations of candidacy and petitions.
The board of the most populous county in a district
comprised
of more than one county but less than all of the
counties of the
state shall, on the sixtieth day before the day of
a primary
election, or if the primary election is a presidential
primary
election, on the forty-fifth day before the day of a
presidential
primary election, certify to the board of each
county in the
district the names of the candidates to be printed
on the official
ballots to be used at such the primary election,
whose nomination or
election is to be determined only by electors
within such the district
and who filed valid declarations of
candidacy and petitions.
The board of a county within which the major portion of the
population of a subdivision smaller than the county and situated
in more than one county is located shall, on the sixtieth day
before the day of a primary election, or if the primary election
is a presidential primary election, on the forty-fifth day before
the day of a presidential primary election, certify to the board
of each county in which a portion of such that subdivision is located
the names of the candidates to be printed on the official ballots
to be used at such the primary election, whose nomination or election
is to be determined only by electors within such that subdivision and
who filed valid declarations of candidacy and petitions.
Sec. 3513.052. (A) No person shall seek nomination or
election to any of the following offices or positions at the same
election by filing a declaration of candidacy and petition, a
declaration of intent to be a write-in candidate, or a nominating
petition, or by becoming a candidate through party nomination in a
primary election, or by the filling of a vacancy under section
3513.30 or 3513.31 of the Revised Code:
(1) Two or more state offices;
(2) Two or more county offices;
(3) A state office and a county office;
(4) A federal office and a state or county office;
(5) Any combination of two or more municipal or township
offices, positions
as a member of a city, local, or exempted
village board of
education, or positions as a member of a
governing board of an
educational service center.
(B) The secretary of state or a board of elections shall
not
accept for filing a declaration of candidacy and petition, a
declaration of intent to be a write-in candidate, or a nominating
petition of a person seeking to become a candidate if that person,
for the same election,
has already filed a
declaration of
candidacy, a declaration of intent to be a
write-in candidate, or
a nominating petition, or has become a candidate through party
nomination at a
primary election or by the filling of a vacancy
under section
3513.30 or 3513.31 of the Revised Code for:
(1) Any federal, state, or county office, if the declaration of
candidacy, declaration of intent to be a write-in candidate, or
nominating petition is for a state or county office;
(2) Any municipal or township office, or for member of a
city,
local, or exempted village board of education, or for member
of a
governing board of an educational service center, if the
declaration of candidacy, declaration of intent to be a write-in
candidate, or nominating petition is for a municipal or township
office, or for member of a city, local, or exempted village board
of education, or for member of a governing board of an
educational
service center.
(C)(1) If the secretary of state determines, before the day
of the primary election, that a person is seeking nomination to
more than one office at that election in violation of division (A)
of this section, the secretary of state shall do one of the
following:
(a) If each office or the district for each office for which
the person is seeking nomination is wholly within a single
county and none of those offices is a federal office,
the secretary of state shall notify the board of elections
of that
county. The board then shall determine the
date on which the
person first sought to become a candidate for
each of those
offices by filing a declaration of candidacy or a
declaration of
intent to be a write-in candidate or by the filling
of a vacancy
under section 3513.30 of the Revised Code. The board
shall vote
promptly to disqualify that person as a candidate for each office
for
which the person sought to become a candidate after the date
on
which the person first sought to become a candidate for any of
those offices. If the board determines that the person sought to
become a candidate for more than one of those offices on the same
date, the board shall vote promptly to disqualify that person as a
candidate for
each office that would be listed on the ballot below
the highest office for which that person seeks nomination,
according to the ballot order prescribed under section 3505.03 of
the Revised Code.
(b) If one or more of the offices for which the person is
seeking nomination is a state office or an office with a district
larger than a single county and none of the offices for which the person is seeking nomination is a federal office, the secretary of state shall
determine the date on which the person first sought to become a
candidate for each of those offices by filing a declaration of
candidacy or a declaration of intent to be a write-in candidate or
by the filling of a vacancy under section 3513.30 of the Revised
Code. The secretary of state shall order the board of elections
of each county in which the person is seeking to appear on
the
ballot to disqualify that person as a candidate for each
office
for which the person sought to become a candidate after the
date
on which the person first sought to become a candidate for
any of
those offices. If the secretary of state determines that
the
person sought to become a candidate for more than one of those
offices on the same date, the secretary of state shall order the
board of elections of each county in which the person is seeking
to appear on the ballot to disqualify that person as a
candidate
for each office that would be listed on the ballot below the
highest office for which that person seeks nomination, according
to the ballot order prescribed under section 3505.03 of the
Revised Code. Each
board of elections so notified shall vote
promptly to disqualify
the person as a candidate in accordance
with the order of the
secretary of state.
(c) If each office or the district for each office for which the person is seeking nomination is wholly within a single county and any of those offices is a federal office, the secretary of state shall notify the board of elections of that county. The board then shall vote promptly to disqualify that person as a candidate for each office that is not a federal office.
(d) If one or more of the offices for which the person is seeking nomination is a state office and any of the offices for which the person is seeking nomination is a federal office, the secretary of state shall order the board of elections of each county in which the person is seeking to appear on the ballot to disqualify that person as a candidate for each office that is not a federal office. Each board of elections so notified shall vote promptly to disqualify the person as a candidate in accordance with the order of the secretary of state.
(2) If a board of elections determines, before the day of the
primary election, that a person is seeking nomination to more than
one office at that election in violation of division (A) of this
section, the board shall do one of the following:
(a) If each office or the district for each office for which
the person is seeking nomination is wholly within that
county and none of those offices is a federal office,
the board shall determine the date on which
the person first
sought to become a candidate for each of those
offices by filing a
declaration of candidacy or a declaration of
intent to be a
write-in candidate or by the filling of a vacancy
under section
3513.30 of the Revised Code. The board shall
vote promptly to
disqualify that person as a candidate for each office for which
the person sought to become a candidate after the date on which
the person first sought to become a candidate for any of those
offices. If the board determines that the person sought to become
a candidate for more than one of those offices on the same date,
the board shall vote promptly to disqualify that person as a
candidate for each office that would be listed on the ballot below
the highest office for which that person seeks nomination,
according to the ballot order prescribed under section 3505.03 of
the Revised Code.
(b) If one or more of the offices for which the person is
seeking nomination is a state office or an office with a district
larger than a single county and none of the offices for which the person is seeking nomination is a federal office, the board shall notify
the secretary
of state. The secretary of state then shall
determine the date on
which the person first sought to become a
candidate for each of
those offices by filing a declaration of
candidacy or a
declaration of intent to be a write-in candidate or
by the filling
of a vacancy under section 3513.30 of the Revised
Code. The
secretary of state shall order the board of elections
of each
county in which the person is seeking to appear on
the ballot to
disqualify that person as a candidate for each
office for which
the person sought to become a candidate after the
date on which
the person first sought to become a candidate for
any of those
offices. If the secretary of state determines that
the person
sought to become a candidate for more than one of those
offices on
the same date, the secretary of state shall order the
board of
elections of each county in which the person is seeking to appear
on the ballot to disqualify that person as a
candidate for each
office that would be listed on the ballot below the highest office
for which that person seeks nomination, according to the ballot
order prescribed under section 3505.03 of the Revised Code. Each
board of elections so notified shall vote promptly to disqualify
the person as a candidate in accordance with the order of the
secretary of state.
(c) If each office or the district for each office for which the person is seeking nomination is wholly within a single county and any of those offices is a federal office, the board shall vote promptly to disqualify that person as a candidate for each office that is not a federal office.
(d) If one or more of the offices for which the person is seeking nomination is a state office and any of the offices for which the person is seeking nomination is a federal office, the board shall notify the secretary of state. The secretary of state then shall order the board of elections of each county in which the person is seeking to appear on the ballot to disqualify that person as a candidate for each office that is not a federal office. Each board of elections so notified shall vote promptly to disqualify the person as a candidate in accordance with the order of the secretary of state.
(D)(1) If the secretary of state determines, after the day of
the primary election and before the day of the general election,
that a person is seeking election to more than one office at that
election in violation of division (A) of this section, the
secretary of state shall do one of the following:
(a) If each office or the district for each office for which
the person is seeking election is wholly within a single
county and none of those offices is a federal office,
the secretary of state shall notify the board of elections
of that
county. The board then shall determine the
offices for which the
person seeks to appear as a candidate on the ballot.
The
board
shall vote promptly to disqualify that person as a candidate for
each
office
that would be listed on the ballot below the highest
office
for
which that person seeks election, according to the
ballot
order
prescribed under section 3505.03 of the Revised Code.
If the person sought nomination at a primary election and has not
yet been issued a certificate of nomination, the board shall not
issue that certificate for that person for any office that would
be listed on the ballot below the highest office for which that
person seeks election, according to the ballot order prescribed
under section 3505.03 of the Revised Code.
(b) If one or more of the offices for which the person is
seeking election is a state office or an office with a district
larger than a single county and none of the offices for which the person is seeking election is a federal office, the secretary of state shall promptly
investigate and determine the offices for which the person seeks
to appear as a candidate on the ballot. The secretary of state
shall order
the board of elections of each county in which the
person is seeking to appear on the ballot to disqualify that
person as a
candidate for each office that would be listed on the
ballot below
the highest office for which that person seeks
election, according
to the ballot order prescribed under section
3505.03 of the
Revised Code. Each board of elections so notified
shall vote
promptly to disqualify the person as a candidate in
accordance
with the order of the secretary of state. If the person
sought nomination at a primary election and has not yet been
issued a certificate of nomination, the board shall not issue that
certificate for that person for any office that would be listed on
the ballot below the highest office for which that person seeks
election, according to the ballot order prescribed under section
3505.03 of the Revised Code.
(c) If each office or the district for each office for which the person is seeking election is wholly within a single county and any of those offices is a federal office, the secretary of state shall notify the board of elections of that county. The board then shall vote promptly to disqualify that person as a candidate for each office that is not a federal office. If the person sought nomination at a primary election and has not yet been issued a certificate of nomination, the board shall not issue that certificate for that person for any office that is not a federal office.
(d) If one or more of the offices for which the person is seeking election is a state office and any of the offices for which the person is seeking election is a federal office, the secretary of state shall order the board of elections of each county in which the person is seeking to appear on the ballot to disqualify that person as a candidate for each office that is not a federal office. Each board of elections so notified shall vote promptly to disqualify the person as a candidate in accordance with the order of the secretary of state. If the person sought nomination at a primary election and has not yet been issued a certificate of nomination, the board shall not issue that certificate for that person for any office that is not a federal office.
(2) If a board of elections determines, after the day of the
primary election and before the day of the general election, that
a person is seeking election to more than one office at that
election in violation of division (A) of this section, the board
of elections shall do one of the following:
(a) If each office or the district for each office for which
the person is seeking election is wholly within that
county and none of those offices is a federal office, the
board shall determine the offices for
which the person seeks to
appear as a candidate on the ballot. The board
shall vote
promptly to disqualify that person as a candidate for each office
that
would be listed on the ballot below the highest office for
which
that person seeks election, according to the ballot order
prescribed under section 3505.03 of the Revised Code. If the
person sought nomination at a primary election and has not yet
been issued a certificate of nomination, the board shall not issue
that certificate for that person for any office that would be
listed on the ballot below the highest office for which that
person seeks election, according to the ballot order prescribed
under section 3505.03 of the Revised Code.
(b) If one or more of the offices for which the person is
seeking election is a state office or an office with a district
larger than a single county and none of the offices for which the person is seeking election is a federal office, the board shall notify
the secretary
of state. The secretary of state promptly shall
investigate and
determine the offices for which the person seeks to appear as a
candidate on the ballot. The secretary of state shall order
the
board of elections of each county in which the person is seeking
to appear on the ballot to disqualify that person as a
candidate
for each office that would be listed on the ballot below
the
highest office for which that person seeks election,
according to
the ballot order prescribed under section 3505.03 of
the Revised
Code. Each board of elections so notified shall vote
promptly to
disqualify the person as a candidate in accordance
with the order
of the secretary of state. If the person sought nomination at a
primary election and has not yet been issued a certificate of
nomination, the board shall not issue that certificate for that
person for any office that would be listed on the ballot below the
highest office for which that person seeks election, according to
the ballot order prescribed under section 3505.03 of the Revised
Code.
(c) If each office or the district for each office for which the person is seeking election is wholly within that county and any of those offices is a federal office, the board shall vote promptly to disqualify that person as a candidate for each office that is not a federal office. If the person sought nomination at a primary election and has not yet been issued a certificate of nomination, the board shall not issue that certificate for that person for any office that is not a federal office.
(d) If one or more of the offices for which the person is seeking election is a state office and any of the offices for which the person is seeking election is a federal office, the board shall notify the secretary of state. The secretary of state shall order the board of elections of each county in which the person is seeking to appear on the ballot to disqualify that person as a candidate for each office that is not a federal office. Each board of elections so notified shall vote promptly to disqualify the person as a candidate in accordance with the order of the secretary of state. If the person sought nomination at a primary election and has not yet been issued a certificate of nomination, the board shall not issue that certificate for that person for any office that is not a federal office.
(E) When a person is disqualified as a candidate under
division (C) or (D) of this section, that person's name shall not
appear on the ballots for any office for which that person has
been disqualified as a candidate. If the ballots have already
been prepared, the board of elections shall
remove the name of the
disqualified candidate from the ballots to
the extent practicable
in the time remaining before the election
and according to the
directions of the secretary of state. If the
name is not removed
from the ballots before the day of the
election, the votes for the
disqualified candidate are void and
shall not be counted.
(F) Any vacancy created by the disqualification of a person
as a candidate under division (C) or (D) of this section may be
filled in the manner provided for in sections 3513.30 and 3513.31
of the Revised Code.
(G) Nothing in this section or section 3513.04, 3513.041,
3513.05, 3513.251, 3513.253, 3513.254, 3513.255, 3513.257,
3513.259, or 3513.261 of the Revised Code prohibits, and the
secretary of state or a board of
elections shall not disqualify, a
person from being a candidate
for an office, if that person timely
withdraws as a candidate
for any offices specified in division (A)
of this section for which that person
first sought to become a
candidate by filing a declaration of candidacy and petition, a
declaration of intent to be a write-in candidate, or a nominating
petition, by party nomination in a primary election, or by the
filling of a vacancy under section 3513.30 or 3513.31 of the
Revised Code.
(H) As used in this section:
(1) "State office" means the offices of governor, lieutenant
governor, secretary of state, auditor of state, treasurer of
state, attorney general, member of the state board of education,
member of the general assembly, chief justice of the supreme
court, and justice of the supreme court.
(2) "Timely withdraws" means either of the following:
(a) Withdrawing as a candidate before the applicable deadline
for filing a declaration of candidacy, declaration of intent to be
a write-in candidate, or nominating petition for the subsequent
office for which the person is seeking to become a candidate at the same election;
(b) Withdrawing as a candidate before the applicable deadline
for the filling of a vacancy under section 3513.30 or 3513.31 of
the Revised Code, if the person is seeking to become a candidate
for a subsequent office at the same election under either of those sections.
Sec. 3513.257. Each person desiring to become an
independent
candidate for an office for which candidates may be
nominated at a
primary election, except persons desiring to
become independent
joint candidates for the offices of governor
and lieutenant
governor and for the offices of president and
vice-president of
the United States, shall file no later than
four p.m. of the day
before the day of the primary election
immediately preceding the
general election at which such
candidacy is to be voted for by the
voters, a statement of
candidacy and nominating petition as
provided in section 3513.261
of the Revised Code. Persons
desiring to become independent
joint candidates for the offices of
governor and lieutenant
governor shall file, not later than four
p.m. of the day before
the day of the primary election, one
statement of candidacy and
one nominating petition for the two of
them. Persons desiring to
become independent joint candidates for
the offices of president
and vice-president of the United States
shall file, not later
than four p.m. of the seventy-fifth day
before the day of the
general election at which the president and
vice-president are to
be elected, one statement of candidacy and
one nominating
petition for the two of them. The prospective
independent joint
candidates' statement of candidacy shall be
filed with the
nominating petition as one instrument.
The statement of candidacy and separate petition papers of
each candidate or pair of joint candidates shall be filed at the
same time as one instrument.
The nominating petition shall contain signatures of
qualified
electors of the district, political subdivision, or
portion of a
political subdivision in which the candidacy is to
be voted on in
an amount to be determined as follows:
(A) If the candidacy is to be voted on by electors
throughout the entire state, the nominating petition, including
the nominating petition of independent joint candidates for the
offices of governor and lieutenant governor, shall be signed by
no
less than five thousand qualified electors, provided that no
petition shall be accepted for filing if it purports to contain
more than fifteen thousand signatures.
(B) If the candidacy is to be voted on by electors in any
district, political subdivision, or part thereof in which less
than five thousand electors voted for the office of governor at
the most recent election for that office,
the nominating
petition
shall contain signatures of not less than twenty-five
qualified
electors of the district, political subdivision, or
part thereof,
or a number of qualified signatures equal to at
least five per
cent of that vote, if this number is less than
twenty-five.
(C) If the candidacy is to be voted on by electors in any
district, political subdivision, or part thereof in which five
thousand or more electors voted for the office of governor at the
most recent election for that office, the
nominating petition
shall contain a number of signatures equal to at least one per
cent of those electors.
All nominating petitions of candidates for offices to be
voted on by electors throughout the entire state shall be filed
in
the office of the secretary of state. No nominating petition
for
the offices of president and vice-president of the United
States
shall be accepted for filing unless there is submitted to
the
secretary of state, at the time of filing the petition, a
slate of
presidential electors sufficient in number to satisfy
the
requirement of the United States Constitution. The secretary
of
state shall not accept for filing the statement of candidacy
of a
person who desires to be an independent candidate for the
office
of governor unless it also shows the joint candidacy of a
person
who desires to be an independent candidate for the office
of
lieutenant governor, shall not accept for filing the statement
of
candidacy of a person who desires to be an independent
candidate
for the office of lieutenant governor unless it also
shows the
joint candidacy of a person who desires to be an
independent
candidate for the office of governor, and shall not
accept for
filing the statement of candidacy of a person who
desires to be an
independent candidate to the office of governor
or lieutenant
governor who, for the same election, has already
filed
a
declaration of candidacy, a declaration of intent
to be a
write-in candidate, or a
statement of candidacy, or has become a candidate by the filling of a vacancy
under
section
3513.30 of the Revised Code for any other state
office or any federal or county office.
Nominating petitions of candidates for offices to be voted
on
by electors within a district or political subdivision
comprised
of more than one county but less than all counties of
the state
shall be filed with the boards of elections of that
county or part
of a county within the district or political
subdivision which had
a population greater than that of any other
county or part of a
county within the district or political
subdivision according to
the last federal decennial census.
Nominating petitions for offices to be voted on by electors
within a county or district smaller than a county shall be filed
with the board of elections for such county.
No petition other than the petition of a candidate whose
candidacy is to be considered by electors throughout the entire
state shall be accepted for filing if it appears on its face to
contain more than three times the minimum required number of
signatures.
A board of elections shall not accept for filing a
nominating petition of a person seeking to become a candidate if
that person, for the same election, has already filed a
declaration of candidacy, a declaration of intent to be a write-in
candidate, or a nominating petition, or has become a candidate by
the filling of a vacancy under section 3513.30 of the Revised Code
for any federal, state, or county office, if the nominating petition is for
a state or county office, or for any municipal or township office,
for member of a city, local, or exempted village board of
education, or for member of a governing board of an educational
service
center, if the nominating petition is for a municipal or
township
office, or for member of a city, local, or exempted
village
board
of education, or for member of a governing board of
an
educational
service center. When a
petition of a candidate has
been
accepted
for
filing by a board of
elections, the petition
shall
not be
deemed
invalid if, upon
verification of signatures
contained in
the
petition, the board of
elections finds the number
of
signatures
accepted exceeds three
times the minimum number of
signatures
required. A board of
elections may discontinue
verifying
signatures when the number of
verified signatures on a
petition
equals the minimum required
number of qualified
signatures.
Any nonjudicial candidate who files a nominating petition may
request, at the time of filing, that the candidate be designated
on the ballot as
a nonparty
candidate or as an other-party candidate, or may request that the
candidate's name be placed on the ballot without any designation.
Any such candidate who fails to request a designation either as a
nonparty candidate or as an other-party candidate shall have the
candidate's name placed on the ballot without any designation.
The purpose of establishing a filing deadline for
independent
candidates prior to the primary election immediately
preceding the
general election at which the candidacy is to be
voted on by the
voters is to recognize that the state has a
substantial and
compelling interest in protecting its electoral
process by
encouraging political stability, ensuring that the
winner of the
election will represent a majority of the
community, providing the
electorate with an understandable
ballot, and enhancing voter
education, thus fostering informed
and educated expressions of the
popular will in a general
election. The filing deadline for
independent candidates
required in this section prevents
splintered parties and
unrestrained factionalism, avoids political
fragmentation, and
maintains the integrity of the ballot. The
deadline, one day
prior to the primary election, is the least
drastic or
restrictive means of protecting these state interests.
The
general assembly finds that the filing deadline for
independent
candidates in primary elections required in this
section is
reasonably related to the state's purpose of ensuring
fair and
honest elections while leaving unimpaired the political,
voting,
and associational rights secured by the first and
fourteenth
amendments to the United States
Constitution.
Sec. 3513.259. Nominations of candidates for the office of
member of the state board of education shall be made only by
nominating petition. The nominating petition of a candidate for
the office of member of the state board of education shall be
signed by not less than one
hundred qualified electors.
No such nominating petition shall be accepted for filing if
it appears on its face to contain signatures aggregating in
number
more than three times the minimum number of signatures
required by
this section.
A board of elections shall not accept for filing a
nominating petition of a person if that person, for the same
election, has already filed a declaration of candidacy, a
declaration of intent to be a write-in candidate, or a nominating
petition, or has become a candidate through party nomination at a
primary election or by the filling of a vacancy under section
3513.30 or 3513.31 of the Revised Code, to be a candidate for any
other state office or any federal or county office. When a
petition of a
candidate has
been
accepted for filing by a board of
elections,
the petition
shall
not be deemed invalid if, upon
verification of
signatures
contained in the petition, the board of
elections finds
the
number
of signatures accepted exceeds three
times the minimum
number of
signatures required. A board of
elections may
discontinue
verifying signatures when the number of
verified
signatures equals
the minimum required number of
signatures.
Such
petition shall be
filed with the board of
elections of the
most
populous county in
such district not later
than four p.m. of
the
seventy-fifth day
before the day of the
general election at
which
state board of
education members are
elected.
Each nominating petition shall be signed by qualified
electors residing in the district in which the candidate
designated therein would be a candidate for election to the
office
of member of the state board of education. Each candidate
shall
be a qualified elector residing in the district in which
the
candidate
seeks election to such office.
As the word "district" is used in this section, it refers
to
a district created under section 3301.01 of the Revised Code.
Sec. 3513.261. A nominating petition may consist of one or
more separate petition papers, each of which shall be
substantially in the form prescribed in this section. If the
petition consists of more than one separate petition paper, the
statement of candidacy of the candidate or joint candidates named
need be signed by the candidate or joint candidates on only one
of
such separate petition papers, but the statement of candidacy
so
signed shall be copied on each other separate petition paper
before the signatures of electors are placed
on it. Each
nominating petition containing signatures of electors of more
than
one county shall consist of separate petition papers each of
which
shall contain signatures of electors of only one county;
provided
that petitions containing signatures of electors of more
than one
county shall not thereby be declared invalid. In case
petitions
containing signatures of electors of more than one
county are
filed, the board of elections shall determine the
county from
which the majority of the signatures came, and only
signatures
from this county shall be counted. Signatures from
any other
county shall be invalid.
All signatures on nominating petitions shall be written in
ink or indelible pencil.
At the time of filing a nominating petition, the candidate
designated in the nominating petition, and joint
candidates for
governor and
lieutenant governor, shall pay to the election
officials with
whom it is filed the fees specified for the office
under
divisions (A) and (B) of section
3513.10 of the Revised
Code. The fees shall be disposed of by
those election officials
in the manner that
is provided in
section 3513.10 of the Revised
Code for the disposition of other
fees, and in no case shall a fee
required under that section be
returned to a
candidate.
Candidates or joint candidates whose names are written on
the
ballot, and who are elected, shall pay the same fees under
section
3513.10 of the Revised Code that
candidates who file nominating
petitions pay. Payment of
these
fees
shall be a condition
precedent to the granting of their
certificates of election.
Each nominating petition shall contain a statement of
candidacy
that shall be signed by the candidate or joint
candidates named
in it. Such statement of candidacy shall
contain a declaration made under penalty of election
falsification
that the candidate desires to be a candidate for
the office named
in it, and that the candidate is an elector
qualified to
vote for
the office the candidate seeks.
The form of the nominating petition and statement of
candidacy shall be substantially as follows:
"STATEMENT OF CANDIDACYI, ................................... (Name of candidate),
the undersigned, hereby declare under penalty of election
falsification that my voting residence is in ................
.......... Precinct of the ......................... (Township)
or
(Ward and City, or Village) in the county of ...............
Ohio;
that my post-office address is ............................
(Street and Number, if any, or Rural Route and Number) of the
............................... (City, Village, or post office)
of
...................., Ohio; and that I am a qualified elector in
the precinct in which my voting residence is located. I hereby
declare that I desire to be a candidate for election to the
office
of .............. in the ........................ (State,
District, County, City, Village, Township, or School District)
for
the ...................................... (Full term or
unexpired
term ending ................) at the General Election
to be held
on the ........... day of ..............., ....
I further declare that I am an elector qualified to vote
for
the office I seek. Dated this ....... day of ..............,
....
WHOEVER COMMITS ELECTION FALSIFICATION IS
GUILTY OF A FELONY
OF THE FIFTH DEGREE.
I, ................................., hereby constitute the
persons named below a committee to represent me:
NOMINATING PETITIONWe, the undersigned, qualified electors of the state of
Ohio,
whose voting residence is in the County, City, Village,
Ward,
Township or Precinct set opposite our names,
hereby nominate
.................... as a candidate for
election to the office of
........................... in the
............................
(State, District, County, City,
Village, Township, or School
District) for the .................
(Full term or unexpired term
ending ...................) to be
voted for at the general
election next hereafter to be held,
and certify that this person
is, in our opinion, well qualified to
perform the duties of the
office or position to which the person
desires
to be elected.
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..........................., declares under penalty of election
falsification that such person is a qualified elector
of the state
of
Ohio and resides at the address appearing below such
person's
signature
hereto; that such person is the circulator of the
foregoing petition paper
containing ................ signatures;
that such
person witnessed the
affixing of every signature; that
all signers were to the best
of such person's knowledge and belief
qualified to
sign; and that every
signature is to the best of such
person's knowledge
and belief the
signature of the person whose
signature it purports to be.
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WHOEVER COMMITS ELECTION FALSIFICATION IS
GUILTY OF A FELONY
OF THE FIFTH
DEGREE."
The secretary of state shall prescribe a form of nominating
petition for a group of candidates for the office of member of a
board of education, township office, and
offices of municipal
corporations of under two thousand population.
The secretary of state shall prescribe a form of statement
of
candidacy and nominating petition, which shall be
substantially
similar to the form of statement of candidacy and
nominating
petition set forth in this section, that will be
suitable for
joint candidates for the offices of governor and
lieutenant
governor.
If such petition nominates a candidate whose election is to
be determined by the electors of a county or a district or
subdivision within the county, it shall be filed with the board
of
such county. If the petition nominates a candidate whose
election
is to be determined by the voters of a subdivision
located in more
than one county, it shall be filed with the board
of the county in
which the major portion of the population of
such subdivision is
located.
If the petition nominates a candidate whose election is to
be
determined by the electors of a district comprised of more
than
one county but less than all of the counties of the state,
it
shall be filed with the board of elections of the most
populous
county in such district. If the petition nominates a
candidate
whose election is to be determined by the electors of
the state at
large, it shall be filed with the secretary of
state.
The secretary of state or a board of elections shall not
accept for filing a nominating petition of a person seeking to
become a candidate if that person, for the same election, has
already filed a declaration of candidacy, a declaration of intent
to be a write-in candidate, or a nominating petition, or has
become a candidate through party nomination at a primary election
or by the filling of a vacancy under section 3513.30 or 3513.31 of
the Revised Code for any federal, state, or county office, if the nominating
petition is for a state or county office, or for any municipal or
township office, for member of a city, local, or exempted
village
board of education, or for member of a governing board of an
educational service center, if the nominating petition is for a
municipal or township office, or for member of a city, local, or
exempted village board of education, or for member of a governing
board
of an educational service center.
Sec. 3517.13. (A)(1) No campaign committee of a statewide
candidate
shall fail to file a
complete
and accurate statement required under division (A)(1) of section
3517.10 of
the Revised Code.
(2) No campaign committee of a statewide candidate
shall
fail to file a complete and accurate monthly statement, and no
campaign
committee
of a statewide candidate or a candidate for the
office of chief
justice or justice of the supreme court shall fail
to file a
complete and accurate two-business-day statement, as
required under
section 3517.10 of
the Revised Code.
As used in this division,
"statewide candidate" has the same
meaning as in division (F)(2) of
section 3517.10 of the Revised
Code.
(B) No campaign committee shall fail to file a complete and accurate
statement
required under
division (A)(1) of section 3517.10 of the
Revised Code.
(C) No campaign committee shall fail to file a
complete and
accurate statement
required under division (A)(2) of section
3517.10 of the Revised
Code.
(D) No campaign committee shall fail to file a complete and
accurate
statement
required under division (A)(3) or (4) of section
3517.10 of the Revised
Code.
(E) No person other than a campaign committee shall
knowingly fail to file a statement required under section 3517.10
or
3517.107 of the Revised Code.
(F) No person shall make cash contributions to any person
totaling more than one hundred dollars in each primary, special,
or general election.
(G)(1) No person shall knowingly conceal or
misrepresent
contributions given or received, expenditures
made, or any other
information required
to be reported by a provision in sections
3517.08 to 3517.13 and
3517.17 of the Revised Code.
(2)(a) No person shall make a contribution to a
campaign
committee, political action committee, political contributing entity, legislative
campaign fund,
political party, or person making disbursements to pay the direct costs of producing or airing electioneering communications in the name of
another person.
(b) A person does not make a contribution in the name of
another when either
of the following applies:
(i) An individual makes a contribution from a partnership or other
unincorporated
business account, if the contribution is reported
by listing both the name of
the partnership or other unincorporated
business and the name of the partner or
owner making the
contribution as required under division (I) of section 3517.10 of the Revised Code.
(ii) A person makes a contribution in that person's spouse's
name or in both
of their names.
(H) No person within this state, publishing a newspaper or
other periodical, shall charge a campaign committee for political
advertising a rate in excess of the rate such person would charge
if the campaign committee were a general rate advertiser whose
advertising was directed to promoting its business within the
same
area as that encompassed by the particular office
that the
candidate of the campaign committee is seeking. The rate shall
take into account the amount of space used, as well as the type
of
advertising copy submitted by or on behalf of the campaign
committee. All discount privileges otherwise offered by a
newspaper or periodical to general rate advertisers shall be
available upon equal terms to all campaign committees.
No person within this state, operating a radio or
television
station or network of stations in this state, shall
charge a
campaign committee for political broadcasts a rate
that
exceeds:
(1) During the forty-five days preceding the date of a
primary election and during the sixty days preceding the date of
a
general or special election in which the candidate of the
campaign
committee is seeking office, the lowest unit charge of
the station
for the same class and amount of time for the same
period;
(2) At any other time, the charges made for comparable use
of that station by its other users.
(I) Subject to divisions (K), (L), (M), and (N) of this
section, no agency or department of this state or any political
subdivision shall award any contract, other than one let by
competitive bidding or a contract incidental to such contract or
which is by force account, for the purchase of goods costing more
than five hundred dollars or services costing more than five
hundred dollars to any individual, partnership, association,
including, without limitation, a professional association
organized under Chapter 1785. of the Revised Code, estate, or
trust if the individual has made or the individual's spouse
has
made, or any
partner, shareholder, administrator, executor, or
trustee or the
spouse of any of them
has
made, as an individual,
within the two
previous calendar years, one or more contributions
totaling in
excess of one thousand dollars to the holder of the
public office
having ultimate responsibility for the award of the
contract or
to the public officer's campaign committee.
(J) Subject to divisions (K), (L), (M), and (N) of this
section, no agency or department of this state or any political
subdivision shall award any contract, other than one let by
competitive bidding or a contract incidental to such contract or
which is by force account, for the purchase of goods costing more
than five hundred dollars or services costing more than five
hundred dollars to a corporation or business trust, except a
professional association organized under Chapter 1785. of the
Revised Code, if an owner of more than twenty per cent of the
corporation or business trust or the spouse of that person has
made, as an individual, within the two previous calendar years,
taking into consideration only owners for all of that period, one
or more contributions totaling in excess of one thousand dollars
to the holder of a public office having ultimate responsibility
for the award of the contract or to the public officer's campaign
committee.
(K) For purposes of divisions (I) and (J) of this section,
if a public officer who is responsible for the award of a
contract
is appointed by the governor, whether or not the
appointment is
subject to the advice and consent of the senate,
excluding members
of boards, commissions, committees,
authorities, councils, boards
of trustees, task forces, and other
such entities appointed by the
governor, the office of the
governor is considered to have
ultimate responsibility for the
award of the contract.
(L) For purposes of divisions (I) and (J) of this section,
if a public officer who is responsible for the award of a
contract
is appointed by the elected chief executive officer of a
municipal
corporation, or appointed by the elected chief
executive officer
of a county operating under an alternative form
of county
government or county charter, excluding members of
boards,
commissions, committees, authorities, councils, boards of
trustees, task forces, and other such entities appointed by the
chief executive officer, the office of the chief executive
officer
is considered to have ultimate responsibility for the
award of the
contract.
(M)(1) Divisions (I) and (J) of this section do not apply
to
contracts awarded by the board of commissioners of the sinking
fund, municipal legislative authorities, boards of education,
boards of county commissioners, boards of township trustees, or
other boards, commissions, committees, authorities, councils,
boards of trustees, task forces, and other such entities created
by law, by the supreme court or courts of appeals, by county
courts consisting of more than one judge, courts of common pleas
consisting of more than one judge, or municipal courts consisting
of more than one judge, or by a division of any court if the
division consists of more than one judge. This division shall apply to the specified entity only if the
members of
the entity act collectively in the award of a contract
for goods
or services.
(2) Divisions (I) and (J) of this section do not apply to
actions of the controlling board.
(N)(1) Divisions (I) and (J) of this section apply to
contributions made to the holder of a public office having
ultimate responsibility for the award of a contract, or to
the
public officer's
campaign committee, during the time
the person
holds the office
and during any time such person was a candidate
for the office.
Those divisions do not apply to contributions
made to, or to the
campaign committee of, a candidate for or
holder of the office
other than the holder of the office at the
time of the award of
the contract.
(2) Divisions (I) and (J) of this section do not apply to
contributions of a partner, shareholder, administrator, executor,
trustee, or owner of more than twenty per cent of a corporation
or
business trust made before the person held any of those
positions
or after the person ceased to hold any of those
positions in the
partnership, association, estate, trust,
corporation, or business
trust whose eligibility to be awarded a
contract is being
determined, nor to contributions of the
person's spouse made
before the person held any of those
positions, after the person
ceased to hold any of those
positions, before the two were
married, after the granting of
a decree of divorce, dissolution
of marriage, or annulment, or after the
granting of an order in an action
brought solely for legal
separation. Those divisions do not apply
to contributions of the
spouse of an individual whose eligibility
to be awarded a
contract is being determined made before the two
were married,
after the granting of a decree of divorce,
dissolution of
marriage, or annulment, or after the granting of an order
in an action
brought solely for legal separation.
(O) No beneficiary of a campaign fund or other person shall
convert
for personal use, and no person shall
knowingly give to a
beneficiary of a campaign fund or any other person,
for the
beneficiary's or any other person's personal use,
anything of
value from
the beneficiary's campaign fund, including, without
limitation,
payments to a beneficiary for services the beneficiary
personally
performs, except as reimbursement for any of the
following:
(1) Legitimate and verifiable prior campaign expenses
incurred by the beneficiary;
(2) Legitimate and verifiable ordinary and necessary
prior
expenses incurred by the beneficiary in connection with
duties as
the holder of a public office, including, without
limitation,
expenses incurred through participation in
nonpartisan or
bipartisan events if the participation of the
holder of a public
office would normally be expected;
(3) Legitimate and verifiable ordinary and necessary prior
expenses incurred by the beneficiary while doing any of the following:
(a) Engaging in activities in support of or opposition to a
candidate other than the beneficiary, political party, or ballot
issue;
(b) Raising funds for a political party, political action
committee, political contributing entity, legislative campaign
fund, campaign committee,
or other candidate;
(c) Participating in the activities of a political party,
political action committee, political contributing entity,
legislative campaign fund, or
campaign committee;
(d) Attending a political party convention or other
political meeting.
For purposes of this division, an expense is incurred
whenever a beneficiary has either made payment or is obligated to
make payment, as by the use of a credit card or other credit
procedure or by the use of goods or services received on account.
(P) No beneficiary of a campaign fund shall knowingly
accept, and no person shall knowingly give to the beneficiary of
a
campaign fund, reimbursement for an expense under division (O)
of
this section to the extent that the expense previously was
reimbursed or paid from another source of funds. If an expense
is
reimbursed under division (O) of this section and is later
paid or
reimbursed, wholly or in part, from another source of
funds, the
beneficiary shall repay the reimbursement received
under division
(O) of this section to the extent of the payment
made or
reimbursement received from the other source.
(Q) No candidate or public official or employee shall
accept
for personal or business use anything of value from a
political
party, political action committee, political contributing entity,
legislative campaign fund, or
campaign
committee other than the
candidate's or public
official's or
employee's own campaign
committee, and no person shall knowingly
give to a candidate or
public official or employee anything of
value from a political
party, political action committee, political contributing entity,
legislative campaign fund, or
such
a campaign committee, except
for the following:
(1) Reimbursement for legitimate and verifiable ordinary
and necessary prior expenses not otherwise prohibited by law
incurred by the candidate or public official or employee while
engaged in any legitimate activity of the political party,
political action committee, political contributing entity,
legislative campaign fund, or
such campaign committee. Without
limitation, reimbursable expenses under this division include
those incurred while doing any of the following:
(a) Engaging in activities in support of or opposition to
another candidate, political party, or ballot issue;
(b) Raising funds for a political party, legislative
campaign fund, campaign
committee, or another candidate;
(c) Attending a political party convention or other
political meeting.
(2) Compensation not otherwise prohibited by law for
actual
and valuable personal services rendered under a written
contract
to the political party, political action committee, political contributing entity,
legislative campaign fund, or such campaign
committee for
any legitimate activity of the
political party,
political action committee, political contributing entity,
legislative campaign fund, or
such campaign
committee.
Reimbursable expenses under this division do not include,
and
it is a violation of this division for a candidate or public
official or employee to accept, or for any person to knowingly
give to a candidate or public official or employee from a
political party, political action committee, political contributing entity,
legislative campaign fund, or campaign
committee other than the candidate's or public
official's or
employee's own campaign committee, anything of value for
activities primarily related to the candidate's or public
official's or employee's own campaign for election,
except for
contributions to the candidate's or public official's
or
employee's
campaign committee.
For purposes of this division, an expense is incurred
whenever a candidate or public official or employee has either
made payment or is obligated to make payment, as by the use of a
credit card or other credit procedure, or by the use of goods or
services on account.
(R)(1) Division (O) or (P) of this section does not
prohibit
a campaign committee from making direct advance or post
payment
from contributions to vendors for goods and services for
which
reimbursement is permitted under division (O) of this
section,
except that no campaign committee shall pay its
candidate or other
beneficiary for services personally performed
by the candidate or
other beneficiary.
(2) If any expense that may be reimbursed under division
(O), (P), or (Q) of
this section is part of other expenses that
may not be paid or reimbursed, the separation of the two types of
expenses for the purpose of allocating for payment or
reimbursement those expenses that may be paid or reimbursed may
be
by any reasonable accounting method, considering all of the
surrounding circumstances.
(3) For purposes of divisions (O), (P), and (Q) of this
section, mileage allowance at a rate not greater than that
allowed
by the internal revenue service at the time the travel
occurs may
be paid instead of reimbursement for actual travel
expenses
allowable.
(S)(1) As used in division (S) of this section:
(a)
"State elective office" has the same meaning as in
section
3517.092 of the Revised Code.
(b)
"Federal office" means a federal office as defined in
the
Federal Election Campaign Act.
(c)
"Federal campaign committee" means a principal campaign
committee
or authorized committee as defined in the Federal
Election
Campaign Act.
(2) No person who is a candidate for state elective office
and
who
previously sought nomination or election to a federal
office shall transfer
any
funds or assets from that person's
federal campaign committee for nomination
or election
to the
federal office to that person's campaign committee as a candidate
for
state
elective office.
(3) No campaign committee of a person who is a candidate for
state
elective office and who previously sought nomination or
election to a federal
office shall accept any funds or assets from
that person's federal campaign
committee for that person's
nomination or election to the federal office.
(T)(1) Except as otherwise provided in division (B)(6)(c) of
section 3517.102
of the Revised Code, a
state or county political
party shall not disburse
moneys from any account other than a
state candidate fund to make
contributions to any of the
following:
(a) A state candidate fund;
(b) A legislative campaign fund;
(c) A campaign committee of a candidate for the office of
governor,
lieutenant governor, secretary of state, auditor of
state, treasurer of state,
attorney general, member of the state
board of education, or member of the
general assembly.
(2) No state candidate fund, legislative campaign fund, or
campaign committee
of a candidate for any office described in
division (T)(1)(c) of this section
shall knowingly accept a
contribution in violation of division (T)(1)
of this section.
(U) No person shall fail to file the statement required
under section 3517.12
of the Revised Code.
(V) No campaign committee shall fail to file a statement
required
under division (K)(3) of section 3517.10 of the Revised
Code.
(W)(1) No foreign national shall, directly or indirectly
through
any other person or entity, make a contribution,
expenditure, or independent
expenditure or promise, either
expressly or implicitly, to make a
contribution, expenditure, or
independent expenditure in support of or
opposition to a candidate
for any elective office in this state, including an
office of a
political party.
(2) No candidate, campaign committee, political action
committee, political contributing entity,
legislative campaign
fund, state candidate
fund, political party, or separate
segregated fund shall solicit or accept a contribution,
expenditure, or
independent expenditure from a foreign national.
The secretary of state
may direct any candidate,
committee, entity, fund,
or party that accepts a contribution,
expenditure, or
independent expenditure in violation of this
division to return
the contribution, expenditure, or independent
expenditure or, if
it is not possible to return the contribution, expenditure,
or
independent expenditure, then to return instead the value of it,
to
the contributor.
(3) As used in division (W) of this section,
"foreign national" has the same
meaning as in
section 441e(b) of the Federal
Election Campaign
Act.
(X)(1) No state or county political party shall transfer any moneys from its restricted fund to any account of the political party into which contributions may be made or from which contributions or expenditures may be made.
(2)(a) No state or county political party shall deposit a contribution or contributions that it receives into its restricted fund.
(b) No state or county political party shall make a contribution or an expenditure from its restricted fund.
(3)(a) No corporation or labor organization shall make a gift or gifts from the corporation's or labor organization's money or property aggregating more than ten thousand dollars to any one state or county political party for the party's restricted fund in a calendar year.
(b) No state or county political party shall accept a gift or gifts for the party's restricted fund aggregating more than ten thousand dollars from any one corporation or labor organization in a calendar year.
(4) No state or county political party shall transfer any moneys in the party's restricted fund to any other state or county political party.
(5) No state or county political party shall knowingly fail to file a statement required under section 3517.1012 of the Revised Code.
(Y) The administrator of workers' compensation and the employees of the bureau of workers' compensation shall not conduct any business with or award any contract, other than one awarded by competitive bidding, for the purchase of goods costing more than five hundred dollars or services costing more than five hundred dollars to any individual, partnership, association, including, without limitation, a professional association organized under Chapter 1785. of the Revised Code, estate, or trust, if the individual has made, or the individual's spouse has made, or any partner, shareholder, administrator, executor, or trustee, or the spouses of any of those individuals has made, as an individual, within the two previous calendar years, one or more contributions totaling in excess of one thousand dollars to the campaign committee of the governor or lieutenant governor or to the campaign committee of any candidate for the office of governor or lieutenant governor.
(Z) The administrator of workers' compensation and the employees of the bureau of workers' compensation shall not conduct business with or award any contract, other than one awarded by competitive bidding, for the purchase of goods costing more than five hundred dollars or services costing more than five hundred dollars to a corporation or business trust, except a professional association organized under Chapter 1785. of the Revised Code, if an owner of more than twenty per cent of the corporation or business trust, or the spouse of the owner, has made, as an individual, within the two previous calendar years, taking into consideration only owners for all of such period, one or more contributions totaling in excess of one thousand dollars to the campaign committee of the governor or lieutenant governor or to the campaign committee of any candidate for the office of governor or lieutenant governor.
Sec. 3517.151. (A) On and after January 1, 1996,
complaints with respect to acts or failures to act under the
sections listed
in division (A) of
section 3517.153 of the Revised
Code shall be filed with
the Ohio elections commission created
under section
3517.152 of the Revised Code.
(B)(1) If a complaint filed with the
Ohio elections
commission created under section 3517.152
of the Revised Code
alleges an act or failure to
act that occurred before
August 24,
1995, and the commission imposes a fine,
sections 3517.99 and
3517.991
of the Revised
Code, and not sections 3517.992 and
3517.993 of the
Revised Code, shall apply.
(2) If a complaint filed with the Ohio
elections commission
created under section 3517.152 of the
Revised Code alleges an act
or failure to act
that is a violation of section 3517.13 of the
Revised
Code, former divisions (A) to (R) of that
section apply to the
act or failure to act if it occurred before
August 24,
1995, former
divisions (A) to (U) of that
section apply to the act or failure
to act if
it occurs on or after
August 24, 1995, but before July
13, 1998, former
divisions
(A) to (V) of that section apply to the act or
failure to
act if it occurs on or after July 13, 1998, but before
December 22, 1999, former divisions (A) to (W) of
that
section apply to the act or failure to act if it occurs on or
after
December 22, 1999, but before the effective date of this amendment March 31, 2005, and former divisions (A) to (X) of that section apply to the act or failure to act if it occurs on or after the effective date of this amendment March 31, 2005, and divisions (A) to (Z) of that section apply to the act or failure to act if it occurs on or after the effective date of this amendment.
(C) The Ohio elections commission created under
section
3517.14 of the Revised Code is abolished
at the close of business
on December 31, 1995.
Sec. 3701.023. (A) The department of health shall review
applications for eligibility for the program for medically
handicapped children that are submitted to the department by city
and general health districts and physician providers approved in
accordance with division (C) of this section. The department
shall determine whether the applicants meet the medical and
financial eligibility requirements established by the public
health council pursuant to division (A)(1) of section 3701.021 of
the Revised Code, and by the department in the manual of
operational procedures and guidelines for the program for
medically handicapped children developed pursuant to division (B)
of that section. Referrals of potentially eligible children for
the program may be submitted to the department on behalf of the
child by parents, guardians, public health nurses, or any other
interested person. The department of health may designate other
agencies to refer applicants to the department of health.
(B) In accordance with the procedures established in rules
adopted under division (A)(4) of section 3701.021 of the Revised
Code, the department of health shall authorize a provider or
providers to provide to any Ohio resident under twenty-one years
of age, without charge to the resident or the resident's
family
and without restriction as to the economic status of the resident
or
the resident's family, diagnostic services necessary to
determine whether the resident suffers from has a medically
handicapping or potentially medically
handicapping condition.
(C) The department of health shall review the applications
of health professionals, hospitals, medical equipment suppliers,
and other individuals, groups, or agencies that apply to become
providers. The department shall enter into a written agreement
with each applicant who is determined, pursuant to the
requirements set forth in rules adopted under division (A)(2) of
section 3701.021 of the Revised Code, to be eligible to be a
provider in accordance with the provider agreement required by
the
medical assistance program established under section 5111.01
of
the Revised Code. No provider shall charge a medically
handicapped child or the child's parent or guardian for
services
authorized by the department under division (B) or (D) of this
section.
The department, in accordance with rules adopted under
division (A)(3) of section 3701.021 of the Revised Code, may
disqualify any provider from further participation in the program
for violating any requirement set forth in rules adopted under
division (A)(2) of that section. The disqualification shall not
take effect until a written notice, specifying the requirement
violated and describing the nature of the violation, has been
delivered to the provider and the department has afforded the
provider an opportunity to appeal the disqualification under
division (H) of this section.
(D) The department of health shall evaluate applications
from city and general health districts and approved physician
providers for authorization to provide treatment services,
service
coordination, and related goods to children determined to
be
eligible for the program for medically handicapped children
pursuant to division (A) of this section. The department shall
authorize necessary treatment services, service coordination, and
related goods for each eligible child in accordance with an
individual plan of treatment for the child. As an alternative,
the department may authorize payment of health insurance
premiums
on behalf of eligible children when the department determines, in
accordance with criteria set forth in rules adopted under
division
(A)(9) of section 3701.021 of the Revised Code, that
payment of
the premiums is cost-effective.
(E) The department of health shall pay, from
appropriations
to the department, any necessary expenses,
including but not
limited to, expenses for diagnosis, treatment,
service
coordination, supportive services, transportation, and
accessories
and their upkeep, provided to medically handicapped
children,
provided that the provision of the goods or services is
authorized
by the department under division (B) or (D) of this
section.
Money
appropriated to the department of health may also
be
expended for
reasonable administrative costs incurred by the
program. The
department of health also may purchase liability
insurance
covering the provision of services under the program
for
medically
handicapped children by physicians and other health
care
professionals.
Payments made to providers by the department of health pursuant to this
division for inpatient hospital care, outpatient care, and all
other medical assistance furnished by hospitals to eligible
recipients shall be in accordance with methods established by
rules of the public health council. Until such rules are
adopted,
the department of health shall make payments to
hospitals in
accordance with reasonable cost principles for
reimbursement under
the medicare program established under Title
XVIII of the
"Social
Security Act," 79 Stat. 286 (1965), 42
U.S.C.A. 1395, as amended.
Payments to providers for goods or
services other than inpatient
or outpatient hospital care shall
be made in accordance with rules
adopted by the public health
council pursuant to division (A) of
section 3701.021 of the
Revised Code.
The departments of health and job and family services
shall
jointly
implement procedures to ensure that duplicate payments are
not
made under the program for medically handicapped children and
the
medical assistance program established under section 5111.01
of
the Revised Code and to identify and recover duplicate
payments.
(F)(1) At the time of applying for participation in the
program for medically handicapped children, a medically
handicapped child or the child's parent or guardian shall
disclose
the identity of any third party against whom the child or
the
child's parent or guardian has or may have a right of recovery for
goods and
services provided under division (B) or (D) of this
section.
Except as provided in division (F)(2) of this section,
the The
department of health shall require a medically handicapped
child
who receives services from the program or the child's
parent
or guardian to apply for all third-party benefits for which
the
child may be eligible and require the child, parent, or guardian
to apply all
third-party benefits received to the amount
determined under
division (E) of this section as the amount
payable for goods and
services authorized under division (B) or
(D) of this section.
The department is the payer of last resort
and shall pay for
authorized goods or services, up to the amount
determined under
division (E) of this section for the authorized
goods or
services, only to the extent that payment for the
authorized
goods or services is not made through third-party
benefits. When
a third party fails to act on an application or
claim for
benefits by a medically handicapped child or the child's
parent or guardian, the department shall pay for the goods or
services only
after ninety days have elapsed since the date the
child, parents,
or guardians made an application or claim for all
third-party
benefits, except as provided in division (F)(2) of
this section.
Third-party benefits received shall be applied to
the amount
determined under division (E) of this section.
Third-party
payments for goods and services not authorized under
division (B)
or (D) of this section shall not be applied to
payment amounts
determined under division (E) of this section.
Payment made by
the department shall be considered payment in full
of the amount
determined under division (E) of this section.
Medicaid payments
for persons eligible for the medical assistance
program
established under section 5111.01 of the Revised Code
shall be
considered payment in full of the amount determined under
division (E) of this section.
(2) A medically handicapped child or the parent or
guardian
of such a child is not required to apply for assistance under
the
medical assistance program established under section 5111.01 of
the Revised Code as a condition for eligibility under the program
for medically handicapped children if applying for or receiving
assistance under the medical assistance program violates a
religious belief of the child, parent, or guardian and a tenet of
the child's, parent's, or guardian's religion.
(G) The department of health shall administer a program to
provide services to Ohio residents who are twenty-one or more
years of age who are suffering from have cystic fibrosis and who meet
the eligibility requirements established by the rules of the
public health council pursuant to division (A)(7) of section
3701.021 of the Revised Code, subject to all provisions of this
section, but not subject to section 3701.024 of the Revised Code.
(H) The department of health shall provide for appeals, in
accordance with rules adopted under section 3701.021 of the
Revised Code, of denials of applications for the program for
medically handicapped children under division (A) or (D) of this
section, disqualification of providers, or amounts paid under
division (E) of this section. Appeals under this division are
not
subject to Chapter 119. of the Revised Code.
The department may designate ombudspersons to assist
medically
handicapped children or their parents or guardians, upon
the
request of the children, parents, or guardians, in filing
appeals
under this division and to serve as children's, parents',
or
guardians' advocates in matters pertaining to the
administration
of the program for medically handicapped children
and eligibility
for program services. The ombudspersons shall
receive no
compensation but shall be reimbursed by the department,
in
accordance with rules of the office of budget and management,
for
their actual and necessary travel expenses incurred in the
performance of their duties.
(I) The department of health, and city and general health
districts providing service coordination pursuant to division
(A)(2) of section 3701.024 of the Revised Code, shall provide
service coordination in accordance with the standards set forth
in
the rules adopted under section 3701.021 of the Revised Code,
without charge, and without restriction as to economic status.
Sec. 3701.073. (A) The department of health is hereby designated as the state agency responsible for administering the medicare rural hospital flexibility program, as established in 42 U.S.C. 1395i-4, as amended.
(B) The director of health shall designate as a critical access hospital a hospital registered as an acute care hospital with the department under section 3701.07 of the Revised Code if the hospital meets the following requirements:
(1) Has not more than twenty-five acute care and swing beds in use at any time for the furnishing of extended care or acute care inpatient services;
(2) Has a length of stay not more than ninety-six hours per patient, on an annual average basis;
(3) Provides inpatient, outpatient, emergency, laboratory, radiology, and twenty-four hour emergency care services;
(4) Has network agreements in place for patient referral and transfer, a communication system for telemetry systems, electronic sharing of patient data, provision for emergency and non-emergency transportation, and assures credentialing and quality assurance;
(5) Was certified as a critical access hospital by the centers for medicare and medicaid services between January 1, 2001, and December 31, 2005, or is located in a rural area as identified below:
(a) An area within an Ohio metropolitan area designated as a rural area by the United States department of health and human services, office of rural health policy, in accordance with 42 C.F.R. 412.103 regarding rural urban commuting area codes four through ten in effect on the effective date of this section;
(b) A non-metropolitan county as designated in United States office of management and budget bulletin no. 93-17, June 30, 1993, and its attachments;
(c) A rural zip code within a metropolitan county as designated in United States office of management and budget bulletin no. 93-17, June 30, 1993, and its attachments.
Sec. 3701.146. (A) In taking actions regarding tuberculosis,
the director of health has all of the following duties and powers:
(1) The director shall make payments to boards of county
commissioners in
accordance with section 339.77 of the Revised
Code.
(2) The director shall maintain registries of hospitals,
clinics,
physicians,
or other care providers to whom the director
shall refer persons who make
inquiries to the department of health
regarding possible exposure to
tuberculosis.
(3)(2) The director shall engage in tuberculosis surveillance
activities,
including the
collection and analysis of
epidemiological information relative
to the frequency of
tuberculosis infection, demographic and
geographic distribution of
tuberculosis cases, and trends
pertaining to tuberculosis.
(4)(3) The director shall maintain a tuberculosis registry
to
record the incidence of tuberculosis in this state.
(5)(4) The director may appoint
physicians to serve as
tuberculosis consultants for geographic
regions of the state
specified by the director. Each
tuberculosis consultant shall act
in accordance with rules
the director establishes and
shall be responsible for
advising and assisting physicians and
other health care
practitioners who participate in tuberculosis
control activities and for
reviewing medical records pertaining to
the treatment
provided to individuals with tuberculosis.
(B)(1) The public health council shall
adopt rules
establishing
standards for the following:
(a) Performing tuberculosis screenings;
(b) Performing examinations of individuals who have been
exposed to tuberculosis and individuals who are suspected of
having tuberculosis;
(c) Providing treatment to individuals with tuberculosis;
(d) Preventing individuals with communicable
tuberculosis from infecting other individuals;
(e) Performing laboratory tests for tuberculosis and studies
of the resistance of tuberculosis to one or more drugs;
(f) Selecting laboratories that provide in a timely fashion
the
results of a laboratory test for tuberculosis. The standards
shall include a
requirement that first consideration be given to
laboratories located in this
state.
(2) Rules adopted pursuant to this section shall be adopted in accordance with
Chapter
119. of
the Revised Code and may
be consistent with any
recommendations
or guidelines on
tuberculosis issued by the United
States centers
for disease
control and prevention or by the
American thoracic
society. The
rules shall apply to county or
district tuberculosis
control
units, physicians who examine and
treat individuals for
tuberculosis, and laboratories that perform
tests for
tuberculosis.
Sec. 3701.65. (A) There is hereby created in the state treasury
the
"choose life" fund. The fund shall consist of
the
contributions that are paid to the registrar of motor vehicles
by
applicants who voluntarily elect to obtain "choose life"
license
plates pursuant to section 4503.91 of the Revised Code and any money returned to the fund under division (E)(1)(d) of this section. All investment earnings of the fund shall be credited to the fund.
(B)(1) At least annually, the director of health shall distribute the money in the fund to any private, nonprofit organization that is eligible to receive funds under this section and that applies for funding under division (C) of this section.
(2) The director shall distribute the funds based on the county in which the organization applying for funding is located and in proportion to the number of "choose life" license plates issued during the preceding year to vehicles registered in each county. Within each county, eligible organizations that apply for funding shall share equally in the funds available for distribution to organizations located within that county.
(C) Any organization seeking funds under this section annually shall apply for distribution of the funds. The director shall develop an application form and may determine the schedule and procedures that an organization shall follow when annually applying for funds. The application shall inform the applicant of the conditions for receiving and using funds under division (E) of this section. The application shall require evidence that the organization meets all of the following requirements:
(1) Is a private, nonprofit organization;
(2) Is committed to counseling pregnant women about the option of adoption;
(3) Provides services within the state to pregnant women who are planning to place their children for adoption, including counseling and meeting the material needs of the women;
(4) Does not charge women for any services received;
(5) Is not involved or associated with any abortion activities, including counseling for or referrals to abortion clinics, providing medical abortion-related procedures, or pro-abortion advertising;
(6) Does not discriminate in its provision of any services on the basis of race, religion, color, age, marital status, national origin, handicap, gender, or age.
(D) The director shall not distribute funds to an organization that does not provide verifiable evidence of the requirements specified in the application under division (C) of this section and shall not provide additional funds to any organization that fails to comply with division (E) of this section in regard to its previous receipt of funds under this section.
(E)(1) An organization receiving funds under this section shall do all of the following:
(a) Use not more than sixty per cent of the funds distributed to it for the material needs of pregnant women who are planning to place their children for adoption or for infants awaiting placement with adoptive parents, including clothing, housing, medical care, food, utilities, and transportation;
(b) Use not more than forty per cent of the funds distributed to it for counseling, training, or advertising;
(c) Not use any of the funds distributed to it for administrative expenses, legal expenses, or capital expenditures;
(d) Annually return to the fund created under division (A) of this section any unused money that exceeds ten per cent of the money distributed to the organization.
(2) The organization annually shall submit to the director an audited financial statement verifying its compliance with division (E)(1) of this section.
(F) The director, in accordance with Chapter 119. of the Revised Code, shall adopt rules to implement this section.
It is not the intent of the general assembly that the department create a new position within the department to implement and administer this section. It is the intent of the general assembly that the implementation and administration of this section be accomplished by existing department personnel.
Sec. 3702.141. (A) As
used in this section,:
(1) "existing Existing health care facility" has means a health care
facility that is licensed or otherwise approved to practice in
this state, in accordance with applicable law, is staffed and
equipped to provide health care services, and actively provides
health services or has not been actively providing health
services
for less than twelve consecutive months.
(2) "Health care facility" and "health service" have the
same meaning meanings as in section 3702.51 of the
Revised
Code.
(B) Section 3702.14 of
the Revised
Code shall not be construed to
require any existing health care facility that is conducting an
activity specified in section 3702.11 of the
Revised
Code, which activity was
initiated on or before March 20, 1997, to alter, upgrade,
or otherwise improve the structure
or fixtures of the facility in order to comply with any rule
adopted under section 3702.11 of the
Revised
Code relating to that activity,
unless one of the following applies:
(1) The facility initiates a construction, renovation, or
reconstruction project that involves a capital expenditure of at
least fifty thousand dollars, not including expenditures
for equipment or staffing or operational costs, and
that directly involves the area in which the existing service is
conducted.
(2) The facility initiates another activity specified in
section 3702.11 of the Revised
Code.
(3) The facility initiates a service level designation
change for obstetric and newborn care.
(4) The facility proposes to add a cardiac
catheterization laboratory to an existing cardiac
catheterization service.
(5) The facility proposes to add an open-heart operating
room to an existing open-heart surgery service.
(6) The director of health determines, by clear and
convincing evidence, that failure to comply with the rule would
create an imminent risk to the health and welfare of any
patient.
(C) If division
(B)(4) or (5) of this section
applies, any alteration, upgrade, or other improvement required
shall apply only to the proposed addition to the existing
service if the cost of the addition is less than the capital
expenditure threshold set forth in division
(B)(1) of this section.
(D) No person or
government entity shall divide or otherwise segment a
construction, renovation, or reconstruction project in order to
evade application of the capital expenditure threshold set forth
in division (B)(1) of this
section.
Sec. 3702.51. As used in sections 3702.51 to 3702.62 of
the
Revised Code:
(A)
"Applicant" means any person that submits an
application
for a certificate of need and who is designated in
the application
as the applicant.
(B)
"Person" means any individual, corporation, business
trust, estate, firm, partnership, association, joint stock
company, insurance company, government unit, or other entity.
(C)
"Certificate of need" means a written approval granted
by
the director of health to an applicant to authorize conducting
a
reviewable activity.
(D)
"Health service area" means a geographic region
designated by the director of health under section 3702.58 of the
Revised Code.
(E)
"Health service" means a clinically related service,
such
as a diagnostic, treatment, rehabilitative, or preventive
service.
(F)
"Health service agency" means an agency designated to
serve a health service area in accordance with section 3702.58 of
the Revised Code.
(G)
"Health care facility" means:
(1) A hospital registered under section 3701.07 of the
Revised Code;
(2) A nursing home licensed under section 3721.02 of the
Revised Code, or by a political subdivision certified under
section 3721.09 of the Revised Code;
(3) A county home or a county nursing home as defined in
section 5155.31 of the Revised Code that is certified under Title
XVIII or XIX of the
"Social Security Act," 49 Stat. 620 (1935),
42
U.S.C.A. 301, as amended;
(4) A freestanding dialysis center;
(5) A freestanding inpatient rehabilitation facility;
(6) An ambulatory surgical facility;
(7) A freestanding cardiac catheterization facility;
(8) A freestanding birthing center;
(9) A freestanding or mobile diagnostic imaging center;
(10) A freestanding radiation therapy center.
A health care facility does not include the offices of
private physicians and dentists whether for individual or group
practice, residential facilities licensed under section
5123.19 of
the Revised Code, or habilitation centers certified by
the
director of mental retardation and developmental disabilities
under section 5123.041 of the Revised Code, or an institution for
the sick that is operated exclusively for patients who use
spiritual means for
healing and for whom the acceptance of medical
care is inconsistent with their
religious beliefs, accredited by a
national accrediting organization, exempt
from federal income
taxation under section 501 of the Internal
Revenue Code of 1986,
100 Stat. 2085, 26 U.S.C.A. 1, as
amended, and providing
twenty-four hour nursing care pursuant to the exemption
in
division (E) of section 4723.32 of the Revised Code from
the
licensing requirements of Chapter 4723. of the Revised Code.
(H)
"Medical equipment" means a single unit of medical
equipment or a single system of components with related functions
that is used to provide health services.
(I)
"Third-party payer" means a health insuring corporation
licensed under Chapter
1751.
of the Revised Code, a health
maintenance organization as defined in
division (K) of this
section, an
insurance company that issues sickness and accident
insurance in
conformity with Chapter 3923. of the Revised Code, a
state-financed health insurance program under Chapter 3701.,
4123., or 5111. of the Revised Code, or any self-insurance plan.
(J)
"Government unit" means the state and any county,
municipal corporation, township, or other political subdivision
of
the state, or any department, division, board, or other agency
of
the state or a political subdivision.
(K)
"Health maintenance organization" means a public or
private organization organized under the law of any state that is
qualified under section 1310(d) of Title XIII of the
"Public
Health Service Act," 87 Stat. 931 (1973), 42 U.S.C.
300e-9.
(L)
"Existing health care facility" means a either of the following:
(1) A health care
facility that is licensed or otherwise approved authorized to practice operate in
this state, in accordance with applicable law, is staffed and
equipped to provide health care services, and is actively provides providing
health services or has not been actively providing health
services
for less than twelve consecutive months;
(2) A health care facility that is licensed or has beds registered under section 3701.07 of the Revised Code as skilled nursing beds or long-term care beds and has provided services for at least three hundred sixty-five consecutive days within the twenty-four months immediately preceding the date a certificate of need application is filed with the director of health.
(M)
"State" means the state of Ohio, including, but not
limited to, the general assembly, the supreme court, the offices
of all elected state officers, and all departments, boards,
offices, commissions, agencies, institutions, and other
instrumentalities of the state of Ohio.
"State" does not include
political subdivisions.
(N)
"Political subdivision" means a municipal corporation,
township, county, school district, and all other bodies corporate
and politic responsible for governmental activities only in
geographic areas smaller than that of the state to which the
sovereign immunity of the state attaches.
(O)
"Affected person" means:
(1) An applicant for a certificate of need, including an
applicant whose application was reviewed comparatively with the
application in question;
(2) The person that requested the reviewability ruling in
question;
(3) Any person that resides or regularly uses health care
facilities within the geographic area served or to be served by
the health care services that would be provided under the
certificate of need or reviewability ruling in question;
(4) Any health care facility that is located in the health
service area where the health care services would be provided
under the certificate of need or reviewability ruling in question;
(5) Third-party payers that reimburse health care
facilities
for services in the health service area where the
health care
services would be provided under the certificate of need or
reviewability ruling in question;
(6) Any other person who testified at a public hearing
held
under division (B) of section 3702.52 of the Revised Code or
submitted written comments in the course of review of the
certificate of need application in question.
(P)
"Osteopathic hospital" means a hospital registered
under
section 3701.07 of the Revised Code that advocates
osteopathic
principles and the practice and perpetuation of
osteopathic
medicine by doing any of the following:
(1) Maintaining a department or service of osteopathic
medicine or a committee on the utilization of osteopathic
principles and methods, under the supervision of an osteopathic
physician;
(2) Maintaining an active medical staff, the majority of
which is comprised of osteopathic physicians;
(3) Maintaining a medical staff executive committee that
has
osteopathic physicians as a majority of its members.
(Q)
"Ambulatory surgical facility" has the same meaning as
in
section 3702.30 of the Revised Code.
(R) Except as otherwise provided in division (T) of this
section, and until
the termination date specified in section
3702.511 of the Revised Code,
"reviewable activity" means any of
the following:
(1) The addition
by any person of any of the following
health
services, regardless of the amount of operating costs or
capital
expenditures:
(a) A heart, heart-lung, lung, liver, kidney, bowel,
pancreas, or bone marrow transplantation service, a stem cell
harvesting and
reinfusion service, or a service for
transplantation
of any other organ unless transplantation of the
organ is
designated by public health council rule not to be a
reviewable
activity;
(b) A cardiac catheterization service;
(c) An open-heart surgery service;
(d) Any new, experimental medical technology
that is
designated by rule of the public health council.
(2) The acceptance of high-risk patients, as defined in
rules adopted under section 3702.57 of the Revised Code, by any
cardiac
catheterization service that was initiated without a
certificate of
need pursuant to division
(R)(3)(b) of the version
of this section in effect
immediately prior to April 20,
1995;
(3)(a) The establishment, development, or construction of a
new health care facility other than a new long-term care facility
or a new
hospital;
(b) The establishment, development, or construction of a new
hospital or
the relocation of an existing hospital;
(c) The relocation of hospital beds, other than long-term
care,
perinatal, or pediatric intensive care beds, into or out of
a rural
area.
(4)(a) The replacement of an existing hospital;
(b) The replacement of an existing hospital obstetric or
newborn care unit or freestanding birthing
center.
(5)(a) The renovation of a hospital
that involves
a capital
expenditure, obligated on or after
the effective date of
this
amendment
June 30, 1995, of five million dollars or more,
not including
expenditures for equipment, staffing, or operational costs. For
purposes of division (R)(5)(a) of this
section, a capital
expenditure is obligated:
(i) When a contract enforceable under Ohio law is entered
into for the construction, acquisition, lease, or financing of a
capital
asset;
(ii) When the governing body of a hospital takes formal
action to
commit its own funds for a construction project
undertaken by the hospital as
its own contractor;
(iii) In the case of donated property, on the date the gift
is
completed under applicable Ohio law.
(b) The renovation of a hospital obstetric or newborn care
unit
or freestanding birthing center that involves a capital
expenditure of five
million dollars or more, not including
expenditures for equipment, staffing,
or operational costs.
(6) Any change in the health care services, bed capacity,
or
site, or any other failure to conduct the reviewable activity
in
substantial accordance with the approved application for which
a
certificate of need was granted, if the change is made prior to
the date the activity for which the certificate was issued ceases
to be a
reviewable activity;
(7) Any of the following changes in perinatal bed capacity
or pediatric
intensive care bed capacity:
(a) An increase in bed capacity;
(b) A change in service or service-level
designation of
newborn care beds or obstetric beds in a hospital or
freestanding
birthing center, other than a change of service that is provided
within the service-level designation of newborn care or obstetric
beds as
registered by the department of health;
(c) A relocation of perinatal or pediatric
intensive care
beds from one physical facility or
site to another, excluding the
relocation of beds within a
hospital or freestanding birthing
center or the relocation of beds among buildings of a
hospital or
freestanding birthing
center at the same site.
(8) The expenditure of more than one hundred ten per cent
of
the maximum expenditure specified in a certificate of need;
(9) Any transfer of a certificate of need issued prior to
April
20, 1995, from the person
to whom it was issued to another
person before the project that
constitutes a reviewable activity
is completed, any agreement
that contemplates the transfer of a
certificate of need issued prior to that
date upon
completion of
the project, and any transfer of the controlling
interest in an
entity that holds a certificate of need issued prior to that
date.
However, the transfer of a certificate of need issued prior to
that
date or agreement to
transfer such a certificate of need from
the person to whom the
certificate of need was issued to an
affiliated or related person
does not constitute a reviewable
transfer of a certificate of
need for the purposes of this
division, unless the transfer
results in a change in the person
that holds the
ultimate controlling interest in the certificate of
need.
(10)(a) The acquisition by any person of any of the
following medical
equipment,
regardless of the amount of operating
costs or capital expenditure:
(i) A cobalt radiation therapy unit;
(ii) A linear accelerator;
(iii) A gamma knife unit.
(b) The acquisition by any person of medical equipment with
a
cost of two million dollars or more. The cost of acquiring
medical equipment
includes the sum of the following:
(i) The greater of its fair market value or the cost of its
lease
or purchase;
(ii) The cost of installation and any other activities
essential
to the acquisition of the equipment and its placement
into service.
(11) The addition of another cardiac
catheterization
laboratory to an existing cardiac
catheterization service.
(S) Except as provided in division
(T) of this section,
"reviewable activity" also means any of the following
activities,
none of which are subject to a termination date:
(1) The establishment, development, or construction of a
new
long-term care facility;
(2) The replacement of an existing long-term care
facility;
(3) The renovation of a long-term care facility that
involves a capital expenditure of two million dollars or more,
not
including expenditures for equipment, staffing, or
operational
costs;
(4) Any of the following changes in long-term care bed
capacity:
(a) An increase in bed capacity;
(b) A relocation of beds from one
physical facility or site
to another, excluding the relocation
of beds within a long-term
care facility or among buildings of a
long-term care facility at
the same site;
(c) A recategorization of hospital
beds registered under
section 3701.07 of the
Revised
Code from another registration
category to skilled nursing beds or long-term care beds.
(5) Any change in the health services, bed capacity, or
site, or any other failure to conduct the reviewable activity in
substantial accordance with the approved application for which a
certificate of need concerning long-term care beds was granted,
if
the change is made within five years after the implementation
of
the reviewable activity for which the certificate was
granted;
(6) The expenditure of more than one hundred ten per cent
of
the maximum expenditure specified in a certificate of need
concerning long-term care beds;
(7) Any transfer of a certificate of need that concerns
long-term care beds and was issued prior to
April 20, 1995, from
the person
to whom it was issued to another person before the
project that
constitutes a reviewable activity is completed, any
agreement
that contemplates the transfer of such a certificate of
need
upon completion of the project, and any transfer of the
controlling interest in an entity that holds such a certificate
of
need. However, the transfer of a certificate of need that
concerns long-term care beds and was issued prior to
April 20,
1995, or agreement to
transfer such a certificate of need from the
person to whom the
certificate was issued to an affiliated or
related person does
not constitute a reviewable transfer of a
certificate of need
for purposes of this division, unless the
transfer results in a
change in the person that holds the ultimate
controlling
interest in the certificate of need.
(T)
"Reviewable activity" does not include any of the
following activities:
(1) Acquisition of computer hardware or software;
(2) Acquisition of a telephone system;
(3) Construction or acquisition of parking facilities;
(4) Correction of cited deficiencies that are in violation
of federal, state, or local fire, building, or safety laws and
rules and that constitute an imminent threat to public health or
safety;
(5) Acquisition of an existing health care facility that
does not involve a change in the number of the beds, by service,
or in the number or type of health services;
(6) Correction of cited deficiencies identified by
accreditation surveys of the joint commission on accreditation of
healthcare organizations or of the American osteopathic
association;
(7) Acquisition of medical equipment to replace the same
or
similar equipment for which a certificate of need has been
issued
if the replaced equipment is removed from service;
(8) Mergers, consolidations, or other corporate
reorganizations of health care facilities that do not involve a
change in the number of beds, by service, or in the number or
type
of health services;
(9) Construction, repair, or renovation of bathroom
facilities;
(10) Construction of laundry facilities, waste disposal
facilities, dietary department projects, heating and air
conditioning projects, administrative offices, and portions of
medical office buildings used exclusively for physician services;
(11) Acquisition of medical equipment to conduct research
required by the United States food and drug administration or
clinical trials sponsored by the national institute of health.
Use of medical equipment that was acquired without a certificate
of need under division (T)(11) of this section and for
which
premarket approval has been granted by the United States food and
drug administration to provide services for which patients or
reimbursement entities will be charged shall be a reviewable
activity.
(12) Removal of asbestos from a health care facility.
Only that portion of a project that meets the requirements
of
division (T) of this section is not a reviewable
activity.
(U)
"Small rural hospital" means a hospital that is
located
within a rural area, has fewer than
one hundred beds, and to which
fewer than four thousand persons
were admitted during the most
recent calendar year.
(V)
"Children's hospital" means any of the following:
(1) A hospital registered under section 3701.07 of the
Revised Code that provides general pediatric medical and surgical
care, and in which at least seventy-five per cent of annual
inpatient discharges for the preceding two calendar years were
individuals less than eighteen years of age;
(2) A distinct portion of a hospital registered under
section 3701.07 of the Revised Code that provides general
pediatric medical and surgical care, has a total of at least one
hundred fifty registered pediatric special care and pediatric
acute care beds, and in which at least seventy-five per cent of
annual inpatient discharges for the preceding two calendar years
were individuals less than eighteen years of age;
(3) A distinct portion of a hospital, if the hospital is
registered under section 3701.07 of the Revised Code as a
children's hospital and the children's hospital meets all the
requirements of division (V)(1) of this section.
(W)
"Long-term care facility" means any of the following:
(1) A nursing home licensed under section 3721.02 of the
Revised Code or by a political subdivision certified under section
3721.09 of
the Revised Code;
(2) The portion of any facility, including a county home or
county
nursing home, that is certified as a skilled nursing
facility or a nursing
facility under Title XVIII or XIX of the
"Social Security Act";
(3) The portion of any hospital that contains beds
registered under
section 3701.07 of the Revised Code as skilled
nursing beds or long-term care
beds.
(X)
"Long-term care bed" means a bed in a long-term care
facility.
(Y)
"Perinatal bed" means a bed in a hospital that is
registered under
section 3701.07 of the Revised Code as a newborn
care bed or obstetric bed, or
a bed in a freestanding birthing
center.
(Z)
"Freestanding birthing center" means any facility in
which
deliveries routinely occur, regardless of whether
the
facility is located on the campus of another health care facility,
and
which is not licensed under Chapter 3711. of
the Revised
Code
as a level one, two, or three maternity
unit or a limited
maternity unit.
(AA)(1)
"Reviewability ruling" means a ruling issued by the
director of health under division (A) of section 3702.52 of the
Revised Code
as to whether a particular proposed project is or is
not a
reviewable activity.
(2)
"Nonreviewability ruling" means a ruling issued under
that division that a particular proposed project is not a
reviewable
activity.
(BB)(1)
"Metropolitan
statistical area" means an area of
this
state designated a
metropolitan statistical area or primary
metropolitan
statistical area in United
States office of
management and
budget bulletin No. 93-17,
June 30, 1993, and its
attachments.
(2)
"Rural area" means any area of this state not located
within a metropolitan statistical area.
Sec. 3702.68. (A) Notwithstanding sections 3702.51 to
3702.62 of the Revised Code, this section applies to the review
of
certificate of need applications during the period beginning
July
1, 1993, and ending
June 30,
2005 2007.
As used in this section, "existing health care facility" has the same meaning as in section 3702.51 of the Revised Code.
(B)(1) Except as provided in division (B)(2) of this
section, the director of health shall neither grant nor deny any
application for a certificate of need submitted prior to July 1,
1993, if the
application was for any of
the following and the
director had not issued a written decision
concerning the
application prior to that date:
(a) Approval of beds in a new health care facility or an
increase of beds in an existing health care facility, if the beds
are proposed to be licensed as nursing home beds under Chapter
3721. of the Revised Code;
(b) Approval of beds in a new county home or new county
nursing home as defined in section 5155.31 of the Revised Code,
or
an increase of beds in an existing county home or existing
county
nursing home, if the beds are proposed to be certified as
skilled
nursing facility beds under Title XVIII or nursing
facility beds
under Title XIX of the
"Social Security Act," 49
Stat. 620 (1935),
42 U.S.C.A. 301, as amended;
(c) Recategorization of hospital beds as described in
section 3702.522 of the Revised Code, an
increase of hospital beds
registered pursuant to section 3701.07
of the Revised Code as
long-term care beds or skilled nursing
facility beds, or a
recategorization of hospital beds that would
result in an increase
of beds registered pursuant to that section
as long-term care beds
or skilled nursing facility beds.
On July 1, 1993, the director shall
return each such
application to the applicant and,
notwithstanding section 3702.52
of the Revised Code regarding the
uses of the certificate of need
fund, shall refund to the
applicant the application fee paid under
that section.
Applications returned under division (B)(1) of this
section may
be resubmitted in accordance with section 3702.52 of
the Revised
Code no sooner than
July 1,
2005 2007.
(2) The director shall continue to review and shall issue
a
decision regarding any application submitted prior to July 1,
1993, to
increase beds for either of the
purposes described in
division (B)(1)(a) or (b) of this section
if the proposed increase
in beds is attributable solely to a
replacement or relocation of
existing beds within the same
county. The director shall
authorize under such an application
no additional beds beyond
those being replaced or relocated.
(C)(1) Except as provided in division (C)(2) of this
section, the director, during the period beginning July 1, 1993,
and ending
June 30,
2005 2007, shall not accept for
review under
section
3702.52 of the Revised Code any application
for a
certificate of
need for any of the purposes described in
divisions
(B)(1)(a) to
(c) of this section.
(2)(a) The director shall accept for review any application
for
either of the purposes described in division (B)(1)(a) or (b)
of
this section if
the proposed increase in beds is
attributable
solely to a replacement or relocation of existing
beds from an existing health care facility within the
same county.
The director shall authorize under
such an
application no
additional beds beyond those being replaced or
relocated.
The
The director shall not approve an application for a certificate of need for addition of long-term care beds to an existing health care facility by relocation of beds or for the development of a new health care facility by relocation of beds unless all of the following conditions are met:
(i) The existing health care facility to which the beds are being relocated has no life safety code waivers, no state fire code violations, and no state building code violations;
(ii) During the sixty month period preceding the filing of the application, no notice of proposed revocation of the facility's license was issued under section 3721.03 of the Revised Code to the operator of the existing facility to which the beds are being relocated or to any health care facility owned or operated by the applicant or any principal participant in the same corporation or other business;
(iii) Neither the existing health care facility to which the beds are being relocated nor any health care facility owned or operated by the applicant or any principal participant in the same corporation or other business has had a long-standing pattern of violations of this chapter or deficiencies that caused one or more residents physical, emotional, mental, or psychosocial harm.
(b) The director also shall accept for review any
application that
seeks certificate of need approval for existing the conversion of infirmary
beds located in an to long-term care beds if the infirmary
that is meets all of the following conditions:
(i) Is
operated exclusively by a
religious order, provides;
(ii) Provides care exclusively to
members of religious
orders who take vows of celibacy and live by virtue of
their vows
within the orders as if related, and was;
(iii) Was providing care
exclusively
to members of such a religious order on January 1,
1994.
(D) The director shall issue a decision regarding any case
remanded by
a
court as the result of a decision issued by the
director prior to
July 1, 1993, to grant, deny, or withdraw a
certificate of need for any of the purposes described in
divisions
(B)(1)(a) to (c) of this section.
(E) The director shall not project the need for beds
listed
in division (B)(1) of this section for the period
beginning July
1, 1993, and ending
June 30,
2005 2007.
This section is an interim section effective until
July 1,
2005 2007.
Sec. 3702.71. As used in sections 3702.71 to 3702.81 of
the
Revised Code:
(A)
"Primary care physician" means an individual who is
authorized under
Chapter 4731. of the Revised Code to practice
medicine and surgery or
osteopathic medicine and surgery and is
board certified or board eligible in a
primary care specialty.
(B)
"Primary care service" means professional
comprehensive
personal health services, which may include health
education and
disease prevention, treatment of uncomplicated
health problems,
diagnosis of chronic health problems, and
overall management of
health care services for an individual or a
family, and the services of a psychiatrist.
"Primary care
service" also includes providing the
initial contact for health
care services and making referrals for
secondary and tertiary care
and for continuity of health care
services.
(C)
"Primary care specialty" means general internal
medicine, pediatrics,
obstetrics and gynecology, psychiatry, or family
practice.
Sec. 3702.74. (A) A primary care physician who has signed a
letter of intent under section 3702.73 of the Revised Code, the
director of health, and the Ohio board of
regents may enter into a
contract for the physician's participation in the
physician loan
repayment program. A lending institution may also be a party
to
the contract.
(B) The contract shall include all of the following
obligations:
(1) The primary care physician agrees to provide primary
care services in the
health resource shortage area identified in
the letter of intent for at least
two years or one
year per twenty
thousand dollars of repayment agreed to under
division (B)(3) of
this section, whichever is greater;
(2) When providing primary care services in the health
resource shortage
area, the primary care physician agrees to do
all of the
following:
(a) Provide primary care services for a minimum of forty
hours per week;
(b) Provide primary care services without regard to a
patient's ability to pay;
(c) Meet the conditions prescribed by the
"Social Security
Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended, and the
department of job and family services for participation in
the
medical
assistance program established under Chapter 5111. of the
Revised
Code and enter into a contract with the department to
provide
primary care services to recipients of the medical
assistance
program;
(d) Meet the conditions established by the department of
job
and family services for participation in the disability
medical assistance
program established under Chapter 5115. of the
Revised Code
and enter into a contract with the department to
provide primary
care services to recipients of disability
medical assistance.
(3) The Ohio board of regents agrees, as
provided in section
3702.75 of
the Revised Code, to repay, so long as the primary care
physician performs the
service obligation agreed to under division
(B)(1) of this section, all or
part of the principal and interest
of a government or other educational loan
taken by the primary
care physician for expenses described in section 3702.75
of the
Revised Code;
(4) The primary care physician agrees to pay the
board the
following as
damages if the physician fails to complete the
service obligation agreed to
under division (B)(1) of this
section:
(a) If the failure occurs during the first two years of
the
service obligation, three times the total amount the
board has
agreed to repay under division (B)(3) of
this section;
(b) If the failure occurs after the first two years of the
service obligation, three times the amount the board
is still
obligated to repay under division (B)(3) of this
section.
(C) The contract may include any other terms agreed upon by
the parties,
including an assignment to the Ohio board of
regents
of the physician's
duty to pay the principal and interest of a
government or other educational
loan taken by the physician for
expenses described in section 3702.75 of the
Revised Code. If the
board assumes the physician's
duty to pay a loan,
the contract
shall set forth the total amount of principal and interest to be
paid, an amortization schedule, and the amount of each payment to
be made
under the schedule.
Sec. 3702.83. The department of health shall administer a program, to be known as the J-1 visa waiver program, for recruiting physicians who received graduate medical education or training in the United States but are not citizens of the United States to serve in areas of the state designated by the United States secretary of health and human services as health professional shortage areas under the "Public Health Service Act," 88 Stat. 682 (1944), 42 U.S.C. 254(e), as amended. Under the program, the department of health shall accept and review applications for placement of persons seeking to remain in the United States pursuant to the "Immigration and Nationality Act," 66 Stat. 163 (1952), 8 U.S.C. 1182(J)(1) and 1184(l), as amended, by obtaining a waiver of the federal requirement that they return to their home countries for a minimum of two years after completing the graduate medical education or training for which they were admitted to the United States. The department shall administer the program in accordance with the "Immigration and Nationality Act" and the regulations adopted under it.
For each application accepted for review under this section, the department shall charge a fee of three thousand five hundred seventy-one dollars. The fee is nonrefundable. All fees collected shall be deposited into the state treasury to the credit of general operations fund created in section 3701.83 of the Revised Code.
Sec. 3703.01. (A) The division of industrial compliance in the
department
of commerce shall:
(1) Inspect all
nonresidential buildings within the meaning
of section
3781.06 of the Revised Code;
(2) Condemn all unsanitary or defective plumbing that is
found in connection with those places;
(3) Order changes in plumbing necessary to
insure the safety of the public health.
(B)(1) The division of industrial compliance and
boards of health of
city and general
health districts shall not inspect plumbing or
collect fees for
inspecting plumbing in particular types of
buildings in any
municipal corporation that has been certified by
the board
of
building standards under section 3781.10 of the
Revised Code to
exercise enforcement authority for plumbing in
such types of
buildings.
(2) The division shall not inspect plumbing or collect
fees
for
inspecting plumbing in particular types of buildings in any
health
district that has employed one or more approved
plumbing
inspectors to enforce Chapters 3781. and 3791. of the Revised
Code
and the
rules adopted pursuant to those chapters relating to
plumbing in such types of buildings.
(3) A municipal corporation does not have jurisdiction to
inspect
plumbing or collect fees for the inspection of plumbing
in types
of buildings for which it has not been certified by the
board of
building standards under section 3781.10 of the Revised
Code to
exercise enforcement authority.
(4) A board of health of a health district does not
have
jurisdiction to inspect plumbing or collect fees for the
inspection of plumbing in types of buildings for which it does
not
have an approved plumbing inspector.
(C) The superintendent of industrial compliance
shall adopt
rules
prescribing minimum qualifications based on education, training,
experience, or demonstrated ability, which the director superintendent
shall use
in approving certifying or recertifying plumbing inspectors to do plumbing
inspections for
health districts and for continuing education of plumbing inspectors. Such minimum qualifications
shall be related to
the types of buildings for which a person
seeks approval.
(D) The superintendent may enter into reciprocal registration, licensure, or certification agreements with other states and other agencies of this state relative to plumbing inspectors if both of the following apply:
(1) The requirements for registration, licensure, or certification of plumbing inspectors under the laws of the other state or laws administered by the other agency are substantially equal to the requirements the superintendent adopts under division (C) of this section for certifying plumbing inspectors.
(2) The other state or agency extends similar reciprocity to persons certified under this chapter.
(E) The superintendent may select and contract with one or more persons to do all of the following regarding examinations for certification of plumbing inspectors:
(1) Prepare, administer, score, and maintain the confidentiality of the examination;
(2) Maintain responsibility for all expenses required to comply with division (E)(1) of this section;
(3) Charge each applicant a fee for administering the examination in an amount the superintendent authorizes;
(4) Design the examination for certification of plumbing inspectors to determine an applicant's competence to inspect plumbing.
(F) Standards and methods prescribed in local plumbing
regulations shall not be less than those prescribed in Chapters
3781. and 3791. of the Revised Code and the rules adopted
pursuant to those chapters.
(E)(G) Notwithstanding any other provision of this section, the
division shall make a plumbing inspection of any
building or other
place that there is reason to believe is in
a condition to
be a menace to the public health.
Sec. 3703.03. In the administration of sections 3703.01 to 3703.09 of the
Revised Code, the division of industrial compliance in the department
of commerce
shall enforce rules
governing plumbing adopted by the board of building
standards
under authority of sections 3781.10 and 3781.11 of the Revised Code, and
register those persons engaged in or at the plumbing business.
Plans and specifications for all plumbing to be installed in or for buildings
coming within such sections shall be submitted to and approved by the
division before the contract for plumbing is let.
Sec. 3703.04. The
director superintendent of commerce industrial compliance shall appoint such
number of plumbing
inspectors as is required. The inspectors shall be practical
plumbers with
at least seven years' experience, and skilled and well-trained in matters
pertaining to sanitary regulations concerning plumbing work.
No plumbing inspector employed by the department and assigned to the
enforcement of this chapter
shall be engaged or interested in the plumbing business or the sale of any
plumbing supplies, nor shall the inspector act as agent,
directly or indirectly, for any
person so engaged.
Sec. 3703.05. Plumbing inspectors employed by the department division of
commerce industrial compliance assigned to the enforcement of sections 3703.01 to 3703.09 of the
Revised Code, may, between sunrise and sunset, enter any building where there
is good and sufficient reason to believe that the sanitary condition of
the premises endangers the public
health, for the purpose of making
an inspection to ascertain the condition of
the premises.
Sec. 3703.06. When any building is found to be in a sanitary condition or
when changes which are ordered, under authority of this chapter, in the
plumbing,
drainage, or
ventilation have been made, and after a thorough inspection and approval by
the division superintendent of industrial compliance in the department of commerce,
the division superintendent shall issue
a certificate signed by the superintendent of
the division of industrial compliance, which must shall be
posted in a conspicuous place for the benefit of the public at
large. Upon notification by the superintendent, the
certificate shall
be revoked
for any violation of those sections.
Sec. 3703.07. No plumbing work shall be done in any
building or place coming within the jurisdiction of the
department division of commerce industrial compliance, except in cases of repairs or leaks in
existing plumbing, until a permit has been issued by the
department division.
Before granting such permit, an application shall be made
by the owner of the property or by the person, firm, or
corporation which is to do the work. The application shall be
made on a form prepared by the department division for the purpose, and
each application shall be accompanied by a fee of twenty-seven
dollars, and an additional fee of seven dollars for each trap,
vented fixture, appliance, or device. Each application also shall
be accompanied by a plan approval fee of eighteen dollars
for work containing one through twenty fixtures; thirty-six
dollars for work containing twenty-one through forty fixtures;
and fifty-four dollars for work containing forty-one or more
fixtures.
Whenever a reinspection is made necessary by the failure of
the applicant or plumbing contractor to have the work ready for
inspection when so reported, or by reason of faulty or improper
installation, the person shall pay a fee of forty-five dollars
for each reinspection.
All fees collected pursuant to this section shall be paid into the state
treasury to the credit of the industrial compliance operating fund created in
section 121.084 of the Revised Code.
The director superintendent of commerce industrial compliance, by rule
adopted in accordance with Chapter 119. of the Revised Code, may
increase the fees required by this section and may establish fees to pay the costs of the division to fulfill its duties established by this chapter, including, but not limited to, fees for administering a program for continuing education for, and certifying and recertifying plumbing inspectors. The fees shall bear some reasonable relationship to the cost of administering and enforcing the provisions of this chapter.
Sec. 3703.08. Any owner, agent, or manager, of a building in which an
inspection is made by the department division of
commerce industrial compliance, a board of health of a health district, or a certified
department of building inspection of a municipal corporation, shall
have the entire system of drainage and ventilation repaired, as the
department of commerce division, board of health, or
department of building inspection directs by its order. After due
notice to repair such work is given, the
owner, agent, or manager shall notify the public
authority that issued the order when the work is ready
for its inspection. No person shall fail to have the work ready for
inspection at the time specified in the notice.
Sec. 3703.10. All prosecutions and proceedings by the department division of
commerce industrial compliance for the violation of sections 3703.01 to 3703.09
of the Revised Code, or for the
violation of any of the orders or rules of the department division under those sections, shall be instituted
by the director superintendent of commerce industrial compliance. All fines or judgments collected by the
department division shall be paid into the state treasury to the credit of the
industrial compliance operating fund created by section 121.084 of the Revised
Code.
The director superintendent, the board of health of a general or city health district, or
any person charged with enforcing the rules of the department division adopted under sections 3703.01 to 3703.09 of the Revised Code may petition the
court of common pleas for injunctive or other appropriate relief requiring any
person violating a rule adopted or order issued by the director superintendent under those sections to comply with the rule or order. The court of common pleas of the
county in which the offense is alleged to be occurring
may grant injunctive or
other appropriate relief.
The superintendent may do all of the following:
(A) Deny an applicant certification as a plumbing inspector;
(B) Suspend or revoke the certification of a plumbing inspector;
(C) Examine any certified plumbing inspector under oath;
(D) Examine the records and books of any certified plumbing inspector if the superintendent finds the material to be examined relevant to a determination described in division (A), (B), or (C) of this section.
Sec. 3703.99. Whoever violates sections 3703.01 to 3703.09 of the Revised
Code, or any rule the
department division of commerce industrial compliance is
required to enforce under such sections, shall be fined not less than ten nor
more than one hundred dollars or imprisoned for not less than ten nor more
than ninety days, or both. No person shall be imprisoned under this
section
for the first offense, and the prosecution always shall be as for
a first
offense unless the affidavit upon which the prosecution is instituted contains
the allegation that the offense is a second or repeated offense.
Sec. 3704.035. There is hereby created in the state
treasury the clean air fund. Except as otherwise provided in
division (K) of section 3745.11 of the Revised Code, all moneys
collected under divisions (C), (D), (F), (G), (H), (I), and (J)
of that section and under section 3745.111 of the Revised Code,
and any gifts, grants, or contributions received by the director
of environmental protection for the purposes of the fund, shall
be credited to the fund. The director shall expend moneys from
the fund exclusively to pay the cost of administering and
enforcing the laws of this state pertaining to the prevention,
control, and abatement of air pollution and rules adopted and
terms and conditions of permits, variances, and orders issued
under those laws, except that the director shall not expend
moneys credited to the fund for the administration and
enforcement of motor vehicle inspection and maintenance programs
and requirements under sections 3704.14, 3704.141, 3704.16,
3704.161, and 3704.162, and 3704.17 of the Revised Code.
Specifically, the director shall expend all moneys credited
to the fund from fees assessed under section 3745.11 of the
Revised Code pursuant to the Title V permit program established
under section 3704.036 of the Revised Code, and from any gifts,
grants, or contributions received for the purposes of that
program, solely to administer and enforce that program pursuant
to the federal Clean Air Act, this chapter, and rules adopted
under it, except as costs relating to enforcement are limited by
the federal Clean Air Act. The director shall establish separate
and distinct accounting for all such moneys.
The director shall report biennially to the general
assembly the amounts of fees and other moneys credited to the
fund under this section and the amounts expended from it for each
of the various air pollution control programs.
Sec. 3704.14. (A) The director of environmental protection shall continue to implement an enhanced motor vehicle inspection and maintenance program for a period of two years beginning on January 1, 2006, and ending on December 31, 2007, in counties in which a motor vehicle inspection and maintenance program is federally mandated. The program shall be substantially similar to the enhanced program implemented in those counties under a contract that is scheduled to expire on December 31, 2005. The program, at a minimum, shall do all of the following:
(1) Comply with the federal Clean Air Act;
(2) Provide for the extension of a contract for a period of two years, beginning on January 1, 2006, and ending on December 31, 2007, with the contractor who conducted the enhanced motor vehicle inspection and maintenance program in those federally mandated counties pursuant to a contract entered into under former section 3704.14 of the Revised Code as that section existed prior to its repeal and reenactment by Am. Sub. H.B. 66 of the 126th General Assembly;
(3) Provide for the issuance of inspection certificates;
(4) Provide for a new car exemption for motor vehicles four years old or newer and provide that a new motor vehicle is exempt for four years regardless of whether legal title to the motor vehicle is transferred during that period.
(B) The director shall not implement a motor vehicle inspection and maintenance program in any county other than a county in which a motor vehicle inspection and maintenance program is federally mandated.
(C) The director shall adopt rules in accordance with Chapter 119. of the Revised Code that the director determines are necessary to implement this section. The director may continue to implement and enforce rules pertaining to the enhanced motor vehicle inspection and maintenance program previously implemented under former section 3704.14 of the Revised Code as that section existed prior to its repeal and reenactment by Am. Sub. H.B. 66 of the 126th general assembly, provided that the rules do not conflict with this section.
(D) There is hereby created in the state treasury the motor vehicle inspection and maintenance fund, which shall consist of money received by the director from any fees for inspections that are established in rules adopted under this section. The director shall use money in the fund solely for the implementation, supervision, administration, operation, and enforcement of the enhanced motor vehicle inspection and maintenance program established under this section.
(E) The enhanced motor vehicle inspection and maintenance program established under this section expires on December 31, 2007, and shall not be continued beyond that date unless otherwise federally mandated.
Sec. 3704.143. (A) As used in this section, "contract"
means
a contract entered into by the state under former section 3704.14
of the
Revised Code, as that section existed prior to its repeal and reenactment by Am. Sub. H.B. 66 of the 126th General Assembly, with a private contractor for the purpose of
conducting emissions inspections under a motor vehicle inspection
and maintenance program.
(B) Notwithstanding division (D)(5) of Except as authorized in section 3704.14 of
the Revised Code, the director of administrative services or as that section was reenacted by Am. Sub. H.B. 66 of the 126th General Assembly, the director
of environmental protection, as applicable, shall not
renew any
contract that is in existence on
September 5, 2001. Further, except as authorized in that section, the director of administrative services or
the
director of environmental protection, as applicable, shall not
enter into a new contract upon the expiration or termination of
any contract that is in existence on
September 5, 2001, or enter into any new contract for the implementation of a motor vehicle inspection and maintenance program in a county in which such a program is not operating on that date.
(C) Notwithstanding Except as authorized in section 3704.14 of the Revised Code or
any other section of the Revised Code that requires emissions
inspections to be conducted or proof of such inspections to be
provided, as that section was reenacted by Am. Sub. H.B. 66 of the 126th General Assembly, upon the expiration or termination of all contracts that
are in existence on
September 5, 2001, the
director of environmental protection shall terminate all motor
vehicle inspection and maintenance programs in this state and
shall not implement a new motor vehicle inspection and maintenance
program unless this section is repealed and such a program is
authorized by the general assembly.
(D) Notwithstanding section 3704.14 of the Revised Code or any other section of the Revised Code that requires emissions inspections to be conducted or proof of such inspections to be provided, if If the general assembly authorizes any program for the inspection of motor vehicle emissions under division (C) of this section after all contracts for a motor vehicle inspection and maintenance program that are in existence on September 5, 2001, terminate or expire, a motor vehicle, the legal title to which has never been transferred by a manufacturer, distributor, or dealer to an ultimate purchaser as defined in section 4517.01 of the Revised Code, shall be exempt from any emissions inspections that are required under such a program for a period of five not less than four years commencing on the date when the first certificate of title to the vehicle was issued on behalf of the ultimate purchaser under Chapter 4503. of the Revised Code. A motor vehicle that is exempt from any emissions inspections for a period of five years under this division shall remain exempt during that five-year period regardless of whether legal title to the motor vehicle is transferred during that period.
Sec. 3704.144. Gifts, grants, and contributions for the purpose of adding pollution control equipment to diesel-powered school buses, including contributions that are made pursuant to the settlement of an administrative action or civil action that is brought at the request of the director of environmental protection pursuant to Chapter 3704., 3714., 3734., 6109., or 6111. of the Revised Code, shall be credited to the clean diesel school bus fund, which is hereby created in the state treasury. The director shall use money credited to the fund to make grants to school districts in the state for the purpose of adding pollution control equipment to diesel-powered school buses and to pay the environmental protection agency's costs incurred in administering this section. In addition, the director may use money credited to the fund to make grants to school districts for the purpose of maintaining pollution control equipment that is installed on diesel-powered school buses and to pay the additional cost incurred by a school district for using ultra-low sulfur diesel fuel instead of diesel fuel for the operation of diesel-powered school buses.
In making grants under this section, the director shall give priority to school districts that are located in a county that is designated as nonattainment by the United States environmental protection agency for the fine particulate national ambient air quality standard under the federal Clean Air Act. In addition, the director may give a higher priority to a school district that employs additional measures that reduce air pollution from the district's school bus fleet.
The director shall adopt rules establishing procedures and requirements that are necessary to implement this section, including procedures and requirements governing applications for grants.
Sec. 3704.99. (A) Whoever recklessly violates division
(A), (B), (C), (D), (E), (F), (G), or (I) of section 3704.05 or division
(B)(5) of section 3704.16 of
the Revised Code shall be fined not more than twenty-five
thousand dollars or imprisoned not more than one year, or both,
for each violation. Each day the violation continues after a
conviction for a violation is a separate offense.
(B) Whoever knowingly violates division (H), (J), or (K)
of section 3704.05 of the Revised Code shall be fined not more
than ten thousand dollars for each day of each such violation.
(C) Whoever violates section 3704.15 or division (B)(1) or
(2) or (C)(1) or (2) of section 3704.17 of the Revised Code is
guilty of a misdemeanor of the first degree.
(D) Whoever violates division (B)(2) or knowingly violates
division (C)(1) of section 3704.16 of the Revised Code is guilty
of a minor misdemeanor.
(E) Whoever violates division (B)(1) or (3) or knowingly
violates division (C)(2) or (3) of section 3704.16 of the Revised
Code shall be fined not less than five hundred nor more than
twenty-five hundred dollars for each day of each violation.
(F) Whoever recklessly violates division (B)(4) of section 3704.16 of the
Revised Code shall be fined not more than twenty-five thousand dollars or
imprisoned not more than one year, or both, for each violation. Each day the
violation continues after a conviction for a violation is a separate offense.
(G) The sentencing court, in addition to the penalty
provided in divisions (D), (E), and (F) of this section, shall
order the offender to restore within thirty days any emission
control system that was tampered with in connection with the
violation or to provide proof that the motor vehicle whose
emission control system was tampered with has been dismantled or
destroyed. The court may extend that deadline for good cause
shown. If the offender does not take the corrective action
ordered under this division, each day that the violation
continues is a separate offense. Violation of a court order
entered under this division is punishable as contempt under
Chapter 2705. of the Revised Code.
Sec. 3705.24. (A)(1) The public health council shall, in accordance with section 111.15 of the Revised Code, adopt rules prescribing fees for the following services provided by the state office of vital statistics:
(a) Except as provided in division (A)(4) of this section:
(i) A certified copy of a vital record or a certification of birth;
(ii) A search by the office of vital statistics of its files and records pursuant to a request for information, regardless of whether a copy of a record is provided;
(iii) A copy of a record provided pursuant to a request;
(b) Replacement of a birth certificate following an adoption, legitimation, paternity determination or acknowledgement, or court order;
(c) Filing of a delayed registration of a vital record;
(d) Amendment of a vital record that is requested later than one year after the filing date of the vital record;
(e) Any other documents or services for which the public health council considers the charging of a fee appropriate.
(2) Fees prescribed under division (A)(1)(a) of this section shall not be less than seven dollars.
(3) Fees prescribed under division (A)(1) of this section shall be collected in addition to any fee fees required by section sections 3109.14 and 3705.242 of the Revised Code.
(4) Fees prescribed under division (A) of this section shall not apply to certifications issued under division (H) of this section or copies provided under section 3705.241 of the Revised Code.
(B) In addition to the fees prescribed under division (A) of this section or section 3709.09 of the Revised Code, the office of vital statistics or the board of health of a city or general health district shall charge a five-dollar fee for each certified copy of a vital record and each certification of birth. This fee shall be deposited in the general operations fund created under section 3701.83 of the Revised Code and be used solely toward the modernization and automation of the system of vital records in this state. A board of health shall forward all fees collected under this division to the department of health not later than thirty days after the end of each calendar quarter.
(C) Except as otherwise provided in division (H) of
this section, and except as provided in section 3705.241
of the Revised Code, fees collected by the director of health under
sections 3705.01 to 3705.29 of the Revised Code shall be paid
into the state treasury to the credit of the general operations fund
created by section 3701.83 of the Revised Code.
Except as provided in division (B) of this section, money generated by the fees shall be used only for administration and
enforcement of this chapter and the rules adopted under it.
Amounts submitted to the
department of health for copies of vital records or services in excess of the
fees imposed by this section shall be dealt with as follows:
(1) An overpayment of two dollars or less shall be
retained by the department and deposited in the state treasury to the
credit of the general operations fund created by section 3701.83 of the
Revised Code.
(2) An overpayment in excess of two dollars shall be
returned to the person who made the overpayment.
(D) If a local registrar is a salaried employee of a city
or a general health district, any fees the local registrar
receives pursuant to section 3705.23 of the Revised Code shall be paid into
the general fund of the city or the health fund of the general health
district.
Each local registrar of vital statistics, or each health
district where the local registrar is a salaried employee of the
district, shall be entitled to a fee for each birth, fetal death,
death, or military service certificate properly and completely
made out and registered with the local registrar or district and
correctly copied and
forwarded to the office of vital statistics in accordance with
the population of the primary registration district at the last
federal census. The fee for each birth, fetal death, death, or
military service certificate shall be:
(1) In primary registration districts of over two hundred
fifty thousand, twenty cents;
(2) In primary registration districts of over one hundred
twenty-five thousand and less than two hundred fifty thousand,
sixty cents;
(3) In primary registration districts of over fifty
thousand and less than one hundred twenty-five thousand, eighty
cents;
(4) In primary registration districts of less than fifty
thousand, one dollar.
(E) The director of health shall annually certify to the
county treasurers of the several counties the number of birth, fetal death, death, and military service certificates registered
from their respective counties with the names of the local
registrars and the amounts due each registrar and health district
at the rates fixed in this section. Such amounts shall be paid
by the treasurer of the county in which the registration
districts are located. No fees shall be charged or collected by
registrars except as provided by this chapter and section 3109.14
of the Revised Code.
(F) A probate judge shall be paid a fee of fifteen cents
for each certified abstract of marriage prepared and forwarded by
the probate judge to the department of health pursuant to section 3705.21 of
the Revised Code. The fee shall be in addition to the fee paid
for a marriage license and shall be paid by the applicants for
the license.
(G) The clerk of a court of common pleas shall be paid a
fee of one dollar for each certificate of divorce, dissolution,
and annulment of marriage prepared and forwarded by the clerk to the
department pursuant to section 3705.21 of the Revised Code. The
fee for the certified abstract of divorce, dissolution, or
annulment of marriage shall be added to the court costs allowed
in these cases.
(H) The fee for an heirloom certification of birth issued
pursuant to
division (B)(2) of section 3705.23 of the Revised
Code shall be an amount prescribed by rule by the
director of health plus any fee required by section 3109.14 of the
Revised Code. In setting the amount of the fee, the director shall
establish a surcharge in addition to an amount necessary to offset the expense
of processing heirloom certifications of birth. The fee prescribed
by the director of health
pursuant to this division shall be deposited
into
the state treasury to the credit of the heirloom certification of birth fund
which is hereby created. Money credited to the fund shall be used by the
office of vital statistics to offset the expense of processing heirloom
certifications of birth. However, the money collected for the surcharge,
subject to the approval of the controlling board, shall be used for the
purposes specified by the family and children first council pursuant to
section 121.37 of the Revised Code.
Sec. 3705.242. (A)(1) The director of health, a person authorized by the director, a local commissioner of health, or a local registrar of vital statistics shall charge and collect a fee of one dollar and fifty cents for each certified copy of a birth record, each certification of birth, and each copy of a death record. The fee is in addition to the fee imposed by section 3705.24 or any other section of the Revised Code. A local commissioner of health or local registrar of vital statistics may retain an amount of each additional fee collected, not to exceed three per cent of the amount of the additional fee, to be used for costs directly related to the collection of the fee and the forwarding of the fee to the treasurer of state.
(2) On the filing of a divorce decree under section 3105.10 or a decree of dissolution under section 3105.65 of the Revised Code, a court of common pleas shall charge and collect a fee of five dollars and fifty cents. The fee is in addition to any other court costs or fees. The county clerk of courts may retain an amount of each additional fee collected, not to exceed three per cent of the amount of the additional fee, to be used for costs directly related to the collection of the fee and the forwarding of the fee to the treasurer of state.
(B) The additional fees collected, but not retained, under this section during each month shall be forwarded not later than the tenth day of the immediately following month to the treasurer of state, who shall deposit the fees in the state treasury to the credit of the family violence prevention fund, which is hereby created. A person or government entity that fails to forward the fees in a timely manner, as determined by the treasurer of state, shall forward to the treasurer of state, in addition to the fees, a penalty equal to ten per cent of the fees.
The treasurer of state shall invest the moneys in the fund. All earnings resulting from investment of the fund shall be credited to the fund, except that actual administration costs incurred by the treasurer of state in administering the fund may be deducted from the earnings resulting from investments. The amount that may be deducted shall not exceed three per cent of the total amount of fees credited to the fund in each fiscal year. The balance of the investment earnings shall be credited to the fund.
(C) The director of public safety shall use money credited to the fund to provide grants to family violence shelters in Ohio.
Sec. 3712.03. (A) In accordance with Chapter 119. of the
Revised Code, the public health council shall adopt, and may
amend and rescind, rules:
(1) Providing for the licensing of persons or public
agencies providing hospice care programs within this state by the
department of health and for the suspension and revocation of
licenses;
(2) Establishing a license fee and license renewal fee not
to exceed three hundred dollars. The fees shall cover the
three-year period during which an existing license is valid as
provided in division (B) of section 3712.04 of the Revised Code.
(3) Establishing an inspection fee not to exceed one thousand seven hundred fifty dollars;
(4) Establishing requirements for hospice care program
facilities and services;
(4)(5) Providing for a waiver of the requirement for the
provision of physical, occupational, or speech or language
therapy contained in division (A)(2) of section 3712.01 of the
Revised Code when the requirement would create a hardship because
such therapy is not readily available in the geographic area
served by the provider of a hospice care program;
(5)(6) Providing for the granting of licenses to provide
hospice care programs to persons and public agencies that are
accredited or certified to provide such programs by an entity
whose standards for accreditation or certification equal or
exceed those provided for licensure under this chapter and rules
adopted under it; and
(6)(7) Establishing interpretive guidelines for each rule.
(B) Subject to the approval of the controlling board, the
public health council may establish fees in excess of the amounts
provided by sections 3712.01 and 3712.03 to 3712.06 of the Revised Code,
provided that the fees do not exceed those amounts by greater
than fifty per cent.
(C) The department of health shall:
(1) Grant, suspend, and revoke licenses for hospice care
programs in accordance with this chapter and rules adopted under
it;
(2) Make such inspections as are necessary to determine
whether hospice care program facilities and services meet the
requirements of this chapter and rules adopted under it; and
(3) Implement and enforce this chapter and rules adopted
under it.
Sec. 3714.07. (A)(1) For the purpose of assisting boards of
health
and the environmental protection agency in administering
and enforcing this
chapter and rules adopted under it, there is
hereby levied on the disposal of
construction and demolition
debris at a construction and demolition debris facility that is licensed under this chapter or at a solid waste facility that is licensed under Chapter 3734. of the Revised Code a
fee of thirty cents per cubic yard or
sixty cents per
ton,
as
applicable.
(2) The owner or operator of a construction and demolition debris facility or a solid waste facility shall
determine
if cubic yards or tons will be used as the unit of
measurement. In estimating the fee based on cubic yards, the owner or
operator shall
utilize either
the maximum cubic yard capacity of the container, or the
hauling volume of the
vehicle, that transports the construction
and demolition debris to the facility or the cubic yards actually logged for disposal by the owner or operator in accordance with rules adopted under section 3714.02 of the Revised Code. If basing the fee on
tonnage, the owner or operator shall use certified scales to
determine the tonnage of construction and demolition debris that
is transported to the facility for disposal.
(3) The owner or operator of a construction and demolition debris
facility
or a solid waste facility shall collect the fee levied under division (A) of this section as a
trustee for the health
district having jurisdiction over the
facility, if that district is on the
approved list under section
3714.09 of the Revised Code, or
for the state. The owner or
operator shall prepare and file with the
appropriate board of
health or the director of environmental protection
monthly returns
indicating the total volume or weight, as applicable, of construction and demolition
debris
received for disposal at the facility and the total amount of
money
required to be collected on the construction and demolition
debris disposed of
during that month. Not later than thirty days
after the last day of the month to which the return applies, the
owner or
operator shall mail to the board of health or the
director the return for that
month together with the money
required to be collected on the construction
and demolition debris
disposed of during that month. The owner or
operator may request,
in writing, an extension of not more than thirty days
after the
last day of the month to which the return applies. A request for
extension may be denied. If the owner or operator submits the
money late, the owner or operator shall pay a penalty of
ten per cent
of the amount of the money due for each
month that it is late.
(4) Of the money that is collected from a construction and
demolition debris facility or a solid waste facility on a per cubic yard or per ton basis
under
this section, a board of health shall transmit three cents per
cubic
yard or six cents per ton, as applicable, to the director
not
later than forty-five days after the receipt of the money.
The money retained by a board of health
under this
section shall
be paid into a special fund, which is hereby created in each
health district, and used solely to administer and enforce this
chapter and rules adopted under it.
The director shall transmit all money received from the
boards of health of health districts under this section and all
money from the disposal fee collected by the director under this
section to
the treasurer of state to be credited to the
construction and
demolition debris facility oversight fund, which
is hereby
created in the state treasury. The
fund shall be
administered by the
director, and money credited to the fund
shall be used
exclusively for the administration and enforcement
of this
chapter and rules adopted under it.
(B) The board of health of
a health district or the director
may enter into an agreement with the owner
or
operator of a
construction and demolition debris facility
or a solid waste facility for
the quarterly
payment of the money collected from the disposal
fee. The board
of health shall notify the director of any such agreement.
Not
later than forty-five days after receipt of the quarterly payment,
the board of health shall transmit the amount established in division (A)(5)(4) of this section to the director. The
money
retained by the board of health shall be deposited in the
special
fund of the district as required under that division. Upon receipt of the money from a board of
health, the
director shall transmit the money to the treasurer
of state to
be credited to the construction and demolition debris
facility
oversight fund.
(C) If a construction and demolition debris facility or a solid waste facility is
located
within
the territorial boundaries of a municipal
corporation or the
unincorporated area of a township, the
municipal corporation or township
may appropriate up to four
cents
per cubic yard or up to eight cents
per ton of the disposal
fee
required to be paid by the facility under division
(A)
of this
section for the same purposes that a municipal corporation or
township may levy a fee under division (C) of section
3734.57 of
the Revised Code.
The legislative authority of the municipal corporation or
township may appropriate the money from the fee by
enacting an
ordinance or adopting a resolution establishing the amount
of the fee to be
appropriated. Upon doing so, the
legislative authority shall mail
a certified copy of the
ordinance or resolution to the board of
health of the health
district in which the construction and
demolition debris
facility or the solid waste facility is located or, if the facility is
located in a health
district that is not on the approved list
under section
3714.09 of the Revised
Code, to the director. Upon
receipt of the copy of the ordinance or resolution and not later
than forty-five days after receipt of money collected from the
fee,
the board or the director, as applicable, shall
transmit to
the treasurer or other appropriate officer of the municipal
corporation or clerk of the township that portion of the money
collected from the disposal fee by the owner or operator of the
facility that is
required by the ordinance or resolution to be paid to
that
municipal corporation or township.
Money received by the treasurer or other appropriate officer
of
a municipal corporation under this division shall be paid into
the general fund of the municipal corporation. Money received
by
the clerk of a township under this division shall be paid
into the
general fund of the township. The treasurer or
other officer of
the municipal corporation or the clerk of the
township, as
appropriate, shall maintain separate records of the
money
received under this division.
The legislative authority of a municipal corporation or
township may cease collecting money under this division by
repealing the ordinance or resolution that was enacted or adopted
under
this division.
(D) The board of county commissioners of a county in which a construction and demolition debris facility or a solid waste facility is located may appropriate up to three cents per cubic yard or up to six cents per ton of the disposal fee required to be paid by the facility under division (A) of this section for the same purposes that a solid waste management district may levy a fee under division (B) of section 3734.57 of the Revised Code.
The board of county commissioners may appropriate the money from the fee by adopting a resolution establishing the amount of the fee to be appropriated. Upon doing so, the board of county commissioners shall mail a certified copy of the resolution to the board of health of the health district in which the construction and demolition debris facility or the solid waste facility is located or, if the facility is located in a health district that is not on the approved list under section 3714.09 of the Revised Code, to the director. Upon receipt of the copy of the resolution and not later than forty-five days after receipt of money collected from the fee, the board of health or the director, as applicable, shall transmit to the treasurer of the county that portion of the money collected from the disposal fee by the owner or operator of the facility that is required by the resolution to be paid to that county.
Money received by a county treasurer under this division shall be paid into the general fund of the county. The county treasurer shall maintain separate records of the money received under this division.
A board of county commissioners may cease collecting money under this division by repealing the resolution that was adopted under this division.
(E)(1) This section does not apply to the disposal of construction and demolition debris at a solid waste facility that is licensed under Chapter 3734. of the Revised Code if there is no construction and demolition debris facility licensed under this chapter within forty thirty-five miles of the solid waste facility as determined by a facility's property boundaries.
(2) This section does not apply to the disposal of construction and demolition debris at a solid waste facility that is licensed under Chapter 3734. of the Revised Code if the owner or operator of the facility chooses to collect fees on the disposal of the construction and demolition debris that are identical to the fees that are collected under Chapters 343. and 3734. of the Revised Code on the disposal of solid wastes at that facility.
(3) This section does not apply to the disposal of source separated materials that are exclusively composed of reinforced or nonreinforced concrete, asphalt, clay tile, building or paving brick, or building or paving stone at a construction and demolition debris facility that is licensed under this chapter when either of the following applies:
(a) The materials are placed within the limits of construction and demolition debris placement at the facility as specified in the license issued to the facility under section 3714.06 of the Revised Code, are not placed within the unloading zone of the facility, and are used as a fire prevention measure in accordance with rules adopted by the director under section 3714.02 of the Revised Code.
(b) The materials are not placed within the unloading zone of the facility or within the limits of construction and demolition debris placement at the facility as specified in the license issued to the facility under section 3714.06 of the Revised Code, but are used as fill material, either alone or in conjunction with clean soil, sand, gravel, or other clean aggregates, in legitimate fill operations for construction purposes at the facility or to bring the facility up to a consistent grade.
Sec. 3714.073. (A) In addition to the fee levied under division (A)(1) of section 3714.07 of the Revised Code, beginning July 1, 2005, there is hereby levied on the disposal of construction and demolition debris at a construction and demolition debris facility that is licensed under this chapter or at a solid waste facility that is licensed under Chapter 3734. of the Revised Code the following fees:
(1) A fee of twelve and one-half cents per cubic yard or twenty-five cents per ton, as applicable, the proceeds of which shall be deposited in the state treasury to the credit of the soil and water conservation district assistance fund created in section 1515.14 of the Revised Code;
(2) A fee of thirty seven and one-half cents per cubic yard or seventy-five cents per ton, as applicable, the proceeds of which shall be deposited in the state treasury to the credit of the recycling and litter prevention fund created in section 1502.02 of the Revised Code.
(B) The owner or operator of a construction and demolition debris facility or a solid waste facility, as a trustee of the state, shall collect the fees levied under this section and remit the money from the fees in the manner that is established in divisions (A)(2) and (3) of section 3714.07 of the Revised Code for the fee that is levied under division (A)(1) of that section.
(C) The money that is collected from a construction and demolition debris facility or a solid waste facility and remitted to a board of health or the director of environmental protection, as applicable, pursuant to this section shall be transmitted by the board or director to the treasurer of state to be credited to the soil and water conservation district assistance fund or the recycling and litter prevention fund, as applicable.
(D) This section does not apply to the disposal of construction and demolition debris at a solid waste facility that is licensed under Chapter 3734. of the Revised Code if the owner or operator of the facility chooses to collect fees on the disposal of the construction and demolition debris that are identical to the fees that are collected under Chapters 343. and 3734. of the Revised Code on the disposal of solid wastes at that facility.
(E) This section does not apply to the disposal of source separated materials that are exclusively composed of reinforced or nonreinforced concrete, asphalt, clay tile, building or paving brick, or building or paving stone at a construction and demolition debris facility that is licensed under this chapter when either of the following applies:
(1) The materials are placed within the limits of construction and demolition debris placement at the facility as specified in the license issued to the facility under section 3714.06 of the Revised Code, are not placed within the unloading zone of the facility, and are used as a fire prevention measure in accordance with rules adopted by the director under section 3714.02 of the Revised Code.
(2) The materials are not placed within the unloading zone of the facility or within the limits of construction and demolition debris placement at the facility as specified in the license issued to the facility under section 3714.06 of the Revised Code, but are used as fill material, either alone or in conjunction with clean soil, sand, gravel, or other clean aggregates, in legitimate fill operations for construction purposes at the facility or to bring the facility up to a consistent grade.
Sec. 3715.04. (A) As used in this section:
(1) "Certificate of health and freesale" means a document issued by the director of agriculture that certifies to states and countries receiving products that the products have been produced and warehoused in this state under sanitary conditions at a food processing establishment or at a place of business of a manufacturer of over-the-counter drugs or cosmetics, as applicable, that has been inspected by the department of agriculture. Other names of documents that are synonymous with "certificate of health and freesale" include, but are not limited to, "sanitary certificate of health and freesale"; "certificate of origin"; "certificate of freesale"; "certificate of health and origin"; "certificate of freesale, sanitary and purity"; and "certificate of freesale, health and origin."
(2) "Food processing establishment" has the same meaning as in section 3715.021 of the Revised Code.
(B) Upon the request of a food processing establishment, manufacturer of over-the-counter drugs, or manufacturer of cosmetics, the director may issue a certificate of health and freesale after determining that conditions at the establishment or place of business of the manufacturer, as applicable, have been found to be sanitary through an inspection conducted pursuant to this chapter. For each certificate issued, the director shall charge the establishment or manufacturer a fee in the amount of twenty dollars. The director shall deposit all fees collected under this section to the credit of the food safety fund created in section 915.24 of the Revised Code.
Sec. 3721.01. (A) As used in sections 3721.01 to 3721.09
and 3721.99 of the Revised Code:
(1)(a) "Home" means an institution, residence, or facility
that provides, for
a period of more than twenty-four hours,
whether for a
consideration or not, accommodations to three or
more unrelated
individuals who are dependent upon the services of
others, including a nursing
home, residential care facility, home
for the aging, and
a veterans'
home
operated under
Chapter 5907. of the Revised Code.
(b) "Home" also means both of the following:
(i) Any facility that a person, as defined in section
3702.51 of the Revised Code, proposes for certification as a
skilled nursing
facility or nursing facility under Title XVIII or
XIX of the
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A.
301, as
amended, and for which a certificate of need, other than a
certificate to recategorize hospital beds as described in section
3702.522 of
the Revised Code or division (R)(7)(d) of the version
of section 3702.51 of
the Revised Code in effect immediately prior
to April 20, 1995, has been
granted to the person under sections
3702.51 to 3702.62 of the
Revised Code after August 5, 1989;
(ii) A county home or district home that is or has been
licensed
as a residential care facility.
(c) "Home" does not mean any of the following:
(i) Except as provided in division (A)(1)(b) of this
section, a public hospital or hospital as defined in section
3701.01 or 5122.01 of the Revised Code;
(ii) A residential facility for mentally ill persons as
defined under section 5119.22 of the Revised Code;
(iii) A residential facility as defined in section 5123.19
of the Revised Code;
(iv) A habilitation center as defined in section 5123.041
of
the Revised Code;
(v) A community alternative home as defined in section
3724.01 of the Revised Code;
(vi)(v) An adult care facility as defined in section 3722.01
of
the Revised Code;
(vii)(vi) An alcohol or drug addiction program as defined in
section 3793.01 of the Revised Code;
(viii)(vii) A facility licensed to provide methadone treatment
under section 3793.11 of the Revised Code;
(ix)(viii) A facility providing services under contract with the
department of mental retardation and developmental disabilities
under section 5123.18 of the Revised Code;
(x)(ix) A facility operated by a hospice care program licensed
under section 3712.04 of the Revised Code that is used
exclusively
for care of hospice patients;
(xi)(x) A facility, infirmary, or
other entity that is operated
by a religious order, provides care
exclusively to members of
religious orders who take vows of
celibacy and live by virtue of
their vows within the orders as if
related, and does not
participate in the medicare program
established under Title XVIII
of the "Social Security Act" or the
medical assistance program
established under Chapter 5111. of the
Revised Code and Title XIX
of the "Social Security Act," if on
January 1, 1994, the facility,
infirmary, or entity was providing
care exclusively to members of
the religious order;
(xii)(xi) A county home or district home that has never been
licensed
as a residential care facility.
(2) "Unrelated individual" means one who is not related to
the owner or operator of a home or to the spouse of the
owner or
operator as a parent, grandparent, child, grandchild, brother,
sister, niece, nephew, aunt, uncle, or as the child of an aunt or
uncle.
(3) "Mental impairment" does not mean mental illness as
defined in section 5122.01 of the Revised Code or mental
retardation as defined in section 5123.01 of the Revised Code.
(4) "Skilled nursing care" means procedures that require
technical skills and knowledge beyond those the untrained person
possesses and that are commonly employed in providing for the
physical, mental, and emotional needs of the ill or otherwise
incapacitated. "Skilled nursing care" includes, but is not
limited to, the following:
(a) Irrigations, catheterizations, application of
dressings,
and supervision of special diets;
(b) Objective observation of changes in the patient's
condition as a means of analyzing and determining the nursing
care
required and the need for further medical diagnosis and
treatment;
(c) Special procedures contributing to rehabilitation;
(d) Administration of medication by any method ordered by
a
physician, such as hypodermically, rectally, or orally,
including
observation of the patient after receipt of the
medication;
(e) Carrying out other treatments prescribed by the
physician that involve a similar level of complexity and skill in
administration.
(5)(a) "Personal care services" means services including,
but not limited to, the following:
(i) Assisting residents with activities of daily living;
(ii) Assisting residents with self-administration of
medication, in accordance with rules adopted under section
3721.04
of the Revised Code;
(iii) Preparing special diets, other than complex
therapeutic diets, for residents pursuant to the instructions of
a
physician or a licensed dietitian, in accordance with rules
adopted under section 3721.04 of the Revised Code.
(b) "Personal care services" does not include "skilled
nursing care" as defined in division (A)(4) of this section. A
facility need not provide more than one of the services listed in
division (A)(5)(a) of this section to be considered to be
providing personal care services.
(6) "Nursing home" means a home used for the reception and
care of individuals who by reason of illness or physical or
mental
impairment require skilled nursing care and of individuals
who
require personal care services but not skilled nursing care.
A
nursing home is licensed to provide personal care services and
skilled nursing care.
(7) "Residential care facility" means a home that provides
either of the
following:
(a) Accommodations for seventeen or more unrelated
individuals and supervision and personal care services for three
or more of those individuals who are dependent on the services of
others by reason of age or physical or mental impairment;
(b) Accommodations for three or more unrelated
individuals,
supervision and personal care services for at least
three of those
individuals who are dependent on the services of
others by reason
of age or physical or mental impairment, and, to at least one
of
those individuals, any of the skilled nursing care authorized by
section
3721.011 of the Revised Code.
(8) "Home for the aging" means a home that provides services
as a
residential care facility and a nursing home, except that the
home provides
its services only to individuals who are dependent
on the services of others
by reason of both age and physical or
mental impairment.
The part or unit of a home for the aging that provides
services only as a residential care facility is licensed as a
residential care
facility. The part or unit that may provide
skilled nursing care beyond the
extent authorized by section
3721.011 of the Revised Code is licensed as a
nursing home.
(9) "County home" and "district home" mean a county home or
district home operated under Chapter 5155. of the Revised
Code.
(B) The public health council may further classify homes.
For the purposes of this chapter, any residence, institution,
hotel, congregate housing project, or similar facility that meets
the definition of a home under this section is such a home
regardless of how
the facility holds itself out to the public.
(C) For purposes of this chapter, personal care services
or
skilled nursing care shall be considered to be provided by a
facility if they are provided by a person employed by or
associated with the facility or by another person pursuant to an
agreement to which neither the resident who receives the services
nor the resident's sponsor is a party.
(D) Nothing in division (A)(4) of this section shall be
construed to permit skilled nursing care to be imposed on an
individual who does not require skilled nursing care.
Nothing in division (A)(5) of this section shall be
construed
to permit personal care services to be imposed on an
individual
who is capable of performing the activity in question
without
assistance.
(E) Division (A)(1)(c)(xi)(x) of this section does not
prohibit
a facility, infirmary, or other entity described in that
division
from seeking licensure under
sections 3721.01 to 3721.09 of the
Revised Code or certification
under Title XVIII or XIX of the
"Social Security Act." However,
such a facility, infirmary, or
entity that applies for licensure
or certification must meet the
requirements of those sections or
titles and the rules adopted
under them and
obtain a certificate of need from the director of
health under
section 3702.52 of the Revised Code.
(F) Nothing in this chapter, or rules adopted pursuant to
it, shall be construed as authorizing the supervision,
regulation,
or control of the spiritual care or treatment of
residents or
patients in any home who rely upon treatment by
prayer or
spiritual means in accordance with the creed or tenets
of any
recognized church or religious denomination.
Sec. 3721.011. (A) In addition to providing accommodations,
supervision, and
personal care services to its residents, a
residential care facility may
provide skilled nursing care as
follows:
(1) Supervision of special diets;
(2) Application of dressings, in accordance with rules
adopted
under section 3721.04 of the Revised Code;
(3) Providing for the administration of medication to
residents,
to the extent authorized under division (B)(1) of this
section;
(4) Other skilled nursing care provided on a part-time,
intermittent basis pursuant to division (C) of this section.
A residential care facility may not admit or retain an
individual requiring
skilled nursing care that is not authorized
by this
section. A residential care facility may not provide
skilled nursing care
beyond the limits established by this
section.
(B)(1) A residential care facility may admit or retain an
individual requiring medication, including biologicals,
only if
the individual's personal physician has determined in writing
that
the individual is capable of self-administering the medication
or
the facility provides for the medication to be administered to the
individual by a home health agency certified under Title XVIII
of
the
"Social Security Act," 49 Stat. 620
(1935), 42 U.S.C.A. 301,
as amended; a hospice care program licensed under
Chapter 3712. of
the Revised Code; or a member of
the staff of the residential care
facility who is qualified to perform
medication administration.
Medication may be
administered in a residential
care facility only
by the following persons authorized by law to administer
medication:
(a) A registered nurse licensed under Chapter 4723.
of the
Revised Code;
(b) A licensed practical nurse licensed under Chapter 4723.
of the Revised
Code who holds proof of successful completion of a
course in medication
administration approved by the board of
nursing and who administers the
medication only at the direction
of a registered nurse or a physician
authorized under Chapter
4731. of the Revised Code to practice medicine and
surgery or
osteopathic medicine and surgery;
(c) A medication aide certified under Chapter 4723. of the Revised Code;
(d) A physician authorized under Chapter 4731. of the
Revised Code to
practice medicine and surgery or osteopathic
medicine and surgery.
(2) In assisting a resident with self-administration of
medication, any
member of the staff of a residential care facility
may do the following:
(a) Remind a resident when to take medication and watch to
ensure that the resident follows the directions on the container;
(b) Assist a resident by taking the medication from the
locked area where it
is stored, in accordance with rules adopted
pursuant to section
3721.04 of the Revised Code, and handing it to
the resident. If
the resident is physically unable to open the
container, a staff
member may open the container for the resident.
(c) Assist a physically impaired but mentally alert
resident, such as a resident with arthritis, cerebral palsy, or
Parkinson's disease, in removing oral or topical medication from
containers and in consuming or applying the medication, upon
request by or with the consent of the resident. If a resident is
physically unable to place a dose of medicine to the
resident's
mouth without spilling it, a staff member may place the dose in
a
container and place the container to the mouth of the resident.
(C) A residential care facility may admit
or retain
individuals who require skilled nursing care beyond the
supervision
of special diets, application of dressings,
or
administration of medication, only if the care
will be provided on
a part-time,
intermittent basis for not more than a total of one
hundred twenty days in any
twelve-month period. In accordance
with Chapter
119. of the Revised Code, the public health council
shall adopt rules
specifying what constitutes the need for skilled
nursing care on a part-time,
intermittent basis. The council
shall adopt rules that are consistent with
rules pertaining to
home health care adopted by the director of job and
family
services
for the medical assistance program established under
Chapter 5111. of the
Revised Code. Skilled nursing care provided
pursuant to this division may be
provided by a home health agency
certified under Title XVIII
of the
"Social Security Act," 49 Stat.
620 (1935), 42 U.S.C.A. 301,
as amended, a hospice care program
licensed under Chapter 3712. of
the Revised Code, or a member of
the staff of a residential care facility who
is qualified to
perform skilled nursing care.
A residential care facility that provides skilled nursing
care pursuant to
this division shall do both of the following:
(1) Evaluate each resident receiving the
skilled nursing
care at least once every seven days to determine
whether the
resident should be transferred to a nursing home;
(2) Meet the skilled nursing care needs of each
resident
receiving the care.
(D) Notwithstanding any other provision of this chapter, a
residential care
facility in which residents receive skilled
nursing care pursuant to
this section is not a nursing home.
Sec. 3721.02. (A) The director of health shall license homes
and establish procedures to be followed in inspecting and
licensing homes. The director may inspect a home at any time.
Each home shall be inspected by the director at least once prior
to the issuance of a license and at least once every fifteen
months thereafter. The state fire marshal or a township,
municipal, or other legally constituted fire department approved
by the marshal shall also inspect a home prior to issuance of a
license, at least once every fifteen months thereafter, and at
any
other time requested by the director. A home does not have
to be
inspected prior to issuance of a license by the director,
state
fire marshal, or a fire department if ownership of the home
is
assigned or transferred to a different person and the home was
licensed under this chapter immediately prior to the assignment
or
transfer. The director may enter at any time, for the
purposes of
investigation, any institution, residence, facility,
or other
structure
that has been reported to the director or
that the
director has reasonable cause to believe is operating as
a nursing
home, residential care facility, or
home for the aging without a
valid
license required by section 3721.05 of the Revised Code
or,
in the case of a county home or district home, is operating
despite the
revocation of its residential care facility license.
The director may
delegate the director's
authority
and duties
under this chapter to any division, bureau, agency, or official
of
the department of health.
(B) A single facility may be licensed both as a nursing home
pursuant to this chapter and as an adult care facility pursuant
to
Chapter 3722. of the Revised Code if the director determines
that
the part or unit to be licensed as a nursing home can be
maintained separate and discrete from the part or unit to be
licensed as an adult care facility.
(C) In determining the number of residents in a home for the
purpose of licensing, the director shall consider all the
individuals for whom the home provides accommodations as one
group
unless one of the following is the case:
(1) The home is a home for the aging, in which case all
the
individuals in the part or unit licensed as a nursing home
shall
be considered as one group, and all the individuals in the
part or
unit licensed as a rest home shall be considered as
another group.
(2) The home is both a nursing home and an adult care
facility. In that case, all the individuals in the part or unit
licensed as a nursing home shall be considered as one group, and
all the individuals in the part or unit licensed as an adult care
facility shall be considered as another group.
(3) The home maintains, in addition to a nursing home or
residential care facility, a separate and discrete part
or unit
that provides accommodations to individuals who do not require or
receive skilled nursing care and do not receive personal care
services
from the home, in which case the individuals in the
separate and
discrete part or unit shall not be considered in
determining the
number of residents in the home if the separate
and discrete part
or unit is in compliance with the Ohio basic
building code
established by the board of building standards under
Chapters
3781. and 3791. of the Revised Code and the home permits
the
director, on request, to inspect the separate and discrete
part
or unit and speak with the individuals residing there, if
they
consent, to determine whether the separate and discrete part
or
unit meets the requirements of this division.
(D) The director of health shall charge an application fee
and
an annual renewal licensing and inspection fee of one hundred
five seventy dollars for each fifty persons or part thereof of a home's
licensed capacity. All fees collected by the director for the
issuance or renewal of licenses shall be deposited into the state
treasury to the credit of the general operations fund created in
section 3701.83 of the Revised Code for use only in administering
and enforcing this chapter and rules adopted under it.
(E)(1) Except as otherwise provided in this section, the
results of an inspection or investigation of a home
that is
conducted under this section, including any statement of
deficiencies and all findings and deficiencies cited in the
statement on the basis of the inspection or investigation, shall
be used solely to determine the home's compliance with this
chapter or another chapter of the Revised Code in any action or
proceeding other than an action commenced
under division (I) of
section 3721.17 of the Revised Code. Those
results of an
inspection or investigation, that
statement of
deficiencies, and
the findings and deficiencies cited
in that
statement shall not be
used in any court or in any action
or
proceeding that is pending
in any court and are not admissible
in
evidence in any action or
proceeding unless that action or
proceeding is an appeal of an
action by the department of health
under this chapter or is an
action by any department or agency of
the state to enforce this
chapter or another chapter of the Revised Code.
(2) Nothing in division (E)(1) of this section prohibits the
results of an inspection or investigation conducted under this
section from being used in a criminal investigation or
prosecution.
Sec. 3721.03. The (A) As used in this section, "person" has the same meaning as in section 1.59 of the Revised Code.
(B) The director of health shall enforce the
provisions of sections 3721.01 to 3721.09 3721.13 and 3721.99 of the
Revised Code and may issue orders to secure compliance with the
provisions of these sections and the rules adopted under them.
The director may hold hearings, issue subpoenas, compel
testimony, and make
adjudications. In
The director may issue an order revoking a license in the event the director finds, upon hearing or
opportunity afforded therefor pursuant to Chapter 119. of the Revised Code, that any of the following apply to a person, firm,
partnership, association, corporation, county home, or
district home licensed under section
3721.07 of the Revised Code is in violation of:
(1) Has violated any of the
provisions of Chapter 3721. of the Revised Code or rules adopted
by the public health council under it; is in violation of
(2) Has violated any
order issued by the director; is
(3) Is not, or any of its principals
are not suitable, morally or financially to operate such an
institution; or is
(4) Is not furnishing humane, kind, and adequate
treatment and care, the director may issue an order revoking the
license previously issued by the director;
(5) Has had a long-standing pattern of violations of this chapter or the rules adopted under it that has caused physical, emotional, mental, or psychosocial harm to one or more residents. Upon
Upon the
issuance of any order
of revocation, the person whose license is revoked, or the county
home or district home that has its license revoked, may appeal in
accordance with Chapter 119. of the Revised Code.
The state fire marshal shall enforce all statutes and rules
pertaining to fire safety in homes and shall adopt rules
pertaining to fire safety in homes as the marshal determines
necessary. The rules adopted by the marshal shall be in addition to those
fire safety rules that the board of building standards and the
public health council are empowered to adopt and shall be adopted
prior to December 31, 1972. In the event of a dispute between
the marshal and another officer having responsibilities under
sections 3721.01 to 3721.09 of the Revised Code with respect to
the interpretation or application of a specific fire safety
statute or rule, the interpretation of the marshal shall prevail.
If the ownership of a home is assigned or transferred to a
different person, the new owner is responsible and liable for
compliance with any notice of proposed action or order issued
under this section in accordance with Chapter 119. of the Revised
Code prior to the effective date of the assignment or transfer (C) Once the director notifies a person, county home, or district home licensed to operate a home that the license may be revoked or issues any order under this section, the person, county home, or district home shall not assign or transfer to another person or entity the right to operate the home. This prohibition shall remain in effect until proceedings under Chapter 119. of the Revised Code concerning the order or license revocation have been concluded or the director notifies the person, county home, or district home that the prohibition has been lifted.
If a license is revoked under this section, the former license holder shall not assign or transfer or consent to assignment or transfer of the right to operate the home. Any attempted assignment or transfer to another person or entity is void.
On revocation of a license, the former licensee shall take all necessary steps to cease operation of the home.
The director of health shall not accept a certificate of need application under section 3702.52 of the Revised Code regarding a home if the license to operate the home has been revoked under this section.
Sec. 3721.032. The state fire marshal shall enforce all statutes and rules
pertaining to fire safety in homes and shall adopt rules
pertaining to fire safety in homes as the marshal determines
necessary. The rules adopted by the marshal shall be in addition to those
fire safety rules that the board of building standards and the
public health council are empowered to adopt. In the event of a dispute between
the marshal and another officer having responsibilities under
sections 3721.01 to 3721.09 of the Revised Code with respect to
the interpretation or application of a specific fire safety
statute or rule, the interpretation of the marshal shall prevail.
Sec. 3721.07. Every person desiring to operate a home
and the superintendent or administrator of each county home or district
home for which a license as a residential care facility is sought shall
apply for a license to the director of health. The
director shall issue a license for the home, if after
investigation of the applicant and, if required by section
3721.02 of the Revised Code, inspection of the home, the
following requirements or conditions are satisfied or complied
with:
(A) The applicant has not been convicted of a felony or a
crime involving moral turpitude;
(B) The applicant is not violating any of the rules made
by the public health council or any order issued by the director
of health;
(C) The applicant has not had a license to operate the home revoked pursuant to section 3721.03 of the Revised Code because of any act or omission that jeopardized a resident's health, welfare, or safety nor has the applicant had a long-standing pattern of violations of this chapter or rules adopted under it that caused physical, emotional, mental, or psychosocial harm to one or more residents.
(D) The buildings in which the home is housed have been
approved by the state fire marshal or a township, municipal, or
other legally constituted fire department approved by the
marshal. In the approval of a home such agencies shall apply
standards prescribed by the board of building standards, and by
the state fire marshal, and by section 3721.071 of the Revised
Code.
(D)(E) The applicant, if it is an individual, or the
principal participants, if it is an association or a corporation,
is or are suitable financially and morally to operate a home;
(E)(F) The applicant is equipped to furnish humane, kind, and
adequate treatment and care;
(F)(G) The home does not maintain or contain:
(1) Facilities for the performance of major surgical
procedures;
(2) Facilities for providing therapeutic radiation;
(4) A clinical laboratory unless it is under the
supervision of a clinical pathologist who is a licensed physician
in this state;
(5) Facilities for radiological examinations unless such
examinations are performed only by a person licensed to practice
medicine, surgery, or dentistry in this state.
(G)(H) The home does not accept or treat outpatients, except
upon the written orders of a physician licensed in this state,
maternity cases, boarding children, and does not house transient
guests, other than participants in an adult day-care program, for
twenty-four hours or less;
(H)(I) The home is in compliance with sections 3721.28 and
3721.29 of the Revised Code.
When the director issues a license, the license shall
remain in effect until revoked by the director or voided at the
request of the applicant; provided, there shall be an annual
renewal fee payable during the month of January of each calendar
year. Any licensed home that does not pay its renewal fee in
January shall pay, beginning the first day of February, a
late fee of one hundred dollars for each week or part thereof that the renewal
fee is not paid. If either the renewal fee or the late fee is not paid by the
fifteenth day of February, the
director may, in accordance with Chapter 119. of the Revised Code, revoke the
home's license.
If, under division (B)(5) of section 3721.03 of the Revised Code, the license of a person has been revoked or the license of a county home or district home to operate as a residential care facility has been revoked, the director of health shall not issue a license to the person or home at any time. A person whose license is revoked, and a county home or district
home that has its license as a residential care facility revoked other than under division (B)(5) of section 3721.03 of the Revised Code,
for any reason other than nonpayment of
the license renewal fee or late fees may shall not apply for be issued a new license under
this
chapter until a period of one year following the date of revocation has
elapsed.
Any applicant who is denied a license may appeal in
accordance with Chapter 119. of the Revised Code.
Sec. 3721.121. (A) As used in this section:
(1) "Adult day-care program" means a program operated
pursuant to rules adopted by the public health council under
section 3721.04 of the Revised Code and provided
by and on the same site as homes licensed under this chapter.
(2) "Applicant" means a person who is under final
consideration for employment with a home or adult day-care program in a
full-time, part-time, or temporary position that involves providing direct
care to an older adult. "Applicant" does not include a person who provides
direct care as a volunteer without receiving or expecting to receive any form
of remuneration other than reimbursement for actual expenses.
(3) "Criminal records check" and "older adult" have the same meanings as in
section 109.572 of the Revised Code.
(4) "Home" means a home as defined in section 3721.10 of
the Revised Code.
(B)(1) Except as provided in division (I) of this
section, the chief administrator of a home or adult
day-care program shall request that the superintendent of the
bureau of criminal identification and investigation conduct a
criminal records check with respect to each applicant. If
an
applicant for whom a criminal records check request is required under this
division does not present proof of having been a resident of
this state for the five-year period immediately prior to the date
the criminal records check is requested or provide evidence that
within that five-year period the superintendent has requested
information about the applicant from the federal bureau of investigation in
a criminal records check, the chief administrator shall request
that the superintendent obtain information from the federal
bureau of investigation as part of the criminal records check of
the applicant. Even if an applicant for whom a criminal
records check request is required under this division presents proof of
having
been a resident of this state for the five-year period, the chief
administrator may request that the superintendent include
information from the federal bureau of investigation in the
criminal records check.
(2) A person required by division (B)(1) of this
section to request a criminal records check shall do both of the
following:
(a) Provide to each applicant for whom a criminal records check request is
required under that division a copy of the form
prescribed pursuant to division (C)(1) of section 109.572
of the Revised Code and a standard fingerprint
impression sheet prescribed pursuant to division (C)(2)
of that section, and obtain the completed form and impression
sheet from the applicant;
(b) Forward the completed form and impression
sheet to the superintendent of the bureau of criminal
identification and investigation.
(3) An applicant provided the form and fingerprint impression sheet under
division (B)(2)(a) of this section who fails to complete the
form or provide fingerprint
impressions shall not be employed in any
position for which a criminal records check is required by this
section.
(C)(1) Except as provided in rules adopted by
the director of health in accordance
with division (F) of this section and subject to division (C)(2)
of this section, no home or adult
day-care program shall employ a person in a position
that involves providing direct care to an older adult if the person
has been convicted of or pleaded guilty to any of the following:
(a) A violation of section 2903.01, 2903.02,
2903.03, 2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21,
2903.34, 2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31, 2907.32,
2907.321, 2907.322, 2907.323, 2911.01, 2911.02,
2911.11, 2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36, 2923.12,
2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13, 2925.22, 2925.23, or
3716.11 of the Revised Code.
(b) A violation of an existing or former law of this state,
any
other state, or the United States that is
substantially equivalent to any of the offenses listed in division
(C)(1)(a) of this section.
(2)(a) A home or an adult day-care program may employ
conditionally an
applicant for whom a criminal records check request is
required under division (B) of this section prior to obtaining
the results of a criminal
records check regarding the individual, provided that
the home or program shall
request a criminal records
check regarding the individual in accordance with division (B)(1) of
this section not
later than five business days after the individual begins
conditional employment.
In the circumstances described in division
(I)(2) of this section, a
home or adult day-care program may employ
conditionally an applicant who has been referred to the
home or adult day-care program by an
employment service that supplies full-time, part-time, or
temporary staff for positions involving the direct care of older
adults and for whom, pursuant to that division, a criminal
records check is not required under division
(B) of this section.
(b) A home or adult day-care program that employs an
individual conditionally under authority of division
(C)(2)(a) of this section shall terminate the
individual's employment if the results of the criminal records
check requested under division (B) of this section or described in
division (I)(2) of this section, other than the results of any
request for information from
the federal bureau of investigation,
are not obtained within the period ending thirty days after the date the
request is made. Regardless of when the results of the criminal
records check are obtained, if the results indicate that the individual has
been convicted of or pleaded guilty to any of the offenses
listed or described in division (C)(1) of this section,
the home or program shall terminate the individual's employment unless the
home or program chooses to employ the individual
pursuant to division (F) of
this section. Termination of employment under this division
shall be considered just cause for discharge for purposes of
division (D)(2) of section 4141.29 of the Revised
Code if the individual makes any attempt to deceive
the home or program about the individual's criminal record.
(D)(1) Each home or adult day-care program shall
pay to the bureau of criminal identification and investigation
the fee prescribed pursuant to division (C)(3) of section
109.572 of the Revised Code for each criminal
records check conducted pursuant to a request made under division
(B) of this section.
(2) A home or adult day-care program may charge an
applicant a fee not exceeding the amount the home or program pays
under division (D)(1) of this section. A home or program
may collect a fee only if both of the following apply:
(a) The home or program notifies the person at the time of
initial application for employment of the amount of the fee
and that, unless the fee is paid, the person will not be considered for
employment;
(b) The medical assistance program established under
Chapter 5111. of the Revised Code
does not reimburse the home or program the fee it pays under division
(D)(1) of this section.
(E) The report of any criminal records check
conducted pursuant to a request made under this section is not a
public record for the purposes of section 149.43 of the
Revised Code and shall not be made available to
any person other than the following:
(1) The individual who is the subject of the
criminal records check or the individual's representative;
(2) The chief administrator
of the home or program requesting the criminal records check or
the administrator's representative;
(3) The administrator of any other facility, agency, or program that
provides direct care to older adults that is owned or operated by the same
entity that owns or operates the home or program;
(4) A court, hearing officer, or other
necessary individual involved in a case dealing with a denial of
employment of the applicant or dealing with employment or unemployment
benefits of the applicant;
(5) Any person to whom the report is provided pursuant
to, and in accordance with, division
(I)(1) or (2) of this
section;
(6) The board of nursing for purposes of accepting and processing an application for a medication aide certificate issued under Chapter 4723. of the Revised Code.
(F) In accordance with section 3721.11 of the Revised
Code, the director of health shall adopt rules to implement this
section. The rules shall specify circumstances under which a home or adult
day-care program may employ a person who has been
convicted of or pleaded guilty to an offense listed or described in division
(C)(1) of this section but meets personal character standards set by the
director.
(G) The chief administrator of a home or adult day-care program
shall inform each individual, at the time of initial application
for a position that involves providing direct care to an older
adult, that the individual is required to provide a set of fingerprint
impressions and that a criminal records check is required to be
conducted if the individual comes under final consideration for employment.
(H) In a tort or other civil action for damages that is
brought as the result of an injury, death, or loss to person or
property caused by an individual who a
home or adult day-care program employs in a position
that involves providing direct care to older adults, all of the
following shall apply:
(1) If the home or program employed the individual in good
faith and reasonable reliance on the report of a criminal records
check requested under this section, the home or program shall not be
found negligent solely because of its reliance on the report,
even if the information in the report is determined later to
have been incomplete or inaccurate;
(2) If the home or program employed the individual in good faith
on a conditional basis pursuant to division (C)(2) of this section, the
home or program shall not be found negligent solely because it employed
the individual prior to receiving the report of a criminal
records check requested under this section;
(3) If the home or program in good faith employed the
individual according
to the personal character standards established in rules adopted
under division (F) of this
section, the home or program shall not be found negligent solely because
the individual prior to being employed had been convicted of or
pleaded guilty to an offense listed or described in division
(C)(1) of this section.
(I)(1) The chief administrator of a home or adult day-care
program is not required to
request that the superintendent of the bureau of criminal
identification and investigation conduct a criminal records
check of an applicant if the applicant has been referred to the
home or program by an
employment service that supplies full-time, part-time, or
temporary staff for positions involving the direct care of older
adults and both of the following apply:
(a) The chief administrator receives from the employment
service or the applicant a report of the results of a criminal
records check regarding the applicant that has been conducted by
the superintendent within the one-year period immediately
preceding the applicant's referral;
(b) The report of the criminal records check demonstrates
that the person has not been convicted of or pleaded guilty to
an offense listed or described in division (C)(1) of this section,
or the
report demonstrates that the
person has been convicted of or pleaded guilty to one or more of
those offenses, but the home or adult day-care program
chooses to employ the individual pursuant to division (F)
of this section.
(2) The chief administrator of a
home or adult day-care program is not required
to request that the superintendent of the bureau of criminal
identification and investigation conduct a criminal records
check of an applicant and may employ the applicant
conditionally as described in this division, if the applicant
has been referred to the home or program by an employment service that
supplies full-time, part-time, or temporary staff for positions
involving the direct care of older adults and if the chief
administrator receives from the employment service or the
applicant a letter from the employment service that is on the letterhead of
the employment service, dated, and signed by a supervisor or another
designated official of the employment service and that states
that the employment service has requested the superintendent to
conduct a criminal records check regarding the applicant, that
the requested criminal records check will include a
determination of whether the applicant has been convicted of or
pleaded guilty to any offense listed or described in division
(C)(1) of this section,
that, as of the date set forth on the letter,
the employment service had not received the
results of the criminal records check, and that, when the employment service
receives the results of the criminal records check, it promptly will send a
copy of the results to the home or adult-care adult day-care program. If a
home or adult day-care program employs an
applicant conditionally in accordance with this division, the employment
service, upon its receipt of the results of the criminal records check,
promptly shall send a copy of the results to the home or adult day-care
program, and
division
(C)(2)(b)
of this section applies regarding the conditional
employment.
Sec. 3721.15. (A) Authorization from a resident or a
sponsor with a power of attorney for a home to manage the
resident's financial affairs shall be in writing and shall be
attested to by a witness who is not connected in any manner
whatsoever with the home or its administrator. The home shall
maintain accounts pursuant to division (A)(27) of section 3721.13
of the Revised Code. Upon the resident's transfer, discharge, or
death, the account shall be closed and a final accounting made.
All remaining funds shall be returned to the resident or
resident's
sponsor, except in the case of death, when all
remaining funds
shall be transferred or used in accordance with
section 5111.112 5111.113 of the
Revised Code.
(B) A home that manages a resident's financial affairs
shall
deposit the resident's funds in excess of one hundred
dollars,
and
may deposit the resident's funds that are one hundred dollars
or
less, in an interest-bearing account separate from any of the
home's operating accounts. Interest earned on the resident's
funds shall be credited to the resident's account. A resident's
funds that are one hundred dollars or less and have not been
deposited
in an interest-bearing account may be deposited in a
noninterest-bearing account or petty cash fund.
(C) Each resident whose financial affairs are managed by a
home shall be promptly notified by the home when the total of the
amount of funds in the resident's accounts and the petty cash
fund
plus other nonexempt resources reaches two hundred
dollars less
than the maximum amount permitted a recipient of
medicaid. The
notice shall include an explanation of the potential effect on
the
resident's eligibility for
medicaid if the
amount
in the
resident's accounts and the petty cash fund, plus
the value of
other nonexempt resources, exceeds the maximum assets
a
medicaid
recipient
may retain.
(D) Each home that manages the financial affairs of
residents shall purchase a surety bond or otherwise provide
assurance satisfactory to the director of health, or, in the case
of a home that participates in the
medicaid
program, to
the
director of job and family services, to assure the security of
all
residents' funds managed by the home.
Sec. 3721.19. (A) As used in this section:
(1)
"Home" and
"residential care facility" have the same
meanings as in
section 3721.01 of the Revised Code;
(2)
"Sponsor" and
"residents' rights advocate" have the same
meanings as
in section 3721.10 of the Revised Code.
A home licensed under this chapter that is
not a party to a
provider agreement, as defined in section
5111.20 of the Revised
Code, shall provide each prospective
resident, before admission,
with the following information,
orally and in a separate written
notice on which is printed in a
conspicuous manner:
"This home is
not a participant in the
medical assistance program administered
by the Ohio department of
job and family services. Consequently,
you may be discharged from this
home if you are unable to pay for
the services provided by this
home."
If the prospective resident has a sponsor whose identity is
made known
to the home, the home shall also inform the sponsor,
before
admission of the resident, of the home's status relative to
the
medical assistance program. Written acknowledgement of the
receipt of the information shall be provided by the resident and,
if the prospective resident has a sponsor who has been identified
to the home, by the sponsor. The written acknowledgement shall
be
made part of the resident's record by the home.
No home shall terminate its status as a provider under the
medical assistance medicaid program unless it has complied with section 5111.66 of the Revised Code and, at least ninety days
prior to such termination, provided written notice to the
department of job and family services and residents of the home
and
their
sponsors of such action. This requirement shall not
apply in
cases where the department of job and family services
terminates a
home's
provider agreement or provider status.
(B) A home licensed under this chapter as a residential care
facility shall provide notice to each prospective resident or the
individual's
sponsor of the services offered by the facility and
the types of skilled
nursing care that the facility may provide.
A residential care facility that,
pursuant to section 3721.012 of
the Revised Code, has a
policy of entering into risk agreements
with residents or their sponsors shall
provide each prospective
resident or the individual's sponsor a
written explanation of the
policy and the provisions that may be
contained in a risk
agreement. At the time the information is
provided, the facility
shall obtain a statement signed by the
individual receiving the
information acknowledging that the
individual received the
information. The facility shall
maintain on file the individual's
signed statement.
(C) A resident has a cause of action against a home for
breach
of any duty imposed by this section. The action may be
commenced
by the resident, or on the resident's behalf by
the
resident's sponsor or a residents'
rights advocate, by the filing
of a civil action in the court of
common pleas of the county in
which the home is located, or in
the court of common pleas of
Franklin county.
If the court finds that a breach of any duty imposed by
this
section has occurred, the court shall enjoin the home from
discharging the resident from the home until arrangements
satisfactory to the court are made for the orderly transfer of
the
resident to another mode of health care including, but not
limited
to, another home, and may award the resident and a person
or
public agency that brings an action on behalf of a resident
reasonable attorney's fees. If a home discharges a resident to
whom or to whose sponsor information concerning its status
relative to the medical assistance program was not provided as
required under this section, the court shall grant any
appropriate
relief including, but not limited to, actual damages,
reasonable
attorney's fees, and costs.
Sec. 3721.21. As used in sections 3721.21 to 3721.34 of
the Revised Code:
(A) "Long-term care facility" means either of the
following:
(1) A nursing home as defined in section 3721.01 of the
Revised Code, other than a nursing home or part of a nursing home
certified as an intermediate care facility for the mentally
retarded under Title XIX of the "Social Security Act," 49 Stat.
620 (1935), 42 U.S.C.A. 301, as amended;
(2) A facility or part of a facility that is certified as
a skilled nursing facility or a nursing facility under Title
XVIII or XIX of the "Social Security Act."
(B) "Residential care facility" has the same meaning as in section
3721.01 of the Revised Code.
(C) "Abuse" means knowingly causing physical harm or
recklessly causing serious physical harm to a resident by
physical contact with the resident or by use of physical or
chemical restraint, medication, or isolation as punishment, for
staff convenience, excessively, as a substitute for treatment, or
in amounts that preclude habilitation and treatment.
(D) "Neglect" means recklessly failing to provide a
resident with any treatment, care, goods, or service necessary to
maintain the health or safety of the resident when the failure
results in serious physical harm to the resident. "Neglect" does
not include allowing a resident, at the resident's option, to receive only
treatment by spiritual means
through prayer in accordance with the tenets of a recognized religious
denomination.
(E) "Misappropriation" means depriving, defrauding, or
otherwise obtaining the real or personal property of a resident
by any means prohibited by the Revised Code, including violations
of Chapter 2911. or 2913. of the Revised Code.
(F) "Resident" includes a resident, patient,
former resident or patient, or deceased resident or patient of a
long-term care facility or a residential care facility.
(G) "Physical restraint" has the same meaning as in
section 3721.10 of the Revised Code.
(H) "Chemical restraint" has the same meaning as in
section 3721.10 of the Revised Code.
(I) "Nursing and nursing-related services" means
the personal care services and other services not constituting
skilled nursing care that are specified in rules the public
health council shall adopt in accordance with Chapter 119.
of the Revised Code.
(J) "Personal care services" has the same meaning as in
section 3721.01 of the Revised Code.
(K)(1) Except as provided in division (K)(2) of this section, "Nurse nurse aide" means an individual, other than a
licensed health professional practicing within the scope of the professional's
license, who provides nursing
and nursing-related services to residents in a
long-term care facility, either as a
member of the staff of the facility for monetary compensation or as a
volunteer without monetary compensation.
(2) "Nurse aide" does not include either of the following:
(a) A licensed health professional practicing within the scope of the professional's license;
(b) An individual providing nursing and nursing-related services in a religious nonmedical health care institution, if the individual has been trained in the principles of nonmedical care and is recognized by the institution as being competent in the administration of care within the religious tenets practiced by the residents of the institution.
(L) "Licensed health professional" means all of the
following:
(1) An occupational therapist or occupational therapy
assistant licensed under Chapter 4755. of the Revised Code;
(2) A physical therapist or physical therapy assistant
licensed under Chapter 4755. of the Revised Code;
(3) A physician authorized under Chapter 4731. of the
Revised Code to practice medicine and surgery, osteopathic medicine and
surgery, or podiatry;
(4) A physician assistant authorized under
Chapter 4730. of the Revised Code to practice as a physician assistant;
(5) A registered nurse or licensed practical nurse
licensed under Chapter 4723. of the Revised Code;
(6) A social worker or independent social worker
licensed under Chapter 4757. of the Revised Code or a social work assistant
registered under that chapter;
(7) A speech-language pathologist or audiologist licensed under
Chapter 4753. of the Revised Code;
(8) A dentist or dental hygienist licensed under Chapter
4715. of the Revised Code;
(9) An optometrist licensed under Chapter 4725. of the
Revised Code;
(10) A pharmacist licensed under Chapter 4729. of the
Revised Code;
(11) A psychologist licensed under Chapter 4732. of the
Revised Code;
(12) A chiropractor licensed under Chapter 4734. of the
Revised Code;
(13) A nursing home administrator licensed or temporarily
licensed under Chapter 4751. of the Revised Code;
(14) A professional counselor or professional clinical counselor licensed
under Chapter 4757. of the Revised Code.
(M) "Religious nonmedical health care institution" means an institution that meets or exceeds the conditions to receive payment under the medicare program established under Title XVIII of the "Social Security Act" for inpatient hospital services or post-hospital extended care services furnished to an individual in a religious nonmedical health care institution, as defined in section 1861(ss)(1) of the "Social Security Act," 79 Stat. 286 (1965), 42 U.S.C. 1395x(ss)(1), as amended.
(N) "Competency evaluation program" means a program
through which the competency of a nurse aide to provide nursing and
nursing-related services is evaluated.
(N)(O) "Training and competency evaluation program" means a
program of nurse aide training and evaluation of competency to
provide nursing and nursing-related services.
Sec. 3721.50. As used in sections 3721.50 to 3721.58 of
the Revised Code:
(A) "Hospital" has the same meaning as in section 3727.01 of the Revised Code.
(B) "Inpatient days" means all days during which a resident of a nursing facility, regardless of payment source, occupies a bed in the nursing facility that is included in the facility's certified capacity under Title XIX. Therapeutic or hospital leave days for which payment is made under section 5111.26 of the Revised Code are considered inpatient days proportionate to the percentage of the facility's per resident per day rate paid for those days.
(C) "Medicaid" has the same meaning as in section 5111.01 of the Revised Code.
(D) "Medicaid day" means all days during which a resident who is a medicaid recipient occupies a bed in a nursing facility that is included in the facility's certified capacity under Title XIX. Therapeutic or hospital leave days for which payment is made under section 5111.26 of the Revised Code are considered medicaid days proportionate to the percentage of the nursing facility's per resident per day rate for those days.
(E) "Nursing facility" has the same meaning as in section 5111.20 of the Revised Code.
(F)(1) "Nursing home" means all of the following:
(a) A nursing home licensed under section 3721.02 or
3721.09 of the Revised Code, including any part of a home for the
aging licensed as a nursing home;
(b) A facility or part of a facility, other than a
hospital, that is certified as a skilled nursing facility under
Title XVIII of the "Social Security Act," 49 Stat. 620 (1935), 42
U.S.C.A. 301, as amended;
(c) A nursing facility as defined in section 5111.20 of
the Revised Code, other than a portion of a hospital certified as
a nursing facility.
(2) "Nursing home" does not include a any of the following:
(a) A county home, county
nursing home, or district home operated pursuant to Chapter 5155.
of the Revised Code or a;
(b) A nursing home maintained and operated by the Ohio veterans' home agency under section 5907.01 of the Revised Code;
(c) A
nursing home or part of a nursing home
licensed under section 3721.02 or 3721.09 of the Revised Code
that is certified as an intermediate care facility for the
mentally retarded under Title XIX of the "Social Security Act."
(B) "Hospital" has the same meaning as in section 3727.01
of the Revised Code.
(G) "Title XIX" means Title XIX of the "Social Security Act," 79 Stat. 286 (1965), 42 U.S.C. 1396, as amended.
(H) "Title XVIII" means Title XVIII of the "Social Security Act," 79 Stat. 286 (1965), 42 U.S.C. 1395, as amended.
Sec. 3721.51. The department of job and family services
shall do all of the following:
(A) For Subject to division (C) of this section and for the
purposes specified in
section sections 3721.56 and 3721.561 of the
Revised Code, determine an annual
franchise
permit fee on each
nursing home in an amount equal to
three
dollars and thirty cents
for fiscal
year 2002, four six dollars and thirty twenty-five cents
for fiscal
years 2003 through 2005, 2006 and 2007 and
one
dollar
for each
fiscal
year
thereafter, multiplied by the product
of the
following:
(1) The number of beds licensed as nursing home beds, plus
any other beds certified as skilled nursing facility beds under
Title XVIII or nursing facility beds under Title XIX of the
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as
amended, on July 1, 1993, and, for each subsequent year, the
first
day of May of the calendar year in which the fee is
determined
pursuant to division (A) of section 3721.53 of the
Revised Code;
(2) The number of days in fiscal year 1994 and, for each
subsequent year, the number of days in the fiscal year beginning
on the first day of July of the calendar year in which the fee is
determined pursuant to division (A) of section 3721.53 of the
Revised Code.
(B) For Subject to division (C) of this section and for the
purposes specified in
section sections 3721.56 and 3721.561 of the
Revised Code, determine an annual
franchise
permit fee on each
hospital in an amount equal to
three dollars
and thirty cents for
fiscal
year 2002, four
six dollars and thirty twenty-five cents for
fiscal years
2003 through 2005, 2006 and 2007 and one
dollar
for each fiscal
year
thereafter,
multiplied by the product of the
following:
(1) The number of beds registered pursuant to section
3701.07 of the Revised Code as skilled nursing facility beds or
long-term care beds, plus any other beds licensed as nursing home
beds under section 3721.02 or 3721.09 of the Revised Code, on
July
1, 1993, and, for each subsequent year, the first day of May
of
the calendar year in which the fee is determined pursuant to
division (A) of section 3721.53 of the Revised Code;
(2) The number of days in fiscal year 1994 and, for each
subsequent year, the number of days in the fiscal year beginning
on the first day of July of the calendar year in which the fee is
determined pursuant to division (A) of section 3721.53 of the
Revised Code.
(C) If the United States
centers for medicare and medicaid
services
determines that the
franchise permit fee established by
sections
3721.50
to
3721.58 of the Revised Code would be is an
impermissible health care
related tax under section 1903(w) of
the
"Social Security Act," 49
Stat. 620 (1935), 42 U.S.C.
1396b(w), as
amended, the department
of job and family
services shall take
all
necessary actions to
cease implementation of those sections 3721.50 to 3721.58 of the Revised Code
in
accordance with rules
adopted under section 3721.58 of the
Revised
Code.
Sec. 3721.52. (A) For the purpose of the fee under
division
(A) of section 3721.51 of the Revised Code, the department of
health
shall, not later than August 1, 1993, and, for each
subsequent
year, not later than the first day of each June, report to
the
department of job and family services the number of beds in
each nursing
home licensed on July 1, 1993, and, for each
subsequent year, the
preceding first day of May under section
3721.02 or 3721.09 of
the Revised Code or certified on that date
under Title XVIII or
XIX of the
"Social Security Act," 49 Stat.
620 (1935), 42
U.S.C.A. 301, as amended.
(B) For the purpose of the fee under division (B) of
section
3721.51 of the Revised Code, the department of health
shall, not
later than August 1, 1993, and, for each subsequent
year, not
later than the first day of each June, report to the
department of job
and family services the number of beds in each
hospital
registered
on July 1, 1993, and, for each subsequent year, the
preceding
first day of May pursuant to section 3701.07 of the
Revised Code
as skilled nursing facility or long-term care beds
or licensed on
that date under section 3721.02 or 3721.09 of the
Revised Code as
nursing home beds.
Sec. 3721.541. (A) In addition to assessing a penalty pursuant to section 3721.54 of the Revised Code, the department of job and family services may do either of the following if a nursing facility or hospital fails to pay the full amount of a franchise permit fee installment when due:
(1) Withhold an amount equal to the installment and penalty assessed under section 3721.54 of the Revised Code from a medicaid payment due the nursing facility or hospital until the nursing facility or hospital pays the installment and penalty;
(2) Terminate the nursing facility or hospital's medicaid provider agreement.
(B) The department may withhold a medicaid payment under division (A)(1) of this section without providing notice to the nursing facility or hospital and without conducting an adjudication under Chapter 119. of the Revised Code.
Sec. 3721.56.
(A) Thirty and three-tenths There is hereby created in the state treasury the home- and community-based services for the aged fund. Sixteen per cent of
all
payments and
penalties paid by nursing
homes and hospitals
under
sections
3721.53 and 3721.54 of the
Revised Code
for fiscal
year
2002,
twenty-three and twenty-six-hundredths per
cent of
such
payments and penalties paid for fiscal years 2003
through
2005 2006 and 2007,
and all such payments and penalties paid for
subsequent
fiscal
years, shall be deposited into the "home and
community-based
services for the aged fund," which is hereby
created in the state
treasury. The departments of job and
family
services
and aging
shall use the moneys in the fund to fund the
following
in
accordance with rules adopted under section 3721.58
of the
Revised
Code:
(1)(A) The medical assistance medicaid program established under
Chapter
5111. of the Revised Code;
(2) The, including the PASSPORT program established under section 173.40
of
the Revised Code;
(3)(B) The residential state supplement program
established
under section 173.35 of the Revised Code.
(B) Sixty-nine and seven-tenths per cent of all payments and
penalties paid by
nursing homes and hospitals under sections
3721.53 and 3721.54 of
the Revised Code for fiscal
year 2002,
and
seventy-six and seventy-four-hundredths per cent of such
payments
and penalties paid for fiscal years
2003
through 2005,
shall be
deposited
into the nursing facility stabilization
fund,
which is
hereby
created in the state treasury. The
department of
job and
family
services shall use the money in the
fund in the
manner
provided by
Am. Sub. H.B. 94
and Am. Sub. S.B. 261 of the
124th
general assembly.
Sec. 3721.561. (A) There is hereby created in the state treasury the nursing facility stabilization fund. All payments and penalties paid by nursing homes and hospitals under sections 3721.53 and 3721.54 of the Revised Code that are not deposited into the home and community-based services for the aged fund shall be deposited into the fund. The department of job and family services shall use the money in the fund to make medicaid payments to nursing facilities.
(B) Any money remaining in the nursing facility stabilization fund after payments specified in division (A) of this section are made shall be retained in the fund. Any interest or other investment proceeds earned on money in the fund shall be credited to the fund and used to make medicaid payments in accordance with division (A) of this section.
Sec. 3721.58. The director of job
and family services shall
adopt
rules in accordance with Chapter 119. of the Revised Code to
do
both all of the following:
(A) Prescribe the actions the department of job and family
services
will take to
cease implementation of sections 3721.50
through 3721.57 of the
Revised Code if the United States health
care financing
administration centers for medicare and medicaid services determines that the franchise permit
fee
established by those sections is an impermissible health-care
related tax under section 1903(w) of the
"Social Security Act,"
49
Stat. 620 (1935), 42 U.S.C. 1396(b)(w) 1396b(w), as amended;
(B) Establish the method of distributing moneys in the
home
and community-based services for the aged fund created under
section 3721.56 of the Revised Code;
(C) Establish any requirements or procedures the director
considers
necessary to implement sections 3721.50 to 3721.58 of
the Revised
Code.
Sec. 3722.01. (A) As used in this chapter:
(1)
"Owner" means the person who owns the business of and
who
ultimately controls the operation of an adult care facility
and to
whom the manager, if different from the owner, is
responsible.
(2)
"Manager" means the person responsible for the daily
operation of an adult care facility. The manager and the owner
of
a facility may be the same person.
(3)
"Adult" means an individual eighteen years of age or
older.
(4)
"Unrelated" means that an adult resident is not
related
to the owner or manager of an adult care facility or to
the
owner's or manager's spouse as a parent, grandparent,
child,
stepchild,
grandchild, brother, sister, niece, nephew, aunt, or
uncle, or as
the child of an aunt or uncle.
(5)
"Skilled nursing care" means skilled nursing care as
defined in section 3721.01 of the Revised Code.
(6)(a)
"Personal care services" means services including,
but
not limited to, the following:
(i) Assisting residents with activities of daily living;
(ii) Assisting residents with self-administration of
medication, in accordance with rules adopted by the public health
council pursuant to this chapter;
(iii) Preparing special diets, other than complex
therapeutic diets, for residents pursuant to the instructions of
a
physician or a licensed dietitian, in accordance with rules
adopted by the public health council pursuant to this chapter.
(b)
"Personal care services" does not include
"skilled
nursing care" as defined in section 3721.01 of the Revised Code.
A
facility need not provide more than one of the services listed
in
division (A)(6)(a) of this section to be considered to be
providing personal care services.
(7)
"Adult family home" means a residence or facility that
provides accommodations to three to five unrelated adults and
supervision and personal care services to at least three of those
adults.
(8)
"Adult group home" means a residence or facility that
provides accommodations to six to sixteen unrelated adults and
provides supervision and personal care services to at least three
of the unrelated adults.
(9)
"Adult care facility" means an adult family home or an
adult group home. For the purposes of this chapter, any
residence, facility, institution, hotel, congregate housing
project, or similar facility that provides accommodations and
supervision to three to sixteen unrelated adults, at least three
of whom are provided personal care services, is an adult care
facility regardless of how the facility holds itself out to the
public.
"Adult care facility" does not include:
(a) A facility operated by a hospice care program licensed
under section 3712.04 of the Revised Code that is used
exclusively
for care of hospice patients;
(b) A nursing home, residential care facility, or home
for
the aging as
defined in section 3721.01 of the Revised Code;
(c) A community alternative home as defined in section
3724.01 of the Revised Code;
(d) An alcohol and drug addiction program as defined in
section 3793.01 of the Revised Code;
(e) A habilitation center as defined in section 5123.041
of
the Revised Code;
(f) A residential facility for the mentally ill licensed
by
the department of mental health under section 5119.22 of the
Revised Code;
(g)(f) A facility licensed to provide methadone treatment
under
section 3793.11 of the Revised Code;
(h)(g) A residential facility licensed under section 5123.19
of
the Revised Code or otherwise regulated by the department of
mental retardation and developmental disabilities;
(i)(h) Any residence, institution, hotel, congregate housing
project, or similar facility that provides personal care services
to fewer than three residents or that provides, for any number of
residents, only housing, housekeeping, laundry, meal preparation,
social or recreational activities, maintenance, security,
transportation, and similar services that are not personal care
services or skilled nursing care;
(j)(i) Any facility that receives funding for operating costs
from the department of development under any program established
to provide emergency shelter housing or transitional housing for
the homeless;
(k)(j) A terminal care facility for the homeless that has
entered into an agreement with a hospice care program under
section 3712.07 of the Revised Code;
(l)(k) A facility approved by the veterans administration
under section 104(a) of the
"Veterans Health Care Amendments of
1983," 97 Stat. 993, 38 U.S.C.A. 630, as amended, and used
exclusively for the placement and care of veterans;
(m)(l) Until January 1, 1994, the portion of a facility in
which care is provided exclusively to members of a religious
order
if the facility is owned by or part of a nonprofit
institution of
higher education authorized to award degrees by
the Ohio board of
regents under Chapter 1713. of the Revised
Code.
(10)
"Residents' rights advocate" means:
(a) An employee or representative of any state or local
government entity that has a responsibility for residents of
adult
care facilities and has registered with the department of
health
under section 3701.07 of the Revised Code;
(b) An employee or representative, other than a manager or
employee of an adult care facility or nursing home, of any
private
nonprofit corporation or association that qualifies for
tax-exempt
status under section 501(a) of the
"Internal Revenue
Code of
1986," 100 Stat. 2085, 26 U.S.C.A. 501(a), as amended,
that has
registered with the department of health under section
3701.07 of
the Revised Code, and whose purposes include educating
and
counseling residents, assisting residents in resolving
problems
and complaints concerning their care and treatment, and
assisting
them in securing adequate services.
(11)
"Sponsor" means an adult relative, friend, or
guardian
of a resident of an adult care facility who has an
interest in or
responsibility for the resident's welfare.
(12)
"Ombudsperson" means a
"representative of the
office
of
the state long-term care ombudsperson program" as
defined in
section 173.14 of the Revised Code.
(13)
"Mental health agency" means a
community mental health
agency, as
defined in section
5119.22 of the Revised Code, under
contract with a board of alcohol, drug addiction, and
mental
health services pursuant to division (A)(8)(a)
of section
340.03
of the Revised Code.
(B) For purposes of this chapter, personal care services
or
skilled nursing care shall be considered to be provided by a
facility if they are provided by a person employed by or
associated with the facility or by another person pursuant to an
agreement to which neither the resident who receives the services
nor the resident's sponsor is a party.
(C) Nothing in division (A)(6) of this section shall be
construed to permit personal care services to be imposed upon a
resident who is capable of performing the activity in question
without assistance.
Sec. 3722.02. A person seeking a license to operate an
adult
care facility shall submit to the director of health an
application on a form prescribed by the director and the
following:
(A) In the case of an adult group home seeking licensure
as
an adult care facility, evidence that the home has been
inspected
and approved by a local certified building department
or by the
division of industrial compliance in the department of
commerce as
meeting the
applicable requirements of sections 3781.06 to
3781.18 and 3791.04 of the Revised Code and
any rules adopted
under those sections and evidence that the home
has been
inspected by the
state fire marshal or fire prevention
officer of a municipal,
township, or other legally constituted
fire department approved
by the state fire marshal and found to be
in compliance with
rules adopted under section 3737.83 of the
Revised Code regarding
fire prevention and safety in adult group
homes;
(B) Valid approvals of the facility's water and sewage
systems issued by the responsible governmental entity, if
applicable;
(C) A statement of ownership containing the following
information:
(1) If the owner is an individual, the owner's name,
address,
telephone number, business address, business telephone
number,
and occupation. If the owner is an association,
corporation, or
partnership, the business activity, address, and
telephone number
of the entity and the name of every person who
has an ownership
interest of five per cent or more in the entity.
(2) If the owner does not own the building or if the owner
owns
only part of the building in which the facility is housed,
the
name of each person who has an ownership interest of five per
cent or more in the building;
(3) The address of any adult care facility and any
facility
described in divisions (A)(9)(a) to (i)(h) of section
3722.01 of the
Revised Code in which the owner has an ownership
interest of five
per cent or more;
(4) The identity of the manager of the adult care
facility,
if different from the owner;
(5) The name and address of any adult care facility and
any
facility described in divisions (A)(9)(a) to (i)(h) of section
3722.01 of the Revised Code with which either the owner or
manager
has been affiliated through ownership or employment in
the five
years prior to the date of the application;
(6) The names and addresses of three persons not employed
by
or associated in business with the owner who will provide
information about the character, reputation, and competence of
the
owner and the manager and the financial responsibility of the
owner;
(7) Information about any arrest of the owner or manager
for, or adjudication or conviction of, a criminal offense related
to the provision of care in an adult care facility or any
facility
described in divisions (A)(9)(a) to (i)(h) of section
3722.01 of the
Revised Code or the ability to operate a facility;
(8) Any other information the director may require
regarding
the owner's ability to operate the facility.
(D) If the facility is an adult group home, a balance
sheet
showing the assets and liabilities of the owner and a
statement
projecting revenues and expenses for the first twelve
months of
the facility's operation;
(E) Proof of insurance in an amount and type determined in
rules adopted by the public health council pursuant to this
chapter to be adequate;
(F) A nonrefundable license application fee in an amount
established in rules adopted by the public health council
pursuant
to this chapter.
Sec. 3722.04. (A)(1) The director of health shall
inspect,
license, and regulate adult care facilities. Except as
otherwise
provided in division (D) of this section, the director
shall issue
a license to an adult care facility that meets the
requirements of
section 3722.02 of the Revised Code and that the
director
determines to be in substantial compliance with the
rules adopted
by the public health council pursuant to this
chapter. The
director shall consider the past record of the
owner and manager
and any individuals who are principal
participants in an entity
that is the owner or manager in
operating facilities providing
care to adults. The director may,
in accordance with Chapter 119.
of the Revised Code, deny a
license if the past record indicates
that the owner or manager is
not suitable to own or manage an
adult care facility.
The license shall contain the name and address of the
facility for which it was issued, the date of expiration of the
license, and the maximum number of residents that may be
accommodated by the facility. A license for an adult care
facility shall be valid for a period of two years after the date
of issuance. No single facility may be licensed to operate as
more than one adult care facility.
(2) Notwithstanding division (A)(1) of this section and
sections 3722.02 and 3722.041 of the Revised Code, the director
may issue a temporary license if the requirements of divisions
(C), (D), and (F) of section 3722.02 of the Revised Code have
been
met. A temporary license shall be valid for a period of
ninety
days and, except as otherwise provided in division (A)(3)
of
section 3722.05 of the Revised Code, may be renewed, without
payment of an additional application fee, for an additional
ninety
days.
(B) The director shall renew a license for a two-year
period
if the facility continues to be in compliance with the
requirements of this chapter and in substantial compliance with
the rules adopted under this chapter. The owner shall submit a
nonrefundable license renewal application fee in an amount
established in rules adopted by the public health council
pursuant
to this chapter. Before the license of an adult group
home is
renewed, if any alterations have been made to the
buildings, a
certificate of occupancy for the facility shall have
been issued
by the division of industrial compliance in the department
of
commerce or a
local
certified building department. The facility
shall have water and
sewage system approvals, if required by law,
and, in the case of
an adult group home, documentation of
continued compliance with
the rules adopted by the state fire
marshal under division (F) of
section 3737.83 of the Revised Code.
(C) The director shall make at least one unannounced
inspection of an adult care facility during each licensure period
in addition to inspecting the facility to determine whether a
license should be issued or renewed, and may make additional
unannounced inspections as the director considers necessary.
Other
inspections may be made at any time that the director
considers
appropriate. The director shall take all reasonable
actions to
avoid giving notice of an inspection by the manner in
which the
inspection is scheduled or performed. Not later than
sixty days
after the date of an inspection of a facility, the
director shall
send a report of the inspection to the ombudsperson
in
whose region
the facility is located. The state fire marshal
or fire
prevention officer of a municipal, township, or other
legally
constituted fire department approved by the state fire
marshal
shall inspect an adult group home seeking a license or
renewal
under this chapter as an adult care facility prior to
issuance of
a license or renewal, at least once annually
thereafter, and at
any other time at the request of the director,
to determine
compliance with the rules adopted under division (F)
of section
3737.83 of the Revised Code.
(D) The director may waive any of the licensing
requirements
having to do with fire and safety requirements or
building
standards established by rule adopted by the public
health council
pursuant to this chapter upon written request of
the facility.
The director may grant a waiver if the
director determines
that
the strict application of the licensing requirement would
cause
undue hardship to the facility and that granting the waiver
would
not jeopardize the health or safety of any resident. The
director
may provide a facility with an informal hearing
concerning the
denial of a waiver request, but the facility shall
not be entitled
to a hearing under Chapter 119. of the Revised
Code unless the
director takes an action that requires a hearing
to be held under
section 3722.05 of the Revised Code.
(E)(1) Not later than thirty days after the issuance or
renewal
of the license, other than a temporary license, of an
adult care
facility under this section each of the following, the owner of an adult care facility shall submit an
inspection
fee of ten twenty dollars for each bed for which the facility
is
licensed:
(a) Issuance or renewal of a license, other than a temporary license;
(b) The unannounced inspection required by division (C) of this section;
(c) If, during an inspection conducted in addition to the two inspections required by division (C) of this section, the facility was found to be in violation of this chapter or the rules adopted under it, receipt by the facility of the report of that investigation. The
(2) The director may revoke the license of any adult
care
facility that fails to submit the fee within the thirty-day
period. All
(3) All inspection fees received by the director, all civil
penalties assessed under section 3722.08 of the Revised Code, all
fines imposed under section 3722.99 of the Revised Code, and all
license application and renewal application fees received under
division (F) of section 3722.02 of the Revised Code or under
division (B) of this section shall be deposited into the general
operations fund created in section 3701.83 of the Revised Code
and
shall be used only to pay the costs of administering and
enforcing
the requirements of this chapter and rules adopted
under it.
(F)(1) An owner shall inform the director in writing of
any
changes in the information contained in the statement of
ownership
made pursuant to division (C) of section 3722.02 of the
Revised
Code or in the identity of the manager, not later than
ten days
after the change occurs.
(2) An owner who sells or transfers an adult care facility
shall be responsible and liable for the following:
(a) Any civil penalties imposed against the facility under
section 3722.08 of the Revised Code for violations that occur
before the date of transfer of ownership or during any period in
which the seller or the seller's agent operates the
facility;
(b) Any outstanding liability to the state, unless the
buyer
or transferee has agreed, as a condition of the sale or
transfer,
to accept the outstanding liabilities and to guarantee
their
payment, except that if the buyer or transferee fails to
meet
these obligations the seller or transferor shall remain
responsible for the outstanding liability.
(G) The director shall annually publish a list of licensed
adult care facilities, facilities whose licenses have been
revoked
or not renewed, any facilities under an order suspending
admissions pursuant to section 3722.07 of the Revised Code, and
any facilities that have been assessed a civil penalty pursuant
to
section 3722.08 of the Revised Code. The director shall
furnish
information concerning the status of licensure of any
facility to
any person upon request. The director shall annually
send a copy
of the list to the department of job and family services, to
the
department of mental health, and to the department of aging.
Sec. 3734.01. As used in this chapter:
(A) "Board of health" means the board of health of a city
or general health district or the authority having the duties of
a board of health in any city as authorized by section 3709.05 of
the Revised Code.
(B) "Director" means the director of environmental
protection.
(C) "Health district" means a city or general health
district as created by or under authority of Chapter 3709. of the
Revised Code.
(D) "Agency" means the environmental protection agency.
(E) "Solid wastes" means such unwanted residual solid or
semisolid material as results from industrial, commercial,
agricultural, and community operations, excluding earth or
material from construction, mining, or demolition operations, or
other waste materials of the type that normally would be included
in demolition debris, nontoxic fly ash and bottom ash, including
at least ash that results from the combustion of coal and ash
that results from the combustion of coal in combination with
scrap tires where scrap tires comprise not more than fifty per
cent of heat input in any month, spent nontoxic foundry sand, nontoxic, nonhazardous, unwanted fired and unfired, glazed and unglazed, structural shale and clay products, and
slag and other substances that are not harmful or inimical to
public health, and includes, but is not limited to, garbage,
scrap tires, combustible and noncombustible material, street
dirt, and debris. "Solid wastes" does not include any either of the following:
(1) Any material
that is an infectious waste or a hazardous waste;
(2) Spent petroleum refinery hydrotreating, hydrorefining, and hydrocracking catalysts that are used to produce ferrovanadium, iron nickel molybdenum, and calcium aluminate alloys for the steel, iron, and nickel industries unless the catalysts are disposed of at a solid waste facility licensed under this chapter or are accumulated speculatively.
(F) "Disposal" means the discharge, deposit, injection,
dumping, spilling, leaking, emitting, or placing of any solid
wastes or hazardous waste into or on any land or ground or
surface water or into the air, except if the disposition or
placement constitutes storage or treatment or, if the solid
wastes consist of scrap tires, the disposition or placement
constitutes a beneficial use or occurs at a scrap tire recovery
facility licensed under section 3734.81 of the Revised Code.
(G) "Person" includes the state, any political subdivision
and other state or local body, the United States and any agency
or instrumentality thereof, and any legal entity defined as a
person under section 1.59 of the Revised Code.
(H) "Open burning" means the burning of solid wastes in an
open area or burning of solid wastes in a type of chamber or
vessel that is not approved or authorized in rules adopted by the
director under section 3734.02 of the Revised Code or, if the
solid wastes consist of scrap tires, in rules adopted under
division (V) of this section or section 3734.73 of the
Revised
Code, or the burning of treated or untreated infectious wastes in
an open area or in a type of chamber or vessel that is not
approved in rules adopted by the director under section 3734.021
of the Revised Code.
(I) "Open dumping" means the depositing of solid wastes
into a body or stream of water or onto the surface of the ground
at a site that is not licensed as a solid waste facility under
section 3734.05 of the Revised Code or, if the solid wastes
consist of scrap tires, as a scrap tire collection, storage,
monocell, monofill, or recovery facility under section 3734.81 of
the Revised Code; the depositing of solid wastes that consist of
scrap tires onto the surface of the ground at a site or in a
manner not specifically identified in divisions (C)(2) to (5),
(7), or (10) of section 3734.85 of the Revised Code; the
depositing of untreated infectious wastes into a body or stream
of water or onto the surface of the ground; or the depositing of
treated infectious wastes into a body or stream of water or onto
the surface of the ground at a site that is not licensed as a
solid waste facility under section 3734.05 of the Revised Code.
(J) "Hazardous waste" means any waste or combination of
wastes in solid, liquid, semisolid, or contained gaseous form
that in the determination of the director, because of its
quantity, concentration, or physical or chemical characteristics,
may do either of the following:
(1) Cause or significantly contribute to an increase in
mortality or an increase in serious irreversible or
incapacitating reversible illness;
(2) Pose a substantial present or potential hazard to
human health or safety or to the environment when improperly
stored, treated, transported, disposed of, or otherwise managed.
"Hazardous waste" includes any substance identified by
regulation as hazardous waste under the "Resource Conservation
and Recovery Act of 1976," 90 Stat. 2806, 42 U.S.C.A. 6921, as
amended, and does not include any substance that is subject to
the "Atomic Energy Act of 1954," 68 Stat. 919, 42 U.S.C.A. 2011,
as amended.
(K) "Treat" or "treatment," when used in connection with
hazardous waste, means any method, technique, or process designed
to change the physical, chemical, or biological characteristics
or composition of any hazardous waste; to neutralize the waste;
to recover energy or material resources from the waste; to render
the waste nonhazardous or less hazardous, safer to transport,
store, or dispose of, or amenable for recovery, storage, further
treatment, or disposal; or to reduce the volume of the waste.
When used in connection with infectious wastes, "treat" or
"treatment" means any method, technique, or process designed to
render the wastes noninfectious, including, without limitation,
steam sterilization and incineration, or, in the instance of
wastes identified in division (R)(7) of this section, to
substantially reduce or eliminate the potential for the wastes to
cause lacerations or puncture wounds.
(L) "Manifest" means the form used for identifying the
quantity, composition, origin, routing, and destination of
hazardous waste during its transportation from the point of
generation to the point of disposal, treatment, or storage.
(M) "Storage," when used in connection with hazardous
waste, means the holding of hazardous waste for a temporary
period in such a manner that it remains retrievable and
substantially unchanged physically and chemically and, at the end
of the period, is treated; disposed of; stored elsewhere; or
reused, recycled, or reclaimed in a beneficial manner. When used
in connection with solid wastes that consist of scrap tires,
"storage" means the holding of scrap tires for a temporary period
in such a manner that they remain retrievable and, at the end of
that period, are beneficially used; stored elsewhere; placed in a
scrap tire monocell or monofill facility licensed under section
3734.81 of the Revised Code; processed at a scrap tire recovery
facility licensed under that section or a solid waste
incineration or energy recovery facility subject to regulation
under this chapter; or transported to a scrap tire monocell,
monofill, or recovery facility, any other solid waste facility
authorized to dispose of scrap tires, or a facility that will
beneficially use the scrap tires, that is located in another
state and is operating in compliance with the laws of the state
in which the facility is located.
(N) "Facility" means any site, location, tract of land,
installation, or building used for incineration, composting,
sanitary landfilling, or other methods of disposal of solid
wastes or, if the solid wastes consist of scrap tires, for the
collection, storage, or processing of the solid wastes; for the
transfer of solid wastes; for the treatment of infectious wastes;
or for the storage, treatment, or disposal of hazardous waste.
(O) "Closure" means the time at which a hazardous waste
facility will no longer accept hazardous waste for treatment,
storage, or disposal, the time at which a solid waste facility
will no longer accept solid wastes for transfer or disposal or,
if the solid wastes consist of scrap tires, for storage or
processing, or the effective date of an order revoking the permit
for a hazardous waste facility or the registration certificate,
permit, or license for a solid waste facility, as applicable.
"Closure" includes measures performed to protect public health or
safety, to prevent air or water pollution, or to make the
facility suitable for other uses, if any, including, but not
limited to, the removal of processing residues resulting from
solid wastes that consist of scrap tires; the establishment and
maintenance of a suitable cover of soil and vegetation over cells
in which hazardous waste or solid wastes are buried; minimization
of erosion, the infiltration of surface water into such cells,
the production of leachate, and the accumulation and runoff of
contaminated surface water; the final construction of facilities
for the collection and treatment of leachate and contaminated
surface water runoff, except as otherwise provided in this
division; the final construction of air and water quality
monitoring facilities, except as otherwise provided in this
division; the final construction of methane gas extraction and
treatment systems; or the removal and proper disposal of
hazardous waste or solid wastes from a facility when necessary to
protect public health or safety or to abate or prevent air or
water pollution. With regard to a solid waste facility that is a
scrap tire facility, "closure" includes the final construction of
facilities for the collection and treatment of leachate and
contaminated surface water runoff and the final construction of
air and water quality monitoring facilities only if those actions
are determined to be necessary.
(P) "Premises" means either of the following:
(1) Geographically contiguous property owned by a
generator;
(2) Noncontiguous property that is owned by a generator
and connected by a right-of-way that the generator controls
and to which the
public does not have access. Two or more pieces of property that
are geographically contiguous and divided by public or private
right-of-way or rights-of-way are a single premises.
(Q) "Post-closure" means that period of time following
closure during which a hazardous waste facility is required to be
monitored and maintained under this chapter and rules adopted
under it, including, without limitation, operation and
maintenance of methane gas extraction and treatment systems, or
the period of time after closure during which a scrap tire
monocell or monofill facility licensed under section 3734.81 of
the Revised Code is required to be monitored and maintained under
this chapter and rules adopted under it.
(R) "Infectious wastes" includes all of the following
substances or categories of substances:
(1) Cultures and stocks of infectious agents and
associated biologicals, including, without limitation, specimen
cultures, cultures and stocks of infectious agents, wastes from
production of biologicals, and discarded live and attenuated
vaccines;
(2) Laboratory wastes that were, or are likely to have
been, in contact with infectious agents that may present a
substantial threat to public health if improperly managed;
(3) Pathological wastes, including, without limitation,
human and animal tissues, organs, and body parts, and body fluids
and excreta that are contaminated with or are likely to be
contaminated with infectious agents, removed or obtained during
surgery or autopsy or for diagnostic evaluation, provided that, with
regard to pathological wastes from animals, the animals have or are likely to
have been exposed to a zoonotic or infectious agent;
(4) Waste materials from the rooms of humans, or the
enclosures of animals, that have been isolated because of
diagnosed communicable disease that are likely to transmit
infectious agents. Such waste materials from the rooms of humans
do not include any wastes of patients who have been placed on
blood and body fluid precautions under the universal precaution
system established by the centers for disease control in the
public health service of the United States department of health
and human services, except to the extent specific wastes
generated under the universal precautions system have been
identified as infectious wastes by rules adopted under division
(R)(8) of this section.
(5) Human and animal blood specimens and blood products
that are being disposed of, provided that, with
regard to blood specimens and blood products from animals, the animals were
or are likely to have been exposed to a zoonotic or infectious
agent. "Blood
products" does not
include patient care waste such as bandages or disposable gowns
that are lightly soiled with blood or other body fluids unless
those wastes are soiled to the extent that the generator of the
wastes determines that they should be managed as infectious
wastes.
(6) Contaminated carcasses, body parts, and bedding of
animals that were intentionally exposed to infectious agents from zoonotic
or human diseases
during research, production of biologicals, or testing of
pharmaceuticals, and carcasses and bedding of animals otherwise
infected by zoonotic or infectious agents that may present a
substantial threat to
public health
if improperly managed;
(7) Sharp wastes used in the treatment, diagnosis, or
inoculation of human beings or animals or that have, or are
likely to have, come in contact with infectious agents in
medical, research, or industrial laboratories, including, without
limitation, hypodermic needles and syringes, scalpel blades, and
glass articles that have been broken;
(8) Any other waste materials generated in the diagnosis,
treatment, or immunization of human beings or animals, in
research pertaining thereto, or in the production or testing of
biologicals, that the public health council created in section
3701.33 of the Revised Code, by rules adopted in accordance with
Chapter 119. of the Revised Code, identifies as infectious wastes
after determining that the wastes present a substantial threat to
human health when improperly managed because they are
contaminated with, or are likely to be contaminated with,
infectious agents.
(S) "Infectious agent" means a type of microorganism,
helminth, or virus that causes, or significantly contributes to
the cause of, increased morbidity or mortality of human beings.
(T) "Zoonotic agent" means a type of microorganism,
helminth, or virus that causes disease in vertebrate animals and
that is transmissible to human beings and causes or
significantly contributes to the cause of increased morbidity or
mortality of human beings.
(U) "Solid waste transfer facility" means any site,
location, tract of land, installation, or building that is used
or intended to be used primarily for the purpose of transferring
solid wastes that were generated off the premises of the facility
from vehicles or containers into other vehicles for
transportation to a solid waste disposal facility. "Solid waste
transfer facility" does not include any facility that consists
solely of portable containers that have an aggregate volume of
fifty cubic yards or less nor any facility where legitimate
recycling activities are conducted.
(V) "Beneficially use" means to use a scrap tire in a
manner that results in a commodity for sale or exchange or in any
other manner authorized as a beneficial use in rules adopted by
the director in accordance with Chapter 119. of the Revised Code.
(W) "Commercial car," "commercial tractor," "farm
machinery," "motor bus," "vehicles," "motor vehicle," and
"semitrailer" have the same meanings as in section 4501.01 of the
Revised Code.
(X) "Construction equipment" means road rollers, traction
engines, power shovels, power cranes, and other equipment used in
construction work, or in mining or producing or processing
aggregates, and not designed for or used in general highway
transportation.
(Y) "Motor vehicle salvage dealer" has the same meaning as
in section 4738.01 of the Revised Code.
(Z) "Scrap tire" means an unwanted or discarded tire.
(AA) "Scrap tire collection facility" means any facility
that meets all of the following qualifications:
(1) The facility is used for the receipt and storage of
whole scrap tires from the public prior to their transportation
to a scrap tire storage, monocell, monofill, or recovery facility
licensed under section 3734.81 of the Revised Code; a solid waste
incineration or energy recovery facility subject to regulation
under this chapter; a premises within the state where the scrap
tires will be beneficially used; or a scrap tire storage,
monocell, monofill, or recovery facility, any other solid waste
disposal facility authorized to dispose of scrap tires, or a
facility that will beneficially use the scrap tires, that is
located in another state, and that is operating in compliance
with the laws of the state in which the facility is located;.
(2) The facility exclusively stores scrap tires in
portable containers;.
(3) The aggregate storage of the portable containers in
which the scrap tires are stored does not exceed five thousand
cubic feet.
(BB) "Scrap tire monocell facility" means an individual
site within a solid waste landfill that is used exclusively for
the environmentally sound storage or disposal of whole scrap
tires or scrap tires that have been shredded, chipped, or
otherwise mechanically processed.
(CC) "Scrap tire monofill facility" means an engineered
facility used or intended to be used exclusively for the storage
or disposal of scrap tires, including at least facilities for the
submergence of whole scrap tires in a body of water.
(DD) "Scrap tire recovery facility" means any facility, or
portion thereof, for the processing of scrap tires for the
purpose of extracting or producing usable products, materials, or
energy from the scrap tires through a controlled combustion
process, mechanical process, or chemical process. "Scrap tire
recovery facility" includes any facility that uses the controlled
combustion of scrap tires in a manufacturing process to produce
process heat or steam or any facility that produces usable heat
or electric power through the controlled combustion of scrap
tires in combination with another fuel, but does not include any
solid waste incineration or energy recovery facility that is
designed, constructed, and used for the primary purpose of
incinerating mixed municipal solid wastes and that burns scrap
tires in conjunction with mixed municipal solid wastes, or any
tire retreading business, tire manufacturing finishing center, or
tire adjustment center having on the premises of the business a
single, covered scrap tire storage area at which not more than
four thousand scrap tires are stored.
(EE) "Scrap tire storage facility" means any facility
where whole scrap tires are stored prior to their transportation
to a scrap tire monocell, monofill, or recovery facility licensed
under section 3734.81 of the Revised Code; a solid waste
incineration or energy recovery facility subject to regulation
under this chapter; a premises within the state where the scrap
tires will be beneficially used; or a scrap tire storage,
monocell, monofill, or recovery facility, any other solid waste
disposal facility authorized to dispose of scrap tires, or a
facility that will beneficially use the scrap tires, that is
located in another state, and that is operating in compliance
with the laws of the state in which the facility is located.
(FF) "Used oil" means any oil that has been refined
from crude oil, or any synthetic oil, that has been used and, as a result of
that use, is contaminated by physical or chemical impurities. "Used oil"
includes only those substances identified as used oil by the
United States environmental protection agency under the "Used Oil
Recycling Act of 1980," 94 Stat. 2055, 42 U.S.C.A. 6901a, as amended.
(GG) "Accumulated speculatively" has the same meaning as in rules adopted by the director under section 3734.12 of the Revised Code.
Sec. 3734.20. (A) If the director of environmental
protection has reason to believe that hazardous waste was
treated, stored, or disposed of at any location within the state,
he the director may conduct such investigations and make such
inquiries, including obtaining samples and examining and copying records, as
are reasonable or necessary to determine if conditions at a
hazardous waste facility, solid waste facility, or other location
where the director has reason to believe hazardous waste was
treated, stored, or disposed of constitute a substantial threat
to public health or safety or are causing or contributing to or
threatening to cause or contribute to air or water pollution or
soil contamination. The director or the director's
authorized
representative may apply for, and any judge of a court of common
pleas shall issue, an appropriate search warrant necessary to
achieve the purposes of this section within the court's
territorial jurisdiction. The director may expend moneys from
the hazardous waste clean-up fund created in section 3734.28 of
the Revised Code or the environmental protection remediation fund created in section 3734.281 of the Revised Code for conducting investigations under this
section.
(B) If the director determines that conditions at a
hazardous waste facility, solid waste facility, or other location
where hazardous waste was treated, stored, or disposed of
constitute a substantial threat to public health or safety or are
causing or contributing to or threatening to cause or contribute
to air or water pollution or soil contamination, the director shall
initiate appropriate action under this chapter or Chapter 3704.
or 6111. of the Revised Code or seek any other appropriate legal
or equitable remedies to abate the pollution or contamination or
to protect public health or safety.
If an order of the director to abate or prevent air or
water pollution or soil contamination or to remedy a threat to
public health or safety caused by conditions at such a facility
issued pursuant to this chapter or Chapter 3704. or 6111. of the
Revised Code is not wholly complied with within the time
prescribed in the order, the director may, through officers or
employees of the environmental protection agency or through
contractors employed for that purpose in accordance with the
bidding procedure established in division (C) of section 3734.23
of the Revised Code, enter upon the facility and perform those
measures necessary to abate or prevent air or water pollution or
soil contamination from the facility or to protect public health
or safety, including, but not limited to, measures prescribed in
division (B) of section 3734.23 of the Revised Code. The
director shall keep an itemized record of the cost of the
investigation and measures performed, including costs for labor,
materials, and any contract services required. Upon completion
of the investigation or measures, the director shall
record the
cost of performing those measures at the office of the
county recorder of the county in
which the facility is located. The cost
so recorded constitutes a lien against the property
on which the facility
is located until
discharged. Upon written request of the director, the attorney
general shall institute a civil action to recover the cost. Any
moneys so received shall be credited to the hazardous waste
clean-up fund created in section 3734.28 of the Revised Code or the environmental protection remediation fund, as applicable.
When entering upon a facility under this division, the
director shall perform or cause to be performed only those
measures necessary to abate or prevent air or water pollution or
soil contamination caused by conditions at the facility or to
abate threats to public health or safety caused by conditions at
the facility. For this purpose the director may expend moneys
from the either fund and may expend moneys from loans from the Ohio
water development authority to the environmental protection
agency that pledge moneys from the either fund for the repayment of and
for the interest on such loans.
Sec. 3734.21. (A) The director of environmental
protection may expend moneys credited to the hazardous waste
clean-up fund created in section 3734.28 of the Revised Code or the environmental protection remediation fund created in section 3734.281 of the Revised Code for
the payment of the cost of measures necessary for the proper
closure of hazardous waste facilities or any solid waste
facilities containing significant quantities of hazardous waste,
for the payment of costs of the development and construction of
suitable hazardous waste facilities required by division (B) of
section 3734.23 of the Revised Code to the extent the director
determines that such facilities are not available, and for the
payment of costs that are necessary to abate conditions thereon
that are causing or contributing to or threatening to cause or
contribute to air or water pollution or soil contamination or
that constitute a substantial threat to public health or safety.
In addition, the director may expend and pledge moneys credited
to the either fund for repayment of and for interest on any loan made by
the Ohio water development authority to the environmental
protection agency for the payment of such costs.
(B) Before beginning to clean up any facility under this
section, the director shall develop a plan for the cleanup and an
estimate of the cost thereof. The plan shall include only those
measures necessary to abate conditions thereon that are causing
or contributing to or threatening to cause or contribute to air
or water pollution or soil contamination or that constitute a
substantial threat to public health or safety, including, but not
limited to, establishment and maintenance of an adequate cover of
soil and vegetation on any facility for the burial of hazardous
waste to prevent the infiltration of water into cells where
hazardous waste is buried, the accumulation or runoff of
contaminated surface water, the production of leachate, and air
emissions of hazardous waste; the collection and treatment of
contaminated surface water runoff; the collection and treatment
of leachate; or, if conditions so require, the removal of
hazardous waste from the facility and the treatment or disposal
of the waste at a suitable hazardous waste facility. The plan or
any part of the plan for the cleanup of the facility shall be
carried out by entering into contracts therefor in accordance with the procedures established in division (C) of section 3734.23 of the Revised Code.
Sec. 3734.22. Before beginning to clean up any facility
under section 3734.21 of the Revised Code, the director of
environmental protection shall endeavor to enter into an
agreement with the owner of the land on which the facility is
located, or with the owner of the facility, specifying the
measures to be performed and authorizing the director, employees
of the agency, or contractors retained by the director to enter
upon the land and perform the specified measures.
Each agreement shall may contain provisions for the
reimbursement of the state for the costs of the cleanup.
All reimbursements and payments shall be credited to the
hazardous waste clean-up fund created in section 3734.28 of the
Revised Code or the environmental protection remediation fund created in section 3734.281 of the Revised Code, as applicable.
The agreement may require the owner to execute an easement
whereby the director, an authorized employee of the agency, or a
contractor employed by the agency in accordance with the bidding
procedure established in division (C) of section 3734.23 of the
Revised Code may enter upon the facility to sample, repair, or
reconstruct air and water quality monitoring equipment
constructed under the agreement. Such easements shall be for a
specified period of years and may be extinguished by agreement
between the owner and the director. When necessary to protect
the public health or safety, the agreement may require the owner
to enter into an environmental covenant with the director in accordance with sections 5301.80 to 5301.92 of the Revised Code.
Upon a breach of the reimbursement provisions of the
agreement by the owner of the land or facility, or upon
notification to the director by the owner that the owner is
unable to
perform the duties under the reimbursement provisions of the
agreement, the director shall may record the unreimbursed
portion of
the costs of cleanup at the office of the county
recorder of the county in which
the facility is located. The costs so
recorded constitute a lien against the property on
which the facility is
located until
discharged. Upon written request of the director, the attorney
general shall institute a civil action to recover the
unreimbursed portion of the costs of cleanup. Any moneys so
recovered shall be credited to the hazardous waste clean-up fund or the environmental protection remediation fund, as applicable.
Sec. 3734.23. (A) The director of environmental
protection may acquire by purchase, gift, donation, contribution,
or appropriation in accordance with sections 163.01 to 163.21 of
the Revised Code any hazardous waste facility or any solid waste
facility containing significant quantities of hazardous waste
that, because of its condition and the types and quantities of
hazardous waste contained in the facility, constitutes an
imminent and substantial threat to public health or safety or
results in air pollution, pollution of the waters of the state,
or soil contamination. For this purpose and for the purposes of
division (B) of this section, the director may expend moneys from
the hazardous waste clean-up fund created in section 3734.28 of
the Revised Code or the environmental protection remediation fund created in section 3734.281 of the Revised Code and may expend moneys from loans from the Ohio
water development authority to the environmental protection
agency that pledge moneys from the either fund for the repayment of and
for the interest on such loans. Any lands or facilities
purchased or acquired under this section shall be deeded to the
state, but no deed shall be accepted or the purchase price paid
until the title has been approved by the attorney general.
(B) The director shall, with respect to any land or
facility acquired under this section or cleaned up under section
3734.20 of the Revised Code, perform closure or other measures
necessary to abate conditions thereon that are causing or
contributing to or threatening to cause or contribute to air or
water pollution or soil contamination or that constitute a
substantial threat to public health or safety, including, but not
limited to, establishment and maintenance of an adequate cover of
soil and vegetation on any facility for the burial of hazardous
waste to prevent the infiltration of water into cells where
hazardous waste is buried, the accumulation or runoff of
contaminated surface water, the production of leachate, and air
emissions of hazardous waste; the collection and treatment of
contaminated surface water runoff; the collection and treatment
of leachate; or, if conditions so require, the removal of
hazardous waste from the facility and the treatment or disposal
of the waste at a suitable hazardous waste facility. After
performing these measures, the director shall provide for the
post-closure care, maintenance, and monitoring of facilities
cleaned up under this section.
(C) Before proceeding to clean up any facility under this
section or section 3734.20 or 3734.21 of the Revised Code, the director
shall develop a plan for the cleanup of the facility and an
estimate of the cost thereof. The director may carry out the
plan or any part of the plan by contracting for the services, construction, and repair necessary therefor. The
director shall award each such contract to the lowest responsible
bidder after sealed bids therefor are received, opened, and
published at the time fixed by the director and notice of the
time and place at which the sealed bids will be received, opened,
and published has been published by the director in a newspaper
of general circulation in the county in which the facility to be
cleaned up under the contract is located at least once within the
ten days before the opening of the bids. However, if after
advertising for bids for the contract, no bids are received by
the director at the time and place fixed for receiving them, the
director may advertise again for bids, or he the director may,
if he the director considers the public interest will best be
served thereby, enter into a
contract for the cleanup of the facility without further
advertisement for bids. The director may reject any or all bids
received and fix and publish again notice of the time and place
at which bids for the contracts will be received, opened, and
published.
(D) The director shall keep an itemized record of the
costs of any acquisition under division (A) of this section and
the costs of cleanup under division (B) of this section.
Sec. 3734.28. All moneys collected under sections 3734.122,
3734.13,
3734.20,
3734.22, 3734.24, and 3734.26 of the Revised
Code and natural resource damages
collected by the state under the
"Comprehensive Environmental Response,
Compensation, and Liability
Act of 1980," 94 Stat. 2767, 42 U.S.C.A. 9601, as amended, shall
be
paid into
the state treasury to the credit of the hazardous
waste clean-up fund, which
is hereby created. In addition, any moneys recovered for costs paid from the fund for activities described in division (A)(1) and (2) of section 3745.12 of the Revised Code shall be credited to the fund. The environmental
protection agency shall use the moneys
in the fund for the
purposes set forth in division (D) of section
3734.122, sections
3734.19, 3734.20, 3734.21, 3734.23,
3734.25, 3734.26,
and
3734.27, and, through October 15, 2005,
divisions (A)(1) and (2)
of
section 3745.12 and
Chapter 3746. of the Revised
Code,
including
any related enforcement expenses. In addition, the
agency
shall
use the moneys in the fund to pay the state's
long-term operation
and
maintenance costs or matching share for
actions taken under
the
"Comprehensive Environmental Response,
Compensation, and
Liability Act of 1980," as
amended. If those
moneys are
reimbursed by grants or other moneys from the
United
States or any
other person, the moneys shall be
placed in the fund
and not in
the general revenue fund.
Sec. 3734.57. (A) For the purposes of paying the state's
long-term operation costs or matching share for actions taken
under the
"Comprehensive Environmental Response, Compensation,
and
Liability Act of 1980," 94 Stat. 2767, 42 U.S.C.A. 9601, as
amended; paying the costs of measures for proper clean-up of
sites
where polychlorinated biphenyls and substances, equipment,
and
devices containing or contaminated with polychlorinated
biphenyls
have been stored or disposed of; paying the costs of
conducting
surveys or investigations of solid waste facilities or
other
locations where it is believed that significant quantities
of
hazardous waste were disposed of and for conducting
enforcement
actions arising from the findings of such surveys or
investigations; paying the costs of acquiring and cleaning
up, or
providing financial assistance for cleaning up, any
hazardous
waste facility or solid waste facility containing
significant
quantities of hazardous waste, that constitutes an
imminent and
substantial threat to public health or safety or the
environment;
and, from July 1,
2003, through June 30,
2006,
for the
purposes
of paying the costs of administering and
enforcing the
laws
pertaining to solid wastes, infectious wastes,
and
construction
and demolition debris, including, without
limitation,
ground water
evaluations related to solid wastes,
infectious
wastes, and
construction and demolition debris, under
this chapter
and Chapter
3714. of the Revised Code and any rules
adopted under
them, and
paying a share of the administrative
costs of the
environmental
protection agency pursuant to section
3745.014 of
the Revised
Code, the The following fees are hereby
levied on the
disposal of
solid wastes in this state:
(1) One dollar per ton on and after July 1, 19932003, through June 30, 2008, one-half of the proceeds of which shall be deposited in the state treasury to the credit of the hazardous waste facility management fund created in section 3734.18 of the Revised Code and one-half of the proceeds of which shall be deposited in the state treasury to the credit of the hazardous waste clean-up fund created in section 3734.28 of the Revised Code;
(2) An additional one dollar per ton on
and after
July 1,
2003, through June 30,
2006 2008, the proceeds of which shall be deposited in the state treasury to the credit of the solid waste fund, which is hereby created. The environmental protection agency shall use money in the solid waste fund to pay the costs of administering and enforcing the laws pertaining to solid wastes, infectious wastes, and construction and demolition debris, including, without limitation, ground water evaluations related to solid wastes, infectious wastes, and construction and demolition debris, under this chapter and Chapter 3714. of the Revised Code and any rules adopted under them, providing compliance assistance to small businesses, and paying a share of the administrative costs of the environmental protection agency pursuant to section 3745.014 of the Revised Code.
(3) An additional one dollar and fifty cents per ton on and after July 1, 2005, through June 30, 2008, the proceeds of which shall be deposited in the state treasury to the credit of the environmental protection fund created in section 3745.015 of the Revised Code.
In the case of solid wastes that are taken to a solid waste transfer facility located in this state prior to being transported to a solid waste disposal facility for disposal, the fees levied under this division shall be collected by the owner or operator of the transfer facility as a trustee for the state. The amount of fees required to be collected under this division at such a transfer facility shall equal the total tonnage of solid wastes received at the facility multiplied by the fees levied under this division. In the case of solid wastes that are not taken to a solid waste transfer facility located in this state prior to being transported to a solid waste disposal facility, the fees shall be collected by the owner or operator of the solid waste disposal facility as a trustee for the state. The amount of fees required to be collected under this division at such a disposal facility shall equal the total tonnage of solid wastes received at the facility that was not previously taken to a solid waste transfer facility located in this state multiplied by the fees levied under this division. Fees levied under this division do not apply to materials separated from a mixed waste stream for recycling by a generator or materials removed from the solid waste stream through recycling, as "recycling" is defined in rules adopted under section 3734.02 of the Revised Code.
The owner or operator of a solid waste transfer facility or disposal facility
shall collect the fees levied under this division as a trustee
for
the state and, as applicable, shall prepare and file with the director of
environmental protection monthly returns each month a return indicating the total
tonnage of solid wastes received for disposal at the gate of the
facility during that month and the total amount of the fees required to be collected under this
division during that month. In addition, the owner or operator of a solid waste disposal facility shall indicate on the return the total tonnage of solid wastes received from transfer facilities located in this state during that month for which the fees were required to be collected by the transfer facilities. The monthly returns shall be filed on a form prescribed by the director. Not later than thirty days after the last day of the
month to which such a return applies, the owner or operator shall
mail to the director the return for that month together with the
fees required to be collected under this division during that month as indicated on the return. The If the return is filed and the amount of the fees due is paid in a timely manner as required in this division, the owner or operator may retain a discount of three-fourths of one per cent of the total amount of the fees that are required to be paid as indicated on the return.
The
owner or operator may request an extension of not more than
thirty
days for filing the return and remitting the fees,
provided that
the owner or operator has submitted such a
request in writing to
the
director together with a detailed description of why the
extension is requested, the director has received the request not
later than the day on which the return is required to be filed,
and the director has approved the request. If the fees are not
remitted within thirty days after the last day of the month during
which they were collected to which the return applies or are not remitted by the last day of an extension approved by the director, the owner or operator shall not retain the three-fourths of one per cent discount and shall pay an
additional fifty ten per cent of the amount of the fees for each
month
that they are late. For purposes of calculating the late fee, the first month in which fees are late begins on the first day after the deadline has passed for timely submitting the return and fees, and one additional month shall be counted every thirty days thereafter.
One-half of the moneys remitted to the director under
division (A)(1) of this section shall be credited to the
hazardous
waste facility management fund created in section
3734.18 of the
Revised Code, and one-half shall be credited to
the hazardous
waste clean-up fund created in section 3734.28 of
the Revised
Code. The moneys remitted to the director under
division (A)(2)
of this section shall be credited to the solid
waste fund, which
is hereby created in the state treasury. The
environmental
protection agency shall use moneys in the solid
waste fund only to
pay the costs of administering and enforcing
the laws pertaining
to solid wastes, infectious wastes, and
construction and
demolition debris, including, without
limitation, ground water
evaluations related to solid wastes,
infectious wastes, and
construction and demolition debris, under
this chapter and Chapter
3714. of the Revised Code and rules
adopted
under them and to pay
a share of the administrative costs of the
environmental
protection agency pursuant to section 3745.014 of
the Revised
Code.
The owner or operator of a solid waste facility may request a refund or credit of fees levied under this division and remitted to the director that have not been paid to the owner or operator. Such a request shall be made only if the fees have not been collected by the owner or operator, have become a debt that has become worthless or uncollectable for a period of six months or more, and may be claimed as a deduction, including a deduction claimed if the owner or operator keeps accounts on an accrual basis, under the "Internal Revenue Code of 1954," 68A Stat. 50, 26 U.S.C. 166, as amended, and regulations adopted under it. Prior to making a request for a refund or credit, an owner or operator shall make reasonable efforts to collect the applicable fees. A request for a refund or credit shall not include any costs resulting from those efforts to collect unpaid fees.
A request for a refund or credit of fees shall be made in writing, on a form prescribed by the director, and shall be supported by evidence that may be required in rules adopted by the director under this chapter. After reviewing the request, the director may grant a refund to the owner or operator or may permit a credit to be taken by the owner or operator on a subsequent monthly return submitted by the owner or operator. The amount of a refund or credit shall not exceed an amount that is equal to ninety days' worth of fees owed to an owner or operator by a particular debtor of the owner or operator. A refund or credit shall not be granted by the director to an owner or operator more than once in any twelve-month period for fees owed to the owner or operator by a particular debtor.
If, after receiving a refund or credit from the director, an owner or operator receives payment of all or part of the fees, the owner or operator shall remit the fees with the next monthly return submitted to the director together with a written explanation of the reason for the submittal.
For purposes of computing the fees levied under this division or division (B) of this section, any solid waste transfer or disposal facility that does not use scales as a means of determining gate receipts shall use a conversion factor of three cubic yards per ton of solid waste or one cubic yard per ton for baled waste, as applicable.
The fees levied under this division and divisions (B) and
(C)
of this section are in addition to all other applicable fees
and
taxes and shall be added to any other fee or amount specified
in a
contract that is charged paid by the customer to the owner or operator of a solid
waste
transfer or disposal facility or to any other fee or amount that is
specified
in a contract entered into on or after March 4, 1992,and that is
charged by a transporter of solid wastes notwithstanding the existence of any provision in a contract that the customer may have with the owner or operator that would not require or allow such payment.
(B) For the purpose of preparing, revising, and
implementing
the solid waste management plan of the county or
joint solid waste
management district, including, without
limitation, the
development and implementation of solid waste
recycling or
reduction programs; providing financial assistance
to boards of
health within the district, if solid waste
facilities are located
within the district, for the enforcement
of this chapter and rules
adopted
and orders and terms and conditions of permits, licenses,
and
variances issued under it, other than the hazardous waste
provisions of this chapter and rules adopted and orders and terms
and conditions of permits issued under those provisions;
providing
financial
assistance to the county to defray the added costs of
maintaining
roads and other public facilities and of providing
emergency and
other public services resulting from the location
and operation
of a solid waste facility within the county under
the district's
approved solid waste management plan; paying the
costs incurred
by boards of health for collecting and analyzing
water samples
from public or private wells on lands adjacent to
solid waste
facilities that are contained in the approved or
amended plan of
the district; paying the costs of developing and
implementing a
program for the inspection of solid wastes
generated outside the
boundaries of this state that are disposed
of at solid waste
facilities included in the district's approved
solid waste
management plan or amended plan; providing financial
assistance
to boards of health within the district for enforcing
laws
prohibiting open dumping; providing financial assistance to
local
law enforcement agencies within the district for enforcing
laws
and ordinances prohibiting littering; providing financial
assistance to boards of health of health districts within the
district that are on the approved list under section 3734.08 of
the Revised Code for the training and certification required for
their employees responsible for solid waste enforcement by rules
adopted under division (L) of section 3734.02 of the Revised
Code;
providing financial assistance to individual municipal
corporations and townships within the district to defray their
added costs of maintaining roads and other public facilities and
of providing emergency and other public services resulting from
the location and operation within their boundaries of a
composting, energy or resource recovery, incineration, or
recycling facility that either is owned by the district or is
furnishing solid waste management facility or recycling services
to the district pursuant to a contract or agreement with the
board
of county commissioners or directors of the district; and
payment
of any expenses that are agreed to, awarded, or ordered to be paid
under section 3734.35 of the Revised Code
and of any
administrative costs incurred pursuant
to that section purposes specified in division (G) of this section, the solid
waste management policy committee of a county
or joint solid waste
management district may levy fees upon the following
activities:
(1) The disposal at a solid waste disposal facility
located
in the district of solid wastes generated within the
district;
(2) The disposal at a solid waste disposal facility within
the district of solid wastes generated outside the boundaries of
the district, but inside this state;
(3) The disposal at a solid waste disposal facility within
the district of solid wastes generated outside the boundaries of
this state.
If any such fees are levied prior to January 1, 1994, fees levied under division (B)(1) of this section always shall be
equal
to one-half of the fees levied under division (B)(2) of
this
section, and fees levied under division (B)(3) of this
section,
which shall be in addition to fees levied under division
(B)(2) of
this section, always shall be equal to fees levied
under division
(B)(1) of this section, except as otherwise
provided in this
division. The solid waste management plan of
the county or joint
district approved under section 3734.521 or
3734.55 of the Revised
Code and any amendments to it, or the
resolution adopted under
this division, as appropriate, shall
establish the rates of the
fees levied under divisions (B)(1),
(2), and (3) of this section,
if any, and shall specify whether
the fees are levied on the basis
of tons or cubic yards as the
unit of measurement. Although the
fees under divisions (A)(1)
and (2) of this section are levied on
the basis of tons as the
unit of measurement, the A solid waste
management plan of the
district and any amendments to it or the
solid waste management
policy committee in its resolution levying
fees under this
division may direct that the levies fees levied under
those divisions be
levied this division on the basis of cubic yards as the unit
of measurement
based upon a conversion factor of three cubic yards
per ton
generally or one cubic yard per ton for baled wastes if
the fees
under divisions (B)(1) to (3) of this section are being
levied on
the basis of cubic yards as the unit of measurement
under the
plan, amended plan, or resolution shall do so in accordance with division (A) of this section.
On and after January 1, 1994, the The fee levied under division
(B)(1) of this section shall be not less than one dollar per ton
nor more than two dollars per ton, the fee levied under division
(B)(2) of this section shall be not less than two dollars per ton
nor more than four dollars per ton, and the fee levied under
division (B)(3) of this section shall be not more than the fee
levied under division (B)(1) of this section, except as otherwise
provided in this division and notwithstanding any schedule of
those fees established in the solid waste management plan of a
county or joint district approved under section 3734.55 of the
Revised Code or a resolution adopted and ratified under this
division that is in effect on that date. If the fee that a
district is levying under division (B)(1) of this section on that
date under its approved plan or such a resolution is less than
one
dollar per ton, the fee shall be one dollar per ton on and
after
January 1, 1994, and if the fee that a district is so
levying
under that division exceeds two dollars per ton, the fee
shall be
two dollars per ton on and after that date. If the fee
that a
district is so levying under division (B)(2) of this
section is
less than two dollars per ton, the fee shall be two
dollars per
ton on and after that date, and if the fee that the
district is so
levying under that division exceeds four dollars
per ton, the fee
shall be four dollars per ton on and after that
date. On that
date, the fee levied by a district under division
(B)(3) of this
section shall be equal to the fee levied under
division (B)(1) of
this section. Except as otherwise provided in
this division, the
fees established by the operation of this
amendment shall remain
in effect until the district's resolution
levying fees under this
division is amended or repealed in
accordance with this division
to amend or abolish the schedule of
fees, the schedule of fees is
amended or abolished in an amended
plan of the district approved
under section 3734.521 or division
(A) or (D) of section 3734.56
of the Revised Code, or the
schedule of fees is amended or
abolished through an amendment to
the district's plan under
division (E) of section 3734.56 of the
Revised Code; the
notification of the amendment or abolishment of
the fees has been
given in accordance with this division; and
collection of the
amended fees so established commences, or
collection of the fees
ceases, in accordance with this division.
The solid waste management policy committee of a district
levying fees under divisions (B)(1) to (3) of this
section on
October 29, 1993, under its solid waste management plan
approved
under section 3734.55 of the
Revised Code or a resolution adopted
and ratified under this
division that are within the ranges of
rates prescribed by this
amendment, by adoption of a resolution
not later than December 1,
1993, and without the necessity for
ratification of the
resolution under this division, may amend
those fees within the
prescribed ranges, provided that the
estimated revenues from the
amended fees will not substantially
exceed the estimated revenues
set forth in the district's budget
for calendar year 1994. Not
later than seven days after the
adoption of such a resolution,
the committee shall notify by
certified mail the owner or
operator of each solid waste disposal
facility that is required
to collect the fees of the adoption of
the resolution and of the
amount of the amended fees. Collection
of the amended fees shall
take effect on the first day of the
first month following the
month in which the notification is sent
to the owner or operator. The
fees established in such a
resolution shall remain in effect
until the district's resolution
levying fees that was adopted and
ratified under this division is
amended or repealed, and the
amendment or repeal of the resolution
is ratified, in accordance
with this division, to amend or abolish
the fees, the schedule of
fees is amended or abolished in an
amended plan of the district
approved under section 3734.521 or
division
(A) or (D) of section 3734.56 of the Revised Code, or the
schedule of fees is amended or abolished through an amendment to
the district's plan under division (E) of section 3734.56 of the
Revised Code; the notification of the amendment or abolishment of
the fees has been given in accordance with this division; and
collection of the amended fees so established commences, or
collection of the fees ceases, in accordance with this division.
Prior to the approval of the solid waste management plan of
the a district under section 3734.55 of the Revised Code, the solid
waste management policy committee of a district may levy fees
under this division by adopting a resolution establishing the
proposed amount of the fees. Upon adopting the resolution, the
committee shall deliver a copy of the resolution to the board of
county commissioners of each county forming the district and to
the legislative authority of each municipal corporation and
township under the jurisdiction of the district and shall prepare
and publish the resolution and a notice of the time and location
where a public hearing on the fees will be held. Upon adopting
the resolution, the committee shall deliver written notice of the
adoption of the resolution; of the amount of the proposed fees;
and of the date, time, and location of the public hearing to the
director and to the fifty industrial, commercial, or
institutional
generators of solid wastes within the district that
generate the
largest quantities of solid wastes, as determined by
the
committee, and to their local trade associations. The
committee
shall make good faith efforts to identify those
generators within
the district and their local trade
associations, but the
nonprovision of notice under this division
to a particular
generator or local trade association does not
invalidate the
proceedings under this division. The publication
shall occur at
least thirty days before the hearing. After the
hearing, the
committee may make such revisions to the proposed
fees as it
considers appropriate and thereafter, by resolution,
shall adopt
the revised fee schedule. Upon adopting the revised
fee schedule,
the committee shall deliver a copy of the
resolution doing so to
the board of county commissioners of each
county forming the
district and to the legislative authority of
each municipal
corporation and township under the jurisdiction of
the district.
Within sixty days after the delivery of a copy of
the resolution
adopting the proposed revised fees by the policy
committee, each
such board and legislative authority, by
ordinance or resolution,
shall approve or disapprove the revised
fees and deliver a copy of
the ordinance or resolution to the
committee. If any such board
or legislative authority fails to
adopt and deliver to the policy
committee an ordinance or
resolution approving or disapproving the
revised fees within
sixty days after the policy committee
delivered its resolution
adopting the proposed revised fees, it
shall be conclusively
presumed that the board or legislative
authority has approved the
proposed revised fees. The committee shall determine if the resolution has been ratified in the same manner in which it determines if a draft solid waste management plan has been ratified under division (B) of section 3734.55 of the Revised Code.
In the case of a county district or a joint district formed
by two or three counties, the committee shall declare the
proposed
revised fees to be ratified as the fee schedule of the
district
upon determining that the board of county commissioners
of each
county forming the district has approved the proposed
revised fees
and that the legislative authorities of a
combination of municipal
corporations and townships with a
combined population within the
district comprising at least sixty
per cent of the total
population of the district have approved
the proposed revised
fees, provided that in the case of a county
district, that
combination shall include the municipal
corporation having the
largest population within the boundaries
of the district, and
provided further that in the case of a joint
district formed by
two or three counties, that combination shall
include for each
county forming the joint district the municipal
corporation having
the largest population within the boundaries
of both the county in
which the municipal corporation is located
and the joint district.
In the case of a joint district formed
by four or more counties,
the committee shall declare the
proposed revised fees to be
ratified as the fee schedule of the
joint district upon
determining that the boards of county
commissioners of a majority
of the counties forming the district
have approved the proposed
revised fees; that, in each of a
majority of the counties forming
the joint district, the proposed
revised fees have been approved
by the municipal corporation
having the largest population within
the county and the joint
district; and that the legislative
authorities of a combination
of municipal corporations and
townships with a combined
population within the joint district
comprising at least sixty
per cent of the total population of the
joint district have
approved the proposed revised fees.
For the purposes of this division, only the population of
the
unincorporated area of a township shall be considered. For
the
purpose of determining the largest municipal corporation
within
each county under this division, a municipal corporation
that is
located in more than one solid waste management district,
but that
is under the jurisdiction of one county or joint solid
waste
management district in accordance with division (A) of
section
3734.52 of the Revised Code shall be considered to be
within the
boundaries of the county in which a majority of the
population of
the municipal corporation resides.
The committee may amend the schedule of fees levied
pursuant
to a resolution or amended resolution adopted and
ratified under
this division by adopting a resolution
establishing the proposed
amount of the amended fees. The
committee may abolish repeal the fees
levied pursuant to such a
resolution or amended resolution by
adopting a resolution
proposing to repeal them. Upon adopting
such a resolution, the
committee shall proceed to obtain
ratification of the resolution
in accordance with this division.
Not later than fourteen days after declaring the new fees or
amended fees to be ratified or the fees to be repealed under this division, the committee
shall notify by certified mail the owner or operator of each
solid
waste disposal facility that is required to collect the
fees of
the ratification and the amount of the fees or of the repeal of the fees. Collection
of any
fees or amended fees ratified on or after March 24, 1992,
shall
commence or collection of repealed fees shall cease on the first day of the second month following the
month
in which notification is sent to the owner or operator.
Not later than fourteen days after declaring the repeal of
the district's schedule of fees to be ratified under this
division, the committee shall notify by certified mail the owner
or operator of each facility that is collecting the fees of the
repeal. Collection of the fees shall cease on the first day of
the second month following the month in which notification is
sent
to the owner or operator.
Fees levied under this division also may be established, amended, or repealed by a solid waste management policy committee through the adoption of a new district solid waste management plan, the adoption of an amended plan, or the amendment of the plan or amended plan in accordance with sections 3734.55 and 3734.56 of the Revised Code or the adoption or amendment of a district plan in connection with a change in district composition under section 3734.521 of the Revised Code.
Not later than fourteen days after the director issues an
order approving a district's solid waste management plan under
section 3734.55 of the Revised Code or, amended plan under
division
(A) or (D) of section 3734.56 of the Revised Code, or amendment to a plan or amended plan that
establishes
or, amends, or repeals a schedule of fees levied by the district,
or the
ratification of an amendment to the district's approved
plan or
amended plan under division (E) of section 3734.56 of the
Revised
Code that establishes or amends a schedule of fees, as
appropriate, the committee shall notify by certified mail the
owner or operator of each solid waste disposal facility that is
required to collect the fees of the approval of the plan or
amended plan, or the amendment to the plan, as appropriate, and
the amount of the fees or amended fees, if any. In the case of an
initial
or amended plan approved under section 3734.521 of the
Revised
Code in connection with a change in district composition,
other
than one involving the withdrawal of a county from a joint
district, that establishes or amends a schedule of fees levied
under divisions (B)(1) to (3) of this section by a district
resulting from the change, the committee, within fourteen days
after the change takes effect pursuant to division (G) of that
section, shall notify by certified mail the owner or operator of
each solid waste disposal facility that is required to collect
the
fees that the change has taken effect and of the amount of
the
fees or amended fees, if any. Collection of any fees set forth in a
plan
or amended plan approved by the director on or after April
16,
1993, or an amendment of a plan or amended plan under
division (E)
of section 3734.56 of the Revised Code that is
ratified on or
after April 16, 1993, shall commence or collection of repealed fees shall cease on the first
day of the
second month following the month in which notification
is sent to
the owner or operator.
Not later than fourteen days after the director issues an
order approving a district's plan under section 3734.55 of the
Revised Code or amended plan under division (A) or (D) of section
3734.56 of the Revised Code that abolishes the schedule of fees
levied under divisions (B)(1) to (3) of this section, or an
amendment to the district's approved plan or amended plan
abolishing the schedule of fees is ratified pursuant to division
(E) of section 3734.56 of the Revised Code, as appropriate, the
committee shall notify by certified mail the owner or operator of
each facility that is collecting the fees of the approval of the
plan or amended plan, or the amendment of the plan or amended
plan, as appropriate, and the abolishment of the fees. In the
case of an initial or amended plan approved under section
3734.521
of the Revised Code in connection with a change in
district
composition, other than one involving the withdrawal of
a county
from a joint district, that abolishes the schedule of
fees levied
under divisions (B)(1) to (3) of this section by a
district
resulting from the change, the committee, within
fourteen days
after the change takes effect pursuant to division
(G) of that
section, shall notify by certified mail the owner or
operator of
each solid waste disposal facility that is required
to collect the
fees that the change has taken effect and of the
abolishment of
the fees. Collection of the fees shall cease on
the first day of
the second month following the month in which
notification is sent
to the owner or operator.
Except as otherwise provided in this division, if the
schedule of fees that a district is levying under divisions
(B)(1)
to (3) of this section pursuant to a resolution or amended
resolution adopted and ratified under this division, the solid
waste management plan of the district approved under section
3734.55 of the Revised Code, an amended plan approved under
division (A) or (D) of section 3734.56 of the Revised Code, or an
amendment to the district's approved plan or amended plan under
division (E) of section 3734.56 of the Revised Code, is amended
by
the adoption and ratification of an amendment to the
resolution or
amended resolution or an amendment of the
district's approved plan
or amended plan, the fees in effect
immediately prior to the
approval of the plan or the amendment of
the resolution, amended
resolution, plan, or amended plan, as
appropriate, shall continue
to be collected until collection of
the amended fees commences
pursuant to this division.
If, in the case of a change in district composition
involving
the withdrawal of a county from a joint district, the
director
completes the actions required under division (G)(1) or
(3) of
section 3734.521 of the Revised Code, as appropriate,
forty-five
days or more before the beginning of a calendar year,
the policy
committee of each of the districts resulting from the
change that
obtained the director's approval of an initial or
amended plan in
connection with the change, within fourteen days
after the
director's completion of the required actions, shall
notify by
certified mail the owner or operator of each solid
waste disposal
facility that is required to collect the
district's fees that the
change is to take effect on the first
day of January immediately
following the issuance of the notice
and of the amount of the fees
or amended fees levied under
divisions (B)(1) to (3) of this
section pursuant to the
district's initial or amended plan as so
approved or, if
appropriate, the abolishment repeal of the district's
fees by that
initial or amended plan. Collection of any fees set
forth in
such a plan or amended plan shall commence on the first
day of
January immediately following the issuance of the notice.
If
such an initial or amended plan abolishes repeals a schedule of fees,
collection of the fees shall cease on that first day of January.
If, in the case of a change in district composition
involving
the withdrawal of a county from a joint district, the
director
completes the actions required under division (G)(1) or
(3) of
section 3734.521 of the Revised Code, as appropriate, less
than
forty-five days before the beginning of a calendar year, the
director, on behalf of each of the districts resulting from the
change that obtained the director's approval of an initial or
amended plan in connection with the change proceedings, shall
notify by certified mail the owner or operator of each solid
waste
disposal facility that is required to collect the
district's fees
that the change is to take effect on the first
day of January
immediately following the mailing of the notice
and of the amount
of the fees or amended fees levied under
divisions (B)(1) to (3)
of this section pursuant to the
district's initial or amended plan
as so approved or, if
appropriate, the abolishment repeal of the
district's fees by that
initial or amended plan. Collection of
any fees set forth in
such a plan or amended plan shall commence
on the first day of
the second month following the month in which
notification is
sent to the owner or operator. If such an initial
or amended
plan abolishes repeals a schedule of fees, collection of the
fees shall
cease on the first day of the second month following
the month in
which notification is sent to the owner or operator.
In If the schedule of fees that a solid waste management district is levying under divisions (B)(1) to (3) of this section is amended or repealed, the fees in effect immediately prior to the amendment or repeal shall continue to be collected until collection of the amended fees commences or collection of the repealed fees ceases, as applicable, as specified in this division. In the case of a change in district composition, the
schedule
of fees that the former districts that existed prior to
the change
were levying under divisions (B)(1) to (3) of this
section
pursuant to a resolution or amended resolution adopted
and
ratified under this division, the solid waste management plan
of a
former district approved under section 3734.521 or 3734.55
of the
Revised Code, an amended plan approved under section
3734.521 or
division (A) or (D) of section 3734.56 of the Revised
Code, or an
amendment to a former district's approved plan or
amended plan
under division (E) of section 3734.56 of the Revised
Code, and
that were in effect on the date that the director
completed the
actions required under division (G)(1) or (3) of
section 3734.521
of the Revised Code shall continue to be
collected until the
collection of the fees or amended fees of the
districts resulting
from the change is required to commence, or
if an initial or
amended plan of a resulting district abolishes a
schedule of fees,
collection of the fees is required to cease,
under this division.
Moneys money so received from the collection of
the fees of the former
districts shall be divided among the
resulting districts in
accordance with division (B) of section
343.012 of the Revised
Code and the agreements entered into under
division (B) of section
343.01 of the Revised Code to establish
the former and resulting
districts and any amendments to those
agreements.
For the purposes of the provisions of division (B) of this
section establishing the times when newly established or amended
fees levied by a district are required to commence and the
collection of fees that have been amended or abolished repealed is
required
to cease,
"fees" or
"schedule of fees" includes, in
addition to
fees levied under divisions (B)(1) to (3) of this
section, those
levied under section 3734.573 or 3734.574 of the
Revised Code.
(C) For the purposes of defraying the added costs to a
municipal corporation or township of maintaining roads and other
public facilities and of providing emergency and other public
services, and compensating a municipal corporation or township
for
reductions in real property tax revenues due to reductions in
real
property valuations resulting from the location and
operation of a
solid waste disposal facility within the municipal
corporation or
township, a municipal corporation or township in
which such a
solid waste disposal facility is located may levy a
fee of not
more than twenty-five cents per ton on the disposal of
solid
wastes at a solid waste disposal facility located within
the
boundaries of the municipal corporation or township
regardless of
where the wastes were generated.
The legislative authority of a municipal corporation or
township may levy fees under this division by enacting an
ordinance or adopting a resolution establishing the amount of the
fees. Upon so doing the legislative authority shall mail a
certified copy of the ordinance or resolution to the board of
county commissioners or directors of the county or joint solid
waste management district in which the municipal corporation or
township is located or, if a regional solid waste management
authority has been formed under section 343.011 of the Revised
Code, to the board of trustees of that regional authority, the
owner or operator of each solid waste disposal facility in the
municipal corporation or township that is required to collect the
fee by the ordinance or resolution, and the director of
environmental protection. Although the fees levied under this
division are levied on the basis of tons as the unit of
measurement, the legislative authority, in its ordinance or
resolution levying the fees under this division, may direct that
the fees be levied on the basis of cubic yards as the unit of
measurement based upon a conversion factor of three cubic yards
per ton generally or one cubic yard per ton for baled wastes.
Not later than five days after enacting an ordinance or
adopting a resolution under this division, the legislative
authority shall so notify by certified mail the owner or operator
of each solid waste disposal facility that is required to collect
the fee. Collection of any fee levied on or after March 24,
1992,
shall commence on the first day of the second month
following the
month in which notification is sent to the owner or
operator.
(D)(1) The fees levied under divisions (A), (B), and (C) of
this
section do not apply to the
disposal of solid wastes that:
(a) Are disposed of at a facility owned by the generator
of
the wastes when the solid waste facility exclusively disposes
of
solid wastes generated at one or more premises owned by the
generator regardless of whether the facility is located on a
premises where the wastes are generated;
(b) Are disposed of at facilities that exclusively dispose
of wastes that are generated from the combustion of coal, or from
the combustion of primarily coal in combination with scrap tires,
that is not combined in any way with garbage at one or more
premises owned by the generator.
(2) Except as provided in section 3734.571 of the Revised
Code, any fees levied under division (B)(1) of this section apply
to solid wastes originating outside the boundaries of a county or
joint district that are covered by an agreement for the joint use
of solid waste facilities entered into under section 343.02 of
the
Revised Code by the board of county commissioners or board of
directors of the county or joint district where the wastes are
generated and disposed of.
(3) When solid wastes, other than solid wastes that
consist
of scrap tires, are burned in a disposal facility that is
an
incinerator or energy recovery facility, the fees levied under
divisions (A), (B), and (C) of this section
shall be levied upon
the disposal of the fly ash and bottom ash
remaining after burning
of the solid wastes and shall be
collected by the owner or
operator of the sanitary landfill where
the ash is disposed of.
(4) When solid wastes are delivered to a solid waste
transfer facility, the fees levied under divisions (A), (B), and
(C) of this section shall be levied upon
the disposal of solid
wastes transported off the premises of the
transfer facility for
disposal and shall be collected by the
owner or operator of the
solid waste disposal facility where the
wastes are disposed of.
(5) The fees levied under divisions (A), (B), and (C) of
this section do not apply to sewage sludge that is generated by a
waste water treatment facility holding a national pollutant
discharge elimination system permit and that is disposed of
through incineration, land application, or composting or at
another resource recovery or disposal facility that is not a
landfill.
(6) The fees levied under divisions (A), (B), and (C) of
this section do not apply to solid wastes delivered to a solid
waste composting facility for processing. When any unprocessed
solid waste or compost product is transported off the premises of
a composting facility and disposed of at a landfill, the fees
levied under divisions (A), (B), and (C) of this section shall be
collected by the owner or operator of the landfill where the
unprocessed waste or compost product is disposed of.
(7) When solid wastes that consist of scrap tires are
processed at a scrap tire recovery facility, the fees levied
under
divisions (A), (B), and (C) of this
section shall be levied upon
the disposal of the fly ash and
bottom ash or other solid wastes
remaining after the processing
of the scrap tires and shall be
collected by the owner or
operator of the solid waste disposal
facility where the ash or
other solid wastes are disposed of.
(8) The director of environmental protection may issue an order exempting from the fees levied under this section solid wastes, including, but not limited to, scrap tires, that are generated, transferred, or disposed of as a result of a contract providing for the expenditure of public funds entered into by the administrator or regional administrator of the United States environmental protection agency, the director of environmental protection, or the director of administrative services on behalf of the director of environmental protection for the purpose of remediating conditions at a hazardous waste facility, solid waste facility, or other location at which the administrator or regional administrator or the director of environmental protection has reason to believe that there is a substantial threat to public health or safety or the environment or that the conditions are causing or contributing to air or water pollution or soil contamination. An order issued by the director of environmental protection under division (D)(8) of this section shall include a determination that the amount of the fees not received by a solid waste management district as a result of the order will not adversely impact the implementation and financing of the district's approved solid waste management plan and any approved amendments to the plan. Such an order is a final action of the director of environmental protection.
(E) The fees levied under divisions (B) and (C)
of this
section shall be collected by the owner or operator of
the solid
waste disposal facility where the wastes are disposed
of as a
trustee for the county or joint district and municipal
corporation
or township where the wastes are disposed of. Moneys
from the
fees levied under division (B) of this
section shall be forwarded
to the board of county commissioners
or board of directors of the
district in accordance with rules
adopted under division (H) of
this section. Moneys from the fees
levied under division (C) of
this section shall be forwarded to
the treasurer or such other
officer of the municipal corporation
as, by virtue of the charter,
has the duties of the treasurer or
to the clerk of the township,
as appropriate, in accordance with
those rules.
(F) Moneys received by the treasurer or such other officer
of the municipal corporation under division (E) of this section
shall be paid into the general fund of the municipal corporation.
Moneys received by the clerk of the township under that division
shall be paid into the general fund of the township. The
treasurer or such other officer of the municipal corporation or
the clerk, as appropriate, shall maintain separate records of the
moneys received from the fees levied under division (C) of this
section.
(G) Moneys received by the board of county commissioners
or
board of directors under division (E) of this section or
section
3734.571, 3734.572, 3734.573, or 3734.574 of the Revised
Code
shall be paid to the county treasurer, or other official
acting in
a similar capacity under a county charter, in a county
district or
to the county treasurer or other official designated
by the board
of directors in a joint district and kept in a
separate and
distinct fund to the credit of the district. If a
regional solid
waste management authority has been formed under
section 343.011
of the Revised Code, moneys received by the board
of trustees of
that regional authority under division (E) of this
section shall
be kept by the board in a separate and distinct
fund to the credit
of the district. Moneys in the special fund
of the county or
joint district arising from the fees levied
under division (B) of
this section and the fee levied
under division (A) of section
3734.573 of the Revised Code shall
be expended by the board of
county commissioners or directors of
the district in accordance
with the district's solid waste
management plan or amended plan
approved under section 3734.521,
3734.55, or 3734.56 of the
Revised Code exclusively for the
following purposes:
(1) Preparation of the solid waste management plan of the
district under section 3734.54 of the Revised Code, monitoring
implementation of the plan, and conducting the periodic review
and
amendment of the plan required by section 3734.56 of the
Revised
Code by the solid waste management policy committee;
(2) Implementation of the approved solid waste management
plan or amended plan of the district, including, without
limitation, the development and implementation of solid waste
recycling or reduction programs;
(3) Providing financial assistance to boards of health
within the district, if solid waste facilities are located within
the district, for enforcement of this chapter and rules, orders,
and terms and conditions of
permits, licenses, and variances
adopted or issued under it,
other than the hazardous waste
provisions of this chapter and
rules adopted and orders and terms
and conditions of permits issued under
those
provisions;
(4) Providing financial assistance to each county within
the
district to defray the added costs of maintaining roads and
other
public facilities and of providing emergency and other
public
services resulting from the location and operation of a
solid
waste facility within the county under the district's
approved
solid waste management plan or amended plan;
(5) Pursuant to contracts entered into with boards of
health
within the district, if solid waste facilities contained
in the
district's approved plan or amended plan are located
within the
district, for paying the costs incurred by those
boards of health
for collecting and analyzing samples from public
or private water
wells on lands adjacent to those facilities;
(6) Developing and implementing a program for the
inspection
of solid wastes generated outside the boundaries of
this state
that are disposed of at solid waste facilities
included in the
district's approved solid waste management plan
or amended plan;
(7) Providing financial assistance to boards of health
within the district for the enforcement of section 3734.03 of the
Revised Code or to local law enforcement agencies having
jurisdiction within the district for enforcing anti-littering
laws
and ordinances;
(8) Providing financial assistance to boards of health of
health districts within the district that are on the approved
list
under section 3734.08 of the Revised Code to defray the
costs to
the health districts for the participation of their
employees
responsible for enforcement of the solid waste
provisions of this
chapter and rules adopted and orders and terms
and conditions of
permits, licenses, and variances issued under
those provisions in
the training and certification program as
required by rules
adopted under division (L) of section 3734.02
of the Revised Code;
(9) Providing financial assistance to individual municipal
corporations and townships within the district to defray their
added costs of maintaining roads and other public facilities and
of providing emergency and other public services resulting from
the location and operation within their boundaries of a
composting, energy or resource recovery, incineration, or
recycling facility that either is owned by the district or is
furnishing solid waste management facility or recycling services
to the district pursuant to a contract or agreement with the
board
of county commissioners or directors of the district;
(10) Payment of any expenses that are agreed to, awarded, or
ordered to be
paid under section 3734.35 of the Revised Code and
of any administrative
costs incurred pursuant to that section. In
the case of a joint solid waste
management district, if the board
of county commissioners of one of the
counties in the district is
negotiating on behalf of affected communities, as
defined in that
section, in that county, the board shall obtain the approval
of
the board of directors of the district in order to expend moneys
for
administrative costs incurred.
Prior to the approval of the district's solid waste
management plan under section 3734.55 of the Revised Code, moneys
in the special fund of the district arising from the fees
shall
be
expended for those purposes in the manner prescribed by
the
solid
waste management policy committee by resolution.
Notwithstanding division (G)(6) of this section
as it existed
prior to October 29, 1993, or any provision in a district's
solid
waste
management plan
prepared in accordance with division
(B)(2)(e) of section 3734.53
of the Revised Code as it existed
prior to that date, any moneys
arising from the fees levied under
division (B)(3) of this
section prior to January 1, 1994, may be
expended for any of the
purposes authorized in divisions (G)(1) to
(10) of this
section.
(H) The director shall adopt
rules in accordance with
Chapter 119. of the Revised Code
prescribing procedures for
collecting and forwarding the fees
levied under divisions (B) and
(C) of this section to the boards
of county commissioners or
directors of county or joint solid
waste management districts and
to the treasurers or other
officers of municipal corporations or
to the clerks of townships.
The rules also shall prescribe the
dates for forwarding the fees
to the boards and officials and may
prescribe any other
requirements the director considers necessary
or appropriate to
implement and administer divisions (A), (B), and
(C) of this
section. Collection of the fees levied under division
(A)(1) of
this section shall commence on July 1, 1993. Collection
of the
fees
levied under division (A)(2) of this section shall
commence
on January 1, 1994.
Sec. 3734.573. (A) For the purpose of preparing,
revising, and implementing the solid waste management plan of the
district, including, without limitation, the development and
implementation of solid waste recycling or reduction programs;
providing financial assistance to boards of health within the
district, if solid waste facilities are located in the district,
for the enforcement of this chapter and rules adopted and orders and terms and
conditions of
permits, licenses, and variances issued under it, other than the hazardous
waste provisions of this chapter and rules adopted and orders and terms and
conditions of permits issued under those provisions;
providing financial assistance to the county to defray the added
costs of maintaining roads and other public facilities and of
providing emergency and other public services resulting from the
location and operation of a solid waste facility within the
county under the district's approved plan or amended plan; paying
the costs incurred by boards of health for collecting and
analyzing water samples from public and private wells on lands
adjacent to solid waste facilities that are contained in the
approved or amended plan of the district; paying the costs of
developing and implementing a program for the inspection of solid
wastes generated outside the boundaries of this state that are
disposed of at solid waste facilities included in the district's
approved plan or amended plan; providing financial assistance to
boards of health within the district for enforcing laws
prohibiting open dumping; providing financial assistance to local
law enforcement agencies within the district for enforcing laws
and ordinances prohibiting littering; providing financial
assistance to boards of health of health districts within the
district that are on the approved list under section 3734.08 of
the Revised Code for the training and certification required for
their employees responsible for solid waste enforcement by rules
adopted under division (L) of section 3734.02 of the Revised
Code; providing financial assistance to individual municipal
corporations and townships within the district to defray their
added costs of maintaining roads and other public facilities and
of providing emergency and other public services resulting from
the location and operation within their boundaries of a
composting, energy or resource recovery, incineration, or
recycling facility that either is owned by the district or is
furnishing solid waste management facility or recycling services
to the district pursuant to a contract or agreement with the
board of county commissioners or directors of the district; and paying any
expenses provided for or incurred under section 3734.35 purposes specified in division (G) of section 3734.57 of the Revised Code,
the solid waste management policy committee of a county or joint
solid waste management district may levy a fee on the generation
of solid wastes within the district.
The initial or amended solid waste management plan of the
county or joint district approved under section 3734.521, 3734.55, or
3734.56 of the Revised Code, an amendment to the district's plan adopted under
division (E) of section 3734.56 of the Revised Code, or the
resolution adopted and ratified under division (B) of this
section shall establish the rate of the fee levied under this
division and shall specify whether the fee is levied on the basis
of tons or cubic yards as the unit of measurement.
(B) Prior to the approval under division (A) of section
3734.56 of the Revised Code of the first amended plan that the
district is required to submit for approval under that section,
the approval of an initial plan under section 3734.521 of the
Revised Code, the approval of an amended plan under section
3734.521 or division (D) of section 3734.56 of the Revised Code,
or the amendment of the district's plan under division (E) of
section 3734.56 of the Revised Code, the solid waste management
policy committee of a county or joint district that is operating
under an initial plan approved under section 3734.55 of the
Revised Code, or one for which approval of its initial plan is
pending before the director of environmental protection on
October 29, 1993, under section 3734.55 of the
Revised Code, may levy a fee under division (A) of this section
by adopting and obtaining ratification of a resolution
establishing the amount of the fee. A policy committee that,
after December 1, 1993, concurrently proposes to levy a fee under
division (A) of this section and to amend the fees levied by the
district under divisions (B)(1) to (3) of section 3734.57 of the
Revised Code may adopt and obtain ratification of one resolution
proposing to do both. The requirements and procedures set forth
in division (B) of section 3734.57 of the Revised Code governing
the adoption, amendment, and repeal of resolutions levying fees
under divisions (B)(1) to (3) of that section, the ratification
of those resolutions, and the notification of owners and
operators of solid waste facilities required to collect fees
levied under those divisions govern the adoption of the
resolutions authorized to be adopted under this division, the
ratification thereof, and the notification of owners and
operators required to collect the fees, except as otherwise
specifically provided in division (C) of this section.
(C) Any initial or amended plan of a district adopted
under section 3734.521 or 3734.56 of the Revised Code, or
resolution adopted under division (B) of this section, that
proposes to levy a fee under division (A) of this section that
exceeds five dollars per ton shall be ratified in accordance with
the provisions of section 3734.55 or division (B) of section
3734.57 of the Revised Code, as applicable, except that such an
initial or amended plan or resolution shall be approved by a
combination of municipal corporations and townships with a
combined population within the boundaries of the district
comprising at least seventy-five per cent, rather than at least
sixty per cent, of the total population of the district.
(D) The policy committee of a county or joint district may
amend the fee levied by the district under division (A) of this
section by adopting and obtaining ratification of a resolution
establishing the amount of the amended fee. The policy committee
may abolish the fee or an amended fee established under this
division by adopting and obtaining ratification of a resolution
proposing to repeal it. The requirements and procedures under
division (B) and, if applicable, division (C) of this section
govern the adoption and ratification of a resolution authorized
to be adopted under this division and the notification of owners
and operators of solid waste facilities required to collect the
fees.
(E) Collection of a fee or amended fee levied under
division (A) or (D) of this section shall commence or cease in
accordance with division (B) of section 3734.57 of the Revised
Code. If a district is levying a fee under section 3734.572 of
the Revised Code, collection of that fee shall cease on the date
on which collection of the fee levied under division (A) of this
section commences in accordance with division (B) of section
3734.57 of the Revised Code.
(F) In the case of solid wastes that are taken to a solid
waste transfer facility prior to being transported to a solid
waste disposal facility for disposal, the fee levied under
division (A) of this section shall be collected by the owner or
operator of the transfer facility as a trustee for the district.
In the case of solid wastes that are not taken to a solid waste
transfer facility prior to being transported to a solid waste
disposal facility, the fee shall be collected by the owner or
operator of the solid waste disposal facility where the wastes
are disposed of. An owner or operator of a solid waste transfer
or disposal facility who is required to collect the fee shall
collect and forward the fee to the district in accordance with
section 3734.57 of the Revised Code and rules adopted under
division (H) of that section.
If the owner or operator of a solid waste transfer or
disposal facility who did not receive notice pursuant to division
(B) of this section to collect the fee levied by a district under
division (A) of this section receives solid wastes generated in
the district, the owner or operator, within thirty days after
receiving the wastes, shall send written notice of that fact to
the board of county commissioners or directors of the district.
Within thirty days after receiving such a notice, the board of
county commissioners or directors shall send written notice to
the owner or operator indicating whether the district is levying
a fee under division (A) of this section and, if so, the amount
of the fee.
(G) Moneys received by a district levying a fee under
division (A) of this section shall be credited to the special
fund of the district created in division (G) of section 3734.57
of the Revised Code and shall be used exclusively for the
purposes set forth specified in divisions (G)(1) to (10) of that
section division.
Prior to the approval under division (A) of section 3734.56 of
the Revised Code of the first amended plan that the district is
required to submit for approval under that section, the approval
of an initial plan under section 3734.521 of the Revised Code, the
approval of an amended plan under that
section or division (D) of section 3734.56 of the
Revised Code, or the amendment of the district's plan under
division (E) of section 3734.56 of the Revised Code, moneys
credited to the special fund arising from the fee levied pursuant
to a resolution adopted and ratified under division (B) of this
section shall be expended for those purposes in the manner
prescribed by the solid waste management policy committee by
resolution.
(H) The fee levied under division (A) of this section does
not apply to the management of solid wastes that:
(1) Are disposed of at a facility owned by the generator
of the wastes when the solid waste facility exclusively disposes
of solid wastes generated at one or more premises owned by the
generator regardless of whether the facility is located on a
premises where the wastes were generated;
(2) Are disposed of at facilities that exclusively dispose
of wastes that are generated from the combustion of coal, or from
the combustion of primarily coal in combination with scrap tires,
that is not combined in any way with garbage at one or more premises
owned by the generator.
(I) When solid wastes that are burned in a disposal
facility that is an incinerator or energy recovery facility are
delivered to a solid waste transfer facility prior to being
transported to the incinerator or energy recovery facility where
they are burned, the fee levied under division (A) of this
section shall be levied on the wastes delivered to the transfer
facility.
(J) When solid wastes that are burned in a disposal
facility that is an incinerator or energy recovery facility are
not delivered to a solid waste transfer facility prior to being
transported to the incinerator or energy recovery facility where
they are burned, the fee levied under division (A) of this
section shall be levied on the wastes delivered to the
incinerator or energy recovery facility.
(K) The fee levied under division (A) of this section does
not apply to sewage sludge that is generated by a waste water
treatment facility holding a national pollutant discharge
elimination system permit and that is disposed of through
incineration, land application, or composting or at another
resource recovery or disposal facility that is not a landfill.
(L) The fee levied under division (A) of this section does
not apply to yard waste delivered to a solid waste composting
facility for processing or to a solid waste transfer facility.
(M) The fee levied under division (A) of this section does
not apply to materials separated from a mixed waste stream for
recycling by the generator.
(N) The director of environmental protection may issue an order exempting from the fees levied under this section solid wastes, including, but not limited to, scrap tires, that are generated, transferred, or disposed of as a result of a contract providing for the expenditure of public funds entered into by the administrator or regional administrator of the United States environmental protection agency, the director of environmental protection, or the director of administrative services on behalf of the director of environmental protection for the purpose of remediating conditions at a hazardous waste facility, solid waste facility, or other location at which the administrator or regional administrator or the director of environmental protection has reason to believe that there is a substantial threat to public health or safety or the environment or that the conditions are causing or contributing to air or water pollution or soil contamination. An order issued by the director of environmental protection under this division shall include a determination that the amount of fees not received by a solid waste management district as a result of the order will not adversely impact the implementation and financing of the district's approved solid waste managment plan and any approved amendments to the plan. Such an order is a final action of the director of environmental protection.
Sec. 3734.85. (A) On and after
the effective date of the rules adopted under sections
3734.70, 3734.71, 3734.72, and 3734.73 of the Revised Code, the
director of environmental protection may take action under this
section to abate accumulations of scrap tires. If the director
determines that an accumulation of scrap tires constitutes a
danger to the public health or safety or to the environment, he the
director shall issue an order under section 3734.13 of the Revised Code to
the person responsible for the accumulation of scrap tires
directing that person, within one hundred twenty days after the
issuance of the order, to remove the accumulation of scrap tires
from the premises on which it is located and transport the tires
to a scrap tire storage, monocell, monofill, or recovery facility
licensed under section 3734.81 of the Revised Code, to such a
facility in another state operating in compliance with the laws
of the state in which it is located, or to any other solid waste
disposal facility in another state that is operating in
compliance with the laws of that state. If the person
responsible for causing the accumulation of scrap tires is a
person different from the owner of the land on which the
accumulation is located, the director may issue such an order to
the landowner.
If the director is unable to ascertain immediately the
identity of the person responsible for causing the accumulation
of scrap tires, he the director shall examine the records of the
applicable
board of health and law enforcement agencies to ascertain that
person's identity. Before initiating any enforcement or removal
actions under this division against the owner of the land on
which the accumulation is located, the director shall initiate
any such actions against the person that he the director has
identified as
responsible for causing the accumulation of scrap tires. Failure
of the director to make diligent efforts to ascertain the
identity of the person responsible for causing the accumulation
of scrap tires or to initiate an action against the person
responsible for causing the accumulation shall not constitute an
affirmative defense by a landowner to an enforcement action
initiated by the director under this division requiring immediate
removal of any accumulation of scrap tires.
Upon the written request of the recipient of an order
issued under this division, the director may extend the time for
compliance with the order if the request demonstrates that the
recipient has acted in good faith to comply with the order. If
the recipient of an order issued under this division fails to
comply with the order within one hundred twenty days after the
issuance of the order or, if the time for compliance with the
order was so extended, within that time, the director shall take
such actions as he the director considers reasonable and
necessary to remove and properly manage the scrap tires located on the land
named in
the order. The director, through employees of the environmental
protection agency or a contractor, may enter upon the land on
which the accumulation of scrap tires is located and remove and
transport them to a scrap tire recovery facility for processing,
to a scrap tire storage facility for storage, or to a scrap tire
monocell or monofill facility for storage or disposal.
The director shall enter into contracts with the owners or
operators of scrap tire storage, monocell, monofill, or recovery
facilities for the storage, disposal, or processing of scrap
tires removed through removal operations conducted under this
section. In doing so, the director shall give preference to
scrap tire recovery facilities.
If a person to whom a removal order is issued under this
division fails to comply with the order and if the director
performs a removal action under this section, the person to whom
the removal order is issued is liable to the director for the
costs incurred by the director for conducting the removal
operation, storage at a scrap tire storage facility, storage
or disposal at a scrap tire monocell or monofill facility, or
processing of the scrap tires so removed, the transportation of
the scrap tires from the site of the accumulation to the scrap
tire storage, monocell, monofill, or recovery facility where the
scrap tires were stored, disposed of, or processed, and the
administrative and legal expenses incurred by the director in
connection with the removal operation. The director shall keep an itemized record of those costs. Upon completion of the actions for which the costs were incurred, the director shall record the costs at the office of the county recorder of the county in which the accumulation of scrap tires was located. The costs so recorded constitute a lien on the property on which the accumulation of scrap tires was located until discharged. Upon the written request
of the director, the attorney general shall bring a civil action
against the person responsible for the accumulation of the scrap
tires that were the subject of the removal operation to recover
the costs of the removal operation. If the director is unable to
recover those costs through such a civil action, he shall certify them to the county recorder of the county in which the
accumulation of scrap tires was located. The recorder shall
record the costs so certified as a lien on the property on which
the accumulation of scrap tires was located, which costs shall be
a lien on the property until discharged for which the person is liable under this division. Any money so received or recovered shall be credited to the scrap tire management fund created in section 3734.82 of the Revised Code.
If, in a civil action brought under this division, an owner
of real property is ordered to pay to the director the costs of a
removal action that removed an accumulation of scrap tires from
the person's land or if a lien is placed on the person's land for
the costs of such a removal action, and, in either case, if the
landowner was not the person responsible for causing the
accumulation of scrap tires so removed, the landowner may bring a
civil action against the person who was responsible for causing
the accumulation to recover the amount of the removal costs that
the court ordered the landowner to pay to the director or the
amount of the removal costs certified to the county recorder as a
lien on the landowner's property, whichever is applicable. If
the landowner prevails in the civil action against the person who
was responsible for causing the accumulation of scrap tires, the
court, as it considers appropriate, may award to the landowner
the reasonable attorney's fees incurred by the landowner for
bringing the action, court costs, and other reasonable expenses
incurred by the landowner in connection with the civil action. A
landowner shall bring such a civil action within two years after
making the final payment of the removal costs to the director
pursuant to the judgment rendered against the landowner in the
civil action brought under this division upon the director's
request or within two years after the director certified the
costs of the removal action to the county recorder, as
appropriate. A person who, at the time that a removal action was
conducted under this division, owned the land on which the
removal action was performed may bring an action under this
division to recover the costs of the removal action from the
person responsible for causing the accumulation of scrap tires so
removed regardless of whether the person owns the land at the
time of bringing the action.
Subject to the limitations set forth in division (G) of
section 3734.82 of the Revised Code, the director may use moneys
in the scrap tire management fund created in that division for
conducting removal actions under this division. Any moneys
recovered under this division shall be credited to the scrap tire
management fund.
(B) The director shall initiate enforcement and removal
actions under division (A) of this section in accordance with the
following descending listing of priorities:
(1) Accumulations of scrap tires that the director finds
constitute a fire hazard or threat to public health;
(2) Accumulations of scrap tires determined by the
director to contain more than one million scrap tires;
(3) Accumulations of scrap tires in densely populated
areas;
(4) Other accumulations of scrap tires that the director
or board of health of the health district in which the
accumulation is located determines constitute a public nuisance;
(5) Any other accumulations of scrap tires present on
premises operating without a valid license issued under section
3734.05 or 3734.81 of the Revised Code.
(C) The director shall not take enforcement and removal
actions under division (A) of this section against the owner or
operator of, or the owner of the land on which is located, any of
the following:
(1) A premises where not more than one hundred scrap tires
are present at any time;
(2) The premises of a business engaging in the sale of
tires at retail that meets either of the following criteria:
(a) Not more than one thousand scrap tires are present on
the premises at any time in an unsecured, uncovered outdoor
location;.
(b) Any number of scrap tires are secured in a building or
a covered, enclosed container, trailer, or installation.
(3) The premises of a tire retreading business, a tire
manufacturing finishing center, or a tire adjustment center on
which is located a single, covered scrap tire storage area where
not more than four thousand scrap tires are stored;
(4) The premises of a business that removes tires from
motor vehicles in the ordinary course of business and on which is
located a single scrap tire storage area that occupies not more
than twenty-five hundred square feet;
(5) A solid waste facility licensed under section 3734.05
of the Revised Code that stores scrap tires on the surface of the
ground if the total land area on which scrap tires are actually
stored does not exceed ten thousand square feet;
(6) A premises where not more than two hundred fifty scrap
tires are stored or kept for agricultural use;
(7) A construction site where scrap tires are stored for
use or used in road resurfacing or the construction of
embankments;
(8) A scrap tire collection, storage, monocell, monofill,
or recovery facility licensed under section 3734.81 of the
Revised Code;
(9) A solid waste incineration or energy recovery facility
that is subject to regulation under this chapter and that burns
scrap tires;
(10) A premises where scrap tires are beneficially used
and for which the notice required by rules adopted under section
3734.84 of the Revised Code has been given;
(11) A transporter registered under section 3734.83 of the
Revised Code that collects and holds scrap tires in a covered
trailer or vehicle for not longer than thirty days prior to
transporting them to their final destination.
(D) Nothing in this section restricts any right any person
may have under statute or common law to enforce or seek
enforcement of any law applicable to the management of scrap
tires, abate a nuisance, or seek any other appropriate relief.
(E) An owner of real property upon which there is located
an accumulation of not more than two thousand scrap tires is not
liable under division (A) of this section for the cost of the
removal of the scrap tires, and no lien shall attach to the
property under this section, if all of the following conditions
are met:
(1) The tires were placed on the property after the owner
acquired title to the property, or the tires were placed on the
property before the owner acquired title to the property and the
owner acquired title to the property by bequest or devise;.
(2) The owner of the property did not have knowledge that
the tires were being placed on the property, or the owner posted
on the property signs prohibiting dumping or took other action to
prevent the placing of tires on the property;.
(3) The owner of the property did not participate in or
consent to the placing of the tires on the property;.
(4) The owner of the property received no financial
benefit from the placing of the tires on the property or
otherwise having the tires on the property;.
(5) Title to the property was not transferred to the owner
for the purpose of evading liability under division (A) of this
section;.
(6) The person responsible for placing the tires on the
property, in doing so, was not acting as an agent for the owner
of the property.
Sec. 3734.901. (A)(1) For the purpose of providing revenue
to
defray the cost of administering and enforcing the scrap tire
provisions of this chapter, rules adopted under those provisions,
and terms and conditions of orders, variances, and licenses
issued
under those provisions; to abate accumulations of scrap
tires; to
make grants to promote research regarding alternative
methods of
recycling scrap tires and loans to promote the
recycling or
recovery of energy from scrap tires; and to defray
the costs of
administering and enforcing sections 3734.90 to
3734.9014 of the
Revised Code, a fee of
fifty cents per tire is
hereby
levied on
the sale of tires. The fee is levied from the
first day
of the
calendar month that begins next after thirty
days from
October 29,
1993, through June 30, 2006 2011.
(2) Beginning on
the effective date of this section
September 5, 2001, and
ending on June 30, 2011, there is hereby levied an additional fee
of fifty cents
per tire on the sale of tires the proceeds of which
shall be
deposited in the state treasury to the credit of the scrap tire management fund created in
section
3734.82 of the Revised Code and be used exclusively for
the
purposes specified in division (G)(3) of that section.
(B) Only one sale of the same article shall be used in
computing the amount of the fee due.
Sec. 3734.9010. Four Two per cent of all amounts paid to the treasurer of state
pursuant to sections 3734.90 to 3734.9014 of the Revised Code shall be
certified directly to the credit of the tire fee administrative fund, which is
hereby created in the state treasury, for appropriation to the department of
taxation for use in administering those sections. The remainder of the
amounts paid to the treasurer of state shall be deposited to the credit of the
scrap tire management fund created in section 3734.82 of the Revised Code.
Sec. 3735.27. (A) Whenever the director of development
has
determined that there is need for a housing authority in any
portion of any county that comprises two or more political
subdivisions or portions
of two or more political
subdivisions but is less than all the
territory within the county,
a metropolitan housing authority
shall be declared to exist, and
the territorial limits
of the authority shall be defined,
by a letter from the director. The director
shall issue a
determination from the department of development
declaring that
there is need for a housing authority within
those
territorial limits
after finding either
of the following:
(1) Unsanitary or unsafe inhabited housing accommodations
exist in
that area;
(2) There is a shortage of safe and sanitary housing
accommodations in
that area available to persons who lack the
amount of income
that is necessary, as determined by the
director, to enable them, without financial assistance, to live
in
decent, safe, and sanitary dwellings without congestion.
In determining whether dwelling accommodations are unsafe
or
unsanitary, the director may take into consideration the degree
of
congestion, the percentage of land coverage, the light, air,
space, and access available to the inhabitants of
the
dwelling
accommodations, the size and arrangement of
rooms,
the
sanitary facilities, and the extent to which conditions exist
in
the dwelling accommodations that endanger
life or property by fire or other
causes.
The territorial limits of a
metropolitan housing authority
as defined by
the
director
under this division shall be fixed for
the authority upon proof of a
letter
from the director
declaring the need for
the authority to
function in those
territorial limits. Any such letter from the
director, any
certificate of determination issued by the
director,
and any
certificate of appointment of members of the
authority
shall be
admissible in evidence in any suit, action, or
proceeding.
A certified copy of the letter from the director declaring
the existence
of a metropolitan housing authority and
the territorial limits of
its
district
shall be
immediately forwarded to each appointing
authority. A
metropolitan housing authority shall consist of
members who
are
residents of the territory in
which they serve.
(B)(1) Except as otherwise provided in division (C), (D), or (E) of
this
section,
the members of a metropolitan housing authority shall be
appointed as follows:
(a)(i) In a district in a county in which a charter has been adopted under Article X, Section 3 of the Ohio Constitution, and in which the most populous city is not
the city with the largest ratio of housing units owned or managed
by the authority to population, one member shall be appointed by
the probate court, one
member shall be appointed by
the court of
common pleas, one member shall be appointed by the
board of
county
commissioners,
one member shall be appointed by
the chief executive
officer of the city that has the largest ratio
of housing units owned or managed by the authority to population,
and two members shall be appointed by the chief executive officer
of the most populous city
in the
district.
(ii) If, in a district that appoints members pursuant to
division (B)(1)(a) of this section, the most populous city becomes the city with the
largest ratio of housing units owned or managed by the authority
to population, when the term of office of the member who was
appointed by the chief executive officer of the city with the
largest ratio expires, that member shall not be reappointed, and
the membership of the authority shall be as described in division
(B)(1)(b) of this section.
(b) In any district other than one described in division
(B)(1)(a) of this section, one member shall be appointed by the
probate court, one member shall be appointed by the court of
common pleas, one member shall be appointed by the board of county
commissioners, and two members shall be appointed by the chief
executive officer of the most populous city in the district.
(2) At
the time of the initial appointment of the authority,
the
member
appointed by the probate court shall be appointed for
a
period of
four years, the
member appointed by the
court of common
pleas
shall be appointed for three
years, the
member appointed by the board of county
commissioners
shall be appointed for two
years,
one
member
appointed by the chief executive
officer
of the most populous city
in the district shall be appointed for one year,
and
the
other member appointed by the chief executive
officer
of
the most populous city
in the district shall be
appointed for five
years.
If appointments are made under division (B)(1)(a) of this
section, the member appointed by the chief executive officer of
the city in the district that is not the most populous city, but
that has the largest ratio of housing units owned or managed by
the authority to population, shall be appointed for five years.
After the initial appointments, all members of the authority
shall
be appointed for
five-year terms, and any vacancy occurring upon the expiration of a term shall be filled
by the appointing authority that made the initial appointment.
(3) For purposes of this division, population shall be
determined according to the last preceding federal census.
(C) For any metropolitan housing authority district that
contained, as of the 1990 federal census, a population of
at least
one million, two members of the
authority shall be
appointed by
the
legislative
authority of the most
populous city in
the
district, two
members
shall be
appointed by the chief
executive officer of the
most populous city
in the
district, and
one member
shall be
appointed by the
chief executive
officer, with the approval of
the
legislative authority,
of the city in the district
that has the
second highest number of
housing units owned or
managed by the
authority.
At the time of the initial appointment of the authority,
one
member appointed by the
legislative authority of
the
most populous city in the
district
shall
be appointed for three years, and one
such member shall be
appointed for one year; the
member appointed by the
chief executive officer of the city with the
second highest
number
of housing units owned or managed by the
authority shall be
appointed, with the approval of the
legislative
authority, for three years;
and one
member appointed
by
the
chief executive
officer of the most populous city in the
district
shall be
appointed for three years, and one
such member
shall be appointed for one year.
Thereafter, all
members of the
authority shall be appointed for
three-year terms,
and any vacancy
shall be filled by the same
appointing power that
made the initial
appointment. At the
expiration of the term of
any member
appointed by the chief
executive officer of the most
populous city
in the
district before
March 15, 1983,
the chief
executive officer of the most populous
city in the
district shall
fill the vacancy by appointment for a
three-year
term. At the
expiration of the term of any member
appointed by
the board of
county commissioners before March 15,
1983, the
chief executive
officer of the city in the district with
the
second highest
number of housing units owned or managed by the
authority shall,
with the approval of the municipal legislative
authority, fill
the vacancy by appointment for a three-year term.
At the
expiration of the term of any member appointed before
March 15,
1983, by the court of common pleas or the probate court,
the
legislative authority of the most populous city in the
district shall fill the vacancy by
appointment
for a three-year term.
After March 15, 1983, at least one of the members appointed
by the chief executive officer of the most populous city shall be
a resident of a dwelling unit owned or managed by the
authority. At least one of the initial appointments by the chief
executive officer of the most populous city, after March 15,
1983,
shall be a resident of a dwelling unit owned or managed by
the
authority. Thereafter, any member appointed by the
chief
executive officer
of the most populous city for the term
established by this initial
appointment, or for any succeeding
term, shall be a
person
who resides in a dwelling unit
owned or managed by the
authority. If there is an
elected, representative body
of all
residents of the
authority,
the chief
executive
officer
of the most populous
city shall, whenever there is a vacancy in this
resident term,
provide written notice of the vacancy to the
representative body.
If the representative body submits to the
chief executive officer
of the most populous city,
in writing and within sixty days after
the date on which it was
notified of the vacancy, the names of at
least five residents of
the
authority who are willing and
qualified to serve as a
member,
the chief executive officer
of the most populous city shall appoint to the
resident term one
of the residents
recommended by the
representative body. At no
time shall
residents constitute a
majority of the members of the
authority.
(D)(1) For any metropolitan
housing authority district
located
in a county that had, as of the
2000 federal census, a
population
of at least four hundred
thousand and no city with a
population
greater than thirty per
cent of the total population of
the
county, one member of the
authority shall be appointed by the
probate court, one member
shall be appointed by the court of
common pleas, one member shall
be appointed by the chief executive
officer of the most populous
city in the district, and two members
shall be appointed by the
board of county commissioners.
(2) At the time of the initial appointment of a
metropolitan housing authority pursuant to this division, the
member appointed by the probate court shall be appointed for a
period of four years, the member appointed by the court of common
pleas shall be appointed for three years, the member appointed by
the chief executive officer of the most populous city shall be
appointed for two years, one member appointed by the board of
county commissioners shall be appointed for one year, and the
other member appointed by the board of county commissioners shall
be appointed for five years. Thereafter, all members of the
authority shall be appointed for five-year terms, with each term
ending on the same day of the same month as the term that it
succeeds. Vacancies shall be filled in the manner provided in
the original appointments. Any member appointed to fill a vacancy
occurring prior to the expiration of the term shall hold office as a member
for the remainder of that term.
(E)(1) An additional two members One resident member shall be appointed to the a metropolitan housing authority in any district that has three hundred or more assisted housing units and that does not have at least one resident as a member of its authority. For the purposes of this section, an "assisted unit" is a housing unit owned or operated by the housing authority or a unit in which the occupants receive tenant-based housing assistance through the federal section 8 housing program, 24 C.F.R. Ch VIII, and, a "resident" is a person who lives in an assisted housing unit when required by federal law. The
(2) The chief executive officer of the most populous city in the district shall appoint an additional member who is a that resident member for an initial a term of five years. The board of county commissioners shall appoint the other additional member, who need not be a resident, for an initial term of three years. After the initial term, the terms of both members Subsequent terms of that resident member also shall be for five years, and vacancies any vacancy in the position of the resident member shall be filled in the manner provided for original appointments by the chief executive officer of the most populous city in the district. Any member appointed to fill such a vacancy occurring prior to the expiration of the term for which the member's predecessor was appointed shall hold office as a resident member for the remainder of that term. If, at any time,
(3) A member appointed as a resident member who no longer qualifies as a resident shall be deemed unable to serve, and another resident member shall be appointed by the appointing authority who originally appointed the resident member to serve for the unexpired portion of that term.
(2) On and after the effective date of this amendment, any metropolitan housing authority to which two additional members were appointed pursuant to former division (E)(1) of this section as enacted by Amended Substitute House Bill No. 95 of the 125th general assembly shall continue to have those additional members. Their terms shall be for five years, and vacancies in their positions shall be filled in the manner provided for their original appointment under former division (E)(1) of this section as so enacted.
(F) Public officials, other than the officers having the
appointing power under this section, shall be eligible to serve
as
members, officers, or employees of
a metropolitan housing
authority
notwithstanding any statute, charter, or law to the
contrary.
Not
more than two such public officials shall be members
of the
authority at any one time.
All members of
an authority shall serve without
compensation but shall be entitled to be reimbursed for all
necessary expenses incurred.
After a metropolitan housing authority district
is
formed,
the director may enlarge the territory within
the
district to
include other political subdivisions, or portions
of other political subdivisions, but the
territorial
limits of
the district shall be less than
that of the
county.
(G)(1) Any vote taken by a metropolitan housing authority
shall require a majority affirmative vote to pass. A tie vote
shall constitute a defeat of any measure receiving equal numbers
of votes for and against it.
(2) The members of a metropolitan housing authority shall
act in the best interest of the district and shall not act solely
as representatives of their respective appointing authorities.
Sec. 3743.01. As used in this chapter:
(A) "Beer" and "intoxicating liquor" have the same
meanings
as in section 4301.01 of the Revised Code.
(B) "Booby trap" means a small tube that has a string
protruding from both ends, that has a friction-sensitive
composition, and that is ignited by pulling the ends of the
string.
(C) "Cigarette load" means a small wooden peg that is
coated
with a small quantity of explosive composition and that is
ignited
in a cigarette.
(D)(1) "1.3G fireworks" means display fireworks consistent
with
regulations of the United States department of
transportation
as expressed using the designation "division 1.3" in
Title 49,
Code of
Federal Regulations.
(2) "1.4G fireworks" means consumer fireworks consistent
with
regulations of the United States department of
transportation
as expressed using the designation "division 1.4" in
Title 49,
Code of
Federal Regulations.
(E) "Controlled substance" has the same meaning as in
section 3719.01 of the Revised Code.
(F) "Fireworks" means any composition or device prepared
for
the purpose of producing a visible or an audible effect by
combustion, deflagration, or detonation, except ordinary matches
and except as provided in section 3743.80 of the Revised Code.
(G) "Fireworks plant" means all buildings and other
structures in which the manufacturing of fireworks, or the
storage
or sale of manufactured fireworks by a manufacturer, takes
place.
(H) "Highway" means any public street, road, alley, way,
lane, or other public thoroughfare.
(I) "Licensed exhibitor of fireworks" or "licensed
exhibitor" means a person licensed pursuant to sections 3743.50
to
3743.55 of the Revised Code.
(J) "Licensed manufacturer of fireworks" or "licensed
manufacturer" means a person licensed pursuant to sections
3743.02
to 3743.08 of the Revised Code.
(K) "Licensed wholesaler of fireworks" or "licensed
wholesaler" means a person licensed pursuant to sections 3743.15
to 3743.21 of the Revised Code.
(L) "List of licensed exhibitors" means the list required
by
division (C) of section 3743.51 of the Revised Code.
(M) "List of licensed manufacturers" means the list
required
by division (C) of section 3743.03 of the Revised Code.
(N) "List of licensed wholesalers" means the list required
by division (C) of section 3743.16 of the Revised Code.
(O) "Manufacturing of fireworks" means the making of
fireworks from raw materials, none of which in and of themselves
constitute a fireworks, or the processing of fireworks.
(P) "Navigable waters" means any body of water susceptible
of being used in its ordinary condition as a highway of commerce
over which trade and travel is or may be conducted in the
customary modes, but does not include a body of water that is not
capable of navigation by barges, tugboats, and other large
vessels.
(Q) "Novelties and trick noisemakers" include the
following
items:
(1) Devices that produce a small report intended to
surprise
the user, including, but not limited to, booby traps,
cigarette
loads, party poppers, and snappers;
(2) Snakes or glow worms;
(R) "Party popper" means a small plastic or paper item
that
contains not more than sixteen milligrams of
friction-sensitive
explosive composition, that is ignited by
pulling a string
protruding from the item, and from which paper
streamers are
expelled when the item is ignited.
(S) "Processing of fireworks" means the making of
fireworks
from materials all or part of which in and of
themselves
constitute a fireworks, but does not include the mere
packaging or
repackaging of fireworks.
(T) "Railroad" means any railway or railroad that carries
freight or passengers for hire, but does not include auxiliary
tracks, spurs, and sidings installed and primarily used in
serving
a mine, quarry, or plant.
(U) "Retail sale" or "sell at retail" means a sale of
fireworks to a purchaser who intends to use the fireworks, and
not
resell them.
(V) "Smoke device" means a tube or sphere that contains
pyrotechnic composition that, upon ignition, produces white or
colored smoke as the primary effect.
(W) "Snake or glow worm" means a device that consists of a
pressed pellet of pyrotechnic composition that produces a large,
snake-like ash upon burning, which ash expands in length as the
pellet burns.
(X) "Snapper" means a small, paper-wrapped item that
contains a minute quantity of explosive composition coated on
small bits of sand, and that, when dropped, implodes.
(Y) "Trick match" means a kitchen or book match that is
coated with a small quantity of explosive composition and that,
upon ignition, produces a small report or a shower of sparks.
(Z) "Wire sparkler" means a sparkler consisting of a wire or
stick
coated with a nonexplosive pyrotechnic mixture that produces
a shower of
sparks upon ignition and that contains no more than
one hundred grams of this
mixture.
(AA) "Wholesale sale" or "sell at wholesale" means a sale
of
fireworks to a purchaser who intends to resell the fireworks
so
purchased.
(BB) "Licensed
premises" means the real estate upon which a
licensed
manufacturer or wholesaler of fireworks conducts
business.
(CC) "Licensed building" means a
building on the licensed
premises of a licensed manufacturer or
wholesaler of fireworks
that is approved for occupancy by the
building official having
jurisdiction.
(DD) "Fireworks incident" means any action or omission that
occurs at a fireworks exhibition, that results in injury or death,
or a substantial risk of injury or death, to any person, and that
involves either of the following:
(1) The handling or other use, or the results of the
handling or other use, of fireworks or associated equipment or
other materials;
(2) The failure of any person to comply with any applicable
requirement imposed by this chapter or any applicable rule adopted
under this chapter.
(EE) "Discharge site" means an area immediately surrounding
the mortars used to fire aerial shells.
(FF) "Fireworks incident site" means a discharge site or
other location at a fireworks exhibition where a fireworks
incident occurs, a location where an injury or death associated
with a fireworks incident occurs, or a location where evidence
of
a fireworks incident or an injury or death associated with a
fireworks incident is found.
(GG) "Storage location" means a single parcel or contiguous parcels of real estate approved by the fire marshal pursuant to division (I) of section 3743.04 of the Revised Code or division (G) of section 3743.17 of the Revised Code that are separate from a licensed premises containing a retail showroom, and which parcel or parcels a licensed manufacturer or wholesaler of fireworks may use only for the distribution, possession, and storage of fireworks in accordance with this chapter.
Sec. 3743.02. (A) Any person who wishes to manufacture
fireworks in this state shall submit to the fire marshal an
application for licensure as a manufacturer of fireworks before
the first day of
October of each year. The
application
shall be
submitted prior to the operation of a fireworks plant,
shall be
on
a form prescribed by the fire marshal, shall contain
all
information required by this section or requested by the fire
marshal, and shall be accompanied by the license fee,
fingerprints, and
proof of insurance
coverage described in
division (B) of this
section.
The fire marshal shall prescribe a form for applications
for
licensure as a manufacturer of fireworks and make a copy of
the
form available, upon request, to persons who seek that
licensure.
(B) An applicant for licensure as a manufacturer of
fireworks shall submit with the application
all of the
following:
(1) A license fee of
two thousand
seven
hundred
fifty
dollars,
which the fire marshal shall use to
pay for
fireworks
safety education, training programs, and inspections;. If the applicant has any storage locations approved in accordance with division (I) of section 3743.04 of the Revised Code, the applicant also shall submit a fee of one hundred dollars per storage location for the inspection of each storage location.
(2)
Proof of comprehensive general
liability insurance
coverage, specifically including fire and
smoke casualty
on
premises and products, in an amount not less
than one million
dollars for
each occurrence for bodily injury
liability and
wrongful death liability at
the fireworks plant.
All
applicants
shall submit evidence of
comprehensive general
liability insurance
coverage verified by the insurer and
certified
as to its provision
of the minimum coverage required under this
division.
(3) One complete set of the applicant's fingerprints and
a
complete set of fingerprints of any individual holding,
owning, or
controlling a five per cent or greater beneficial or
equity
interest in the applicant for the license.
(C) A separate application for licensure as a manufacturer
of fireworks shall be submitted for each fireworks plant that a
person wishes to operate in this state.
(D) If an applicant intends to include the processing of
fireworks as any part of its proposed manufacturing of fireworks,
a statement indicating that intent shall be included in its
application for licensure.
Sec. 3743.04. (A) The license of a manufacturer of
fireworks is effective for one year beginning on the first day of
December. The fire marshal shall issue
or renew a license only on
that
date and at no other time. If a manufacturer of fireworks
wishes
to continue manufacturing fireworks at the designated
fireworks
plant after its then effective license expires, it shall
apply
no later
than the first day of October
for a new license
pursuant to section 3743.02 of the Revised
Code. The fire marshal
shall send a written notice of the
expiration of its license to a
licensed manufacturer at least
three
months before the
expiration
date.
(B) If, during the effective period of its licensure, a
licensed manufacturer of fireworks wishes to construct, locate,
or
relocate any buildings or other structures on the premises of
its
fireworks plant, to make any structural change or renovation
in
any building or other structure on the premises of its
fireworks
plant, or to change the nature of its manufacturing of
fireworks
so as to include the processing of fireworks, the
manufacturer
shall notify the fire marshal in writing. The fire
marshal may
require a licensed manufacturer also to submit
documentation,
including, but not limited to, plans covering the
proposed
construction, location, relocation, structural change or
renovation, or change in manufacturing of fireworks, if
the
fire
marshal determines the documentation is necessary for
evaluation
purposes
in light of the proposed construction,
location,
relocation,
structural change or renovation, or change
in
manufacturing of
fireworks.
Upon receipt of the notification and additional
documentation
required by the fire marshal, the fire marshal
shall inspect the
premises of the fireworks plant to determine if
the proposed
construction, location, relocation, structural
change or
renovation, or change in manufacturing of fireworks
conforms to
sections 3743.02 to 3743.08 of the Revised Code and
the rules
adopted by the fire marshal pursuant to section 3743.05
of the
Revised Code. The fire marshal shall issue a written
authorization to the manufacturer for the construction, location,
relocation, structural change or renovation, or change in
manufacturing of fireworks if
the fire marshal determines,
upon
the inspection
and a review of submitted documentation, that the
construction,
location, relocation, structural change or
renovation, or change
in manufacturing of fireworks conforms to
those sections and
rules. Upon authorizing a change in
manufacturing of fireworks
to include the processing of fireworks,
the fire marshal shall
make notations on the manufacturer's
license and in the list of
licensed manufacturers in accordance
with section 3743.03 of the
Revised Code.
On or before June 1, 1998, a licensed manufacturer shall
install, in every licensed building in which fireworks
are
manufactured, stored, or displayed and to which the public has
access,
interlinked fire detection, smoke exhaust, and smoke
evacuation systems that are approved by the superintendent of the
division of
industrial compliance,
and shall comply with floor
plans showing occupancy load limits and internal
circulation and
egress patterns that are approved by the fire
marshal and
superintendent, and that are submitted under seal as
required by
section 3791.04 of the Revised Code. Notwithstanding section
3743.59 of the Revised Code, the
construction and safety
requirements established in this division are not subject to any
variance,
waiver, or exclusion.
(C) The license of a manufacturer of fireworks authorizes
the manufacturer to engage only in the following activities:
(1) The manufacturing of fireworks on the premises of the
fireworks plant as described in the application for licensure or
in the notification submitted under division (B) of this section,
except that a licensed manufacturer shall not engage in the
processing of fireworks unless authorized to do so by its
license.
(2) To possess for sale at wholesale and sell at wholesale
the fireworks manufactured by the manufacturer, to persons who
are
licensed wholesalers of fireworks, to out-of-state residents
in
accordance with section 3743.44 of the Revised Code, to
residents
of this state in accordance with section 3743.45 of the
Revised
Code, or to persons located in another state provided the
fireworks are shipped directly out of this state to them by the
manufacturer. A person who is licensed as a manufacturer of
fireworks on
June 14,
1988,
also
may possess for sale and sell
pursuant to division
(C)(2) of
this section fireworks other than
those
the person
manufactures. The
possession for sale shall be
on the premises of
the fireworks
plant described in the
application for licensure or
in the
notification submitted under
division (B) of this section,
and
the sale shall be from
the
inside of a licensed
building and from no other structure or
device outside a licensed
building.
At no time shall a licensed
manufacturer sell any class
of fireworks outside a
licensed
building.
(3) Possess for sale at retail and sell at retail the
fireworks manufactured by the manufacturer, other than
1.4G
fireworks as designated by the fire marshal in
rules adopted
pursuant to division (A) of section 3743.05 of the Revised Code,
to licensed exhibitors in accordance with sections 3743.50 to
3743.55 of the Revised Code, and possess for sale at retail and
sell at retail the fireworks manufactured by the manufacturer,
including
1.4G fireworks, to out-of-state
residents
in
accordance
with section 3743.44 of the Revised Code, to
residents
of this
state in accordance with section 3743.45 of the
Revised
Code, or
to persons located in another state provided the
fireworks are
shipped directly out of this state to them by the
manufacturer. A
person who is licensed as a manufacturer of
fireworks on
June 14,
1988,
may also possess for sale and sell pursuant to division
(C)(3) of
this section fireworks other than those
the person
manufactures. The
possession for sale shall be on the premises of
the fireworks
plant described in the application for licensure or
in the
notification submitted under division (B) of this section,
and
the sale shall be from
the inside of a licensed
building and
from no other structure or device outside a licensed
building.
At
no time shall a licensed manufacturer sell any class
of fireworks
outside a
licensed building.
A licensed manufacturer of fireworks shall sell under
division (C)
of this section only fireworks that meet the
standards set by the consumer
product safety commission or by the
American fireworks
standard laboratories or that have received an
EX number from the
United States department of transportation.
(D) The license of a manufacturer of fireworks shall be
protected under glass and posted in a conspicuous place on the
premises of the fireworks plant. Except as otherwise provided in
this division, the license is not transferable or assignable. A
license may be transferred to another person for the same
fireworks plant for which the license was issued if the assets of
the plant are transferred to that person by inheritance or by a
sale approved by the fire marshal. The license is subject to
revocation in accordance with section 3743.08 of the Revised
Code.
(E)
The fire marshal shall not place the license of a
manufacturer of fireworks in a temporarily inactive status while
the holder of
the license is
attempting to qualify to retain the
license.
(F) Each licensed
manufacturer of fireworks that possesses
fireworks for sale and
sells fireworks under division
(C) of
section 3743.04 of the Revised
Code, or a designee of the
manufacturer, whose identity is provided to the fire marshal by
the manufacturer, annually shall attend a continuing education
program consisting of not less than eight hours of instruction.
The fire marshal shall develop
the program and the fire marshal or
a person or public agency approved by the
fire marshal shall
conduct it. A licensed manufacturer or the manufacturer's
designee who attends a program as required under this division,
within one year after attending the program, shall conduct
in-service training for other employees of the licensed
manufacturer regarding the information obtained in the program.
A
licensed manufacturer shall provide the fire marshal with
notice
of the date, time, and place of all in-service training
not less
than thirty days prior to an in-service training
event.
(G) A licensed
manufacturer shall maintain comprehensive
general liability
insurance coverage in the amount and type
specified under
division (B)(2) of section
3743.02 of the Revised
Code at all times. Each policy
of insurance required under this
division shall contain a
provision requiring the insurer to give
not less than fifteen
days' prior written notice to the fire
marshal before
termination, lapse, or cancellation of the policy,
or any change
in the policy that reduces the coverage below the
minimum
required under this division. Prior to canceling or
reducing
the amount of coverage of any comprehensive general
liability
insurance coverage required under this division, a
licensed
manufacturer shall secure supplemental insurance in an
amount
and type that satisfies the requirements of this division
so
that no lapse in coverage occurs at any time. A licensed
manufacturer who secures supplemental insurance shall file
evidence of the supplemental insurance with the fire marshal
prior
to canceling or reducing the amount of coverage of any
comprehensive general liability insurance coverage required
under
this division.
(H) The fire marshal shall adopt rules for the expansion or contraction of a licensed premises and for approval of such expansions or contractions. The boundaries of a licensed premises, including any geographic expansion or contraction of those boundaries, shall be approved by the fire marshal in accordance with rules the fire marshal adopts. If the licensed premises consists of more than one parcel of real estate, those parcels shall be contiguous unless an exception is allowed pursuant to division (I) of this section.
(I)(1) A licensed manufacturer may expand its licensed premises within this state to include not more than two storage locations that are located upon one or more real estate parcels that are noncontiguous to the licensed premises as that licensed premises exists on the date a licensee submits an application as described below, if all of the following apply:
(a) The licensee submits an application to the fire marshal and an application fee of one hundred dollars per storage location for which the licensee is requesting approval.
(b) The identity of the holder of the license remains the same at the storage location.
(c) The storage location has received a valid certificate of zoning compliance as applicable and a valid certificate of occupancy for each building or structure at the storage location issued by the authority having jurisdiction to issue the certificate for the storage location, and those certificates permit the distribution and storage of fireworks regulated under this chapter at the storage location and in the buildings or structures. The storage location shall be in compliance with all other applicable federal, state, and local laws and regulations.
(d) Every building or structure located upon the storage location is separated from occupied residential and nonresidential buildings or structures, railroads, highways, or any other buildings or structures on the licensed premises in accordance with the distances specified in the rules adopted by the fire marshal pursuant to section 3743.05 of the Revised Code.
(e) Neither the licensee nor any person holding, owning, or controlling a five per cent or greater beneficial or equity interest in the licensee has been convicted of or pleaded guilty to a felony under the laws of this state, any other state, or the United States, after the effective date of this amendment.
(f) The fire marshal approves the application for expansion.
(2) The fire marshal shall approve an application for expansion requested under division (I)(1) of this section if the fire marshal receives the application fee and proof that the requirements of divisions (I)(1)(b) to (e) of this section are satisfied. The storage location shall be considered part of the original licensed premises and shall use the same distinct number assigned to the original licensed premises with any additional designations as the fire marshal deems necessary in accordance with section 3743.03 of the Revised Code.
(J)(1) A licensee who obtains approval for the use of a storage location in accordance with division (I) of this section shall use the storage location exclusively for the following activities, in accordance with division (C) of this section:
(a) The packaging, assembling, or storing of fireworks, which shall only occur in buildings, structures, or trailers approved for such hazardous uses by the building code official having jurisdiction for the storage location and shall be in accordance with the rules adopted by the fire marshal under division (G) of section 3743.05 of the Revised Code for the packaging, assembling, and storage of fireworks.
(b) Distributing fireworks to other parcels of real estate located on the manufacturer's licensed premises, to licensed wholesalers or other licensed manufacturers in this state or to similarly licensed persons located in another state or country;
(c) Distributing fireworks to a licensed exhibitor of fireworks pursuant to a properly issued permit in accordance with section 3743.54 of the Revised Code.
(2) A licensed manufacturer shall not engage in any sales activity, including the retail sale of fireworks otherwise permitted under division (C)(2) or (C)(3) of this section, or pursuant to section 3743.44 or 3743.45 of the Revised Code, at the storage location approved under this section.
(K) The licensee shall prohibit public access to the storage location. The fire marshal shall adopt rules to describe the acceptable measures a manufacturer shall use to prohibit access to the storage site.
Sec. 3743.05. The fire marshal shall adopt rules
in
accordance with Chapter 119. of the Revised Code governing
the
classification
of fireworks
that are consistent with the
classification of fireworks
by the United States department of
transportation as set
forth in Title 49, Code of Federal
Regulations, and the manufacture of fireworks and the storage of
manufactured fireworks by licensed manufacturers of fireworks.
The
rules shall be designed to promote the safety and security of
employees of manufacturers, members of the public, and the
fireworks plant.
The rules shall be consistent with sections 3743.02 to
3743.08 of the Revised Code, shall be
substantially
equivalent to
the most recent versions of chapters 1123, 1124, and
1126 of the
most recent
national fire protection association
standards, and
shall apply
to, but not be limited to, the
following subject
matters:
(A) A classification of fireworks by
number and letter
designation, including, specifically, a
1.4G
designation
of
fireworks. The classes of fireworks established by the fire
marshal shall be substantially equivalent to those defined by the
United
States department of transportation by regulation, except
that, if the
fire marshal determines that a type of fireworks
designated as
common fireworks by the United States department of
transportation meets the criteria of any class of fireworks,
other
than
1.4G fireworks, as adopted by the fire
marshal
pursuant to
this section, the fire marshal may include the type
of
fireworks
in the other class instead of
1.4G.
(B) Appropriate standards for the manufacturing of types
of
fireworks
that are consistent with standards adopted by the
United
States department of transportation and the
consumer product
safety commission, including, but not limited to,
the following:
(1) Permissible amounts of pyrotechnic or explosive
composition;
(2) Interior and exterior dimensions;
(3) Structural specifications.
(C) Cleanliness and orderliness in, the heating, lighting,
and use of stoves and flame-producing items in, smoking in, the
prevention of fire and explosion in, the availability of fire
extinguishers or other fire-fighting equipment and their use in,
and emergency procedures relative to the buildings and other
structures located on the premises of a fireworks plant.
(D) Appropriate uniforms to be worn by employees of
manufacturers in the course of the manufacturing, handling, and
storing of fireworks, and the use of protective clothing and
equipment by the employees.
(E) The manner in which fireworks are to be packed,
packaged, and stored.
(F) Required distances between buildings or structures used in the manufacturing, storage, or sale of fireworks and occupied residential and nonresidential buildings or structures, railroads, highways, or any additional buildings or structures located on the licensed premises. The rules adopted pursuant to this division do not apply to factory buildings in fireworks plants that were erected on or before May 30, 1986, and that were legally being used for fireworks activities under authority of a valid license issued by the fire marshal as of December 1, 1990, pursuant to sections 3743.03 and 3743.04 of the Revised Code.
(G) Requirements for the operation of storage locations, including packaging, assembling, and storage of fireworks.
Sec. 3743.06. In addition to conforming to the rules of
the
fire marshal adopted pursuant to section 3743.05 of the
Revised
Code, licensed manufacturers of fireworks shall operate
their
fireworks plants in accordance with the following:
(A) Signs indicating that smoking is generally forbidden
and
trespassing is prohibited on the premises of a fireworks
plant
shall be posted on the premises in a manner determined by
the fire
marshal.
(B) Reasonable precautions shall be taken to protect the
premises of a fireworks plant from trespass, loss, theft, or
destruction. Only persons employed by the manufacturer,
authorized governmental personnel, and persons who have obtained
permission from a member of the manufacturer's office to be on
the
premises, are to be allowed to enter and remain on the
premises.
(C) Smoking or the carrying of
pipes, cigarettes,
or
cigars, matches, lighters, other flame-producing items, or
open
flame on,
or the carrying of a concealed source of ignition
into,
the premises of a fireworks plant is prohibited,
except that a
manufacturer may permit smoking in specified
lunchrooms or
restrooms in buildings or other structures in which
no
manufacturing, handling,
sales, or storage of fireworks
takes
place. "NO SMOKING" signs shall be posted
on the premises as
required by the fire marshal.
(D) Fire and explosion prevention and other reasonable
safety measures and precautions shall be implemented by a
manufacturer.
(E) Persons shall not be permitted to have in their
possession or under their control, while they are on the premises
of the fireworks plant, any intoxicating liquor, beer, or
controlled substance, and they shall not be permitted to enter or
remain on the premises if they are found to be under the
influence
of any intoxicating liquor, beer, or controlled
substance.
(F) A manufacturer shall conform to all building, safety,
and zoning statutes, ordinances, rules, or other enactments that
apply to the premises of its fireworks plant.
(G) No building used in the manufacture, storage, or sale
of
fireworks shall be situated nearer than one thousand feet to
any
structure that is not located on the property of and that
does not
belong to the licensed fireworks manufacturer, or nearer
than
three hundred feet to any highway or railroad, or nearer
than one
hundred feet to any building used for the storage of
explosives or
fireworks, or nearer than fifty feet to any factory
building.
This
division does not apply to factory buildings in
fireworks
plants
that were erected on or before May 30, 1986, and
that were
legally
being used for fireworks activities under
authority of a
valid
license issued by the fire marshal as of
December 1, 1990,
pursuant to sections 3743.03 and 3743.04 of the
Revised Code.
(H) Each fireworks plant shall have at least one class 1
magazine that is approved by the bureau of alcohol, tobacco, and
firearms of the United States department of the treasury and that
is otherwise in conformity with federal law. This division does
not apply to fireworks plants existing on or before August 3,
1931.
(I)(H)
Awnings, tents, and canopies shall not be used as
facilities
for the sale or storage of fireworks.
This division
does not prohibit the
use of an awning or
canopy attached to a
public access showroom for storing
nonflammable shopping
convenience items such as shopping carts
or baskets or providing a
shaded area for patrons waiting to
enter the public sales area.
(J)(I) Fireworks may be
stored in trailers if the trailers are
properly enclosed, secured, and
grounded and are
separated from
any structure to which the public is admitted
by a distance that
will, in the fire marshal's judgment, allow fire-fighting
equipment to have full access to the structures
on the licensed
premises.
Such
trailers may be moved into closer proximity to any
structure only to
accept or discharge cargo for a period not to
exceed forty-eight hours. Only
two such trailers may be placed in
such closer proximity at any one time.
At no time may trailers be
used for conducting sales of any class of
fireworks, nor may
members of the public have access to the trailers.
Storage areas for fireworks that are in the same building
where fireworks
are
displayed and sold to the public shall be
separated from the areas to which
the public has access by an
appropriately rated fire wall.
(K)(J) A fire suppression system as defined in section 3781.108
of the Revised Code
may be turned off only for repair, drainage of
the system to prevent damage by
freezing during the period of
time, approved by the fire marshal, that the
facility is closed to
all public access during winter months, or maintenance
of
the
system. If any repair or maintenance is necessary during times
when
the facility is open for public access and business as
approved by the
fire marshal, the licensed manufacturer shall
notify in
advance the appropriate insurance company and fire chief
or fire prevention
officer regarding the nature of the maintenance
or repair and the time when it
will be performed.
(L)(K) If any fireworks item is removed from its
original
package or is manufactured with any fuse other than a safety fuse
approved by the consumer product safety commission, then the
item
shall be covered completely by repackaging or bagging or it shall
otherwise be covered so as to prevent ignition prior to sale.
(M)(L) A safety officer
shall be present during regular
business
hours at a building
open to the public during the period
commencing fourteen days
before, and ending two days after, each
fourth day of
July. The officer
shall be highly visible, enforce
this chapter and any applicable
building codes to the extent the
officer is authorized by law,
and be one of the following:
(2) A law enforcement officer of a municipal corporation,
township, or township or joint township police district;
(3) A private uniformed security guard registered under
section 4749.06 of the Revised
Code.
(N)(M) All doors of all
buildings on the licensed premises
shall
swing outward.
(O)(N) All wholesale and
commercial sales of fireworks shall be
packaged, shipped,
placarded, and transported in accordance with
United
States department of
transportation regulations applicable
to the transportation, and
the offering for transportation, of
hazardous materials. For
purposes of this division, "wholesale
and commercial sales"
includes all sales for resale and any
nonretail sale made in
furtherance of a commercial enterprise.
For
purposes of
enforcement of these regulations under section
4905.83
of the
Revised
Code, any sales transaction
exceeding one
thousand
pounds shall be rebuttably presumed to be
a wholesale or
commercial sale.
Sec. 3743.15. (A) Except as provided in division (C) of
this section, any person who wishes to be a wholesaler of
fireworks in this state shall submit to the fire marshal an
application for licensure as a wholesaler of fireworks before the
first day of
October of each year. The
application shall
be
submitted prior to commencement of business operations, shall
be
on a form prescribed by the fire marshal, shall contain all
information requested by the fire marshal, and shall be
accompanied by the license fee,
fingerprints, and
proof of
insurance coverage
described
in division (B) of this section.
The fire marshal shall prescribe a form for applications
for
licensure as a wholesaler of fireworks and make a copy of the
form
available, upon request, to persons who seek that licensure.
(B) An applicant for licensure as a wholesaler of
fireworks
shall submit with the application
all of the
following:
(1) A license fee of
two thousand
seven
hundred
fifty
dollars,
which the fire marshal shall use to
pay for
fireworks
safety education, training programs, and inspections;. If the applicant has any storage locations approved in accordance with division (G) of section 3743.17 of the Revised Code, the applicant also shall submit a fee of one hundred dollars per storage location for the inspection of each storage location.
(2)
Proof of comprehensive
general liability
insurance
coverage, specifically including fire and smoke
casualty
on
premises, in an amount not less than one million dollars for
each
occurrence for bodily injury liability and wrongful death
liability at its
business location. Proof of such insurance
coverage shall be submitted
together with proof of coverage for
products liability on all inventory
located at the business
location. All applicants shall submit
evidence of comprehensive
general liability insurance coverage verified by the
insurer and
certified as to its provision of the minimum coverage required
under this division.
(3) One complete set of the applicant's fingerprints and
a
complete set of fingerprints of any individual holding,
owning, or
controlling a five per cent or greater beneficial or
equity
interest in the applicant for the license.
(C) A licensed manufacturer of fireworks is not required
to
apply for and obtain a wholesaler of fireworks license in
order to
engage in the wholesale sale of fireworks as authorized
by
division (C)(2) of section 3743.04 of the Revised Code. A
business which is not a licensed manufacturer of fireworks may
engage in the wholesale and retail sale of fireworks in the same
manner as a licensed manufacturer of fireworks is authorized to
do
under this chapter without the necessity of applying for and
obtaining a license pursuant to this section, but only if the
business sells the fireworks on the premises of a fireworks plant
covered by a license issued under section 3743.03 of the Revised
Code and the holder of that license owns at least a majority
interest in that business. However, if a licensed manufacturer
of
fireworks wishes to engage in the wholesale sale of fireworks
in
this state at a location other than the premises of the
fireworks
plant described in its application for licensure as a
manufacturer
or in a notification submitted under division (B) of
section
3743.04 of the Revised Code, the manufacturer shall first
apply
for and obtain a wholesaler of fireworks license before
engaging
in wholesale sales of fireworks at the other location.
(D) A separate application for licensure as a wholesaler
of
fireworks shall be submitted for each location at which a
person
wishes to engage in wholesale sales of fireworks.
Sec. 3743.17. (A) The license of a wholesaler of
fireworks
is effective for one year beginning on the first day of
December.
The fire marshal shall issue
or renew a license only on that
date
and at no other time. If a wholesaler of fireworks wishes
to
continue engaging in the wholesale sale of fireworks at the
particular location after its then effective license expires, it
shall apply
not later than the first day of October for a new
license pursuant to section 3743.15 of the
Revised Code. The fire
marshal shall send a written notice of
the expiration of its
license to a licensed wholesaler at least
three months before
the
expiration date.
(B) If, during the effective period of its licensure, a
licensed wholesaler of fireworks wishes to perform any
construction, or make any structural change or renovation, on the
premises on which the fireworks are sold, the wholesaler shall
notify the fire marshal in writing. The fire marshal may require
a licensed wholesaler also to submit documentation, including,
but
not limited to, plans covering the proposed construction or
structural change or renovation, if the fire marshal determines
the documentation is necessary for evaluation purposes in light
of
the proposed construction or structural change or renovation.
Upon receipt of the notification and additional
documentation
required by the fire marshal, the fire marshal
shall inspect the
premises on which the fireworks are sold to
determine if the
proposed construction or structural change or
renovation conforms
to sections 3743.15 to 3743.21 of the Revised
Code and the rules
adopted by the fire marshal pursuant to
section 3743.18 of the
Revised Code. The fire marshal shall
issue a written
authorization to the wholesaler for the
construction or structural
change or renovation if
the fire
marshal determines, upon the
inspection and a review of submitted
documentation, that the
construction or structural change or renovation
conforms to those
sections and rules.
(C) The license of a wholesaler of fireworks authorizes
the
wholesaler to engage only in the following activities:
(1) Possess for sale at wholesale and sell at wholesale
fireworks to persons who are licensed wholesalers of fireworks,
to
out-of-state residents in accordance with section 3743.44 of
the
Revised Code, to residents of this state in accordance with
section 3743.45 of the Revised Code, or to persons located in
another state provided the fireworks are shipped directly out of
this state to them by the wholesaler. The possession for sale
shall be at the location described in the application for
licensure or in the notification submitted under division (B) of
this section, and the sale shall be from
the inside
of
a licensed
building and from no structure or device outside a
licensed
building. At no time shall a licensed wholesaler sell
any class
of fireworks
outside a licensed building.
(2) Possess for sale at retail and sell at retail
fireworks,
other than
1.4G fireworks
as designated by the fire
marshal in
rules adopted pursuant to division (A) of
section
3743.05 of the
Revised Code, to licensed exhibitors in accordance
with sections
3743.50 to 3743.55 of the Revised Code, and possess
for sale at
retail and sell at retail fireworks, including
1.4G fireworks, to
out-of-state residents in accordance
with
section 3743.44 of the
Revised Code, to residents of this
state
in accordance with
section 3743.45 of the Revised Code, or
to
persons located in
another state provided the fireworks are
shipped directly out of
this state to them by the wholesaler.
The
possession for sale
shall be at the location described in the
application for
licensure or in the notification submitted under
division (B) of
this section, and the sale shall be from
the inside of the
licensed building and from no other
structure or device outside
this licensed building. At no time
shall a
licensed wholesaler
sell any class of fireworks outside a
licensed building.
A licensed wholesaler of fireworks shall sell
under division
(C) of this section only fireworks that meet the standards set by
the consumer product safety commission or by the American
fireworks
standard laboratories or that have received an EX number
from the
United States department of transportation.
(D)(1) The license of a wholesaler of fireworks shall be
protected under glass and posted in a conspicuous place at the
location described in the application for licensure or in the
notification submitted under division (B) of this section.
Except
as otherwise provided in this division section, the license is not
transferable or assignable. A license may be transferred to
another person for the same location for which the license was
issued if the assets of the wholesaler are transferred to that
person by inheritance or by a sale approved by the fire marshal.
The license is subject to revocation in accordance with section
3743.21 of the Revised Code.
(2)(E) The fire marshal shall adopt rules for the expansion or contraction of a licensed premises and for the approval of an expansion or contraction. The boundaries of a licensed premises, including any geographic expansion or contraction of those boundaries, shall be approved by the fire marshal in accordance with rules the fire marshal adopts. If the licensed premises of a licensed wholesaler from which the wholesaler operates consists of more than one parcel of real estate, those parcels must be contiguous, unless an exception is allowed pursuant to division (G) of this section.
(F)(1)
Upon application by a licensed wholesaler of fireworks, a
wholesaler
license may be transferred from one geographic location
to another within the
same municipal corporation or within the
unincorporated area of the same
township, but only if all of the
following apply:
(a) The identity of the holder of the license remains the
same in
the
new location.
(b) The former location is closed prior to the opening of
the
new
location and no fireworks business of any kind is
conducted at
the former
location after the transfer of the
license.
(c) The new location has received a local certificate of
zoning
compliance and a local certificate of occupancy, and
otherwise is in
compliance
with all local building regulations.
(d) The transfer of the license is requested by the licensee
because the
existing facility poses an immediate hazard to the
public.
(e) Any Every building or structure at the new location is situated no closer
than
one
thousand feet to any property line or structure that does
not belong to the
licensee requesting the transfer, no closer than
three hundred feet to any
highway or railroad, no closer than one
hundred feet to any building used for
the storage of explosives or
fireworks by the licensee, no closer than fifty
feet to any
factory building owned or used by the licensee, and no closer than
two thousand feet to any building used for the sale, storage, or
manufacturing
of fireworks that does not belong to the licensee separated from occupied residential and nonresidential buildings or structures, railroads, highways, or any other buildings or structures located on the licensed premises in accordance with the distances specified in the rules adopted by the fire marshal pursuant to section 3743.18 of the Revised Code.
If the licensee fails to
comply with the requirements of division
(D)(2)(e)(F)(1)(e) of this section by the licensee's own
act, the license
at the new location is
forfeited.
(f) Neither the licensee nor any person holding, owning, or
controlling
a five per cent or greater beneficial or equity
interest in the licensee has
been convicted of or has pleaded
guilty to a felony under the laws of this
state, any other state,
or the United
States after
the effective date of this amendment
June 30, 1997.
(g) The fire marshal approves the request for the transfer.
(2) The new location shall
comply with the requirements specified
in
divisions (A)(1) and (2) of section 3743.25 of
the Revised
Code
whether or not the fireworks showroom at
the new location is
constructed, expanded, or first begins operating on and
after
the
effective date of this amendment
June 30, 1997.
(E)(G)(1) A licensed wholesaler may expand its licensed premises within this state to include not more than two storage locations that are located upon one or more real estate parcels that are noncontiguous to the licensed premises as that licensed premises exists on the date a licensee submits an application as described below, if all of the following apply:
(a) The licensee submits an application to the fire marshal requesting the expansion and an application fee of one hundred dollars per storage location for which the licensee is requesting approval.
(b) The identity of the holder of the license remains the same at the storage location.
(c) The storage location has received a valid certificate of zoning compliance, as applicable, and a valid certificate of occupancy for each building or structure at the storage location issued by the authority having jurisdiction to issue the certificate for the storage location, and those certificates permit the distribution and storage of fireworks regulated under this chapter at the storage location and in the buildings or structures. The storage location shall be in compliance with all other applicable federal, state, and local laws and regulations.
(d) Every building or structure located upon the storage location is separated from occupied residential and nonresidential buildings or structures, railroads, highways, and any other buildings or structures on the licensed premises in accordance with the distances specified in the rules adopted by the fire marshal pursuant to section 3743.18 of the Revised Code.
(e) Neither the licensee nor any person holding, owning, or controlling a five per cent or greater beneficial or equity interest in the licensee has been convicted of or pleaded guilty to a felony under the laws of this state, any other state, or the United States, after the effective date of this amendment.
(f) The fire marshal approves the application for expansion.
(2) The fire marshal shall approve an application for expansion requested under division (G)(1) of this section if the fire marshal receives the application fee and proof that the requirements of divisions (G)(1)(b) to (e) of this section are satisfied. The storage location shall be considered part of the original licensed premises and shall use the same distinct number assigned to the original licensed premises with any additional designations as the fire marshal deems necessary in accordance with section 3743.16 of the Revised Code.
(H)(1) A licensee who obtains approval for use of a storage location in accordance with division (G) of this section shall use the site exclusively for the following activities, in accordance with division (C)(1) of this section:
(a) Packaging, assembling, or storing fireworks, which shall occur only in buildings approved for such hazardous uses by the building code official having jurisdiction for the storage location and shall be in accordance with the rules adopted by the fire marshal under division (B)(4) of section 3743.18 of the Revised Code for the packaging, assembling, and storage of fireworks.
(b) Distributing fireworks to other parcels of real estate located on the wholesaler's licensed premises, to licensed manufacturers or other licensed wholesalers in this state or to similarly licensed persons located in another state or country;
(c) Distributing fireworks to a licensed exhibitor of fireworks pursuant to a properly issued permit in accordance with section 3743.54 of the Revised Code.
(2) A licensed wholesaler shall not engage in any sales activity, including the retail sale of fireworks otherwise permitted under division (C)(2) of this section or pursuant to section 3743.44 or 3743.45 of the Revised Code, at a storage location approved under this section.
(I) A licensee shall prohibit public access to all storage locations it uses. The fire marshal shall adopt rules establishing acceptable measures a wholesaler shall use to prohibit access to storage sites.
(J) The fire marshal shall not place the license of a
wholesaler
of fireworks in temporarily inactive status while the
holder of the license is
attempting to
qualify to retain the
license.
(F)(K) Each licensed wholesaler of fireworks or a designee of
the
wholesaler, whose identity is provided to the fire marshal by
the wholesaler,
annually shall attend a continuing education
program consisting of not less
than eight hours of instruction.
The fire marshal shall develop the program
and the fire marshal or
a person or public agency approved by the fire marshal
shall
conduct it. A licensed wholesaler or the wholesaler's designee
who
attends a program as required under this division, within one
year after
attending the program, shall conduct
in-service
training for other employees of the licensed wholesaler regarding
the
information obtained in the program. A licensed wholesaler
shall provide the
fire
marshal with notice of the date, time, and
place of all in-service training
not
less than thirty days prior
to an in-service training
event.
(G)(L) A licensed
wholesaler shall maintain comprehensive
general liability
insurance coverage in the amount and type
specified under
division (B)(2) of section
3743.15 of the Revised
Code at all times. Each policy
of insurance required under this
division shall contain a
provision requiring the insurer to give
not less than fifteen
days' prior written notice to the fire
marshal before
termination, lapse, or cancellation of the policy,
or any change
in the policy that reduces the coverage below the
minimum
required under this division. Prior to canceling or
reducing
the amount of coverage of any comprehensive general
liability
insurance coverage required under this division, a
licensed
wholesaler shall secure supplemental insurance in an
amount and
type that satisfies the requirements of this division
so that no
lapse in coverage occurs at any time. A licensed
wholesaler who
secures supplemental insurance shall file evidence
of the
supplemental insurance with the fire marshal prior to
canceling
or reducing the amount of coverage of any comprehensive
general
liability insurance coverage required under this
division.
Sec. 3743.18. (A) The fire marshal shall adopt rules pursuant
to
Chapter 119. of the Revised Code governing the storage of
fireworks by and the business operations of licensed wholesalers
of fireworks. These rules shall be designed to promote the
safety
and security of employees of wholesalers, members of the
public,
and the premises upon which fireworks are sold.
(B) The rules shall be consistent with sections 3743.15 to
3743.21 of the Revised Code, shall be
substantially
equivalent to
the most recent
versions of chapters 1123,
1124, and
1126 of the
most recent national fire protection association
standards, and
shall apply to, but not be limited to, the
following subject
matters:
(A)(1) Cleanliness and orderliness in, the heating, lighting,
and use of stoves and flame-producing items in, smoking in, the
prevention of fire and explosion in, the availability of fire
extinguishers or other fire-fighting equipment and their use in,
and emergency procedures relative to the buildings and other
structures on a wholesaler's premises.;
(B)(2) Appropriate uniforms to be worn by employees of
wholesalers in the course of handling and storing of fireworks,
and the use of protective clothing and equipment by the
employees.;
(C)(3) The manner in which fireworks are to be stored;
(4) Required distances between buildings or structures used in the manufacturing, storage, or sale of fireworks and occupied residential and nonresidential buildings or structures, railroads, highways, or any additional buildings or structures on a licensed premises.
(5) Requirements for the operation of storage locations, including packaging, assembling, and storage of fireworks.
(C) Rules adopted pursuant to division (B)(4) of this section do not apply to buildings that were erected on or before May 30, 1986, and that were legally being used for fireworks activities under authority of a valid license issued by the fire marshal as of December 1, 1990, pursuant to sections 3743.16 and 3743.17 of the Revised Code.
Sec. 3743.19. In addition to conforming to the rules of
the
fire marshal adopted pursuant to section 3743.18 of the
Revised
Code, licensed wholesalers of fireworks shall conduct
their
business operations in accordance with the following:
(A) A wholesaler shall conduct its business operations
from
the location described in its application for licensure or
in a
notification submitted under division (B) of section 3743.17
of
the Revised Code.
(B) Signs indicating that smoking is generally forbidden
and
trespassing is prohibited on the premises of a wholesaler
shall be
posted on the premises as determined by the fire
marshal.
(C) Reasonable precautions shall be taken to protect the
premises of a wholesaler from trespass, loss, theft, or
destruction.
(D) Smoking or the carrying of
pipes, cigarettes,
or
cigars, matches, lighters, other flame-producing items, or
open
flame on,
or the carrying of a concealed source of ignition
into,
the premises of a wholesaler is prohibited, except that a
wholesaler may permit smoking in specified lunchrooms or
restrooms
in buildings or other structures in which no
sales,
handling, or
storage of fireworks takes place. "NO SMOKING"
signs shall be
posted on the premises as required by the fire marshal.
(E) Fire and explosion prevention and other reasonable
safety measures and precautions shall be implemented by a
wholesaler.
(F) Persons shall not be permitted to have in their
possession or under their control, while they are on the premises
of a wholesaler, any intoxicating liquor, beer, or controlled
substance, and they shall not be permitted to enter or remain on
the premises if they are found to be under the influence of any
intoxicating liquor, beer, or controlled substance.
(G) A wholesaler shall conform to all building, safety,
and
zoning statutes, ordinances, rules, or other enactments that
apply
to its premises.
(H) No building used in the storage or sale of fireworks
shall be situated nearer than one thousand feet to any structure
that is not located on the property of and that does not belong
to
the licensed fireworks wholesaler, nearer than three hundred
feet
to any highway or railroad, or nearer than one hundred feet
to any
building used for the storage of explosives or fireworks.
This
division does not apply to buildings that were erected on or
before May 30, 1986, and that were legally being used for
fireworks activities under authority of a valid license issued by
the fire marshal as of December 1, 1990, pursuant to sections
3743.16 and 3743.17 of the Revised Code.
(I) Each building used in the
sale of fireworks
shall be
kept open to the public for at least four hours each day
between
the hours of eight a.m. and five p.m., five days of each
week,
every week of the year. Upon application from a licensed
wholesaler, the fire marshal may waive any of the requirements of
this division.
(J)(I)
Awnings, tents, or canopies shall not be used as
facilities
for the storage or sale of fireworks. This division
does not prohibit the use
of an awning or
canopy attached to a
public access showroom for storing
nonflammable shopping
convenience items such as shopping carts
or baskets or providing a
shaded area for patrons waiting to
enter the public sales area.
(K)(J) Fireworks may be
stored in trailers if the trailers are
properly enclosed, secured, and
grounded and are
separated from
any structure to which the public is admitted
by a distance that
will, in the fire marshal's judgment, allow fire-fighting
equipment to have full access to the structures
on the licensed
premises. Such
trailers may be moved into closer proximity to any
structure only to
accept or discharge cargo for a period not to
exceed forty-eight hours. Only
two such trailers may be placed in
such closer proximity at any one time.
At no time may trailers be
used for conducting sales of any class of
fireworks nor may
members of the public have access to the trailers.
Storage areas for fireworks that are in the same building
where fireworks
are
displayed and sold to the public shall be
separated from the areas to which
the public has access by an
appropriately rated fire wall.
(L)(K) A fire suppression system as defined in section
3781.108
of the Revised Code
may be turned off only for repair,
drainage of
the system to prevent damage by
freezing during the
period of
time, approved by the fire marshal under
division (I) of
this
section, that the facility is closed to public
access during
winter months, or maintenance of the system. If any
repair or
maintenance is necessary during times when the facility is open
for
public access and business, the licensed
wholesaler shall
notify in advance the appropriate insurance company and fire
chief
or fire prevention officer regarding the nature of the maintenance
or
repair and the time when it will be performed.
(M)(L) If any fireworks item is removed from its
original
package or is manufactured with any fuse other than a fuse
approved
by the consumer product safety commission, then the
item
shall be covered completely by repackaging or bagging or it shall
otherwise be covered so as to prevent ignition prior to sale.
(N)(M) A safety officer
shall be present during regular
business
hours at a building
open to the public during the period
commencing fourteen days
before,
and ending two days after, each
fourth day of
July. The officer
shall be highly visible, enforce
this chapter and any applicable
building codes to the extent the
officer is authorized by law,
and be one of the following:
(2) A law enforcement officer of a municipal corporation,
township, or township or joint township police district;
(3) A private uniformed security guard registered under
section 4749.06 of the Revised
Code.
(O)(N) All doors of all
buildings on the licensed premises
shall
swing outward.
(P)(O) All wholesale and
commercial sales of fireworks shall
be
packaged, shipped,
placarded, and transported in accordance
with
United
States department of
transportation regulations
applicable
to the transportation, and
the offering for
transportation, of
hazardous materials. For
purposes of this
division, "wholesale
and commercial sales"
includes all sales for
resale and any
nonretail sale made in
furtherance of a commercial
enterprise.
For
purposes of
enforcement of these regulations under
section
4905.83
of the
Revised
Code, any sales transaction
exceeding one
thousand
pounds shall be rebuttably presumed to be
a
wholesale or
commercial sale.
Sec. 3743.57. (A) All fees collected by the fire marshal
for licenses or permits issued pursuant to this chapter shall be
deposited into the state fire marshal's fund, and interest earned
on the amounts in the fund shall be credited by the treasurer of
state to the fund.
(B) There is hereby established in the state treasury the
fire marshal's fireworks training and education fund. The fire
marshal shall deposit all assessments paid under this division
into the state treasury to the credit of the
fund. Each
fireworks
manufacturer and fireworks wholesaler licensed under
this chapter
shall pay assessments to the fire marshal for deposit
into the
fund as required by this division.
The fire marshal shall impose an initial assessment upon
each
licensed fireworks manufacturer and wholesaler in order to
establish a fund balance of
fifteen thousand dollars. The
fund
balance shall at no time exceed
fifteen thousand dollars,
and the
fire
marshal shall impose no further assessments unless
the fund
balance is reduced to five thousand dollars or less. If
the fund
balance is reduced to five thousand dollars or less, the
fire
marshal shall impose an additional assessment upon each
licensed
fireworks manufacturer and wholesaler in order to
increase the
fund balance to
fifteen thousand dollars. The
fire marshal shall
determine the amount of the initial assessment
on each
manufacturer or wholesaler and each additional assessment
by
dividing the total amount needed to be paid into the fund by
the
total number of fireworks manufacturers and wholesalers
licensed
under this chapter. If a licensed fireworks manufacturer
or
wholesaler fails to pay an assessment required by this division
within thirty days after receiving notice of the assessment, the
fire marshal, in accordance with Chapter 119. of the Revised
Code,
may refuse to issue, or may revoke, the appropriate
license.
The fire marshal shall in
the fire marshal's discretion
use
amounts in the state fire marshal's
fund for
fireworks training and education
purposes, including, but
not
limited to, the creation of
educational and training programs,
attendance by the fire marshal
and
the fire marshal's
employees at conferences
and seminars,
the payment of travel
and meal expenses
associated with such
attendance,
participation by the fire
marshal and
the fire
marshal's
employees in committee
meetings and other
meetings
related to
pyrotechnic codes, and the payment of travel
and meal
expenses
associated with such participation. The use of
the fund
shall
comply with rules of the department of commerce,
policies
and
procedures established by the director of budget and
management,
and all other applicable laws.
Sec. 3743.59.
(A) Upon application by an affected party,
the
fire marshal may grant variances from the requirements
of
this chapter or from the requirements of rules adopted pursuant
to
this chapter if
the fire marshal determines that a literal
enforcement of
the requirement will result in unnecessary hardship practical difficulty in complying with the requirements of this chapter or the rules adopted pursuant to this chapter
and that the
variance will not be contrary to the public health,
safety, or
welfare. A variance shall not be granted to a person
who is
initially licensed as a manufacturer or wholesaler of
fireworks
after
June
14,
1988.
(B) The fire marshal may
authorize a variance from the
prohibitions in this chapter
against the possession and use of
pyrotechnic compounds to a
person who submits proof that the
person is certified and in
good standing with the Ohio
state board
of education, provided that the pyrotechnic
compounds are used for
educational purposes only, or are used
only at an authorized
educational function approved by the
governing board that
exercises authority over the educational
function.
(C) The fire marshal may
authorize a variance from the
prohibitions in this chapter
against the possession and use of
pyrotechnic compounds to a
person who possesses and uses the
pyrotechnic compounds for
personal and noncommercial purposes as a
hobby. The fire
marshal may rescind a variance authorized under
this division at
any time, exclusively at the fire marshal's
discretion.
Sec. 3743.65. (A) No person shall possess fireworks in
this
state or shall possess for sale or sell fireworks in this
state,
except a licensed manufacturer of fireworks as authorized
by
sections 3743.02 to 3743.08 of the Revised Code, a licensed
wholesaler of fireworks as authorized by sections 3743.15 to
3743.21 of the Revised Code,
a shipping permit holder as
authorized by
section 3743.40 of the Revised Code, an out-of-state
resident as
authorized by section 3743.44 of the Revised Code, a
resident of
this state as authorized by section 3743.45 of the
Revised Code,
or a licensed exhibitor of fireworks as authorized
by sections
3743.50 to 3743.55 of the Revised Code, and except as
provided in
section 3743.80 of the Revised Code.
(B) Except as provided in section 3743.80 of the
Revised
Code and except for licensed exhibitors of fireworks authorized
to
conduct a fireworks exhibition pursuant to sections 3743.50 to
3743.55 of the Revised Code, no person shall discharge, ignite,
or
explode any fireworks in this state.
(C) No person shall use in a theater or public hall, what
is
technically known as fireworks showers, or a mixture
containing
potassium chlorate and sulphur.
(D) No person shall sell fireworks of any kind to a person
under eighteen years of age.
(E) No person shall advertise
1.4G fireworks for
sale.
A
sign located on a seller's premises identifying the seller
as a
seller of fireworks is not the advertising of fireworks for
sale.
(F) No person, other than a licensed manufacturer,
licensed
wholesaler, licensed exhibitor, or shipping permit
holder, shall
possess
1.3G fireworks in this state.
(G)
Except as otherwise provided in division (K)(J) of
section
3743.06
and division (L)(K) of section 3743.19 of the Revised Code,
no person shall knowingly
disable a fire suppression system as
defined in section 3781.108 of the Revised Code on the
premises of
a fireworks plant of a licensed manufacturer of fireworks or on
the premises of the business operations of a licensed wholesaler
of fireworks.
Sec. 3743.75. (A) During the period beginning on
June 29, 2001, and ending on December 15, 2008,
the state fire marshal shall not do any of the following:
(1) Issue a license as a manufacturer of fireworks under
sections 3743.02 and 3743.03 of the Revised Code to a person for a
particular fireworks plant unless that person possessed such a
license for that fireworks plant immediately prior to
June 29, 2001;
(2) Issue a license as a wholesaler of fireworks under
sections 3743.15 and 3743.16 of the Revised Code to a person for a
particular location unless that person possessed such a license
for that location immediately prior to
June 29, 2001;
(3) Except as provided in division (B) of this section,
approve the geographic transfer of a license as a manufacturer or wholesaler
of fireworks issued under this chapter to any location other than
a location for which a license was issued under this chapter
immediately prior to
June 29,
2001.
(B) Division (A)(3) of this section does not apply to a
transfer that the state fire marshal approves under division
(D)(2)(F) of section 3743.17 of the Revised Code. Section
(C) Notwithstanding section 3743.59 of
the Revised Code does not apply to this section, the prohibited activities established in divisions (A)(1) and (2) of this section, geographic transfers approved pursuant to division (F) of section 3743.17 of the Revised Code, and storage locations allowed pursuant to division (I) of section 3743.04 of the Revised Code or division (G) of section 3743.17 of the Revised Code are not subject to any variance, waiver, or exclusion.
(D) As used in division (A) of this section:
(1) "Person" includes any person or entity, in whatever form or name, that acquires possession of a manufacturer or wholesaler of fireworks license issued pursuant to this chapter by transfer of possession of a license, whether that transfer occurs by purchase, assignment, inheritance, bequest, stock transfer, or any other type of transfer, on the condition that the transfer is in accordance with division (D) of section 3743.04 of the Revised Code or division (D) of section 3743.17 of the Revised Code and is approved by the fire marshal.
(2) "Particular location" includes a licensed premises and, regardless of when approved, any storage location approved in accordance with section 3743.04 or 3743.17 of the Revised Code.
Sec. 3745.015. There is hereby created in the state treasury the environmental protection fund consisting of money credited to the fund under division (A)(3) of section 3734.57 of the Revised Code. The environmental protection agency shall use money in the fund to pay the agency's costs associated with administering and enforcing, or otherwise conducting activities under, this chapter and Chapters 3704., 3734., 3746., 3747., 3748., 3750., 3751., 3752., 3753., 5709., 6101., 6103., 6105., 6109., 6111., 6112., 6113., 6115., 6117., and 6119. and sections 122.65 and 1521.19 of the Revised Code.
Sec. 3745.11. (A) Applicants for and holders of permits,
licenses, variances, plan approvals, and certifications issued by
the director of environmental protection pursuant to Chapters
3704., 3734., 6109., and 6111. of the Revised Code shall pay a
fee
to the environmental protection agency for each such issuance
and
each application for an issuance as provided by this section.
No
fee shall be charged for any issuance for which no application
has
been submitted to the director.
(B) Each person who is issued a permit to install prior to July 1, 2003, pursuant to rules adopted under division (F) of section 3704.03
of
the Revised Code shall pay the fees specified in the following
schedules:
(1) Fuel-Burning Equipment Fuel-burning equipment (boilers)
Input capacity (maximum) |
|
|
(million British thermal units per hour) |
|
Permit to install |
Greater than 0, but less than 10 |
|
$ 200 |
10 or more, but less than 100 |
|
400 |
100 or more, but less than 300 |
|
800 |
300 or more, but less than 500 |
|
1500 |
500 or more, but less than 1000 |
|
2500 |
1000 or more, but less than 5000 |
|
4000 |
5000 or more |
|
6000 |
Units burning exclusively natural gas, number two fuel oil, or both shall be assessed a fee that is one-half of the applicable amount established in division (F)(1) of this section.
Input capacity (pounds per hour) |
|
Permit to install |
0 to 100 |
|
$ 100 |
101 to 500 |
|
400 |
501 to 2000 |
|
750 |
2001 to 20,000 |
|
1000 |
more than 20,000 |
|
2500 |
Process weight rate (pounds per hour) |
|
Permit to install |
0 to 1000 |
|
$ 200 |
1001 to 5000 |
|
400 |
5001 to 10,000 |
|
600 |
10,001 to 50,000 |
|
800 |
more than 50,000 |
|
1000 |
In any process where process weight rate cannot be
ascertained, the minimum
fee shall be assessed.
(b) Notwithstanding division (B)(3)(a) of this section, any person issued a permit to install pursuant to rules adopted under division (F) of section 3704.03 of the Revised Code shall pay the fees established in division (B)(3)(c) of this section for a process used in any of the following industries, as identified by the applicable four-digit standard industrial classification code according to the Standard Industrial Classification Manual published by the United States office of management and budget in the executive office of the president, 1972, as revised:
1211 Bituminous coal and lignite mining;
1213 Bituminous coal and lignite mining services;
1422 Crushed and broken limestone;
1427 Crushed and broken stone, not elsewhere classified;
1442 Construction sand and gravel;
3281 Cut stone and stone products;
3295 Minerals and earth, ground or otherwise treated.
(c) The fees established in the following schedule apply to the issuance of a permit to install pursuant to rules adopted under division (F) of section 3704.03 of the Revised Code for a process listed in division (B)(3)(b) of this section:
Process weight rate (pounds per hour) |
Permit to install |
0 to 1000 |
$ 200 |
10,001 to 50,000 |
300 |
50,001 to 100,000 |
400 |
100,001 to 200,000 |
500 |
200,001 to 400,000 |
600 |
400,001 or more |
700 |
Gallons (maximum useful capacity) |
|
Permit to install |
0 to 20,000 |
|
$ 100 |
20,001 to 40,000 |
|
150 |
40,001 to 100,000 |
|
200 |
100,001 to 250,000 |
|
250 |
250,001 to 500,000 |
|
350 |
500,001 to 1,000,000 |
|
500 |
1,000,001 or greater |
|
750 |
(5) Gasoline/fuel dispensing facilities
For each gasoline/fuel dispensing |
|
Permit to install |
facility |
|
$ 100 |
(6) Dry cleaning facilities
For each dry cleaning facility |
|
Permit to install |
(includes all units at the facility) |
|
$ 100 |
For each source covered |
|
Permit to install |
by registration status |
|
$ 75 |
(C)(1) Except as otherwise provided in division (C)(2) of
this section, beginning July 1, 1994, each person who owns or
operates an air contaminant source and who is required to apply
for and obtain a Title V permit under section 3704.036 of the
Revised Code shall pay the fees set forth in division (C)(1) of
this section. For the purposes of that division, total emissions
of air contaminants may be calculated using engineering
calculations, emissions factors, material balance calculations,
or
performance testing procedures, as authorized by the director.
The following fees shall be assessed on the total actual
emissions from a source in tons per year of the regulated
pollutants particulate matter, sulfur dioxide, nitrogen oxides,
organic compounds, and lead:
(a) Fifteen dollars per ton on the total actual emissions
of
each such regulated pollutant during the period July through
December 1993, to be collected no sooner than July 1, 1994;
(b) Twenty dollars per ton on the total actual emissions
of
each such regulated pollutant during calendar year 1994, to be
collected no sooner than April 15, 1995;
(c) Twenty-five dollars per ton on the total actual
emissions of each such regulated pollutant in calendar year 1995,
and each subsequent calendar year, to be collected no sooner than
the fifteenth day of April of the year next succeeding the
calendar year in which the emissions occurred.
The fees levied under division (C)(1) of this section do
not
apply to that portion of the emissions of a regulated
pollutant at
a facility that exceed four thousand tons during a
calendar year.
(2) The fees assessed under division (C)(1) of this
section
are for the purpose of providing funding for the Title V
permit
program.
(3) The fees assessed under division (C)(1) of this
section
do not apply to emissions from any electric generating
unit
designated as a Phase I unit under Title IV of the federal
Clean
Air Act prior to calendar year 2000. Those fees shall be
assessed
on the emissions from such a generating unit commencing
in
calendar year 2001 based upon the total actual emissions from
the
generating unit during calendar year 2000
and shall continue to be
assessed each subsequent calendar year based on the total actual
emissions from the generating unit during the preceding calendar
year.
(4) The director shall issue invoices to owners or
operators
of air contaminant sources who are required to pay a
fee assessed
under division (C) or (D) of this section. Any such
invoice shall
be issued no sooner than the applicable date when
the fee first
may be collected in a year under the applicable
division, shall
identify the nature and amount of the fee
assessed, and shall
indicate that the fee is required to be paid
within thirty days
after the issuance of the invoice.
(D)(1) Except as provided in division
(D)(3) of this
section, from January 1, 1994, through December 31, 2003, each person
who owns or
operates an air contaminant source; who is required to apply for
a
permit to operate pursuant to rules adopted under division (G),
or
a variance pursuant to division (H), of section 3704.03 of the
Revised Code; and who is not required to apply for and obtain a
Title V permit under section 3704.036 of the Revised Code shall
pay a single fee based upon the sum of the actual annual
emissions
from the facility of the regulated pollutants
particulate matter,
sulfur dioxide, nitrogen oxides,
organic compounds, and lead in
accordance with the following
schedule:
|
Total tons per year |
|
|
|
|
of regulated pollutants |
|
Annual fee
|
|
|
emitted |
|
per facility |
|
|
More than 0, but less than 50 |
|
$ 75 |
|
|
50 or more, but less than 100 |
|
300 |
|
|
100 or more |
|
700 |
|
(2) Except as provided in division (D)(3) of this section, beginning January 1, 2004, each person who owns or operates an air contaminant source; who is required to apply for a permit to operate pursuant to rules adopted under division (G), or a variance pursuant to division (H), of section 3704.03 of the Revised Code; and who is not required to apply for and obtain a Title V permit under section 3704.03 of the Revised Code shall pay a single fee based upon the sum of the actual annual emissions from the facility of the regulated pollutants particulate matter, sulfur dioxide, nitrogen oxides, organic compounds, and lead in accordance with the following schedule:
|
Total tons per year |
|
|
|
|
of regulated pollutants |
|
Annual fee
|
|
|
emitted |
|
per facility |
|
|
More than 0, but less than 10 |
|
$ 100 |
|
|
10 or more, but less than 50 |
|
200 |
|
|
50 or more, but less than 100 |
|
300 |
|
|
100 or more |
|
700 |
|
(3)(a) As used in division (D) of this section,
"synthetic
minor facility" means a facility for which one or
more permits to
install or permits to operate have been issued for the air
contaminant sources at the facility that include terms and
conditions that lower the facility's potential to emit air
contaminants below the major source thresholds established in
rules adopted under section 3704.036 of the Revised Code.
(b) Beginning January 1, 2000, through June 30,
2006 2008,
each
person who owns or operates a
synthetic minor facility shall
pay
an annual fee based on the sum
of the actual annual emissions
from
the facility of particulate
matter, sulfur dioxide, nitrogen
dioxide, organic compounds, and
lead in accordance with the
following schedule:
|
Combined total tons |
|
|
|
per year of all regulated |
|
Annual fee |
|
pollutants emitted |
|
per facility |
|
Less than 10 |
|
$ 170 |
|
10 or more, but less than 20 |
|
340 |
|
20 or more, but less than 30 |
|
670 |
|
30 or more, but less than 40 |
|
1,010 |
|
40 or more, but less than 50 |
|
1,340 |
|
50 or more, but less than 60 |
|
1,680 |
|
60 or more, but less than 70 |
|
2,010 |
|
70 or more, but less than 80 |
|
2,350 |
|
80 or more, but less than 90 |
|
2,680 |
|
90 or more, but less than 100 |
|
3,020 |
|
100 or more |
|
3,350 |
(4) The fees assessed under division (D)(1)
of this section
shall be collected
annually no sooner than the fifteenth day of
April, commencing in 1995.
The fees assessed under division (D)(2) of this section shall be collected annually no sooner than the fifteenth day of April, commencing in 2005. The fees assessed under division
(D)(3) of this section shall be
collected no sooner than the
fifteenth day of April, commencing
in 2000. The fees assessed
under
division (D) of
this section in a calendar year
shall be
based upon the sum of the
actual emissions of those
regulated
pollutants during the
preceding calendar year. For the purpose of
division (D) of this
section, emissions of air
contaminants may be
calculated using
engineering calculations, emission factors,
material balance
calculations, or performance testing procedures,
as authorized by
the director. The director, by rule, may
require
persons who are
required to pay the fees assessed under
division
(D) of this
section to pay those fees
biennially rather than
annually.
(E)(1) Consistent with the need to cover the reasonable
costs of the Title V permit program, the director annually shall
increase the fees prescribed in division (C)(1) of this section
by
the percentage, if any, by which the consumer price index for
the
most recent calendar year ending before the beginning of a
year
exceeds the consumer price index for calendar year 1989.
Upon
calculating an increase in fees authorized by division (E)(1) of
this
section, the director shall compile revised fee schedules for
the purposes
of division (C)(1) of this section and shall make the
revised schedules
available to persons required to pay the fees
assessed under that division
and to the public.
(2) For the purposes of division (E)(1) of this section:
(a) The consumer price index for any year is the average
of
the consumer price index for all urban consumers published by
the
United States department of labor as of the close of the
twelve-month period ending on the thirty-first day of August of
that year.
(b) If the 1989 consumer price index is revised, the
director shall use the revision of the consumer price index that
is most consistent with that for calendar year 1989.
(F) Each person who is issued a permit to install pursuant
to rules adopted under division (F) of section 3704.03 of the
Revised Code on or after July 1, 2003, shall pay the fees
specified in the following schedules:
(1) Fuel-burning equipment (boilers, furnaces, or process heaters used in the process of burning fuel for the primary purpose of producing heat or power by indirect heat transfer)
Input capacity (maximum) |
|
(million British thermal units per hour) |
Permit to install |
Greater than 0, but less than 10 |
$ 200 |
10 or more, but less than 100 |
400 |
100 or more, but less than 300 |
1000 |
300 or more, but less than 500 |
2250 |
500 or more, but less than 1000 |
3750 |
1000 or more, but less than 5000 |
6000 |
5000 or more |
9000 |
Units burning exclusively natural gas, number two fuel oil,
or both shall be assessed a fee that is one-half the applicable
amount shown in division (F)(1) of this section.
(2) Combustion turbines and stationary internal combustion engines designed to generate electricity
Generating capacity (mega watts) |
Permit to install |
0 or more, but less than 10 |
$ 25 |
10 or more, but less than 25 |
150 |
25 or more, but less than 50 |
300 |
50 or more, but less than 100 |
500 |
100 or more, but less than 250 |
1000 |
250 or more |
2000 |
Input capacity (pounds per hour) |
Permit to install |
0 to 100 |
$ 100 |
101 to 500 |
500 |
501 to 2000 |
1000 |
2001 to 20,000 |
1500 |
more than 20,000 |
3750 |
Process weight rate (pounds per hour) |
Permit to install |
0 to 1000 |
$ 200 |
1001 to 5000 |
500 |
5001 to 10,000 |
750 |
10,001 to 50,000 |
1000 |
more than 50,000 |
1250 |
In any process where process weight rate cannot be
ascertained, the minimum fee shall be assessed. A boiler, furnace, combustion turbine, stationary internal combustion engine, or process heater designed to provide direct heat or power to a process not designed to generate electricity shall be assessed a fee established in division (F)(4)(a) of this section. A combustion turbine or stationary internal combustion engine designed to generate electricity shall be assessed a fee established in division (F)(2) of this section.
(b) Notwithstanding division (F)(3)(4)(a) of this section,
any
person issued a permit to install pursuant to rules adopted
under
division (F) of section 3704.03 of the Revised Code shall
pay the
fees set forth in division (F)(3)(4)(c) of this section for
a process
used in any of the following industries, as identified
by the
applicable two-digit, three-digit, or four-digit standard industrial classification
code
according to the Standard Industrial Classification Manual
published by the United States office of management and budget in
the executive office of the president, 1972 1987, as revised:
1211 Bituminous coal and lignite mining;
1213 Bituminous coal and lignite mining services;
1422 Crushed and broken limestone;
1427 Crushed and broken stone, not elsewhere classified;
1442 Construction sand and gravel;
1446 Industrial sand; Major group 10, metal mining;
Major group 12, coal mining;
Major group 14, mining and quarrying of nonmetallic minerals;
Industry group 204, grain mill products;
2873 Nitrogen fertilizers;
2874 Phosphatic fertilizers;
3281 Cut stone and stone products;
3295 Minerals and earth, ground or otherwise treated;
4221 Grain elevators (storage only);
5159 Farm related raw materials;
5261 Retail nurseries and lawn and garden supply stores.
(c) The fees set forth in the following schedule apply to
the issuance of a permit to install pursuant to rules adopted
under division (F) of section 3704.03 of the Revised Code for a
process identified in division (F)(3)(4)(b) of this section:
|
Process weight rate (pounds per hour) |
|
Permit to install |
|
|
0 to 10,000 |
|
$ 200 |
|
|
10,001 to 50,000 |
|
400 |
|
|
50,001 to 100,000 |
|
500 |
|
|
100,001 to 200,000 |
|
600 |
|
|
200,001 to 400,000 |
|
750 |
|
|
400,001 or more |
|
900 |
|
|
Gallons (maximum useful capacity) |
|
Permit to install |
|
|
0 to 20,000 |
|
$ 100 |
|
|
20,001 to 40,000 |
|
150 |
|
|
40,001 to 100,000 |
|
250 |
|
|
100,001 to 500,000 |
|
400 |
|
|
500,001 or greater |
|
750 |
|
(6) Gasoline/fuel dispensing facilities
For each gasoline/fuel
|
|
|
|
dispensing facility (includes all |
|
Permit to install |
|
units at the facility) |
|
$ 100 |
|
(7) Dry cleaning facilities
For each dry cleaning
|
|
|
|
facility (includes all units |
|
Permit to install |
|
at the facility) |
|
$ 100 |
|
For each source covered |
|
Permit to install |
|
by registration status |
|
$ 75 |
|
(G) An owner or operator who is responsible for an
asbestos
demolition or renovation project pursuant to rules
adopted under
section 3704.03 of the Revised Code shall pay the
fees set forth
in the following schedule:
|
Action |
|
Fee |
|
|
Each notification |
|
$75 |
|
|
Asbestos removal |
|
$3/unit |
|
|
Asbestos cleanup |
|
$4/cubic yard |
|
For purposes of this division,
"unit" means any combination of
linear feet or square feet equal to fifty.
(H) A person who is issued an extension of time for a
permit
to install an air contaminant source pursuant to rules
adopted
under division (F) of section 3704.03 of the Revised Code
shall
pay a fee equal to one-half the fee originally assessed for
the
permit to install under this section, except that the fee for
such
an extension shall not exceed two hundred dollars.
(I) A person who is issued a modification to a permit to
install an air contaminant source pursuant to rules adopted under
section 3704.03 of the Revised Code shall pay a fee equal to
one-half of the fee that would be assessed under this section to
obtain a permit to install the source. The fee assessed by this
division only applies to modifications that are initiated by the
owner or operator of the source and shall not exceed two thousand
dollars.
(J) Notwithstanding division (B) or (F) of this section, a
person who applies for or obtains a permit to install pursuant to
rules adopted under division (F) of section 3704.03 of the
Revised
Code after the date actual construction of the source
began shall
pay a fee for the permit to install that is equal to
twice the fee
that otherwise would be assessed under the
applicable division
unless the applicant received authorization
to begin construction
under division (W) of section 3704.03 of
the Revised Code. This
division only applies to sources for
which actual construction of
the source begins on or after July
1, 1993. The imposition or
payment of the fee established in
this division does not preclude
the director from taking any
administrative or judicial
enforcement action under this chapter,
Chapter 3704., 3714.,
3734., or 6111. of the Revised Code, or a
rule adopted under any
of them, in connection with a violation of
rules adopted under
division (F) of section 3704.03 of the
Revised Code.
As used in this division,
"actual construction of the
source"
means the initiation of physical on-site construction
activities
in connection with improvements to the source that are
permanent
in nature, including, without limitation, the
installation of
building supports and foundations and the laying
of underground
pipework.
(K) Fifty cents per ton of each fee assessed under
division
(C) of this section on actual emissions from a source
and received
by the environmental protection agency pursuant to
that division
shall be deposited into the state treasury to the
credit of the
small business assistance fund created in section
3706.19 of the
Revised Code. The remainder of the moneys
received by the
division pursuant to that division and moneys
received by the
agency pursuant to divisions (D), (F), (G), (H),
(I), and (J) of
this section shall be deposited in the state
treasury to the
credit of the clean air fund created in section
3704.035 of the
Revised Code.
(L)(1)(a) Except as otherwise provided in division
(L)(1)(b)
or (c) of this section, a person issued a water
discharge permit
or renewal of a water discharge permit pursuant
to Chapter 6111.
of the Revised Code shall pay a fee based on
each point source to
which the issuance is applicable in
accordance with the following
schedule:
|
Design flow discharge (gallons per day) |
|
Fee |
|
|
0 to 1000 |
|
$ 0 |
|
|
1,001 to 5000 |
|
100 |
|
|
5,001 to 50,000 |
|
200 |
|
|
50,001 to 100,000 |
|
300 |
|
|
100,001 to 300,000 |
|
525 |
|
|
over 300,000 |
|
750 |
|
(b) Notwithstanding the fee schedule specified in division
(L)(1)(a) of this section, the fee for a water discharge permit
that is applicable to coal mining operations regulated under
Chapter 1513. of the Revised Code shall be two hundred fifty
dollars per mine.
(c) Notwithstanding the fee schedule specified in division
(L)(1)(a) of this section, the fee for a water discharge permit
for a public discharger identified by I in the third character of
the permittee's NPDES permit number shall not exceed seven
hundred
fifty dollars.
(2) A person applying for a plan approval for a wastewater
treatment works pursuant to section 6111.44, 6111.45, or 6111.46
of the Revised Code shall pay a fee of one hundred dollars plus
sixty-five one-hundredths of one per cent of the estimated
project
cost through June 30,
2006 2008, and one hundred
dollars plus
two-tenths of one per cent of the estimated project cost on and
after July 1,
2006 2008, except that the total fee shall not
exceed
fifteen thousand dollars through June 30,
2006 2008,
and
five
thousand
dollars on and after July 1,
2006 2008. The fee
shall be paid at the
time the application is submitted.
(3) A person issued a modification of a water discharge
permit shall pay a fee equal to one-half the fee that otherwise
would be charged for a water discharge permit, except that the
fee
for the modification shall not exceed four hundred dollars.
(4) A person who has entered into an agreement with the
director under section 6111.14 of the Revised Code shall pay an
administrative service fee for each plan submitted under that
section for approval that shall not exceed the minimum amount
necessary to pay
administrative costs directly attributable to
processing plan approvals. The
director annually shall calculate
the fee and shall
notify all persons who have entered into
agreements under that
section, or who have applied for agreements,
of the amount of
the fee.
(5)(a)(i) Not later than January 30,
2004 2006, and
January
30,
2005 2007, a person holding an NPDES
discharge permit issued
pursuant
to Chapter 6111. of the Revised Code with an
average
daily
discharge flow of five thousand gallons or more shall pay a
nonrefundable annual discharge fee. Any person who fails to pay
the fee at that time shall pay an additional amount that equals
ten per cent of the required annual discharge fee.
(ii) The billing year for the annual discharge fee
established in division (L)(5)(a)(i)
of this section shall consist
of a
twelve-month period beginning on the first day of
January of
the year preceding
the date when the annual discharge fee is due.
In the case of
an existing source that permanently ceases to
discharge during a
billing year, the director shall reduce the
annual discharge
fee, including the surcharge applicable to
certain industrial
facilities pursuant to division (L)(5)(c) of
this
section, by one-twelfth for each full month during
the
billing year that the source was not discharging, but only
if the
person holding the NPDES discharge permit for the source
notifies
the director in writing, not later than the first day of
October
of the billing year, of
the circumstances causing the cessation of
discharge.
(iii) The annual discharge fee established in
division
(L)(5)(a)(i) of this
section, except for the surcharge applicable
to certain
industrial facilities pursuant to division
(L)(5)(c) of
this section, shall be based upon the
average daily discharge flow
in gallons per day calculated using first day of
May through
thirty-first day of
October flow data for the period two years
prior to the date on
which the fee is due. In the case of NPDES
discharge
permits for new sources, the fee shall
be calculated
using the average daily design flow of the
facility until actual
average daily discharge flow values are available for
the time
period specified in division
(L)(5)(a)(iii) of this section. The
annual
discharge fee may be prorated for a new source as described
in division
(L)(5)(a)(ii) of this section.
(b) An NPDES permit holder that is a public discharger
shall
pay the fee specified in the following schedule:
Average daily |
|
|
|
Fee due by |
discharge flow |
|
|
|
January 30,
|
|
|
|
|
2004 2006, and
|
|
|
|
|
January 30, 2005 2007 |
5,000 to 49,999 |
|
|
$ 200 |
|
50,000 to 100,000 |
|
|
500 |
|
100,001 to 250,000 |
|
|
1,050 |
|
250,001 to 1,000,000 |
|
|
2,600 |
|
1,000,001 to 5,000,000 |
|
|
5,200 |
|
5,000,001 to 10,000,000 |
|
|
10,350 |
|
10,000,001 to 20,000,000 |
|
|
15,550 |
|
20,000,001 to 50,000,000 |
|
|
25,900 |
|
50,000,001 to 100,000,000 |
|
|
41,400 |
|
100,000,001 or more |
|
|
62,100 |
|
Public dischargers owning or operating two or more publicly
owned
treatment works serving the same political subdivision, as
"treatment
works" is defined in section 6111.01 of the Revised
Code, and that
serve
exclusively political subdivisions having a
population of fewer than one
hundred thousand shall pay an annual
discharge fee
under division (L)(5)(b) of this section that is
based on the combined average daily discharge flow of the
treatment works.
(c) An NPDES permit
holder that is an industrial
discharger,
other than a coal mining operator identified by
P in
the third
character of the permittee's NPDES permit
number, shall
pay the
fee specified in the following schedule:
Average daily |
|
|
|
Fee due by |
discharge flow |
|
|
|
January 30,
|
|
|
|
|
2004 2006, and
|
|
|
|
|
January 30, 2005 2007 |
5,000 to 49,999 |
|
|
$ 250 |
|
50,000 to 250,000 |
|
|
1,200 |
|
250,001 to 1,000,000 |
|
|
2,950 |
|
1,000,001 to 5,000,000 |
|
|
5,850 |
|
5,000,001 to 10,000,000 |
|
|
8,800 |
|
10,000,001 to 20,000,000 |
|
|
11,700 |
|
20,000,001 to 100,000,000 |
|
|
14,050 |
|
100,000,001 to 250,000,000 |
|
|
16,400 |
|
250,000,001 or more |
|
|
18,700 |
|
In addition to the fee specified in the above schedule, an
NPDES permit holder that is an industrial
discharger classified as
a
major discharger during all or part of the annual discharge fee
billing
year specified in division (L)(5)(a)(ii) of
this section
shall pay a nonrefundable annual surcharge of
seven thousand five
hundred
dollars not later than
January 30,
2004 2006, and not later
than
January 30, 2005 2007. Any person who fails to pay the
surcharge
at
that time shall pay an
additional amount that equals ten per
cent
of the amount of the surcharge.
(d) Notwithstanding divisions (L)(5)(b) and (c) of this
section, a public discharger identified by I in the third
character of the permittee's NPDES permit number and an
industrial
discharger identified by I, J, L, V, W, X, Y, or Z in
the third
character of the permittee's NPDES permit
number shall pay a
nonrefundable annual discharge fee of one hundred eighty
dollars
not later than
January 30,
2004 2006, and not later than January
30,
2005 2007. Any person who fails to pay the fee at that
time
shall pay
an additional amount that equals ten per cent of
the
required fee.
(6)
Each person obtaining a national pollutant discharge
elimination system general or individual permit for municipal
storm water discharge shall pay a nonrefundable storm water
discharge fee of one hundred dollars per square mile of area
permitted. The fee shall not exceed ten thousand dollars and
shall be payable on or before January 30, 2004, and the thirtieth
day of January of each year thereafter. Any person who fails to
pay the fee on the date specified in division (L)(6) of this
section shall pay an additional amount per year equal to ten per
cent of the annual fee that is unpaid.
(7) The director shall transmit all moneys collected under
division (L) of this section to the treasurer of state for
deposit
into the state treasury to the credit of the surface
water
protection fund created in section 6111.038 of the Revised
Code.
(8) As used in division (L) of this section:
(a)
"NPDES" means the federally approved national
pollutant
discharge elimination system program for issuing,
modifying,
revoking, reissuing, terminating, monitoring, and
enforcing
permits and imposing and enforcing pretreatment
requirements under
Chapter 6111. of the Revised Code and rules
adopted under it.
(b)
"Public discharger" means any holder of an NPDES
permit
identified by P in the second character of the NPDES
permit number
assigned by the director.
(c)
"Industrial discharger" means any holder of an
NPDES
permit identified by I in the second character of the
NPDES
permit
number assigned by the director.
(d)
"Major discharger" means any holder of an NPDES
permit
classified as major by the regional administrator of the United
States environmental protection agency in conjunction with the
director.
(M) Through June 30,
2006 2008, a person applying for a
license
or license renewal to operate a public water system under
section
6109.21 of the Revised Code shall pay the appropriate fee
established under this division at the time of application to the
director. Any person who fails to pay the fee at that time shall
pay an additional amount that equals ten per cent of the required
fee. The director shall transmit all moneys collected under this
division to the treasurer of state for deposit into the drinking
water protection fund created in section 6109.30 of the Revised
Code.
Except as provided in division (M)(4) of this section, fees required under this division shall be calculated and
paid in accordance with the following schedule:
(1) For the initial license required under division (A)(1)
of section 6109.21 of the Revised Code for any public water
system
that is a community water system as defined in section
6109.01 of
the Revised Code, and for each license renewal
required for such a
system prior to January 31,
2006 2008, the
fee is:
Number of service connections |
Fee amount |
|
|
Not more than 49 |
$ 112 |
|
|
50 to 99 |
176 |
|
Number of service connections |
|
Average cost per connection |
|
|
100 to 2,499 |
|
$ 1.92 |
|
|
2,500 to 4,999 |
|
1.48 |
|
|
5,000 to 7,499 |
|
1.42 |
|
|
7,500 to 9,999 |
|
1.34 |
|
|
10,000 to 14,999 |
|
1.16 |
|
|
15,000 to 24,999 |
|
1.10 |
|
|
25,000 to 49,999 |
|
1.04 |
|
|
50,000 to 99,999 |
|
.92 |
|
|
100,000 to 149,999 |
|
.86 |
|
|
150,000 to 199,999 |
|
.80 |
|
|
200,000 or more |
|
.76 |
|
A public water system may determine how it will pay the
total
amount of the fee calculated under division (M)(1) of this
section, including the assessment of additional user fees that
may
be assessed on a volumetric basis.
As used in division (M)(1) of this section,
"service
connection" means the number of active or inactive pipes,
goosenecks, pigtails, and any other fittings connecting a water
main to any building outlet.
(2) For the initial license required under division (A)(2)
of section 6109.21 of the Revised Code for any public water
system
that is not a community water system and serves a
nontransient
population, and for each license renewal required
for such a
system prior to January 31,
2006 2008, the fee is:
|
Population served |
|
Fee amount |
|
|
Fewer than 150 |
|
$ 112 |
|
|
150 to 299 |
|
176 |
|
|
300 to 749 |
|
384 |
|
|
750 to 1,499 |
|
628 |
|
|
1,500 to 2,999 |
|
1,268 |
|
|
3,000 to 7,499 |
|
2,816 |
|
|
7,500 to 14,999 |
|
5,510 |
|
|
15,000 to 22,499 |
|
9,048 |
|
|
22,500 to 29,999 |
|
12,430 |
|
|
30,000 or more |
|
16,820 |
|
As used in division (M)(2) of this section,
"population
served" means the total number of individuals receiving water
from
the water supply during a twenty-four-hour period for at
least
sixty days during any calendar year. In the absence of a
specific
population count, that number shall be calculated at the
rate of
three individuals per service connection.
(3) For the initial license required under division (A)(3)
of section 6109.21 of the Revised Code for any public water
system
that is not a community water system and serves a
transient
population, and for each license renewal required for such a
system prior to January 31,
2006 2008, the fee is:
Number of wells supplying system |
|
Fee amount |
|
|
1 |
|
$112 |
|
|
2 |
|
112 |
|
|
3 |
|
176 |
|
|
4 |
|
278 |
|
|
5 |
|
568 |
|
|
System designated as using a |
|
|
|
|
surface water source |
|
792 |
|
As used in division (M)(3) of this section,
"number of
wells
supplying system" means those wells that are physically
connected
to the plumbing system serving the public water system.
(4) A public water system designated as using a surface water source shall pay a fee of seven hundred ninety-two dollars or the amount calculated under division (M)(1) or (2) of this section, whichever is greater.
(N)(1) A person applying for a plan approval for a public
water supply system under section 6109.07 of the Revised Code
shall pay a fee of one hundred fifty dollars plus thirty-five hundredths of one per
cent of the estimated project cost, except that the total fee
shall not exceed twenty thousand dollars through June 30,
2006 2008,
and fifteen thousand dollars on and after July 1,
2006 2008.
The fee
shall be paid at the time the application is submitted.
(2) A person who has entered into an agreement with the
director under
division (A)(2) of section 6109.07 of the Revised
Code shall pay an
administrative service fee for each plan
submitted under that section for
approval that shall not exceed
the minimum amount necessary to pay
administrative costs directly
attributable to processing plan approvals. The
director annually
shall calculate the fee and shall notify all persons that
have
entered into agreements under that division, or who have applied
for
agreements, of the amount of the fee.
(3) Through June 30,
2006 2008, the following fee, on a per
survey
basis, shall be charged any person for services rendered by
the
state in the evaluation of laboratories and laboratory
personnel
for compliance with accepted analytical techniques and
procedures
established pursuant to Chapter 6109. of the Revised
Code for
determining the qualitative characteristics of water:
|
microbiological |
|
|
|
|
|
MMO-MUG |
|
$2,000 |
|
|
|
MF |
|
2,100 |
|
|
|
MMO-MUG and MF |
|
2,550 |
|
|
organic chemical |
|
5,400 |
|
|
trace metals |
|
5,400 |
|
|
standard chemistry |
|
2,800 |
|
|
limited chemistry |
|
1,550 |
|
On and after July 1,
2006 2008, the following fee, on a per
survey basis, shall be charged any such person:
|
microbiological |
|
$ 1,650 |
|
|
organic chemicals |
|
3,500 |
|
|
trace metals |
|
3,500 |
|
|
standard chemistry |
|
1,800 |
|
|
limited chemistry |
|
1,000 |
|
The fee for those services shall be paid at the time the request
for the survey is made. Through June 30,
2006 2008, an
individual
laboratory shall not be assessed a fee under this division more
than once in any three-year period unless the person requests the addition of analytical methods or analysts, in which case the person shall pay eighteen hundred dollars for each additional survey requested.
As used in division (N)(3) of this section:
(a) "MF" means microfiltration.
(b) "MMO" means minimal medium ONPG.
(c) "MUG" means 4-methylumbelliferyl-beta-D-glucuronide.
(d) "ONPG" means o-nitrophenyl-beta-D-galactopyranoside.
The director shall transmit all moneys collected under this
division to the treasurer of state for deposit into the drinking
water protection fund created in section 6109.30 of the Revised
Code.
(O) Any person applying to the director for examination
for
certification as an operator of a water supply system or
wastewater system under Chapter 6109. or 6111. of the Revised
Code, at the time the application is submitted, shall pay an
application fee of twenty-five dollars through November 30,
2003. Upon approval
from the
director that the applicant is eligible to take the
examination
therefor, the
applicant shall pay a fee in accordance
with the
following
schedule through November 30,
2003:
|
Class I operator |
|
$45 |
|
|
Class II operator |
|
55 |
|
|
Class III operator |
|
65 |
|
|
Class IV operator |
|
75 |
|
On and after December 1, 2003, any person applying to the director for examination for certification as an operator of a water supply system or wastewater system under Chapter 6109. or 6111. of the Revised Code, at the time the application is submitted, shall pay an application fee of forty-five dollars through November 30, 2006 2008, and twenty-five dollars on and after December 1, 2006 2008. Upon approval from the director that the applicant is eligible to take the examination therefor, the applicant shall pay a fee in accordance with the following schedule through November 30, 2006 2008:
|
Class A operator |
|
$35 |
|
|
Class I operator |
|
60 |
|
|
Class II operator |
|
75 |
|
|
Class III operator |
|
85 |
|
|
Class IV operator |
|
100 |
|
On and after December 1,
2006 2008, the applicant shall pay a fee
in
accordance with the following schedule:
|
Class A operator |
|
$25 |
|
|
Class I operator |
|
$45 |
|
|
Class II operator |
|
55 |
|
|
Class III operator |
|
65 |
|
|
Class IV operator |
|
75 |
|
A person shall pay a biennial certification renewal fee for each applicable class of certification in accordance with the following schedule:
|
Class A operator |
|
$25 |
|
|
Class I operator |
|
35 |
|
|
Class II operator |
|
45 |
|
|
Class III operator |
|
55 |
|
|
Class IV operator |
|
65 |
|
If a certification renewal fee is received by the director more than thirty days, but not more than one year after the expiration date of the certification, the person shall pay a certification renewal fee in accordance with the following schedule:
|
Class A operator |
|
$45 |
|
|
Class I operator |
|
55 |
|
|
Class II operator |
|
65 |
|
|
Class III operator |
|
75 |
|
|
Class IV operator |
|
85 |
|
A person who requests a replacement certificate shall pay a fee of twenty-five dollars at the time the request is made.
The director shall transmit all moneys collected under this
division to the treasurer of state for deposit into the drinking
water
protection fund created in section 6109.30 of the Revised
Code.
(P) Any person submitting an
application for an industrial water pollution control certificate
under section 6111.31 of the Revised Code, as that section existed before its repeal by H.B. 95 of the 125th general assembly, shall pay a
nonrefundable fee of five hundred dollars at the time the
application is submitted. The director shall transmit all moneys
collected under this division to the treasurer of state for
deposit into the surface water protection fund created in section
6111.038 of the Revised Code. A person paying a certificate fee
under this division shall not pay an application fee under
division (S)(1) of this section. On and after the effective date of this amendment June 26, 2003, persons shall file such applications and pay the fee as required under sections 5709.20 to 5709.27 of the Revised Code, and proceeds from the fee shall be credited as provided in section 5709.212 of the Revised Code.
(Q) Except as otherwise provided in division (R) of this
section, a person issued a permit by the director for a new solid
waste disposal facility other than an incineration or composting
facility, a new infectious waste treatment facility other than an
incineration facility, or a modification of such an existing
facility that includes an increase in the total disposal or
treatment capacity of the facility pursuant to Chapter 3734. of
the Revised Code shall pay a fee of ten dollars per thousand
cubic
yards of disposal or treatment capacity, or one thousand
dollars,
whichever is greater, except that the total fee for any
such
permit shall not exceed eighty thousand dollars. A person
issued
a modification of a permit for a solid waste disposal
facility or
an infectious waste treatment facility that does not
involve an
increase in the total disposal or treatment capacity
of the
facility shall pay a fee of one thousand dollars. A
person issued
a permit to install a new, or modify an existing,
solid waste
transfer facility under that chapter shall pay a fee
of two
thousand five hundred dollars. A person issued a permit
to
install a new or to modify an existing solid waste
incineration or
composting facility, or an existing infectious
waste treatment
facility using incineration as its principal
method of treatment,
under that chapter shall pay a fee of one
thousand dollars. The
increases in the permit fees under this
division resulting from
the amendments made by Amended Substitute
House Bill 592 of the
117th general assembly do not apply to any
person who submitted an
application for a permit to install a
new, or modify an existing,
solid waste disposal facility under
that chapter prior to
September 1, 1987; any such person shall
pay the permit fee
established in this division as it existed
prior to June 24, 1988.
In addition to the applicable permit fee
under this division, a
person issued a permit to install or
modify a solid waste facility
or an infectious waste treatment
facility under that chapter who
fails to pay the permit fee to
the director in compliance with
division (V) of this section
shall pay an additional ten per cent
of the amount of the fee for
each week that the permit fee is
late.
Permit and late payment fees paid to the director under
this
division shall be credited to the general revenue fund.
(R)(1) A person issued a registration certificate for a
scrap tire collection facility under section 3734.75 of the
Revised Code shall pay a fee of two hundred dollars, except that
if the facility is owned or operated by a motor vehicle salvage
dealer licensed under Chapter 4738. of the Revised Code, the
person shall pay a fee of twenty-five dollars.
(2) A person issued a registration certificate for a new
scrap tire storage facility under section 3734.76 of the Revised
Code shall pay a fee of three hundred dollars, except that if the
facility is owned or operated by a motor vehicle salvage dealer
licensed under Chapter 4738. of the Revised Code, the person
shall
pay a fee of twenty-five dollars.
(3) A person issued a permit for a scrap tire storage
facility under section 3734.76 of the Revised Code shall pay a
fee
of one thousand dollars, except that if the facility is owned
or
operated by a motor vehicle salvage dealer licensed under
Chapter
4738. of the Revised Code, the person shall pay a fee of
fifty
dollars.
(4) A person issued a permit for a scrap tire monocell or
monofill facility under section 3734.77 of the Revised Code shall
pay a fee of ten dollars per thousand cubic yards of disposal
capacity or one thousand dollars, whichever is greater, except
that the total fee for any such permit shall not exceed eighty
thousand dollars.
(5) A person issued a registration certificate for a scrap
tire recovery facility under section 3734.78 of the Revised Code
shall pay a fee of one hundred dollars.
(6) A person issued a permit for a scrap tire recovery
facility under section 3734.78 of the Revised Code shall pay a
fee
of one thousand dollars.
(7) In addition to the applicable registration certificate
or permit fee under divisions (R)(1) to (6) of this section, a
person issued a registration certificate or permit for any such
scrap tire facility who fails to pay the registration certificate
or permit fee to the director in compliance with division (V) of
this section shall pay an additional ten per cent of the amount
of
the fee for each week that the fee is late.
(8) The registration certificate, permit, and late payment
fees paid to the director under divisions (R)(1) to (7) of this
section shall be credited to the scrap tire management fund
created in section 3734.82 of the Revised Code.
(S)(1) Except as provided by divisions (L), (M), (N), (O),
(P), and (S)(2) of this section, division (A)(2) of section
3734.05 of the Revised Code, section 3734.79 of the Revised Code,
and rules adopted under division (T)(1) of this section, any
person applying for a registration certificate under section
3734.75, 3734.76, or 3734.78 of the Revised Code or a permit,
variance, or plan approval under Chapter 3734. of the Revised
Code
shall pay a nonrefundable fee of fifteen dollars at the time
the
application is submitted.
Except as otherwise provided, any person applying for a
permit, variance, or plan approval under Chapter 6109. or 6111.
of
the Revised Code shall pay a nonrefundable fee of one hundred
dollars at the time the application is submitted through June 30,
2006 2008, and a nonrefundable fee of fifteen dollars at the
time
the
application is submitted on and after July 1,
2006 2008.
Through June
30,
2006 2008, any person
applying for a national
pollutant
discharge
elimination system permit
under Chapter 6111.
of the Revised Code
shall pay a
nonrefundable fee of two hundred
dollars at the time
of application for
the permit. On and after
July 1,
2006 2008,
such a
person shall pay a nonrefundable fee of
fifteen dollars at the
time of application.
In addition to the application fee established under division
(S)(1) of this section, any person applying for a national
pollutant discharge elimination system general storm water
construction permit shall pay a nonrefundable fee of twenty
dollars per acre for each acre that is permitted above five acres
at the time the application is submitted. However, the per
acreage fee shall not exceed three hundred dollars. In addition,
any person applying for a national pollutant discharge elimination
system general storm water industrial permit shall pay a
nonrefundable fee of one hundred fifty dollars at the time the
application is submitted.
The director shall transmit all moneys collected under
division (S)(1) of this
section pursuant to Chapter 6109. of the
Revised Code to the
treasurer of state for deposit into the
drinking water protection
fund created in section 6109.30 of the
Revised Code.
The director shall transmit all moneys collected under
division (S)(1) of this
section pursuant to Chapter 6111. of the
Revised Code to the
treasurer of state for deposit into the
surface water protection
fund created in section 6111.038 of the
Revised Code.
If a registration certificate is issued under section
3734.75, 3734.76, or 3734.78 of the Revised Code, the amount of
the application fee paid shall be deducted from the amount of the
registration certificate fee due under division (R)(1), (2), or
(5) of this section, as applicable.
If a person submits an electronic application for a registration certificate, permit, variance, or plan approval for which an application fee is established under division (S)(1) of this section, the person shall pay the applicable application fee as expeditiously as possible after the submission of the electronic application. An application for a registration certificate, permit, variance, or plan approval for which an application fee is established under division (S)(1) of this section shall not be reviewed or processed until the applicable application fee, and any other fees established under this division, are paid.
(2) Division (S)(1) of this section does not apply to an
application for a registration certificate for a scrap tire
collection or storage facility submitted under section 3734.75 or
3734.76 of the Revised Code, as applicable, if the owner or
operator of the facility or proposed facility is a motor vehicle
salvage dealer licensed under Chapter 4738. of the Revised Code.
(T) The director may adopt, amend, and rescind rules in
accordance with Chapter 119. of the Revised Code that do all of
the following:
(1) Prescribe fees to be paid by applicants for and
holders
of any license, permit, variance, plan approval, or
certification
required or authorized by Chapter 3704., 3734.,
6109., or 6111. of
the Revised Code that are not specifically
established in this
section. The fees shall be designed to
defray the cost of
processing, issuing, revoking, modifying,
denying, and enforcing
the licenses, permits, variances, plan
approvals, and
certifications.
The director shall transmit all moneys collected under
rules
adopted under division (T)(1) of this section pursuant to
Chapter
6109. of the Revised Code to the treasurer of state for
deposit
into the drinking water protection fund created in
section 6109.30
of the Revised Code.
The director shall transmit all moneys collected under
rules
adopted under division (T)(1) of this section pursuant to
Chapter
6111. of the Revised Code to the treasurer of state for
deposit
into the surface water protection fund created in section
6111.038
of the Revised Code.
(2) Exempt the state and political subdivisions thereof,
including education facilities or medical facilities owned by the
state or a political subdivision, or any person exempted from
taxation by section 5709.07 or 5709.12 of the Revised Code, from
any fee required by this section;
(3) Provide for the waiver of any fee, or any part
thereof,
otherwise required by this section whenever the director
determines that the imposition of the fee would constitute an
unreasonable cost of doing business for any applicant, class of
applicants, or other person subject to the fee;
(4) Prescribe measures that the director considers
necessary
to carry out this section.
(U) When the director reasonably demonstrates that the
direct cost to the state associated with the issuance of a permit
to install, license, variance, plan approval, or certification
exceeds the fee for the issuance or review specified by this
section, the director may condition the issuance or review on the
payment by the person receiving the issuance or review of, in
addition to the fee specified by this section, the amount, or any
portion thereof, in excess of the fee specified under this
section. The director shall not so condition issuances for which
fees are prescribed in divisions (B)(7) and (L)(1)(b) of this
section.
(V) Except as provided in divisions (L), (M), and (P) of
this section or unless otherwise prescribed by a rule of the
director adopted pursuant to Chapter 119. of the Revised Code,
all
fees required by this section are payable within thirty days
after
the issuance of an invoice for the fee by the director or
the
effective date of the issuance of the license, permit,
variance,
plan approval, or certification. If payment is late,
the person
responsible for payment of the fee shall pay an
additional ten per
cent of the amount due for each month that it
is late.
(W) As used in this section,
"fuel-burning equipment,"
"fuel-burning equipment input capacity,"
"incinerator,"
"incinerator input capacity,"
"process,"
"process weight rate,"
"storage tank,"
"gasoline dispensing facility,"
"dry cleaning
facility,"
"design flow discharge," and
"new source treatment
works" have the meanings ascribed to those terms by applicable
rules or standards adopted by the director under Chapter 3704. or
6111. of the Revised Code.
(X) As used in divisions (B), (C), (D), (E), (F), (H),
(I),
and (J) of this section, and in any other provision of this
section pertaining to fees paid pursuant to Chapter 3704. of the
Revised Code:
(1)
"Facility,"
"federal Clean Air Act,"
"person,"
and
"Title
V permit" have the same meanings as in section 3704.01
of
the
Revised Code.
(2)
"Title V permit program" means the following
activities
as necessary to meet the requirements of Title V of
the federal
Clean Air Act and 40 C.F.R. part 70, including at
least:
(a) Preparing and adopting, if applicable, generally
applicable rules or guidance regarding the permit program or its
implementation or enforcement;
(b) Reviewing and acting on any application for a Title V
permit, permit revision, or permit renewal, including the
development of an applicable requirement as part of the
processing
of a permit, permit revision, or permit renewal;
(c) Administering the permit program, including the
supporting and tracking of permit applications, compliance
certification, and related data entry;
(d) Determining which sources are subject to the program
and
implementing and enforcing the terms of any Title V permit,
not
including any court actions or other formal enforcement
actions;
(e) Emission and ambient monitoring;
(f) Modeling, analyses, or demonstrations;
(g) Preparing inventories and tracking emissions;
(h) Providing direct and indirect support to small
business
stationary sources to determine and meet their
obligations under
the federal Clean Air Act pursuant to the small
business
stationary source technical and environmental compliance
assistance program required by section 507 of that act and
established in sections 3704.18, 3704.19, and 3706.19 of the
Revised Code.
(Y)(1) Except as provided in divisions
(Y)(2),
(3), and
(4)
of this section, each
sewage sludge facility shall pay a
nonrefundable annual sludge
fee equal to three dollars and fifty
cents per dry ton of sewage
sludge, including the dry tons of
sewage sludge in materials derived from
sewage sludge, that the
sewage sludge facility treats or disposes of in
this state. The
annual volume of sewage sludge treated or
disposed of by a sewage
sludge facility shall be calculated
using the first day of January
through the thirty-first day of
December of the calendar year
preceding the date on which payment of the fee is due.
(2)(a) Except as provided in division
(Y)(2)(d) of this
section, each sewage sludge facility
shall pay a minimum annual
sewage sludge fee of one hundred dollars.
(b) The annual sludge fee required to
be paid by a sewage
sludge facility that treats or disposes of
exceptional quality
sludge in this state shall be thirty-five
per cent less per dry
ton of exceptional quality sludge than the
fee assessed under
division
(Y)(1) of this section, subject
to the following
exceptions:
(i) Except as provided in division
(Y)(2)(d) of this
section, a sewage sludge facility that
treats or disposes of
exceptional quality
sludge shall pay a minimum annual sewage
sludge fee of one hundred
dollars.
(ii) A sewage sludge facility that
treats or disposes of
exceptional quality sludge shall not be
required to pay the annual
sludge fee for treatment or disposal
in this state of exceptional
quality sludge generated outside of
this state and contained in
bags or other containers not greater
than one hundred pounds in
capacity.
A thirty-five per cent reduction for exceptional quality
sludge applies to
the
maximum annual fees established under
division (Y)(3) of this
section.
(c) A sewage sludge facility that
transfers sewage sludge
to
another sewage
sludge facility in this state for further treatment
prior to
disposal in this state shall not be required to pay the
annual
sludge fee for the tons of sewage sludge that have been
transferred. In such a case, the sewage
sludge facility that
disposes of the sewage sludge shall pay the
annual sludge fee.
However, the facility transferring the sewage sludge shall
pay the
one-hundred-dollar minimum fee required under division
(Y)(2)(a)
of this section.
In the case of a sewage sludge facility that treats sewage
sludge in this state and transfers it out of this state to
another
entity for disposal, the sewage sludge facility in this
state
shall be required to pay the annual sludge fee for the
tons of
sewage sludge that have been transferred.
(d) A sewage sludge facility that generates sewage sludge
resulting from an average daily discharge flow of less than five
thousand
gallons per day
is not subject to the fees
assessed under
division (Y) of this section.
(3) No sewage sludge facility required to pay the annual
sludge fee shall be required to pay more than the maximum annual
fee for each disposal method that the sewage sludge facility
uses.
The maximum annual fee does not include the additional
amount that
may be charged under division
(Y)(5) of this section for late
payment of the annual sludge fee. The maximum annual fee for
the
following methods of disposal of sewage sludge is as
follows:
(a) Incineration: five thousand
dollars;
(b) Preexisting land reclamation project or disposal in a
landfill: five
thousand dollars;
(c) Land application, land
reclamation, surface disposal, or
any other disposal method not
specified in division
(Y)(3)(a)
or
(b) of this section: twenty thousand
dollars.
(4)(a) In the case of an entity that
generates sewage sludge
or a sewage sludge facility that treats
sewage sludge and
transfers the sewage sludge to an incineration
facility for
disposal, the incineration facility, and not the
entity generating
the sewage sludge or the sewage sludge
facility treating the
sewage sludge, shall pay the annual sludge
fee for the tons of
sewage sludge that are transferred. However, the entity
or
facility generating or treating the sewage sludge shall pay the
one-hundred-dollar minimum fee required under division
(Y)(2)(a)
of this section.
(b) In the case of an entity that
generates sewage sludge
and transfers the sewage sludge to a landfill for
disposal or to a
sewage sludge facility for land reclamation or surface
disposal,
the entity generating the sewage sludge,
and not the
landfill or
sewage sludge facility, shall pay the annual sludge fee for the
tons of sewage
sludge that are transferred.
(5) Not later than the first day of April
of the calendar
year following
March
17,
2000, and each first day of
April
thereafter, the director shall
issue invoices to persons who are
required to pay the annual
sludge fee. The invoice shall
identify
the nature and amount of
the annual sludge fee assessed
and state
the first day of May as
the deadline
for receipt by the director
of objections regarding
the amount of the fee and
the first day of
July as the deadline
for payment of
the fee.
Not later than the first day of May
following receipt of an
invoice, a person required to pay the
annual sludge fee may submit
objections to the director
concerning the accuracy of information
regarding the number of
dry tons of sewage sludge used to
calculate the amount of the
annual sludge fee or regarding whether
the sewage sludge
qualifies for the exceptional quality sludge
discount established in
division
(Y)(2)(b)
of this section. The
director may consider the objections and
adjust the amount of the
fee to ensure that it is accurate.
If the director does not adjust the amount of the annual
sludge fee in response to a person's objections, the person may
appeal the director's determination in accordance with
Chapter
119. of the
Revised
Code.
Not later than the first day of June,
the director shall
notify the objecting person regarding whether
the director has
found the objections to be valid and the
reasons for the finding.
If the director finds the objections
to be valid and adjusts the
amount of the annual sludge fee
accordingly, the director shall
issue with the notification a
new invoice to the person
identifying the amount of the annual
sludge fee assessed and
stating the
first day of July as the deadline for
payment.
Not later than the first day of July,
any person who is
required to do so shall pay the annual sludge fee.
Any person who
is required to pay the fee, but who fails to
do so on or before
that date shall pay an additional amount that
equals ten per cent
of the required annual sludge fee.
(6) The director shall transmit all moneys collected
under
division (Y) of this
section to the treasurer of state for deposit
into the surface
water protection fund created in section 6111.038
of the
Revised
Code. The moneys shall be used
to defray the costs
of administering and enforcing provisions in
Chapter 6111. of the
Revised
Code and rules adopted under it
that govern the use,
storage, treatment, or disposal of sewage
sludge.
(7) Beginning in fiscal year 2001, and every two years
thereafter, the
director shall review the total amount of moneys
generated by the annual
sludge
fees to determine if that amount
exceeded six hundred thousand dollars in
either
of the two
preceding fiscal years. If the total amount of moneys in the fund
exceeded six hundred thousand dollars in either fiscal year, the
director,
after review of the fee structure and consultation with
affected persons,
shall
issue an order reducing the amount of the
fees levied under division
(Y) of this section so that the
estimated amount of moneys resulting
from the fees will not exceed
six hundred thousand dollars in any fiscal year.
If, upon review of the fees under division (Y)(7) of this
section
and after the fees have been reduced, the director
determines that the total
amount of moneys collected and
accumulated is less than six hundred thousand
dollars, the
director, after review of the fee structure and consultation with
affected persons, may issue an order increasing the amount of the
fees levied
under division (Y) of this section so that the
estimated amount of
moneys resulting from the fees will be
approximately six hundred thousand
dollars. Fees shall never be
increased to an amount exceeding the amount
specified in division
(Y)(7) of this section.
Notwithstanding section 119.06 of the Revised Code, the
director may issue an order under
division (Y)(7) of this section
without the necessity to hold an
adjudicatory hearing in
connection with the order. The issuance of an order
under this
division is not an act or action for purposes of section 3745.04
of the Revised Code.
(8) As used in division
(Y) of this section:
(a)
"Sewage sludge facility" means an
entity that performs
treatment on or is responsible for the
disposal of sewage sludge.
(b)
"Sewage sludge" means a solid,
semi-solid, or liquid
residue generated during the treatment of
domestic sewage in a
treatment works as defined in section
6111.01 of the Revised
Code.
"Sewage sludge"
includes, but is not limited to, scum or solids
removed in
primary, secondary, or advanced wastewater treatment
processes.
"Sewage sludge" does
not include ash generated during
the firing of sewage sludge in
a sewage sludge incinerator, grit
and screenings generated
during preliminary treatment of domestic
sewage in a treatment
works, animal manure, residue generated
during treatment of animal
manure, or domestic septage.
(c)
"Exceptional quality sludge"
means sewage sludge that
meets all of the following
qualifications:
(i) Satisfies the class
A pathogen standards in 40
C.F.R.
503.32(a);
(ii) Satisfies one of the vector
attraction reduction
requirements in 40
C.F.R.
503.33(b)(1) to
(b)(8);
(iii) Does not exceed the ceiling
concentration limitations
for metals listed in table one of 40
C.F.R.
503.13;
(iv) Does not exceed the
concentration limitations for
metals listed in table three of 40
C.F.R.
503.13.
(d)
"Treatment" means the preparation
of sewage sludge for
final use or disposal and includes, but is
not limited to,
thickening, stabilization, and dewatering of
sewage sludge.
(e)
"Disposal" means the final use of
sewage sludge,
including, but not limited to, land application,
land reclamation,
surface disposal, or disposal in a landfill or
an incinerator.
(f)
"Land application" means the
spraying or spreading of
sewage sludge onto the land surface,
the injection of sewage
sludge below the land surface, or the
incorporation of sewage
sludge into the soil for the purposes of
conditioning the soil or
fertilizing crops or vegetation grown
in the soil.
(g)
"Land reclamation" means the
returning of disturbed land
to productive use.
(h)
"Surface disposal" means the
placement of sludge on an
area of land for disposal,
including, but not limited to,
monofills, surface impoundments,
lagoons, waste piles, or
dedicated disposal sites.
(i)
"Incinerator" means an entity
that disposes of sewage
sludge through the combustion of organic
matter and inorganic
matter in sewage sludge by high
temperatures in an enclosed
device.
(j)
"Incineration facility" includes
all incinerators owned
or operated by the same entity and
located on a contiguous tract
of land. Areas of land are
considered to be contiguous even if
they are separated by a
public road or highway.
(k)
"Annual sludge fee" means the fee
assessed under
division
(Y)(1)
of this section.
(l)
"Landfill" means a sanitary landfill facility, as
defined
in
rules adopted under section 3734.02 of the Revised
Code,
that
is
licensed under section 3734.05 of the Revised Code.
(m)
"Preexisting land reclamation project" means a
property-specific land reclamation project that has been in
continuous
operation for not less than five years
pursuant to
approval of the activity by the director and includes
the
implementation of a community outreach program concerning the
activity.
Sec. 3745.114. (A) A person that applies for a section 401 water quality certification under Chapter 6111. of the Revised Code and rules adopted under it shall pay an application fee of two hundred dollars at the time of application plus any of the following fees, as applicable:
(1) If the water resource to be impacted is a wetland, a review fee of five hundred dollars per acre of wetland to be impacted;
(2) If the water resource to be impacted is a stream one of the following fees, as applicable:
(a) For an ephemeral stream, a review fee of five dollars per linear foot of stream to be impacted, or two hundred dollars, whichever is greater;
(b) For an intermittent stream, a review fee of ten dollars per linear foot of stream to be impacted, or two hundred dollars, whichever is greater;
(c) For a perennial stream, a review fee of fifteen dollars per linear foot of stream to be impacted, or two hundred dollars, whichever is greater.
(3) If the water resource to be impacted is a lake, a review fee of three dollars per cubic yard of dredged or fill material to be moved.
(B) One-half of all applicable review fees levied under this section shall be due at the time of application for a section 401 water quality certification. The remainder of the fees shall be paid upon the final disposition of the application for a section 401 water quality certification. The total fee to be paid under this section shall not exceed twenty-five thousand dollars per application. However, if the applicant is a county, township, or municipal corporation in this state, the total fee to be paid shall not exceed five thousand dollars per application.
(C) All money collected under this section shall be transmitted to the treasurer of state for deposit into the state treasury to the credit of the surface water protection fund created in section 6111.038 of the Revised Code.
(D) The fees established under this section do not apply to any state agency as defined in section 119.01 of the Revised Code.
(E) The fees established under this section do not apply to projects that are authorized by the environmental protection agency's general certifications of nationwide permits or general permits issued by the United States army corps of engineers. As used in this division, "general permit" and "nationwide permit" have the same meanings as in rules adopted under Chapter 6111. of the Revised Code.
(F) Coal mining and reclamation operations that are authorized under Chapter 1513. of the Revised Code are exempt from the fees established under this seciton for one year after the effective date of this seciton.
(G) As used in this section:
(1) "Ephemeral stream" means a stream that flows only in direct response to precipitation in the immediate watershed or in response to the melting of a cover of snow and ice and that has channel bottom that is always above the local water table.
(2) "Intermittent stream" means a stream that is below the local water table and flows for at least a part of each year and that obtains its flow from both surface runoff and ground water discharge.
(3) "Perennial stream" means a stream or a part of a stream that flows continuously during all of the calendar year as a result of ground water discharge or surface water runoff. "Perennial stream" does not include an intermittent stream or an ephemeral stream.
Sec. 3745.12. (A) There is hereby created in the state
treasury the immediate removal fund, which shall be administered
by the director of environmental protection. The fund may be
used for both of the following purposes:
(1) To pay costs incurred by the environmental protection agency
in investigating, mitigating, minimizing, removing, or abating
any unauthorized spill, release, or discharge of material into or
upon the environment that requires emergency action to protect
the public health or safety or the environment;
(2) Conducting remedial actions under section 3752.13 of the Revised Code.
(B) Any person responsible for causing or allowing the
unauthorized spill, release, or discharge is liable to the
director for the costs incurred by the agency regardless of
whether those costs were paid out of the fund created under
division (A) of this section or any other fund of the agency.
Upon the request of the director, the attorney general shall
bring a civil action against the responsible person to recover
those costs. Moneys recovered under this division shall be paid
into the state treasury to the credit of the immediate removal fund, except that moneys recovered for costs paid from the hazardous waste clean-up fund created in section 3734.28 of the Revised Code shall be credited to the hazardous waste clean-up fund.
Sec. 3746.04. Within one year after September 28,
1994, the
director of environmental
protection, in accordance with Chapter 119. of the Revised Code
and with the advice of the multidisciplinary council
appointed
under section 3746.03 of the Revised Code, shall adopt, and
subsequently may amend, suspend, or rescind, rules that do both
of the following:
(A) Revise the rules adopted under Chapters 3704., 3714.,
3734., 6109., and 6111. of the Revised Code to incorporate the
provisions necessary to conform those rules to the requirements
of this chapter. The amended rules adopted under this division
also shall establish response times for all submittals to the
environmental protection agency required under this chapter or
rules adopted under it.
(B) Establish requirements and procedures that are
reasonably necessary for the implementation and administration of
this chapter, including, without limitation, all of the
following:
(1) Appropriate generic numerical clean-up standards for
the treatment or removal of soils, sediments, and water media for
hazardous substances and petroleum. The rules shall establish
separate generic numerical clean-up standards based upon the
intended use of properties after the completion of voluntary
actions, including industrial, commercial, and residential uses
and such other categories of land use as the director considers
to be appropriate. The generic numerical clean-up standards
established for each category of land use shall be the
concentration of each contaminant that may be present on a
property that shall ensure protection of public health and safety
and the environment for the reasonable exposure for that category
of land use. When developing the standards, the director shall
consider such factors as all of the following:
(a) Scientific information, including, without limitation,
toxicological information and realistic assumptions regarding
human and environmental exposure to hazardous substances or
petroleum;
(c) Human activity patterns;
(d) Current statistical techniques;
(e) For petroleum at industrial property, alternatives to
the use of total petroleum hydrocarbons.
The generic numerical clean-up standards established in the rules adopted under
division (B)(1) of this section shall be consistent with and
equivalent in scope, content, and coverage to any applicable
standard established by federal environmental laws and
regulations adopted under them, including, without limitation,
the "Federal Water Pollution Control Act Amendments of 1972," 86
Stat. 886, 33 U.S.C.A. 1251, as amended; the "Resource
Conservation and Recovery Act of 1976," 90 Stat. 2806, 42
U.S.C.A. 6921, as amended; the "Toxic Substances Control Act," 90
Stat. 2003 (1976), 15 U.S.C.A. 2601, as amended; the
"Comprehensive Environmental Response, Compensation, and
Liability Act of 1980," 94 Stat. 2779, 42 U.S.C.A. 9601, as
amended; and the "Safe Drinking Water Act," 88 Stat. 1660 (1974),
42 U.S.C.A. 300f, as amended.
In order for the rules adopted under division (B)(1) of
this section to require that any such federal environmental
standard apply to a property, the property shall meet the
requirements of the particular federal statute or regulation
involved in the manner specified by the statute or regulation.
The generic numerical clean-up standards for petroleum at
commercial or residential property shall be the standards
established in rules adopted under division (B) of section
3737.882 of the Revised Code.
(2)(a) Procedures for performing property-specific risk
assessments that would be performed at a property to demonstrate
that the remedy evaluated in a risk assessment results in
protection of public health and safety and the environment
instead of complying with the generic numerical clean-up
standards established in the rules adopted under division (B)(1)
of this section. The risk assessment procedures shall describe a
methodology to establish, on a property-specific basis, allowable
levels of contamination to remain at a property to ensure
protection of public health and safety and the environment on the
property and off the property when the contamination is emanating
off the property, taking into account all of the following:
(i) The implementation of treatment, storage, or disposal,
or a combination thereof, of hazardous substances or petroleum;
(ii) The existence of institutional controls or activity and use limitations that
eliminate or mitigate exposure to hazardous substances or
petroleum through the restriction of access to hazardous
substances or petroleum;
(iii) The existence of engineering controls that eliminate
or mitigate exposure to hazardous substances or petroleum through
containment of, control of, or restrictions of access to
hazardous substances or petroleum, including, without limitation,
fences, cap systems, cover systems, and landscaping.
(b) The risk assessment procedures and levels of
acceptable risk set forth in the rules adopted under division
(B)(2) of this section shall be based upon all of the following:
(i) Scientific information, including, without limitation,
toxicological information and actual or proposed human and
environmental exposure;
(ii) Locational and climatic factors;
(iii) Surrounding land use and human activities;
(iv) Differing levels of remediation that may be required
when an existing land use is continued compared to when a
different land use follows the remediation.
(c) Any standards established pursuant to rules adopted
under division (B)(2) of this section shall be no more stringent
than standards established under the environmental statutes of
this state and rules adopted under them for the same contaminant
in the same environmental medium that are in effect at the time
the risk assessment is conducted.
(3) Minimum standards for phase I property assessments.
The standards shall specify the information needed to demonstrate
that there is no reason to believe that contamination exists on a
property. The rules adopted under division (B)(3) of this
section, at a minimum, shall require that a phase I property
assessment include all of the following:
(a) A review and analysis of deeds, mortgages, easements
of record, and similar documents relating to the chain of title
to the property that are publicly available or that are known to
and reasonably available to the owner or operator;
(b) A review and analysis of any previous environmental
assessments, property assessments, environmental studies, or
geologic studies of the property and any land within two thousand
feet of the boundaries of the property that are publicly
available or that are known to and reasonably available to the
owner or operator;
(c) A review of current and past environmental compliance
histories of persons who owned or operated the property;
(d) A review of aerial photographs of the property that
indicate prior uses of the property;
(e) Interviews with managers of activities conducted at
the property who have knowledge of environmental conditions at
the property;
(f) Conducting an inspection of the property consisting of
a walkover;
(g) Identifying the current and past uses of the property,
adjoining tracts of land, and the area surrounding the property,
including, without limitation, interviews with persons who reside
or have resided, or who are or were employed, within the area
surrounding the property regarding the current and past uses of
the property and adjacent tracts of land.
The rules adopted under division (B)(3) of this section
shall establish criteria to determine when a phase II property
assessment shall be conducted when a phase I property assessment
reveals facts that establish a reason to believe that hazardous
substances or petroleum have been treated, stored, managed, or
disposed of on the property if the person undertaking the phase I
property assessment wishes to obtain a covenant not to sue under
section 3746.12 of the Revised Code.
(4) Minimum standards for phase II property assessments.
The standards shall specify the information needed to demonstrate
that any contamination present at the property does not exceed
applicable standards or that the remedial activities conducted at
the property have achieved compliance with applicable standards.
The rules adopted under division (B)(4) of this section, at a
minimum, shall require that a phase II property assessment
include all of the following:
(a) A review and analysis of all documentation prepared in
connection with a phase I property assessment conducted within
the one hundred eighty days before the phase II property
assessment begins. The rules adopted under division (B)(4)(a) of
this section shall require that if a period of more than one
hundred eighty days has passed between the time that the phase I
assessment of the property was completed and the phase II
assessment begins, the phase II assessment shall include a
reasonable inquiry into the change in the environmental condition
of the property during the intervening period.
(b) Quality assurance objectives for measurements taken in
connection with a phase II assessment;
(c) Sampling procedures to ensure the representative
sampling of potentially contaminated environmental media;
(d) Quality assurance and quality control requirements for
samples collected in connection with phase II assessments;
(e) Analytical and data assessment procedures;
(f) Data objectives to ensure that samples collected in
connection with phase II assessments are biased toward areas
where information indicates that contamination by hazardous
substances or petroleum is likely to exist.
(5) Standards governing the conduct of certified
professionals, criteria and procedures for the certification of
professionals to issue no further action letters under section
3746.11 of the Revised Code, and criteria for the suspension and
revocation of those certifications. The director shall take an action regarding a certification as a final action. The issuance, denial, renewal,
suspension, and revocation of those certifications are subject to
Chapter 3745. of the Revised Code, and the director shall take
any such action regarding a certification as a final action except that, in lieu of publishing an action regarding a certification in a newspaper of general circulation as required in section 3745.07 of the Revised Code, such an action shall be published on the environmental protection agency's web site and in the agency's weekly review not later than fifteen days after the date of the issuance, denial, renewal, suspension, or revocation of the certification and not later than thirty days before a hearing or public meeting concerning the action.
The rules adopted under division (B)(5) of this section
shall do all of the following:
(a) Provide for the certification of environmental
professionals to issue no further action letters pertaining to
investigations and remedies in accordance with the criteria and
procedures set forth in the rules. The rules adopted under
division (B)(5)(a) of this section shall do at least all of the
following:
(i) Authorize the director to consider such factors as an
environmental professional's previous performance record
regarding such investigations and remedies and the environmental
professional's environmental
compliance history when determining whether to certify the
environmental professional;
(ii) Ensure that an application for certification is
reviewed in a timely manner;
(iii) Require the director to certify any environmental professional
who
the director determines complies with those criteria;
(iv) Require the director to deny certification for any environmental
professional who does not comply with those criteria.
(b) Establish an annual fee to be paid by environmental
professionals certified pursuant to the rules adopted under
division (B)(5)(a) of this section. The fee shall be established
at an amount calculated to defray the costs to the environmental
protection agency for the required reviews of the qualifications
of environmental professionals for certification and for the
issuance of the certifications.
(c) Develop a schedule for and establish requirements
governing the review by the director of the credentials of
environmental professionals who were deemed to be certified
professionals under division (D) of section 3746.07 of the
Revised Code in order to determine if they comply with the
criteria established in rules adopted under division (B)(5) of
this section. The rules adopted under division (B)(5)(c) of this
section shall do at least all of the following:
(i) Ensure that the review is conducted in a timely
fashion;
(ii) Require the director to certify any such environmental
professional who the director determines complies with those
criteria;
(iii) Require any such environmental professional initially to pay the
fee established in the rules adopted under division (B)(5)(b) of
this section at the time that the environmental professional is so
certified by
the director;
(iv) Establish a time period within which any such environmental
professional who does not comply with those criteria may obtain
the credentials that are necessary for certification;
(v) Require the director to deny certification for any
such environmental professional who does not comply with those criteria
and who
fails to obtain the necessary credentials within the established
time period.
(d) Require that any information submitted to the director
for the purposes of the rules adopted under division (B)(5)(a) or (c) of this section
comply with division (A) of section 3746.20 of the Revised Code;
(e) Authorize the director to suspend or revoke the
certification of an environmental professional if the
director finds that the environmental professional's performance
has resulted in the issuance of no
further action letters under section 3746.11 of the Revised Code
that are not consistent with applicable standards or finds that
the certified environmental professional has not substantially complied
with section 3746.31 of the Revised Code;
(f) Authorize the director to suspend for a period of not
more than five years or to permanently revoke a certified
environmental professional's certification for any violation of or
failure to
comply with an ethical standard established in rules adopted
under division (B)(5) of this section.;
(g) Require the director to revoke the certification of an
environmental professional if the director finds that the
environmental professional
falsified any information on the environmental
professional's application for certification
regarding the environmental professional's credentials or
qualifications or any other
information generated for the purposes of or use under this
chapter or rules adopted under it;
(h) Require the director permanently to revoke the
certification of an environmental professional who has violated
or is violating division (A) of section 3746.18 of the Revised
Code;
(i) Preclude the director from revoking the certification
of an environmental professional who only conducts investigations
and remedies at property contaminated solely with petroleum
unless the director first consults with the director of commerce.
(6) Criteria and procedures for the certification of
laboratories to perform analyses under this chapter and rules
adopted under it. The issuance, denial, suspension, and
revocation of those certifications are subject to Chapter 3745.
of the Revised Code, and the director of environmental protection
shall take any such action regarding a certification as a final
action.
The rules adopted under division (B)(6) of this section
shall do all of the following:
(a) Provide for the certification to perform analyses of
laboratories in accordance with the criteria and procedures
established in the rules adopted under division (B)(6)(a) of this
section and establish an annual fee to be paid by those
laboratories. The fee shall be established at an amount
calculated to defray the costs to the agency for the review of
the qualifications of those laboratories for certification and
for the issuance of the certifications. The rules adopted under
division (B)(6)(a) of this section may provide for the
certification of those laboratories to perform only particular
types or categories of analyses, specific test parameters or
group of test parameters, or a specific matrix or matrices under
this chapter.
(b) Develop a schedule for and establish requirements
governing the review by the director of the operations of
laboratories that were deemed to be certified laboratories under
division (E) of section 3746.07 of the Revised Code in order to
determine if they comply with the criteria established in rules
adopted under division (B)(6) of this section. The rules adopted
under division (B)(6)(b) of this section shall do at least all of
the following:
(i) Ensure that the review is conducted in a timely
fashion;
(ii) Require the director to certify any such laboratory
that the director determines complies with those criteria;
(iii) Require any such laboratory initially to pay the fee
established in the rules adopted under division (B)(6)(a) of this
section at the time that the laboratory is so certified by the
director;
(iv) Establish a time period within which any such
laboratory that does not comply with those criteria may make
changes in its operations necessary for the performance of
analyses under this chapter and rules adopted under it in order
to be certified by the director;
(v) Require the director to deny certification for any
such laboratory that does not comply with those criteria and that
fails to make the necessary changes in its operations within the
established time period.
(c) Require that any information submitted to the director
for the purposes of the rules adopted under division (B)(6)(a) or (b) of this section
comply with division (A) of section 3746.20 of the Revised Code;
(d) Authorize the director to suspend or revoke the
certification of a laboratory if the director finds that the
laboratory's
performance has resulted in the issuance of no further action
letters under section 3746.11 of the Revised Code that are not
consistent with applicable standards;
(e) Authorize the director to suspend or revoke the
certification of a laboratory if the director finds that the
laboratory falsified any information on its application for certification
regarding its credentials or qualifications;
(f) Require the director permanently to revoke the
certification of a laboratory that has violated or is violating
division (A) of section 3746.18 of the Revised Code.
(7) Information to be included in a no further action
letter prepared under section 3746.11 of the Revised Code,
including, without limitation, all of the following:
(a) A summary of the information required to be submitted
to the certified environmental professional preparing the no further
action
letter under division (C) of section 3746.10 of the Revised Code;
(b) Notification that a risk assessment was performed in
accordance with rules adopted under division (B)(2) of this
section if such an assessment was used in lieu of generic
numerical clean-up standards established in rules adopted under
division (B)(1) of this section;
(c) The contaminants addressed at the property, if any,
their source, if known, and their levels prior to remediation;
(d) The identity of any other person who performed work to
support the request for the no further action letter as provided
in division (B)(2) of section 3746.10 of the Revised Code and the
nature and scope of the work performed by that person;
(e) A list of the data, information, records, and
documents relied upon by the certified environmental professional in
preparing
the no further action letter.
(8) Methods for determining fees to be paid for the
following services provided by the agency under this chapter and
rules adopted under it:
(a) Site- or property-specific technical assistance in
developing or implementing plans in connection with a voluntary
action;
(b) Reviewing applications for and issuing consolidated
standards permits under section 3746.15 of the Revised Code and
monitoring compliance with those permits;
(c) Negotiating, preparing, and entering into agreements
necessary for the implementation and administration of this
chapter and rules adopted under it;
(d) Reviewing no further action letters, issuing covenants
not to sue, and monitoring compliance with any terms and
conditions of those covenants and with operation and maintenance
agreements entered into pursuant to those covenants, including,
without limitation, conducting audits of properties where
voluntary actions are being or were conducted under this chapter
and rules adopted under it.
The fees established pursuant to the rules adopted under
division (B)(8) of this section shall be at a level sufficient to
defray the direct and indirect costs incurred by the agency for
the administration and enforcement of this chapter and rules
adopted under it other than the provisions regarding the
certification of professionals and laboratories.
(9) Criteria for selecting the no further action letters
issued under section 3746.11 of the Revised Code that will be
audited under section 3746.17 of the Revised Code, and the scope
and procedures for conducting those audits. The rules adopted
under division (B)(9) of this section, at a minimum, shall
require the director to establish priorities for auditing no
further action letters to which any of the following applies:
(a) The letter was prepared by an environmental
professional who was deemed to be a certified professional under
division (D) of section 3746.07 of the Revised Code, but who does
not comply with the criteria established in rules adopted under
division (B)(5) of this section as determined pursuant to rules
adopted under division (B)(5)(d) of this section.;
(b) The letter was submitted fraudulently.;
(c) The letter was prepared by a certified environmental professional
whose certification subsequently was revoked in accordance with
rules adopted under division (B)(5) of this section, or analyses
were performed for the purposes of the no further action letter
by a certified laboratory whose certification subsequently was
revoked in accordance with rules adopted under division (B)(6) of
this section.;
(d) A covenant not to sue that was issued pursuant to the
letter was revoked under this chapter.;
(e) The letter was for a voluntary action that was
conducted pursuant to a risk assessment in accordance with rules
adopted under division (B)(2) of this section.;
(f) The letter was for a voluntary action that included as
remedial activities engineering controls or institutional controls or activity and use limitations authorized under section
3746.05 of the Revised Code.
The rules adopted under division (B)(9) of this section
shall provide for random audits of no further action letters to
which the rules adopted under divisions (B)(9)(a) to (f) of this
section do not apply.
(10) A classification system to characterize ground water
according to its capability to be used for human use and its
impact on the environment and a methodology that shall be used to
determine when ground water that has become contaminated from
sources on a property for which a covenant not to sue is
requested under section 3746.11 of the Revised Code shall be
remediated to the standards established in the rules adopted under division (B)(1) or
(2) of this section.
(a) In adopting rules under division (B)(10) of this
section to characterize ground water according to its capability
for human use, the director shall consider all of the following:
(i) The presence of legally enforceable, reliable
restrictions on the use of ground water, including, without
limitation, local rules or ordinances;
(ii) The presence of regional commingled contamination
from multiple sources that diminishes the quality of ground
water;
(iii) The natural quality of ground water;
(iv) Regional availability of ground water and reasonable
alternative sources of drinking water;
(v) The productivity of the aquifer;
(vi) The presence of restrictions on the use of ground
water implemented under this chapter and rules adopted under it;
(vii) The existing use of ground water.
(b) In adopting rules under division (B)(10) of this
section to characterize ground water according to its impacts on
the environment, the director shall consider both of the
following:
(i) The risks posed to humans, fauna, surface water,
sediments, soil, air, and other resources by the continuing
presence of contaminated ground water;
(ii) The availability and feasibility of technology to
remedy ground water contamination.
(11) Governing the application for and issuance of
variances under section 3746.09 of the Revised Code;
(12)(a) In the case of voluntary actions involving
contaminated ground water, specifying the circumstances under
which the generic numerical clean-up standards established in
rules adopted under division (B)(1) of this section and standards
established through a risk assessment conducted pursuant to rules
adopted under division (B)(2) of this section shall be
inapplicable to the remediation of contaminated ground water and
under which the standards for remediating contaminated ground
water shall be established on a case-by-case basis prior to the
commencement of the voluntary action pursuant to rules adopted
under division (B)(12)(b) of this section;
(b) Criteria and procedures for the case-by-case
establishment of standards for the remediation of contaminated
ground water under circumstances in which the use of the generic
numerical clean-up standards and standards established through a
risk assessment are precluded by the rules adopted under division
(B)(12)(a) of this section. The rules governing the procedures
for the case-by-case development of standards for the remediation
of contaminated ground water shall establish application, public
participation, adjudication, and appeals requirements and
procedures that are equivalent to the requirements and procedures
established in section 3746.09 of the Revised Code and rules
adopted under division (B)(11) of this section, except that the
procedural rules shall not require an applicant to make the
demonstrations set forth in divisions (A)(1) to (3) of section
3746.09 of the Revised Code.
(13) A definition of the evidence that constitutes
sufficient evidence for the purpose of division (A)(5) of section
3746.02 of the Revised Code.
At least thirty days before filing the proposed rules
required to be adopted under this section with the secretary of
state, director of the legislative service commission, and joint
committee on agency rule review in accordance with divisions (B)
and (H) of section 119.03 of the Revised Code, the director of
environmental protection shall hold at least one public meeting
on the proposed rules in each of the five districts into which
the agency has divided the state for administrative purposes.
Sec. 3746.071. (A) As used in this section, "certified
professional" means a certified professional deemed to be
certified under division (D) of section 3746.07 of the Revised
Code.
(B) A certified professional shall do all of the
following:
(1) Protect the safety, health, and welfare of the public
in the performance of his professional duties. If a circumstance
arises where the certified professional faces a situation where
the safety, health, or welfare of the public would not be
protected, he the certified professional shall do all of the
following:
(a) Sever his the relationship with his the certified
professional's employer or client;
(b) Refuse to accept responsibility for the design,
report, or statement involved;
(c) Notify the director of environmental protection if, in
the opinion of the certified professional, the situation is
sufficiently important.
(2) Undertake to perform assignments only when he the certified
professional or his the certified professional's consulting
support is qualified by training and experience in the
specific technical fields involved;
(3) Be completely objective in any professional report,
statement, or testimony. He The certified professional shall
include all relevant and pertinent information in the report, statement, or
testimony when the result of an omission would or reasonably could lead to a
fallacious conclusion.
(4) Express an opinion as a technical or expert witness
before any court, commission, or other tribunal only when it is
founded upon adequate knowledge of the facts in issue, upon a
background of technical competence in the subject matter, and
upon honest conviction of the accuracy and propriety of his the
testimony.
(C) A certified professional shall not issue statements,
criticisms, or arguments on matters connected with public policy
that are inspired or paid for by an interested party, unless he the
certified professional has prefaced his the remarks by
explicitly identifying himself the certified professional, by disclosing the identity
of the parties on whose behalf he the certified professional is
speaking, and by revealing the existence of any pecuniary interest he
the certified professional may have in the instant matters.
(D)(1) A certified professional shall conscientiously
avoid any conflict of interest with his the certified
professional's employer or client.
(2) A certified professional promptly shall inform his the
certified professional's employer or client of any business association,
interests, or circumstances that could influence his the certified
professional's judgment or the quality of his the certified
professional's service to his the employer or client.
(3) A certified professional shall not accept
compensation, financial or otherwise, from more than one party
for services on or pertaining to the same project, unless the
circumstances are fully disclosed to, and agreed to, by all
interested parties or their duly authorized agents.
(4) A certified professional shall not solicit or accept
financial or other valuable considerations from material or
equipment suppliers for specifying their products.
(5) A certified professional shall not solicit or accept
gratuities, directly or indirectly, from contractors, their
agents, or other parties dealing directly with his the certified
professional's employer or client in connection with the work for which
he the certified professional is responsible.
(E)(1) A certified professional shall not pay, solicit, or
offer, directly or indirectly, any bribe or commission for
professional employment with the exception of his payment of the
usual commission for securing salaried positions through licensed
employment agencies.
(2) A certified professional shall seek professional
employment on the basis of qualification and competence for
proper accomplishment of the work. A certified professional may
submit proposed fee information prior to his selection to serve
as a certified professional under this chapter and rules adopted
under it.
(3) A certified professional shall not falsify or permit
misrepresentation of his the certified professional's or
his the certified professional's associates' academic or
professional qualifications. He The certified professional
shall not misrepresent or exaggerate his the certified
professional's degree of responsibility in or for
the subject matter of prior assignments.
(4) Brochures or other presentations incident to the
solicitation of employment by a certified professional shall not
misrepresent pertinent facts concerning his the certified
professional's employers, employees, associates, or joint ventures, or
his or their the past accomplishments of any of them,
with the intent and purpose of enhancing his the certified
professional's qualifications for his the certified
professional's work.
(F)(1) A certified professional shall not sign or seal
professional work for which he the certified professional does
not have personal professional knowledge and direct supervisory control and
responsibility.
(2) A certified professional shall not knowingly associate
with, or permit the use of his the certified professional's own
name or his firm's the name of the certified professional's
firm in, a business venture by any person or firm that he the
certified professional knows, or has reason to believe, is engaging in
business or professional practices of a fraudulent or dishonest nature.
(3) If a certified professional has knowledge or reason to
believe that another person or firm has violated any of the
provisions of this chapter or any requirement of this section, he
the certified professional shall present the information to the
director in writing.
(G) The director, in accordance with Chapter 3745. rules adopted under section 3746.04 of the
Revised Code, may suspend for a period of not more than five
years or permanently revoke a certified professional's
certification for a violation of or failure to comply with any
requirement or obligation set forth in this section.
Sec. 3748.07. (A) Every facility that proposes to
handle radioactive material or radiation-generating equipment for which
licensure or registration, respectively, by its
handler is required shall apply in writing to the director of health on
forms prescribed and provided by the director for licensure or
registration. Terms and conditions of licenses and certificates
of registration may be amended in accordance with rules adopted under section
3748.04 of the Revised Code or orders issued by the director
pursuant to section 3748.05 of the Revised Code.
(B) Until rules are adopted under section 3748.04 of the
Revised Code, an application for a certificate of
registration shall be accompanied by a biennial registration fee of two
hundred eighteen dollars. On and after the effective date
of those rules, an applicant for a license, registration certificate, or
renewal of either shall pay the appropriate fee established in those rules.
All fees collected under this section shall be deposited in
the state treasury to the credit of the general operations fund
created in section 3701.83 of the Revised Code. The fees
shall be used solely to administer and enforce this chapter and rules adopted
under it.
Any fee required under this section that has not been paid within ninety
days after the invoice date shall be assessed at two times the original
invoiced fee. Any fee that has not been paid within one hundred eighty days
after
the invoice date shall be assessed at five times the original invoiced
fee.
(C) The director shall grant a license or registration to any
applicant who has paid the required fee and is in compliance with this
chapter and
rules adopted under it.
Until rules are adopted under section 3748.04 of the
Revised Code, certificates of registration shall be
effective for two years from the
date of issuance. On and after the effective date of
those rules, licenses and certificates of registration shall be effective for
the applicable period established in those rules. Licenses and certificates
of registration shall be renewed in accordance with the
standard renewal procedure established in Chapter 4745. of the
Revised Code.
Sec. 3748.13. (A) The director of health shall inspect sources of
radiation for which licensure or registration by the handler is
required, and the sources'
shielding and surroundings, according to the schedule established in
rules adopted under division (D) of section
3748.04 of the Revised Code. In accordance with rules
adopted under that section, the director shall inspect all
records and
operating procedures of handlers that install sources of
radiation and all sources of
radiation for which licensure of radioactive material or
registration of radiation-generating equipment by the
handler is required. The director may make other
inspections upon receiving complaints or other evidence of violation of this
chapter or rules adopted under it.
The director shall require any hospital
registered under division (A) of
section 3701.07 of the Revised Code to develop and maintain a
quality assurance program for all sources of radiation-generating equipment.
A certified radiation expert shall conduct oversight and maintenance of the
program and shall file a report of audits of the program with the director on
forms prescribed by the director. The audit reports shall become
part of the inspection record.
(B) Until rules are adopted under division (A)(8) of
section 3748.04 of the Revised Code, a
facility shall pay inspection fees according to the
following schedule and categories:
|
First dental x-ray tube |
|
$ 118.00 129.00 |
|
Each additional dental x-ray tube at the same location |
|
$ 59.00 64.00 |
|
First medical x-ray tube |
|
$ 235.00 256.00 |
|
Each additional medical x-ray tube at the same location |
|
$ 125.00 136.00 |
|
Each unit of ionizing radiation-generating equipment capable of
operating at or above 250 kilovoltage peak |
|
$ 466.00 508.00 |
|
First nonionizing radiation-generating equipment of any kind |
|
$ 235.00 256.00 |
|
Each additional nonionizing radiation-generating
equipment of any kind at the same location |
|
$ 125.00 136.00 |
|
Assembler-maintainer inspection consisting of an inspection of records
and operating procedures of handlers that install sources of radiation |
|
$ 291.00 317.00 |
Until rules are adopted under division (A)(8) of section
3748.04 of the Revised Code, the fee for an inspection to
determine whether violations
cited in a previous inspection have been corrected is fifty per
cent of the fee applicable under the schedule in this division.
Until those rules are adopted, the fee for the inspection of
a facility that is not licensed or registered
and for which no license or registration application is
pending at the time of inspection is three hundred
sixty-three ninety-five dollars plus the fee applicable under the
schedule in this division.
The director may conduct a review of
shielding plans or the adequacy of shielding on the request of a
licensee or registrant or an applicant for licensure or
registration or during an inspection when the director
considers a review to be necessary. Until rules are adopted under
division (A)(8) of section 3748.04 of the Revised Code,
the fee for the review is five six hundred eighty-three thirty-five dollars for each
room where a source of radiation is used and is in addition to any other fee
applicable under the schedule in this division.
All fees shall be paid to the department of health no later than
thirty days after the invoice for the fee is mailed. Fees shall
be deposited in the general operations fund created in section
3701.83 of the Revised Code. The fees shall be used solely to administer
and enforce this chapter and rules adopted under it.
Any fee required under this section that has not been paid
within ninety days after the invoice date shall be assessed at two times the
original invoiced fee. Any fee that has not been paid within one hundred
eighty days after the invoice date shall be assessed at five times the
original invoiced fee.
(C) If the director determines that a board of
health of a city or general health district is qualified to
conduct inspections of radiation-generating equipment, the
director may delegate to the board, by contract, the
authority to conduct such inspections. In making a
determination of the qualifications of a board of health to conduct those
inspections, the director shall evaluate the credentials of the
individuals who are to conduct the inspections of
radiation-generating equipment and the radiation
detection and measuring equipment available to them for that
purpose. If a contract is entered into, the board shall have the
same authority to make inspections of radiation-generating equipment as
the director has under this chapter and rules adopted under it. The
contract shall stipulate that only individuals approved by the
director as qualified shall be permitted to inspect radiation-generating
equipment under the contract's provisions. The contract shall
provide for such compensation for services as is agreed to by the
director and the board of health of the contracting health
district. The director may reevaluate the credentials of the
inspection personnel and their radiation detecting and measuring
equipment as often as the director considers necessary and may terminate
any contract with the board of health of any health district
that, in the director's opinion, is not satisfactorily
performing the terms of the contract.
(D) The director may enter at all reasonable times upon any public
or private property to determine compliance with this chapter and rules
adopted under it.
Sec. 3770.061. There is hereby created in the state treasury the charitable gaming oversight fund. The state lottery commission shall credit to the fund any money it receives from the office of the attorney general under any agreement the commission and the office have entered into under division (I) of section 2915.08 of the Revised Code. The commission shall use money in the fund to provide oversight, licensing, and monitoring of charitable gaming activities in this state in accordance with the agreement and Chapter 2915. of the Revised Code. Not later than the first day of July of each fiscal year, or as soon as possible thereafter, the commission may certify to the office of budget and management any unobligated fund balances not necessary to be used under this section. The commission may request the office of budget and management to transfer these balances to the lottery profits education fund for use in accordance with section 3770.06 of the Revised Code.
Sec. 3773.34. (A) The Ohio athletic commission shall adopt
and may amend or rescind rules in accordance with Chapter 119. of
the Revised Code, prescribing the conditions under which prize
fights and public boxing or wrestling matches or exhibitions may
be conducted, classifying
professional boxers by weight, and providing for the
administration of sections 3773.31 to 3773.57 of the Revised
Code. The rules may require that an applicant for a contestant's license
to participate in a public boxing match or exhibition take an HIV
test, as defined in section 3701.24 of the Revised Code, before being issued
the
contestant's license and may require that a licensed contestant take such an
HIV test before participating in a public boxing match or exhibition.
The commission, or the commission's executive director when authorized by the commission, may issue, deny, suspend, or revoke permits
to hold prize fights and public boxing or
wrestling matches or exhibitions, and. The commission may issue,
deny, suspend, or revoke licenses to persons engaged in any public
boxing match or exhibition as authorized by sections 3773.31 to 3773.57
of the Revised Code.
(B) In addition to the duties set forth in this chapter, the Ohio
athletic commission shall take action as necessary to carry out the provisions
of Chapter 4771. of the Revised Code governing athlete agents.
(C) On or before the thirty-first day of December of each
year, the commission shall make a report to the governor of its
proceedings for the year ending on the first day of December of
that calendar year, and may include in the report any
recommendations pertaining to its duties.
Sec. 3773.38. Each person who holds a promoter's license
issued under section 3773.36 of the Revised Code who desires to
conduct a public boxing or wrestling match or exhibition where
one or more contests
are to be held shall obtain a permit from the
Ohio athletic commission or the commission's executive director when the executive director is authorized by the commission to issue those types of permits. Application for such a permit shall
be made in writing and on forms prescribed by the commission, shall be filed
with the commission, and shall be accompanied by the permit fee
prescribed in section 3773.43 of the Revised Code.
The application for a permit issued under this section
shall include the date and starting time of the match or
exhibition, the address of the place where the match or
exhibition is to be held, the names of the contestants, the seating capacity
of the building or hall where the
exhibition is to be held, the admission charge or any other
charges, the amount of compensation or the percentage of gate
receipts to be paid to each contestant, the name and address of
the applicant, a copy of the current official rules that govern the
particular sport, and the serial number of the applicant's
promoter's license.
The commission, or the commission's executive director when authorized by the commission, may require the applicant to deposit with
the commission before a public boxing match or exhibition a
cash bond, certified check, bank draft, or surety bond in an amount equal to
five per cent of the estimated gross receipts from the match or exhibition.
Sec. 3773.39. (A) Upon receipt of an application for a
permit to hold a public boxing or wrestling match or exhibition
under section 3773.38 of the Revised Code, the Ohio athletic
commission, or the commission's executive director when authorized by the commission, shall determine
if the applicant holds a valid promoter's license issued pursuant
to section 3773.36 of the Revised Code. Upon receipt of an
application for a permit to hold a public boxing match or exhibition, the
commission, or the commission's executive director when authorized by the commission, also shall determine if the contestants are evenly and fairly
matched according to skill, experience, and weight so as to produce a fair and
sportsmanlike contest, and whether the applicant is
financially responsible and is able to pay to each contestant the
compensation or percentage of the gate receipts named in the
application. The commission, or the commission's executive director when authorized by the commission, may, if applicable, require
the applicant to deposit with it within forty-eight hours before the match or
exhibition the total compensation or estimated portion of gate receipts to
be paid all contestants named in the application made under
section 3773.38 of the Revised Code.
(B) If the commission, or the commission's executive director when authorized by the commission, determines that the applicant has
met all the requirements specified in division (A) of this
section, it the commission or executive director shall issue the applicant a permit to conduct the
match or exhibition. If the applicant fails to deposit any
compensation or portion of gate receipts required by the
commission, or executive director before the first contest of the match or exhibition is
held, the commission, or the commission's executive director when authorized by the commission, may revoke the permit and order the
applicant not to conduct the match or exhibition described in the
permit.
(C) Each permit issued pursuant to this section shall bear
the name and post office address of the applicant, the address of
the place where the public boxing or wrestling match or exhibition is
to be held, the date and starting time of the match or exhibition, and a
serial number designated by the commission.
A permit issued under this section shall allow the permit
holder to conduct only the match or exhibition named in the
permit. A permit is not transferable.
Sec. 3773.40. No person who holds a promoter's license to
conduct a public boxing match or exhibition under
section 3773.36 of the Revised Code shall:
(A) Hold any match or exhibition at any time or place
other than that stated on a permit issued under section 3773.38
of the Revised Code;
(B) Allow any contestant to participate in the match or
exhibition unless the contestant is the licensed contestant named in the
application for such permit or a licensed contestant authorized to
compete as a substitute for such a contestant by the inspector
assigned to the facility where the match or exhibition is held
for that match or exhibition;
(C) Charge a higher admission price for a match or
exhibition than that stated in the application;
(D) Pay a greater compensation or percentage of the gate
receipts to any contestant than that stated in the application.
The Ohio athletic commission, or the commission's executive director when authorized by the commission, upon application by a holder
of a permit under section 3773.38 of the Revised Code, may allow
the permit holder to hold the match or exhibition for which the
permit was issued at an alternative site that is within the same
municipal corporation or township and that offers substantially
similar seating facilities, or allow the permit holder to
substitute contestants or seconds, provided that the substitute
contestants are evenly matched with their opponents in skill,
experience, and weight.
Sec. 3773.57. The Ohio athletic commission and the commission's executive director shall not issue a license or
permit to conduct public boxing or wrestling matches or exhibitions in
a municipal corporation or the
unincorporated portion of a township if the commission or the commission's executive director determines that the
legislative authority of the municipal corporation or board of township
trustees has in effect an ordinance or resolution prohibiting such matches or
exhibitions.
Sec. 3781.07. There is hereby established in the
department of commerce a board of building standards
consisting of ten eleven members appointed by the governor
with the advice and consent of the senate. The board shall appoint
a secretary who shall serve in the unclassified civil service for a
term of six years at a salary fixed pursuant to Chapter 124. of
the Revised Code. The board may employ additional staff in the
classified civil service. The secretary may be removed by the
board under the rules the board adopts. Terms of office shall be for four
years, commencing on the
fourteenth day of October and ending on the thirteenth day of
October. Each member shall hold office from the date
of appointment until the end of the term for which the
member was
appointed. Any member appointed to fill a vacancy occurring
prior to the expiration of the term for which the member's
predecessor was
appointed shall hold office for the remainder of such term. Any
member shall continue in office subsequent to the
expiration date of the member's term until the
member's successor takes office, or
until a period of sixty days has elapsed, whichever occurs first.
One of the members
appointed to the board shall be an
attorney at law, admitted to the bar of this state; two shall be
registered architects; two shall be professional engineers, one
in the field of mechanical and one in the field of structural
engineering, each of whom shall be duly licensed to practice such
profession in this state; one shall be a person of recognized
ability, broad training, and fifteen years experience in problems
and practice incidental to the construction and equipment of
buildings specified in section 3781.06 of the Revised Code; one
shall be a person with recognized ability and experience in the
manufacture and construction of industrialized units as defined
in section 3781.06 of the Revised Code; one shall be a member of
the fire service with recognized ability and broad training in
the field of fire protection and suppression; one shall be a person with at
least ten years of experience and recognized expertise in building codes and
standards and the manufacture of construction materials; and one
shall be a
general contractor with experience in residential and commercial
construction; and one, chosen from a list of three names the Ohio municipal league submits to the governor, shall be the mayor of a municipal corporation in which the Ohio residential and nonresidential building codes are being enforced in the municipal corporation by a certified building department. Each member of the board, not otherwise required
to take an oath of office, shall take the oath prescribed by the
constitution. Each member shall
receive as compensation an amount fixed pursuant to division (J)
of section 124.15 of the Revised Code, and shall receive actual and
necessary expenses in the performance of official
duties. The amount of such expenses shall be certified by the
secretary of the board and paid in the same manner as the
expenses of employees of the department of commerce are paid.
Sec. 3781.10. (A)(1) The board of building standards shall formulate and adopt rules governing the erection,
construction, repair, alteration, and maintenance of all
buildings
or classes of buildings specified in section 3781.06 of
the
Revised Code, including land area incidental to those buildings, the
construction of industrialized units, the installation of
equipment, and the standards or requirements for materials
used in connection with those buildings. The board shall incorporate those rules into
separate residential and nonresidential building codes. The
standards shall relate to the
conservation of energy and the
safety and sanitation of
those
buildings.
(2) The rules governing nonresidential buildings are
the
lawful minimum
requirements
specified for those buildings and industrialized
units,
except that
no rule other than as provided in division (C) of
section
3781.108 of
the Revised Code that specifies a higher
requirement
than is
imposed by any section of the Revised Code
is
enforceable. The rules governing residential buildings are uniform requirements for residential buildings in any area with a building department certified to enforce the state residential building code. In no case shall any local code or regulation differ from the state residential building code unless that code or regulation addresses subject matter not addressed by the state residential building code or is adopted pursuant to section 3781.01 of the Revised Code.
(3) The rules adopted pursuant to this section are complete,
lawful
alternatives to
any requirements specified for
buildings or
industrialized
units in any section of the Revised
Code. The
board shall, on
its own motion or on application
made under
sections 3781.12 and
3781.13 of the Revised Code,
formulate,
propose, adopt, modify,
amend, or repeal the rules to
the extent
necessary or desirable to
effectuate the purposes of
sections
3781.06 to 3781.18 of the
Revised Code.
(B) The board shall report to the general assembly proposals for
amendments to existing statutes relating to the purposes declared
in section 3781.06 of the Revised Code that public health and
safety
and the development of the arts require and shall recommend any
additional
legislation to assist in carrying
out fully, in
statutory form, the purposes declared in that
section. The board shall prepare
and submit to the general assembly a summary
report of the number,
nature, and disposition of the petitions
filed under sections
3781.13 and 3781.14 of the Revised Code.
(C) On its own motion or on application
made under sections 3781.12 and 3781.13 of the Revised Code, and
after thorough testing and evaluation, the board shall determine by rule that any particular
fixture,
device, material, process of manufacture, manufactured
unit or
component, method of manufacture, system, or method of
construction complies with performance standards adopted
pursuant
to section 3781.11 of the Revised Code. The board shall make its determination with regard to
adaptability for safe and sanitary erection, use, or
construction,
to that described in any section of the Revised
Code, wherever the
use of a fixture, device, material, method of
manufacture, system,
or method of construction described
in that section of
the Revised Code is permitted by law. The board shall
amend or annul any rule or issue an
authorization for the use
of a new material or manufactured unit on any like application. No department,
officer, board, or commission of the state
other than the board of
building standards or the board of
building appeals shall permit
the use of any fixture, device,
material, method of manufacture,
newly designed product, system,
or method of construction at
variance with what is described in
any rule the board of building standards adopts or
issues or that is authorized by any
section of the Revised Code. Nothing in this
section shall be
construed as requiring approval, by rule, of
plans for an
industrialized unit that conforms with the rules
the
board of building standards adopts pursuant to section
3781.11 of the
Revised Code.
(D) The board shall recommend rules, codes, and standards to help carry out the purposes of section 3781.06 of the Revised Code and to help secure uniformity of state administrative rulings and local legislation and administrative action to the bureau of workers' compensation, the
director of commerce, any other department, officer, board,
or
commission of the state, and to legislative authorities and
building departments of counties, townships, and municipal
corporations, and shall recommend that they audit those recommended rules, codes, and standards by any appropriate action that they are allowed pursuant to law or the constitution.
(E)(1) The board shall certify municipal, township, and county building
departments and the personnel of those building departments, and persons and employees of individuals, firms, or corporations as described in division (E)(7) of this section to exercise enforcement authority, to accept and
approve plans and specifications, and to make inspections,
pursuant to sections 3781.03, 3791.04, and 4104.43 of the Revised Code.
(2) The board shall certify departments, personnel, and persons to enforce the state residential building code, to enforce the nonresidential building code, or to enforce both the residential and the nonresidential building codes. Any department, personnel, or person may enforce only the type of building code for which certified.
(3) The board shall not require a building department, its personnel, or any persons that it employs to be certified for residential building code enforcement if that building department does not enforce the state residential building code. The board shall specify, in rules adopted pursuant
to Chapter 119. of the Revised Code, the requirements for certification for residential and nonresidential building code enforcement, which shall
be consistent with this division. The requirements for residential and nonresidential certification may differ. Except as otherwise provided
in
this division, the requirements shall include, but are not
limited
to, the satisfactory completion of an initial examination
and, to remain certified, the completion of a specified
number of
hours of continuing building code education within each
three-year
period following the date of certification which shall be not less than
thirty hours. The rules
shall provide that continuing education credits and
certification
issued by the council of American building
officials, national
model code organizations, and agencies or
entities
the board recognizes are acceptable for purposes of
this division. The rules shall
specify requirements that are
compatible, to the extent possible,
with requirements the council of American building
officials and national model
code organizations establish.
(4) The board shall
establish and collect a
certification and renewal fee for building
department personnel,
and persons and employees of persons, firms,
or corporations as
described in this
section, who are certified
pursuant to this division.
(5) Any individual certified pursuant to this division shall
complete the number of hours of continuing building code
education
that the board requires or, for failure to do so,
forfeit certification.
(6) This division does not require or authorize the
board to certify personnel of municipal, township,
and county
building departments, and persons and employees of
persons, firms,
or corporations as described in this
section, whose responsibilities do not include
the exercise of
enforcement authority, the approval of plans and
specifications,
or making inspections under the state residential and nonresidential
building codes.
(7) Enforcement authority for approval of plans and
specifications and enforcement authority for inspections may be exercised, and plans and specifications may
be approved and inspections may be made on behalf of a municipal corporation, township, or
county, by any of the following who the board of
building standards certifies:
(a) Officers or employees of the municipal corporation,
township, or county;
(b) Persons, or employees of persons, firms, or
corporations, pursuant to a
contract to furnish architectural or, engineering, or other services to the
municipal corporation, township, or county;
(c) Officers or employees of, and persons under contract with, a municipal
corporation, township, county, health district, or other
political
subdivision, pursuant to a contract to furnish architectural or, engineering, or other
services.
(8) Municipal, township, and county building departments
have jurisdiction within the meaning of sections 3781.03,
3791.04, and 4104.43 of the Revised Code, only with respect to the types
of
buildings and subject matters for which they are
certified
under this section.
(9) Certification shall be granted upon application by the
municipal corporation, the board of township trustees, or the
board of county commissioners and approval of that application by
the board of building standards. The application shall set
forth:
(a)
Whether the
certification is requested
for residential or nonresidential
buildings, or both;
(b) The number and qualifications of the staff composing
the
building department;
(c) The names, addresses, and qualifications of persons,
firms, or corporations contracting to furnish work or services
pursuant to division (E)(7)(b) of this section;
(d) The names of any other municipal corporation, township,
county, health district, or political subdivision under contract to furnish work or services pursuant to division (E)(7) of this section;
(e) The proposed budget for the operation of
the
building department.
(10) The board of building standards shall adopt rules
governing all of the following:
(a) The certification of building department personnel and
persons and employees of persons, firms, or corporations
exercising authority pursuant to division (E)(7) of this
section. The rules shall disqualify any employee of the department or person who contracts
for services with the department from performing
services for the department when that
employee or person would have to
pass upon, inspect, or otherwise exercise
authority over any labor,
material, or equipment
the employee or person furnishes for the
construction,
alteration, or maintenance
of a building or the
preparation of working drawings or
specifications for work within
the jurisdictional area of the
department. The department shall
provide other similarly
qualified personnel to enforce the
residential and nonresidential
building codes as they pertain to that
work.
(b) The minimum services to be provided by a certified
building department.
(11) The board of building standards may revoke or suspend certification to enforce the
residential and
nonresidential building
codes, on petition to the board by any
person affected by that enforcement or
approval of plans, or by
the board on its own motion. Hearings
shall be held and appeals
permitted on any proceedings for
certification or
revocation or suspension of certification in
the same manner as
provided in section 3781.101 of the Revised
Code for other
proceedings of the board of building standards.
(12) Upon certification, and until that authority is
revoked, any
county or township building department shall enforce
the
residential and nonresidential building codes for which it is certified without regard to
limitation upon the
authority of boards of
county commissioners
under Chapter 307. of
the Revised Code or
boards of township
trustees under Chapter 505.
of the Revised
Code.
(F) In addition to hearings
sections 3781.06 to 3781.18 and 3791.04 of the Revised Code require,
the board of building standards shall
make investigations and tests, and require from other
state
departments, officers, boards, and commissions
information
the board considers necessary or desirable to assist it
in the discharge of any duty or the
exercise of any power
mentioned in this section or in sections
3781.06 to 3781.18,
3791.04, and 4104.43 of the Revised Code.
(G) The board shall adopt rules and establish reasonable fees for the
review of all applications submitted where the applicant applies
for authority to use a new material, assembly, or product of a
manufacturing process. The fee shall bear some
reasonable relationship to the cost of the review or testing of
the materials, assembly, or products and for the notification
of
approval or disapproval as provided in section 3781.12 of the
Revised Code.
(H)
The residential
construction advisory committee shall provide the board with a proposal for a state residential building code that
the committee recommends pursuant to division (C)(1) of section
4740.14 of the Revised Code. Upon receiving a recommendation
from the committee that is acceptable to the board, the board
shall adopt rules establishing that code as the state
residential building code.
(I) The board shall cooperate with the director of job and family services
when the
director promulgates rules pursuant to section 5104.05 of
the
Revised Code regarding safety and sanitation in type A family
day-care homes.
(J) The board shall adopt rules to implement the requirements of section
3781.108 of the Revised Code.
Sec. 3781.102. (A) Any county or municipal building
department certified pursuant to division (E) of section 3781.10
of the Revised Code as of September 14, 1970, and
that, as
of
that date, was inspecting single-family,
two-family, and
three-family residences, and any township building department
certified pursuant to division (E) of section 3781.10 of the
Revised Code, is hereby declared to be certified to inspect
single-family, two-family, and three-family residences containing
industrialized units, and shall inspect
the buildings or classes of buildings subject to
division (E) of section 3781.10 of the Revised Code.
(B) Each board of county commissioners may adopt, by
resolution,
rules establishing standards and providing for the
licensing of
electrical and heating, ventilating, and air
conditioning
contractors who are not required to hold a valid and
unexpired license
pursuant to Chapter 4740. of the Revised Code.
Rules adopted by a board of county commissioners pursuant
to
this division may be enforced within the unincorporated areas
of
the county and within any municipal corporation where the
legislative authority of the municipal corporation has contracted
with the board for the enforcement of the county rules within the
municipal corporation pursuant to section 307.15 of the Revised
Code. The rules shall not conflict with rules adopted by the
board of building standards pursuant to section 3781.10 of the
Revised Code or by the department of commerce pursuant to Chapter
3703. of the Revised Code. This division does not impair or
restrict the power of municipal corporations under Section 3 of
Article XVIII, Ohio Constitution, to adopt rules concerning
the
erection, construction, repair, alteration, and maintenance
of
buildings and structures or of establishing standards and
providing for the licensing of specialty contractors pursuant to
section
715.27 of the Revised Code.
A board of county commissioners, pursuant to this
division,
may require all electrical contractors and
heating, ventilating,
and air conditioning contractors, other than
those who hold a
valid and unexpired license issued pursuant to
Chapter 4740. of
the Revised Code, to
successfully complete an examination, test,
or demonstration of
technical skills, and may impose a fee and
additional requirements
for a license to engage in their
respective occupations within
the jurisdiction of the board's
rules under this division.
(C) No board of county commissioners shall require any
specialty contractor who holds a
valid and unexpired
license
issued pursuant to
Chapter 4740.
of the
Revised Code to
successfully complete an
examination, test, or demonstration of
technical skills in order
to engage in the
type of contracting
for which the license is held,
within the unincorporated areas of
the county and within any
municipal corporation whose legislative
authority has contracted
with the board for the enforcement of
county regulations within
the municipal corporation, pursuant to
section 307.15 of the
Revised
Code.
(D) A board may impose a fee
for registration of a
specialty contractor who holds a valid and unexpired
license
issued pursuant to
Chapter 4740. of the Revised Code before that
specialty contractor may engage
in the type of contracting for
which the license is held within the
unincorporated areas of the
county and within any
municipal corporation whose legislative
authority has contracted
with the board for the enforcement of
county regulations within
the municipal corporation, pursuant to
section 307.15 of the
Revised
Code, provided that the fee
is the
same for all
specialty contractors who
wish to engage in that
type of contracting. If
a board imposes such a fee, the board
immediately shall permit a specialty contractor who presents
proof of holding a
valid and
unexpired
license and pays the
required fee to
engage in the type of contracting
for which
the
license is held within the
unincorporated areas of the county and
within any municipal corporation
whose legislative authority has
contracted with the board for the enforcement
of county
regulations within the municipal corporation, pursuant to section
307.15 of the Revised Code.
(E) The political subdivision associated with each
municipal, township, and county building department
the board of building standards certifies pursuant to division (E) of
section 3781.10 of the Revised Code may prescribe fees to be paid
by persons, political subdivisions, or any department, agency,
board, commission, or institution of the state, for the
acceptance
and approval of plans and specifications, and for the
making of
inspections, pursuant to sections 3781.03 and 3791.04
of the
Revised Code.
(F) Each political subdivision that prescribes fees
pursuant
to
division (E) of this section shall collect, on behalf of
the
board of
building standards, fees equal to the following:
(1) Three per cent of the
fees the political subdivision collects in connection with nonresidential buildings;
(2) One per cent of the fees the political subdivision collects in connection with residential buildings.
(G)(1) The board
shall adopt rules, in accordance with Chapter
119. of the Revised Code,
specifying the manner in which the fee
assessed pursuant to division
(F) of this section shall be
collected and remitted
monthly to the board. The board shall pay the fees into the state treasury to the credit of
the industrial compliance operating fund created in section
121.084 of the
Revised Code.
(2) All money credited to the industrial compliance operating fund under this division shall be
used
exclusively for the following:
(a) Operating costs of the board;
(b) Providing services, including educational programs, for
the building
departments that are certified by the board pursuant
to division (E)
of section 3781.10 of the Revised Code;
(c) Paying the expenses of the residential construction advisory committee, including the expenses of committee members as provided in section 4740.14 of the Revised Code.
(H) A board of county commissioners that adopts rules
providing
for the licensing of electrical and heating,
ventilating, and air
conditioning contractors, pursuant to
division (B) of this
section, may accept, for purposes of
satisfying the requirements of rules adopted under that
division,
a valid and unexpired license issued pursuant to Chapter
4740. of
the Revised Code that is held by an electrical or
heating,
ventilating, and air conditioning contractor, for the
construction, replacement, maintenance, or repair of one-family,
two-family, or three-family dwelling houses or accessory
structures incidental to those dwelling houses.
(I) A board of county commissioners shall not register a specialty contractor who is required to hold a license under Chapter 4740. of the Revised Code but does not hold a valid license issued under that chapter.
(J) As used in this section, "specialty contractor" means a
heating, ventilating, and air conditioning contractor,
refrigeration contractor, electrical contractor, plumbing
contractor, or
hydronics contractor, as those contractors are described in Chapter 4740. of the Revised Code.
Sec. 3781.191. The Ohio board of building appeals has no authority to hear any case based on the Ohio residential building code or to grant any variance to the Ohio residential building code.
Sec. 3793.09. (A) There is hereby created the council on
alcohol and drug addiction services which shall consist of the
public officials specified in division (B) of this section, or
their designees, and thirteen members appointed by the governor
with the advice and consent of the senate. The members appointed
by the governor shall be representatives of the following:
boards of alcohol, drug addiction, and mental health services;
the criminal and juvenile justice systems; and alcohol and drug
addiction programs. At least four of the appointed members shall
be persons who have received or are receiving alcohol or drug
addiction services or are parents or other relatives of such
persons; of these at least two shall be women and at least one
shall be a member of a minority group.
The governor shall make initial appointments to the council
not later than thirty days after October 10, 1989. Of the
initial appointments,
six shall
be for terms ending July 31, 1991, and seven shall be for terms
ending July 31, 1992. Thereafter, terms of office shall be two
years, with each term ending on the same day of the same month as
the term it succeeds. Each member shall hold office from the
date of the member's appointment until the end of the term for
which the member was appointed. Members may be reappointed.
Vacancies shall be
filled in the same manner as original appointments. Any member
appointed to fill a vacancy occurring prior to the expiration of
the term for which the member's predecessor was appointed shall
hold
office as a member for the remainder of the term. A member shall
continue in office subsequent to the expiration of the member's
term until
the member's successor takes office or until a period of sixty days
has
elapsed, whichever occurs first.
(B) The directors of health, public safety, mental health,
rehabilitation and correction, and youth
services; the superintendents of public instruction
and liquor control; the attorney
general; the adjutant general; and the executive director of the office division of
criminal justice services in the department of public safety shall be voting members of the council,
except that any of these officials may designate an individual to
serve in the official's place as a voting member of the council.
The
director of alcohol and drug addiction services shall serve as a
nonvoting member of the council.
(C) The governor shall annually appoint a chairman chairperson
from among the members of the council. The council shall meet
quarterly and at other times the chairman chairperson considers
necessary.
In addition to other duties specified in this chapter, the
council shall review the development of the comprehensive
statewide plan for alcohol and drug addiction services, revisions
of the plan, and other actions taken to implement the purposes of
this chapter by the department of alcohol and drug addiction
services and shall act as an advisory council to the director of
alcohol and drug addiction services.
(D) Members of the council shall serve without
compensation, but shall be paid actual and necessary expenses
incurred in the performance of their duties.
Sec. 3901.021. (A) Three-fourths of all appointment
and other
fees collected under
section 3905.10, and division (B) of section
3905.20, and
division
(A)(6) of
section
3905.40 of the
Revised
Code
shall be paid into
the
state treasury to the credit of the
department of insurance
operating fund, which is hereby created.
The remaining
one-fourth
shall be credited to the general revenue
fund. All Other revenues collected by the superintendent of insurance, such as registration fees for sponsored seminars or conferences and grants from private entities, shall be paid into the state treasury to the credit of the department of insurance operating fund.
(B) Seven-tenths of all fees collected under divisions (A)(2), (A)(3), and (A)(6) of section 3905.40 of the Revised Code shall be paid into the state treasury to the credit of the department of insurance operating fund. The remaining three-tenths shall be credited to the general revenue fund.
(C) All operating
expenses of the department of insurance
except
those expenses
defined under section 3901.07 of the Revised
Code
shall be paid
from the department of insurance operating
fund.
Sec. 3901.17. (A) As used in this section:
(1) "Captive insurer" has the meaning defined in section 3905.36 of the Revised Code.
(2) "Insurer" includes, but is not limited to, any person
that is an affiliate of or affiliated with the insurer, as
defined in division (A) of section 3901.32 of the Revised Code,
and any person that is a subsidiary of the insurer as defined in
division (F) of section 3901.32 of the Revised Code.
(2)(3) "Laws of this state relating to insurance" has the
meaning defined in division (A)(1) of section 3901.04 of the
Revised Code.
(3)(4) "Person" has the meaning defined in division (A) of
section 3901.19 of the Revised Code.
(B) Any of the following acts in this state, effected by
mail or otherwise, by any foreign or alien insurer not authorized
to transact business within this state, any nonresident person
acting on behalf of an insurer, or any nonresident insurance
agent subjects the insurer, person, or agent to the exercise of
personal jurisdiction over the insurer, person, or agent to the
extent permitted by the constitutions of this state and of the
United States:
(1) Issuing or delivering contracts of insurance to
residents of this state or to corporations authorized to do
business therein;
(2) Making or proposing to make any insurance contracts;
(3) Soliciting, taking, or receiving any application for
insurance;
(4) Receiving or collecting any premium, commission,
membership fee, assessment, dues, or other consideration for any
insurance contract or any part thereof;
(5) Disseminating information as to coverage or rates,
forwarding applications, inspecting risks, fixing rates,
investigating or adjusting claims or losses, transacting any
matters subsequent to effecting a contract of insurance and
arising out of it;
(6) Doing any kind of business recognized as constituting
the doing of an insurance business under Title XXXIX of the
Revised Code or subject to regulation by the superintendent of
insurance under the laws of this state relating to insurance.
Any such act shall be considered to be the doing of an
insurance business in this state by such insurer, person, or
agent and shall be its agreement that service of any lawful
subpoena, notice, order, or process is of the same legal force
and validity as personal service of the subpoena, notice,
order,
or process in this state upon the insurer, person, or
agent.
(C) Service of process in judicial proceedings shall be as
provided by the Rules of Civil Procedure. Service in or out of
this state of notice, orders, or subpoenas in administrative
proceedings before the superintendent shall be as
provided in section 3901.04 of the Revised Code.
(D) Service of any notice, order, subpoena, or process in
any such action, suit, or proceeding shall, in addition to the
manner provided in division (C) of this section, be valid if
served upon any person within this state who, in this state on
behalf of such insurer, person, or agent is or has been:
(1) Soliciting, procuring, effecting, or negotiating for
insurance;
(2) Making, issuing, or delivering any contract of
insurance;
(3) Collecting or receiving any premium, membership fees,
assessment, dues, or other consideration for insurance;
(4) Disseminating information as to coverage or rates,
forwarding applications, inspecting risks, fixing rates,
investigating or adjusting claims or losses, or transacting any
matters subsequent to effecting a contract of insurance and
arising out of it.
(E) Nothing in this section shall limit or abridge the
right to serve any subpoena, order, process, notice, or demand
upon any insurer, person, or agent in any other manner permitted
by law.
(F) Every person investigating or adjusting any loss or
claim under a policy of insurance not excepted under division (I)
of this section and issued by any such insurer and covering a
subject of insurance that was resident, located, or to be
performed in this state at the time of issuance shall immediately
report the policy to the superintendent.
(G) Each such insurer that does any of the acts set forth
in division (B) of this section in this state by mail or
otherwise shall be subject to a tax of five per cent on the gross
premiums, membership fees, assessments, dues, and other
considerations received on all contracts of insurance covering
subjects of insurance resident, located, or to be performed
within this state. Such insurer shall annually, on or before
the first day
of July, pay such
tax to the
treasurer of state, as calculated on a form prescribed by
the treasurer of state.
If the tax is not paid when due,
the tax shall be increased by a penalty of twenty-five per
cent.
An interest charge computed as set forth in section 5725.221 of
the Revised Code shall be made on the entire sum of the tax plus
penalty, which interest shall be computed from the date the
tax
is due until it is paid. The treasurer of state
shall determine and
report all claims for penalties and interest accruing under this
section to the attorney general for collection.
For purposes of this division, payment is considered
made when it is received by the treasurer of state, irrespective
of any United
States postal service marking
or other stamp or mark indicating the date on which the payment
may have been mailed.
(H) No contract of insurance effected in this state by
mail or otherwise by any such insurer is enforceable by
the insurer.
(I) This section does not apply to:
(1) Insurance obtained pursuant to sections 3905.30 to
3905.36 of the Revised Code;
(2) The transaction of reinsurance by insurers;
(3) Transactions in this state involving a policy
solicited, written, and delivered outside this state covering
only subjects of insurance not resident, located, or to be
performed in this state at the time of issuance, provided such
transactions are subsequent to the issuance of the policy;
(4) Transactions in this state involving a policy of group
life or group accident and sickness insurance solicited, written,
and delivered outside this state;
(5) Transactions involving contracts of insurance
independently procured through negotiations occurring entirely
outside this state which are reported to the superintendent and with respect to
which the tax provided by section
3905.36 of the Revised Code is paid;
(6) An attorney at law acting on behalf of the attorney's
clients in the adjustment of claims or losses;
(7) Any Except as provided in division (G) of this section, any insurance company underwriter issuing contracts of
insurance to employer insureds or contracts
of insurance issued to an employer insured. For purposes of this
section, an "employer insured" is an insured to whom all of the
following apply:
(a) The insured procures the insurance of any risk or risks
by use
of the services of a full-time employee acting as an insurance
manager or buyer or the services of a regularly and continuously
qualified insurance consultant. As used in division
(I)(7)(a)
of this section, a "regularly and continuously qualified
insurance consultant" does not include any person licensed under
Chapter 3905. of the
Revised
Code.
(b) The insured's aggregate annual premiums for insurance
on all
risks total at least twenty-five thousand dollars; and
(c) The insured has at least twenty-five full-time
employees.
(8) Ocean marine insurance;
(9) Transactions involving policies issued by a captive insurer.
Sec. 3901.3814. Sections 3901.38 and 3901.381 to
3901.3813
of the Revised Code do not apply to the following:
(A) Policies offering coverage that is regulated
under
Chapters 3935. and 3937. of the Revised Code;
(B) An employer's self-insurance plan and any of its
administrators, as defined in section 3959.01 of the Revised Code,
to the extent that federal law supersedes,
preempts, prohibits, or
otherwise precludes the application of any
provisions of those
sections to the plan and its administrators;
(C)(1) A third-party payer for coverage provided under the
medicare plus choice or medicaid programs advantage program operated under Title
XVIII and XIX of the "Social Security Act," 49 Stat. 620 (1935),
42 U.S.C.A. 301, as amended;
(2) A third-party payer for coverage provided under the medicaid program operated under Title XIX of the Social Security Act, except that if a federal waiver applied for under section 5101.93 of the Revised Code is granted or the director of job and family services determines that this provision can be implemented without a waiver, sections 3901.38 and 3901.381 to 3901.3813 of the Revised Code apply to claims submitted electronically or non-electronically that are made with respect to coverage of medicaid recipients by health insuring corporations licensed under Chapter 1751. of the Revised Code.
(D) A third-party payer for coverage provided under the
tricare program offered by the United States department of
defense.
Sec. 3901.78. Upon the filing of each of its annual
statements, or as soon
thereafter as practicable, the
superintendent of insurance shall issue to each
insurance company
or association authorized to do business in this state but not incorporated under the laws of this state a
certificate of compliance, an original of which must be published in accordance with section 3901.781 of the Revised Code in every county where the insurance company or association has an agency. Upon request or in any other circumstance that the superintendent of insurance determines to be appropriate, the superintendent may issue other certificates of compliance, which certificates are not subject to section 3901.781 of the Revised Code, to insurance companies and associations authorized to do business in this state. Certificates of compliance either must, which shall be on either forms established by the national association of insurance commissioners or on such other forms as the superintendent may prescribe.
Sec. 3903.14. (A) The superintendent of insurance as
rehabilitator may appoint one or more special deputies, who shall
have all the powers and responsibilities of the rehabilitator
granted under this section, and the superintendent may employ
such clerks and assistants as considered necessary. The
compensation of the special deputies, clerks, and assistants and
all expenses of taking possession of the insurer and of
conducting the proceedings shall be fixed by the superintendent,
with the approval of the court and shall be paid out of the funds
or assets of the insurer. The persons appointed under this
section shall serve at the pleasure of the superintendent. In
the event that the property of the insurer does not contain
sufficient cash or liquid assets to defray the costs incurred,
the superintendent may advance the costs so incurred out of any
appropriation for the maintenance of the department of insurance.
Any amounts so advanced for expenses of administration shall be
repaid to the superintendent for the use of the department out of
the first available money of the insurer.
(B) The rehabilitator may take such action as he the
rehabilitator considers necessary or appropriate to reform and revitalize
the insurer. He The rehabilitator shall have all the powers of
the directors, officers, and
managers, whose authority shall be suspended, except as they are
redelegated by the rehabilitator. He The rehabilitator shall
have full power to direct and manage, to hire and discharge employees subject
to any contract rights they may have, and to deal with the property and
business of the insurer.
(C) If it appears to the rehabilitator that there has been
criminal or tortious conduct, or breach of any contractual or
fiduciary obligation detrimental to the insurer by any officer,
manager, agent, director, trustee, broker, employee, or other
person, he the rehabilitator may pursue all appropriate legal
remedies on behalf of the insurer.
(D) If the rehabilitator determines that reorganization,
consolidation, conversion, reinsurance, merger, or other
transformation of the insurer is appropriate, he the
rehabilitator shall prepare a plan to effect such changes. Upon
application of the
rehabilitator for approval of the plan, and after such notice and
hearings as the court may prescribe, the court may either approve
or disapprove the plan proposed, or may modify it and approve it
as modified. Any plan approved under this section shall be, in
the judgment of the court, fair and equitable to all parties
concerned. If the plan is approved, the rehabilitator shall
carry out the plan. In the case of a life insurer, the plan
proposed may include the imposition of liens upon the policies of
the company, if all rights of shareholders are first
relinquished. A plan for a life insurer may also propose
imposition of a moratorium upon loan and cash surrender rights
under policies, for such period and to such an extent as may be
necessary.
(E) In the case of a medicaid health insuring corporation that has posted a bond or deposited securities in accordance with section 1751.271 of the Revised Code, the plan proposed under division (D) of this section may include the use of the proceeds of the bond or securities to first pay the claims of contracted providers for covered health care services provided to medicaid recipients, then next to pay other claimants with any remaining funds, consistent with the priorities set forth in sections 3903.421 and 3903.42 of the Revised Code.
(F) The rehabilitator shall have the power under sections
3903.26 and 3903.27 of the Revised Code to avoid fraudulent
transfers.
(G) As used in this section:
(1) "Contracted provider" means a provider with a contract with a medicaid health insuring corporation to provide covered health care services to medicaid recipients.
(2) "Medicaid recipient" means a person eligible for assistance under the medicaid program operated pursuant to Chapter 5111. of the Revised Code.
Sec. 3903.42. The priority of distribution of claims from
the insurer's estate shall be in accordance with the order in
which each class of claims is set forth in this section. Every
claim in each class shall be paid in full or adequate funds
retained for such payment before the members of the next class
receive any payment. No subclasses shall be established within
any class. The order of distribution of claims shall be:
(A) Class 1. The costs and expenses of administration,
including but not limited to the following:
(1) The actual and necessary costs of preserving or
recovering the assets of the insurer;
(2) Compensation for all services rendered in the
liquidation;
(3) Any necessary filing fees;
(4) The fees and mileage payable to witnesses;
(5) Reasonable attorney's fees;
(6) The reasonable expenses of a guaranty association or
foreign guaranty association in handling claims.
(B) Class 2. All claims under policies for losses
incurred, including third party claims, all claims of contracted providers against a medicaid health insuring corporation for covered health care services provided to medicaid recipients, all claims against the
insurer for liability for bodily injury or for injury to or
destruction of tangible property that are not under policies, and
all claims of a guaranty association or foreign guaranty
association. All claims under life insurance and annuity
policies, whether for death proceeds, annuity proceeds, or
investment values, shall be treated as loss claims. That portion
of any loss, indemnification for which is provided by other
benefits or advantages recovered by the claimant, shall not be
included in this class, other than benefits or advantages
recovered or recoverable in discharge of familial obligations of
support or by way of succession at death or as proceeds of life
insurance, or as gratuities. No payment by an employer to an
employee shall be treated as a gratuity. Claims under
nonassessable policies for unearned premium or other premium
refunds.
(C) Class 3. Claims of the federal government.
(D) Class 4. Debts due to employees
for services performed to the extent that they do not exceed one thousand
dollars and represent payment for services performed within one year before
the filing of the complaint for liquidation. Officers and directors shall not
be entitled to the benefit of this priority. Such priority shall be in lieu
of any other similar priority that may be authorized by law as to wages or
compensation of employees.
(E) Class 5. Claims of general creditors.
(F) Class 6. Claims of any state or local government. Claims, including
those of any state or local governmental body for a penalty or forfeiture,
shall be allowed in this class only to the extent of the pecuniary loss
sustained from the act, transaction, or proceeding out of which the penalty or
forfeiture arose, with reasonable and actual costs occasioned thereby. The
remainder of such claims shall be postponed to the class of
claims under division (I) of this section.
(G) Class 7. Claims filed late or any other claims other than claims under
divisions (H) and (I) of this section.
(H) Class 8. Surplus or contribution notes, or similar
obligations, and premium refunds on assessable policies. Payments to members
of domestic mutual insurance companies shall be limited in accordance with
law.
(I) Class 9. The claims of shareholders or other owners.
If any provision of this section or the application of any provision
of this section to any person or circumstance is held invalid, the invalidity
does not affect other provisions or applications of this section, and to this
end the provisions are severable.
(J) As used in sections 3903.42 and 3903.421 of the Revised Code, "contracted provider" and "medicaid recipient" have the same meanings as in secion 3903.14 of the Revised Code.
Sec. 3903.421. (A) Notwithstanding section 3903.42 of the Revised Code, both of the following apply to medicaid health insuring corporation performance bonds and securities:
(1) Proceeds from the bond issued or securities held pursuant to section 1751.271 of the Revised Code that have been paid to or deposited with the department of insurance shall be considered special deposits for purposes of satisfying claims of contracted providers for covered health care services provided to medicaid recipients;
(2) Contracted providers that have claims against a health insuring corporation for covered health care services provided to medicaid recipients shall be given first priority against the proceeds of the bond or securities held pursuant to section 1751.27 of the Revised Code, to the exclusion of other creditors, except as provided for in this section.
(B) If the amount of the proceeds of the bond or securities are not sufficient to satisfy all of the allowed claims of contracted providers for covered health care services provided to medicaid recipients, payment shall proceed as follows:
(1) Contracted providers shall share in the proceeds of the bond or securities pro rata based on the allowed amount of the providers' claims against the health insuring corporation for covered health care services provided to medicaid recipients;
(2) After payments are made under division (B)(1) of this section, the net unpaid balance of the claims of contracted providers shall be allowed for payment from the general assets of the estate in accordance with the priorities set forth in section 3903.42 of the Revised Code.
(C) If the amount of the proceeds of the bond or securities exceeds the allowed claims of contracted providers for covered health care services provided to medicaid recipients, the excess amount shall be considered a general asset of the health insuring corporation's estate to be distributed to other claimants in accordance with the priorities set forth in section 3903.42 of the Revised Code.
Sec. 3905.04. (A) Except as otherwise provided in section
3905.041 of the Revised Code, a resident individual applying for
an insurance agent license for any of the lines of authority
described in division (B) of this section shall take a written
examination. The examination shall test the knowledge of the
individual with respect to the lines of authority for which
application is made, the duties and responsibilities of an
insurance agent, and the insurance laws of this state. Before
admission to the examination, each individual shall pay the
nonrefundable fee required under division (D)(C) of section 3905.40
of the Revised Code.
(B) The examination described in division (A) of this
section shall be required for the following lines of authority:
(1) Any of the lines of authority set forth in divisions
(B)(1) to (6) of section 3905.06 of the Revised Code;
(3) Surety bail bonds as provided in sections 3905.83 to
3905.95 of the Revised Code;
(4) Any other line of authority designated by the
superintendent of insurance.
(C) An individual shall not be permitted to take the
examination described in division (A) of this section unless one
or both of the following apply:
(1) The individual has earned a bachelor's or associate's
degree in insurance from an accredited institution.
(2) The individual has completed, for each line of
authority
for which the individual has applied, twenty hours of
study in a
program of insurance education approved by the
superintendent, in
consultation with the insurance agent education
advisory council,
under criteria established by the
superintendent. Division (C) of
this section does not apply
with
respect to title insurance or any
other line of authority
designated by the superintendent.
(D) An individual who fails to appear for an examination as
scheduled, or fails to pass an examination, may reapply for the
examination if the individual pays the required fee and submits
any necessary forms prior to being rescheduled for the
examination.
(E)(1) The superintendent may, in accordance with Chapter
119. of the Revised Code, adopt any rule necessary for the
implementation of this section.
(2) The superintendent may make any necessary
arrangements,
including contracting with an outside testing
service, for the
administration of the examinations and the
collection of the fees
required by this section.
Sec. 3905.36. Every (A) Except as provided in divisions (B) and (C) of this section, every insured association, company,
corporation, or other person that enters, directly or
indirectly,
into any
agreements with any insurance company, association,
individual,
firm, underwriter, or Lloyd, not authorized to do
business in
this state, whereby the insured shall procure,
continue, or renew
contracts of insurance covering subjects of
insurance resident,
located, or to be performed within this state,
with such
unauthorized insurance company, association, individual,
firm,
underwriter, or Lloyd, for which insurance there is a
gross
premium,
membership fee, assessment, dues, or other consideration
charged
or collected, shall annually, on or before the
thirty-first day
of
January, return
to the superintendent of
insurance a
statement
under oath showing the name and address of
the insured,
name and
address of the insurer, subject of the
insurance,
general
description of the coverage, and amount of
gross premium, fee,
assessment, dues, or other consideration for
such insurance for
the preceding twelve-month period and shall at
the same time pay
to the treasurer of state a tax of five per cent
of such
gross premium,
fee, assessment, dues, or other
consideration,
after a deduction for return premium, if any, as
calculated on a
form prescribed by the treasurer of state. All
taxes
collected
under this section by the treasurer of
state shall
be paid
into
the general revenue fund. If the tax is not paid
when
due,
the
tax shall be increased by a penalty of twenty-five
per
cent.
An
interest charge computed as set forth
in section
5725.221 of the
Revised Code shall be made on the
entire sum of
the tax plus
penalty, which interest shall be
computed from the
date the tax is
due until it is paid.
For purposes of this
section, payment is
considered made when it is received by the
treasurer of state,
irrespective of any United
States postal
service marking
or other
stamp or mark indicating the date on
which the payment
may have
been mailed. This
(B) This section does not
apply
to:
(A) Insurance obtained pursuant to sections 3905.30 to
3905.35 of the Revised Code;
(B)(1) Transactions in this state involving a policy
solicited,
written, and delivered outside this state covering
only subjects
of insurance not resident, located, or to be
performed in this
state at the time of issuance, provided such
transactions are
subsequent to the issuance of the policy;
(C)(2) Attorneys-at-law acting on behalf of their clients in
the adjustment of claims or losses;
(D) Any insurance company underwriter issuing contracts of
insurance to employer insureds or contracts
of insurance issued to
an employer insured. For purposes of this
section an "employer
insured" is an insured:
(1) Who procures the insurance of any risk or risks by use
of the services of a full-time employee acting as an insurance
manager or buyer or the services of a regularly and continuously
qualified insurance consultant. As used in division
(D)(1) of
this section,
a "regularly and continuously qualified insurance
consultant" does not include any person licensed under
Chapter
3905. of the
Revised
Code.
(2) Whose aggregate annual premiums for insurance on all
risks total at least twenty-five thousand dollars; and
(3) Who has at least twenty-five full-time employees.
(3) Transactions involving policies issued by a captive insurer. For this purpose, a "captive insurer" means any of the following:
(a) An insurer owned by one or more individuals or organizations, whose exclusive purpose is to insure risks of one or more of the parent organizations or individual owners and risks of one or more affiliates of the parent organizations or individual owners;
(b) In the case of groups and associations, insurers owned by the group or association whose exclusive purpose is to insure risks of members of the group or association and affiliates of the members;
(c) Other types of insurers, licensed and operated in accordance with the captive insurance laws of their jurisdictions of domicile and operated in a manner so as to self-insure risks of their owners and insureds.
(4) Professional or medical liability insurance procured by a hospital organized under Chapter 3701. of the Revised Code.
Each (C) In transactions that are subject to sections 3905.30 to 3905.35 of the Revised Code, each person licensed under section 3905.30 of the
Revised
Code shall pay to the treasurer
of state, on or before the
thirty-first day of
January of each year, five per
cent of the
balance of the gross premiums charged for insurance
placed or
procured under the license after a deduction for
return premiums,
as reported on a form prescribed by the
treasurer of state. The
tax shall be collected from the insured
by the surplus line broker
who placed or procured the policy of
insurance at the time the
policy is delivered to the insured.
No license issued under
section 3905.30 of the
Revised
Code shall be renewed until
payment
is made.
If the tax is not paid when due, the tax shall be
increased by a penalty of twenty-five per cent. An interest
charge computed as set forth in section 5725.221 of the Revised
Code shall be made on the entire sum of the tax plus penalty,
which interest shall be computed from the date the tax is due
until it is paid. For purposes of this section,
payment is
considered made
when it is received by the
treasurer of state,
irrespective of any
United
States postal service marking
or other
stamp or mark
indicating the date on which the payment
may have
been mailed.
Sec. 3905.40. There shall be paid to the
superintendent of
insurance the following fees:
(A) Each insurance company doing business in this state
shall pay:
(1) For filing a copy of its charter or deed of
settlement,
two hundred fifty dollars;
(2) For filing each statement, twenty-five one hundred seventy-five dollars;
(3) For each certificate of authority or license, one hundred seventy-five, and for each
certified copy thereof, five dollars;
(4) For each copy of a paper filed in
the
superintendent's
office, twenty
cents per page;
(5) For issuing certificates of deposits or certified
copies
thereof, five dollars for the first certificate or copy
and one
dollar for each additional certificate or copy;
(6) For issuing certificates of compliance or certified
copies thereof, twenty sixty dollars;
(7) For affixing the seal of office and certifying
documents, other than those enumerated herein, two dollars.
(B) Each domestic life insurance company doing business in this
state
shall pay for annual valuation of its policies, one cent on
every
one thousand dollars of insurance.
(C) Each foreign insurance company doing business in this
state shall pay for making and forwarding annually, semiannually,
and quarterly the interest checks and coupons accruing upon bonds
and securities deposited, fifty dollars each year on each one
hundred thousand dollars deposited.
(D) Each
applicant for licensure as an
insurance
agent
shall
pay ten
dollars before admission to any examination required
by
the
superintendent. Such fee shall not be paid by
the
appointing insurance company.
(E)(D) Each domestic mutual life insurance company shall pay
for verifying that any amendment to its articles of incorporation
was regularly adopted, two hundred fifty dollars with each
application for verification. Any such amendment shall be
considered to have been regularly adopted when approved by the
affirmative vote of two-thirds of the policyholders present in
person or by proxy at any annual meeting of policyholders or at a
special meeting of policyholders called for that purpose.
Sec. 3923.27. No policy of sickness and accident insurance
delivered, issued for delivery, or renewed in this state after
the effective date of this section August 26, 1976,
including
both individual and group policies, that provides hospitalization
coverage for mental illness shall exclude such coverage for the
reason that the insured is hospitalized in an institution or
facility receiving tax support from the state, any municipal
corporation, county, or joint county board, whether such
institution or facility is deemed charitable or otherwise,
provided the institution or facility or portion thereof is fully
accredited by the joint commission on accreditation of hospitals
or certified under Titles XVIII and XIX of the "Social Security
Act of 1935," 79 Stat. 291, 42 U.S.C.A. 1395, as amended. The
insurance coverage shall provide payment amounting to the lesser
of either the full amount of the statutory charge for the cost of
the services pursuant to division (B)(8) of section 5121.04 section 5121.33 of
the Revised Code or the benefits payable for the services under
the applicable insurance policy. Insurance benefits for the
coverage shall be paid so long as patients and their liable
relatives retain their statutory liability pursuant to the
requirements of sections 5121.01 to 5121.10 section 5121.33 of the Revised Code.
Only that portion or per cent of the benefits shall be payable
that has been assigned, or ordered to be paid, to the state or
other appropriate provider for services rendered by the
institution or facility.
Sec. 4112.12. (A) There is hereby created the commission
on African-American males, which shall consist of not more than
forty-one members as follows: the directors or their designees
of the departments of health, development, alcohol and drug
addiction services, job and family services,
rehabilitation and
correction, mental health, and youth services; the
adjutant general or the adjutant general's designee; the
equal employment opportunity officer of the department of administrative
services
or the equal employment opportunity officer's designee; the
executive director or the executive director's designee of
the Ohio civil rights commission; the executive director or the executive
director's
designee of the
office division of criminal justice services in the department of public safety; the superintendent of public
instruction; the chancellor or the chancellor's designee of
the Ohio board of
regents; two members of the house of representatives appointed by
the speaker of the house of representatives; three members of the
senate appointed by the president of the senate; and not more
than twenty-three members appointed by the governor.
The members
appointed by the governor shall include an additional member of the
governor's cabinet and at least one
representative of each of the following: the national
association for the advancement of colored people; the urban
league; an organization representing black elected officials; an
organization representing black attorneys; the black religious
community; the black business community; the nonminority business
community; and organized labor; at least one black medical
doctor, one black elected member of a school board, and one black
educator; and at least two representatives of local private
industry councils. The remaining members that may be appointed
by the governor shall be selected from elected officials, civic
and community leaders, and representatives of the employment,
criminal justice, education, and health communities.
(B) Terms of office shall be for three years,
with
each term ending on the same day of the same month as did the
term that it succeeds. Each member shall hold office from the
date of appointment until the end of the term for which
the member was appointed. Members may be reappointed. Vacancies shall
be filled in the manner provided for original appointments. Any
member appointed to fill a vacancy occurring prior to the
expiration date of the term for which the member's
predecessor was appointed shall hold office as a member for the remainder of
that term. A member shall continue in office subsequent to the
expiration date of the member's term until the
member's successor takes office or
until a period of sixty days has elapsed, whichever occurs first.
The commission annually shall elect a
chairperson from among its members.
(C) Members of the commission and members of subcommittees
appointed under division (B) of section 4112.13 of the Revised
Code shall not be compensated, but shall be reimbursed for their
necessary and actual expenses incurred in the performance of
their official duties.
(D)(1) The Ohio civil rights commission shall
serve as the commission on African-American males'
fiscal
agent and shall perform all of the following services:
(a) Prepare and process payroll and other personnel documents
that the commission on African-American males approves;
(b) Maintain ledgers of accounts and reports of account
balances, and monitor budgets and allotment plans in consultation with
the commission on African-American males;
(c) Perform other routine support services that the
executive
director of the Ohio civil rights commission or the executive
director's designee and the Commission on African-American males
or its designee consider appropriate to achieve efficiency.
(2) The Ohio civil rights commission shall not approve any
payroll or other personnel-related documents or any biennial
budget, grant, expenditure, audit, or fiscal-related document
without the advice and consent of the commission on
African-American
males.
(3) The Ohio civil rights commission shall determine fees to be
charged to the commission on African-American males for
services performed under this division, which shall be in proportion to the
services performed for the commission on African-American
males.
(4) The commission on African-American males or its
designee
has:
(a) Sole authority to draw funds for any federal
program in
which the commission is authorized to participate;
(b) Sole authority to expend funds from accounts for programs
and any other necessary expenses the commission on
African-American
males may incur;
(c) The duty to cooperate with the Ohio civil rights commission
to ensure that the Ohio civil rights commission is fully apprised
of all financial transactions.
(E) The commission on African-American males shall appoint an
executive director, who shall be in the unclassified civil
service. The executive director shall supervise the commission's
activities and report to the commission on the progress of those
activities. The executive director shall do all things necessary
for the efficient and effective implementation of the duties of
the commission.
The responsibilities assigned to the executive director do not
relieve the members of the commission from final responsibility for the
proper performance of the requirements of this division.
(F) The commission on African-American males
shall:
(1) Employ, promote, supervise, and remove all employees, as
needed, in connection with the performance of its duties under this
section;
(2) Maintain its office in Columbus;
(3) Acquire facilities, equipment, and supplies necessary to
house the commission, its employees, and files and records under its
control, and to discharge any duty imposed upon it by law. The expense of
these acquisitions shall be audited and paid for in the same
manner as other state expenses.
(4) Prepare and submit to the office of budget and management a
budget for each biennium in accordance with sections 101.55 and 107.03 of the Revised Code.
The budget submitted shall cover the costs of
the commission and its staff in the discharge of any duty imposed upon the
commission by law. The commission shall pay its own
payroll and other operating expenses from appropriation items
designated by the general assembly. The commission shall not
delegate any authority to obligate funds.
(5) Establish the overall policy and management of the
commission in accordance with this chapter;
(6) Follow all state procurement requirements;
(7) Pay fees owed to the Ohio civil rights commission under
division (D) of this section from the commission on
African-American males' general revenue fund or from any
other fund from which the operating
expenses of the commission on African-American males are
paid.
Any amounts set aside for a fiscal year for the payment of such fees shall be
used only for the services performed for the
commission on African-American males by the Ohio
civil rights commission in that fiscal year.
(G) The commission on African-American males
may:
(1) Hold sessions at any place within the state;
(2) Establish, change, or abolish positions, and assign and
reassign duties and responsibilities of any employee of the commission
on African-American males as necessary to achieve the most
efficient performance of its functions.
Sec. 4115.32. (A) There Subject to section 4115.36 of the Revised Code, there is hereby created the state
committee for the purchase of products and services provided by
persons
with severe disabilities. The committee shall
be composed
ex officio of the
following persons, or their designees:
(1) The directors of
administrative services, mental health,
mental retardation
and developmental disabilities, transportation,
natural resources, and commerce;
(2) The administrators of the
rehabilitation services
commission and the bureau of workers' compensation;
(3) The secretary of state;
(4) One representative of a
purchasing department of a
political subdivision who is
designated by the governor.
The governor shall appoint two representatives
of a qualified
nonprofit agency for persons with severe disabilities,
and a
person with a severe disability to the committee.
(B) Within thirty days after September 29, 1995, the
governor shall
appoint the
representatives of a qualified
nonprofit agency for persons with severe disabilities to the
committee for a
term ending August 31, 1996. Thereafter, terms
for
such representatives are for
three years, each term ending
on
the same day of the same month of the
year as did the term that it
succeeds. Each committee member shall
serve from the date
of the
member's appointment until the end of the term for which the
member was
appointed. Vacancies shall be filled in the same
manner provided for original
appointments. Any member appointed
to fill a vacancy occurring prior to the
expiration date of the
term for which the member's predecessor was appointed
shall serve
as a member for the remainder of that term. A member shall
serve
subsequent to the expiration of the
member's term and shall
continue to serve
until the member's successor takes office.
(C) Members of the committee shall serve without
compensation. Except as otherwise provided in divisions
(C)(1)
and (2) of this section, members shall be reimbursed for
actual
and necessary expenses, including travel expenses, incurred
while
away from their homes or regular places of business and incurred
while
performing services for the committee.
(1) The members listed in divisions (A)(1) to (3) of this
section, or their designees, shall not be reimbursed for any
expenses.
(2) No member of the committee who is entitled to receive
reimbursement
for the performance of services for the committee
from another agency or
entity shall receive reimbursement from the
committee.
(D) The committee shall elect from among its members a
chairperson. The committee may request from any agency of the
state, political subdivision, or instrumentality of the state
any
information necessary to enable it to carry out the intent of
sections
4115.31 to 4115.35 of the Revised Code. Upon request
of
the committee, the agency, subdivision, or instrumentality shall
furnish
the information to the
chairperson of the committee.
(E) The committee shall not later than one hundred eighty
days following the close of each fiscal year transmit to the
governor, the general assembly, and each qualified
nonprofit
agency for persons with severe disabilities a report
that includes
the names of the committee members serving during the preceding
fiscal year, the dates of committee meetings in that year, and
any
recommendations for changes in sections 4115.31 to 4115.35 of
the
Revised Code that the committee determines are necessary.
(F) The director of mental retardation and developmental
disabilities administrative services shall designate a subordinate to act as executive
director of the committee and shall furnish other
staff and
clerical assistance, office space, and supplies required by the
committee.
Sec. 4115.34. (A) If Except as provided in section 4115.36 of the Revised Code, if any state agency, political
subdivision, or instrumentality of the state intends to procure
any product or service, it shall determine whether the
product or
service is on the procurement list published pursuant to section
4115.33 of the Revised Code; and it shall, in accordance with
rules of the state committee for the purchase of products and
services provided by persons with severe disabilities, procure such
product or service at the fair market price established by the
committee from
a qualified nonprofit agency for persons with severe disabilities, if
the product or service is on the
procurement list and is available within the period required by
that agency, subdivision, or instrumentality, notwithstanding
any law requiring the purchase of
products and services on a competitive bid basis. Sections
4115.31 to 4115.35 of the Revised Code do not apply if the products or
services are available for procurement
from any state agency, political subdivision, or instrumentality of
the state and procurement from such agency, subdivision,
or instrumentality is required under any law in
effect on August 13, 1976.
(B) The committee and any state agency, political
subdivision, or instrumentality of the state may enter into
contractual agreements, cooperative working relationships, or
other arrangements determined necessary for effective
coordination and efficient realization of the objectives of
sections 4115.31 to 4115.35 of the Revised Code and any other law
requiring procurement of products or services from any
state
agency, political subdivision, or instrumentality of the state.
(C) Notwithstanding any other section of the Revised Code,
or any appropriations act, that may require a state agency,
political subdivision, or instrumentality of the state to
purchase supplies, services, or materials by means of a
competitive bid procedure, state agencies, political
subdivisions, or instrumentalities of the state need not utilize
the required bidding procedures if the supplies, services, or
materials are to be purchased from a qualified nonprofit agency
pursuant to sections 4115.31 to 4115.35 of the Revised Code.
Sec. 4115.36. Sections 4115.31 to 4115.35 of the Revised Code have no effect after the director of administrative services abolishes the state committee for the purchase of products and services provided by persons with severe disabilities. Upon abolishment of the committee, sections 125.60 to 125.6012 of the Revised Code shall govern the procurement of products and services provided by persons with work-limiting disabilities from qualified nonprofit agencies.
Sec. 4117.03. (A) Public employees have the right to:
(1) Form, join, assist, or participate in, or refrain from
forming, joining, assisting, or participating in, except as
otherwise provided in Chapter 4117. of the Revised Code, any
employee organization of their own choosing;
(2) Engage in other concerted activities for the purpose
of collective bargaining or other mutual aid and protection;
(3) Representation by an employee organization;
(4) Bargain collectively with their public employers to
determine wages, hours, terms and other conditions of employment
and the continuation, modification, or deletion of an existing
provision of a collective bargaining agreement, and enter into
collective bargaining agreements;
(5) Present grievances and have them adjusted, without the
intervention of the bargaining representative, as long as the
adjustment is not inconsistent with the terms of the collective
bargaining agreement then in effect and as long as the bargaining
representatives have the opportunity to be present at the
adjustment.
(B) Persons on active duty or acting in any capacity as
members of the organized militia do not have collective
bargaining rights.
(C) Except as provided in division (D) of this section, nothing in Chapter 4117. of the Revised Code prohibits
public employers from electing to engage in collective
bargaining, to meet and confer, to hold discussions, or to engage in any other form of
collective negotiations with public employees who are not subject
to Chapter 4117. of the Revised Code pursuant to division (C) of
section 4117.01 of the Revised Code.
(D) A public employer shall not engage in collective bargaining or other forms of collective negotiations with the employees of county boards of elections referred to in division (C)(12) of section 4117.01 of the Revised Code.
(E)(1) Employees of public school may bargain collectively for health care benefits; however, all health care benefits shall be provided through school employees health care board medical plans, in accordance with section 9.901 of the Revised Code. If a school district provides its employees with health care benefits pursuant to collective bargaining, the employees shall be permitted to choose a plan option from among the school employees health care board plans agreed to during collective bargaining.
(2) During collective bargaining, employees of public schools may agree to pay a higher percentage of the premium for health benefit coverage under the plans designed by the school employees health care board pursuant to section 9.901 of the Revised Code than the percentage designated as the employees' contribution level by the board. A collective bargaining agreement, however, shall not permit the employees to contribute a lesser percentage of the premium than that set as the employees' contribution level by the school employees health care board, unless, in so doing, the participating school board is able to remain in compliance with the aggregate goal set pursuant to division (G)(3) of section 9.901 of the Revised Code.
Sec. 4117.08. (A) All matters pertaining to wages, hours,
or terms and other conditions of employment and the continuation,
modification, or deletion of an existing provision of a
collective bargaining agreement are subject to collective
bargaining between the public employer and the exclusive
representative, except as otherwise specified in this section and division (E) of section 4117.03 of the Revised Code.
(B) The conduct and grading of civil service examinations,
the rating of candidates, the establishment of eligible lists
from the examinations, and the original appointments from the
eligible lists are not appropriate subjects for collective
bargaining.
(C) Unless a public employer agrees otherwise in a
collective bargaining agreement, nothing in Chapter 4117. of the
Revised Code impairs the right and responsibility of each public
employer to:
(1) Determine matters of inherent managerial policy which
include, but are not limited to areas of discretion or policy
such as the functions and programs of the public employer,
standards of services, its overall budget, utilization of
technology, and organizational structure;
(2) Direct, supervise, evaluate, or hire employees;
(3) Maintain and improve the efficiency and effectiveness
of governmental operations;
(4) Determine the overall methods, process, means, or
personnel by which governmental operations are to be conducted;
(5) Suspend, discipline, demote, or discharge for just
cause, or lay off, transfer, assign, schedule, promote, or retain
employees;
(6) Determine the adequacy of the work force;
(7) Determine the overall mission of the employer as a
unit of government;
(8) Effectively manage the work force;
(9) Take actions to carry out the mission of the public
employer as a governmental unit.
The employer is not required to bargain on subjects
reserved to the management and direction of the governmental unit
except as affect wages, hours, terms and conditions of
employment, and the continuation, modification, or deletion of an
existing provision of a collective bargaining agreement. A
public employee or exclusive representative may raise a
legitimate complaint or file a grievance based on the collective
bargaining agreement.
Sec. 4117.10. (A) An agreement between a public employer
and an exclusive representative entered into pursuant to this
chapter governs the wages, hours, and terms and conditions of
public employment covered by the agreement. If the agreement
provides for a final and binding arbitration of grievances,
public employers, employees, and employee organizations are
subject solely to that grievance procedure and the state
personnel board of review or civil service commissions have no
jurisdiction to receive and determine any appeals relating to
matters that were the subject of a final and binding grievance
procedure. Where no agreement exists or where an agreement makes
no specification about a matter, the public employer and public
employees are subject to all applicable state or local laws or
ordinances pertaining to the wages, hours, and terms and
conditions of employment for public employees. Laws pertaining
to civil rights, affirmative action, unemployment compensation,
workers' compensation, the retirement of public employees, and
residency requirements, the minimum educational requirements
contained in the Revised Code pertaining to public education
including the requirement of a certificate by the fiscal officer
of a school district pursuant to section 5705.41 of the Revised
Code, the provisions of division (A) of section 124.34 of the Revised Code
governing the disciplining of officers and employees who have been convicted
of a felony, and the minimum standards promulgated by the state
board of
education pursuant to division (D) of section 3301.07 of the
Revised Code prevail over conflicting provisions of agreements
between employee organizations and public employers. The law
pertaining to the leave of absence and compensation provided
under section 5923.05 of the Revised Code prevails over any
conflicting provisions of such agreements if the terms of the
agreement contain benefits which are less than those contained in
that section or the agreement contains no such terms and the
public authority is the state or any agency, authority,
commission, or board of the state or if the public authority is
another entity listed in division (B) of section 4117.01 of the
Revised Code that elects to provide leave of absence and
compensation as provided in section 5923.05 of the Revised Code.
Except for sections 306.08, 306.12, 306.35, and 4981.22 of the
Revised Code and arrangements entered into thereunder, and
section 4981.21 of the Revised Code as necessary to comply with
section 13(c) of the "Urban Mass Transportation Act of 1964," 87
Stat. 295, 49 U.S.C.A. 1609(c), as amended, and arrangements
entered into thereunder, this chapter prevails over any and all
other conflicting laws, resolutions, provisions, present or
future, except as otherwise specified in this chapter or as
otherwise specified by the general assembly. Nothing in this
section prohibits or shall be construed to invalidate the
provisions of an agreement establishing supplemental workers'
compensation or unemployment compensation benefits or exceeding
minimum requirements contained in the Revised Code pertaining to
public education or the minimum standards promulgated by the
state board of education pursuant to division (D) of section
3301.07 of the Revised Code.
(B) The public employer shall submit a request for funds
necessary to implement an agreement and for approval of any other
matter requiring the approval of the appropriate legislative body
to the legislative body within fourteen days of the date on which
the parties finalize the agreement, unless otherwise specified,
but if the appropriate legislative body is not in session at the
time, then within fourteen days after it convenes. The
legislative body must approve or reject the submission as a
whole, and the submission is deemed approved if the legislative
body fails to act within thirty days after the public employer
submits the agreement. The parties may specify that those
provisions of the agreement not requiring action by a legislative
body are effective and operative in accordance with the terms of
the agreement, provided there has been compliance with division
(C) of this section. If the legislative body rejects the
submission of the public employer, either party may reopen all or
part of the entire agreement.
As used in this section, "legislative body" includes the
general assembly, the governing board of a municipal corporation,
school district, college or university, village, township, or
board of county commissioners or any other body that has
authority to approve the budget of their public jurisdiction and, with regard to the state, "legislative body" means the controlling board.
(C) The chief executive officer, or the chief executive
officer's representative, of
each municipal corporation, the designated representative of the
board of education of each school district, college or
university, or any other body that has authority to approve the
budget of their public jurisdiction, the designated
representative of the board of county commissioners and of each
elected officeholder of the county whose employees are covered by
the collective negotiations, and the designated representative of
the village or the board of township trustees of each township is
responsible for negotiations in the collective bargaining
process; except that the legislative body may accept or reject a
proposed collective bargaining agreement. When the matters about
which there is agreement are reduced to writing and approved by
the employee organization and the legislative body, the agreement
is binding upon the legislative body, the employer, and the
employee organization and employees covered by the agreement.
(D) There is hereby established an office of collective
bargaining in the department of administrative services for the
purpose of negotiating with and entering into written agreements
between state agencies, departments, boards, and commissions and
the exclusive representative on matters of wages, hours, terms
and other conditions of employment and the continuation,
modification, or deletion of an existing provision of a
collective bargaining agreement. Nothing in any provision of law
to the contrary shall be interpreted as excluding the bureau of
workers' compensation and the industrial commission from the
preceding sentence. This office shall not negotiate on behalf of
other statewide elected officials or boards of trustees of state
institutions of higher education who shall be considered as
separate public employers for the purposes of this chapter;
however, the office may negotiate on behalf of these officials or
trustees where authorized by the officials or trustees. The
staff of the office of collective bargaining are in the
unclassified service. The director of administrative services
shall fix the compensation of the staff.
The office of collective bargaining shall:
(1) Assist the director in formulating management's
philosophy for public collective bargaining as well as planning
bargaining strategies;
(2) Conduct negotiations with the exclusive
representatives of each employee organization;
(3) Coordinate the state's resources in all mediation,
fact-finding, and arbitration cases as well as in all labor
disputes;
(4) Conduct systematic reviews of collective bargaining
agreements for the purpose of contract negotiations;
(5) Coordinate the systematic compilation of data by all
agencies that is required for negotiating purposes;
(6) Prepare and submit an annual report and other reports
as requested to the governor and the general assembly on the
implementation of this chapter and its impact upon state
government.
Sec. 4117.103. Notwithstanding any provision of section 4117.08 or 4117.10 of the Revised Code to the contrary, no agreement entered into under this chapter on or after the effective date of this section shall prohibit a school district board of education from utilizing volunteers to assist the district and its schools in performing any of their functions, other than functions for which a license, permit, or certificate issued by the state board of education under section 3301.074 or Chapter 3319. of the Revised Code or a certificate issued under division (A) or (B) of section 3327.10 of the Revised Code is required.
Sec. 4117.24. The training and, publications, and grants fund is hereby created in the
state treasury. The state employment relations board shall deposit into the
training and, publications, and grants fund all payments moneys received from the following sources:
(A) Payments received by the board for copies
of documents, rulebooks, and other publications; fees
(B) Fees received from seminar
participants; and receipts
(C) Receipts from the sale of clearinghouse data;
(D) Moneys received from grants, donations, awards, bequests, gifts, reimbursements, and similar funds;
(E) Reimbursement received for professional services and expenses related to professional services;
(F) Funds received to support the development of labor relations services and programs. The state
employment relations board shall use all moneys deposited into the training
and, publications, and grants fund to defray the costs of furnishing and making available
copies of documents, rulebooks, and other publications; the costs of planning,
organizing, and conducting training seminars; the costs associated with grant projects, innovative labor-management cooperation programs, research projects related to these grants and programs, and the advancement in professionalism of public sector relations; the professional development of board employees; and the costs of compiling
clearinghouse data.
The board may seek, solicit, apply for, receive, and accept grants, gifts, and contributions of money, property, labor, and other things of value to be held for, used for, and applied to only the purpose for which the grants, gifts, and contributions are made, from individuals, private and public corporations, the United States or any agency thereof, the state or any agency thereof, and any political subdivision of the state, and may enter into any contract with any such public or private source in connection therewith to be held for, used for, and applied to only the purposes for which such grants are made and contracts are entered into, all subject to and in accordance with the purposes of this chapter. Any money received from the grants, gifts, contributions, or contracts shall be deposited into the training, publications, and grants fund.
Sec. 4121.12. (A) There is hereby created the workers'
compensation oversight commission consisting of nine eleven members, of
which members the governor shall appoint five with the advice and consent of
the senate. Of the five members the governor appoints, two shall be
individuals who, on
account of their previous vocation, employment, or affiliations,
can be classed as representative of employees, at least one of whom is
representative of employees who are members of an employee organization; two
shall be individuals who, on account of their previous vocation, employment,
or affiliations, can be classed as representative of employers, one of whom
represents self-insuring employers and one of whom has experience as an
employer in compliance with section 4123.35 of the Revised Code
other than a self-insuring employer, and one of those two representatives also
shall represent employers whose employees are not members of an employee
organization; and one shall represent the public and also be an individual
who, on account of the individual's previous vocation, employment, or
affiliations, cannot be classed as either predominantly representative of
employees or of employers. The
governor shall select the chairperson of the
commission who shall serve as chairperson at the pleasure of the
governor. No more than three members
appointed by the governor shall belong to or be affiliated with the same
political party.
Each of these five members shall have at least three years'
experience in the field of insurance, finance, workers'
compensation, law, accounting, actuarial, personnel, investments,
or data processing, or in the management of an organization whose
size is commensurate with that of the bureau of workers'
compensation. At least one of these five members shall be an
attorney licensed under Chapter 4705. of the Revised Code to practice
law in this state.
(B) Of the initial appointments made to the
commission, the governor shall appoint one member who represents
employees to a term ending one year after September 1,
1995, one member who
represents employers to a term ending two
years after September 1, 1995, the member who
represents the public to a term
ending three years after September 1, 1995, one member who represents
employees to a term ending four years after September 1,
1995, and one member who represents employers to a term
ending five years after September 1, 1995. Thereafter, terms of office shall
be for five three years, with each term ending on the same day of the same
month as did the term that it succeeds. Each member shall hold office from
the date of the member's appointment until the end of the term for
which the
member was appointed.
The governor shall not appoint any person to more than two
full terms of office on the commission. This restriction does
not prevent the governor from appointing a person to fill a
vacancy caused by the death, resignation, or removal of a
commission member and also appointing that person twice to full
terms on the commission, or from appointing a person previously
appointed to fill less than a full term twice to full terms on
the commission. Any member appointed to fill a vacancy occurring
prior to the expiration date of the term for which the
member's predecessor was appointed shall hold office as a member for the
remainder of that term. A member shall continue in office subsequent to the
expiration date of the member's term until a successor takes
office or until a period of sixty days has elapsed, whichever
occurs first.
(C) In making appointments to the commission, the governor shall
select the members from the list of names
submitted by the workers' compensation oversight commission
nominating committee pursuant to this division. Within fourteen
days after the governor calls the initial meeting of the nominating committee
pursuant to division (C) of section 4121.123 of the Revised Code, the
nominating committee shall submit to the governor, for the initial
appointments, a list containing four separate names for each of the members on
the commission. Within
fourteen days after the submission of the list, the governor
shall appoint individuals from the list.
For the appointment of the member who is representative of employees who
are members of an employee organization, both for initial appointments and for
the filling of vacancies, the list of four names submitted by the nominating
committee shall be comprised of four individuals who are members of the
executive committee of the largest statewide labor federation.
Thereafter, within sixty days after a vacancy
occurring as a result of the expiration of a term and within
thirty days after other vacancies occurring on the commission, the nominating
committee shall submit a list containing four names for each vacancy. Within
fourteen days after the submission of the list, the governor shall appoint
individuals from the list. With respect to the filling of
vacancies, the nominating committee shall provide the governor with a list of
four individuals who are, in the judgment of the nominating committee, the
most fully qualified to accede to membership on the
commission. The nominating committee shall not include the name of
an individual upon the list for the filling of vacancies if the appointment of
that individual by the governor would result in more than three members of the
commission belonging to or being affiliated with the same political party.
The committee shall include on the list for the filling of vacancies only the
names of attorneys admitted to practice law in this state if, to fulfill the
requirement of division (A) of section 4121.12 of the Revised Code, the
vacancy must be filled by an attorney.
In order for the name of an individual to be submitted to the
governor under this division, the nominating committee shall approve the
individual by an affirmative vote of a majority of its members.
(D) The commission shall also consist of two members, known as the investment expert members. One investment expert member shall be appointed by the treasurer of state and one investment expert member shall be jointly appointed by the speaker of the house of representatives and the president of the senate. Each investment expert member shall have the following qualifications:
(1) Be a resident of this state:
(2) Within the three years immediately preceding the appointment, not have been employed by the bureau of workers' compensation or by any person, partnership, or corporation that has provided to the bureau services of a financial or investment nature, including the management, analysis, supervision, or investment of assets;
(3) Have direct experience in the management, analysis, supervision, or investment of assets.
Terms of office of the investment expert members shall be for three years, with each term ending on the same day of the same month as did the term that it succeeds. Each member shall hold office for the date of the member's appointment until the end of the term for which the member was appointed. The president, speaker, and treasurer shall not appoint any person to more than two full terms of office on the commission. This restriction does not prevent the president, speaker, and treasurer from appointing a person to fill a vacancy caused by the death, resignation, or removal of a commission member and also appointing that person twice to full terms on the commission, or from appointing a person previously appointed to fill less than a full term twice to full terms on the commission. Any investment expert member appointed to fill a vacancy occurring prior to the expiration of the term for which the member's predecessor was appointed shall hold office until the end of that term. The member shall continue in office subsequent to the expiration date of the member's term until the member's successor takes office or until a period of sixty days has elapsed, whichever occurs first.
The investment expert members of the oversight commission shall vote only on investment matters.
(E) The remaining four members of the commission
shall be the chairperson and ranking minority member of
the standing committees of the house of representatives and of the senate to
which legislation concerning this chapter and Chapters 4123., 4127., and 4131.
of the Revised Code normally are
referred, or a designee of the chairperson or ranking
minority member, provided
that the designee is a member of the standing committee. Legislative members
shall serve during the session of the general
assembly to which they are elected and for as long as they are members of the
general assembly. Legislative members shall serve in an advisory capacity to
the commission and shall have no voting rights on matters coming before the
commission. Membership on the commission by legislative members shall not be
deemed as holding a public office.
(E)(F) All members of the commission shall receive
their reasonable
and necessary expenses pursuant to section 126.31 of the Revised Code while
engaged in the
performance of their duties as members. Legislative members
also shall receive fifty dollars per meeting that they attend. Members
appointed by the governor and the investment expert members also shall receive an annual salary as follows:
(1) On and before August 31, 1998, not to exceed
six thousand dollars payable at
the rate of five hundred dollars per month. A member shall receive
the monthly five hundred dollar salary only if
the member has attended at least one
meeting of the commission during that month. A member may receive no more
than the monthly five hundred dollar salary regardless of the number of
meetings held by the commission during a month or the number of meetings
in excess of one within a month that the member attends.
(2) After August 31, 1998, not to exceed eighteen
thousand dollars payable on the following basis:
(a)(1) Except as provided in division
(E)(F)(2)(b) of this section, a member shall receive
two thousand
dollars during a month in which the
member attends one or
more meetings of the commission
and shall receive no payment during a month in which the member attends no
meeting of the commission.
(b)(2) A member may receive no more than the annual eighteen
thousand dollar salary
regardless of the number of meetings held by the commission during a
year
or the number of meetings in excess of nine within a
year that the member
attends.
The chairperson of the commission shall set the meeting dates of the
commission as necessary to perform the duties of the commission under this
chapter and Chapters 4123., 4127., and 4131. of the Revised
Code. The commission shall meet at least nine times during the
period commencing
on the first day of September and ending on the thirty-first day of
August of the following year. The administrator of
workers' compensation shall
provide professional and
clerical assistance to the commission, as the commission considers
appropriate.
(F)(G) The commission shall:
(1) Review progress of the bureau in meeting its
cost and quality objectives and in complying with this chapter
and
Chapters 4123., 4127., and 4131. of the Revised Code;
(2) Issue an annual report on the cost and quality objectives of the
bureau
to the president of the senate, the speaker of the house of representatives,
and the governor;
(3) Review all independent financial audits of the bureau. The
administrator shall provide access to records of the bureau to facilitate the
review required under this division.
(4) Study issues as requested by the administrator or the governor;
(5) Contract with an independent actuarial firm to assist the commission
in making recommendations to the administrator regarding premium rates;
(6) Establish objectives, policies, and
criteria for the
administration of the investment program that include
asset allocation targets and ranges, risk factors, asset class
benchmarks, time horizons, total return objectives, and
performance evaluation guidelines, and
monitor the administrator's progress in implementing the
objectives, policies, and criteria on a quarterly basis. The commission
shall review and
publish the objectives, policies, and criteria no less than
annually and shall make copies available to interested parties. The
commission shall prohibit, on a prospective basis, any
specific investment activity it finds to be contrary to its investment
objectives, policies, and criteria.
The investment policy in existence on March 7, 1997,
shall continue until the commission approves objectives, policies, and
criteria for the administration of the investment program pursuant to this
section.
The objectives, policies, and criteria adopted by the commission for the operation of the investment program shall prohibit investing assets of funds, directly or indirectly, in vehicles that target any of the following:
(j) Similar unregulated investments that are not commonly part of an institutional portfolio, that lack liquidity, and that lack readily determinable valuation.
(7) Specify in the objectives, policies, and criteria for the investment program that the administrator is permitted to invest in an investment class only if the commission, by a majority vote, opens that class. After the commission opens a class but prior to the administrator investing in that class, the commission shall adopt rules establishing due diligence standards for employees' of the bureau to follow when investing in that class and shall establish policies and procedures to review and monitor the performance and value of each investment class. The commission shall submit a report annually on the performance and value of each investment class to the governor, the president and minority leader of the senate, and the speaker and minority leader of the house of representatives. The commission may vote to close any investment class.
(8) Advise and consent on all of the following:
(a) Administrative rules the administrator submits
to it pursuant to division (B)(5) of section 4121.121 of the Revised Code for
the
classification of occupations or industries, for premium rates and
contributions, for the amount to be credited to the surplus fund, for rules
and systems of rating, rate revisions, and merit rating;
(b) The overall
policy of the bureau of workers' compensation as set by the administrator;
(c) The duties and authority conferred upon the
administrator pursuant to section 4121.37 of the Revised Code;
(d) Rules the administrator adopts for the health partnership
program and the qualified health plan system, as provided in sections 4121.44,
4121.441, and 4121.442 of the Revised Code;
(e) Rules the administrator submits to it pursuant to Chapter 4167. of the Revised Code regarding the public employment risk reduction program and the protection of public health care workers from exposure incidents.
As used in this division, "public health care worker" and "exposure incident" have the same meanings as in section 4167.25 of the Revised Code.
(8)(9) Perform all duties required under section 4121.125 of the Revised
Code.
(G)(H) The office of a member of the commission who is convicted of or pleads guilty to a felony, a theft offense as defined in section 2913.01 of the Revised Code, or a violation of section 102.02, 102.03, 102.04, 2921.02, 2921.11, 2921.13, 2921.31, 2921.41, 2921.42, 2921.43, or 2921.44 of the Revised Code shall be deemed vacant. The vacancy shall be filled in the same manner as the original appointment. A person who has pleaded guilty to or been convicted of an offense of that nature is ineligible to be a member of the commission. A member who receives a bill of indictment for any of the offenses specified in this section shall be automatically suspended from the commission pending resolution of the criminal matter.
(I) As used in this section, "employee organization" means
any
labor or bona fide organization in which employees participate and which
exists
for the purpose, in whole or in part, of dealing with employers concerning
grievances, labor disputes, wages, hours, terms and other conditions of
employment.
Sec. 4121.121. (A) There is hereby created the bureau of
workers' compensation, which shall be administered by the administrator of
workers' compensation. A person appointed to the position of administrator
shall possess significant management experience in effectively managing an
organization or organizations of substantial size and complexity. The
governor shall appoint the administrator as provided in section 121.03 of the
Revised Code, and the administrator shall
serve at the pleasure of the governor. The governor shall fix the
administrator's salary
on the basis of the administrator's experience and the administrator's
responsibilities and duties under this
chapter and Chapters 4123., 4127., 4131., and 4167. of
the Revised Code. The governor shall not appoint to the position of
administrator any person who has, or whose spouse
has, given a contribution to the campaign committee of the governor in
an amount greater than one thousand dollars during the two-year period
immediately preceding the date of the appointment of the administrator.
The administrator shall hold no other public office and shall devote
full time to the duties of administrator.
Before entering upon the duties of the office, the
administrator shall take an oath of office as required by
sections 3.22 and 3.23 of the Revised Code, and shall file in the office of
the secretary of state, a bond signed by the administrator and by surety
approved by the governor, for the sum of fifty thousand dollars payable to the
state, conditioned upon the faithful performance of the administrator's
duties.
(B) The administrator
is responsible for the management of the bureau of workers'
compensation and for the discharge of all administrative duties
imposed upon the administrator in this chapter and Chapters
4123., 4127., 4131., and 4167. of the Revised Code, and in the discharge thereof
shall do all of the following:
(1) Establish the overall administrative policy
of the bureau for the purposes of this chapter and Chapters 4123.,
4127., 4131., and 4167. of the Revised Code, and perform all acts and exercise all
authorities
and powers, discretionary and otherwise that are required
of or vested in the bureau or any of its employees in this chapter and
Chapters 4123., 4127., 4131., and 4167. of the Revised Code, except the acts and the
exercise of authority and power that is required of and
vested in the oversight commission or the industrial commission pursuant to
those chapters. The treasurer
of state shall honor all warrants signed by the administrator, or
by one or more of the administrator's employees, authorized
by the administrator
in writing, or bearing the facsimile signature of the
administrator or such employee under sections 4123.42 and 4123.44
of the Revised Code.
(2) Employ, direct, and supervise all employees required
in connection with the performance of the duties assigned to the
bureau by this chapter and Chapters 4123., 4127., 4131., and 4167. of
the Revised Code, and may establish job classification plans and
compensation for all employees of the bureau provided that this
grant of authority shall not be construed as affecting any
employee for whom the state employment relations board has
established an appropriate bargaining unit under section 4117.06
of the Revised Code. All positions of employment in the bureau
are in the classified civil service except those employees the
administrator may appoint to serve at the administrator's
pleasure in the unclassified civil service pursuant to section
124.11 of the Revised Code. The administrator shall fix the salaries of
employees the administrator appoints to serve at
the administrator's pleasure, including the chief operating
officer, staff physicians, and other senior management personnel of the
bureau and shall establish the compensation of staff attorneys of the
bureau's legal section and their immediate supervisors, and take whatever
steps are necessary to provide adequate compensation for other staff
attorneys.
The administrator may appoint a person holding a certified
position in the classified service to any state position in the
unclassified service of the bureau of workers' compensation. A
person so appointed shall retain the right to resume the
position and status held by the person in the classified service
immediately prior to the person's appointment in the
unclassified service. If the position the person previously
held has been filled or placed in the unclassified service, or
is otherwise unavailable, the person shall be appointed to a
position in the classified service within the bureau that the
department of administrative services certifies is comparable in compensation
to the position the person previously held. Reinstatement to a
position in the classified service shall be to a position
substantially equal to that held previously, as certified by the
department of administrative services. Service in the position in the
unclassified
service shall be counted as service in the position in the
classified service held by the person immediately prior to the
person's appointment in the unclassified service. When a
person
is reinstated to a position in the classified
service as provided in this section, the person is entitled to
all rights, status, and benefits accruing to the position during
the person's time of service in the position in the unclassified
service.
(3) Reorganize the work of the bureau, its sections,
departments, and offices to the extent necessary to achieve the
most efficient performance of its functions and to that end may
establish, change, or abolish positions and assign and reassign
duties and responsibilities of every employee of the bureau. All
persons employed by the commission in positions that, after
November 3, 1989, are supervised and directed by the
administrator under this section are transferred to the bureau in
their respective classifications but subject to reassignment and
reclassification of position and compensation as the
administrator determines to be in the interest of efficient
administration. The civil service status of any person employed
by the commission is not affected by this section. Personnel
employed by the bureau or the commission who are subject to
Chapter 4117. of the Revised Code shall retain all of their
rights and benefits conferred pursuant to that chapter as it
presently exists or is hereafter amended and nothing in this
chapter or Chapter 4123. of the Revised Code shall be construed
as eliminating or interfering with Chapter 4117. of the Revised
Code or the rights and benefits conferred under that chapter to
public employees or to any bargaining unit.
(4) Provide offices, equipment, supplies, and other
facilities for the bureau.
(5) Prepare and submit to the oversight commission information the
administrator considers pertinent or the oversight commission
requires, together
with the administrator's recommendations, in the form of
administrative rules, for the advice and consent of
the oversight commission, for
classifications of occupations or industries, for premium rates
and contributions, for the amount to be credited to the surplus
fund, for rules and systems of rating, rate revisions, and merit
rating. The administrator shall obtain, prepare, and submit any
other information the oversight commission requires for
the prompt and efficient discharge of its duties.
(6) Keep the accounts required by division (A) of section
4123.34 of the Revised Code and all other accounts and records
necessary to the collection, administration, and distribution of
the workers' compensation funds and shall obtain the statistical
and other information required by section 4123.19 of the Revised
Code.
(7) Exercise the investment powers vested in the
administrator by section 4123.44 of the Revised Code in
accordance with the investment objectives, policies, and
criteria established by the oversight commission
pursuant to section 4121.12 of the Revised Code and in consultation with the chief investment officer of the bureau of workers' compensation. The administrator shall not
engage in any
prohibited investment activity specified by the oversight commission pursuant
to division (F)(G)(6) of section 4121.12 of the Revised Code and shall not invest in any type of investment specified in division (G)(6)(a) to (j) of that section. All business
shall be transacted, all funds invested, all warrants for money drawn and
payments made, and all cash and securities and other property held, in the
name of the bureau, or in the name of its nominee, provided that nominees are
authorized by the administrator solely for
the purpose of facilitating the transfer of securities, and restricted to
the administrator and designated
employees.
(8) Make contracts
for and supervise the construction of any project or improvement
or the construction or repair of buildings under the control of
the bureau.
(9) Purchase supplies, materials, equipment, and services; make contracts
for, operate, and superintend the telephone, other telecommunication,
and computer services for the use of the bureau; and make
contracts in connection with office reproduction, forms
management, printing, and other services. Notwithstanding sections 125.12
to 125.14 of the Revised Code, the administrator may transfer surplus computers and computer
equipment directly to an accredited public school within the state. The
computers and computer equipment may be repaired or refurbished prior to the
transfer.
(10) Separately from the budget the industrial
commission submits,
prepare and submit to the director of budget and management a
budget for each biennium. The budget submitted shall include
estimates of the costs and necessary expenditures of the bureau
in the discharge of any duty imposed by law.
(11) As promptly as possible in the course of efficient
administration, decentralize and relocate such of the personnel
and activities of the bureau as is appropriate to the end that
the receipt, investigation, determination, and payment of claims
may be undertaken at or near the place of injury or the residence
of the claimant and for that purpose establish regional offices,
in such places as the administrator considers proper, capable
of discharging as
many of the functions of the bureau as is practicable so as to
promote prompt and efficient administration in the processing of
claims. All active and inactive lost-time claims files shall be
held at the service office responsible for the claim. A
claimant, at the claimant's request, shall be provided with
information by
telephone as to the location of the file pertaining to the claimant's claim. The
administrator shall ensure that all service office employees
report directly to the director for their service office.
(12) Provide a written binder on new coverage where the
administrator considers it to be in the best interest of the risk. The
administrator, or any other person authorized by the
administrator, shall grant
the binder upon submission of a request for coverage by the
employer. A binder is effective for a period of thirty days from
date of issuance and is nonrenewable. Payroll reports and
premium charges shall coincide with the effective date of the
binder.
(13) Set standards for the reasonable and maximum handling
time of claims payment functions, ensure, by rules, the impartial
and prompt treatment of all claims and employer risk accounts,
and establish a secure, accurate method of time stamping all
incoming mail and documents hand delivered to bureau employees.
(14) Ensure that all employees of the bureau follow the
orders and rules of the commission as such orders and rules
relate to the commission's overall adjudicatory policy-making and
management duties under this chapter and Chapters 4123., 4127.,
and 4131. of the Revised Code.
(15) Manage and operate a data processing system with a
common data base for the use of both the bureau and the
commission and, in consultation with the commission, using
electronic data processing equipment, shall develop a claims
tracking system that is sufficient to monitor the status of a
claim at any time and that lists appeals that have been filed and
orders or determinations that have been issued pursuant to
section 4123.511 or 4123.512 of the Revised Code, including the
dates of such filings and issuances.
(16) Establish and maintain a medical section within the
bureau. The medical section shall do all of the following:
(a) Assist the administrator in establishing standard
medical fees, approving medical procedures, and determining
eligibility and reasonableness of the compensation payments for
medical, hospital, and nursing services, and in establishing
guidelines for payment policies which recognize usual, customary,
and reasonable methods of payment for covered services;
(b) Provide a resource to respond to questions from claims
examiners for employees of the bureau;
(c) Audit fee bill payments;
(d) Implement a program to utilize, to the maximum extent
possible, electronic data processing equipment for storage of
information to facilitate authorizations of compensation payments
for medical, hospital, drug, and nursing services;
(e) Perform other duties assigned to it by the
administrator.
(17) Appoint, as the administrator determines necessary,
panels to review
and advise the administrator on disputes arising over a
determination that a health care service or supply provided to a
claimant is not covered under this chapter or Chapter 4123. of
the Revised Code or is medically unnecessary. If an individual
health care provider is involved in the dispute, the panel shall
consist of individuals licensed pursuant to the same section of
the Revised Code as such health care provider.
(18) Pursuant to section 4123.65 of the Revised Code,
approve applications for the final settlement of claims for
compensation or benefits under this chapter and Chapters 4123.,
4127., and 4131. of the Revised Code as the administrator
determines appropriate, except in regard to the
applications of
self-insuring employers and their employees.
(19) Comply with section 3517.13 of the Revised Code, and
except in regard to contracts entered into pursuant to
the authority contained in section 4121.44 of the Revised Code,
comply with the competitive bidding
procedures set forth in the Revised Code for all contracts into
which the administrator enters provided that those contracts
fall within the type of contracts and dollar amounts specified in the Revised
Code for competitive bidding and further provided that those contracts are not
otherwise specifically exempt from the competitive bidding procedures
contained in the Revised Code.
(20) Adopt, with the advice and consent of the oversight
commission, rules for the operation of the bureau.
(21) Prepare and submit to the oversight commission information the
administrator considers pertinent or the oversight commission requires,
together with the administrator's recommendations, in the form of
administrative rules, for the advice and consent of the oversight commission,
for the health partnership program and the qualified health plan system, as
provided in sections 4121.44, 4121.441, and 4121.442 of the Revised Code.
(C) The administrator, with the advice and consent of the senate,
shall appoint a chief operating officer who
has significant experience in the field of workers'
compensation insurance or other similar insurance industry experience if the
administrator does not possess such experience. The chief operating officer
shall not commence the chief operating officer's duties
until after the senate consents to the chief
operating officer's appointment. The chief operating officer
shall serve in the unclassified civil service of the state.
Sec. 4121.125. (A) The workers' compensation oversight
commission may contract with one or more outside actuarial firms
and other professional persons, as the oversight commission
determines necessary, to assist the oversight commission in
measuring the performance of Ohio's workers' compensation system
and in comparing Ohio's workers' compensation system to other
state and private workers' compensation systems. The oversight
commission, actuarial firm or firms, and professional persons
shall make such measurements and comparisons using accepted
insurance industry standards, including, but not limited to,
standards promulgated by the National Council on
Compensation Insurance.
(B) The oversight commission may contract with one or more
outside
firms to conduct management and financial audits of the workers' compensation
system, including audits of the reserve fund belonging to the state insurance
fund, and to establish objective quality management principles and methods by
which to review the performance of the workers' compensation system.
(C) The administrator and the industrial commission shall
compile information and provide access to records of the bureau
and the industrial commission to the oversight commission to the extent
necessary for fulfillment of both of the following
requirements:
(1) Conduct of the measurements and comparisons
described in division (A) of this section;
(2) Conduct of the management and financial audits and
establishment of the principles and methods described in division
(B) of this section.
(D) The oversight commission shall have an independent auditor, at least once every ten years, conduct a fiduciary performance audit of the investment program of the bureau of workers' compensation. That audit shall include an audit of the investment policies of the oversight commission and investment procedures of the bureau. The oversight commission shall submit a copy of that audit to the auditor of state.
(E) The bureau of workers' compensation, with the advice and consent of the oversight commission, shall employ an internal auditor who shall report directly to the oversight commission on investment matters. The oversight commission may request and review internal audits conducted by the internal auditor.
(F) The administrator
shall pay the expenses incurred by the oversight commission to
effectively fulfill its duties and exercise its powers under
this section as the administrator pays other operating expenses
of the bureau.
Sec. 4121.126. Except as provided in this chapter, no member of the workers' compensation oversight commission or employee of the bureau of workers' compensation shall have any direct or indirect interest in the gains or profits of any investment made by the administrator of workers' compensation or shall receive directly or indirectly any pay or emolument for the member's or employee's services. No member or person connected with the bureau directly or indirectly, for self or as an agent or partner of others, shall borrow any of its funds or deposits or in any manner use the funds or deposits except to make current and necessary payments that are authorized by the administrator. No member of the oversight commission or employee of the bureau shall become an indorser or surety or become in any manner an obligor for moneys loaned by or borrowed from the bureau.
The administrator shall make no investments through or purchases from, or otherwise do any business with, any individual who is, or any partnership, association, or corporation that is owned or controlled by, a person who within the preceding three years was employed by the bureau, a board member of, or an officer of the oversight commission, or a person who within the preceding three years was employed by or was an officer holding a fiduciary, administrative, supervisory, or trust position, or any other position in which such person would be involved, on behalf of the person's employer, in decisions or recommendations affecting the investment policy of the bureau, and in which such person would benefit by any monetary gain.
Sec. 4121.127. (A) Except as provided in division (B) of this section, a fiduciary shall not cause the bureau of workers' compensation to engage in a transaction, if the fiduciary knows or should know that such transaction constitutes any of the following, whether directly or indirectly:
(1) The sale, exchange, or leasing of any property between the bureau and a party in interest;
(2) Lending of money or other extension of credit between the bureau and a party in interest;
(3) Furnishing of goods, services, or facilities between the bureau and a party in interest;
(4) Transfer to, or use by or for the benefit of a party in interest, of any assets of the bureau;
(5) Acquisition, on behalf of the bureau, of any employer security or employer real property.
(B) Nothing in this section shall prohibit any transaction between the bureau and any fiduciary or party in interest if both of the following occur:
(1) All the terms and conditions of the transaction are comparable to the terms and conditions that might reasonably be expected in a similar transaction between similar parties who are not parties in interest.
(2) The transaction is consistent with fiduciary duties under this chapter and Chapters 4123., 4127., and 4131. of the Revised Code.
(C) A fiduciary shall not do any of the following:
(1) Deal with the assets of the bureau in the fiduciary's own interest or for the fiduciary's own account;
(2) In the fiduciary's individual capacity or in any other capacity, act in any transaction involving the bureau on behalf of a party, or represent a party, whose interests are adverse to the interests of the bureau or to the injured employees served by the bureau;
(3) Receive any consideration for the fiduciary's own personal account from any party dealing with the bureau in connection with a transaction involving the assets of the bureau.
(D) In addition to any liability that a fiduciary may have under any other provision, a fiduciary, with respect to bureau, shall be liable for a breach of fiduciary responsibility in any the following circumstances:
(1) If the fiduciary knowingly participates in or knowingly undertakes to conceal an act or omission of another fiduciary, knowing such act or omission is a breach;
(2) If, by the fiduciary's failure to comply with this chapter or Chapter 4123., 4127., or 4131. of the Revised Code, the fiduciary has enabled another fiduciary to commit a breach;
(3) If the fiduciary has knowledge of a breach by another fiduciary of that fiduciary's duties under this chapter and Chapters 4123., 4127., and 4131. of the Revised Code, unless the fiduciary makes reasonable efforts under the circumstances to remedy the breach.
(E) Every fiduciary of the bureau shall be bonded or insured for an amount of not less than one million dollars for loss by reason of acts of fraud or dishonesty.
(F) As used in this section, "fiduciary" means a person who does any of the following:
(1) Exercises discretionary authority or control with respect to the management of the bureau or with respect to the management or disposition of its assets;
(2) Renders investment advice for a fee, directly or indirectly, with respect to money or property of the bureau;
(3) Has discretionary authority or responsibility in the administration of the bureau.
Sec. 4121.128. The attorney general shall be the legal adviser of the workers' compensation oversight commission.
Sec. 4123.27. Information contained in the annual
statement
provided for in section 4123.26 of the Revised Code,
and such
other information as may be furnished to the bureau of
workers'
compensation by employers in pursuance of that section, is
for the
exclusive use and information of the bureau in the
discharge of
its official duties, and shall not be open to the
public nor be
used in any court in any action or proceeding
pending therein
unless the bureau is a party to the action or
proceeding; but the
information contained in the statement may be
tabulated and
published by the bureau in statistical form for the
use and
information of other state departments and the public. No person
in
the employ of the bureau, except those who are authorized by
the
administrator of workers' compensation, shall divulge any
information secured
by the person while in the employ of the
bureau in respect
to the transactions, property, claim files,
records, or papers of the bureau
or in respect to the business or
mechanical,
chemical, or other industrial process of any company,
firm,
corporation, person, association, partnership, or public
utility
to any person other than the administrator or to the
superior of such employee
of the bureau.
Notwithstanding the restrictions imposed by this section,
the
governor, select or standing committees of the general
assembly,
the auditor of state, the attorney general, or their
designees,
pursuant to the authority granted in this chapter and
Chapter
4121. of the Revised Code, may examine any records, claim
files,
or papers in possession of the industrial commission or
the
bureau. They also are bound by the privilege that attaches
to
these papers.
The administrator shall report to the director of job and
family services or to the county director of job and
family
services the name,
address, and social security number or other
identification
number of any person receiving workers'
compensation whose name
or social security number or other
identification number is the
same as that of a person required by
a court or child support
enforcement agency to provide support
payments to a recipient or
participant of public assistance, and
whose name is submitted to the
administrator by the director under
section 5101.36 of the
Revised Code. The administrator also shall
inform the director
of the amount of workers' compensation paid to
the person during
such period as the director specifies.
Within fourteen days after receiving from the director of
job
and family services a list of the names and social
security
numbers of
recipients or participants of public assistance
pursuant to section
5101.181 of
the Revised Code, the
administrator shall inform the auditor of
state of the name,
current or most recent address, and social
security number of each
person receiving workers' compensation
pursuant to this chapter
whose name and social security number
are the same as that of a
person whose name or social security
number was submitted by the
director. The administrator
also shall inform the auditor of
state of the amount of workers'
compensation paid to the person
during such period as the
director specifies.
The bureau and its employees, except for purposes of
furnishing the auditor of state with information required by this
section, shall preserve the confidentiality of recipients or
participants of public assistance in compliance with division (A)
of
section 5101.181 of
the Revised Code.
For the purposes of this section,
"public assistance" means
medical assistance provided through the medical assistance
program
established under section 5111.01 of the Revised Code,
Ohio works
first provided under Chapter 5107. of the
Revised Code,
prevention, retention, and contingency
benefits and
services
provided
under Chapter 5108. of the Revised Code, or
disability financial
assistance
provided under Chapter 5115. of the Revised
Code, or disability medical assistance provided under Chapter 5115. of the Revised Code.
Sec. 4123.44. The voting members of the workers' compensation oversight commission, the administrator of workers' compensation, and the bureau of workers' compensation chief investment officer are the trustees of the state insurance fund. The administrator of workers'
compensation, in accordance with sections 4121.126 and 4121.127 of the Revised Code and the investment objectives,
policies, and criteria established by the workers' compensation oversight
commission pursuant to section 4121.12
of the Revised Code, and in consultation with the bureau of workers' compensation chief investment officer, may invest any of the surplus or reserve belonging
to the state insurance fund.
The administrator shall not invest in any type of investment specified in divisions (G)(6)(a) to (j) of section 4121.12 of the Revised Code.
The administrator and other fiduciaries shall discharge
their duties with respect to the funds with the care, skill,
prudence, and diligence under the circumstances then prevailing
that a prudent person acting in a like capacity and familiar
with such matters would use in the conduct of an enterprise of a
like character and with like aims, and by diversifying the
investments of the assets of the funds so as to minimize the
risk of large losses, unless under the circumstances it is
clearly prudent not to do so.
To facilitate investment of the funds, the administrator may establish a
partnership, trust, limited liability company, corporation, including a
corporation exempt from taxation under the Internal Revenue
Code, 100 Stat. 2085, 26 U.S.C.
1, as amended, or any other legal entity authorized to transact business in
this state.
When reporting on the performance of investments, the administrator shall
comply with the performance presentation standards established by the
association for investment management and research.
All investments shall be purchased at current market
prices and the evidences of title to the investments shall be
placed in the custody of the treasurer of state, who is hereby
designated as custodian, or in the custody of the
treasurer of state's authorized agent. Evidences of title of
the investments so purchased may be deposited by the treasurer
of state for safekeeping with an authorized agent selected by
the treasurer of state who is a qualified trustee under section 135.18
of the Revised
Code. The treasurer of state
or the agent shall collect the principal, dividends,
distributions, and interest as they become due and
payable and place them when collected into the state
insurance fund.
The treasurer of state shall pay for investments purchased
by the administrator on receipt of written or electronic
instructions from the administrator or the administrator's
designated agent authorizing the purchase, and pending receipt
of the evidence of title of the investment by the treasurer of
state or the treasurer of state's authorized agent. The
administrator may sell investments held by the administrator,
and the treasurer of state or the treasurer of state's
authorized agent shall accept payment from the purchaser and
deliver evidence of title of the investment to the purchaser, on
receipt of written or electronic instructions from the
administrator or the administrator's designated agent
authorizing the sale, and pending receipt of the moneys for the
investments. The amount received shall be placed in the state
insurance fund. The administrator and the treasurer of state may enter into
agreements to establish procedures for the purchase and sale of investments
under this division and the custody of the investments.
No purchase or sale of any investment shall be made under
this section, except as authorized by the administrator.
Any statement of financial position distributed by the
administrator shall include the fair value, as of the statement
date, of all investments held by the administrator under this
section.
When in the judgment of the administrator it is
necessary to provide available funds for the payment of
compensation or benefits under this chapter, the administrator
may borrow money from any available source and pledge as security
a sufficient amount of bonds or other securities in which the
state insurance fund is invested. The aggregate unpaid amount of
loans existing at any one time for money so borrowed shall not
exceed ten million dollars. The bonds or other securities so
pledged as security for such loans to the administrator shall be
the sole security for the payment of the principal and interest
of any such loan. The administrator shall not be personally
liable for the payment of the principal or the interest of any
such loan. No such loan shall be made for a longer period of
time than one year. Such loans may be renewed but no one renewal
shall be for a period in excess of one year. Such loans shall
bear such rate of interest as the administrator determines and in
negotiating the loans, the administrator shall endeavor to
secure as favorable interest rates and terms as circumstances will permit.
The treasurer of state may deliver to the person or
governmental agency making such loan, the bonds or other
securities which are to be pledged by the administrator as
security for such loan, upon receipt by the treasurer of state of
an order of the administrator authorizing such loan. Upon
payment of any such loan by the administrator, the bonds or other
securities pledged as security therefor shall be returned to the
treasurer of state as custodian of such bonds.
The administrator may pledge with the treasurer of
state such amount of bonds or other securities in which the state
insurance fund is invested as is reasonably necessary as security
for any certificates issued, or paid out, by the treasurer of
state upon any warrants drawn by the administrator.
The administrator may secure investment information
services, consulting services, and other like services to
facilitate investment of the surplus and reserve belonging to the
state insurance fund. The administrator shall pay the expense of
securing such services from the state insurance fund.
Sec. 4123.441. (A) The bureau of workers' compensation, with the advice and consent of the workers' compensation oversight commission shall employ a person or designate an employee of the bureau who is designated as a chartered financial analyst by the CFA institute and who is licensed by the division of securities in the department of commerce as a bureau of workers' compensation chief investment officer to be the chief investment officer for the bureau of workers' compensation. After ninety days after the effective date of this section, the bureau of workers' compensation may not employ a bureau of workers' compensation chief investment officer, as defined in section 1707.01 of the Revised Code, who does not hold a valid bureau of workers' compensation chief investment officer license issued by the division of securities in the department of commerce. The oversight commission shall notify the division of securities of the department of commerce in writing of its designation and of any change in its designation within ten calendar days after the designation or change.
(B) The bureau of workers' compensation chief investment officer shall reasonably supervise employees of the bureau who handle investment of assets of funds specified in this chapter and Chapters 4121., 4127., and 4131. of the Revised Code with a view toward preventing violations of Chapter 1707. of the Revised Code, the "Commodity Exchange Act," 42 Stat. 998, 7 U.S.C. 1, the "Securities Act of 1933," 48 Stat. 74, 15 U.S.C. 77a, the "Securities Exchange Act of 1934," 48 Stat. 881, 15 U.S.C. 78a, and the rules and regulations adopted under those statutes. This duty of reasonable supervision shall include the adoption, implementation, and enforcement of written policies and procedures reasonably designed to prevent employees of the bureau who handle investment of assets of the funds specified in this chapter and Chapters 4121., 4127., and 4131. of the Revised Code, from misusing material, nonpublic information in violation of those laws, rules, and regulations.
For purposes of this division, no bureau of workers' compensation chief investment officer shall be considered to have failed to satisfy the officer's duty of reasonable supervision if the officer has done all of the following:
(1) Adopted and implemented written procedures, and a system for applying the procedures, that would reasonably be expected to prevent and detect, insofar as practicable, any violation by employees handling investments of assets of the funds specified in this chapter and Chapters 4121., 4127., and 4131. of the Revised Code;
(2) Reasonably discharged the duties and obligations incumbent on the bureau of workers' compensation chief investment officer by reason of the established procedures and the system for applying the procedures when the officer had no reasonable cause to believe that there was a failure to comply with the procedures and systems;
(3) Reviewed, at least annually, the adequacy of the policies and procedures established pursuant to this section and the effectiveness of their implementation.
(C) The bureau of workers' compensation chief investment officer shall establish and maintain a policy to monitor and evaluate the effectiveness of securities transactions executed on behalf of the bureau.
Sec. 4123.444. (A) As used in this section and section 4123.445 of the Revised Code:
(1) "Bureau of workers' compensation funds" means any fund specified in Chapter 4121., 4123., 4127., or 4131. of the Revised Code that the administrator of workers' compensation has the authority to invest, in accordance with the administrator's investment authority under section 4123.44 of the Revised Code.
(2) "Investment manager" means any person with whom the administrator of workers' compensation contracts pursuant to section 4123.44 of the Revised Code to facilitate the investment of assets of bureau of workers' compensation funds.
(3) "Business entity" means any person with whom an investment manager contracts for the investment of assets of bureau of workers' compensation funds.
(4) "Financial or investment crime" means any criminal offense involving theft, receiving stolen property, embezzlement, forgery, fraud, passing bad checks, money laundering, drug trafficking, or any criminal offense involving money or securities, as set forth in Chapters 2909., 2911., 2913., 2915., 2921., 2923., and 2925. of the Revised Code or other law of this state, or the laws of any other state or the United States that are substantially equivalent to those offenses.
(B)(1) Before entering into a contract with an investment manager to invest bureau of workers' compensation funds, the administrator shall do both of the following:
(a) Request from any investment manager with whom the administrator wishes to contract for those investments a list of all employees who will be investing assets of bureau of workers' compensation funds. The list shall specify each employee's state of residence for the five years prior to the date of the administrator's request.
(b) Request that the superintendent of the bureau of criminal investigation and identification conduct a criminal records check in accordance with this section and section 109.579 of the Revised Code with respect to every employee the investment manager names in that list.
(2) After an investment manager enters into a contract with the administrator to invest bureau of workers' compensation funds and before an investment manager enters into a contract with a business entity to facilitate those investments, the investment manager shall request from any business entity with whom the investment manager wishes to contract to make those investments a list of all employees who will be investing assets of the bureau of workers' compensation funds. The list shall specify each employee's state of residence for the five years prior to the investment manager's request. The investment manager shall forward to the administrator the list received from the business entity. The administrator shall request the superintendent to conduct a criminal records check in accordance with this section and section 109.579 of the Revised Code with respect to every employee the business entity names in that list. Upon receipt of the results of the criminal records check, the administrator shall forward a copy of those results to the investment manager.
(3) If, after a contract has been entered into between the administrator and an investment manager or between an investment manager and a business entity for the investment of assets of bureau of workers' compensation funds, the investment manager or business entity wishes to have an employee who was not the subject of a criminal records check under division (B)(1) or (B)(2) of this section invest assets of the bureau of workers' compensation funds, that employee shall be the subject of a criminal records check pursuant to this section and section 109.579 of the Revised Code prior to handling the investment of assets of those funds. The investment manager shall submit to the administrator the name of that employee along with the employee's state of residence for the five years prior to the date in which the administrator requests the criminal records check. The administrator shall request that the superintendent conduct a criminal records check on that employee pursuant to this section and section 109.579 of the Revised Code.
(C)(1) If an employee who is the subject of a criminal records check pursuant to division (B) of this section has not been a resident of this state for the five-year period immediately prior to the time the criminal records check is requested or does not provide evidence that within that five-year period the superintendent has requested information about the employee from the federal bureau of investigation in a criminal records check, the administrator shall request that the superintendent obtain information from the federal bureau of investigation as a part of the criminal records check for the employee. If the employee has been a resident of this state for at least that five-year period, the administrator may, but is not required to, request that the superintendent request and include in the criminal records check information about that employee from the federal bureau of investigation.
(2) The administrator shall provide to an investment manager a copy of the form prescribed pursuant to division (C)(1) of section 109.579 of the Revised Code and a standard impression sheet for each employee for whom a criminal records check must be performed, to obtain fingerprint impressions as prescribed pursuant to division (C)(2) of section 109.579 of the Revised Code. The investment manager shall obtain the completed form and impression sheet either directly from each employee or from a business entity and shall forward the completed form and sheet to the administrator, who shall forward these forms and sheets to the superintendent.
(3) Any employee who receives a copy of the form and the impression sheet pursuant to division (C)(2) of this section and who is requested to complete the form and provide a set of fingerprint impressions shall complete the form or provide all the information necessary to complete the form and shall complete the impression sheets in the manner prescribed in division (C)(2) of section 109.579 of the Revised Code.
(D) For each criminal records check the administrator requests under this section, at the time the administrator makes a request the administrator shall pay to the superintendent the fee the superintendent prescribes pursuant to division (E) of section 109.579 of the Revised Code.
Sec. 4123.445. (A) The administrator of workers' compensation shall not enter into a contract with an investment manager for the investment of assets of the bureau of workers' compensation funds if any employee of that investment manager who will be investing assets of bureau of workers' compensation funds has been convicted of or pleaded guilty to a financial or investment crime.
(B) An investment manager who has entered into a contract with the bureau of workers' compensation for the investment of assets of bureau of workers' compensation funds shall not contract with a business entity for the investment of those assets if any employee of that business manager who will be investing assets of bureau of workers' compensation funds has been convicted of or pleaded guilty to a financial or investment crime.
(C) The administrator shall not enter into a contract with an investment manager who refuses to submit the list of the investment manager's employees required under division (B) of section 4123.444 of the Revised Code. An investment manager shall not enter into a contract with a business entity who refuses to submit the list of the business entity's employees required under division (B) of section 4123.444 of the Revised Code.
(D) If, after a contract has been awarded to an investment manager or business entity for the investment of assets of bureau of workers' compensation funds, the investment manager or business entity discovers that an employee who is handling the investment of those assets has been convicted of or pleaded guilty to a financial or investment crime, the investment manager or business entity immediately shall notify the administrator.
Sec. 4123.47. (A) The administrator of workers'
compensation shall have actuarial audits of the state insurance
fund and all other funds specified in this chapter and Chapters 4121., 4127., and 4131. of the Revised Code made at least once every two years each year. The audits shall be
made and certified by recognized insurance actuaries who shall be selected as
the administrator determines. The audits shall cover the premium
rates, classifications, and all other matters involving the
administration of the state insurance fund and all other funds specified in this chapter and Chapters 4121., 4127., and 4131. of the Revised Code. The expense of the
audits shall be paid from the state insurance fund. The administrator shall make copies of the audits available to the public at cost.
(B) The auditor of state annually shall conduct an audit
of the administration of this chapter by the industrial
commission and the bureau of workers' compensation and the safety
and hygiene fund. The cost of the audit shall be charged to the
administrative costs of the bureau as defined in section 4123.341
of the Revised Code. The audit shall include audits of all
fiscal activities, claims processing and handling, and employer
premium collections. The auditor shall prepare a report of the
audit together with recommendations and transmit copies of the
report to the industrial commission the workers' compensation oversight
commission, the administrator, the
governor, and to the general assembly. The auditor shall make
copies of the report available to the public at cost.
(C) The administrator may retain the services of a
recognized actuary on a consulting basis for the purpose of
evaluating the actuarial soundness of premium rates and
classifications and all other matters involving the
administration of the state insurance fund. The expense of
services provided by the actuary shall be paid from the state
insurance fund.
Sec. 4301.10. (A) The division of liquor control shall do
all of the
following:
(1) Control the traffic in beer and intoxicating liquor in
this state, including the manufacture, importation, and sale
of
beer and intoxicating liquor;
(2) Grant or refuse permits for the manufacture,
distribution, transportation, and sale of beer and intoxicating
liquor and the sale of alcohol, as authorized or required by this
chapter and Chapter 4303. of the Revised Code. A
certificate,
signed by the
superintendent of liquor control
and to
which is affixed the
official seal of the division, stating that
it appears
from the records of the division that no permit has
been
issued to the person specified in the certificate, or that a
permit,
if issued, has been
revoked, canceled, or suspended, shall
be received as prima-facie
evidence of the facts recited in the
certificate in any
court or before any
officer of this state.
(3) Put into operation, manage, and control a system of
state liquor stores for the sale of spirituous liquor at retail
and to holders of permits authorizing the sale of spirituous
liquor;
however, the division shall not establish any drive-in
state
liquor stores; and by means of those types of stores, and
any
manufacturing plants, distributing and bottling plants,
warehouses, and other facilities that it considers expedient,
establish and maintain a state monopoly of the distribution of
spirituous liquor and its sale in packages or containers; and for
that purpose, manufacture, buy, import, possess, and sell
spirituous
liquors as provided in this chapter and Chapter 4303.
of the
Revised Code, and in the rules promulgated by the
superintendent of liquor control pursuant to those chapters;
lease or in any
manner
acquire the use of any land or building
required for any
of those purposes; purchase any equipment that is
required; and borrow
money to carry on its business, and issue,
sign, endorse, and
accept notes, checks, and bills of exchange;
but all obligations
of the division created under authority of
this division
shall
be a charge only upon the moneys received by
the division
from
the sale of spirituous liquor and its other
business transactions
in connection with the sale of spirituous
liquor, and
shall not be general obligations of
the state;
(4) Enforce the administrative provisions of this chapter
and Chapter 4303. of the Revised
Code, and the rules and orders of
the liquor control commission
and the superintendent relating to
the
manufacture, importation, transportation, distribution, and
sale of beer and
or intoxicating liquors liquor. The attorney
general, any prosecuting
attorney, and any prosecuting officer of
a municipal corporation
or a municipal court shall, at the request
of the
division of liquor control or the department of public
safety,
prosecute any person charged with the violation of any
provision in those chapters
or of any section of the Revised Code
relating to the
manufacture, importation, transportation,
distribution, and sale
of beer and or intoxicating liquor.
(5) Determine the locations of all state liquor stores and
manufacturing, distributing, and bottling plants required in
connection
with those stores, subject to this chapter
and Chapter 4303.
of the Revised Code;
(6) Conduct inspections of liquor permit premises to
determine compliance with the administrative provisions of
this
chapter and Chapter 4303. of the Revised Code and the rules
adopted under
those provisions by the liquor control commission.
Except as otherwise provided in division (A)(6) of this
section, those inspections may be conducted only during those
hours in which the permit holder is open for business and only by
authorized agents or employees of the division or by any
peace
officer, as defined in section 2935.01 of the
Revised Code.
Inspections may be conducted at other hours only
to determine
compliance with laws or commission rules that
regulate the hours
of sale of beer and or intoxicating liquor and
only if the
investigator has reasonable cause to believe that
those laws or
rules are being violated. Any inspection conducted
pursuant to
division (A)(6) of this section is subject to all of
the following
requirements:
(a) The only property that may be confiscated is
contraband,
as defined in section 2901.01 of the
Revised Code, or property
that is otherwise necessary for
evidentiary purposes.
(b) A complete inventory of all property confiscated from
the premises shall be given to the permit holder or the permit
holder's agent
or
employee by the confiscating agent or officer at
the conclusion
of the inspection. At that time, the inventory
shall be signed
by the confiscating agent or officer, and the
agent or officer
shall give the permit holder or the permit
holder's agent or employee the
opportunity to sign the inventory.
(c) Inspections conducted pursuant to division (A)(6) of
this section shall be conducted in a reasonable manner. A
finding
by any court of competent jurisdiction that the
an inspection was not
conducted in a reasonable manner in accordance
with this section
or any rules promulgated adopted by the commission may
be considered
grounds for suppression of evidence. A finding by
the liquor
control commission that the an inspection was not
conducted in a
reasonable manner in accordance with this section
or any rules
promulgated adopted by the commission it may be considered
grounds for
dismissal of the commission case.
If any court of competent jurisdiction finds that property
confiscated as the result of an administrative inspection is not
necessary for evidentiary purposes and is not contraband, as
defined in section
2901.01 of the Revised Code, the court
shall
order the immediate return of the confiscated property,
provided
that property is not otherwise subject to
forfeiture, to the
permit holder. However, the return of this
property is not
grounds for dismissal of the case. The
commission likewise may
order the return of confiscated property
if no criminal
prosecution is pending or anticipated.
(7) Delegate to any of its agents or employees any power
of
investigation that the division possesses with respect
to the
enforcement of any of the administrative laws relating to beer and
or intoxicating liquor, provided that this division does not
authorize
the
division to designate any agent or employee to serve
as
an enforcement agent. The employment and
designation of
enforcement agents shall be within the exclusive
authority of the
director of
public safety pursuant to sections 5502.13
to 5502.19
of the Revised Code.
(8) Collect
the following fees:
(a) A biennial fifty dollar fifty-dollar registration fee for each
agent, solicitor, or salesperson, registered pursuant to section 4303.25 of the
Revised Code, of a beer or intoxicating liquor manufacturer, supplier, broker, or wholesale distributor doing
business in this state;
(b) A fifty-dollar product registration fee for each new
beer or intoxicating liquor product sold in this state. The
product registration fee shall be accompanied by a copy of the
federal label and product approval for the new product.
(c) An annual three-hundred-dollar supplier
registration fee from each manufacturer or supplier that produces and ships into this state, or ships into this state, intoxicating liquor or beer, in addition
to an
initial application fee of one hundred dollars.
Each supplier, agent, solicitor, or salesperson registration issued under this division shall authorize the person named to carry on the activity
specified in the registration. Each agent, solicitor, or salesperson registration is valid for two years or for the unexpired portion of a two-year registration period. Each supplier registration is valid for one year or for the unexpired portion of
a one-year registration period. Registrations shall end on their respective uniform expiration date, which
shall be designated by the division, and are subject to
suspension,
revocation, cancellation, or fine as authorized by
this chapter
and Chapter 4303. of the Revised Code.
(9) Establish a system of electronic data interchange within
the
division and regulate the electronic
transfer of
information
and funds among persons and governmental entities engaged in the
manufacture, distribution, and retail sale of alcoholic beverages;
(10) Exercise all other powers expressly or by necessary
implication conferred upon the division by this chapter
and
Chapter 4303. of the Revised Code, and all powers necessary for
the exercise or discharge of any power, duty, or function
expressly conferred or imposed upon the division by
those
chapters.
(B) The division may do all of the following:
(1) Sue, but may be sued only in connection with the
execution of leases of real estate and the purchases and
contracts
necessary for the operation of the state liquor stores
that are
made under this chapter and Chapter 4303. of the Revised
Code;
(2) Enter into leases and contracts of all descriptions and
acquire and
transfer title
to personal property with regard to the
sale, distribution, and storage of
spirituous liquor within the
state;
(3) Terminate at will any lease entered into pursuant to
division (B)(2) of this section upon
first giving ninety days'
notice in writing to
the lessor of its intention to do so;
(4) Fix the wholesale and retail prices at which the
various
classes, varieties, and brands of spirituous liquor shall
be sold
by the division. Those retail prices shall
be the same
at all
state liquor stores, except to the extent that a price
differential is required to collect a county sales tax levied
pursuant to section 5739.021 of the Revised Code and for which
tax
the tax commissioner has authorized prepayment pursuant to
section
5739.05 of the Revised Code. In fixing selling prices,
the
division shall compute an anticipated gross profit at
least
sufficient to provide in each calendar year all costs and
expenses
of the division and also an adequate working
capital
reserve for
the division. The gross profit shall not
exceed forty per cent of
the retail selling price based on costs of the
division, and in
addition the sum required by section 4301.12 of the Revised Code
to be paid into the state treasury. An amount equal to one and
one-half per cent of that gross profit shall be paid into the
statewide treatment and
prevention fund created by section 4301.30
of the
Revised Code and be appropriated by the general assembly
from the fund to the
department of alcohol and drug
addiction
services as provided in section 4301.30 of the Revised
Code.
On spirituous liquor manufactured in
this state from the
juice of
grapes or fruits grown in
this state, the division
shall
compute an anticipated gross profit of not to exceed ten per
cent. The
The
wholesale prices fixed under this division shall be at a discount of not less
than twelve
and one-half six per cent of the retail selling prices as
determined
by the division in accordance with this section.
(C) The division may approve the expansion or diminution
of
a premises to which a liquor permit has been issued and may adopt
standards
governing such
an expansion or diminution.
Sec. 4301.43. (A) As used in sections 4301.43 to
4301.50 of
the Revised Code:
(1)
"Gallon" or
"wine gallon" means one
hundred twenty-eight
fluid ounces.
(2)
"Sale" or
"sell" includes exchange, barter,
gift,
distribution, and, except with respect to A-4 permit holders,
offer for sale.
(B) For the purposes of providing revenues for the
support
of the state and encouraging the grape industries in the state, a
tax is hereby levied on the sale or distribution of wine in Ohio,
except for known sacramental purposes, at the rate of thirty
cents
per wine gallon for wine containing not less than four per
cent of
alcohol by volume and not more than fourteen per cent of
alcohol
by volume, ninety-eight cents per wine gallon for wine
containing
more than fourteen per cent but not more than
twenty-one per cent
of alcohol by volume, one dollar and eight cents per wine gallon
for vermouth, and one dollar and
forty-eight cents per wine gallon
for sparkling and carbonated
wine and champagne, the tax to be
paid by the holders of A-2 and
B-5 permits or by any other person
selling or distributing wine
upon which no tax has been paid.
From
the tax paid under
this section on wine, vermouth, and
sparkling
and carbonated wine
and champagne, the treasurer of
state shall
credit to the Ohio
grape industries fund created under
section
924.54 of the Revised
Code a sum equal to one cent per
gallon for
each gallon upon
which the tax is paid.
(C) For the purpose of providing revenues for the support of
the state, there is hereby levied a tax on prepared and bottled
highballs, cocktails, cordials, and other mixed beverages at the
rate of one dollar and twenty cents per wine gallon to be paid by
holders of A-4 permits or by any other person selling or
distributing those products upon which no tax has been paid. Only
one sale of the same article shall be used in computing the
amount
of tax due. The tax on mixed beverages to be paid by
holders of
A-4 permits under this section shall not attach until
the
ownership of the mixed beverage is transferred for valuable
consideration to a wholesaler or retailer, and no payment of the
tax shall be
required prior to that time.
(D) During the period
of July 1,
2003 2005,
through June 30,
2005 2007, from the tax paid under this section
on wine, vermouth, and
sparkling and carbonated wine and
champagne, the
treasurer of
state shall credit to the Ohio grape
industries fund created under
section 924.54 of the Revised Code a
sum equal to two cents per
gallon upon
which the tax is paid. The
amount credited under this
division is in addition
to the amount
credited to the Ohio grape
industries fund under division (B) of
this section.
(E) For the purpose of providing revenues for the support of
the
state, there
is hereby levied a tax on cider at the rate of
twenty-four cents per wine
gallon to be paid by the holders of A-2
and B-5 permits or
by any other person selling or distributing
cider upon which no tax has been
paid. Only one sale of the same
article shall be used in computing the amount
of the tax due.
Sec. 4303.182. (A) Except as
otherwise provided in
divisions
(B) to
(G) of this section, permit D-6 shall be issued
to
the
holder of an A-1-A, A-2, C-2, D-2, D-3, D-3a, D-4, D-4a, D-5,
D-5a,
D-5b, D-5c, D-5d, D-5e, D-5f, D-5g, D-5h, D-5i, D-5j,
D-5k,
or D-7
permit to allow sale under that permit between the hours
of
ten
a.m. and midnight, or between the hours of
one
p.m. and
midnight,
on Sunday, as applicable, if that sale
has
been
authorized
under
section 4301.361, 4301.364, 4301.365,
or 4301.366
of the Revised
Code and
under the restrictions of that
authorization.
(B) Permit D-6 shall be issued
to the holder of any permit,
including a D-4a and D-5d permit,
authorizing the sale of
intoxicating liquor issued for a premises
located at any publicly
owned airport, as defined in section
4563.01 of the Revised Code,
at which commercial airline
companies operate regularly scheduled
flights on which space is
available to the public, to allow sale
under such permit between
the hours of ten a.m. and midnight on
Sunday,
whether or not
that sale has been authorized under section
4301.361,
4301.364, 4301.365, or 4301.366 of the
Revised
Code.
(C) Permit D-6 shall be issued to the holder of a D-5a
permit,
and to the holder of a D-3 or D-3a permit who is the owner
or
operator of a hotel or motel that is required to be licensed
under
section 3731.03 of the Revised Code, that
contains at least
fifty
rooms for registered transient guests, and that has on its
premises a
retail food establishment or a food service
operation
licensed pursuant to
Chapter 3717. of
the
Revised Code
that
operates as a restaurant for purposes of
this chapter and is
affiliated with the hotel or motel and within
or
contiguous to the
hotel or motel and serving food within the
hotel
or motel, to
allow sale under such permit between the hours
of
ten
a.m. and
midnight on Sunday,
whether or
not that
sale has
been
authorized
under section 4301.361,
4301.364, 4301.365, or
4301.366 of
the
Revised Code.
(D) The holder of a D-6 permit
that is issued to a
sports
facility may make sales under the permit between the hours
of
eleven a.m. and midnight on any Sunday on
which a professional
baseball, basketball, football, hockey, or soccer game is
being
played at the sports facility. As used in this
division,
"sports
facility" means a stadium or arena that has a seating
capacity of
at least four
thousand and that is owned or leased by a
professional baseball, basketball,
football, hockey, or
soccer
franchise or any combination of those franchises.
(E) Permit D-6 shall be issued to the holder of any
permit
that authorizes the sale of beer or intoxicating liquor and that
is
issued to a premises located in or at the Ohio historical
society
area or
the state fairgrounds, as defined in division (B)
of section 4301.40 of the Revised Code, to allow sale under that
permit between the hours of
ten a.m. and midnight on Sunday,
whether or
not that sale has been authorized under section
4301.361, 4301.364, 4301.365,
or 4301.366 of the Revised Code.
(F)
Permit D-6 shall be issued to
the holder of any permit
that authorizes the sale of intoxicating liquor and
that is issued
to an outdoor performing arts center to allow sale under that
permit between the hours of one p.m. and midnight on
Sunday,
whether or not that sale has been authorized under section
4301.361 of
the Revised Code. A D-6 permit issued under this
division
is subject to the results of an election, held after the
D-6
permit is issued, on question (B)(4) as set forth in section
4301.351 of the Revised Code.
Following the end of the period
during which an election may be
held on question (B)(4) as set
forth in that section, sales of
intoxicating liquor may continue
at an outdoor performing arts center
under a D-6 permit issued
under this division, unless
an election on that question is held
during the permitted period and a
majority of the
voters voting in
the precinct on that question vote
"no."
As used in this division,
"outdoor performing arts center"
means
an outdoor performing arts center that is located on not
less than eight
hundred acres of land and that is open for
performances from the
first day of April to the last day of
October of each
year.
(G)
Permit D-6 shall be issued to the holder of any permit
that authorizes the sale of beer or intoxicating liquor and that
is issued to a golf course owned by the state, a conservancy
district, a park district created under Chapter 1545. of the
Revised Code, or another political subdivision to allow sale under
that permit between the hours of ten a.m. and midnight on Sunday,
whether or not that sale has been authorized under section
4301.361, 4301.364, 4301.365, or 4301.366 of the Revised Code.
(H) Permit D-6 shall be issued to the holder of a D-5g permit to allow sale under that permit between the hours of ten a.m. and midnight on Sunday, whether or not that sale has been authorized under section 4301.361, 4301.364, 4301.365, or 4301.366 of the Revised Code.
(I) Permit D-6 shall be issued to the holder of any D permit for a premises that is licensed under Chapter 3717. of the Revised Code and that is located at a ski area to allow sale under the D-6 permit between the hours of ten a.m. and midnight on Sunday, whether or not that sale has been authorized under section 4301.361, 4301.364, 4301.365, or 4301.366 of the Revised Code.
As used in this division, "ski area" means a ski area as defined in section 4169.01 of the Revised Code, provided that the passenger tramway operator at that area is registered under section 4169.03 of the Revised Code.
(J) If the restriction to licensed
premises where the sale
of
food and other goods and services
exceeds fifty per cent of the
total gross receipts of the permit
holder at the premises is
applicable, the division of liquor
control may accept an affidavit
from the permit holder to show
the proportion of the permit
holder's gross receipts derived from the sale of
food and other
goods and services. If the liquor control
commission determines
that affidavit to have been false, it
shall revoke the permits of
the permit holder at the premises
concerned.
(J)(K) The fee for the D-6 permit is five
hundred
dollars
when it is issued to the holder of an
A-1-A, A-2, D-2,
D-3, D-3a,
D-4, D-4a, D-5, D-5a, D-5b, D-5c,
D-5d, D-5e, D-5f,
D-5g, D-5h,
D-5i, D-5j,
D-5k, or D-7 permit. The fee for
the D-6
permit is
four
hundred dollars when it is issued to the
holder of a
C-2
permit.
Sec. 4501.01. As used in this chapter and Chapters 4503.,
4505., 4507., 4509., 4510., 4511., 4513., 4515., and 4517. of the
Revised
Code, and in the penal laws, except as otherwise
provided:
(A)
"Vehicles" means everything on wheels or runners,
including motorized bicycles, but does not mean
electric personal
assistive mobility devices, vehicles that are
operated
exclusively on rails or tracks or from overhead electric
trolley
wires, and vehicles that belong to any police department,
municipal
fire department, or volunteer fire department, or that
are used by such
a department in the discharge of its functions.
(B)
"Motor vehicle" means any vehicle, including
mobile
homes
and recreational vehicles, that is
propelled or drawn
by
power
other than muscular power or power collected from
overhead
electric trolley wires.
"Motor
vehicle" does not include utility vehicles as defined in division (VV) of this section,
motorized
bicycles, road
rollers, traction engines, power
shovels,
power
cranes, and other
equipment used in construction
work and
not
designed for or
employed in general highway
transportation,
well-drilling
machinery, ditch-digging
machinery, farm machinery,
trailers that are used
to transport
agricultural produce or
agricultural production
materials
between a local place of storage
or supply and the farm
when
drawn or towed on a public road or
highway at a speed of
twenty-five miles per hour or less,
threshing machinery,
hay-baling machinery, corn sheller,
hammermill and agricultural
tractors, machinery used in the
production of horticultural,
agricultural, and vegetable products,
and trailers that are
designed and
used exclusively to transport a
boat between a
place of storage
and a marina, or in and around a
marina, when
drawn or towed on a
public road or highway for a
distance of no
more than ten miles
and at a speed of twenty-five
miles per hour
or less.
(C)
"Agricultural tractor" and
"traction engine" mean any
self-propelling vehicle that is designed or used for drawing other
vehicles or wheeled machinery, but has no provisions for
carrying
loads independently of such other vehicles, and that is used
principally for agricultural purposes.
(D)
"Commercial tractor," except as defined in division (C)
of this section, means any motor vehicle that has motive power
and
either is designed or used for drawing other motor vehicles,
or is
designed or
used for drawing another motor vehicle while
carrying
a portion
of the other motor vehicle or its load, or
both.
(E)
"Passenger car" means any motor vehicle that is designed
and
used for carrying not more than nine persons and includes any
motor
vehicle that is designed and used for carrying not more
than
fifteen
persons in a ridesharing arrangement.
(F)
"Collector's vehicle" means any motor vehicle or
agricultural tractor or traction engine that is of special
interest,
that has a fair market value of one hundred dollars or
more,
whether operable or not, and that is owned, operated,
collected,
preserved, restored, maintained, or used essentially
as
a
collector's item, leisure pursuit, or investment, but not
as the
owner's principal means of transportation.
"Licensed
collector's
vehicle" means a collector's vehicle, other than an
agricultural
tractor or traction engine, that displays current,
valid license
tags issued under section 4503.45 of the Revised
Code, or a
similar type of motor vehicle that displays current,
valid
license
tags issued under substantially equivalent
provisions in
the laws
of other states.
(G)
"Historical motor vehicle" means any motor vehicle
that
is over twenty-five years old and is owned solely as a
collector's
item and for participation in club activities,
exhibitions, tours,
parades, and similar uses, but that in no
event is used
for
general transportation.
(H)
"Noncommercial motor vehicle" means any motor vehicle,
including a farm truck as defined in section 4503.04 of the
Revised Code, that is designed by the manufacturer to carry a load
of no
more than one ton and is used exclusively for purposes
other
than
engaging in business for profit.
(I)
"Bus" means any motor vehicle that has motor power
and
is
designed and used for carrying more than nine passengers,
except
any motor vehicle that is designed and used for carrying
not more
than
fifteen passengers in a ridesharing arrangement.
(J)
"Commercial car" or
"truck" means any motor vehicle
that
has motor
power and is designed and used for carrying
merchandise
or freight, or
that is used as a commercial tractor.
(K)
"Bicycle" means every device, other than a tricycle
that
is
designed solely for use as a play vehicle by a child,
that is
propelled
solely by human power upon which any person
may ride,
and that has either two
tandem wheels, or one wheel in
front and
two wheels in
the rear, any of which is more than
fourteen inches
in diameter.
(L)
"Motorized bicycle" means any vehicle that either has
two
tandem wheels or one wheel in the front and two wheels in
the
rear, that is capable of being pedaled, and that is equipped
with
a
helper motor of not more than fifty cubic centimeters
piston
displacement that produces no more than one brake
horsepower and
is capable of propelling the vehicle at a speed of
no greater
than
twenty miles per hour on a level surface.
(M)
"Trailer" means any vehicle without motive power
that
is
designed or used for carrying property or persons wholly on
its
own structure and for being drawn by a motor vehicle, and
includes
any such vehicle that is formed by or operated as a
combination of
a semitrailer and a vehicle of the dolly type such
as that
commonly known as a trailer dolly, a vehicle used to
transport
agricultural produce or agricultural production
materials between
a local place of storage or supply and the farm
when drawn or
towed on a public road or highway at a speed
greater than
twenty-five miles per hour, and a vehicle that is
designed
and
used exclusively to transport a boat between a
place of
storage
and a marina, or in and around a marina, when
drawn or
towed on a
public road or highway for a distance of
more than ten
miles or at
a speed of more than twenty-five miles
per hour.
"Trailer" does
not include a manufactured home or
travel trailer.
(N)
"Noncommercial trailer" means any trailer, except a
travel trailer or trailer that is used to transport a boat as
described
in division (B) of this section, but, where applicable,
includes
a vehicle that is used to transport a boat as described
in division (M)
of this section, that has a gross weight of no
more than three
thousand pounds, and that is used exclusively for
purposes other than
engaging in business for a profit.
(O)
"Mobile home" means a building
unit or assembly of
closed
construction that is fabricated in an off-site
facility,
is
more
than thirty-five body
feet in length or, when erected
on
site, is
three hundred
twenty or more square feet, is built
on a
permanent
chassis, is
transportable in one or more
sections, and
does not
qualify as
a manufactured home as
defined in division
(C)(4) of
section 3781.06
of the Revised
Code or as an
industrialized unit
as defined in division (C)(3)
of section
3781.06 of the Revised
Code.
(P)
"Semitrailer" means any vehicle of the trailer type
that
does not have motive power and is so designed or used with
another
and
separate motor vehicle that in operation a part of
its own
weight
or that of its load, or both, rests upon and is
carried by
the other vehicle
furnishing the motive power for
propelling
itself
and the vehicle referred to in this division,
and includes,
for
the purpose only of registration and taxation
under those
chapters, any
vehicle of the dolly type, such as a
trailer dolly,
that is designed or used for the conversion of a
semitrailer into
a
trailer.
(Q)
"Recreational vehicle" means a vehicular portable
structure that meets all of the following conditions:
(1) It is designed
for the sole purpose of recreational
travel.
(2) It is not used for the purpose of engaging in business
for profit.
(3) It is not used for the purpose of engaging in intrastate
commerce.
(4) It is not used for the purpose of commerce as defined in
49 C.F.R. 383.5,
as amended.
(5) It is not regulated by the public utilities commission
pursuant to
Chapter 4919., 4921., or 4923. of the Revised Code.
(6) It is classed as one of the following:
(a)
"Travel trailer" means a nonself-propelled
recreational
vehicle that does not exceed an overall length of
thirty-five
feet, exclusive of bumper and tongue or coupling, and
contains
less than three hundred twenty square feet of space when erected
on site.
"Travel trailer"
includes a tent-type fold-out camping
trailer as defined in
section 4517.01 of the Revised Code.
(b)
"Motor home" means a self-propelled recreational
vehicle
that has no fifth wheel and is constructed with
permanently
installed
facilities for
cold storage, cooking and
consuming of
food, and for sleeping.
(c)
"Truck camper" means a nonself-propelled recreational
vehicle that does not have wheels for road use and is designed to
be placed
upon and attached to a motor vehicle.
"Truck camper"
does not
include truck covers that consist of walls and a roof,
but do not
have floors and facilities enabling them to be used as
a dwelling.
(d)
"Fifth wheel trailer" means a vehicle that is of such
size and weight as
to be movable without a special highway
permit,
that has a gross trailer area
of four hundred square
feet or less,
that is constructed with a raised forward
section
that allows a
bi-level floor plan, and that is designed to be
towed by
a vehicle
equipped with a fifth-wheel hitch ordinarily
installed in the bed
of
a truck.
(e)
"Park trailer" means a vehicle that is commonly known as
a park model
recreational vehicle, meets the American national
standard institute standard
A119.5 (1988) for park trailers, is
built on a single chassis, has a gross
trailer area of four
hundred square feet or less when set up, is designed for
seasonal
or temporary living quarters, and may be connected to utilities
necessary for the operation of installed features and appliances.
(R)
"Pneumatic tires" means tires of rubber and fabric or
tires of similar material, that are inflated with air.
(S)
"Solid tires" means tires of rubber or similar elastic
material that are not dependent upon confined air for support of
the load.
(T)
"Solid tire vehicle" means any vehicle that is equipped
with
two or more solid tires.
(U)
"Farm machinery" means all machines and tools that are
used in
the production, harvesting, and care of farm products,
and
includes trailers
that are used to transport agricultural
produce
or agricultural
production materials between a local
place of
storage or supply
and the farm when drawn or towed on a
public
road or highway at a
speed of twenty-five miles per hour
or less.
(V)
"Owner" includes any person
or firm,
other
than a
manufacturer or dealer, that has title to a motor
vehicle,
except that, in sections 4505.01 to 4505.19 of the
Revised
Code,
"owner" includes in addition manufacturers and
dealers.
(W)
"Manufacturer" and
"dealer" include all persons
and
firms that are regularly engaged in the
business
of
manufacturing, selling, displaying, offering for
sale, or
dealing
in motor vehicles, at an established place of
business
that is
used exclusively for the purpose of
manufacturing,
selling,
displaying, offering for sale, or
dealing in motor
vehicles. A
place of business that is used for
manufacturing,
selling,
displaying, offering for sale, or
dealing in motor
vehicles shall
be deemed to be used exclusively
for those purposes
even though
snowmobiles or all-purpose
vehicles are sold or
displayed for
sale
thereat, even though
farm machinery is sold or
displayed
for
sale
thereat, or even
though repair, accessory,
gasoline
and oil,
storage, parts,
service, or paint departments
are
maintained
thereat, or, in any
county having a population of
less than
seventy-five thousand
at the last federal
census,
even
though a department in
a place of business is used to
dismantle,
salvage, or rebuild
motor vehicles by means of used
parts, if
such
departments are
operated for the purpose of
furthering and
assisting in the
business of manufacturing,
selling, displaying,
offering for
sale, or dealing in motor
vehicles. Places of
business or
departments in a place of
business used to
dismantle,
salvage,
or rebuild motor vehicles
by
means of using
used parts
are not
considered as being
maintained
for the purpose
of
assisting or
furthering the
manufacturing,
selling,
displaying,
and offering
for sale or
dealing in motor
vehicles.
(X)
"Operator" includes any person who drives or operates
a
motor vehicle upon the public highways.
(Y)
"Chauffeur" means any operator who operates a motor
vehicle, other than a taxicab, as an employee for hire; or any
operator whether or not the owner of a motor vehicle, other than
a
taxicab, who operates such vehicle for transporting, for gain,
compensation, or profit, either persons or property owned by
another. Any operator of a motor vehicle who is voluntarily
involved in
a ridesharing arrangement is not considered an
employee for hire
or operating such vehicle for gain,
compensation, or profit.
(Z)
"State" includes the territories and federal districts
of
the United States, and the provinces of Canada.
(AA)
"Public roads and highways" for vehicles includes all
public thoroughfares, bridges, and culverts.
(BB)
"Manufacturer's number" means the manufacturer's
original serial number that is affixed to or imprinted upon the
chassis
or other part of the motor vehicle.
(CC)
"Motor number" means the manufacturer's original
number
that is affixed to or imprinted upon the engine or motor
of the
vehicle.
(DD)
"Distributor" means any person who is authorized by a
motor
vehicle manufacturer to distribute new motor vehicles to
licensed
motor vehicle dealers at an established place of
business
that is used
exclusively for the purpose of
distributing new motor
vehicles to licensed motor vehicle
dealers, except when the
distributor also is a new motor vehicle
dealer, in which case the
distributor may distribute at the
location of the
distributor's
licensed dealership.
(EE)
"Ridesharing arrangement" means the transportation of
persons in a motor vehicle where the transportation is
incidental
to another purpose of a volunteer driver and includes
ridesharing
arrangements known as carpools, vanpools, and
buspools.
(FF)
"Apportionable vehicle" means any vehicle that is used
or
intended for use in two or more international registration
plan
member jurisdictions that allocate or proportionally
register
vehicles, that is used for the transportation of persons
for hire
or designed, used, or maintained primarily for the
transportation
of property, and that meets any of the following
qualifications:
(1) Is a power unit having a gross vehicle weight in
excess
of twenty-six thousand pounds;
(2) Is a power unit having three or more axles, regardless
of the gross vehicle weight;
(3) Is a combination vehicle with a gross vehicle weight
in
excess of twenty-six thousand pounds.
"Apportionable vehicle" does not include recreational
vehicles, vehicles displaying restricted plates, city pick-up and
delivery vehicles, buses used for the transportation of chartered
parties, or vehicles owned and operated by the United States,
this
state, or any political subdivisions thereof.
(GG)
"Chartered party" means a group of persons who
contract
as a group to acquire the exclusive use of a
passenger-carrying
motor vehicle at a fixed charge for the
vehicle in accordance with
the carrier's tariff, lawfully on file
with the United
States
department of transportation, for the
purpose of group
travel to a
specified destination or for a
particular itinerary,
either agreed
upon in advance or modified
by the chartered group
after having
left the place of origin.
(HH)
"International registration plan" means a reciprocal
agreement of member jurisdictions that is endorsed by the
American
association of motor vehicle administrators, and that
promotes and
encourages the fullest possible use of the highway
system by
authorizing apportioned registration of fleets of
vehicles and
recognizing registration of vehicles apportioned in
member
jurisdictions.
(II)
"Restricted plate" means a license plate that has a
restriction of time, geographic area, mileage, or commodity, and
includes license plates issued to farm trucks under division (J)
of section 4503.04 of the Revised Code.
(JJ)
"Gross vehicle weight," with regard to any commercial
car, trailer, semitrailer, or bus that is taxed at the rates
established under section 4503.042 of the Revised Code, means the
unladen weight of the vehicle fully equipped plus the maximum
weight of the load to be carried on the vehicle.
(KK)
"Combined gross vehicle weight" with regard to any
combination of a commercial car, trailer, and semitrailer, that
is
taxed at the rates established under section 4503.042 of the
Revised Code, means the total unladen weight of the combination
of
vehicles fully equipped plus the maximum weight of the load to
be
carried on that combination of vehicles.
(LL)
"Chauffeured limousine" means a motor vehicle
that is
designed to carry nine or fewer passengers
and is operated for
hire on an hourly basis pursuant to a prearranged contract for
the
transportation of passengers on public roads and highways
along a
route under the control of the person hiring the vehicle
and not
over a defined and regular route.
"Prearranged contract"
means an
agreement, made in advance of boarding, to provide
transportation
from a specific location in a chauffeured
limousine at a fixed
rate per hour or trip.
"Chauffeured
limousine" does not include
any vehicle that is used exclusively
in the
business of funeral
directing.
(MM)
"Manufactured home" has the same
meaning as in
division
(C)(4)
of section 3781.06 of the Revised Code.
(NN)
"Acquired situs,"
with respect to a manufactured home
or
a mobile home, means to
become located in this state by the
placement of the home
on real property, but does not include the
placement of a
manufactured home or a mobile home in the
inventory
of a new
motor vehicle dealer or the inventory of a
manufacturer,
remanufacturer, or distributor of manufactured or
mobile
homes.
(OO)
"Electronic" includes electrical, digital, magnetic,
optical, electromagnetic, or any other form of technology that
entails
capabilities similar to these technologies.
(PP)
"Electronic record" means a record generated,
communicated,
received, or stored by electronic means for use in
an information system or
for transmission from one information
system to another.
(QQ)
"Electronic signature" means a signature in electronic
form
attached to or logically associated with an electronic
record.
(RR)
"Financial transaction device" has the same meaning as
in
division (A) of section 113.40 of the Revised Code.
(SS)
"Electronic motor vehicle dealer" means a motor vehicle
dealer licensed under Chapter 4517. of the Revised Code whom the
registrar of motor
vehicles determines meets the criteria
designated in section 4503.035 of the Revised Code for
electronic
motor vehicle dealers and designates as an electronic motor
vehicle
dealer under that section.
(TT) "Electric personal assistive mobility device" means a
self-balancing two non-tandem wheeled
device that is designed to
transport only one person, has an
electric propulsion system of an
average of seven hundred fifty
watts, and when ridden on a
paved
level surface by an operator who
weighs one hundred seventy
pounds
has a maximum speed of less than
twenty miles per hour.
(UU)
"Limited driving privileges" means the privilege to
operate
a motor vehicle that a court grants under section 4510.021
of the Revised Code to a person
whose driver's or commercial
driver's license or permit or nonresident
operating privilege has
been suspended.
(VV) "Utility vehicle" means a self-propelled vehicle designed with a bed, principally for the purpose of transporting material or cargo in connection with construction, agricultural, forestry, grounds maintenance, lawn and garden, materials handling, or similar activities.
Sec. 4501.37. (A) No court may reverse, suspend, or
delay
any
order made by the
registrar of motor vehicles, or
enjoin,
restrain, or interfere with the
registrar or a deputy
registrar in
the performance of official duties, except
as
provided in
this
chapter
and Chapter 4507. or
4510. of the Revised Code.
(B) A court shall not order the bureau of motor vehicles to delete a record of conviction unless the court finds that deletion of the record of conviction is necessary to correct an error. The bureau shall not comply with a court order that directs the deletion of a record of conviction unless the order states that the record of conviction is being deleted in order to correct an error.
Sec. 4503.103. (A)(1)(a)(i) The registrar of motor vehicles
may adopt
rules to permit any person or lessee, other than a
person receiving an apportioned license plate under the
international registration plan, who owns or leases one
or
more
motor vehicles to file a written application for
registration for no
more than five succeeding registration
years. The
rules adopted
by the registrar may designate the classes of motor vehicles
that
are eligible for such registration. At the time of
application,
all annual taxes and fees shall be
paid for each year for which
the person is registering.
(ii) The registrar shall adopt rules to permit any person or lessee who owns or leases two or more trailers or semitrailers that are subject to the tax rates prescribed in section 4503.042 of the Revised Code for such trailers or semitrailers to file a written application for registration for not more than five succeeding registration years. At the time of application, all annual taxes and fees shall be paid for each year for which the person is registering.
(b)(i) Except as provided in division (A)(1)(b)(ii) of this section, the registrar
shall adopt rules to permit any
person who owns a motor
vehicle to file
an application for registration for the next two
succeeding
registration years.
At the time of application, the
person shall pay the annual taxes and fees for each registration
year, calculated in accordance with division (C) of section
4503.11 of the Revised Code. A person who is registering a
vehicle under division (A)(1)(b) of this section shall pay for each year of registration the additional fee established under division (C)(1) of section 4503.10 of the Revised Code. The person shall also pay one and one-half times the amount of the deputy registrar service fee specified in division (D) of section 4503.10 of the Revised Code or the bureau of motor vehicles service fee specified in division (G) of that section, as applicable.
(ii) Division (A)(1)(b)(i) of this section does not apply to a person receiving an apportioned license plate under the international registration plan, or the owner of a commercial car used solely in intrastate commerce, or the owner of a bus as defined in section 4513.50 of the Revised Code.
(2) No person applying for a multi-year registration under
division (A)(1) of this section is entitled to a refund of any taxes or fees paid.
(3) The registrar shall not issue to any applicant who has
been
issued a final, nonappealable order under division (B) of
this
section a multi-year registration or renewal thereof under
this
division or rules adopted under it for any motor vehicle that
is
required to be inspected under section 3704.14 of the Revised
Code the district of registration of which, as determined under
section 4503.10 of the Revised Code, is or is located in the
county named in the order.
(B) Upon receipt from the director of environmental
protection of a notice issued under division (J) of rules adopted under section
3704.14 of the Revised Code indicating that an owner of a motor
vehicle that is required to be inspected under that section who
obtained a multi-year registration for the vehicle under division
(A) of this section or rules adopted under that division has not
obtained an a required inspection certificate for the vehicle in accordance
with that section in a year intervening between the years of
issuance and expiration of the multi-year registration in which
the owner is required to have the vehicle inspected and obtain an
inspection certificate for it under division (F)(1)(a) of that
section, the registrar in accordance with Chapter 119. of the
Revised Code shall issue an order to the owner impounding the
certificate of registration and identification license plates for
the vehicle. The order also shall prohibit the owner from
obtaining or renewing a multi-year registration for any vehicle
that is required to be inspected under that section, the district
of registration of which is or is located in the same county as
the county named in the order during the number of years after
expiration of the current multi-year registration that equals the
number of years for which the current multi-year registration was
issued.
An order issued under this division shall require the owner
to surrender to the registrar the certificate of registration and
license plates for the vehicle named in the order within five
days
after its issuance. If the owner fails to do so within that
time,
the registrar shall certify that fact to the county sheriff
or
local police officials who shall recover the certificate of
registration and license plates for the vehicle.
(C) Upon the occurrence of either of the following
circumstances, the registrar in accordance with Chapter 119. of
the Revised Code shall issue to the owner a modified order
rescinding the provisions of the order issued under division (B)
of this section impounding the certificate of registration and
license plates for the vehicle named in that original order:
(1) Receipt from the director of environmental protection
of
a subsequent notice under division (J) of rules adopted under section 3704.14 of
the
Revised Code that the owner has obtained the inspection
certificate for the vehicle as required under division (F)(1)(a)
of that section those rules;
(2) Presentation to the registrar by the owner of the
required inspection certificate for the vehicle.
(D) The owner of a motor vehicle for which the certificate
of registration and license plates have been impounded pursuant
to
an order issued under division (B) of this section, upon
issuance
of a modified order under division (C) of this section,
may apply
to the registrar for their return. A fee of two
dollars and fifty
cents shall be charged for the return of the
certificate of
registration and license plates for each vehicle
named in the
application.
Sec. 4503.471. (A) Any person who is a
member in good
standing of the international association of
firefighters may
apply to the registrar of motor vehicles for
the registration of
any passenger car, noncommercial vehicle, motor home recreational vehicle, or
other
vehicle of a class approved by the registrar that the
person owns
or leases and the issuance of international association of
firefighters
license plates. The
application shall be accompanied
by the
written evidence that the registrar may require by rule
showing
that the person is a member in good standing of the
international association of firefighters. The application for
international
association of firefighters license plates may be
combined with a request for
a
special reserved license plate under
section 4503.40 or 4503.42 of the Revised
Code.
Upon receipt of an application for registration of a
vehicle
under this section and
presentation of satisfactory evidence
showing that the person is
a member in good standing of the
international association of
firefighters, the
registrar shall
issue to the applicant the
appropriate vehicle registrations, sets
of license plates and
validation stickers, or validation stickers
alone when
required by section 4503.191 of the
Revised
Code.
In addition to the
letters and numbers ordinarily inscribed
on the license plates, international
association of firefighters
license plates
shall be inscribed with a
Maltese cross emblem
designed
by the international association of firefighters and
approved
by the registrar. International association of
firefighters license plates
shall bear county
identification
stickers that identify the county of registration by name or
number.
The license plates and validation stickers
shall be issued
upon payment of the regular license fee as
prescribed under
section 4503.04 of the Revised
Code, payment of any local motor
vehicle
tax levied under Chapter 4504. of the
Revised Code, and
payment of an
additional fee of ten dollars
for the purpose of
compensating the bureau of motor vehicles for
additional services
required in the issuing of license plates
under this section. If
the application for international association of
firefighters
license
plates is combined with a request for a special reserved
license plate under
section 4503.40 or 4503.42 of the Revised
Code, the license plate and validation sticker
shall be issued
upon payment of the fees and taxes contained in this division
and
the additional fee prescribed under section 4503.40 or 4503.42 of
the Revised Code. The
registrar shall deposit the additional fee
of ten dollars in the state bureau
of motor
vehicles fund created
by section 4501.25 of the
Revised Code.
Whenever a person no longer is eligible to be issued
international association of firefighters license plates, the
person shall
surrender the international association of
firefighters license plates to the
bureau in exchange for license
plates without the
Maltese cross emblem described in this
section.
A fee of five dollars shall be
charged for the services required
in the issuing of replacement
plates when a person no longer is
eligible to be issued
international association of firefighters
license plates.
A person may make application for international association
of firefighters
license plates
at any time of year, and the
registrar shall issue international association
of firefighters
license plates and replacement plates at any time of year.
(B) No person who is not a member in good
standing of the
international association of firefighters shall
willfully and
falsely represent that the person is a
member in good standing of
the international association of
firefighters for the purpose of
obtaining international association of
firefighters license plates
under this section. No
person shall own or lease a vehicle
bearing international association of
firefighters
license plates
unless
the person is eligible to be issued international
association of firefighters
license
plates.
(C) Whoever violates division (B) of this section is guilty
of a misdemeanor of the fourth degree.
Sec. 4503.48. Any person who is a member of the Ohio
national guard or the reserves of the armed forces of the United
States may apply to the registrar of motor vehicles for the
registration of any passenger car, noncommercial motor vehicle,
motor home recreational vehicle, or other vehicle of a class approved by the registrar that the
person owns or leases. The application shall
be accompanied by such written evidence that the person is a member of the
Ohio national guard or of the reserves as the registrar requires by rule.
Upon receipt of an application for registration of a motor
vehicle under this section, presentation of satisfactory
evidence
of membership in the Ohio national guard or the reserves,
and payment
of the regular license fees as prescribed under section 4503.04
of the Revised Code and any local motor vehicle license tax
levied
under Chapter 4504. of the Revised Code, the registrar shall issue to the
applicant the
appropriate motor vehicle registration and a set of license
plates and a validation sticker, or a validation sticker alone
when required by section 4503.191 of the Revised Code. In
addition to the letters and numbers ordinarily inscribed thereon,
the license plates shall be inscribed with identifying words or
markings designed by the department of public safety.
The license plates
shall bear county identification stickers that identify the county of
registration by name or number.
Sec. 4503.50. (A) The owner or lessee of any passenger car,
noncommercial motor vehicle, motor home recreational vehicle, or other vehicle of a class
approved by the registrar of motor vehicles
may apply to
the registrar for the registration of the
vehicle and issuance of
future farmers of America license plates. The
application for
future farmers of America license plates may be combined
with a request for a special reserved license plate under section
4503.40 or 4503.42 of the Revised Code. Upon
receipt of the completed application
and compliance with division
(B) of this section, the registrar shall issue to the
applicant the appropriate vehicle registration and a set of
future farmers of America license
plates with a validation sticker or a
validation sticker alone when required by section 4503.191 of the
Revised Code.
In addition to the letters and numbers ordinarily inscribed
on the license plates, future farmers of America
license plates shall be inscribed with
identifying words or markings
representing the future farmers of America and approved by the
registrar. Future farmers of America license
plates shall bear county identification stickers that identify the county of
registration by name or number.
(B) The future farmers of America license plates and
validation sticker shall be issued upon receipt of a contribution
as provided in division (C) of this section and upon
payment of the regular license tax as prescribed under section
4503.04 of the Revised Code, a fee of
ten dollars for the purpose of compensating the bureau of
motor vehicles for additional services required in the issuing of
the future farmers of America license
plates, any applicable motor vehicle
tax levied under Chapter 4504. of the Revised
Code, and compliance with all other applicable laws
relating to the registration of motor vehicles. If the
application for
future farmers of America license plates is combined with
a request for a special reserved license plate under section
4503.40 or 4503.42 of the Revised Code, the
license plate and validation sticker shall be issued upon payment
of the contribution, fees, and taxes referred to or established in this
division
and the additional fee prescribed under section 4503.40 or
4503.42 of the Revised Code.
(C) For each application for registration and
registration renewal the registrar receives under this section, the
registrar shall collect a contribution
of fifteen dollars.
The registrar shall transmit this contribution to the treasurer
of state for deposit in the
license plate contribution fund created in
section 4501.21 of the Revised Code.
The registrar shall deposit the additional fee of
ten dollars specified in division (B) of this section
that the applicant for registration pays for the
purpose of compensating the bureau for the additional services
required in the issuing of the applicant's
future farmers of America license plates in
the state bureau of motor vehicles fund created in section
4501.25 of the Revised Code.
Sec. 4503.53. Any person who
served in the armed forces of the United States in Saudi
Arabia or Kuwait during Operation Desert Storm or Operation Desert Shield,
in Panama during the invasion, in Grenada during the invasion, in
Lebanon during the invasion, during the Vietnam conflict, during
the Korean conflict, during World War II, or during World War I,
and who is on active duty or is an honorably discharged veteran may
apply to the registrar of motor vehicles for the registration of any passenger
car, noncommercial motor vehicle, motor home recreational vehicle, or other
vehicle of a class approved by the registrar the person owns or
leases. The application shall be accompanied by such written
evidence of the applicant's service as the registrar
requires by rule. In the case of an honorably discharged
veteran, the written evidence shall include a copy of the applicant's
DD-214 form or an equivalent document.
Upon receipt of an application for registration of a motor
vehicle under this section, presentation of satisfactory evidence
of military service in Saudi Arabia or Kuwait during Operation
Desert Storm or Operation Desert Shield, in Panama during the
invasion, in Grenada during the invasion, in Lebanon during the
invasion, during the Vietnam conflict, during the Korean
conflict, during World War II, or during World War I, and payment of
the regular license tax as prescribed under section 4503.04 of
the Revised Code and any applicable local tax levied under Chapter
4504. of the Revised Code, the registrar shall issue to the applicant the
appropriate motor vehicle registration and a set of license
plates and a validation sticker, or a validation sticker alone
when required by section 4503.191 of the Revised Code. In
accordance with rules adopted by the registrar, each license
plate shall be inscribed with identifying letters or numerals and
the word "VETERAN"; in addition, each license plate
shall be
inscribed with a design and words indicating service in Saudi
Arabia, Kuwait, Panama, Grenada, or Lebanon, or during the
Vietnam conflict, the Korean conflict, World War II, or World War
I.
Sec. 4503.571. Any person who has been awarded the purple
heart may apply to the registrar of motor vehicles for the
registration of any passenger car, noncommercial motor vehicle,
motor home recreational vehicle, or other vehicle of a class approved by the registrar
that the person owns or leases. The application shall be accompanied by such
documentary evidence in support of the award as the registrar may require.
The application may be combined with a request for a special reserved
license plate under section 4503.40 or 4503.42 of the
Revised Code.
Upon receipt of an application for registration of a motor
vehicle under this section and the required taxes and fees, and
upon presentation of the required supporting evidence of the award of
the purple
heart, the registrar shall issue to the applicant the appropriate motor
vehicle registration and a set of license plates and a validation sticker, or
a validation sticker alone when required by section 4503.191 of the Revised
Code.
In addition to the letters and numbers ordinarily inscribed
on the license plates, the
license plates shall be inscribed with the words "PURPLE HEART." The
license plates shall bear county identification stickers that identify the
county of registration by name or number.
The license plates and validation stickers shall be issued upon payment of the
regular license fee required by section 4503.04 of the Revised Code, payment
of any local motor vehicle license tax levied under Chapter 4504. of the
Revised Code, and
compliance with
all other applicable laws relating to the registration of motor vehicles. If
the application is combined with a request for a special reserved license
plate under section 4503.40 or 4503.42 of the Revised Code, the license plates
and validation sticker shall be issued upon payment of the
fees and taxes referred to in this section and the additional fee prescribed
under section 4503.40 or 4503.42 of the Revised Code.
No person who is not a recipient of the purple heart shall
willfully and falsely represent that the person is a recipient of a
purple heart for the purpose of obtaining license plates under
this section. No person shall own a motor vehicle bearing
license plates under this section unless the person is eligible
to be issued those license plates.
Sec. 4503.59. The owner or lessee of any passenger car, noncommercial
motor vehicle, motor home recreational vehicle, or other vehicle
of a class approved by
the registrar of motor vehicles who is certified by the Pearl Harbor survivors
association as having survived the attack on Pearl Harbor may apply to the
registrar for the registration of the vehicle and issuance of Pearl Harbor
license plates. The application for Pearl Harbor license plates may be
combined with a request for a special reserved license plate under section
4503.40 or 4503.42 of the Revised Code. Upon receipt of the completed
application, presentation by the applicant of
documentation issued by the Pearl
Harbor survivors association certifying that
the applicant survived the attack on Pearl
Harbor, and compliance by the applicant with
this section, the registrar shall issue to the applicant the appropriate
vehicle registration and a set of Pearl
Harbor license plates with a validation
sticker or a validation sticker alone when required by section 4503.191 of the
Revised Code.
In addition to the letters and numbers ordinarily inscribed thereon,
Pearl Harbor license plates shall be inscribed with the words "Pearl Harbor"
and a symbol or logo designed by the Pearl Harbor survivors association and
approved by the registrar. Pearl Harbor license plates shall bear county
identification stickers that identify the county of registration by name or
number.
Pearl Harbor license plates and validation stickers shall be issued upon
payment of the regular license fee required by section 4503.04 of the Revised
Code, payment of any local motor vehicle license tax levied under Chapter
4504. of the Revised Code,
and
compliance with all other applicable laws relating to the registration of
motor vehicles. If the application for Pearl Harbor license plates is
combined with a request for a special reserved license plate under section
4503.40 or 4503.42 of the Revised Code, the license plates and validation
sticker shall be issued upon payment of the fees and taxes contained in this
section and the additional fee prescribed under section 4503.40 or 4503.42 of
the Revised Code.
Sec. 4503.73. (A) The owner or lessee of any passenger
car,
noncommercial motor vehicle, motor home recreational vehicle, or other vehicle of
a
class
approved by the registrar of motor vehicles may
apply to
the
registrar for the registration of the vehicle and
issuance of
"the
leader in flight" license plates. The
application for
"the
leader
in flight" license plates may be
combined with a request
for a
special reserved license plate under
section 4503.40 or
4503.42 of
the Revised Code. Upon
receipt of the completed
application and
compliance with division (B)
of this section, the
registrar shall
issue to the applicant the appropriate
vehicle
registration and a
set
of
"the leader in flight" license plates
with a validation
sticker or a
validation sticker alone
when
required by section
4503.191 of the Revised Code.
In addition to the letters and numbers ordinarily inscribed
thereon,
"the leader in flight" license plates shall be inscribed
with the words
"the leader in flight" and illustrations of a space
shuttle in a vertical position and the Wright
"B" airplane.
"The
leader in flight" license plates shall bear county identification
stickers that identify the county of registration by name or
number.
(B)
"The leader in flight" license plates and validation
sticker
shall be issued upon
receipt of a contribution as provided
in division
(C) of this section and
payment of the regular license
tax as prescribed
under section 4503.04 of the Revised Code, a fee
of ten
dollars for the purpose of compensating the bureau of motor
vehicles for
additional services required in the issuing of
"the
leader in flight" license plates, any applicable motor vehicle tax
levied
under Chapter 4504. of the Revised Code, and
compliance
with all other applicable laws relating to the registration of
motor vehicles.
If the application for
"the leader in flight"
license plates is combined with
a request for a special reserved
license plate under section
4503.40 or 4503.42 of the Revised
Code, the license plate
and validation sticker shall be issued
upon payment of the fees and taxes
referred to or established in
this division and the additional
fee prescribed under section
4503.40 or 4503.42 of the Revised
Code.
(C)
For each application for registration and registration
renewal received under this section, the registrar shall collect a
contribution of fifteen dollars. The registrar shall transmit
this
contribution to the treasurer of state for deposit in the
license plate contribution fund created in section 4501.21 of
the Revised Code.
The registrar shall deposit the additional fee of ten dollars
specified in division (B) of this section that the applicant for
registration voluntarily pays for the purpose of compensating the
bureau for
the additional
services required in the issuing of the
applicant's
"the leader in
flight" license plates in the state
bureau of motor vehicles fund
created in section 4501.25 of the
Revised Code.
Sec. 4503.85. (A) The owner or lessee of any passenger car,
noncommercial motor vehicle, motor home recreational vehicle, or other vehicle of a
class approved
by the registrar of motor vehicles may apply to
the
registrar for the registration of the vehicle and issuance of
"Fish Lake Erie" license plates. The application
for "Fish Lake Erie"
license plates may be combined
with a
request for a special reserved license plate under section
4503.40
or 4503.42 of the Revised Code. Upon receipt of the
completed
application and compliance with division (B) of this
section, the
registrar shall issue to the applicant the
appropriate vehicle
registration, a
set of "Fish Lake Erie" license plates,
and a validation sticker, or a validation
sticker alone when
required
by section 4503.191 of the Revised
Code.
In addition to the letters and numbers ordinarily inscribed
on the
license plates, "Fish Lake Erie" license
plates
shall be
inscribed with identifying words or markings designed by the Ohio sea grant college program and
approved by
the
registrar. "Fish Lake Erie" license plates shall
bear
county identification stickers that identify the county of
registration by name or number.
(B) "Fish Lake Erie" license plates and a
validation
sticker or, when applicable, a validation sticker alone
shall be
issued upon receipt of an application for registration of
a motor
vehicle submitted under this section and a contribution as
provided in division (C) of this section, payment of the regular
license tax as prescribed under section 4503.04 of the Revised
Code, any applicable motor vehicle tax
levied under Chapter 4504.
of the Revised Code, and
an
additional fee of ten dollars, and
compliance with all other applicable laws
relating to the
registration of motor vehicles. If the application for "Fish Lake Erie" license plates is combined with a request
for a
special reserved license plate under section 4503.40 or
4503.42 of
the Revised Code, the license plates and validation
sticker
or
validation sticker alone shall be issued upon payment
of the fees
and taxes
referred to or established in this division
plus the
additional fee prescribed in section 4503.40 or 4503.42
of the
Revised Code.
(C) For each application for registration and registration
renewal that the registrar receives under this section, the
registrar
shall collect a contribution of fifteen dollars. The
registrar
shall deposit this contribution into the state treasury to the credit of the license
plate contribution
fund
created in section 4501.21 of the Revised Code.
The additional fee of ten dollars described in division (B)
of
this section shall be for the purpose of compensating the
bureau of motor
vehicles for additional services required in
issuing
license plates under this section. The registrar shall
deposit that fee into the
state treasury to the credit of the state bureau of motor vehicles fund
created by section 4501.25 of the Revised Code.
Sec. 4503.91.
(A) The owner or lessee of any passenger car,
noncommercial motor vehicle, motor home recreational vehicle, or other vehicle of a
class approved
by the registrar of motor vehicles may apply to
the
registrar for the registration of the vehicle and issuance of
"choose life" license plates. The application for "choose life"
license plates may be combined with a request for a special
reserved license plate under section 4503.40 or 4503.42 of the
Revised Code. Upon receipt of
the completed application and
compliance with divisions (B) and (C) of this
section, the registrar shall
issue to the applicant the appropriate vehicle
registration and a
set
of "choose life" license plates with a validation sticker or a
validation
sticker alone when
required by section 4503.191 of the
Revised Code.
In addition to
the letters and numbers ordinarily inscribed
on license plates, "choose life"
license plates shall be inscribed
with the words "choose
life" and a marking designed by "choose life, inc.,"
a private, nonprofit corporation incorporated in the state of Florida. The registrar shall review the design and approve it if the design is feasible. If the design is not feasible, the registrar shall notify "choose life, inc," and the organization may resubmit designs until a feasible one is approved.
"Choose life" license plates shall bear county
identification
stickers that identify the county of
registration by name or
number.
(B) "Choose life" license plates and a validation sticker, or a validation sticker alone,
shall
be issued upon receipt of a contribution as provided in
division
(C) of this section and upon payment of the
regular
license tax prescribed in section 4503.04 of the Revised
Code, any
applicable motor vehicle tax
levied under Chapter 4504. of the
Revised Code, any applicable additional fee prescribed by section 4503.40 or 4503.42 of the Revised Code, a fee of
ten dollars for the purpose of compensating
the bureau of motor vehicles for additional services required in
the issuing of "choose life" license plates, and
compliance with
all other applicable laws relating to the
registration of motor
vehicles.
(C)(1) For each application for registration and registration
renewal received under this section, the registrar shall collect a
contribution of twenty dollars. The registrar shall
transmit
this contribution to the treasurer of state for deposit
in the
"choose life" fund created in section 3701.65
of the
Revised Code.
(2) The registrar shall deposit the additional fee of ten dollars
specified in division (B) of this section for the purpose of
compensating the bureau for the additional services required in
issuing
"choose life" license plates in the state bureau
of motor
vehicles fund created in section 4501.25 of the Revised
Code.
Sec. 4505.06. (A)(1) Application for a certificate of
title
shall be made in a form prescribed by the registrar of
motor
vehicles and shall be sworn to before a notary public or
other
officer empowered to administer oaths. The application
shall be
filed with the clerk of
any court of common pleas.
An
application for a
certificate of title may be filed
electronically by
any
electronic
means approved by the registrar
in
any county
with the clerk of the court of common pleas
of
that county. Any
payments required by
this chapter
shall be
considered as
accompanying any
electronically transmitted
application when
payment actually is
received by the clerk.
Payment of any fee or
taxes may be made
by
electronic transfer
of
funds.
(2) The application for a certificate of title shall be
accompanied
by the fee prescribed in section 4505.09 of the
Revised Code. The fee shall be retained by the clerk who
issues
the
certificate of title and shall be distributed in
accordance
with that section.
If a clerk of a court of common
pleas, other
than the clerk of the court of
common pleas of an
applicant's
county of residence, issues a certificate of
title to
the
applicant, the clerk shall transmit data related to the
transaction to the automated title processing
system.
(3) If a certificate of title previously has been issued for
a
motor vehicle in this state,
the application for a
certificate of title also shall be accompanied by that
certificate
of title duly assigned, unless otherwise provided in
this chapter.
If a certificate of title previously has not been
issued for the
motor vehicle in this state, the application,
unless otherwise
provided in this chapter, shall be accompanied
by a manufacturer's
or importer's certificate or by a certificate
of title
of another
state
from which the motor vehicle was
brought into this state.
If
the
application refers to a motor
vehicle last previously
registered
in another state, the
application also shall be
accompanied by
the physical inspection
certificate required by
section 4505.061
of the Revised Code.
If
the application is made
by two persons
regarding a motor
vehicle
in which they wish to
establish joint
ownership with
right of
survivorship, they may do
so as provided
in section
2131.12 of
the Revised Code.
If the applicant requests a
designation of
the
motor vehicle in beneficiary form so that upon
the death of
the
owner of the motor vehicle, ownership of the
motor vehicle
will
pass to a designated transfer-on-death
beneficiary or
beneficiaries, the applicant may do so as provided
in section
2131.13 of the Revised Code. A person who establishes
ownership
of a motor vehicle that is transferable on death in
accordance
with section 2131.13 of the Revised Code may terminate
that type
of ownership or change the designation of the
transfer-on-death
beneficiary or beneficiaries by applying for a
certificate of
title pursuant to this section. The clerk
shall
retain
the
evidence of title
presented by the applicant and
on
which the
certificate of title
is issued,
except that, if an
application
for a
certificate of
title is
filed electronically
by
an
electronic motor vehicle
dealer on behalf of the
purchaser
of a
motor vehicle, the clerk
shall retain the completed
electronic
record to which the dealer
converted the certificate
of title
application and other required
documents. The
registrar, after consultation
with the attorney general, shall
adopt rules that govern the
location at which, and the manner in
which, are stored the actual
application and all other documents
relating to the sale of a
motor vehicle when an electronic motor
vehicle dealer files the
application for a certificate of title
electronically on behalf of
the purchaser.
The clerk shall use reasonable
diligence in
ascertaining
whether or not the facts in the
application
for a
certificate of
title are true by checking the application and
documents
accompanying it
or the
electronic record to which a
dealer
converted the
application and
accompanying documents
with
the
records of motor vehicles in the clerk's
office.
If the
clerk is
satisfied that the applicant is the
owner of the
motor
vehicle
and that the application is in the
proper form,
the
clerk,
within
five business days after the
application is
filed and except as provided in section 4505.021 of the Revised Code, shall
issue a
physical
certificate of title
over the
clerk's signature
and
sealed with the clerk's seal,
unless
the
applicant
specifically
requests the clerk not to issue a
physical
certificate of title
and instead to
issue an electronic
certificate of title. For
purposes of the transfer of a
certificate
of title, if the clerk
is satisfied that the secured
party has duly discharged
a lien
notation but has not canceled
the lien notation with
a
clerk, the
clerk may cancel the lien
notation on
the automated title
processing system and notify the
clerk of the
county of origin.
(4) In the case of the sale of a motor vehicle to a general
buyer
or user
by a dealer, by a motor vehicle leasing dealer
selling
the
motor
vehicle to the lessee or, in a case in which
the
leasing
dealer subleased the
motor vehicle, the sublessee,
at
the end of
the lease agreement or sublease
agreement, or by a
manufactured
home
broker, the certificate of title shall be
obtained in the
name of the buyer by the dealer, leasing
dealer,
or
manufactured home
broker, as the case may be, upon
application
signed by
the buyer. The certificate of title shall
be issued, or
the process
of entering the certificate of title
application
information into the automated title processing
system if a
physical
certificate of title is not to be issued
shall
be
completed, within
five business days after the
application for
title is filed with
the clerk. If the buyer of
the motor vehicle
previously leased the motor
vehicle and
is
buying the motor
vehicle at the end of the lease pursuant to that
lease,
the
certificate of title shall be obtained in the name of
the buyer by
the
motor vehicle leasing dealer who previously
leased the motor
vehicle to the
buyer or by the motor vehicle
leasing dealer who
subleased the motor vehicle
to the buyer
under a sublease
agreement.
In all other cases, except as provided in
section 4505.032
and division (D)(2)
of section 4505.11 of the Revised Code, such
certificates shall
be obtained by the buyer.
(5)(a)(i) If the certificate of title is being obtained in
the name of the buyer by a motor vehicle dealer or motor vehicle
leasing dealer and there is a security interest to be noted on the
certificate of title, the dealer or leasing dealer shall submit
the application for the certificate of title and payment of the
applicable tax to a clerk within seven business days after the
later of the delivery of the motor vehicle to the
buyer or the
date the dealer or leasing dealer obtains the
manufacturer's or
importer's certificate, or certificate of title
issued in the name
of the dealer or leasing dealer, for the motor vehicle.
Submission
of the application for the
certificate of title and payment of the
applicable tax within the
required seven business days may be
indicated by postmark or
receipt by a clerk within that period.
(ii) Upon receipt of the certificate of title with the
security interest noted on its face, the dealer or leasing dealer
shall forward the certificate of title to the secured party at the
location noted in the financing documents or otherwise specified
by the secured party.
(iii) A motor vehicle dealer or motor vehicle leasing
dealer
is liable to a secured party for a late fee of ten dollars
per day
for each certificate of title application and payment of
the
applicable tax that is submitted to a clerk more than seven
business days
but less than twenty-one days after the later of the
delivery of the motor vehicle to the buyer or the date the
dealer
or leasing dealer obtains the manufacturer's or importer's
certificate, or certificate of title issued in the name of the
dealer or leasing dealer, for the motor vehicle and,
from then on,
twenty-five dollars per day until the application
and applicable
tax are submitted to a clerk.
(b) In all cases of
transfer of
a motor vehicle, the
application for certificate of
title shall be
filed within
thirty days after the assignment or
delivery of the
motor
vehicle. If an application for a
certificate of title is
not
filed within
the period
specified in division (A)(5)(b) of
this
section, the clerk
shall collect a fee of
five dollars for
the
issuance of the
certificate, except that no
such fee shall
be
required from a
motor vehicle salvage dealer,
as defined in
division (A) of
section 4738.01 of the Revised
Code, who
immediately surrenders
the certificate of title for
cancellation. The fee shall be in
addition to all other fees
established by this chapter, and shall
be retained by the clerk.
The
registrar shall provide, on the
certificate of title form
prescribed by section 4505.07 of the
Revised Code, language
necessary to give evidence of the date on
which the assignment or
delivery of the motor vehicle was made.
(6) As used in
division
(A) of this section,
"lease
agreement,"
"lessee," and
"sublease
agreement" have the same
meanings as in section 4505.04
of the Revised Code.
(B)(1) The clerk, except as provided in this section, shall
refuse to accept for filing any application for a certificate of
title and shall refuse to issue a certificate of title unless the
dealer or manufactured home broker or the applicant, in cases in
which the
certificate shall be obtained by the buyer, submits
with
the
application payment of the tax levied by or pursuant to
Chapters
5739. and 5741. of the Revised Code
based on the
purchaser's county of residence. Upon payment of the tax in
accordance with division (E) of this section, the clerk shall
issue a receipt prescribed by the registrar and agreed upon by the
tax
commissioner showing payment of the tax or a receipt issued
by
the
commissioner showing the payment of the tax. When
submitting
payment of the
tax to the clerk, a dealer shall
retain any
discount to which the dealer is
entitled under
section 5739.12 of
the Revised Code.
(2) For receiving and disbursing such taxes paid to the clerk
by
a resident of the clerk's county,
the clerk may retain a poundage
fee of one and one one-hundredth
per cent,
and the clerk
shall
pay the poundage fee
into the certificate of title
administration fund created by
section 325.33 of the
Revised
Code.
The clerk shall not retain a
poundage fee from payments of
taxes by persons who do not reside
in the clerk's county.
A clerk, however, may retain from the taxes paid to the
clerk
an amount equal to the poundage fees associated with
certificates
of title issued by other clerks of courts of common
pleas to
applicants who reside in the first clerk's county. The
registrar,
in consultation with the tax commissioner and the
clerks of the
courts of common pleas, shall develop a report from
the automated
title processing system that informs each clerk of
the amount of
the poundage fees that the clerk is permitted to
retain from those
taxes because of certificates of title issued by
the clerks of
other counties to applicants who reside in the first
clerk's
county.
(3) In the case of casual sales of motor vehicles, as defined
in
section 4517.01 of the Revised Code, the price
for the purpose of
determining the tax shall be the purchase
price on the assigned
certificate of title executed
by the seller and filed with the
clerk by the
buyer on a form to be prescribed by the registrar,
which shall
be prima-facie evidence of the amount for the
determination of the tax.
(4) Each county clerk shall forward to the treasurer of state all sales and use tax collections resulting from sales of motor vehicles, off-highway motorcycles, and all-purpose vehicles during a calendar week on or before the Friday following the close of that week. If, on any Friday, the offices of the clerk of courts or the state are not open for business, the tax shall be forwarded to the treasurer of state on or before the next day on which the offices are open. Every remittance of tax under division (B)(4) of this section shall be accompanied by a remittance report in such form as the tax commissioner prescribes. Upon receipt of a tax remittance and remittance report, the treasurer of state shall date stamp the report and forward it to the tax commissioner. If the tax due for any week is not remitted by a clerk of courts as required under division (B)(4) of this section, the commissioner may require the clerk to forfeit the poundage fees for the sales made during that week.
The treasurer of state may require the clerks of courts to transmit tax collections and remittance reports electronically.
(C)(1) If the transferor indicates on the certificate of
title
that the odometer reflects mileage in excess of the
designed
mechanical limit of the odometer, the clerk shall enter
the
phrase
"exceeds mechanical limits" following the mileage
designation. If
the transferor indicates on the certificate of
title that the
odometer reading is not the actual mileage, the
clerk shall enter
the phrase
"nonactual: warning -
odometer
discrepancy" following
the mileage designation. The clerk shall
use
reasonable care in
transferring the information supplied
by
the transferor, but is
not liable for any errors or omissions
of
the clerk or those of
the clerk's deputies in the
performance of
the clerk's duties
created by this chapter.
The registrar shall prescribe an affidavit in which the
transferor shall swear to the true selling price and, except as
provided in this division, the true odometer reading of the motor
vehicle. The registrar may prescribe an affidavit in which the
seller and buyer provide information pertaining to the odometer
reading of the motor vehicle in addition to that required by this
section, as such information may be required by the United States
secretary of transportation by rule prescribed under authority of
subchapter IV of the
"Motor Vehicle Information and Cost Savings
Act," 86 Stat. 961 (1972), 15 U.S.C. 1981.
(2) Division (C)(1) of this
section does not require the
giving of information
concerning the odometer and odometer
reading
of a motor vehicle
when ownership of a motor vehicle is
being
transferred as a
result of a bequest, under the laws of
intestate
succession, to a
survivor pursuant to
section
2106.18,
2131.12, or 4505.10
of the Revised
Code,
to a
transfer-on-death beneficiary or beneficiaries
pursuant
to section
2131.13 of the Revised Code, in
connection
with the
creation
of a
security interest or for a vehicle with a gross vehicle weight rating of more than sixteen thousand pounds.
(D) When the transfer to the applicant was made in some
other state or in interstate commerce, the clerk, except as
provided in this section, shall refuse to issue any certificate
of
title unless the tax imposed by or pursuant to Chapter
5741.
of
the Revised Code
based on the purchaser's county of residence
has
been paid as evidenced by a receipt issued by the tax
commissioner, or
unless the applicant submits with the
application
payment of
the tax. Upon payment of the tax in
accordance with
division
(E) of this section, the clerk shall
issue a
receipt
prescribed by the
registrar and agreed upon by
the tax
commissioner, showing
payment of the tax.
For
receiving and
disbursing such taxes paid
to the clerk
by a resident of the clerk's county, the clerk
may retain a
poundage
fee of one
and one one-hundredth per cent.
The
clerk
shall not retain a poundage fee from payments of taxes by
persons
who do not reside in the clerk's county.
A clerk, however, may retain from the taxes paid to the
clerk
an amount equal to the poundage fees associated with
certificates
of title issued by other clerks of courts of common
pleas to
applicants who reside in the first clerk's county. The
registrar,
in consultation with the tax commissioner and the
clerks of the
courts of common pleas, shall develop a report from
the automated
title processing system that informs each clerk of
the amount of
the poundage fees that the clerk is permitted to
retain from those
taxes because of certificates of title issued by
the clerks of
other counties to applicants who reside in the first
clerk's
county.
When the vendor is
not regularly
engaged in the
business of
selling
motor
vehicles, the vendor
shall not be required to
purchase a
vendor's
license or make
reports concerning
those
sales.
(E) The clerk shall accept any payment of a tax in cash, or
by
cashier's check, certified
check, draft,
money order, or
teller check issued by any
insured financial institution payable
to the clerk and submitted with an
application
for a certificate
of title under division (B)
or (D) of this section. The clerk
also may
accept payment of the tax by corporate, business, or
personal check, credit
card, electronic transfer or wire
transfer,
debit card, or any other accepted
form of payment made
payable to
the clerk. The clerk may require bonds,
guarantees,
or letters of
credit to ensure the collection of corporate,
business, or
personal
checks. Any service fee charged by a
third party to a
clerk for the use of
any form of payment may be
paid by the clerk
from the certificate of title
administration
fund created in
section 325.33 of the Revised Code, or may be
assessed by the
clerk upon the applicant as an additional fee.
Upon
collection,
the additional fees shall be paid by the clerk
into that
certificate of title administration fund.
The clerk shall make a good faith effort to collect any
payment of taxes
due but not made because the payment was
returned
or dishonored, but the clerk
is not personally liable
for the
payment of uncollected taxes or uncollected
fees. The
clerk
shall
notify the tax commissioner of any such payment of
taxes that is
due but
not made and shall furnish
the
information to the
commissioner
that the
commissioner
requires.
The clerk shall deduct
the amount of taxes due but not
paid from
the clerk's periodic
remittance of tax payments, in
accordance
with
procedures agreed
upon by the tax commissioner.
The
commissioner may collect
taxes
due by assessment in the
manner
provided in section 5739.13 of the
Revised Code.
Any person who presents payment that is returned or
dishonored for any
reason is liable to the clerk for payment of a
penalty over and above the
amount of the taxes due. The clerk
shall determine the amount of the penalty,
and the penalty
shall
be no
greater than that amount necessary to compensate the
clerk
for
banking charges, legal fees, or other expenses
incurred by
the
clerk in
collecting the returned or dishonored
payment. The
remedies and procedures
provided in this section
are in addition
to any other available civil or
criminal
remedies. Subsequently
collected penalties, poundage
fees, and
title
fees, less
any
title
fee
due the state, from returned or
dishonored payments
collected
by
the clerk shall be paid into the
certificate of
title
administration fund.
Subsequently
collected taxes, less
poundage
fees,
shall be sent by the clerk
to the
treasurer of
state
at the next
scheduled periodic
remittance of tax payments,
with
information as the
commissioner may require. The clerk
may
abate
all or any part of
any penalty assessed under this
division.
(F) In the following cases, the clerk shall accept for
filing
an application and shall issue a certificate of title
without requiring payment or evidence of payment of the tax:
(1) When the purchaser is this state or any of its
political
subdivisions, a church, or an organization whose
purchases are
exempted by section 5739.02 of the Revised Code;
(2) When the transaction in this state is not a retail
sale
as defined by section 5739.01 of the Revised Code;
(3) When the purchase is outside this state or in
interstate
commerce and the purpose of the purchaser is not to
use, store, or
consume within the meaning of section 5741.01 of
the Revised Code;
(4) When the purchaser is the federal government;
(5) When the motor vehicle was purchased outside this
state
for use outside this state;
(6) When the motor vehicle is purchased by a nonresident
of
this state for immediate removal from this state, and will be
permanently titled and registered in another state, as provided
by
division (B)(23) of section 5739.02 of the Revised Code,
and
upon
presentation of a copy of the affidavit provided by
that
section,
and a copy of the exemption certificate provided
by
section
5739.03 of the Revised Code.
The clerk shall forward all payments of taxes, less
poundage
fees, to the treasurer of state in a manner to be
prescribed
by
the
tax commissioner and shall furnish
information
to
the
commissioner as the commissioner requires.
(G) An application, as prescribed by the registrar
and
agreed to by the tax commissioner, shall be filled out and sworn
to by the buyer of a motor vehicle in a casual sale. The
application shall contain the following notice in bold lettering:
"WARNING TO TRANSFEROR AND TRANSFEREE (SELLER AND BUYER): You
are
required by law to state the true selling price. A false
statement is in
violation of section 2921.13 of
the Revised Code
and is punishable by six months' imprisonment or
a fine of up to
one thousand dollars, or both. All transfers are
audited by the
department of taxation. The seller and buyer must
provide any
information requested by the department of taxation. The buyer
may be assessed any additional tax found to be due."
(H) For sales of manufactured homes or mobile homes
occurring
on or after January 1, 2000, the clerk shall accept for
filing,
pursuant to
Chapter 5739. of the Revised Code, an
application for a
certificate of title for a manufactured home or
mobile home
without requiring payment of any tax pursuant to
section
5739.02, 5741.021, 5741.022, or 5741.023 of the
Revised
Code, or a receipt issued by
the tax commissioner showing payment
of the tax. For sales of
manufactured homes or mobile homes
occurring on or after January 1,
2000, the applicant shall pay to
the clerk an additional fee of five dollars
for each certificate
of title issued by the clerk for a
manufactured or mobile home
pursuant to division (H) of section 4505.11 of the Revised Code
and for each certificate of title issued upon transfer of
ownership of
the home. The clerk shall credit the fee to the
county
certificate of title administration fund, and the fee shall
be used to
pay
the expenses of archiving
those certificates
pursuant to
division
(A) of section 4505.08
and division (H)(3)
of section
4505.11 of
the Revised Code. The tax commissioner
shall
administer any tax
on a manufactured or mobile home
pursuant to
Chapters 5739. and
5741. of the
Revised Code.
(I) Every clerk shall have the capability to transact by
electronic means all procedures and transactions relating to the
issuance of
motor vehicle certificates of title that are
described
in the Revised Code as being accomplished by
electronic means.
Sec. 4506.03. (A) Except as provided in divisions (B) and (C) of this section, the
following
shall apply:
(1) No person shall drive a commercial motor vehicle on a
highway in this state unless
the person holds, and has in the person's possession, a valid
commercial
driver's
license with proper endorsements for the motor
vehicle
being
driven, issued by the registrar of motor vehicles, a
valid
examiner's commercial driving permit issued under section
4506.13
of the Revised Code, a valid restricted commercial
driver's
license and waiver for farm-related service industries
issued
under section 4506.24 of the Revised Code, or a valid
commercial
driver's license temporary instruction permit issued by
the
registrar and is accompanied by an authorized state driver's
license examiner or tester or a person who has been issued and
has
in
the person's immediate possession a current, valid
commercial
driver's license with proper endorsements for the motor
vehicle
being driven.
(2) No person shall be issued a commercial driver's
license
until
the person surrenders to the registrar of motor
vehicles
all valid licenses issued to
the person by another
jurisdiction
recognized by this state. The registrar shall report the surrender of a license to the issuing authority, together with information that a license is now issued in this state. The registrar shall destroy any such license that is not returned to the issuing authority.
(3) No person who has been a resident of this state for
thirty days or longer shall drive a commercial motor vehicle
under
the authority of a commercial driver's license issued by
another
jurisdiction.
(B) Nothing in division (A) of this section applies to any qualified
person when engaged in the operation of any of the following:
(2) Fire equipment for a fire department, volunteer or
nonvolunteer fire company, fire district, or joint fire district;
(3) A public safety vehicle used to provide transportation
or emergency medical service for ill or injured persons;
(4) A recreational vehicle;
(5) A commercial motor vehicle within the boundaries of an
eligible unit of
local government, if the person is employed by
the eligible unit of local
government and is operating the
commercial motor vehicle for the purpose of
removing snow or ice
from a roadway by plowing, sanding, or salting, but only
if either
the employee who holds a commercial driver's license issued under
this chapter and ordinarily operates a commercial motor vehicle
for these
purposes is unable to operate the vehicle, or the
employing eligible unit of
local government determines that a snow
or ice emergency exists that requires
additional assistance;
(6) A vehicle
operated for military purposes by any member
or uniformed employee of the armed forces
of the United States or their
reserve components, including the
Ohio national guard. This exception
does not apply to United
States reserve technicians.
(7) A commercial motor vehicle that is operated
for
nonbusiness purposes. "Operated for nonbusiness purposes"
means
that the commercial motor vehicle is not used in commerce
as
"commerce" is defined in 49 C.F.R.
383.5, as amended, and is not
regulated by the public utilities
commission pursuant to Chapter
4919., 4921., or 4923. of the
Revised Code.
(8)
A motor vehicle that is designed primarily for the
transportation of
goods and not persons, while that motor vehicle
is being used for the
occasional transportation of
personal
property by
individuals not
for compensation and not in the
furtherance of a
commercial
enterprise;
(9) A police SWAT team vehicle.
(C) Nothing contained in division (B)(5) of this section
shall be
construed as
preempting or superseding any law, rule, or
regulation of this state
concerning the safe operation of
commercial motor vehicles.
(D)
Whoever violates this section is guilty of a misdemeanor
of
the first degree.
Sec. 4506.07. (A) Every application for a commercial
driver's license, restricted commercial driver's license, or a
commercial driver's temporary instruction permit, or a duplicate
of such a license, shall be made upon a form approved and
furnished by the registrar of motor vehicles. Except as provided
in section 4506.24 of the Revised Code in regard to a restricted
commercial driver's license, the application shall be signed by
the applicant and shall contain the following information:
(1) The applicant's name, date of birth, social security account
number, sex, general description including height, weight, and
color of hair and eyes, current residence, duration of residence
in this state, country of citizenship, and occupation;
(2) Whether the applicant previously has been licensed to
operate a commercial motor vehicle or any other type of motor
vehicle in another state or a foreign jurisdiction and, if so,
when, by what state, and whether the license or driving
privileges currently are suspended or revoked in any
jurisdiction, or the applicant otherwise has been disqualified
from operating a commercial motor vehicle, or is subject to an
out-of-service order issued under this chapter or any similar law
of another state or a foreign jurisdiction and, if so, the date
of, locations involved, and reason for the suspension,
revocation, disqualification, or out-of-service order;
(3) Whether the applicant is afflicted with or suffering
from any physical or mental disability or disease that prevents
the applicant from exercising reasonable and ordinary
control over a motor
vehicle while operating it upon a highway or is or has been
subject to any condition resulting in episodic impairment of
consciousness or loss of muscular control and, if so, the nature
and extent of the disability, disease, or condition, and the
names and addresses of the physicians attending the
applicant;
(4) Whether the applicant has obtained a medical
examiner's certificate as required by this chapter;
(5) Whether the applicant has pending a citation for
violation of any motor vehicle law or ordinance except a parking
violation and, if so, a description of the citation, the court
having jurisdiction of the offense, and the date when the offense
occurred;
(6) Whether the applicant wishes to certify willingness to
make an anatomical donation under section 2108.04 of the Revised
Code, which shall be given no consideration in the issuance of a
license;
(7) On and after May 1, 1993, whether the applicant has
executed a valid durable power of attorney for health care
pursuant to sections 1337.11 to 1337.17 of the Revised Code or
has executed a declaration governing the use or continuation, or
the withholding or withdrawal, of life-sustaining treatment
pursuant to sections 2133.01 to 2133.15
of the Revised Code and, if the
applicant has executed either type of instrument, whether the
applicant wishes the license issued to indicate that
the applicant has executed the instrument.
(B) Every applicant shall certify, on a form approved and
furnished by the registrar, all of the following:
(1) That the motor vehicle in which the applicant intends
to take the driving skills test is representative of the type of
motor vehicle that the applicant expects to operate as a driver;
(2) That the applicant is not subject to any
disqualification or out-of-service order, or license suspension,
revocation, or cancellation, under the laws of this state, of
another state, or of a foreign jurisdiction and does not have
more than one driver's license issued by this or another state or
a foreign jurisdiction;
(3) Any additional information, certification, or evidence
that the registrar requires by rule in order to ensure that the
issuance of a commercial driver's license to the applicant is in
compliance with the law of this state and with federal law.
(C) Every applicant shall execute a form, approved and
furnished by the registrar, under which the applicant consents to
the release by the registrar of information from the applicant's
driving record.
(D) The registrar or a deputy registrar, in accordance with
section
3503.11 of the Revised Code, shall register as an elector any applicant
for a commercial driver's license or for a renewal or duplicate
of such a license under this chapter, if the applicant is
eligible and wishes to be registered as an elector. The decision of an
applicant whether to register as an elector shall be given no consideration in
the decision of whether to issue the applicant a license or
a renewal or duplicate.
(E) The registrar or a deputy registrar, in accordance with
section
3503.11 of the Revised Code, shall offer the opportunity of completing
a notice of change of residence or change of name to any applicant for a
commercial
driver's license or for a renewal or duplicate of such a license
who is a resident of this state, if the applicant is a registered
elector who has changed the applicant's residence or name
and has not filed such a notice.
(F) In considering any application submitted pursuant to this section, the bureau of motor vehicles may conduct any inquiries necessary to ensure that issuance or renewal of a commercial driver's license would not violate any provision of the Revised Code or federal law.
Sec. 4506.101. Notwithstanding any provision of the Revised Code, the bureau of motor vehicles shall not issue or renew a commercial driver's license if issuance or renewal of the license would violate federal law.
Sec. 4506.161. No court shall issue an order granting limited driving privileges for operation of a commercial motor vehicle to any person whose driver's license or commercial driver's license has been suspended or who has been disqualified from operating a commercial motor vehicle.
Sec. 4511.191. (A)(1) "Physical control" has the same
meaning as in section 4511.194 of the Revised Code.
(2) Any person who operates a vehicle, streetcar, or
trackless trolley upon
a highway or any public or private property
used by the public
for vehicular travel or parking within this
state
or who is in physical control of a vehicle,
streetcar, or
trackless trolley shall be deemed
to have given
consent to a
chemical test or tests of the
person's
whole blood,
blood serum or
plasma, breath, or urine
to
determine the alcohol,
drug, or
alcohol and drug
content of the
person's
whole blood,
blood serum
or plasma,
breath, or urine
if
arrested
for
a
violation of
division (A) or
(B) of
section 4511.19 of the Revised
Code,
section 4511.194 of
the
Revised Code or a substantially equivalent municipal ordinance, or a municipal OVI
ordinance.
(3) The chemical test or tests
under division (A)(2) of this
section shall be
administered at the request of a
law
enforcement
officer having reasonable
grounds to believe the
person
was
operating
or in physical control of a
vehicle,
streetcar, or
trackless trolley in
violation of a division,
section, or
ordinance identified in
division (A)(2) of this
section. The law
enforcement agency by
which the
officer is
employed shall
designate which of the tests
shall be
administered.
(4) Any person who is dead or unconscious, or who
otherwise
is in a condition rendering the person incapable of
refusal,
shall
be deemed
to have
consented
as provided
in
division (A)(2) of
this section, and the test or
tests may be
administered, subject
to sections 313.12 to 313.16 of
the Revised
Code.
(B)(1) Upon receipt of the sworn report of
a
law
enforcement
officer
who arrested a person for a violation of
division (A) or (B) of section 4511.19 of the Revised Code,
section 4511.194 of the Revised Code or a substantially equivalent municipal ordinance, or a municipal OVI ordinance
that was completed and sent to the registrar and a court pursuant
to
section
4511.192 of the
Revised Code in regard to a
person who
refused to take the
designated chemical test, the
registrar shall
enter into the
registrar's records the fact
that the person's
driver's or
commercial driver's license or permit or nonresident
operating
privilege was suspended by the arresting officer under
this
division and that section and the period of the
suspension,
as determined under
this
section. The suspension shall be
subject to appeal as
provided in
section
4511.197 of the Revised
Code. The suspension
shall be for whichever of the
following
periods applies:
(a)
Except when division (B)(1)(b), (c), or (d) of
this
section applies and specifies a different class or length of
suspension,
the
suspension shall be
a class C suspension for the
period of time specified in
division (B)(3) of section 4510.02 of
the Revised Code.
(b) If the arrested person, within
six years of the
date
on
which the person refused the request to consent to the
chemical
test,
had refused one previous request to consent to a
chemical
test, the
suspension
shall be
a class B suspension imposed for
the period of time
specified in division (B)(2) of section 4510.02
of the Revised
Code.
(c) If the arrested person, within
six years of the
date
on
which the person refused the request to consent to the
chemical
test,
had refused two previous requests to consent to a
chemical
test,
the
suspension
shall be
a class A suspension imposed for
the period of time
specified in division (B)(1) of section 4510.02
of the Revised
Code.
(d) If the arrested person, within
six years of the
date
on
which the person refused the request to consent to the
chemical
test,
had refused three or more previous requests to
consent to a
chemical test, the
suspension
shall be
for five
years.
(2)
The registrar shall terminate a suspension of the
driver's or commercial driver's license
or permit of a resident or
of the operating privilege of a nonresident, or a
denial of a
driver's or commercial
driver's license or permit, imposed
pursuant to division (B)(1) of
this
section upon receipt of notice
that the person has entered a
plea of guilty to, or that the person has been
convicted after entering a plea of no contest to, operating a vehicle in violation
of section 4511.19
of
the Revised Code or in violation of a municipal
OVI ordinance,
if the offense for which the conviction is had or
the
plea is
entered arose from the same incident that led to the suspension or
denial.
The registrar shall credit against any judicial suspension of
a
person's driver's or commercial driver's license or permit or
nonresident operating privilege imposed pursuant to section
4511.19 of the Revised Code, or
pursuant to section 4510.07 of the
Revised Code for a violation of a municipal OVI
ordinance, any
time during which the person serves a related suspension
imposed
pursuant to division (B)(1) of this section.
(C)(1) Upon receipt of the sworn report of the
law
enforcement
officer
who arrested a person for a violation of
division (A) or
(B) of section 4511.19 of the Revised Code or a
municipal OVI
ordinance that was completed and sent to the
registrar and a court
pursuant
to
section
4511.192 of the Revised Code in regard to a
person
whose test
results indicate that the person's
whole blood,
blood
serum or
plasma, breath, or urine
contained
at least the
concentration
of
alcohol
specified in
division (A)(1)(b), (c), (d), or (e) of section 4511.19 of the
Revised Code, the registrar
shall
enter into the registrar's
records the fact that the
person's
driver's or
commercial
driver's
license or permit or
nonresident
operating privilege was
suspended
by the arresting
officer under
this
division
and section
4511.192 of the Revised Code and the
period of the
suspension, as
determined
under divisions (F)(1) to
(4) of this
section. The
suspension
shall be subject to appeal as
provided in
section
4511.197 of the Revised Code. The
suspension
described in
this division does not apply to, and shall
not be
imposed upon, a
person arrested for a violation of section
4511.194
of the Revised
Code or a substantially equivalent municipal ordinance who submits to a designated chemical
test.
The
suspension
shall
be for whichever of the following
periods
applies:
(a) Except when division
(C)(1)(b),
(c), or (d) of this
section
applies and specifies a different
period, the
suspension
shall be
a class E suspension imposed for the
period of time
specified in division (B)(5) of section 4510.02 of
the Revised
Code.
(b) The
suspension
shall be
a class C suspension for the
period of time
specified in division
(B)(3) of section 4510.02 of
the Revised Code if
the person has
been convicted
of or pleaded
guilty to, within six years of
the
date the test
was conducted,
one violation of
division (A) or (B) of section 4511.19 of the
Revised
Code or one other equivalent
offense.
(c) If, within six years of
the date the test was
conducted,
the person has been convicted
of or pleaded guilty to
two
violations of a statute
or ordinance
described in division
(C)(1)(b) of this section,
the
suspension
shall be
a class B
suspension imposed for the period of time specified in division
(B)(2) of section 4510.02 of the Revised Code.
(d) If, within six years of
the date the test was
conducted,
the person has been convicted
of or pleaded guilty to
more than
two violations of a
statute or
ordinance described in
division
(C)(1)(b) of this
section,
the
suspension
shall be
a
class A
suspension imposed for the period of time specified in
division
(B)(1) of section 4510.02 of the Revised Code.
(2) The registrar shall terminate a suspension of the
driver's or
commercial driver's license
or permit of a resident or
of the
operating privilege of a nonresident,
or a denial of a
driver's or
commercial driver's license or permit, imposed
pursuant to
division (C)(1) of this section
upon receipt of notice
that the
person has entered a plea of guilty to, or that the person has
been
convicted after entering a plea of no contest to,
operating
a vehicle in violation of section 4511.19
of the Revised
Code or
in violation of a municipal OVI ordinance,
if the
offense
for which the conviction is had or the plea is
entered arose from
the same incident that led to the suspension or
denial.
The registrar shall credit against any judicial suspension of
a
person's driver's or commercial driver's license or permit or
nonresident operating privilege imposed pursuant to section
4511.19 of the Revised Code, or
pursuant to section 4510.07 of the
Revised Code for a violation of a municipal OVI
ordinance, any
time during which the person serves a related
suspension imposed
pursuant to division (C)(1) of this section.
(D)(1) A suspension of a person's driver's or commercial
driver's license or permit or nonresident operating privilege
under
this section for the
time
described in division
(B) or
(C)
of this section is
effective
immediately from the time at which
the arresting officer
serves
the notice of suspension upon the
arrested person. Any
subsequent finding that the person is not
guilty of the charge
that resulted in the person being requested
to take
the chemical test or tests under division (A) of
this
section
does not affect the suspension.
(2) If a person is arrested for operating a vehicle,
streetcar, or trackless trolley in violation of division (A) or
(B) of section 4511.19 of the Revised Code or a municipal OVI
ordinance, or for being in physical control of a
vehicle,
streetcar, or trackless trolley in violation of section
4511.194
of the
Revised Code or a substantially equivalent municipal ordinance,
regardless of whether the person's
driver's
or
commercial
driver's license or permit or nonresident
operating
privilege is
or is not suspended under division
(B)
or
(C)
of this
section
or Chapter 4510. of the Revised Code,
the person's
initial
appearance on the charge resulting from the
arrest shall
be held
within five days of the person's arrest or
the issuance of
the
citation to the person, subject to any
continuance
granted by
the
court pursuant to
section
4511.197 of
the Revised Code
regarding
the issues
specified in that division.
(E) When it finally has been determined under the
procedures
of this section
and sections 4511.192 through to 4511.197
of the
Revised Code that a nonresident's privilege to
operate a
vehicle
within this state has been suspended, the
registrar shall
give
information in writing of the action taken
to the motor
vehicle
administrator of the state of the person's
residence and
of any
state in which the person has a license.
(F) At the end of a suspension period under this section,
under section 4511.194,
section 4511.196, or division
(G) of
section
4511.19 of the
Revised Code, or under section
4510.07 of
the
Revised Code for a violation of a municipal OVI
ordinance and
upon
the request of the person whose driver's or
commercial
driver's
license or permit was suspended and who is
not
otherwise
subject
to suspension,
cancellation, or
disqualification, the
registrar shall return the driver's or
commercial driver's license
or permit to the person upon the
occurrence of all of the
conditions
specified in divisions
(F)(1) and (2)
of this section:
(1) A showing
that the person has proof of
financial
responsibility, a policy of liability insurance in
effect that
meets the minimum standards set forth in section
4509.51 of the
Revised Code, or proof, to the satisfaction of the
registrar,
that
the person is able to respond in damages in an
amount at
least
equal to the minimum amounts specified in section
4509.51
of the
Revised Code.
(2) Subject to the limitation contained in division
(F)(3)
of this section, payment by the person
to the bureau of
motor
vehicles of a license
reinstatement fee
of four hundred
twenty-five dollars,
which fee
shall be deposited in the state
treasury and credited
as follows:
(a) One hundred twelve dollars and fifty
cents shall be
credited to the statewide
treatment and prevention fund created by
section 4301.30 of the Revised Code.
The fund shall be
used to
pay the costs of driver treatment and
intervention programs
operated pursuant to sections 3793.02 and
3793.10 of the Revised
Code. The director of alcohol and drug
addiction services shall
determine the share of the fund that is
to be allocated to alcohol
and drug addiction programs authorized
by section 3793.02 of the
Revised Code, and the share of the fund
that is to be allocated to
drivers' intervention programs
authorized by section 3793.10 of
the Revised Code.
(b) Seventy-five dollars shall be credited to the
reparations
fund created by section 2743.191 of the Revised Code.
(c) Thirty-seven dollars and fifty cents
shall be credited
to the indigent
drivers alcohol treatment fund, which is hereby
established. Except as
otherwise provided in division
(F)(2)(c)
of this section, moneys in the fund shall be
distributed by the
department of alcohol and drug addiction
services to the county
indigent drivers alcohol
treatment funds,
the county juvenile
indigent drivers alcohol treatment funds,
and
the municipal
indigent drivers alcohol treatment funds that are
required to be
established by counties and municipal corporations
pursuant
to
this section, and shall be used only
to pay
the cost of an alcohol
and drug addiction treatment program
attended by an offender or
juvenile traffic offender who is
ordered to attend an alcohol and
drug addiction treatment program
by a county, juvenile, or
municipal court judge and who is
determined by the county,
juvenile, or municipal court judge not
to have the means to pay
for
the person's attendance at the
program or to pay the costs
specified in division
(H)(4) of
this section in accordance with
that
division. In addition, a county, juvenile, or municipal court judge may use moneys in the county indigent drivers alcohol treatment fund, county juvenile indigent drivers alcohol treatment fund, or municipal indigent drivers alcohol treatment fund to pay for the cost of the continued use of an electronic continuous alcohol monitoring device as described in divisions (H)(3) and (4) of this section. Moneys in the fund
that are not
distributed to a
county indigent drivers alcohol
treatment fund,
a county juvenile
indigent drivers alcohol
treatment fund, or a
municipal indigent
drivers alcohol treatment
fund under division
(H) of this section
because the director of
alcohol and drug addiction
services does
not have the information
necessary to identify the county or
municipal corporation where
the offender or juvenile offender was
arrested may
be transferred
by the director of budget and
management to the
statewide
treatment and prevention
fund created
by section
4301.30 of the
Revised Code, upon certification of the
amount by the director
of
alcohol and drug
addiction services.
(d) Seventy-five dollars shall be credited to the Ohio
rehabilitation services commission established by section 3304.12
of the Revised Code, to the services for rehabilitation fund,
which is hereby established. The fund shall be used to match
available federal matching funds where appropriate, and for any
other purpose or program of the commission to rehabilitate people
with disabilities to help them become employed and independent.
(e) Seventy-five dollars shall be deposited into the
state
treasury and credited to the drug abuse resistance education
programs fund, which is hereby established, to be used by the
attorney general for the purposes specified in division
(L)(F)(4) of
this section.
(f) Thirty dollars shall be credited to the state bureau of
motor
vehicles fund created by section 4501.25 of the Revised
Code.
(g) Twenty dollars shall be credited to the trauma and
emergency
medical services grants fund created by section 4513.263
of the
Revised Code.
(3) If a person's driver's or commercial driver's license or
permit is suspended under
this
section,
under section 4511.196 or
division
(G) of section
4511.19 of the Revised Code,
under
section 4510.07 of the Revised
Code for a violation of a municipal
OVI ordinance or
under any
combination of the
suspensions
described in division
(F)(3) of
this section, and if the
suspensions arise from a single incident
or a single set of facts
and
circumstances, the person is liable
for payment of, and shall
be required to
pay to the bureau, only
one reinstatement fee of
four hundred
twenty-five
dollars.
The
reinstatement fee shall be
distributed by the bureau in
accordance
with division
(F)(2) of
this section.
(4) The attorney general shall use amounts in the drug abuse
resistance education programs fund to award grants to law
enforcement agencies to establish and implement drug abuse
resistance education programs in public schools. Grants awarded
to a law enforcement agency under
this
section shall be used by
the agency to pay for not more than
fifty
per cent of the amount
of the salaries of law enforcement
officers
who conduct drug abuse
resistance education programs in
public
schools. The attorney
general shall not use more than six
per
cent of the amounts the
attorney general's office
receives under
division
(F)(2)(e) of
this section to pay the costs it incurs
in
administering the grant
program established by division
(F)(2)(e)
of this section and in
providing training and
materials relating
to drug abuse resistance
education programs.
The attorney general shall report to the governor and the
general assembly each fiscal year on the progress made in
establishing and implementing drug abuse resistance education
programs. These reports shall include an evaluation of the
effectiveness of these programs.
(G) Suspension of a commercial driver's license under
division
(B) or
(C) of this section shall be concurrent with
any
period of disqualification under section 3123.611 or
4506.16
of
the Revised Code or any period of suspension under section
3123.58
of the Revised Code. No person who is disqualified for
life from
holding a
commercial driver's license under section
4506.16 of the
Revised
Code shall be issued a driver's license
under Chapter
4507. of
the Revised Code during the period for
which the
commercial
driver's license was suspended under division
(B) or
(C) of this
section. No person whose
commercial driver's license
is
suspended under division
(B) or
(C) of this section shall be
issued a driver's license under
Chapter 4507. of the Revised Code
during the period
of
the suspension.
(H)(1) Each county shall establish an indigent drivers
alcohol treatment fund, each county shall establish a juvenile
indigent drivers alcohol treatment fund, and each municipal
corporation in which there is a municipal court shall establish
an
indigent drivers alcohol treatment fund. All revenue that the
general assembly appropriates to the indigent drivers alcohol
treatment fund for transfer to a county indigent drivers alcohol
treatment fund, a county juvenile indigent drivers alcohol
treatment fund, or a municipal indigent drivers alcohol treatment
fund, all portions of fees that are paid under division (L)(F) of
this section and that are credited under that division to the
indigent drivers alcohol treatment fund in the state treasury for
a county indigent drivers alcohol treatment fund, a county
juvenile indigent drivers alcohol treatment fund, or a municipal
indigent drivers alcohol treatment fund, and all portions of
fines
that are specified for deposit into a county or municipal
indigent
drivers alcohol treatment fund by section 4511.193 of
the Revised
Code shall be deposited into that county indigent
drivers alcohol
treatment fund, county juvenile indigent drivers
alcohol treatment
fund, or municipal indigent drivers alcohol
treatment fund in
accordance with division
(H)(2) of this
section. Additionally,
all portions of fines that are paid for a
violation of section
4511.19 of the Revised Code or
of any prohibition contained in
Chapter 4510. of the Revised Code,
and that are
required under
section
4511.19 or
any
provision of Chapter 4510. of the Revised
Code to be
deposited
into a county indigent drivers alcohol
treatment fund
or municipal
indigent drivers alcohol treatment
fund shall be
deposited into
the appropriate fund in accordance
with the
applicable division.
(2) That portion of the license reinstatement fee that is
paid under division
(F) of this section and that is credited
under
that division to the indigent drivers alcohol treatment
fund
shall
be deposited into a county indigent drivers alcohol
treatment
fund, a county juvenile indigent drivers alcohol
treatment fund,
or a municipal indigent drivers alcohol treatment
fund as follows:
(a) If the suspension in question was imposed under this
section, that portion of the fee shall be deposited as follows:
(i) If the fee is paid by a person who was charged in a
county court with the violation that resulted in the suspension,
the portion shall be deposited into the county indigent drivers
alcohol treatment fund under the control of that court;
(ii) If the fee is paid by a person who was charged in a
juvenile court with the violation that resulted in the
suspension,
the portion shall be deposited into the county
juvenile indigent
drivers alcohol treatment fund established in
the county served by
the court;
(iii) If the fee is paid by a person who was charged in a
municipal court with the violation that resulted in the
suspension, the portion shall be deposited into the municipal
indigent drivers alcohol treatment fund under the control of that
court.
(b) If the suspension in question was imposed under
section
4511.19 of the Revised Code
or under
section 4510.07 of the
Revised Code for a violation of a municipal
OVI ordinance, that
portion
of the fee shall be deposited as
follows:
(i) If the fee is paid by a person whose license or permit
was suspended by a county court, the portion shall be deposited
into the county indigent drivers alcohol treatment fund under the
control of that court;
(ii) If the fee is paid by a person whose license or
permit
was suspended by a municipal court, the portion shall be
deposited
into the municipal indigent drivers alcohol treatment
fund under
the control of that court.
(3) Expenditures from a county indigent drivers alcohol
treatment fund, a county juvenile indigent drivers alcohol
treatment fund, or a municipal indigent drivers alcohol treatment
fund shall be made only upon the order of a county, juvenile, or
municipal court judge and only for payment of the cost of the
attendance at an alcohol and drug addiction treatment program of
a
person who is convicted of, or found to be a juvenile traffic
offender by reason of, a violation of division (A) of section
4511.19 of the Revised Code or a substantially similar municipal
ordinance, who is ordered by the court to attend the alcohol and
drug addiction treatment program, and who is determined by the
court to be unable to pay the cost of attendance at the
treatment
program or for payment of the costs specified in division
(H)(4)
of this section in accordance with that division. The
alcohol and
drug addiction services board or the board of alcohol,
drug
addiction, and
mental health services established pursuant to
section 340.02 or
340.021 of
the Revised Code and serving the
alcohol, drug addiction, and mental
health service district in
which the court is located shall
administer the indigent drivers
alcohol treatment program of the
court. When a court orders an
offender or juvenile traffic
offender to attend an alcohol and
drug addiction treatment
program, the board shall determine which
program is suitable to
meet the needs of the offender or juvenile
traffic offender, and
when a suitable program is located and space
is available at the
program, the offender or juvenile traffic
offender shall attend
the program designated by the board. A
reasonable amount not to
exceed five per cent of the amounts
credited to and deposited
into the county indigent drivers alcohol
treatment fund, the
county juvenile indigent drivers alcohol
treatment fund, or the
municipal indigent drivers alcohol
treatment fund serving every
court whose program is administered
by that board shall be paid
to the board to cover the costs it
incurs in administering those
indigent drivers alcohol treatment
programs.
In addition, a county, juvenile, or municipal court judge may use moneys in the county indigent drivers alcohol treatment fund, county juvenile indigent drivers alcohol treatment fund, or municipal indigent drivers alcohol treatment fund to pay for the continued use of an electronic continuous alcohol monitoring device by an offender or juvenile traffic offender, in conjunction with a treatment program approved by the department of alcohol and drug addiction services, when such use is determined clinically necessary by the treatment program and when the court determines that the offender or juvenile traffic offender is unable to pay all or part of the daily monitoring of the device.
(4) If a county, juvenile, or municipal court determines, in
consultation with the alcohol and drug addiction services board or
the board
of alcohol, drug addiction, and mental health services
established pursuant to
section 340.02 or 340.021 of the Revised
Code
and serving the alcohol, drug addiction, and
mental health
district in which the court is located, that
the funds in the
county indigent drivers alcohol treatment fund, the county
juvenile indigent drivers alcohol treatment fund, or the municipal
indigent
drivers alcohol treatment fund under the control of the
court are more than
sufficient to satisfy the purpose for which
the fund was established, as
specified in divisions
(H)(1) to
(3)
of this section, the
court may declare a surplus in the fund.
If
the court declares a surplus in
the fund, the court may expend
the
amount of the surplus in the fund for
alcohol:
(a) Alcohol and drug abuse
assessment and treatment of persons who are charged in
the court
with committing a criminal offense or with being a delinquent
child
or juvenile traffic offender and in relation to whom both of
the following
apply:
(a)(i) The court determines that substance abuse was a
contributing factor leading to the criminal or delinquent activity
or the
juvenile traffic offense with which the person is charged.
(b)(ii) The court determines that the person is unable
to pay
the cost of the alcohol and drug abuse assessment and treatment
for
which the surplus money will be used.
(b) All or part of the cost of purchasing electronic continuous alcohol monitoring devices to be used in conjunction with division (H)(3) of this section.
Sec. 4511.75. (A) The driver of a vehicle, streetcar, or
trackless trolley upon meeting or overtaking from either
direction
any school bus stopped for the purpose of receiving or
discharging
any school child, person attending programs
offered
by community
boards of mental health and county boards of mental
retardation
and developmental disabilities, or child attending a
program
offered by a head
start agency,
shall stop at least
ten feet from
the front or rear of the school bus and shall not
proceed until
such school bus resumes motion, or until signaled
by the school
bus driver to proceed.
It is no defense to a charge under this division that the
school bus involved failed to display or be equipped with an
automatically extended stop warning sign as required by division
(B) of this section.
(B) Every school bus shall be equipped with amber and red
visual signals meeting the requirements of section 4511.771 of
the
Revised Code, and an automatically extended stop warning sign
of a
type approved by the state board of education, which shall
be
actuated by the driver of the bus whenever but only whenever
the
bus is stopped or stopping on the roadway for the purpose of
receiving or discharging school children, persons attending
programs offered by community boards of mental health and county
boards of mental retardation and developmental disabilities, or
children attending programs offered by head start agencies. A
school bus driver shall not actuate the visual signals or the
stop
warning sign in designated school bus loading areas where
the bus
is entirely off the roadway or at school buildings when
children
or persons attending programs offered by community
boards of
mental health and county boards of mental retardation
and
developmental disabilities are loading or unloading at
curbside or
at buildings when children attending programs offered by head
start agencies are loading or unloading at curbside. The visual
signals
and stop warning sign shall be
synchronized or otherwise
operated as required by rule of the
board.
(C) Where a highway has been divided into four or more
traffic lanes, a driver of a vehicle, streetcar, or trackless
trolley need not stop for a school bus approaching from the
opposite direction which has stopped for the purpose of receiving
or discharging any school child, persons attending programs
offered by community boards of mental health and county boards of
mental retardation and developmental disabilities, or children
attending programs offered by head start agencies. The driver of
any vehicle, streetcar, or trackless trolley overtaking the
school
bus shall comply with division (A) of this section.
(D) School buses operating on divided highways or on
highways with four or more traffic lanes shall receive and
discharge all school children, persons attending programs
offered
by community boards of mental health and county boards of
mental
retardation and developmental disabilities, and children
attending
programs offered by head start agencies on their
residence side of
the highway.
(E) No school bus driver shall start the driver's bus until
after
any child, person attending programs offered by community
boards of mental health and county boards of mental retardation
and developmental disabilities, or child attending a program
offered
by a head start agency who may have alighted therefrom
has
reached a place of safety on the child's or person's
residence
side of the road.
(F)(1)
Whoever violates division (A) of this section may
be
fined an amount not to exceed five hundred dollars. A person who
is issued
a citation for a violation of division (A) of this
section is not
permitted to enter a written plea of guilty and
waive the person's right to
contest the citation in a trial but
instead must appear in person in the
proper court to answer the
charge.
(2) In addition to and independent of any other penalty
provided by law,
the court or mayor may impose upon an offender
who violates this section a
class seven suspension of the
offender's driver's license, commercial driver's
license,
temporary instruction permit, probationary license, or nonresident
operating privilege from the range specified in division (A)(7) of
section 4510.02 of the Revised Code. When a license is suspended
under this section, the
court or mayor shall cause the offender to
deliver the license to the court,
and the court or clerk of the
court immediately shall forward the license
to the registrar of
motor vehicles, together with notice of the court's
action.
(G) As used in this section:
(1) "Head start agency" has the same meaning as in section 3301.31 3301.32 of the Revised Code.
(2) "School bus," as used in relation to children who
attend
a program offered by a head start agency, means a bus that is
owned and
operated by a head start agency, is equipped with an
automatically extended
stop warning sign of a type approved by the
state board of education, is
painted the color and displays the
markings described in section 4511.77 of
the
Revised Code,
and is
equipped with amber and red visual signals meeting the
requirements of
section 4511.771 of the Revised
Code, irrespective
of whether or not the bus
has fifteen or more children aboard at
any time. "School bus" does not
include a van owned and operated
by a head start agency, irrespective of its
color, lights, or
markings.
Sec. 4517.01. As used in sections 4517.01 to 4517.65 of
the
Revised Code:
(A) "Persons" includes individuals, firms, partnerships,
associations, joint stock companies, corporations, and any
combinations of individuals.
(B) "Motor vehicle" means motor vehicle as defined in
section 4501.01 of the Revised Code and also includes "all-purpose
vehicle"
and "off-highway motorcycle" as those terms are defined
in section 4519.01 of
the Revised Code and manufactured and mobile
homes. "Motor vehicle" does not include a snowmobile as defined in section 4519.01 of the Revised Code.
(C) "New motor vehicle" means a motor vehicle, the legal
title to which has never been transferred by a manufacturer,
remanufacturer, distributor, or dealer to an ultimate purchaser.
(D) "Ultimate purchaser" means, with respect to any new
motor vehicle, the first person, other than a dealer purchasing
in
the capacity of a dealer, who in good faith purchases
such new
motor vehicle for purposes other than resale.
(E) "Business" includes any activities engaged in by any
person for the object of gain, benefit, or advantage either
direct
or indirect.
(F) "Engaging in business" means commencing, conducting,
or
continuing in business, or liquidating a business when the
liquidator thereof holds self out to be
conducting such
business;
making a casual sale or otherwise making transfers in
the ordinary
course of business when the transfers are made in
connection with
the disposition of all or substantially all of
the transferor's
assets is not engaging in business.
(G) "Retail sale" or "sale at retail" means the act or
attempted act of selling, bartering, exchanging, or otherwise
disposing of a motor vehicle to an ultimate purchaser for use as
a
consumer.
(H) "Retail installment contract" includes any contract in
the form of a note, chattel mortgage, conditional sales contract,
lease, agreement, or other instrument payable in one or more
installments over a period of time and arising out of the retail
sale of a motor vehicle.
(I) "Farm machinery" means all machines and tools used in
the production, harvesting, and care of farm products.
(J) "Dealer" or "motor vehicle dealer" means any new motor
vehicle dealer, any motor vehicle leasing dealer, and any used
motor vehicle dealer.
(K) "New motor vehicle dealer" means any person engaged in
the business of selling at retail, displaying, offering for sale,
or dealing in new motor vehicles pursuant to a contract or
agreement entered into with the manufacturer, remanufacturer, or
distributor of the motor vehicles.
(L) "Used motor vehicle dealer" means any person engaged
in
the business of selling, displaying, offering for sale, or
dealing
in used motor vehicles, at retail or wholesale, but does
not mean
any new motor vehicle dealer selling, displaying,
offering for
sale, or dealing in used motor vehicles incidentally
to engaging
in the business of selling, displaying, offering for
sale, or
dealing in new motor vehicles, any person engaged in the
business
of dismantling, salvaging, or rebuilding motor vehicles
by means
of using used parts, or any public officer performing
official
duties.
(M) "Motor vehicle leasing dealer" means any person
engaged
in the business of regularly making available, offering
to make
available, or arranging for another person to use a motor
vehicle
pursuant to a bailment, lease, sublease, or other
contractual
arrangement under which a charge is made for its use at a
periodic
rate for a term of thirty days or more, and title to the
motor
vehicle is in and remains in the motor
vehicle leasing dealer who
originally leases it, irrespective of whether or
not the motor
vehicle is the subject of a later sublease, and not in the
user,
but does not
mean a manufacturer or its affiliate leasing to its
employees or
to dealers.
(N) "Salesperson" means any person employed by a dealer or
manufactured
home broker to sell, display, and offer for sale, or
deal in motor
vehicles for
a commission, compensation, or other
valuable consideration, but
does not mean any public officer
performing official duties.
(O) "Casual sale" means any transfer of a motor vehicle by
a
person other than a new motor vehicle dealer, used motor
vehicle
dealer, motor vehicle salvage dealer, as defined in
division (A)
of section 4738.01 of the Revised Code, salesperson,
motor vehicle
auction owner, manufacturer, or distributor acting
in the capacity
of a dealer, salesperson, auction owner,
manufacturer, or
distributor, to a person who purchases the motor
vehicle for use
as a consumer.
(P) "Motor vehicle show" means a display of current models
of motor vehicles whereby the primary purpose is the exhibition
of
competitive makes and models in order to provide the general
public the opportunity to review and inspect various makes and
models of motor vehicles at a single location.
(Q) "Motor vehicle auction owner" means any person who is
engaged wholly or in part in the business of auctioning motor
vehicles.
(R) "Manufacturer" means a person who manufactures,
assembles, or imports motor vehicles, including motor homes, but
does not mean a person who only assembles or installs a body,
special equipment unit, finishing trim, or accessories on a motor
vehicle chassis supplied by a manufacturer or distributor.
(S) "Tent-type fold-out camping trailer" means any vehicle
intended to be used, when stationary, as a temporary shelter with
living and sleeping facilities, and
that is subject to the
following properties and limitations:
(1) A minimum of twenty-five per cent of the fold-out
portion of the top and sidewalls combined must be constructed of
canvas, vinyl, or other fabric, and form an integral part of the
shelter.
(2) When folded, the unit must not exceed:
(a) Fifteen feet in length, exclusive of bumper and
tongue;
(b) Sixty inches in height from the point of contact with
the ground;
(d) One ton gross weight at time of sale.
(T) "Distributor" means any person authorized by a motor
vehicle manufacturer to distribute new motor vehicles to licensed
new motor vehicle dealers, but does not mean a person who only
assembles or installs a body, special equipment unit, finishing
trim, or accessories on a motor vehicle chassis supplied by a
manufacturer or distributor.
(U) "Flea market" means a market place, other than a
dealer's location licensed under this chapter, where a space or
location is provided for a fee or compensation to a seller to
exhibit and offer for sale or trade, motor vehicles to the
general
public.
(V) "Franchise" means any written agreement, contract, or
understanding between any motor vehicle manufacturer or
remanufacturer engaged in commerce and any motor vehicle dealer
that purports to fix the legal rights and liabilities of the
parties to such agreement, contract, or understanding.
(W) "Franchisee" means a person who receives new motor
vehicles from the franchisor under a franchise agreement and who
offers, sells, and provides service for such new motor vehicles
to
the general public.
(X) "Franchisor" means a new motor vehicle manufacturer,
remanufacturer, or distributor who supplies new motor vehicles
under a franchise agreement to a franchisee.
(Y) "Dealer organization" means a state or local trade
association the membership of which is comprised predominantly of
new motor vehicle dealers.
(Z) "Factory representative" means a representative
employed
by a manufacturer, remanufacturer, or by a factory
branch
primarily for the purpose of promoting the sale of its
motor
vehicles, parts, or accessories to dealers or for
supervising or
contacting its dealers or prospective dealers.
(AA) "Administrative or executive management" means those
individuals who are not subject to federal wage and hour laws.
(BB) "Good faith" means honesty in the conduct or
transaction concerned and the observance of reasonable commercial
standards of fair dealing in the trade as is defined in division
(S) of section 1301.01 of the Revised Code, including, but not
limited to, the duty to act in a fair and equitable manner so as
to guarantee freedom from coercion, intimidation, or threats of
coercion or intimidation; provided however, that recommendation,
endorsement, exposition, persuasion, urging, or argument shall
not
be considered to constitute a lack of good faith.
(CC) "Coerce" means to compel or attempt to compel by
failing to act in good faith or by threat of economic harm,
breach
of contract, or other adverse consequences. Coerce does
not mean
to argue, urge, recommend, or persuade.
(DD) "Relevant market area" means any area within a radius
of ten miles from the site of a potential new dealership, except
that for manufactured home or recreational vehicle dealerships
the
radius shall be twenty-five miles. The ten-mile radius shall be measured from the dealer's established place of business that is used exclusively for the purpose of selling, displaying, offering for sale, or dealing in motor vehicles.
(EE) "Wholesale" or "at wholesale" means the act or
attempted act of selling, bartering, exchanging, or otherwise
disposing of a motor vehicle to a transferee for the purpose of
resale and not for ultimate consumption by that transferee.
(FF) "Motor vehicle wholesaler" means any person licensed as
a dealer
under the laws of another state and engaged
in the
business of selling, displaying, or offering for sale used
motor
vehicles, at wholesale, but does not mean any motor vehicle
dealer
as defined in this section.
(GG)(1) "Remanufacturer" means a person who assembles or
installs passenger seating, walls, a roof elevation, or a body
extension on a conversion van with the motor vehicle chassis
supplied by a
manufacturer
or distributor, a person who modifies a
truck chassis supplied by a
manufacturer or distributor for use as
a public safety or public service
vehicle, a person who modifies a
motor vehicle chassis supplied
by a manufacturer or distributor
for use as a limousine or hearse,
or a person who modifies an
incomplete motor vehicle cab
and chassis supplied by a new motor
vehicle dealer or
distributor for use as a tow truck,
but does not
mean either of the following:
(a) A person who assembles or installs passenger seating,
walls, a roof elevation, or a body extension on a manufactured
home as defined in division (C)(4) of section 3781.06 of the
Revised Code, a mobile home as defined in division (O)
and
referred to in division (B)
of section 4501.01 of the Revised
Code, or a recreational vehicle
as defined in division (Q) and
referred to in division (B) of
section 4501.01 of the Revised
Code;
(b) A person who assembles or installs special equipment
or
accessories for handicapped persons, as defined in section
4503.44
of the Revised Code, upon a motor vehicle chassis
supplied by a
manufacturer or distributor.
(2) For the purposes of division (GG)(1) of this section,
"public safety
vehicle or public service vehicle" means a fire
truck, ambulance, school bus,
street sweeper, garbage packing
truck, or cement mixer, or a mobile
self-contained facility
vehicle.
(3) For the purposes of division (GG)(1) of this section,
"limousine" means a motor vehicle, designed only for the purpose
of carrying nine or fewer passengers, that a person modifies by
cutting the original chassis, lengthening the wheelbase by forty
inches or more, and reinforcing the chassis in such a way
that all
modifications comply with all applicable federal motor
vehicle
safety standards. No person shall qualify as or be deemed
to be a
remanufacturer who produces limousines unless the person
has a
written agreement with the manufacturer of the chassis the
person
utilizes to produce the limousines to complete properly
the
remanufacture of the chassis into limousines.
(4) For the purposes of division (GG)(1) of this section,
"hearse"
means a motor vehicle, designed only for the purpose of
transporting a single casket, that is equipped with a compartment
designed specifically to carry a single casket that a person
modifies by cutting the original chassis, lengthening the
wheelbase by ten inches or more, and reinforcing the chassis in
such a way that all modifications comply with all applicable
federal motor vehicle safety standards. No person shall qualify
as
or be deemed to be a remanufacturer who produces hearses unless
the person has a written agreement with the manufacturer of the
chassis the person utilizes to produce the hearses to complete
properly the remanufacture of the chassis into hearses.
(5) For the purposes of division (GG)(1) of this section,
"mobile
self-contained facility vehicle" means a mobile classroom
vehicle, mobile laboratory vehicle, bookmobile, bloodmobile,
testing laboratory, and mobile display vehicle, each of which is
designed for purposes other than for passenger transportation
and
other than the transportation or displacement of cargo,
freight,
materials, or merchandise. A vehicle is remanufactured
into a
mobile self-contained facility vehicle in part by the
addition of
insulation to the body shell, and installation of
all of the
following: a generator, electrical wiring, plumbing,
holding
tanks, doors, windows, cabinets, shelving, and heating,
ventilating, and air conditioning systems.
(6) For the purposes of division (GG)(1) of
this section,
"tow truck" means both of the following:
(a) An incomplete cab
and chassis that are purchased by a
remanufacturer from a new
motor vehicle dealer or distributor of
the cab and chassis
and on which the remanufacturer then installs
in a permanent manner a
wrecker body it purchases from a
manufacturer or distributor of
wrecker bodies, installs an
emergency flashing light pylon and
emergency lights upon the mast
of the wrecker body or rooftop,
and installs such other related
accessories and equipment,
including push bumpers, front grille
guards with pads and other
custom-ordered items such as painting,
special lettering, and
safety striping so as to create a complete
motor vehicle capable
of lifting and towing another motor vehicle.
(b) An incomplete cab
and chassis that are purchased by a
remanufacturer from a new
motor vehicle dealer or distributor of
the cab and chassis
and on which the remanufacturer then installs
in a permanent manner a
car carrier body it purchases from a
manufacturer or distributor
of car carrier bodies, installs an
emergency flashing light
pylon and emergency lights upon the
rooftop, and installs such
other related accessories and
equipment, including push bumpers,
front grille guards with pads
and other custom-ordered items
such as painting, special
lettering, and safety striping.
As used in division (GG)(6)(b)
of this section, "car carrier
body" means a mechanical or
hydraulic apparatus capable of lifting
and holding a motor
vehicle on a flat level surface so that one or
more motor
vehicles can be transported, once the car carrier is
permanently
installed upon an incomplete cab and chassis.
(HH) "Operating as a new motor vehicle dealership" means
engaging in activities such as displaying, offering for sale, and
selling new motor vehicles at retail, operating a service
facility
to perform repairs and maintenance on motor vehicles,
offering for
sale and selling motor vehicle parts at retail, and
conducting all
other acts that are usual and customary to the
operation of a new
motor vehicle dealership. For the purposes of
this chapter only,
possession of either a valid new motor vehicle
dealer franchise
agreement or a new motor vehicle dealers
license, or both of these
items, is not evidence that a person is
operating as a new motor
vehicle dealership.
(II) "Manufactured home broker" means any person acting as a
selling agent on behalf of an owner of a manufactured or mobile
home
that is subject to
taxation under section 4503.06 of the
Revised Code.
(JJ) "Outdoor power equipment" means garden and small
utility
tractors, walk-behind and riding mowers, chainsaws, and
tillers.
(KK) "Remote service facility" means premises that are
separate from a licensed new motor vehicle dealer's sales facility by not more than one mile
and that are used by the dealer to perform repairs, warranty work,
recall work, and maintenance on motor vehicles pursuant to a
franchise agreement entered into with a manufacturer of motor
vehicles. A remote service facility shall be deemed to be part of
the franchise agreement and is subject to all the rights, duties,
obligations, and requirements of Chapter 4517. of the Revised
Code that relate to the performance of motor vehicle repairs, warranty work, recall work, and maintenance work by new motor vehicle dealers.
Sec. 4519.01. As used in this chapter:
(A)
"Snowmobile" means any self-propelled vehicle designed
primarily for use on snow or ice, and steered by skis, runners,
or
caterpillar treads.
(B)
"All-purpose vehicle" means any self-propelled vehicle
designed primarily for cross-country travel on land and water, or
on more than one type of terrain, and steered by wheels or
caterpillar treads, or any combination thereof, including
vehicles
that operate on a cushion of air, vehicles commonly
known as
all-terrain vehicles, all-season vehicles, mini-bikes,
and trail
bikes, but excluding any self-propelled vehicle not
principally
used for purposes of personal transportation,. "All-purpose vehicle" does not include a utility vehicle as defined in section 4501.01 of the Revised Code or any
vehicle
principally used in playing golf, any motor vehicle or
aircraft
required to be registered under Chapter 4503. or 4561.
of the
Revised Code, and any vehicle excepted from definition as
a motor
vehicle by division (B) of section 4501.01 of the Revised
Code.
(C)
"Owner" means any person
or firm,
other
than a
lienholder or dealer, having title to a snowmobile,
off-highway
motorcycle, or
all-purpose vehicle, or other right to
the
possession thereof.
(D)
"Operator" means any person who operates or is in
actual
physical control of a snowmobile, off-highway motorcycle,
or
all-purpose vehicle.
(E)
"Dealer" means any person
or firm
engaged in the
business of manufacturing or selling snowmobiles,
off-highway
motorcycles, or all-purpose vehicles at
wholesale or
retail, or
who rents,
leases, or otherwise furnishes snowmobiles,
off-highway
motorcycles, or all-purpose
vehicles for hire.
(F)
"Street or highway" has the same meaning as
in section
4511.01 of the Revised Code.
(G)
"Limited access highway" and
"freeway" have the same
meanings as
in section 5511.02
of the
Revised
Code.
(H)
"Interstate highway" means any part of the interstate
system of highways as defined in subsection (e), 90 Stat. 431
(1976), 23 U.S.C.A. 103,
as amended.
(I)
"Off-highway motorcycle" means every motorcycle, as
defined
in section 4511.01 of the Revised Code, that is
designed
to be operated primarily on lands
other than a street or highway.
(J)
"Electronic" and
"electronic record" have the
same
meanings as in section 4501.01 of the Revised Code.
(K)
"Electronic dealer" means a dealer whom the registrar of
motor vehicles designates under section 4519.511 of the Revised
Code.
Sec. 4519.02. (A) Except as provided in divisions (B),
(C),
and (D) of this section, no person shall operate any
snowmobile,
off-highway motorcycle, or all-purpose
vehicle within this state
unless the
snowmobile, off-highway motorcycle, or all-purpose
vehicle is registered and numbered in
accordance with sections
4519.03 and 4519.04 of the Revised Code.
(B) No registration is required for a snowmobile,
off-highway
motorcycle, or all-purpose vehicle that is operated
exclusively upon lands owned by
the owner of the snowmobile,
off-highway motorcycle, or
all-purpose vehicle, or on lands
to
which the owner has a contractual right.
(C) No registration is required for a snowmobile,
off-highway
motorcycle, or all-purpose vehicle owned and used in
this
state by a resident of
another state whenever that state has
in effect a registration
law similar to this chapter
and the
snowmobile, off-highway motorcycle, or all-purpose
vehicle is
properly registered
thereunder. Any snowmobile, off-highway
motorcycle, or
all-purpose vehicle owned and used
in this state by
a person who is not a resident of another this state not having such a
registration
requirement shall comply with section 4519.09 of the
Revised Code.
(D) No registration is required for a snowmobile,
off-highway
motorcycle, or all-purpose vehicle owned and used in
this
state by the United
States, another state, or a political
subdivision thereof, but
the snowmobile, off-highway motorcycle,
or
all-purpose
vehicle shall display the name of
the owner
thereon.
(E) The owner or operator of any all-purpose vehicle
operated or used upon the waters in this state shall comply
with
Chapters 1547. and 1548. of the Revised Code relative to the
operation of watercraft.
(F)
Except as otherwise provided in this division, whoever
violates division (A) of this section shall be fined not more than
twenty-five dollars. If the offender previously has been
convicted of or
pleaded guilty to a
violation of division (A) of
this section, whoever violates
division (A) of this section shall
be fined not less than
twenty-five nor more than fifty dollars.
Sec. 4519.09. Every owner or operator of a snowmobile,
off-highway
motorcycle,
or
all-purpose vehicle who is not a resident
of a this state not having a
registration law similar to this
chapter,
and who expects to use the snowmobile, off-highway
motorcycle,
or
all-purpose vehicle in
Ohio, shall apply to the registrar of motor
vehicles or a deputy
registrar for a temporary operating permit.
The temporary
operating permit shall be issued for a period not to
exceed
fifteen days from the date of issuance, shall be in such
form as
the registrar determines, shall include the name and
address of
the owner and operator of the snowmobile, off-highway
motorcycle,
or all-purpose vehicle,
and any other information as
the registrar considers
necessary,
and shall be issued upon
payment of a fee of five dollars. Every
owner or operator
receiving a temporary operating permit shall
display it upon the
reasonable request of any law
enforcement officer or other person
as authorized by sections
4519.42 and 4519.43 of the Revised Code.
Sec. 4561.17. For the purpose of providing revenue for
paying the expenses of administering sections 4561.17 to 4561.22
of the Revised Code relative to the registration of aircraft, for
the surveying of and the establishment, checking, maintenance,
and repair of aviation air marking and of air navigation
facilities, for airport capital improvements, for the acquiring, maintaining, and repairing of
equipment necessary therefor, and for the cost of the creation
and distribution of Ohio aeronautical charts and Ohio airport and
landing field directories, an annual license tax is hereby levied
upon all aircraft based in this state for which an aircraft
worthiness certificate issued by the federal aviation
administration is in effect except the following:
(A) Aircraft owned by the United States or any territory
thereof;
(B) Aircraft owned by any foreign government;
(C) Aircraft owned by any state or any political
subdivision thereof;
(D) Aircraft operated under a certificate of convenience
and necessity issued by the civil aeronautics board or any
successor thereto;
(E) Aircraft owned by any nonresident of this state
whether such owner is an individual, partnership, or corporation,
provided such owner has complied with all the laws in regard to
the licensing of aircraft in the state of his the owner's
residence;
(F) Aircraft owned by aircraft manufacturers or aircraft
engine manufacturers and operated only for purposes of testing,
delivery, or demonstration;
(G) Aircraft operated for hire over regularly scheduled
routes within the state.
Such license tax shall be at the rates specified in section
4561.18 of the Revised Code, and shall be paid to and collected
by the director of transportation at the time of making
application as provided in such section.
Sec. 4561.18. Applications for the licensing and
registration of aircraft shall be made and signed by the owner
thereof upon forms prepared by the department of transportation
and shall contain a description of the aircraft, including its
federal registration number, and such other information as is
required by the department.
Applications shall be filed with the director of
transportation during the month of January annually and shall be
renewed according to the standard renewal procedure of sections
4745.01 to 4745.03 of the Revised Code. Application for
registration of any aircraft not previously registered in this
state, if such aircraft is acquired or becomes subject to such
license tax subsequent to the last day of January in any year,
shall be made for the balance of the year in which the same is
acquired, within forty-eight hours after such acquisition or
after becoming subject to such license tax. Each such
application shall be accompanied by the proper license tax, which, for all aircraft other than
gliders and balloons, shall be at the annual rate of one hundred fifteen dollars per aircraft seat, based on the manufacturer's maximum listed seating capacity. The license tax for gliders and balloons shall be three fifteen
dollars annually.
Such taxes are in lieu of all other taxes on or with
respect to ownership of such aircraft.
Sec. 4561.21. (A) The director of transportation shall deposit all aircraft transfer fees in the state treasury to the credit of the general fund.
(B) The director shall deposit all aircraft license taxes in the state treasury to the credit of the county airport maintenance assistance fund, which is hereby created. Money in the fund shall be used to assist counties in maintaining the for maintenance and capital improvements to publicly owned airports they own, and the director shall distribute the money to counties eligible recipients in accordance with such procedures, guidelines, and criteria as the director shall establish.
Sec. 4703.15. (A) The state board of examiners of architects
may by three concurring votes deny renewal of, revoke, or suspend
any certificate of qualification to practice architecture, issued
or renewed under sections 4703.10, 4703.13, and 4703.14 of the
Revised Code, or any certificate of authorization, issued or
renewed under sections 4703.13 and 4703.18 of the Revised Code,
if proof satisfactory to the board is presented in any of the
following cases:
(A)(1) In case it is shown that the certificate was obtained
by fraud;
(B)(2) In case the holder of the certificate has been found
guilty by the board or by a court of justice of any fraud or
deceit in his the holder's professional practice, or has been
convicted of a
felony by a court of justice;
(C)(3) In case the holder has been found guilty by the board
of gross negligence, incompetency, or misconduct in the
performance of his the holder's services as an architect or in
the practice of
architecture;
(D)(4) In case the holder of the certificate has been found
guilty by the board of signing plans for the construction of a
building as a "registered architect" where he the holder is not
the actual
architect of such building and where he the holder is without
prior written
consent of the architect originating the design or other
documents used in the plans;
(E)(5) In case the holder of the certificate has been found
guilty by the board of aiding and abetting another person or
persons not properly registered as required by sections 4703.01
to 4703.19 of the Revised Code, in the performance of activities
that in any manner or extent constitute the practice of
architecture.
At any time after the expiration of six months from the
date of the revocation or suspension of a certificate, the
individual, firm, partnership, association, or corporation may
apply for reinstatement of the certificate. Upon showing that
all loss caused by the individual, firm, partnership,
association, or corporation whose certificate has been revoked or
suspended has been fully satisfied and that all conditions
imposed by the revocation or suspension decision have been
complied with, and upon the payment of all costs incurred by the
board as a result of the case at issue, the board, at its
discretion and upon evidence that in its opinion would so
warrant, may restore the certificate.
(B) In addition to disciplinary action the board may take against a certificate holder under division (A) of this section or section 4703.151 of the Revised Code, the board may impose a fine against a certificate holder who obtained a certificate by fraud or who is found guilty of any act specified in divisions (A)(2) to (A)(5) of this section or who violates any rule governing the standards of service, conduct, and practice adopted pursuant to section 4703.02 of the Revised Code. The fine imposed shall be not more than one thousand dollars for each offense but shall not exceed five thousand dollars regardless of the number of offenses the certificate holder has committed between the time the fine is imposed and the time any previous fine was imposed.
Sec. 4705.09. (A)(1) Any person admitted to the practice
of law in this state by order of the supreme court in accordance
with its prescribed and published rules, or any law firm or legal
professional association, may establish and maintain an
interest-bearing trust account, for purposes of depositing client
funds held by the attorney, firm, or
association that are nominal
in amount or are to be held by the attorney, firm, or association
for a short period of time, with any bank or savings and loan
association that is authorized to do business in this state and
is insured by the federal deposit insurance corporation or the successor to
that corporation,
or any credit union insured by the national credit union
administration operating under the "Federal Credit Union Act," 84 Stat. 994
(1970), 12 U.S.C.A. 1751. Each account established under this
division shall be in the name of the attorney, firm, or association that
established and is maintaining it and
shall be
identified as an IOLTA or an interest on lawyer's
trust account. The name of the account may
contain additional identifying features to distinguish it from
other trust accounts established and maintained by the attorney,
firm, or association.
(2) Each attorney who receives funds belonging to a client shall do one of
the following:
(a) Establish and maintain one or more interest-bearing
trust accounts in accordance with division (A)(1) of this
section
or maintain one or more interest-bearing trust accounts
previously established in accordance with that division, and
deposit all client funds held that are nominal in amount or are to be held by
the attorney for a short period of time in the account or accounts;
(b) If the attorney is affiliated with a law firm or legal
professional association, comply with division (A)(2)(a) of this
section or deposit all client funds held that
are nominal in
amount or are to be held by the attorney for a short period of
time in one or more interest-bearing trust accounts
established
and maintained by the firm or association in accordance with
division (A)(1) of this section.
(3) No funds belonging to any attorney, firm, or legal
professional association shall be deposited in any
interest-bearing IOTA IOLTA account established under division
(A)(1)
or (2) of this section, except that funds sufficient to pay or enable a
waiver of depository institution service charges on
the account shall be deposited in the account and other funds
belonging to the attorney, firm, or association may be deposited
as authorized by the Code of Professional Responsibility adopted
by the supreme court. The determinations of whether funds held
are nominal or more than nominal in amount and of whether funds
are to be held for a short period or longer than a short period
of time rests in the sound judgment of the particular attorney.
No imputation of professional misconduct shall arise from the
attorney's exercise of judgment in these matters.
(B) All interest earned on funds deposited in an
interest-bearing trust account established under division
(A)(1) or (2) of this section shall be transmitted to the treasurer of
state for deposit in the legal aid fund established under section
120.52 of the Revised Code. No part of the interest earned on
funds deposited in an interest-bearing trust account
established
under division (A)(1) or (2) of this section shall be paid to, or
inure to the benefit of, the attorney, the attorney's law firm or
legal professional association, the client or other
person who
owns or has a beneficial ownership of the funds deposited, or any
other person other than in accordance with this section, section
4705.10, and sections 120.51 to 120.55 of the Revised Code.
(C) No liability arising out of any act or omission by any
attorney, law firm, or legal professional association with
respect to any interest-bearing trust account established
under
division (A)(1) or (2) of this section shall be imputed to the
depository institution.
(D) The supreme court may adopt and enforce rules of
professional conduct that pertain to the use, by attorneys, law
firms, or legal professional associations, of interest-bearing
trust accounts established under division (A)(1) or (2) of
this section, and that pertain to the enforcement of division (A)(2)
of this section. Any rules adopted by the supreme court under
this authority shall conform to the provisions of this section,
section 4705.10, and sections 120.51 to 120.55 of the Revised
Code.
Sec. 4709.05. In addition to any other duty imposed on the
barber board under this chapter, the board shall do all of the
following:
(A) Organize by electing a chairperson from its
members to serve a one-year term;
(B) Hold regular meetings, at the times and places as it
determines for the purpose of conducting the examinations
required under this chapter, and hold additional meetings for the
transaction of necessary business;
(C) Provide for suitable quarters, in the city of
Columbus, for the conduct of its business and the maintenance of
its records;
(D) Adopt a common seal for the authentication of its
orders, communications, and records;
(E) Maintain a record of its proceedings and a register of
persons licensed as barbers. The register shall include each
licensee's name, place of business, residence, and licensure date
and number, and a record of all licenses issued, refused,
renewed, suspended, or revoked. The records are open to public
inspection at all reasonable times.
(F) Annually, on or before the first day of January, make
a report to the governor of all its official acts during the
preceding year, its receipts and disbursements, recommendations
it determines appropriate, and an evaluation of board activities
intended to aid or protect consumers of barber services;
(G) Employ an executive director who shall do all things
requested by the board for the administration and enforcement of
this chapter. The executive director shall employ inspectors,
clerks, and other assistants as he the executive director
determines necessary.
(H) Ensure that the practice of barbering is conducted
only in a licensed barber shop, except when the practice of
barbering is performed on a person whose physical or mental
disability prevents that person from going to a licensed barber
shop;
(I) Conduct or have conducted the examination for
applicants to practice as licensed barbers at least four times
per year at the times and places the board determines;
(J) Adopt rules, in accordance with Chapter 119. of the
Revised Code, to administer and enforce this chapter and which
cover all of the following:
(1) Sanitary standards for the operation of barber shops
and barber schools that conform to guidelines established by the
department of health;
(2) The content of the examination required of an
applicant for a barber license. The examination shall include a
practical demonstration and a written test, shall relate only to
the practice of barbering, and shall require the applicant to
demonstrate that the applicant has a thorough knowledge of
and competence in
the proper techniques in the safe use of chemicals used in the
practice of barbering.
(3) Continuing education requirements for persons licensed
pursuant to this chapter. The board may impose continuing
education requirements upon a licensee for a violation of this
chapter or the rules adopted pursuant thereto or if the board
determines that the requirements are necessary to preserve the
health, safety, or welfare of the public.
(4) Requirements for the licensure of barber schools,
barber teachers, and assistant barber teachers;
(5) Requirements for students of barber schools;
(6) Any other area the board determines appropriate to
administer or enforce this chapter.
(K) Annually review the rules adopted pursuant to division (J) of this section in order to compare those rules with the rules adopted by the state board of cosmetology pursuant to section 4713.08 of the Revised Code. If the barber board determines that the rules adopted by the state board of cosmetology, including, but not limited to, rules concerning using career technical schools, would be beneficial to the barbering profession, the barber board shall adopt rules similar to those it determines would be beneficial for barbers.
(L) Prior to adopting any rule under this chapter,
indicate at a formal hearing the reasons why the rule is
necessary as a protection of the persons who use barber services
or as an improvement of the professional standing of barbers in
this state;
(L)(M) Furnish each owner or manager of a barber shop and
barber school with a copy of all sanitary rules adopted pursuant
to division (J) of this section;
(M)(N) Conduct such investigations and inspections of persons
and establishments licensed or unlicensed pursuant to this
chapter and for that purpose, any member of the board or any of
its authorized agents may enter and inspect any place of business
of a licensee or a person suspected of violating this chapter or
the rules adopted pursuant thereto, during normal business hours;
(N)(O) Upon the written request of an applicant and the payment of the
appropriate fee, provide to the applicant licensure information concerning the
applicant;
(O)(P) Do all things necessary for the proper administration
and enforcement of this chapter.
Sec. 4713.02. (A) There is hereby created the state board
of cosmetology, consisting of
all of the following
members
appointed by the governor, with the advice and consent of the
senate:
(1) One person holding a current, valid cosmetologist,
managing cosmetologist, or cosmetology instructor license at the
time of appointment;
(2) Two persons holding current, valid managing
cosmetologist licenses and actively engaged in managing beauty
salons at the time
of appointment;
(3)
One person who holds a current, valid independent
contractor license at the time of appointment or the owner or
manager of a licensed salon in which at least one person holding a
current, valid independent contractor license practices a branch
of cosmetology;
(4) One person who represents individuals who teach the
theory and practice of a branch of cosmetology at a vocational
school;
(5) One owner of a
licensed school of cosmetology;
(6) One owner of at least five
licensed
salons;
(7) One person who is either a certified
nurse practitioner or clinical nurse specialist holding a
certificate of authority issued under Chapter 4723. of the Revised
Code, or a physician authorized under Chapter 4731. of the Revised
Code to practice medicine and surgery or osteopathic medicine and
surgery;
(8) One person representing the general public.
(B) The superintendent of public instruction shall nominate
three persons for the governor to choose from when making an
appointment under division (A)(4) of this section.
(C) All members shall be at least twenty-five years of age,
residents of the state, and citizens of the United States. No
more than two members, at any time, shall be graduates of the
same
school of cosmetology.
Except for the initial members appointed under
divisions (A)(3) and (4) of this section, terms of
office are for
five years. The term of the
initial member appointed
under division (A)(3) of this section
shall be three years. The
term of the initial member appointed
under division (A)(4) of this
section shall be four years. Terms
shall commence on the first
day of November and
end on the
thirty-first day of October.
Each member shall hold office from
the date of appointment
until
the end of the term for which
appointed. In case of
a vacancy
occurring on the board, the
governor shall, in the same
manner
prescribed for the regular
appointment to the board, fill
the
vacancy by appointing a member.
Any member appointed to fill
a
vacancy occurring prior to the
expiration of the term for which
the member's predecessor was
appointed shall hold office for
the
remainder
of such term. Any
member shall continue in office
subsequent to
the expiration date
of the member's term until
the
member's successor takes office, or
until a period of sixty days
has elapsed,
whichever occurs
first.
Before entering upon the
discharge of the duties
of the office of
member, each member shall
take, and file with the
secretary of
state, the oath of office
required by Section 7 of Article XV,
Ohio
Constitution.
The members of the board shall receive an amount fixed
pursuant to Chapter 124. of the Revised Code per diem for every
meeting of the board which they attend, together with their
necessary expenses, and mileage for each mile necessarily
traveled.
The members of the board shall annually elect, from among
their number, a chairperson.
The board shall prescribe the duties of its officers and
establish an office at Columbus, Ohio within Franklin County. The board shall keep all
records and files at the office and have the records and files at
all reasonable hours open to public inspection. The board also
shall adopt a seal.
Sec. 4717.05. (A) Any person who desires to
be licensed as
an embalmer shall apply to the board of embalmers
and funeral
directors on a form provided by the board. The
applicant shall
include with the application an initial license
fee as set forth
in section 4717.07 of the Revised
Code and evidence, verified by
oath and satisfactory to
the board, that the applicant meets all
of the following requirements:
(1) The applicant is at least eighteen years of age and of
good moral
character.
(2) If the applicant has pleaded guilty to, has been found
by
a judge or jury to be guilty of, or has had a judicial finding
of eligibility for treatment in lieu of conviction entered
against
the applicant in this state for aggravated murder,
murder,
voluntary manslaughter, felonious assault, kidnapping,
rape,
sexual battery, gross sexual imposition, aggravated arson,
aggravated robbery, or aggravated burglary, or has pleaded guilty
to, has been found by a judge or jury to be guilty of, or has
had
a judicial finding of eligibility for treatment in lieu of
conviction entered against the applicant in another jurisdiction
for
a substantially equivalent offense, at least five years has
elapsed since the applicant was released from incarceration,
a community control sanction, a post-release control
sanction, parole, or treatment in connection with the offense.
(3) The applicant holds at least a bachelor's degree from a
college or
university authorized to confer
degrees by the Ohio
board of regents or the comparable
legal agency of another state
in which the college or university
is located and submits an
official transcript from that college or university
with the
application.
(4) The applicant has satisfactorily
completed at least
twelve months of instruction in a prescribed
course in mortuary
science as approved by the board and has
presented to the board a
certificate showing successful completion of the
course. The
course of mortuary science college training may be completed
either before or after the completion of the educational standard
set forth in
division (A)(3) of this section.
(5) The applicant has registered with the board prior to
beginning an
embalmer apprenticeship.
(6) The applicant has satisfactorily completed at least one
year
of apprenticeship under an embalmer licensed in this state
and
has assisted that person in embalming at least twenty-five
dead
human bodies.
(7) The applicant, upon meeting the educational
standards
provided for in divisions (A)(3) and (4) of
this section and
completing the apprenticeship required in division
(A)(6) of this
section, has completed the examination for an
embalmer's license
required by the board.
(B) Upon receiving satisfactory evidence
verified by oath
that the applicant meets all the requirements of
division (A) of
this section, the board shall issue the
applicant an embalmer's
license.
(C) Any person who desires to be licensed as a
funeral
director shall apply to the board on a form provided by
the board.
The application shall include an initial license fee
as set forth
in section 4717.07 of the Revised
Code and evidence, verified by
oath and satisfactory to
the board, that the applicant meets all
of the following requirements:
(1) Except as otherwise provided in division
(D) of this
section, the applicant has satisfactorily met all the
requirements
for an embalmer's license as described in divisions
(A)(1) to (4)
of this section.
(2) The applicant has registered with the board prior to
beginning a
funeral director apprenticeship.
(3) The applicant, following mortuary science college
training
described in division (A)(4) of this section, has served satisfactorily completed
a
one-year apprenticeship under a licensed funeral director in
this
state and has assisted that person in directing at least
twenty-five funerals.
(4) The applicant has satisfactorily completed the
examination for
a funeral director's license as required by the
board.
(D) In lieu of mortuary science college
training required
for a funeral
director's license under division (C)(1) of this
section,
the applicant may substitute a satisfactorily completed two-year apprenticeship
under a
licensed funeral director in this state assisting that
person in
directing at least fifty funerals.
(E) Upon receiving satisfactory evidence that
the applicant
meets all the requirements of division (C)
of this section, the
board shall issue to the applicant a funeral
director's license.
(F) As used in this section:
(1) "Community control sanction" has the same meaning as in
section 2929.01 of the Revised Code.
(2) "Post-release control sanction" has the same meaning as
in section 2967.01 of the Revised Code.
Sec. 4723.32. This chapter does not prohibit any of the
following:
(A) The practice of nursing by a student
currently enrolled
in and actively pursuing completion of a prelicensure
nursing
education program approved by the board of nursing, if
the
student's practice is under
the auspices of the program and the
student acts under the
supervision of a registered nurse serving
for the program
as a faculty member, teaching assistant, or
preceptor;
(B) The rendering of medical assistance to a licensed
physician,
licensed dentist, or licensed podiatrist by a person
under the
direction, supervision, and control of such licensed
physician,
dentist, or podiatrist;
(C) The activities of persons employed as nursing aides,
attendants, orderlies, or other auxiliary workers in patient
homes, nurseries, nursing homes, hospitals, home health agencies,
or other similar institutions;
(D) The provision of nursing services to family members or
in emergency situations;
(E) The care of the sick when
done in connection with the
practice of religious tenets of any church and by or for its
members;
(F) The practice of nursing as a certified registered
nurse
anesthetist, clinical nurse specialist, certified nurse-midwife,
or certified
nurse practitioner by a student currently
enrolled
in and actively pursuing completion of a program of study
leading
to initial authorization by the board to practice nursing in the
specialty, if
both of the
following are the case:
(1) The program qualifies the student to sit for the
examination
of
a national certifying organization listed in
division (A)(3) of
section 4723.41 of the Revised Code or approved
by the board under
section
4723.46 of the Revised Code or
the
program
prepares the
student to receive a master's degree in
accordance
with division
(A)(2) of section 4723.41 of the Revised
Code;
(2) The student's practice is under the auspices of the
program
and the student acts under the supervision of a registered
nurse
serving for the program as a faculty member, teaching
assistant,
or preceptor.
(G) The
activities of an individual who currently holds a
license to practice
nursing in another jurisdiction, if the
individual's license has not been
revoked, the individual is not
currently under suspension or on probation, the
individual does
not represent the individual as being licensed under this
chapter,
and one of the following is the case:
(1) The individual is engaging in the practice of nursing by
discharging
official duties while employed by or under contract
with the
United
States government or any agency
thereof;
(2) The individual is engaging in the practice of nursing as
an employee
of an individual, agency, or corporation located in
the other
jurisdiction in a position with employment
responsibilities
that include transporting patients into, out of,
or through this
state, as long as each trip in this state does not
exceed seventy-two
hours;
(3) The individual is consulting with an individual licensed
in this
state to practice any health-related profession;
(4) The individual is engaging in activities associated with
teaching in
this state
as a guest lecturer at or for a nursing
education
program, continuing nursing education program, or
in-service
presentation;
(5) The individual is conducting evaluations of nursing care
that are
undertaken on
behalf of an accrediting organization,
including the national
league for nursing accrediting committee,
the joint commission
on accreditation of healthcare organizations,
or any other nationally
recognized accrediting organization;
(6) The individual is providing nursing care to an
individual who is in
this state on a temporary basis, not to
exceed six months in any
one calendar year, if the nurse is
directly employed by or under
contract with the individual or a
guardian or other person
acting on the individual's behalf;
(7) The individual is providing nursing care during any
disaster, natural
or otherwise, that has been officially declared
to be a disaster
by a public announcement issued by an appropriate
federal,
state, county, or municipal official.
(H) The administration of medication by an individual who holds a valid medication aide certificate issued under this chapter, if the medication is administered to a resident of a nursing home or residential care facility authorized by section 4723.63 or 4723.64 of the Revised Code to use a certified medication aide and the medication is administered in accordance with section 4723.67 of the Revised Code.
Sec. 4723.33. A registered nurse, licensed practical nurse,
or dialysis
technician, community health worker, or medication aide who in good faith makes a report under this
chapter or any other
provision of the Revised Code regarding a
violation of this chapter or any other provision
of the Revised
Code, or participates in any investigation, administrative
proceeding, or judicial proceeding resulting from the report, has
the
full protection against retaliatory action provided by
sections 4113.51 to
4113.53 of the Revised Code.
Sec. 4723.34. (A) Reports to the board of nursing shall be
made as
follows:
(1) Every employer of registered nurses,
licensed practical
nurses, or dialysis technicians shall report
to the board of
nursing
the name of any current or former employee who holds a
nursing license or
dialysis technician certificate
issued under
this chapter who has engaged in conduct that would be grounds
for
disciplinary action
by the board under section 4723.28 of the
Revised
Code. Every
Every employer of certified community health workers shall report to the board the name of any current or former employee who holds a community health worker certificate issued under this chapter who has engaged in conduct that would be grounds for disciplinary action by the board under section 4723.86 of the Revised Code.
Every employer of medication aides shall report to the board the name of any current or former employee who holds a medication aide certificate issued under this chapter who has engaged in conduct that would be grounds for disciplinary action by the board under section 4723.652 of the Revised Code.
(2) Nursing associations shall report to the board the
name
of any registered nurse or licensed practical nurse and dialysis
technician associations shall report to the board the name of any
dialysis
technician who has
been investigated and found to
constitute a danger to the public
health, safety, and welfare
because of conduct that would be
grounds for disciplinary action
by the board under section
4723.28 of the Revised Code, except
that an
association is
not required to report the individual's
name if
the individual is
maintaining satisfactory participation
in a peer support program
approved by the board under rules
adopted under section 4723.07
of the Revised Code. Community
Community health worker associations shall report to the board the name of any certified community health worker who has been investigated and found to constitute a danger to the public health, safety, and welfare because of conduct that would be grounds for disciplinary action by the board under section 4723.86 of the Revised Code, except that an association is not required to report the individual's name if the individual is maintaining satisfactory participation in a peer support program approved by the board under rules adopted under section 4723.07 of the Revised Code.
Medication aide associations shall report to the board the name of any medication aide who has been investigated and found to constitute a danger to the public health, safety, and welfare because of conduct that would be grounds for disciplinary action by the board under section 4723.652 of the Revised Code, except that an association is not required to report the individual's name if the individual is maintaining satisfactory participation in a peer support program approved by the board under rules adopted under section 4723.69 of the Revised Code.
(3) If the prosecutor in a case described in divisions
(B)(3) to (5) of section 4723.28 of the Revised Code, or in a
case
where the trial court issued an order of dismissal upon
technical
or procedural grounds of a charge of a misdemeanor
committed in
the course of practice, a felony charge, or a charge
of gross
immorality or moral turpitude, knows or has reason to
believe that
the person charged is licensed under this chapter to
practice
nursing as a registered nurse or as a licensed practical
nurse or
holds a certificate issued under this chapter
to practice as a
dialysis technician, the prosecutor shall notify
the board of
nursing. With regard to certified community health workers and medication aides, if the prosecutor in a case involving a charge of a misdemeanor committed in the course of employment, a felony charge, or a charge of gross immorality or moral turpitude, including a case dismissed on technical or procedural grounds, knows or has reason to believe that the person charged holds a community health worker or medication aide certificate issued under this chapter, the prosecutor shall notify the board.
Each notification required by this division shall be made on forms
prescribed and provided by the board. The report
shall include
the name and address of the license or certificate
holder, the charge,
and the
certified court documents recording
the action.
(B) If any person fails to provide a report required by
this
section, the board may seek an order from a court of
competent
jurisdiction compelling submission of the report.
Sec. 4723.341. (A) As used in this section,
"person" has
the
same meaning as in section 1.59 of the Revised Code and also
includes the board of nursing and its members and employees;
health care facilities, associations, and societies; insurers;
and
individuals.
(B) In the absence of fraud or bad faith, no person
reporting
to the board of nursing or testifying in an adjudication
conducted under Chapter 119. of the Revised Code with regard to
alleged incidents of negligence or malpractice or matters
subject
to this chapter or sections 3123.41 to 3123.50 of the Revised Code
and any applicable rules adopted under section 3123.63
of the
Revised Code or section of the Revised
Code shall be
subject to
either of the following based on making the
report or
testifying:
(1) Liability in damages in a civil action for injury,
death, or loss to
person or property;
(2) Discipline or dismissal by an employer.
(C) An individual who is disciplined or dismissed in
violation of division (B)(2) of this section has the same rights
and
duties accorded an employee under sections 4113.52 and 4113.53
of the Revised Code.
(D) In the absence of fraud or bad faith, no professional
association of
registered nurses, licensed practical nurses, or
dialysis technicians, community health workers, or medication aides that sponsors a committee or program to
provide peer
assistance
to individuals with substance abuse
problems, no
representative or
agent of such a committee or
program, and no member of the board
of nursing shall be liable to
any person for damages in a civil
action by reason of actions
taken to refer a nurse or, dialysis
technician, community health worker, or medication aide to a treatment
provider or actions or omissions of the
provider in treating a
nurse or, dialysis technician, community health worker, or medication aide.
Sec. 4723.61. As used in this section and in sections 4723.62 to 4723.69 of the Revised Code:
(A) "Medication" means a drug, as defined in section 4729.01 of the Revised Code.
(B) "Medication error" means a failure to follow the prescriber's instructions when administering a prescription medication.
(C) "Nursing home" and "residential care facility" have the same meanings as in section 3721.01 of the Revised Code.
(D) "Prescription medication" means a medication that may be dispensed only pursuant to a prescription.
(E) "Prescriber" and "prescription" have the same meanings as in section 4729.01 of the Revised Code.
Sec. 4723.62. (A) There is hereby created the medication aide advisory council. The council shall consist of the following members:
(1) A registered nurse working in long-term care, appointed by the governing body of the Ohio nurses association;
(2) A licensed practical nurse working in long-term care, appointed by the governing body of the licensed practical nurse association of Ohio;
(3) A registered nurse with experience in researching gerontology issues, appointed by the governing body of the Ohio nurses association;
(4) An advanced practice nurse with experience in gerontology, appointed by the governing body of the Ohio association of advanced practice nurses;
(5) A representative of the Ohio health care association, appointed by the governing body of the association;
(6) A representative of the association of Ohio philanthropic homes, housing, and services for the aging, appointed by the governing body of the association;
(7) A representative of the Ohio academy of nursing homes, appointed by the governing body of the academy;
(8) A representative of the Ohio assisted living association, appointed by the governing body of the association;
(9) A representative of the Ohio association of long-term care ombudsmen, appointed by the governing body of the association;
(10) A representative of the American association of retired persons, appointed by the governing body of the association;
(11) A representative of facility residents and families of facility residents, appointed by the board of nursing;
(12) A representative of the senior care pharmacy alliance, appointed by the governing body of the alliance;
(13) A representative of nurse aides, as defined in section 3721.21 of the Revised Code, appointed by the director of health;
(14) A representative of the department of health with expertise in competency evaluation programs, as defined in section 3721.21 of the Revised Code, appointed by the director of health;
(15) A representative of the office of the state long-term care ombudsperson program, appointed by the state long-term care ombudsperson;
(16) A representative of the department of job and family services, appointed by the director of job and family services.
(B) Members of the council shall serve at the pleasure of their appointing authorities. Vacancies shall be filled in the manner provided for original appointments.
(C) Members shall receive no compensation for their service on the council, except to the extent that serving on the council is part of their regular duties of employment.
(D) The board of nursing shall appoint one of its members or a representative of the board to serve as the council's chairperson.
Sec. 4723.621. The medication aide advisory council created under section 4723.62 of the Revised Code shall make recommendations to the board of nursing with respect to all of the following:
(A) The design and operation of the medication aide pilot program conducted under section 4723.63 of the Revised Code, including a method of collecting data through reports submitted by participating nursing homes and residential care facilities;
(B) The content of the course of instruction required to obtain certification as a medication aide, including the examination to be used to evaluate the ability to administer prescription medications safely and the score that must be attained to pass the examination;
(C) Whether medication aides may administer prescription medications through a gastrostomy or jejunostomy tube and the amount and type of training a medication aide needs to be adequately prepared to administer prescription medications through a gastrostomy or jejunostomy tube;
(D) Protection of the health and welfare of the residents of nursing homes and residential care facilities participating in the pilot program and using medication aides pursuant to section 4723.64 of the Revised Code on or after July 1, 2007;
(E) The board's adoption of rules under section 4723.69 of the Revised Code;
(F) Any other issue the council considers relevant to the use of medication aides in nursing homes and residential care facilities.
Sec. 4723.63. (A) In consultation with the medication aide advisory council established under section 4723.62 of the Revised Code, the board of nursing shall conduct a pilot program for the use of medication aides in nursing homes and residential care facilities. The board shall conduct the pilot program in a manner consistent with human protection and other ethical concerns typically associated with research studies involving live subjects. The pilot program shall be commenced not later than May 1, 2006, and shall be conducted until July 1, 2007.
During the period the pilot program is conducted, a nursing home or residential care facility participating in the pilot program may use one or more medication aides to administer prescription medications to its residents, subject to both of the following conditions:
(1) Each individual used as a medication aide must hold a current, valid medication aide certificate issued by the board of nursing under this chapter.
(2) The nursing home or residential care facility shall ensure that the requirements of section 4723.67 of the Revised Code are met.
(B) The board, in consultation with the medication aide advisory council, shall do all of the following not later than February 1, 2006:
(1) Design the pilot program;
(2) Establish standards to govern medication aides and the nursing homes and residential care facilities participating in the pilot program, including standards for the training of medication aides and the staff of participating nursing homes and residential care facilities;
(3) Establish standards to protect the health and safety of the residents of the nursing homes and residential care facilities participating in the program;
(4) Implement a process for selecting the nursing homes and residential care facilities to participate in the program.
(C)(1) A nursing home or residential care facility may volunteer to participate in the pilot program by submitting an application to the board on a form prescribed and provided by the board. From among the applicants, the board shall select eighty nursing homes and forty residential care facilities to participate in the pilot program.
(2) To be eligible to participate, a nursing home or residential care facility shall agree to observe the standards established by the board for the use of medication aides. A nursing home is eligible to participate only if the department of health has found in the two most recent surveys or inspections of the home that the home is free from deficiencies related to the administration of medication. A residential care facility is eligible to participate only if the department has found that the facility is free from deficiencies related to the provision of skilled nursing care or the administration of medication.
(D) As a condition of participation in the pilot program, a nursing home and residential care facility selected by the board shall pay the participation fee established in rules adopted under section 4723.69 of the Revised Code. The participation fee is not reimbursable under the medicaid program established under Chapter 5111. of the Revised Code.
(E) On receipt of evidence found credible by the board that continued participation by a nursing home or residential care facility poses an imminent danger, risk of serious harm, or jeopardy to a resident of the home or facility, the board may terminate the authority of the home or facility to participate in the pilot program.
(F)(1) With the assistance of the medication aide advisory council, the board shall conduct an evaluation of the pilot program. In conducting the evaluation, the board shall do all of the following:
(a) Assess whether medication aides are able to administer prescription medications safely to nursing home and residential care facility residents;
(b) Determine the financial implications of using medication aides in nursing homes and residential care facilities;
(c) Consider any other issue the board or council considers relevant to the evaluation.
(2) Not later than March 1, 2007, the board shall prepare a report of its findings and recommendations derived from the evaluation of the pilot program. The board shall submit the report to the governor, president and minority leader of the senate, speaker and minority leader of the house of representatives, and director of health.
Sec. 4723.64. On and after July 1, 2007, any nursing home or residential care facility may use one or more medication aides to administer prescription medications to its residents, subject to both of the following conditions:
(A) Each individual used as a medication aide must hold a current, valid medication aide certificate issued by the board of nursing under this chapter.
(B) The nursing home or residential care facility shall ensure that the requirements of section 4723.67 of the Revised Code are met.
Sec. 4723.65. (A) An individual seeking certification as a medication aide shall apply to the board of nursing on a form prescribed and provided by the board. If the application is submitted on or after July 1, 2007, the application shall be accompanied by the certification fee established in rules adopted under section 4723.69 of the Revised Code.
(B)(1) Except as provided in division (B)(2) of this section, an applicant for a medication aide certificate shall submit a request to the bureau of criminal identification and investigation for a criminal records check. The request shall be on the form prescribed pursuant to division (C)(1) of section 109.572 of the Revised Code and shall be accompanied by a standard impression sheet to obtain fingerprints prescribed pursuant to division (C)(2) of that section. The request shall also be accompanied by the fee prescribed pursuant to division (C)(3) of section 109.572 of the Revised Code. On receipt of the completed form, the completed impression sheet, and the fee, the bureau shall conduct a criminal records check of the applicant. On completion of the criminal records check, the bureau shall send the results of the check to the board. An applicant requesting a criminal records check under this division shall ask the superintendent of the bureau of criminal identification and investigation to also request that the federal bureau of investigation provide the superintendent with any information it has with respect to the applicant.
(2) If a criminal records check of an applicant was completed pursuant to section 3721.121 of the Revised Code not more than five years prior to the date the application is submitted, the applicant may include a certified copy of the criminal records check completed pursuant to that section and is not required to comply with division (B)(1) of this section.
(3) A criminal records check provided to the board in accordance with division (B)(1) or (B)(2) of this section shall not be made available to any person or for any purpose other than the following:
(a) The results may be made available to any person for use in determining whether the individual who is the subject of the check should be issued a medication aide certificate.
(b) The results may be made available to the person who is the subject of the check or a representative of that person.
Sec. 4723.651. (A) To be eligible to receive a medication aide certificate, an applicant shall meet all of the following conditions:
(1) Be at least eighteen years of age;
(2) Have a high school diploma or a high school equivalence diploma as defined in section 5107.40 of the Revised Code;
(3) If the applicant is to practice as a medication aide in a nursing home, be a nurse aide who satisfies the requirements of division (A)(1), (2), (3), (4), (5), (6), or (8) of section 3721.32 of the Revised Code;
(4) If the applicant is to practice as a medication aide in a residential care facility, be a nurse aide who satisfies the requirements of division (A)(1), (2), (3), (4), (5), (6), or (8) of section 3721.32 of the Revised Code or an individual who has at least one year of direct care experience in a residential care facility;
(5) Successfully complete the course of instruction provided by a training program approved by the board under section 4723.66 of the Revised Code;
(6) Have results on the criminal records check provided to the board under division (B)(1) or (2) of section 4723.65 of the Revised Code indicating that the applicant has not been convicted of, has not pleaded guilty to, and has not had a judicial finding of guilt for violating section 2903.01, 2903.02, 2903.03, 2903.11, 2905.01, 2907.02, 2907.03, 2907.05, 2909.02, 2911.01, or 2911.11 of the Revised Code or a substantially similar law of another state, the United States, or another country;
(7) Meet all other requirements for a medication aide certificate established in rules adopted under section 4723.69 of the Revised Code.
(B) If an applicant meets the requirement specified in division (A) of this section, the board shall issue a medication aide certificate to the applicant. If a medication aide certificate is issued to an individual on the basis of having at least one year of direct care experience working in a residential care facility, as provided in division (A)(4) of this section, the certificate is valid for use only in a residential care facility. The board shall state the limitation on the certificate issued to the individual.
(C) A medication aide certificate is valid for two years, unless earlier suspended or revoked. The certificate may be renewed in accordance with procedures specified by the board in rules adopted under section 4723.69 of the Revised Code. To be eligible for renewal, an applicant shall pay the renewal fee established in the rules and meet all renewal qualifications specified in the rules.
Sec. 4723.652. (A) The board of nursing, by vote of a quorum, may impose one or more of the following sanctions against any individual who applies for, or holds, a medication aide certificate: deny, revoke, suspend, or place restrictions on the certificate; reprimand or otherwise discipline the holder of a medication aide certificate; or impose a fine of not more than five hundred dollars per violation. The sanctions may be imposed for any of the reasons specified in division (B) of section 4723.28 of the Revised Code, to the extent that those reasons are applicable to medication aides as specified in rules adopted under section 4723.69 of the Revised Code.
(B) Disciplinary actions taken by the board under this section shall be taken pursuant to an adjudication conducted under Chapter 119. of the Revised Code, except that in lieu of a hearing, the board may enter into a consent agreement with an individual to resolve an allegation of a violation of this chapter or any rule adopted under it. A consent agreement, when ratified by vote of a quorum, shall constitute the findings and order of the board with respect to the matter addressed in the agreement. If the board refuses to ratify a consent agreement, the admissions and findings contained in the agreement shall be of no effect.
(C) In taking actions under this section, the board has the same powers and duties that it has when taking actions under section 4723.28 of the Revised Code. In addition, the board may issue an order to summarily suspend or automatically suspend a medication aide certificate in the same manner that the board is authorized to take those actions under section 4723.281 of the Revised Code.
Sec. 4723.66. (A) A person or government entity seeking approval to provide a medication aide training program shall apply to the board of nursing on a form prescribed and provided by the board. If the application is submitted on or after July 1, 2007, the application shall be accompanied by the fee established in rules adopted under section 4723.69 of the Revised Code.
(B) The board shall approve the applicant to provide a medication aide training program if the content of the course of instruction to be provided by the program meets the standards specified by the board in rules adopted under section 4723.69 of the Revised Code and includes all of the following:
(1) At least seventy clock-hours of instruction, including both classroom instruction on medication administration and at least twenty clock-hours of supervised clinical practice in medication administration;
(2) A mechanism for evaluating whether an individual's reading, writing, and mathematical skills are sufficient for the individual to be able to administer prescription medications safely;
(3) An examination that tests the ability to administer prescription medications safely and that meets the requirements established by the board in rules adopted under section 4723.69 of the Revised Code.
(C) The board may deny, suspend, or revoke the approval granted to the provider of a medication aide training program for reasons specified in rules adopted under section 4723.69 of the Revised Code. All actions taken by the board to deny, suspend, or revoke the approval of a training program shall be taken in accordance with Chapter 119. of the Revised Code.
Sec. 4723.67. (A) Except for the prescription medications specified in division (C) of this section and the methods of medication administration specified in division (D) of this section, a medication aide who holds a current, valid medication aide certificate issued under this chapter may administer prescription medications to the residents of nursing homes and residential care facilities that use medication aides pursuant to section 4723.63 or 4723.64 of the Revised Code. A medication aide shall administer prescription medications only pursuant to the delegation of a registered nurse or a licensed practical nurse acting at the direction of a registered nurse.
Delegation of medication administration to a medication aide shall be carried out in accordance with the rules for nursing delegation adopted under this chapter by the board of nursing. A nurse who has delegated to a medication aide responsibility for the administration of prescription medications to the residents of a nursing home or residential care facility shall not withdraw the delegation on an arbitrary basis or for any purpose other than patient safety.
(B) In exercising the authority to administer prescription medications pursuant to nursing delegation, a medication aide may administer prescription medications in any of the following categories:
(3) Medications administered as drops to the eye, ear, or nose;
(4) Rectal and vaginal medications;
(5) Medications prescribed with a designation authorizing or requiring administration on an as-needed basis, but only if a nursing assessment of the patient is completed before the medication is administered.
(C) A medication aide shall not administer prescription medications in either of the following categories:
(1) Medications containing a schedule II controlled substance, as defined in section 3719.01 of the Revised Code;
(2) Medications requiring dosage calculations.
(D) A medication aide shall not administer prescription medications by any of the following methods:
(2) Intravenous therapy procedures;
(3) Splitting pills for purposes of changing the dose being given.
(E) A nursing home or residential care facility that uses medication aides shall ensure that medication aides do not have access to any schedule II controlled substances within the home or facility for use by its residents.
Sec. 4723.68. (A) A registered nurse, or licensed practical nurse acting at the direction of a registered nurse, who delegates medication administration to a medication aide who holds a current, valid medication aide certificate issued under this chapter is not liable in damages to any person or government entity in a civil action for injury, death, or loss to person or property that allegedly arises from an action or omission of the medication aide in performing the medication administration, if the delegating nurse delegates the medication administration in accordance with this chapter and the rules adopted under this chapter.
(B)
A person employed by a nursing home or residential care facility that uses medication aides pursuant to section 4723.63 or 4723.64 of the Revised Code who reports in good faith a medication error at the nursing home or residential care facility is not subject to disciplinary action by the board of nursing or any other government entity regulating that person's professional practice and is not liable in damages to any person or government entity in a civil action for injury, death, or loss to person or property that allegedly results from reporting the medication error.
Sec. 4723.69. (A) In consultation with the medication aide advisory council created under section 4723.62 of the Revised Code, the board of nursing shall adopt rules to implement sections 4723.61 to 4723.68 of the Revised Code. Initial rules shall be adopted not later than February 1, 2006. All rules adopted under this section shall be adopted in accordance with Chapter 119. of the Revised Code.
(B) The rules adopted under this section shall establish or specify all of the following:
(1) Fees, in an amount sufficient to cover the costs the board incurs in implementing sections 4723.61 to 4723.68 of the Revised Code, for participation in the medication aide pilot program, certification as a medication aide, and approval of a medication aide training program;
(2) Requirements to obtain a medication aide certificate that are not otherwise specified in section 4723.651 of the Revised Code;
(3) Procedures for renewal of medication aide certificates;
(4) The extent to which the board determines that the reasons for taking disciplinary actions under section 4723.28 of the Revised Code are applicable reasons for taking disciplinary actions under section 4723.652 of the Revised Code against an applicant for or holder of a medication aide certificate;
(5) Standards for approval of peer support programs for the holders of medication aide certificates;
(6) Standards for medication aide training programs, including the examination to be administered by the training program to test an individual's ability to administer prescription medications safely;
(7) Reasons for denying, revoking, or suspending approval of a medication aide training program;
(8) Other standards and procedures the board considers necessary to implement sections 4723.61 to 4723.68 of the Revised Code.
Sec. 4723.63 4723.91. On receipt of a notice pursuant to section
3123.43 of the Revised Code, the board of nursing
shall comply
with sections 3123.41 to 3123.50 of the Revised Code and
any
applicable rules adopted under section 3123.63 of the Revised Code
with respect to a
nursing license, medication aide certificate, dialysis technician
certificate, or community health worker certificate issued pursuant to
this chapter.
Sec. 4731.65. As used in sections 4731.65 to 4731.71 of
the Revised Code:
(A)(1) "Clinical laboratory services" means either of the following:
(a) Any examination of materials derived from the human
body for the purpose of providing information for the diagnosis,
prevention, or treatment of any disease or impairment or for the
assessment of health;
(b) Procedures to determine, measure, or otherwise
describe the presence or absence of various substances or
organisms in the body.
(2) "Clinical laboratory services" does not include the
mere collection or preparation of specimens.
(B) "Designated health services" means any of the
following:
(1) Clinical laboratory services;
(2) Home health care services;
(3) Outpatient prescription drugs.
(C) "Fair market value" means the value in arms-length
transactions, consistent with general market value and:
(1) With respect to rentals or leases, the value of rental
property for general commercial purposes, not taking into account
its intended use;
(2) With respect to a lease of space, not adjusted to
reflect the additional value the prospective lessee or lessor
would attribute to the proximity or convenience to the lessor if
the lessor is a potential source of referrals to the lessee.
(D) "Governmental health care program" means
any program
providing health care benefits that is administered by the
federal government, this state, or a political subdivision of
this state, including the medicare program established under
Title XVIII of the "Social Security Act," 49 Stat. 620 (1935), 42
U.S.C.A. 301, as amended, health care coverage for public
employees, health care benefits administered by the bureau of
workers' compensation, or the medical assistance program established
under Chapter 5111. of the Revised Code, and the disability medical
assistance program established
under Chapter 5115. of the Revised Code.
(E)(1) "Group practice" means a group of two
or more
holders of certificates under this chapter legally organized as a
partnership, professional corporation or association, limited liability
company, foundation, nonprofit corporation, faculty practice plan,
or similar group practice entity, including an organization comprised of a
nonprofit medical clinic that contracts with a professional
corporation or association of physicians to provide medical
services exclusively to patients of the clinic in order to comply
with section 1701.03 of the Revised Code
and including a corporation, limited liability company,
partnership, or professional association described in division
(B) of section 4731.226 of the Revised Code formed
for the purpose of providing a combination of the professional services of
optometrists who are licensed, certificated, or otherwise legally authorized
to practice optometry under Chapter 4725. of the Revised
Code, chiropractors who
are licensed, certificated, or otherwise legally authorized to practice
chiropractic under Chapter 4734. of the Revised Code,
psychologists who are licensed, certificated, or
otherwise legally authorized to practice psychology under
Chapter 4732. of the Revised Code, registered or licensed
practical nurses who are licensed, certificated, or otherwise
legally authorized to practice nursing under
Chapter 4723. of the Revised Code,
pharmacists who are licensed,
certificated, or otherwise legally authorized to practice
pharmacy under Chapter 4729. of
the Revised Code, physical
therapists who are licensed, certificated, or otherwise legally
authorized to practice physical therapy under sections 4755.40
to 4755.53 of the Revised
Code,
mechanotherapists who are licensed, certificated, or
otherwise legally authorized to practice mechanotherapy under
section 4731.151 of the Revised
Code,
and doctors of
medicine and surgery, osteopathic medicine and surgery, or podiatric medicine
and surgery who are licensed, certificated, or otherwise legally authorized
for their respective practices under this chapter, to which all of the
following apply:
(a) Each physician who is a member of the group practice
provides substantially the full range of services that the
physician routinely provides, including medical care,
consultation, diagnosis, or treatment, through the joint use of
shared office space, facilities, equipment, and personnel.
(b) Substantially all of the services of the members of the group are
provided
through the group and
are billed in the name of the group and amounts so received are
treated as receipts of the group.
(c) The overhead expenses of and the income from the
practice are distributed in accordance with methods previously
determined by members of the group.
(d) The group practice meets any other requirements that
the state medical board applies in rules adopted under section
4731.70 of the Revised Code.
(2) In the case of a faculty practice plan associated with
a hospital with a medical residency training program in which
physician members may provide a variety of specialty services and
provide professional services both within and outside the group,
as well as perform other tasks such as research, the criteria in
division (E)(1) of this section apply only
with respect to
services rendered within the faculty practice plan.
(F) "Home health care services" and
"immediate family" have the same meanings as in
the rules adopted under section 4731.70 of the Revised Code.
(G) "Hospital" has the same meaning as in section
3727.01 of the Revised Code.
(H) A "referral" includes both of the following:
(1) A request by a holder of a certificate under this
chapter for an item or service, including a request for a
consultation with another physician and any test or procedure
ordered by or to be performed by or under the supervision of the
other physician;
(2) A request for or establishment of a plan of care by a
certificate holder that includes the provision of designated health services.
(I) "Third-party payer" has the same meaning
as in section 3901.38 of the Revised Code.
Sec. 4731.71. The auditor of state may implement procedures
to
detect violations of section 4731.66 or 4731.69 of the Revised
Code within
governmental health care programs administered by the
state. The auditor of
state shall report any violation of either
section to the state medical board
and shall certify to the
attorney general in accordance with section 131.02 of
the Revised
Code the amount of any refund owed to a state-administered
governmental health care program under section 4731.69 of the
Revised Code as
a result of a violation. If a refund is owed to
the medical assistance
program established under Chapter 5111. of
the Revised Code or the disability
medical assistance
program established under Chapter 5115. of the
Revised Code, the
auditor of state also shall
report the amount to the department of
commerce.
The state medical board also may implement procedures to
detect violations
of section 4731.66 or 4731.69 of the Revised
Code.
Sec. 4736.11. The state board of sanitarian registration
shall issue a certificate of registration to any applicant whom
it registers as a sanitarian or a sanitarian-in-training. Such
certificate shall bear:
(A) The name of the person;
(C) A serial number, designated by the board;
(D) The seal of the board and signature of the chairman
chairperson of
the board;
(E) The designation "registered sanitarian" or
"sanitarian-in-training."
Certificates of registration shall expire annually on the
date fixed by the board and become invalid on that date unless
renewed pursuant to this section. All registered sanitarians
shall be required annually to complete a continuing education
program in subjects relating to practices of the profession as a
sanitarian to the end that the utilization and application of new
techniques, scientific advancements, and research findings will
assure comprehensive service to the public. The board shall
prescribe by rule a continuing education program for registered
sanitarians to meet this requirement. The length of study for
this program shall be determined by the board but shall be not
less than six nor more than twenty-five hours during the calendar
year. At least once annually the board shall mail provide to each
registered sanitarian a list of courses approved by the board as
satisfying the program prescribed by rule. Upon the request of a
registered sanitarian, the secretary shall supply a list of any
additional applicable courses that the board has approved since the most
recent mailing. A certificate may be renewed for a period of one
year at any time prior to the date of expiration upon payment of
the renewal fee prescribed by section 4736.12 of the Revised Code
and upon showing proof of having complied with the continuing
education requirements of this section. The state board of
sanitarian registration may waive the continuing education
requirement in cases of certified illness or disability which
prevents the attendance at any qualified educational seminars
during the twelve months immediately preceding the annual
certificate of registration renewal date. Certificates which
expire may be reinstated under rules adopted by the board.
Sec. 4736.12. (A) The state board of sanitarian
registration shall charge the following fees:
(1) To apply as a sanitarian-in-training,
seventy-five eighty dollars;
(2) For sanitarians-in-training to apply for registration
as
sanitarians,
seventy-five eighty dollars. The applicant
shall
pay this
fee only once regardless of the number of times the
applicant
takes
an examination required under section 4736.08 of
the Revised
Code.
(3) For persons other than sanitarians-in-training to
apply
for registration as sanitarians, including persons meeting
the
requirements of section 4736.16 of the Revised Code, one
hundred
fifty sixty dollars. The
applicant shall pay this fee only once
regardless of the number
of times the applicant takes an
examination required under section
4736.08 of the Revised Code.
(4) The renewal fee for registered sanitarians shall be
sixty-nine seventy-four dollars.
(5) The renewal fee for sanitarians-in-training shall be
sixty-nine seventy-four dollars.
(6) For late application for renewal, twenty-five twenty-seven dollars.
The board of sanitarian registration, with the approval of
the controlling board, may establish fees in excess of the
amounts
provided in this section, provided that such fees do not
exceed
the amounts permitted by this section by more than fifty
per cent.
(B) The board of sanitarian registration shall charge
separate fees for examinations as required by section 4736.08 of
the Revised Code, provided that the fees are not in excess of the
actual cost to the board of conducting the examinations.
(C) The board of sanitarian registration may adopt rules
establishing fees for all of the following:
(1) Application for the registration of a training agency
approved under
rules adopted by the board pursuant to section
4736.11 of the Revised Code and for the annual
registration
renewal of an approved training agency.
(2) Application for the review of continuing education hours
submitted for
the board's approval by approved training agencies
or by registered
sanitarians or sanitarians-in-training.
Sec. 4740.14. (A) There is hereby created within the
department
of commerce the residential construction advisory
committee consisting of
eight nine persons the director of
commerce appoints.
Of the advisory committee's
members, three shall be
general
contractors who have recognized ability and experience
in
the
construction of residential buildings, two shall be building
officials
who have experience administering and enforcing a
residential building code, one, chosen from a list of three names the Ohio fire chief's association submits, shall be from the fire service
certified as a fire safety inspector who has at least ten years of
experience
enforcing fire or building codes, one shall be a
residential
contractor who has recognized
ability and experience
in the
remodeling
and construction of residential buildings, and one
shall be an architect
registered pursuant to Chapter 4703. of the
Revised Code, with recognized ability and experience in the
architecture of residential buildings, and one, chosen from a list of three names the Ohio municipal league submits to the director, shall be a mayor of a municipal corporation in which the Ohio residential building code is being enforced in the municipal corporation by a certified building department.
(B) The director shall make appointments to the advisory
committee within ninety days after
the effective date of this
section May 27, 2005. Terms
of office shall be
for three
years, with each term
ending on the date three years after the
date
of appointment.
Each
member shall hold office from the date
of appointment
until
the
end of the term for which the member was
appointed. The
director
shall fill a vacancy in the manner
provided for initial
appointments. Any
member appointed to fill a
vacancy in an
unexpired term shall hold office for the
remainder of
that term.
(C) The advisory committee shall do all of the following:
(1) Recommend to the board of building
standards a
building code
for residential buildings. The committee shall recommend a code
that it models on a residential building code a
national model code organization issues, with adaptations necessary to implement the code in this state. If the board of
building
standards decides not to adopt a code the
committee recommends, the committee shall revise the code and resubmit
it until the board adopts a code the
committee recommends as the state residential building code;
(2) Advise the board regarding the establishment of
standards for
certification of building officials who enforce the state residential
building code;
(3) Assist the board in providing information and guidance
to
residential
contractors and building
officials who
enforce the state residential
building code;
(4)
Advise the board regarding the interpretation of the
state residential building code;
(5) Provide other assistance the committee considers necessary.
(D) In making its recommendation to the board pursuant to
division (C)(1) of this section, the advisory committee shall
consider all of the following:
(1) The impact that the
state residential building code may
have upon
the health,
safety, and welfare of the public;
(2) The economic reasonableness of the
residential
building code;
(3) The technical feasibility of the
residential
building code;
(4) The financial impact that the
residential
building
code may
have on the
public's ability to purchase
affordable
housing.
(E) Members of the advisory
committee shall receive no
salary for
the performance of their duties as members, but shall
receive their actual and
necessary expenses incurred in the
performance of their duties as members of
the advisory committee and shall receive a per diem for each day in attendance at an official meeting of the committee, to be paid from the industrial compliance operating fund in the state treasury, using fees collected in connection with residential buildings pursuant to division (F)(2) of section 3781.102 of the Revised Code and deposited in that fund.
(F) The advisory committee is not subject to divisions
(A)
and (B) of section 101.84 of the Revised Code.
Sec. 4753.03. There is hereby created the board of
speech-language pathology and audiology consisting of eight
residents of this state to be appointed by the governor with the
advice and consent of the senate. Three members of the board
shall be licensed speech-language pathologists, and three members
shall be licensed audiologists, who have been licensed and
engaged in the practice, teaching, administration, or research in
the area of appointment for at least five years prior to the
dates of their appointment. Beginning with the first appointment
of an audiologist to the board after the effective date of this
amendment November 5, 1992, at all times one of the
audiologists
serving on the board must be an audiologist engaged in the
practice of fitting and dispensing hearing aids. At all times,
two members shall be representatives of the general public, and
neither shall be a speech-language pathologist or audiologist or
a person licensed under this chapter. At least one of the
members representing the general public shall be at least sixty
years of age. Any speech-language pathologists and audiologists
among the initial appointees shall have at least a bachelor's
degree in speech-language pathology or audiology and shall meet
the standards for licensure, other than examination, established
by section 4753.06 or 4753.08 of the Revised Code. Any
speech-language pathologist or audiologist appointed to the board
after the effective date of this amendment, must
hold a master's or doctorate degree.
Terms of office shall be for three years, each term
commencing on the twenty-seventh day of September and ending on
the twenty-sixth day of September. Each member shall hold office
from the date of his appointment until the end of the term for
which he was appointed. Any member appointed to fill a vacancy
occurring prior to the expiration of the term for which his the
member's predecessor was appointed shall hold office for the remainder of
such term. Any member shall continue in office subsequent to the
expiration date of his the member's term until his the
member's successor takes office, or
until a period of sixty days has elapsed, whichever occurs first. No person
shall be appointed to serve consecutively more than two
full terms. The executive council of the Ohio speech and hearing
association may recommend, within forty-five days after any
vacancy or expiration of a member's term occurs, no more than
three persons to fill each position or vacancy on the board, and
the governor may make his the appointment from the persons so
recommended. If the council fails to make recommendations within
the required time, the governor shall make the appointment
without its recommendations.
The terms of all speech-language pathology members shall
not end in the same year; the terms of all audiology members
shall not end in the same year. Upon the first appointment
following the effective date of this amendment November 5, 1992, the governor shall appoint speech-language pathology members and
audiology members to one-, two-, or three-year terms to prevent
the terms of all speech-language pathology members or all
audiology members from ending in the same year. Thereafter, all
terms shall be for three years.
Sec. 4753.06. No person is eligible for licensure as a
speech-language pathologist or audiologist unless:
(A) He The person has obtained a broad general education to
serve as a background for his the person's specialized academic
training and preparatory professional experience. Such background may include
study from among the areas of human psychology, sociology,
psychological and physical development, the physical sciences,
especially those that pertain to acoustic and biological
phenomena, and human anatomy and physiology, including
neuroanatomy and neurophysiology.
(B) He If the person seeks licensure as a speech-language pathologist, the person submits to the board of speech-language pathology and audiology an official transcript
demonstrating that he the person has at least a master's degree
in the area in which licensure is sought speech-language pathology or the equivalent as determined by
the board. His The person's academic credit must include course
work accumulated in the completion of a well-integrated course of
study approved by the board and delineated by rule dealing with
the normal aspects of human communication, development and
disorders thereof, and clinical techniques for the evaluation and
the improvement or eradication of such disorders. The course
work must have been completed at colleges or universities
accredited by regional or national accrediting organizations
recognized by the board.
(C) He If the person seeks licensure as an audiologist, the person submits to the board an official transcript demonstrating that the person has at least a doctor of audiology degree or the equivalent as determined by the board. The person's academic credit must include course work accumulated in the completion of a well-integrated course of study approved by the board and delineated by rules dealing with the normal aspects of human hearing, balance, and related development and clinical evaluation, audiologic diagnosis, and treatment of disorders of human hearing, balance, and related development. The course work must have been completed in an audiology program that is accredited by an organization recognized by the United States department of education and operated by a college or university accredited by a regional or national accrediting organization recognized by the board.
(D) The person submits to the board evidence of the completion of
appropriate, supervised clinical experience in the professional
area, speech-language pathology or audiology, for which licensure
is requested, dealing with a variety of communication disorders.
The appropriateness of the experience shall be determined under
rules of the board. This experience shall have been obtained in
an accredited college or university, in a cooperating program of
an accredited college or university, or in another program
approved by the board.
(D) He (E) The person submits to the board evidence that the person has passed the examination for licensure to practice speech-language pathology or audiology pursuant to division (B) of section 4753.05 of the Revised Code.
(F) If the person submits to the board an application for licensure as an audiologist before January 1, 2006, and meets the requirements of division (B) of this section regarding a master's degree in audiology as that division existed on December 31, 2005, but not the requirements of division (C) of this section regarding a doctor of audiology degree or if the person seeks licensure as a speech-language pathologist, the person presents to the board written evidence that
he the person has
obtained professional experience. The professional experience
shall be appropriately supervised as determined by board rule.
The amount of professional experience shall be determined by
board rule and shall be bona fide clinical work that has been
accomplished in the major professional area, speech-language
pathology or audiology, in which licensure is being sought. This
If the person seeks licensure as a speech-language pathologist, this experience shall not begin until the requirements of divisions
(B) and (C), (D), and (E) of this section have been completed unless approved
by the board. If the person seeks licensure as an audiologist, this experience shall not begin until the requirements of division (B) of this section, as that division existed on December 31, 2005, and divisions (D) and (E) of this section have been completed unless approved by the board. Before beginning the supervised professional
experience pursuant to this section, any the applicant for licensure
to practice speech-language pathology or audiology shall meet the
requirements for obtain a conditional license pursuant to section
4753.071 of the Revised Code.
(E) He submits to the board evidence that he
has passed the examination for licensure to practice
speech-language pathology or audiology pursuant to division (B) of section
4753.05 of the Revised Code.
Sec. 4753.071. A person who is required to meet the supervised professional experience requirement of division (F) of section 4753.06 of the Revised Code shall submit to the board of speech-language pathology and audiology an application for a conditional license. The application shall include a plan for the content of the supervised professional experience on a form the board shall prescribe. The board of speech-language pathology and
audiology shall issue a the conditional license to an the applicant who,
except for the supervised professional experience:
(A) Meets if the applicant meets the academic, practicum, and examination
requirements of divisions (B), (C), and (E) of section 4753.06 of
the Revised Code;
(B) Submits an application to the board, including a plan
for the content of the supervised professional experience on a
form prescribed by the board, other than the requirement to have obtained the supervised professional experience, and pays to the board the
appropriate fee for a conditional license. An applicant may not
begin employment until the conditional license has been approved issued.
A conditional license authorizes an individual to practice
speech-language pathology or audiology while completing the
supervised professional experience as required by division (D)(F) of
section 4753.06 of the Revised Code. A person holding a
conditional license may practice speech-language pathology or
audiology while working under the supervision of a person fully
licensed in accordance with this chapter. A conditional license
is valid for eighteen months unless suspended or revoked pursuant
to section 3123.47 or 4753.10 of the Revised Code.
A person holding a conditional license may perform services
for which reimbursement will be sought under the medicare program
established under Title XVIII of the "Social Security Act," 49
79 Stat. 620 286 (1935 1965), 42 U.S.C. 301 1395, as amended, or the medical
assistance medicaid program established under Chapter 5111. of the Revised
Code and Title XIX of the "Social Security Act"
but all requests for reimbursement for such services shall be made by the
person
who supervises the person performing the services.
Sec. 4753.08. The board of speech-language pathology and
audiology shall waive the examination, educational,
and
professional experience requirements for any applicant who meets any of the following requirements:
(A) On September 26, 1975, has at least a bachelor's
degree
with a major in speech-language pathology or audiology
from an
accredited college or university, or who has been
employed as a
speech-language pathologist or audiologist for at
least nine
months at any time within the three years prior to
September 26,
1975, if an application providing bona fide proof
of such degree
or employment is filed with the board within one
year after
September 26, 1975, and is accompanied by the
application fee as
prescribed in division (A) of section 4753.11
of the Revised Code;
(B) Presents proof of current certification or licensure
in
good standing in the area in which licensure is sought in a
state
which that has standards at least equal to those the standards for licensure
that are in effect in this
state at the time the applicant applies for the license;
(C) Presents proof of both of the following:
(1) Having current certification or licensure in good standing in audiology in a state that has standards at least equal to the standards for licensure as an audiologist that were in effect in this state on December 31, 2005;
(2) Having first obtained that certification or licensure not later than December 31, 2007.
(D) Presents proof of a current certificate of clinical
competence in speech-language pathology or audiology that is in
good standing and received from the American
speech-language-hearing association in the area in which
licensure
is sought.
Sec. 4753.09. Except as provided in this section and in
section 4753.10 of the Revised Code, a license issued by the
board of speech-language pathology and audiology shall be renewed
biennially in accordance with the standard renewal procedure
contained in Chapter 4745. of the Revised Code. If the
application for renewal is made after one year or longer after the renewal application is due, the person shall
apply for licensure as provided in section 4753.06 or division
(B) or, (C), or (D) of section 4753.08 of the Revised Code. The board
shall not renew a conditional license; however, the board may
grant an applicant a second conditional license.
The board shall establish by rule adopted pursuant to
Chapter 119. of the Revised Code the qualifications for license
renewal. Applicants shall demonstrate continued competence,
which may include continuing education, examination,
self-evaluation, peer review, performance appraisal, or practical
simulation. The board may establish other requirements as a
condition for license renewal as considered appropriate by the
board.
The board may renew a license which expires while the
license is suspended, but the renewal shall not affect the
suspension. The board shall not renew a license which has been
revoked. If a revoked license is reinstated under section
4753.10 of the Revised Code after it has expired, the licensee,
as a condition of reinstatement, shall pay a reinstatement fee in
the amount equal to the renewal fee in effect on the last
preceding regular renewal date on which it is reinstated, plus
any delinquent fees accrued from the time of the revocation, if
such a fee is prescribed by the board by rule. A license shall
not be renewed six years after the initial date on which the
license was granted for a person initially licensed by exemption
until that person presents to the board proof of completion of
the following requirements:
(A) Upon presentation of proof of a bachelor's degree with
a major in the area of licensure or successful completion of at
least eighteen semester hours of academic credit, or its
equivalent as determined by the board by rule for colleges and
universities not using semesters, accumulated from accredited
colleges and universities. These eighteen semester hours shall
be in a variety of courses that provide instruction related to
the nature of communication disorders and present information
pertaining to and training in the evaluation and management of
speech, language, and hearing disorders and shall be in the
professional area, speech-language pathology or audiology, for
which licensure is requested.
(B) Successful completion of at least one hundred fifty
clock hours of appropriately supervised, as determined by board
rule, clinical experience in the professional area,
speech-language pathology or audiology, for which licensure is
requested, with individuals who present a variety of
communication disorders, and the experience shall have been
obtained under the supervision of a licensed speech-language
pathologist or audiologist, or within another program approved by
the board.
Sec. 4755.03. There is hereby created the Ohio
occupational therapy, physical therapy, and athletic trainers
board consisting of sixteen residents of this state, who shall be
appointed by the governor with the advice and consent of the
senate. The board shall be composed of a physical therapy
section, an occupational therapy section, and an athletic
trainers section.
Five members of the board shall be physical therapists who
are licensed to practice physical therapy and who have been
engaged in or actively associated with the practice of physical
therapy in this state for at least five years immediately
preceding appointment. Such members of the board shall sit on
the physical therapy section. The physical therapy section also
shall consist of four additional members, appointed by the
governor with the advice and consent of the senate, who satisfy
the same qualifications as the members of the board sitting on
the physical therapy section, but who are not members of the
board. Such additional members of the physical therapy section
are vested with only such powers and shall perform only such
duties as relate to the affairs of that section, shall serve for
the same terms as do members of the board sitting on the physical
therapy section, and shall subscribe to and file with the
secretary of state the constitutional oath of office.
Five Four members of the board shall be occupational therapists
who and one member shall be a licensed occupational therapy assistant, all of whom have been engaged in or actively associated with the practice
of occupational therapy or practice as an occupational therapy assistant in this state for at least five years
immediately preceding appointment. Such members of the board
shall sit on the occupational therapy section.
Four members of the board shall be athletic trainers who
have been engaged in the practice of athletic training in Ohio
for at least five years immediately preceding appointment. One
member of the board shall be a physician licensed to practice
medicine and surgery in this state. Such members of the board
shall sit on the athletic trainers section.
One member of the board shall represent the public and
shall be at least sixty years of age. This member shall sit on
the board.
Terms of office are for three years, each term commencing
on the twenty-eighth day of August and ending on the
twenty-seventh day of August. Each member shall serve subsequent
to the expiration of his the member's term until his
the member's successor is appointed
and qualifies, or until a period of sixty days has elapsed,
whichever occurs first. Each member, before entering upon the
official
duties of his office, shall subscribe to and file with the
secretary of state the constitutional oath of office. All
vacancies shall be filled in the manner prescribed for the
regular appointments to the board and are limited to the
unexpired terms.
Annually, upon the qualification of the member or members
appointed in that year, the board shall organize by selecting
from its members a president and secretary. Each section of the
board shall organize by selecting from its members a chairman
chairperson and
secretary.
The majority of the members of the board constitutes a
quorum to transact and vote on the business of the board. A
majority of the members of each section constitutes a quorum to
transact and vote on the affairs of that section.
Each member of
the board and each additional member of the physical therapy section shall
receive an amount fixed pursuant to division (J)
of section 124.15 of the Revised Code for each day employed in
the discharge of his official duties. In addition, each member
of the
board and each additional member of the physical therapy section shall receive
his the member's actual and necessary expenses incurred in
the performance of his official duties.
The board of trustees of the Ohio occupational therapy
association, inc., may recommend, after any term expires or
vacancy occurs in an occupational therapy position, at least
three persons to fill each such position or vacancy on the board,
and the governor may make his the appointment from the persons
so
recommended. The executive board of the Ohio chapter, inc., of
the American physical therapy association may recommend, after
any term expires or vacancy occurs in a physical therapy
position, at least three persons to fill each such vacancy on the
board, and the governor may make his appointments from the
persons so recommended. The Ohio athletic trainers association
shall recommend to the governor at least three persons for each
of the initial appointments to an athletic trainer's position.
The Ohio athletic trainers association shall also recommend to
the governor at least three persons when any term expires or any
vacancy occurs in such a position. The governor may select one
of the association's recommendations in making such an
appointment.
The board shall meet as a whole to determine all
administrative, personnel, and budgetary matters. The executive
director of the board appointed by the board shall not be a
physical therapist, an occupational therapist, or an athletic
trainer who has been licensed to practice physical therapy,
occupational therapy, or as an athletic trainer in this state
within three years immediately preceding appointment. The
executive director shall serve at the pleasure of the board.
The occupational therapy section of the board shall have
the full authority to act on behalf of the board on all matters
concerning the practice of occupational therapy and, in
particular, the examination, licensure, and suspension or
revocation of licensure of applicants, occupational therapists,
and occupational therapy assistants. The physical therapy
section of the board shall have the full authority to act on
behalf of the board on all matters concerning the practice of
physical therapy and, in particular, the examination, licensure,
and suspension or revocation of licensure of applicants, physical
therapists, and physical therapist assistants. The athletic
trainers section of the board shall have the full authority to
act on behalf of the board on all matters concerning the practice
of athletic training and, in particular, the examination,
licensure, and suspension or revocation of licensure of
applicants and athletic trainers. All actions taken by any
section of the board under this paragraph shall be in accordance
with Chapter 119. of the Revised Code.
Sec. 4755.48. (A) No person shall employ fraud or
deception
in applying for or securing a license to practice
physical therapy
or to be a physical therapist assistant.
(B) No person shall practice or in any way
claim to the
public to be able to practice physical therapy, including
practice
as a physical therapist assistant, unless the person
holds a
valid
license under sections 4755.40 to 4755.56 of the
Revised
Code or
except as provided in section 4755.56 of the Revised
Code.
(C) No person shall use the words or letters, physical
therapist, physical therapy, physiotherapist, licensed physical
therapist, P.T., Ph.T., P.T.T., R.P.T., L.P.T., M.P.T., D.P.T., M.S.P.T., P.T.A., physical therapy
assistant, physical therapist assistant, physical therapy
technician, licensed physical therapist assistant, L.P.T.A.,
R.P.T.A., or any other letters, words, abbreviations, or
insignia,
indicating or implying that the person is a
physical therapist
or
physical therapist assistant without a valid license under
sections 4755.40 to 4755.56 of the Revised Code.
(D) No person who practices physical therapy or assists in
the provision of physical therapy treatments under the
supervision
of a physical therapist shall fail to display the
person's
current
license granted under sections 4755.40 to
4755.56 of the
Revised
Code in a conspicuous location in the place where the
person
spends the major part of the person's time so engaged.
(E) Nothing in sections 4755.40 to 4755.56 of the
Revised
Code shall affect or interfere with the performance of the duties
of any physical therapist or physical therapist assistant in
active service in the army, navy, coast guard, marine corps, air
force, public health service, or marine hospital service of the
United States, while so serving.
(F)
No person shall practice physical therapy other than
on
the prescription of, or the referral of a patient by, a person
who
is licensed in this or another state to practice medicine and
surgery, chiropractic, dentistry, osteopathic medicine and
surgery,
podiatric medicine and surgery, or to practice nursing as a certified registered nurse anesthetist, clinical nurse specialist, certified nurse-midwife, or certified nurse practitioner, within the scope of such practices, and
whose license is in good standing, unless either of the following conditions is met:
(1) The person holds a master's or doctorate degree from a professional physical therapy program that is accredited by a national accreditation agency recognized by the United States department of education and by the Ohio occupational therapy, physical therapy, and athletic trainers board.
(2) On or before December 31, 2003 2004, the person has completed at least two years of practical experience as a licensed physical therapist.
(G) In the prosecution of any person for violation of
division (B) or (C) of this section, it is not necessary to
allege
or prove want of a valid license to practice physical
therapy or
to practice as a physical therapist assistant, but
such matters
shall be a matter of defense to be established by
the accused.
Sec. 4766.09. (A) This chapter does not
apply to any of the
following:
(A)(1) A person rendering services with an ambulance in the
event of a disaster situation when licensees' vehicles based in
the locality of the disaster situation are incapacitated or
insufficient in number to render the services needed;
(B)(2) Any person operating an ambulance, ambulette, rotorcraft air
ambulance, or fixed wing air ambulance outside this state
unless
receiving a person within this state for transport to a
location
within this state;
(C)(3) A publicly owned or operated emergency medical service
organization and the vehicles it owns or leases and operates,
except as provided in section 307.051, division (G) of section
307.055, division (F) of section 505.37, division (B) of
section
505.375, and division (B)(3)
of section 505.72 of the Revised
Code;
(D)(4) An ambulance, ambulette, rotorcraft air ambulance, fixed wing air
ambulance, or nontransport vehicle
owned or leased and operated by
the federal government;
(E)(5) A publicly owned and operated fire department vehicle;
(F)(6) Emergency vehicles owned by a corporation and
operating
only on the corporation's premises, for the sole use by
that
corporation;
(G)(7) An ambulance, nontransport vehicle,
or other emergency
medical service organization
vehicle owned and operated by a
municipal corporation;
(H)(8) A motor vehicle titled in the name of a
volunteer rescue
service organization, as defined in section 4503.172 of the
Revised
Code;
(I)(9) A
public emergency medical service
organization;
(J)(10) A fire department,
rescue squad, or life squad comprised
of
volunteers who provide
services without expectation of
remuneration and do not receive
payment for services other than
reimbursement for expenses;
(K)(11) A private,
nonprofit emergency medical service
organization when fifty per
cent or more of its personnel are
volunteers, as defined in section 4765.01 of the Revised Code;
(L)(12) Emergency medical service personnel who are regulated by the state board of emergency medical services under Chapter 4765. of the Revised Code;
(M)(13) A public nonemergency medical service organization.
(B) Except for the requirements specified in section 4766.14 of the Revised Code, this chapter does not apply to an ambulette service provider operating under standards adopted by rule by the department of aging, but only during the period of time on any day that the provider is solely serving the department or the department's designee. This chapter applies to an ambulette service provider at any time that the ambulette service provider is not solely serving the department or the department's designee.
Sec. 4766.14. (A) An ambulette service provider described in division (B) of section 4766.09 of the Revised Code shall do all of the following:
(1) Make available to all its ambulette drivers while operating ambulette vehicles a means of two-way communication using either ambulette vehicle radios or cellular telephones;
(2) Equip every ambulette vehicle with one isolation and biohazard disposal kit that is permanently installed or secured in the vehicle's cabin;
(3) Before hiring an applicant for employment as an ambulette driver, obtain all of the following:
(a) A valid copy of a signed statement from a licensed physician acting within the scope of the physician's practice declaring that the applicant does not have a medical condition or physical condition, including vision impairment that cannot be corrected, that could interfere with safe driving, passenger assistance, and emergency treatment activity or could jeopardize the health and welfare of a client or the general public;
(b) All of the certificates and results required under divisions (A)(2), (3), and (4) of section 4766.15 of the Revised Code.
(B) No ambulette service provider described in division (B) of section 4766.09 of the Revised Code shall employ an applicant as an ambulette driver if the applicant has six or more points on the applicant's driving record pursuant to section 4510.036 of the Revised Code.
(C) The department of aging shall administer and enforce this section.
Sec. 4905.10. (A) For the sole purpose of maintaining and
administering the public utilities commission and exercising its
supervision and jurisdiction over the railroads and public
utilities of
this state, an amount equivalent to the
appropriation
from the public utilities fund created under
division (B) of this
section to the public utilities commission
for
railroad and public utilities regulation in each
fiscal year
shall be apportioned among
and assessed against each railroad and
public
utility within
this state by the commission by first
computing an assessment as
though it were to be made in proportion
to the intrastate gross
earnings or receipts, excluding earnings
or receipts from sales
to other public utilities for resale, of
the railroad
or public
utility for the calendar year next
preceding that in
which the
assessment is made. The commission
may
include in that first computation any amount of
a railroad's
or public utility's intrastate gross earnings or receipts
that
were underreported in a prior year. In addition to whatever
penalties apply under the Revised Code to such
underreporting, the
commission shall assess the railroad or public utility interest at
the
rate stated in division (A) of section 1343.01 of the
Revised
Code. The
commission shall deposit any interest so collected into
the public
utilities fund. The commission may exclude from that first computation any such amounts that were overreported in a prior year.
The
final computation of
the assessment
shall consist of
imposing upon each railroad and public utility
whose assessment
under the first computation would have been
fifty one hundred dollars or less
an assessment of fifty one hundred dollars and
recomputing the assessments of
the remaining
railroads and public
utilities by apportioning an
amount equal to the appropriation to
the public utilities
commission for administration of the
utilities division in each
fiscal year less the total amount to
be recovered from those
paying the minimum assessment, in
proportion to the intrastate
gross earnings or receipts of the
remaining railroads and public
utilities for the calendar year
next preceding that in which the
assessments are made.
In the case of an assessment based on intrastate gross
receipts
under this section against a public utility that is an
electric
utility as defined in section 4928.01 of the Revised
Code, or an electric
services company,
electric cooperative, or
governmental aggregator subject to certification under section
4928.08 of the Revised Code, such receipts shall be those
specified in the utility's, company's, cooperative's, or
aggregator's most
recent report of intrastate gross receipts and
sales of kilowatt hours of
electricity, filed with the commission
pursuant to division (F) of
section 4928.06 of the Revised Code,
and verified by the
commission.
In the case of an assessment based on intrastate gross
receipts under this section against a retail natural gas supplier
or governmental aggregator subject to certification under section
4929.20 of the Revised Code, such receipts shall be those
specified in the supplier's or aggregator's most recent report of
intrastate gross receipts and sales of hundred cubic feet of
natural gas, filed with the commission pursuant to division (B) of
section 4929.23 of the Revised Code, and verified by the
commission. However, no such retail natural gas supplier or such
governmental aggregator serving or proposing to serve customers of
a particular natural gas company, as defined in section 4929.01 of
the Revised Code, shall be assessed under this section until
after
the commission, pursuant to section
4905.26 or 4909.18 of
the
Revised Code, has removed from the base
rates of the natural
gas
company the amount of assessment under
this
section that is
attributable to the value of commodity sales service, as defined
in section 4929.01 of the Revised Code, in
the
base rates paid by
those customers of the company that do not purchase
that service
from the natural gas company.
(B) On Through calendar year 2005, on or before the first day of October in each year,
the
commission shall notify each such railroad and public utility
of
the sum assessed against it, whereupon payment shall be made
to
the commission, which shall deposit it into the state treasury
to
the credit of the public utilities
fund, which is hereby created. Beginning in calendar year 2006, on or before the fifteenth day of May in each year, the commission shall notify each railroad and public utility that had a sum assessed against it for the current fiscal year of more than one thousand dollars that fifty per cent of that amount shall be paid to the commission by the twentieth day of June of that year as an initial payment of the assessment against the company for the next fiscal year. On or before the first day of October in each year, the commission shall make a final determination of the sum of the assessment against each railroad and public utility and shall notify each railroad and public utility of the sum assessed against it. The commission shall deduct from the assessment for each railroad or public utility any initial payment received. Payment of the assessment shall be made to the commission by the first day of November of that year. The commission shall deposit the payments received into the state treasury to the credit of the public utilities fund.
Any such amounts paid
into the fund but not expended by the
commission shall be credited ratably, after first deducting any
deficits accumulated from prior years, by the commission to
railroads and public utilities that pay more than the minimum
assessment, according to the respective portions of such sum
assessable against them for the ensuing calendar fiscal year. The
assessments for such calendar fiscal year shall be reduced
correspondingly.
(C) Within five days after the beginning of each fiscal
year through fiscal year 2006,
the director of budget and management shall transfer from
the
general revenue fund to the public utilities fund an amount
sufficient for maintaining and administering the public
utilities
commission and exercising its supervision and
jurisdiction over
the railroads and public utilities of the
state during the first
four months of the fiscal year. The director shall
transfer the
same amount back to the general revenue
fund from the public
utilities fund at such time as the
director determines that the
balance of the public utilities
fund is sufficient to support the
appropriations from the fund
for the fiscal year. The director
may transfer less than that
amount if the director determines that
the revenues of the
public utilities fund during the fiscal year
will be
insufficient to support the appropriations from the fund
for the
fiscal year, in which case the amount not paid back to the
general revenue fund shall be payable to the general revenue
fund
in future fiscal years.
(D) For the purpose of this section only,
"public
utility"
includes:
(1) In addition to an
electric utility as defined in section
4928.01 of the Revised Code, an electric services
company, an
electric cooperative, or a
governmental aggregator subject to
certification under section 4928.08
of the
Revised Code, to the
extent of the company's, cooperative's,
or aggregator's
engagement
in the business of supplying or arranging
for the supply in this
state of any retail electric service for which it must
be so
certified;
(2) In addition to a natural gas company as defined in
section 4929.01 of the Revised Code, a retail natural gas supplier
or governmental aggregator subject to certification under section
4929.20 of the Revised Code, to the extent of the supplier's or
aggregator's engagement in the business of supplying or arranging
for the supply in this state of any competitive retail natural gas
service for which it must be certified.
(E) Each public utilities commissioner shall receive a
salary fixed at the level set by pay range 49 under schedule E-2
of section 124.152 of the Revised Code.
Sec. 4905.261. The public utilities commission shall operate a telephone call center for consumer complaints, to receive complaints by any person, firm, or corporation against any public utility. The commission shall expeditiously provide the consumers' counsel with all information concerning residential consumer complaints received by the commission in the operation of the telephone call center and with any materials produced in the operation of the telephone call center by the commission concerning residential consumer complaints. If technology is reasonably available, the commission shall provide the consumers' counsel with real-time access to the commission's residential consumer complaint information.
Sec. 4905.54. Every public utility or railroad and every officer of a public
utility or railroad shall comply with every order, direction, and requirement
of the public utilities commission made under authority of this chapter and
Chapters 4901., 4903., 4907., 4909., 4921., and 4923. of the Revised Code, so
long as they remain in force. Except as otherwise specifically provided in
sections 4905.83, 4905.95, 4919.99,
4921.99, and 4923.99 of the Revised Code, the public utilities commission may assess a forfeiture of not more than ten thousand dollars for each violation or failure against a
public
utility or railroad that violates a provision of those
chapters or that after due notice fails to comply with an
order, direction, or requirement of the commission that was
officially promulgated shall forfeit to the state not more than one
thousand dollars for each such violation or failure. Each day's continuance
of
the violation or failure is a separate offense. All forfeitures collected under this section shall be credited to the general revenue fund.
Sec. 4905.95. (A) Except as otherwise provided in
division (C) of this section:
(1) The public utilities commission, regarding any
proceeding under this section, shall provide reasonable notice
and the opportunity for a hearing in accordance with rules
adopted under section 4901.13 of the Revised Code.
(2) Sections 4903.02 to 4903.082, 4903.09 to 4903.16, and
4903.20 to 4903.23 of the Revised Code apply to all proceedings
and orders of the commission under this section and to all
operators subject to those proceedings and orders.
(B) If, pursuant to a proceeding it specially initiates or
to any other proceeding and after the hearing provided for under
division (A) of this section, the commission finds that:
(1) An operator has violated or failed to comply with, or
is violating or failing to comply with, sections 4905.90 to
4905.96 of the Revised Code or the pipe-line safety code, the
commission by order:
(a) Shall require the operator to comply and to undertake
corrective action necessary to protect the public safety;
(b) May assess upon the operator forfeitures of not more
than ten one hundred thousand dollars for each day of each violation or
noncompliance, except that the aggregate of such forfeitures
shall not exceed five hundred thousand dollars for any related
series of violations or noncompliances. In determining the
amount of any such forfeiture, the commission shall consider all
of the following:
(i) The gravity of the violation or noncompliance;
(ii) The operator's history of prior violations or
noncompliances;
(iii) The operator's good faith efforts to comply and
undertake corrective action;
(iv) The operator's ability to pay the forfeiture;
(v) The effect of the forfeiture on the operator's ability
to continue as an operator;
(vi) Such other matters as justice may require.
All forfeitures collected under this division or section 4905.96
of the Revised Code shall be deposited in the state treasury to
the credit of the general revenue fund.
(c) May direct the attorney general to seek the remedies
provided in section 4905.96 of the Revised Code.
(2) An intrastate pipe-line transportation facility is
hazardous to life or property, the commission by order:
(a) Shall require the operator of the facility to take
corrective action to remove the hazard. Such corrective action
may include suspended or restricted use of the facility, physical
inspection, testing, repair, replacement, or other action.
(b) May direct the attorney general to seek the remedies
provided in section 4905.96 of the Revised Code.
(C) If, pursuant to a proceeding it specially initiates or
to any other proceeding, the commission finds that an emergency
exists due to a condition on an intrastate pipe-line
transportation facility posing a clear and immediate danger to
life or health or threatening a significant loss of property and
requiring immediate corrective action to protect the public
safety, the commission may issue, without notice or prior
hearing, an order reciting its finding and may direct the
attorney general to seek the remedies provided in section 4905.96
of the Revised Code. The order shall remain in effect for not
more than forty days after the date of its issuance. The order
shall provide for a hearing as soon as possible, but not later
than thirty days after the date of its issuance. After the
hearing the commission shall continue, revoke, or modify the
order and may make findings under and seek appropriate remedies
as provided in division (B) of this section.
Sec. 4911.021. The consumers' counsel shall not operate a telephone call center for consumer complaints. Any calls received by the consumers' counsel concerning consumer complaints shall be forwarded to the public utilities commission's call center.
Sec. 4911.18. (A) For the sole purpose of maintaining and
administering the office of the consumers' counsel and exercising
the powers of the consumers' counsel under this chapter, an
amount
equal to the appropriation to the office of the consumers'
counsel
in each fiscal year shall be apportioned among and
assessed
against each public utility
within
this state, as
defined in
section 4911.01 of the Revised Code, by first
computing an
assessment as though it were to be made in
proportion to the
intrastate gross earnings or receipts of the
public utility for
the calendar year next
preceding that in which the assessment is
made, excluding
earnings or
receipts from sales to other public
utilities for resale. The office
may include in that first
computation any amount of a
public utility's intrastate gross
earnings or receipts
underreported in a prior year. In addition
to whatever penalties apply
under the Revised Code to such
underreporting, the office
shall assess the public utility
interest at the rate stated
in
division (A) of section 1343.01 of
the Revised
Code. The office shall
deposit any interest so
collected into the consumers' counsel operating
fund. The office may exclude from that first computation any such amounts that were over-reported in a prior year.
The final computation of the assessment shall consist of
imposing upon each public utility whose assessment under
the first
computation would have been fifty one hundred dollars or less an assessment
of
fifty one hundred dollars and recomputing the assessment of the remaining
companies by apportioning an amount equal to the appropriation to
the office of consumers' counsel in each fiscal year less the
total amount to be recovered from those paying the minimum
assessment, in proportion to the intrastate gross earnings or
receipts of the remaining companies for the calendar year next
preceding that in which the assessments are made, excluding
earnings or receipts from sales to other public utilities for
resale.
In the case of an assessment based on intrastate gross
receipts
under this section against a public utility that is an
electric utility as
defined in section 4928.01 of the Revised
Code,
or an electric services company, electric cooperative, or
governmental
aggregator subject to certification under section
4928.08 of the
Revised
Code, such receipts shall be those
specified in the utility's,
company's, cooperative's, or
aggregator's most recent report of intrastate
gross receipts and
sales
of kilowatt hours of electricity, filed with the public
utilities
commission pursuant to division (F) of section 4928.06
of the
Revised Code, and verified by the commission.
In the case of an assessment based on intrastate gross
receipts under this section against a retail natural gas supplier
or governmental aggregator subject to certification under section
4929.20 of the Revised Code, such receipts shall be those
specified in the supplier's or aggregator's most recent report of
intrastate gross receipts and sales of hundred cubic feet of
natural gas, filed with the commission pursuant to division (B) of
section 4929.23 of the Revised Code, and verified by the
commission. However, no such retail natural gas supplier or such
governmental aggregator serving or proposing to serve customers of
a particular natural gas company, as defined in section 4929.01 of
the Revised Code, shall be assessed under this section until
after
the commission, pursuant to section
4905.26 or 4909.18 of
the
Revised Code, has removed from the base
rates of the natural
gas
company the amount of assessment under
this
section that is
attributable to the value of commodity sales service, as defined
in section 4929.01 of the Revised Code, in
the
base rates paid by
those customers of the company that do not purchase
that service
from the natural gas company.
(B) On Through calendar year 2005, on or before the first day of October in each year, the
office of consumers' counsel shall notify each public utility
of
the sum
assessed against it, whereupon payment shall be made to
the
counsel, who shall deposit it into the state treasury to the
credit of the
consumers' counsel operating fund, which is hereby
created. Beginning in calendar year 2006, on or before the fifteenth day of May in each year, the consumers' counsel shall notify each public utility that had a sum assessed against it for the current fiscal year of more than one thousand dollars that fifty per cent of that amount shall be paid to the consumers' counsel by the twentieth day of June of that year as an initial payment of the assessment against the company for the next fiscal year. On or before the first day of October in each year, the consumers' counsel shall make a final determination of the sum of the assessment against each public utility and shall notify each public utility of the sum assessed against it. The consumers' counsel shall deduct from the assessment for each public utility any initial payment received. Payment of the assessment shall be made to the consumers' counsel by the first day of November of that year. The consumers' counsel shall deposit the payments received into the state treasury to the credit of the consumers' counsel operating fund. Any such amounts paid into
the fund but not expended by
the
office shall be credited ratably by the office to the public
utilities that pay more than the minimum
assessment, according
to
the respective portions of such sum assessable against them
for
the ensuing calendar fiscal year, after first deducting any deficits
accumulated from prior years. The assessments for such calendar
fiscal year shall be reduced correspondingly.
(C) Within five days after the beginning of each fiscal
year through fiscal year 2006,
the director of budget and management shall transfer from
the
general revenue fund to the consumers' counsel operating fund
an
amount sufficient for maintaining and administering the office
of the consumers' counsel and exercising the powers of the
consumers' counsel under this chapter during the first four
months
of the fiscal year. Not later than the thirty-first day
of
December of the fiscal year,
the same amount shall be transferred
back to the general revenue
fund from the consumers' counsel
operating fund.
(D) As used in this section,
"public utility" includes:
(1) In
addition to an electric utility as defined in section
4928.01 of the Revised
Code, an electric services
company, an
electric cooperative, or a governmental aggregator subject to
certification under section 4928.08 of the Revised Code, to
the
extent of the company's, cooperative's, or aggregator's engagement
in the
business of supplying or arranging for the supply in this
state of any retail
electric service for which it must be so
certified;
(2) In addition to a natural gas company as defined in
section 4929.01 of the Revised Code, a retail natural gas supplier
or governmental aggregator subject to certification under section
4929.20 of the Revised Code, to the extent of the supplier's or
aggregator's engagement in the business of supplying or arranging
for the supply in this state of any competitive retail natural gas
service for which it must be certified.
Sec. 4973.171. (A) As used in this section,
"felony"
has
the same meaning as in section 109.511 of the Revised Code.
(B)(1) The governor secretary of state shall not appoint or
commission a person
as a police officer for a railroad company
under division (B) of
section 4973.17 of the
Revised Code and shall not appoint or
commission
a person as a police officer for a hospital under
division
(D) of section 4973.17 of the Revised
Code on a permanent
basis, on a temporary basis, for a
probationary term, or on other
than a permanent basis if the
person previously has been convicted
of or has pleaded guilty to
a felony.
(2)(a) The governor secretary of state shall revoke the
appointment or
commission of a person appointed or commissioned
as a police
officer for a railroad company or as a police officer
for a
hospital under division (B) or (D) of
section 4973.17 of the
Revised Code if that
person does either of the following:
(i) Pleads guilty to a felony;
(ii) Pleads guilty to a misdemeanor pursuant to a
negotiated
plea agreement as provided in division (D) of
section
2929.43 of the Revised Code in which the
person agrees to
surrender the certificate awarded to that
person under section
109.77 of the Revised Code.
(b) The governor secretary of state shall suspend the appointment
or commission
of a person appointed or commissioned as a police
officer for a
railroad company or as a police officer for a
hospital under
division (B) or (D) of section
4973.17 of the Revised Code if that
person is
convicted, after trial, of a felony. If the person
files an appeal from that conviction and the conviction is upheld
by the
highest court to which the
appeal is taken or if the person
does not file a timely appeal,
the governor secretary of state shall revoke the
appointment or commission of that
person as a police officer for a
railroad company or as a police
officer for a hospital. If the
person files an appeal that
results in that person's acquittal of
the felony or
conviction of a misdemeanor, or in
the dismissal of
the felony charge against that person, the
governor secretary of state shall
reinstate the appointment or commission of that
person as a police
officer for a railroad company or as a police
officer for a
hospital. A person whose appointment or commission
is reinstated
under division (B)(2)(b) of
this section shall not receive any
back pay unless that person's conviction
of the felony was
reversed on appeal, or the
felony charge was dismissed, because
the court
found insufficient evidence to convict the person of the
felony.
(3) Division (B) of this section does not apply
regarding an
offense that was committed prior to
January 1, 1997.
(4) The suspension or revocation of the appointment or
commission of a
person as a police officer for a railroad company
or as a police officer for a
hospital under division (B)(2) of
this section shall be in accordance
with Chapter 119. of the
Revised Code.
(C)(1) A judge of a municipal court or county court that has territorial jurisdiction over an amusement park shall not appoint or commission a person as a police officer for the amusement park under division (E) of section 4973.17 of the Revised Code on a permanent basis, on a temporary basis, for a probationary term, or on other than a permanent basis if the person previously has been convicted of or has pleaded guilty to a felony.
(2) The judge shall revoke the appointment or commission of a person appointed or commissioned as a police officer for an amusement park under division (E) of section 4973.17 of the Revised Code if that person does either of the following:
(a) Pleads guilty to a felony;
(b) Pleads guilty to a misdemeanor pursuant to a negotiated plea agreement as provided in division (D) of section 2929.43 of the Revised Code in which the person agrees to surrender the certificate awarded to that person under section 109.77 of the Revised Code.
(3) The judge shall suspend the appointment or commission of a person appointed or commissioned as a police officer for an amusement park under division (E) of section 4973.17 of the Revised Code if that person is convicted, after trial, of a felony. If the person files an appeal from that conviction and that conviction is upheld by the highest court to which the appeal is taken or if the person does not file a timely appeal, the judge shall revoke the appointment or commission of that person as a police officer for an amusement park. If the person files an appeal that results in that person's acquittal of the felony or conviction of a misdemeanor or in the dismissal of the felony charge against that person, the judge shall reinstate the appointment or commission of that person as a police officer for an amusement park. A person whose appointment or commission is reinstated under division (C)(3) of this section shall not receive any back pay unless that person's conviction of the felony was reversed on appeal, or the felony charge was dismissed, because the court found insufficient evidence to convict the person of a felony.
(4) Division (C) of this section does not apply regarding an offense that was committed prior to January 1, 1997.
(5) The suspension or revocation of the appointment or commission of a person as a police officer for an amusement park under division (C)(2) of this section shall be in accordance with Chapter 119. of the Revised Code.
Sec. 5101.07. There is hereby created in the state treasury the support services federal operating fund. The fund shall consist of federal funds the department of job and family services receives and that the director of job and family services determines are appropriate for deposit into the fund. Money in the fund shall be used to pay the federal share of both of the following:
(A) The department's costs for computer projects;
(B) The operating costs of the parts of the department that provide general support services for the department's work units established under section 5101.06 of the Revised Code.
Sec. 5101.071. There is hereby created in the state treasury the support services state operating fund. The fund shall consist of payments made to the fund from other appropriation items by intrastate transfer voucher. Money in the fund shall be used to pay for both of the following:
(A) The department of job and family services' costs for computer projects;
(B) The operating costs of the parts of the department that provide general support services for the department's work units established under section 5101.06 of the Revised Code.
Sec. 5101.16. (A) As used in this section and sections
5101.161 and 5101.162 of the Revised Code:
(1)
"Disability financial assistance" means the financial
assistance program established under Chapter 5115. of the Revised Code.
(2)
"Disability medical assistance" means the medical assistance program established under Chapter 5115. of the Revised Code.
(3) "Food stamps" means the program administered by the
department
of job and family services pursuant to section 5101.54
of
the Revised Code.
(4)
"Medicaid" means the medical assistance program
established
by
Chapter 5111. of the Revised Code, excluding
transportation services provided
under that chapter.
(5)
"Ohio works first" means the program established by
Chapter 5107. of the Revised Code.
(6)
"Prevention, retention, and contingency" means the
program
established
by Chapter 5108. of the Revised Code.
(7)
"Public assistance expenditures" means expenditures for
all
of the following:
(b) County administration of
Ohio works first;
(c) Prevention, retention, and contingency;
(d) County administration of prevention, retention, and
contingency;
(e) Disability financial assistance;
(f) Disability medical assistance;
(g) County administration of disability financial assistance;
(h) County administration of disability medical assistance;
(i) County administration of food stamps;
(j) County administration of medicaid.
(8) "Title IV-A program" has the same meaning as in section 5101.80 of the Revised Code.
(B) Each board of county commissioners shall pay the county
share of public
assistance expenditures
in
accordance with section
5101.161
of the Revised Code. Except as provided in division (C)
of this
section,
a county's share of public assistance
expenditures is the sum of
all of the
following for state fiscal
year
1998 and each state fiscal year thereafter:
(1) The amount that is twenty-five per cent of the county's
total
expenditures
for disability financial assistance and disability medical assistance and county
administration of those programs during the state fiscal
year
ending in
the previous calendar year that the department of
job and
family services determines
are allowable.
(2) The
amount that is ten per cent, or
other percentage
determined under division (D) of this
section, of the county's
total expenditures for county
administration of food stamps and
medicaid during the state fiscal year ending in
the
previous
calendar year that the department
determines are allowable, less
the amount of federal reimbursement credited to
the county under
division (E) of this section for the
state fiscal year ending in
the previous calendar year;
(3) A percentage of the actual amount of the
county share of program and
administrative expenditures during
federal fiscal year 1994 for
assistance and services, other than
child care, provided
under Titles IV-A and IV-F of
the
"Social
Security Act," 49 Stat.
620 (1935), 42 U.S.C. 301, as those titles
existed prior to the enactment of the
"Personal
Responsibility and
Work Opportunity
Reconciliation Act of 1996," 110 Stat.
2105.
The department of job and family services shall determine the actual amount of the county share from expenditure reports submitted to the United States department of health and human services. The percentage shall be the percentage established in rules adopted under division (F) of this section.
(C)(1) If a county's share of public assistance
expenditures
determined under division (B) of
this section for a state fiscal
year exceeds one hundred ten
per cent of the county's share for
those expenditures for the
immediately preceding state fiscal
year, the department of job
and family services shall reduce the
county's share for expenditures under
divisions
(B)(1) and (2) of
this section so that the total of the county's
share for
expenditures under division (B) of this section equals one
hundred
ten per cent of the county's share of those
expenditures for the
immediately preceding state fiscal year.
(2) A county's share of public assistance expenditures
determined under division (B) of this section may be increased
pursuant to section 5101.163 of the Revised Code and a sanction under section 5101.24 of the Revised
Code. An increase made pursuant to section 5101.163 of the Revised Code may cause the county's share to exceed the limit established by division (C)(1) of this section.
(D)(1) If the per capita tax duplicate of
a county is less
than the per capita tax duplicate of the state as a whole and
division (D)(2) of this section does not apply to the
county, the
percentage to be used
for the purpose of division (B)(2) of this
section is the
product of ten multiplied by a fraction of
which
the numerator is the per capita tax duplicate of the county
and
the denominator is the per capita tax duplicate of the state
as a
whole. The department of job and family services
shall
compute
the per capita tax duplicate for the state and for each
county by
dividing the tax duplicate for the most recent
available year by
the current estimate of population prepared by
the department of
development.
(2) If the percentage of families in a county with an
annual
income of less than three thousand dollars is greater than
the
percentage of such families in the state and division
(D)(1) of
this section does not apply to the county,
the percentage to be
used for the
purpose of division (B)(2) of this section is the
product
of ten multiplied by a fraction of which the
numerator is
the percentage of families in the state with an
annual income of
less than three thousand dollars a year and the
denominator is the
percentage of such families in the county. The department
of job
and family services shall compute the percentage
of families with
an annual income of less than three thousand
dollars for the state
and for each
county by
multiplying the most recent estimate of
such families published
by the department of development, by a
fraction, the numerator of
which is the estimate of average annual
personal income published
by the bureau of economic analysis of
the United States
department of commerce for the year on which the
census estimate
is based and the denominator of which is the most
recent such
estimate published by the bureau.
(3) If the per capita tax duplicate of
a county is less than
the per capita tax duplicate of the state as a
whole and the
percentage of families in the county with an annual income of
less
than three thousand dollars is greater than the percentage of such
families in the state,
the percentage to be used for the purpose
of division
(B)(2) of this section shall be determined as
follows:
(a) Multiply ten by the fraction determined
under
division
(D)(1) of this section;
(b) Multiply the product determined under
division
(D)(3)(a)
of this section
by the fraction determined under division
(D)(2)
of this section.
(4) The department of job and family services shall
determine, for
each county,
the percentage to be used for the
purpose of division
(B)(2) of this section not later than the
first
day of July of the year preceding the state fiscal
year for
which the percentage is used.
(E) The department of job and family services shall
credit
to
a county the amount of federal reimbursement the department
receives from the
United States departments of agriculture and
health and human
services for the county's expenditures for
administration of food stamps
and medicaid that the
department
determines are allowable administrative
expenditures.
(F)(1) The director of job and
family services
shall adopt
rules in accordance
with section 111.15 of the
Revised Code
to
establish all of the following:
(a) The method the department is to use to
change
a
county's
share of public assistance expenditures
determined under division
(B) of this section
as provided in division (C) of this
section;
(b) The allocation methodology and formula the department
will
use to determine the amount of funds to credit to a county
under
this section;
(c) The method the department will use to change the payment
of the county share of public assistance expenditures from a
calendar-year basis to a state fiscal year basis;
(d) The percentage to be used for the purpose of division (B)(3) of this section, which shall, except as provided in section 5101.163 of the Revised Code, meet both of the following requirements:
(i) The percentage shall not be less than seventy-five per cent nor more than eighty-two per cent;
(ii) The percentage shall not exceed the percentage that the state's qualified state expenditures is of the state's historic state expenditures as those terms are defined in 42 U.S.C. 609(a)(7).
(e) Other procedures and requirements necessary to implement
this section.
(2) The director of job and family services may amend the rule adopted under division (F)(1)(d) of this section to modify the percentage on determination that the amount the general assembly appropriates for Title IV-A programs makes the modification necessary. The rule shall be adopted and amended as if an internal management rule and in consultation with the director of budget and management.
Sec. 5101.163. As used in this section, "maintenance of effort" means qualified state expenditures as defined in 42 U.S.C. 609(a)(7)(B)(i).
The department of job and family services may increase a county's share of public assistance expenditures determined under division (B) of section 5101.16 of the Revised Code if the United States secretary of health and human services requires an increase in the state's maintenance of effort because of one or more failures, resulting from the actions or inactions of one or more county family services agencies, to meet a requirement under Title IV-A of the "Social Security Act," 110 Stat. 2113 (1996), 42 U.S.C. 601, as amended. The department may so increase a county's share of public assistance expenditures only to the amount the county's county family services agencies are responsible for the increase in the state's maintenance of effort as determined pursuant to rules the director of job and family services shall adopt under section 111.15 of the Revised Code. The department is not required to make the increase in accordance with section 5101.24 of the Revised Code.
Sec. 5101.181. (A) As used in this section and section 5101.182 of the
Revised Code, "public assistance" includes, in addition to Ohio
works first, all of the following:
(1) Prevention, retention, and
contingency;
(3) Disability financial
assistance;
(4) Disability medical assistance provided before October 1, 2005, under former Chapter 5115. of the Revised Code;
(5) General assistance provided
prior to July
17, 1995, under former Chapter 5113. of
the Revised Code.
(B) As part of the procedure for the
determination of overpayment to a recipient of public assistance
under Chapter 5107., 5108., 5111., or 5115. of the Revised Code,
the director of job and family services shall furnish quarterly the name
and social security number of each individual who receives public
assistance to the director of administrative services, the
administrator of the bureau of workers' compensation, and each of
the state's retirement boards. Within fourteen days after
receiving the name and social security number of an individual
who receives public assistance, the director of administrative
services, administrator, or board shall inform the auditor of
state as to whether such individual is receiving wages or
benefits, the amount of any wages or benefits being received, the
social security number, and the address of the individual. The
director of administrative services, administrator, boards, and
any agent or employee of those officials and boards shall comply
with the rules of the director of job
and family services restricting the disclosure of information regarding
recipients of public
assistance. Any person who violates this provision shall
thereafter be disqualified from acting as an agent or employee or
in any other capacity under appointment or employment of any
state board, commission, or agency.
(C) The auditor of state may enter into a reciprocal
agreement with the director of job and family services or
comparable
officer of any other state for the exchange of names, current or
most recent addresses, or social security numbers of persons
receiving public assistance under Title
IV-A or under
Title XIX of the "Social Security Act," 49 Stat. 620 (1935), 42
U.S.C. 301, as amended.
(D)(1) The auditor of state shall retain, for not less than two years, at
least one copy of all information
received under this section and sections 145.27, 742.41,
3307.20, 3309.22, 4123.27, 5101.182, and 5505.04 of
the Revised
Code. The auditor shall review the information to determine whether
overpayments were made to recipients of
public assistance under Chapters 5107., 5108., 5111., and 5115.
of the Revised Code. The auditor of state
shall initiate action leading to prosecution, where warranted, of
recipients who received overpayments by forwarding the name of
each recipient who received overpayment, together with other
pertinent information, to the director of job and family
services and the
attorney general, to the district director of job and
family services of
the district through which public assistance was received, and to
the county director of job and family services and county
prosecutor of
the county through which public assistance was received.
(2) The auditor of state and the attorney general or their
designees may examine any records, whether in computer or printed
format, in the possession of the director of job and
family services or
any county director of job and family services. They
shall provide
safeguards which restrict access to such records to purposes
directly connected with an audit or investigation, prosecution,
or criminal or civil proceeding conducted in connection with the
administration of the programs and shall comply with the rules of
the director of job and family
services restricting the disclosure of
information regarding recipients of public assistance. Any
person who violates this provision shall thereafter be
disqualified from acting as an agent or employee or in any other
capacity under appointment or employment of any state board,
commission, or agency.
(3) Costs incurred by the auditor of state in carrying out
the auditor of state's duties under this division shall be
borne by
the auditor of state.
Sec. 5101.184. (A) The director of job and family services
shall
work with the tax commissioner to collect overpayments of
assistance under Chapter 5107., 5111., or 5115., former Chapter
5113., or
section 5101.54
of the Revised Code
from refunds of
state income taxes for taxable year 1992 and
thereafter that are
payable to the recipients of such
overpayments.
Any overpayment of assistance, whether obtained by fraud or
misrepresentation, as the result of an error by the recipient or
by the agency making the payment, or in any other manner, may be
collected under this section. Any reduction under section
5747.12
or 5747.121 of the Revised Code to an income tax refund
shall be
made before a reduction under this section. No
reduction shall be
made under this section if the amount of the
refund is less than
twenty-five dollars after any reduction under
section 5747.12 of
the Revised Code. A reduction under this
section shall be made
before any part of the refund is
contributed under section
5747.113 of the Revised Code to the
natural areas and preserves
fund or the nongame and endangered
wildlife fund, or is credited
under section 5747.12 of the
Revised Code against tax due in any
subsequent year.
The director and the tax commissioner, by rules adopted in
accordance with Chapter 119. of the Revised Code, shall establish
procedures to implement this division. The procedures shall
provide for notice to a recipient of assistance and an
opportunity
for the recipient to be heard before
the recipient's income tax
refund is
reduced.
(B) The director of job and family services may enter
into
agreements with the federal government to collect overpayments of
assistance from refunds of federal income taxes that are payable
to recipients of the overpayments.
Sec. 5101.21. (A) As used in this section, "county signer" means all of the following:
(1) A board of county commissioners;
(2) A county children services board appointed under section 5153.03 of the Revised Code if required by division (B) of this section to enter into a fiscal agreement;
(3) A county elected official that is a child support enforcement agency if required by division (B) of this section to enter into a fiscal agreement.
(B) The director of job and family services may enter
into one or more written fiscal agreements with boards of county commissioners under which financial assistance is awarded for family services duties included in the agreements. Boards of county commissioners shall select which family services duties to include in a fiscal agreement. If a board of county commissioners elects to include family services duties of a public children services agency and a county children services board appointed under section 5153.03 of the Revised Code serves as the county's public children services agency, the board of county commissioners and county children services board shall jointly enter into the fiscal agreement with the director. If a board of county commissioners elects to include family services duties of a child support enforcement agency and the entity designated under former section 2301.35 of the Revised Code prior to October 1, 1997, or designated under section 307.981 of the Revised Code as the county's child support enforcement agency is an elected official of the county, the board of county commissioners and county elected official shall jointly enter into the fiscal agreement with the director. A fiscal agreement shall do all of the following:
(1) Specify the family services duties included in the agreement and the private and government entities designated under section 307.981 of the Revised Code to serve as the county family services agencies performing the family services duties;
(2) Provide for the department of job and family services to award financial assistance for the family services duties included in the agreement in accordance with a methodology for determining the amount of the award established by rules adopted under division (D) of this section;
(3) Specify the form of the award of financial assistance which may be an allocation, cash draw, reimbursement, property, or, to the extent authorized by an appropriation made by the general assembly and to the extent practicable and not in conflict with a federal or state law, a consolidated funding allocation for two or more family services duties included in the agreement;
(4) Provide that the award of financial assistance is subject to the availability of federal funds and appropriations made by the general assembly;
(5) Specify annual financial, administrative, or other incentive
awards, if any, to be provided in accordance with section
5101.23 of the Revised
Code;
(6) Include the assurance of each county signer that the county signer will do all of the following:
(a) Ensure that the financial assistance awarded under the agreement is used, and the family services duties included in the agreement are performed, in accordance with requirements for the duties established by the department, a federal or state law, or any of the following that concern the family services duties included in the fiscal agreement and are published under section 5101.212 of the Revised Code: state plans for receipt of federal financial participation, grant agreements between the department and a federal agency, and executive orders issued by the governor;
(b) Ensure that the board and county family services agencies utilize a financial management system and other accountability mechanisms for the financial assistance awarded under the agreement that meet requirements the department establishes;
(c) Require the county family services agencies to do both of the following:
(i) Monitor all private and government entities that receive a payment from financial assistance awarded under the agreement to ensure that each entity uses the payment in accordance with requirements for the family services duties included in the agreement;
(ii) Take action to recover payments that are not used in accordance with the requirements for the family services duties included in the agreement.
(d) Require county family services agencies to promptly reimburse the department the amount that represents the amount an agency is responsible for, pursuant to action the department takes under division (C) of section 5101.24 of the Revised Code, of funds the department pays to any entity because of an adverse audit finding, adverse quality control finding, final disallowance of federal financial participation, or other sanction or penalty;
(e) Require county family services agencies to take prompt corrective action, including paying amounts resulting from an adverse finding, sanction, or penalty, if the department, auditor of state, federal agency, or other entity authorized by federal or state law to determine compliance with requirements for a family services duty included in the agreement determines compliance has not been achieved;
(f) If the department establishes a consolidated funding allocation for two or more family services duties included in the agreement, require the county family services agencies to use funds available in the consolidated funding allocation only for the purpose for which the funds are appropriated.
(7) Provide for the department taking action pursuant to division
(C) of section 5101.24 of the Revised Code if authorized by division
(B)(1), (2), (3), or (4) of
that
section;
(8) Provide for timely audits required by federal
and state law and require prompt release of audit
findings and prompt action to correct problems identified in an
audit;
(9) Comply with all of the requirements for the family services duties that are included in the agreement and have been established by the department, federal or state law, or any of the following that concern the family services duties included in the fiscal agreement and are published under section 5101.212 of the Revised Code: state plans for receipt of federal financial participation, grant agreements between the department and a federal agency, and executive orders issued by the governor;
(10) Provide for dispute resolution procedures in accordance with section 5101.24 of the Revised Code;
(11) Establish the method of amending or terminating the agreement
and an expedited process for correcting terms or conditions of
the agreement that the director and each county signer agree
are
erroneous;
(12) Except as provided in rules adopted under division (D) of this section, begin on the first day of July of an odd-numbered year and end on the last day of June of the next odd-numbered year.
(C) The department
shall make payments authorized by a fiscal agreement on vouchers it
prepares and may
include any funds appropriated or allocated to it for carrying
out family services duties included in the agreement, including funds for personal
services and maintenance.
(D)(1) The director shall adopt rules in accordance with section 111.15 of the Revised Code governing fiscal agreements. The director shall adopt the rules as if they were internal management rules. Before adopting the rules, the director shall give the public an opportunity to review and comment on the proposed rules. The rules shall establish methodologies to be used to determine the amount of financial assistance to be awarded under the agreements. The rules also shall establish terms and conditions under which an agreement may be entered into after the first day of July of an odd-numbered year. The rules may do any or all of the following:
(a) Govern the establishment of consolidated funding allocations and specify the time period for which a consolidated funding allocation is to be provided if the effective date of the agreement is after the first day of July of an odd-numbered year, which may include a time period before the effective date of the agreement;
(b) Govern the establishment of
other allocations;
(c)(b) Specify allowable uses of financial assistance awarded under the agreements;
(d)(c) Establish reporting, cash management, audit, and other requirements the director determines are necessary to provide accountability for the use of financial assistance awarded under the agreements and determine compliance with requirements established by the department, a federal or state law, or any of the following that concern the family services duties included in the agreements and are published under section 5101.212 of the Revised Code: state plans for receipt of federal financial participation, grant agreements between the department and a federal entity, and executive orders issued by the governor.
(2) A requirement of a fiscal agreement established by a rule adopted under this division is applicable to a fiscal agreement without having to be restated in the fiscal agreement.
Sec. 5101.241. (A) As used in this section:
(1) "Local area" and "chief elected official" have the same meaning as in section 5101.20 of the Revised Code.
(2) "Responsible entity" means the chief elected officials of a local area.
(B) The department of job and family services may take action under division (C) of this section against the responsible entity, regardless of who performs the workforce development activity, if the department determines any of the following are the case:
(1) A requirement of a grant agreement entered into under section 5101.20 of the Revised Code that includes the workforce development activity, including a requirement for grant agreements established by rules adopted under that section, is not complied with;
(2) A performance standard for the workforce development activity established by the federal government or the department is not met;
(3) A requirement for the workforce development activity established by the department or any of the following is not complied with: a federal or state law, state plan for receipt of federal financial participation, grant agreement between the department and a federal agency, or executive order;
(4) The responsible entity is solely or partially responsible, as determined by the director of job and family services, for an adverse audit finding, adverse quality control finding, final disallowance of federal financial participation, or other sanction or penalty regarding the workforce development activity.
(C) The department may take one or more of the following actions against the responsible entity when authorized by division (B)(1), (2), (3), or (4) of this section:
(1) Require the responsible entity to submit to and comply with a corrective action plan, established or approved by the department, pursuant to a time schedule specified by the department;
(2) Require the responsible entity to do one of the following:
(a) Share with the department a final disallowance of federal financial participation or other sanction or penalty;
(b) Reimburse the department the amount the department pays to the federal government or another entity that represents the amount the responsible entity is responsible for of an adverse audit finding, adverse quality control finding, final disallowance of federal financial participation, or other sanction or penalty issued by the federal government, auditor of state, or other entity;
(c) Pay the federal government or another entity the amount that represents the amount the responsible entity is responsible for of an adverse audit finding, adverse quality control finding, final disallowance of federal financial participation, or other sanction or penalty issued by the federal government, auditor of state, or other entity;
(d) Pay the department the amount that represents the amount the responsible entity is responsible for of an adverse audit finding, adverse quality control finding, or other sanction or penalty issued by the department.
(3) Impose a financial or administrative sanction or adverse audit finding issued by the department against the responsible entity, which may be increased with each subsequent action taken against the responsible entity.;
(4) Perform or contract with a government or private entity for the entity to perform the workforce development activity until the department is satisfied that the responsible entity ensures that the activity will be performed to the department's satisfaction. If the department performs or contracts with an entity to perform the workforce development activity under division (C)(4) of this section, the department may withhold funds allocated to or reimbursements due to the responsible entity for the activity and use those funds to implement division (C)(4) of this section.
(5) Request the attorney general to bring mandamus proceedings to compel the responsible entity to take or cease the actions listed in division (B) of this section. The attorney general shall bring any mandamus proceedings in the Franklin county court of appeals at the department's request.
(6) If the department takes action under this division because of division (B)(3) of this section, withhold funds allocated or reimbursement due to the responsible entity until the department determines that the responsible entity is in compliance with the requirement. The department shall release the funds when the department determines that compliance has been achieved.
(7) Issue a notice of intent to revoke approval of all or part of the local plan effected that conflicts with state or federal law and effectuate the revocation.
(D) The department shall notify the responsible entity and the appropriate county auditor when the department proposes to take action under division (C) of this section. The notice shall be in writing and specify the action the department proposes to take. The department shall send the notice by regular United States mail. Except as provided in division (E) of this section, the responsible entity may request an administrative review of a proposed action in accordance with administrative review procedures the department shall establish. The administrative review procedures shall comply with all of the following:
(1) A request for an administrative review shall state specifically all of the following:
(a) The proposed action specified in the notice from the department for which the review is requested;
(b) The reason why the responsible entity believes the proposed action is inappropriate;
(c) All facts and legal arguments that the responsible entity wants the department to consider;
(d) The name of the person who will serve as the responsible entity's representative in the review.
(2) If the department's notice specifies more than one proposed action and the responsible entity does not specify all of the proposed actions in its request pursuant to division (D)(1)(a) of this section, the proposed actions not specified in the request shall not be subject to administrative review and the parts of the notice regarding those proposed actions shall be final and binding on the responsible entity.
(3) In the case of a proposed action under division (C)(1) of this section, the The responsible entity shall have fifteen calendar days after the department mails the notice to the responsible entity to send a written request to the department for an administrative review. If it receives such a request within the required time, the department shall postpone taking action under division (C)(1) of this section for fifteen calendar days following the day it receives the request to allow a representative of the department and a representative of the responsible entity an informal opportunity to resolve any dispute during that fifteen-day period. The responsible entity and the department shall attempt to resolve informally any dispute and may develop a written resolution to the dispute at any time prior to submitting the written report described in division (D)(7) of this section to the director.
(4) In the case of a proposed action under division (C)(2), (3), or (4) of this section, the responsible entity shall have thirty calendar days after the department mails the notice to the responsible entity to send a written request to the department for an administrative review. If it receives such a request within the required time, the department shall postpone taking action under division (C)(2), (3), or (4) of this section for thirty calendar days following the day it receives the request to allow a representative of the department and a representative of the responsible entity an informal opportunity to resolve any dispute during that thirty-day period.
(5) In the case of a proposed action under division (C)(2) of this section, the responsible entity may not include in its request disputes over a finding, final disallowance of federal financial participation, or other sanction or penalty issued by the federal government, auditor of state, or other entity other than the department.
(6)(5) If the responsible entity fails to request an administrative review within the required time, the responsible entity loses the right to request an administrative review of the proposed actions specified in the notice and the notice becomes final and binding on the responsible entity.
(7) If the informal opportunity provided in division (D)(3) or (4) of this section does not result in a written resolution to the dispute, the (6) The director of job and family services shall appoint an administrative review panel to conduct the administrative review. The review panel shall consist of department employees who are not involved in the department's proposal to take action against the responsible entity. The review panel shall review the responsible entity's request. The review panel may require that the department or responsible entity submit additional information and schedule and conduct an informal hearing to obtain testimony or additional evidence. A review of a proposal to take action under division (C)(2) of this section shall be limited solely to the issue of the amount the responsible entity shall share with the department, reimburse the department, or pay to the federal government, department, or other entity under division (C)(2) of this section. The review panel is not required to make a stenographic record of its hearing or other proceedings.
(8)(7) After finishing an administrative review, an administrative review panel appointed under division (D)(7)(6) of this section shall submit a written report to the director setting forth its findings of fact, conclusions of law, and recommendations for action. The director may approve, modify, or disapprove the recommendations. If the director modifies or disapproves the recommendations, the director shall state the reasons for the modification or disapproval and the actions to be taken against the responsible entity.
(9)(8) The director's approval, modification, or disapproval under division (D)(8)(7) of this section shall be final and binding on the responsible entity and shall not be subject to further departmental review.
(E) The responsible entity is not entitled to an administrative review under division (D) of this section for any of the following:
(1) An action taken under division (C)(5) or (6) of this section;
(2) An action taken under section 5101.242 of the Revised Code;
(3) An action taken under division (C)(2) of this section if the federal government, auditor of state, or entity other than the department has identified the responsible entity as being solely or partially responsible for an adverse audit finding, adverse quality control finding, final disallowance of federal financial participation, or other sanction or penalty;
(4) An adjustment to an allocation, cash draw, advance, or reimbursement to the responsible entity's local area that the department determines necessary for budgetary reasons;
(5) Withholding of a cash draw or reimbursement due to noncompliance with a reporting requirement established in rules adopted under section 5101.243 of the Revised Code.
(F) This section does not apply to other actions the department takes against the responsible entity pursuant to authority granted by another state law unless the other state law requires the department to take the action in accordance with this section.
(G) The director of job and family services may adopt rules in accordance with Chapter 119. of the Revised Code as necessary to implement this section.
(H) The governor may decertify a local workforce development board for any of the following reasons in accordance with subsection (e) of section 117 of the "Workforce Investment Act of 1998" 112 Stat. 936, 29 U.S.C. 2801, as amended:
(2) Failure to carry out the requirements of the federal "Workforce Investment Act," 112 Stat. 936, 29 U.S.C. 2801, as amended, including failure to meet performance standards established by the federal government for two consecutive years.
If the governor finds that access to basic "Workforce Investment Act" services is not being provided in a local area, the governor may declare an emergency and, in consultation with the chief elected officials of the local area affected, arrange for provision of these services through an alternative entity during the time period in which resolution of the problem preventing service delivery in the local area is pending. An action taken by the governor pursuant to this section is not subject to appeal under this section.
Sec. 5101.244. If a county family services agency submits an expenditure report to the department of job and family services and the department subsequently determines that an allocation, advance, or reimbursement the department makes to the agency, or a cash draw the agency makes, for an expenditure exceeds the allowable amount for the expenditure, the department may adjust, offset, withhold, or reduce an allocation, cash draw, advance, reimbursement, or other financial assistance to the agency as necessary to recover the amount of the excess allocation, advance, reimbursement, or cash draw. The department is not required to make the adjustment, offset, withholding, or reduction in accordance with section 5101.24 of the Revised Code.
The director of job and family services may adopt rules under section 111.15 of the Revised Code as necessary to implement this section. The director shall adopt the rules as if they were internal management rules.
Sec. 5101.26. As used in this section
and in sections
5101.27 to 5101.30 of the Revised Code:
(A)
"County agency" means a county department of job and
family services or a public children services agency.
(B)
"Fugitive felon" means an individual who is fleeing to
avoid
prosecution, or custody or confinement after conviction,
under the laws of the
place from which the individual is fleeing,
for a crime or an attempt to
commit
a crime that is a felony under
the laws of the place from which the individual
is fleeing or, in
the case of New
Jersey, a high misdemeanor, regardless of
whether
the individual has departed from the individual's usual place of
residence.
(C)
"Information" means records as defined in section
149.011 of
the Revised Code, any other documents in
any format,
and data derived from records and documents that
are generated,
acquired, or maintained by the department of
job and family
services,
a county agency, or an entity performing duties on
behalf of the
department or a county agency.
(D)
"Law enforcement
agency" means the state highway patrol,
an agency that employs peace officers
as defined in section 109.71
of the Revised Code, the adult
parole authority, a county
department of probation, a
prosecuting attorney, the
attorney
general, similar agencies of other states, federal
law enforcement
agencies, and postal inspectors.
"Law enforcement agency"
includes the peace officers and other law enforcement officers
employed by the agency.
(E)
"Medical assistance provided under a public assistance program" means medical assistance provided under the programs established under sections 5101.49, 5101.50 to 5101.503, and 5101.51 to 5101.5110, Chapters Chapter 5111. and 5115., or any other provision of the Revised Code.
(F) "Public assistance" means financial assistance, medical
assistance, or social services provided under a program
administered by the
department of job and family services or a
county agency
pursuant to Chapter 329., 5101., 5104., 5107.,
5108., 5111., or 5115. of the
Revised Code or an executive order
issued under section
107.17 of the Revised Code.
(G)
"Public assistance recipient" means an applicant for or
recipient or former recipient of public
assistance.
Sec. 5101.31. Any record, data, pricing information, or other information regarding a drug rebate agreement or a supplemental drug rebate agreement for the medicaid program established under Chapter 5111. of the Revised Code or the disability medical assistance program established under section 5115.10 of the Revised Code that the department of job and family services receives from a pharmaceutical manufacturer or creates pursuant to negotiation of the agreement is not a public record under section 149.43 of the Revised Code and shall be treated by the department as confidential information.
Sec. 5101.35. (A) As used in this section:
(1) "Agency" means the following entities that administer a
family services program:
(a) The department of job and family services;
(b) A county department of job and family services;
(c) A public children services agency;
(d) A private or government entity administering, in whole
or in
part, a family services program for or on behalf
of the
department of job and family services or a county
department of
job and family services or public
children services agency.
(2) "Appellant" means an applicant, participant, former
participant, recipient, or former recipient of a family
services
program
who is entitled by federal or
state law to a hearing
regarding a decision or order of the
agency that administers the
program.
(3) "Family services program" means assistance provided
under
a Title IV-A program as defined in section 5101.80 of the
Revised Code or under
Chapter 5104.,
5111., or 5115.
or section
173.35,
5101.141, 5101.46, 5101.461, 5101.54, 5153.163, or
5153.165 of the
Revised Code, other than
assistance provided under
section 5101.46
of the
Revised Code by the department of mental
health,
the
department of mental retardation and developmental
disabilities, a
board of alcohol, drug addiction, and mental
health services, or a
county board of mental retardation and
developmental disabilities.
(B)
Except as provided
by divisiondivisions (G) and (H) of this section,
an appellant who appeals under federal or state law a
decision or
order of an agency administering a family
services
program shall,
at the appellant's
request, be granted a
state hearing by the
department of job and family
services.
This state hearing shall
be
conducted in accordance with rules adopted under this section.
The
state hearing shall be tape-recorded, but neither the
recording
nor a transcript of the recording shall be part of the
official
record of the proceeding. A state hearing decision is
binding
upon the agency and department, unless it is reversed or
modified on
appeal to the director of job and family services or a
court of common
pleas.
(C)
Except as provided by division (G) of this section, an
appellant who disagrees with a state hearing
decision may make an
administrative appeal to the director of
job and family
services
in accordance with rules adopted
under this section. This
administrative appeal does not require a hearing, but the
director
or the director's
designee
shall review the
state hearing decision
and previous administrative action and may
affirm, modify, remand,
or reverse the state hearing decision. Any person
designated to
make an administrative appeal decision
on behalf of the director
shall have been admitted to the
practice of law in this state. An
administrative appeal decision
is the final decision of the
department and is binding upon
the department and
agency, unless
it is reversed or modified on
appeal
to the court of common pleas.
(D) An agency shall comply with a decision issued pursuant
to
division
(B) or (C) of this section within the time limits
established by
rules adopted under this section.
If a county
department of job and family services or a
public children
services agency fails to comply within these time limits, the
department may take action pursuant to section
5101.24
of the
Revised Code. If another agency fails to comply within the time
limits, the department may force compliance by withholding funds
due the
agency or imposing another sanction established by rules
adopted under this
section.
(E) An appellant who disagrees with an administrative
appeal
decision of the director of job and family services
or the
director's designee issued under division (C)
of this section may
appeal from the decision to the court of
common pleas pursuant to
section 119.12 of the Revised Code. The
appeal shall be governed
by section 119.12 of the Revised Code
except that:
(1) The person may appeal to the court of common pleas of
the county in which the person resides, or to the court of
common
pleas
of Franklin county if the person does not reside in this
state.
(2) The person may apply to the court for designation as
an
indigent and, if the court grants this application, the
appellant
shall not be required to furnish the costs of the
appeal.
(3) The appellant shall mail the notice of appeal to the
department of job and family services and file notice of
appeal
with
the court within
thirty days after the department mails the
administrative
appeal decision to the appellant. For good cause
shown, the
court may extend the time for mailing and filing notice
of
appeal, but such time shall not exceed six months from the date
the department mails the administrative appeal decision.
Filing
notice of appeal with the court shall be the only act
necessary to
vest jurisdiction in the court.
(4) The department shall be required to file a
transcript of
the testimony of the state hearing with the court
only if the
court orders the department to file the transcript.
The court
shall make such an order only if it finds that the
department and
the appellant are unable to stipulate to the facts
of the case and
that the transcript is essential to a
determination of the appeal.
The department shall file the
transcript not later than thirty
days after the day such an order
is issued.
(F) The department of job and family services shall adopt
rules
in accordance with Chapter 119. of the Revised
Code to
implement this section, including rules governing
the following:
(1) State hearings under division (B) of this section. The
rules shall include provisions regarding notice of eligibility
termination and
the opportunity of an appellant appealing a
decision or order of a county
department of job and family
services to request a county conference with the
county department
before the state hearing is held.
(2) Administrative appeals under division (C) of this
section;
(3) Time limits for complying with a decision issued under
division (B) or (C) of this section;
(4) Sanctions that may be applied against an agency under
division
(D) of this section.
(G)
The department of job and family services may adopt rules
in accordance with Chapter 119. of the Revised Code establishing
an appeals process for an appellant who appeals a decision or
order regarding a Title IV-A program identified under division
(A)(3)(4)(c) or, (d), (e), or (f) of section 5101.80 of the Revised Code that is
different from the appeals process established by this section.
The different appeals process may include having a state agency
that administers the Title IV-A program pursuant to an interagency
agreement entered into under section 5101.801 of the Revised Code
administer the appeals process.
(H) If an appellant receiving medicaid through a health insuring corporation that holds a certificate of authority under Chapter 1751. of the Revised Code is appealing a denial of medicaid services based on lack of medical necessity or other clinical issues regarding coverage by the health insuring corporation, the person hearing the appeal may order an independent medical review if that person determines that a review is necessary. The review shall be performed by a health care professional with appropriate clinical expertise in treating the recipient's condition or disease. The department shall pay the costs associated with the review.
A review ordered under this division shall be part of the record of the hearing and shall be given appropriate evidentiary consideration by the person hearing the appeal.
(I) The requirements of Chapter 119. of the Revised Code
apply to a
state hearing or administrative appeal under this
section only to the extent,
if any, specifically provided by rules
adopted under this section.
Sec. 5101.36. Any application for public assistance gives
a
right of subrogation to the department of job and family services
for
any workers' compensation benefits payable to a person who is
subject to a support order, as defined in section
3119.01 of the
Revised Code, on behalf of the applicant,
to the extent of any
public assistance payments made on the
applicant's behalf. If the
director of job and family services, in
consultation with a child
support enforcement agency and the
administrator of the bureau of
workers' compensation, determines
that a person responsible for
support payments to a recipient of
public assistance is receiving
workers' compensation, the
director shall notify the administrator
of the amount of the benefit to be
paid to the department of job
and family services.
For purposes of this section,
"public assistance" means
medical assistance provided through the medical assistance
program
established under section 5111.01 of the Revised Code;
Ohio works
first provided
under Chapter 5107. of the
Revised Code;
prevention, retention, and contingency
benefits and
services
provided
under Chapter 5108. of the Revised Code;
disability financial
assistance
provided under Chapter
5115. of the Revised
Code; or disability medical assistance provided under former Chapter 5115. of the Revised Code.
Sec. 5101.46. (A) As used in this section:
(1) "Title XX" means Title XX of the
"Social Security Act," 88 Stat. 2337
(1974), 42 U.S.C.A.
1397, as amended.
(2) "Respective local agency" means, with respect to
the department of job and family services, a county
department of job and family services; with respect to the
department of mental health, a
board of alcohol, drug addiction, and mental health services;
and with respect to the department of mental retardation and
developmental disabilities, a county board of mental retardation
and developmental disabilities.
(3) "Federal poverty guidelines" means the
poverty guidelines as revised annually by the
United States department of health and
human services in accordance with section 673(2) of the
"Omnibus Budget Reconciliation Act of
1981," 95 Stat. 511, 42
U.S.C.A. 9902, as amended, for a family
size equal to the size of the
family of the person whose income is being determined.
(B) The departments of job and family services,
mental health, and mental retardation and developmental
disabilities, with their respective local agencies, shall
administer the provision of
social services funded through grants made under
Title XX. The social services furnished with Title XX funds
shall be directed at the following goals:
(1) Achieving or maintaining economic self-support to
prevent, reduce, or eliminate dependency;
(2) Achieving or maintaining self-sufficiency, including
reduction or prevention of dependency;
(3) Preventing or remedying neglect, abuse, or
exploitation of children and adults unable to protect their own
interests, or preserving, rehabilitating, or reuniting families;
(4) Preventing or reducing inappropriate institutional
care by providing for community-based care, home-based care, or
other forms of less intensive care;
(5) Securing referral or admission for institutional care
when other forms of care are not appropriate, or providing
services to individuals in institutions.
(C)(1) All federal funds received under Title
XX shall be appropriated as follows:
(a) Seventy-two and one-half per cent to the
department of job and family services;
(b) Twelve and ninety-three one-hundreths per
cent to the department of mental health;
(c) Fourteen and fifty-seven one-hundreths per
cent to the department of mental retardation and developmental
disabilities.
(2) Each state department shall, subject to the
approval of the controlling board, develop formulas for the
distribution of their Title
XX appropriations to their
respective local agencies. The formulas shall take into account
the total population of the area that is served by the agency,
the percentage of the population in the area that falls below
the federal poverty guidelines, and the agency's history of and
ability to utilize Title XX funds.
(3) Each of the state
departments shall expend no more than three per cent of its
Title XX appropriation for state
administrative costs. Each of the department's respective local
agencies shall expend no more than fourteen per cent of its
Title XX appropriation for local administrative costs.
(4) The department of job and family services shall
expend no more
than two per cent of its Title
XX appropriation for the
training of the following:
(a) Employees of county departments of job and family
services;
(b) Providers of services under contract with the
state departments' respective local agencies;
(c) Employees of a public children services agency
directly engaged in providing
Title
XX services.
(D) The department of
job and family services shall prepare a biennial
comprehensive Title
XX social services plan on the intended use of Title
XX funds. The department shall develop a method for obtaining public
comment during the development of the plan and following its
completion.
For each state fiscal year, the department of job and
family services shall prepare a report on the actual use of Title
XX funds. The department shall make the annual report available for
public inspection.
The departments of mental health and mental retardation
and developmental disabilities shall prepare and submit to the
department of job and family services the portions of each
biennial plan
and annual report that apply to services for mental health and
mental retardation and developmental disabilities. Each
respective local agency of the three state departments shall
submit information as necessary for the preparation of biennial
plans and annual reports.
(E) Each county
department shall adopt a county profile for the administration
and provision of Title XX social services in the county. In
developing its county profile, the county department shall take
into consideration the comments and recommendations received
from the public by the county family services
planning committee
pursuant to section 329.06 of the Revised
Code. As part of its
preparation of the county profile, the county department may
prepare a local needs report analyzing the need for Title XX
social services.
The county department shall submit the county profile
to the board of county commissioners for its review. Once the
county profile has been approved by the board, the county
department shall file a copy of the county profile with the
department of job and family services. The
department shall
approve the county profile if the department determines the
profile
provides for the Title XX social services to meet the goals
specified in division (B) of this section.
(F) Not less often than every two years, the departments of
job and family services, mental health, and mental
retardation and
developmental disabilities each shall commission an entity
independent of itself to conduct an audit of its Title XX
expenditures in accordance
with generally accepted auditing principles. Within thirty days
following the completion of its audit, each department shall
submit a copy of the audit to the general assembly and to the
United States secretary of health and
human services.
(G) Any of the three
state departments and their respective local agencies may
require that an entity under contract to provide social services
with Title XX funds submit to an audit on the basis of
alleged misuse or improper accounting of funds. The If an audit is required, the social services provider shall reimburse the state department or local agency for the cost it incurred in conducting the audit or having the audit conducted.
If an audit demonstrates that a social services provider is responsible for one or more adverse findings, the provider shall reimburse the appropriate state department or its respective local agency the amount of the adverse findings. The amount shall not be reimbursed with Title XX funds received under this section. The three state
departments and their respective local agencies may terminate or
refuse to enter into a Title XX contract with a provider of
social services provider if there are adverse findings in an audit that
are the responsibility of the provider. The amount of any
adverse findings shall not be reimbursed with Title XX
funds. The cost of conducting an audit shall be reimbursed under a
subsequent or amended Title XX contract with the
provider.
(H) If federal funds
received by the department of job and family services for
use under
Chapters 5107. and 5108. of the Revised
Code are transferred by the
controlling board for use in providing social services under
this section, the distribution and use of the funds are not subject to the
provisions of division (C) of this section. The department
may do one or both of the following with the funds:
(1) Distribute the funds
to the county departments of job and family services;
(2) Use the funds for services that benefit individuals eligible for
services consistent with the principles of Title
IV-A of the "Social Security
Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended.
(I) Except for the authority to adopt rules under division (J) of this section as necessary to carry out this division, this section does not apply to any distribution by the department of job and family services of funds for reimbursement of allowable Title XX expenditures when the funds for the reimbursement are received from a federal funding source other than Title XX.
(J)(G) The department of job and family services may adopt
rules
necessary to implement and carry out the
purposes of this section. Rules adopted under this division shall be
adopted in
accordance with Chapter 119. of
the Revised Code, unless they are internal
management rules governing fiscal and administrative matters.
Internal governing financial and operational matters of the department or matters between the department and county departments of job and family services shall be adopted as internal management rules may be adopted in accordance with
section 111.15 of the Revised
Code. Rules governing eligibility for services, program participation, and other matters pertaining to applicants and participants shall be adopted in accordance with Chapter 119. of the Revised Code.
Sec. 5101.461. (A) As used in this section:
(1) "Title IV-A" means Title IV-A of the "Social Security Act," 110 Stat. 2113 (1996), 42 U.S.C. 601, as amended.
(2) "Title XX" has the same meaning as in section 5101.46 of the Revised Code.
(B) To the extent authorized by federal law, the department of job and family services may use funds received through the Title IV-A temporary assistance for needy families block grant for purposes of providing Title XX social services. The amount used under this section shall not exceed the maximum amount permitted by federal law. The funds and provision of Title XX social services with the funds are not subject to section 5101.46 of the Revised Code.
(C) The department and any county department of job and family services may require an entity under contract to provide Title XX social services with funds used under this section to submit to an audit on the basis of alleged misuse or improper accounting of funds. If an audit is required, the social services provider shall reimburse the state department or county department for the cost it incurred in conducting the audit or having the audit conducted.
If an audit demonstrates that a social services provider is responsible for one or more adverse findings, the provider shall reimburse the state department or county department the amount of the adverse findings. The amount shall not be reimbursed with funds received under this section. The state department and county departments may terminate or refuse to enter into a contract with a social services provider to provide services with funds available pursuant to this section if there are adverse findings in an audit that are the responsibility of the provider.
(D) The state department of job and family services may adopt rules to implement and carry out the purposes of this section. Rules governing financial and operational matters of the department or matters between the department and county departments of job and family services shall be adopted as internal management rules in accordance with section 111.15 of the Revised Code. Rules governing eligibility for services, program participation, and other matters pertaining to applicants and participants shall be adopted in accordance with Chapter 119. of the Revised Code.
Sec. 5101.47. (A) The Except as provided in division (B) of this section, the director of job and family services may
accept applications, determine eligibility, redetermine eligibility, and perform related
administrative activities for one or more of the following:
(1) The medicaid program established by Chapter 5111. of the
Revised Code;
(2) The children's health
insurance program parts I and II
provided for under sections 5101.50 and 5101.51 of the Revised
Code;
(3) Publicly funded child care provided under Chapter 5104.
of the Revised Code;
(4) The food stamp program administered by the department of job and family services pursuant to section 5101.54 of the Revised Code;
(5) Other programs the director determines are supportive of
children, adults, or families with at least one employed member;
(6) Other programs regarding which the director determines administrative cost savings and efficiency may be achieved through the department accepting applications, determining eligibility, redetermining eligibility, or performing related administrative activities.
(B) If federal law requires a face-to-face interview to complete an eligibility determination for a program specified in or pursuant to division (A) of this section, the face-to-face interview shall not be conducted by the department of job and family services.
(C) Subject to division (B) of this section, if the director elects to accept applications, determine
eligibility, redetermine eligibility, and perform related administrative activities for a program
specified in or pursuant to division (A) of this section,
both of the following apply:
(1) An individual seeking services under the program may apply
for the program to the director or to the entity that state law
governing the program authorizes to accept applications for the
program.
(2) The director is subject to federal statutes and regulations and state law statutes and rules that
require, permit, or prohibit an action regarding accepting applications,
determining or redetermining eligibility, and performing related administrative
activities for the program.
(C)(D) The director may adopt rules as necessary to implement this
section.
Sec. 5101.80. (A)
As used in this section and in section
5101.801 of the Revised Code:
(1) "County family services agency" has the same meaning as
in section 307.981 of the Revised Code.
(2) "State agency" has the same meaning as in section 9.82
of the Revised Code.
(3) "Title IV-A administrative agency" means both of the following:
(a) A county family services agency or state agency administering a Title IV-A program under the supervision of the department of job and family services;
(b) A government agency or private, not-for-profit entity administering a project funded in whole or in part with funds provided under the Title IV-A demonstration program created under section 5101.803 of the Revised Code.
(4) "Title IV-A program" means all of the following that
are
funded in part with funds provided under the temporary
assistance
for needy families block grant established by Title
IV-A of the
"Social Security Act," 110 Stat. 2113 (1996), 42
U.S.C. 601, as
amended:
(a) The Ohio works first program established under Chapter
5107. of the Revised Code;
(b) The prevention, retention, and contingency program
established under Chapter 5108. of the Revised Code;
(c) A program established by the general assembly or an
executive order issued by the governor that is administered or
supervised by the department of job and family services pursuant
to section 5101.801 of the Revised Code;
(d) The kinship permanency incentive program created under section 5101.802 of the Revised Code;
(e) The Title IV-A demonstration program created under section 5101.803 of the Revised Code;
(f) A component of a Title IV-A program identified under
divisions (A)(3)(4)(a) to (c)(e) of this section that the Title IV-A
state plan prepared under division (C)(1) of this section
identifies as a component.
(B) The department of job and family services shall act as
the single state agency to administer and supervise the
administration of Title IV-A programs. The Title IV-A state plan
and amendments to the plan prepared under division (C) of this
section are binding on county family services agencies and state
agencies that administer a Title IV-A program administrative agencies. No county family
services agency or state agency administering a Title IV-A program administrative agency
may establish, by rule or otherwise, a policy governing the a Title
IV-A program that is inconsistent with a Title IV-A program policy
established, in rule or otherwise, by the director of job and
family services.
(C) The department of job and family
services
shall do
all
of the following:
(1) Prepare and submit to the United States secretary of
health and human services a Title IV-A state
plan for
Title IV-A
programs;
(2)
Prepare and submit to the United States secretary of
health and human services amendments to the Title IV-A state plan
that the department determines necessary, including amendments
necessary to implement Title IV-A programs identified in division divisions
(A)(3)(4)(c) and (d) to (f) of this section;
(3) Prescribe forms for applications, certificates,
reports,
records, and accounts of county
family services
agencies and
state agencies administering a Title
IV-A program administrative agencies, and
other
matters related to
Title IV-A programs;
(4) Make such reports, in such form and containing such
information as the department may find necessary
to assure
the
correctness and verification of such reports, regarding
Title
IV-A programs;
(5) Require reports and information from each county
family
services
agency and state agency
administering a Title IV-A
program administrative agency as may be necessary
or
advisable regarding
the a Title IV-A
program;
(6) Afford a fair hearing in accordance with section
5101.35
of the Revised Code to any applicant for,
or participant
or former
participant of,
a Title IV-A
program aggrieved by a decision
regarding
the program;
(7) Administer and expend, pursuant to
Chapters 5104., 5107., and
5108. of the Revised Code
and section sections 5101.801, 5101.802, and 5101.803 of the Revised
Code, any
sums appropriated by the general assembly for the
purpose of those
chapters
and section sections
and all sums paid to the
state by the
secretary of the
treasury of the United States as
authorized by
Title IV-A of the
"Social Security Act,"
110
Stat.
2113 (1996),
42 U.S.C.
601, as amended;
(8) Conduct investigations
and audits as are necessary
regarding
Title IV-A programs;
(9) Enter into reciprocal agreements with other states
relative to the provision of Ohio
works first and prevention,
retention, and contingency to
residents and nonresidents;
(10) Contract with a private entity to
conduct an
independent on-going evaluation of the
Ohio works first program
and the prevention, retention, and
contingency program. The
contract must require the private entity
to do all of the
following:
(a) Examine issues of process, practice, impact, and
outcomes;
(b) Study former participants of Ohio works first who
have
not
participated in Ohio works first for at least one year to
determine
whether they
are employed, the type of employment in
which they are engaged, the amount of
compensation they are
receiving, whether their employer provides health
insurance,
whether and how often they have received
benefits or
services
under the prevention, retention, and contingency program,
and
whether they
are successfully self sufficient;
(c) Provide the department
with reports at
times the
department
specifies.
(11) Not later than
January 1, 2001, and the first
day of
each January and
July thereafter, prepare a
report containing
information on the following:
(a)
Individuals exhausting the
time
limits for participation
in Ohio works first set forth in section
5107.18 of the Revised
Code.
(b) Individuals who have been exempted from the
time limits
set forth in section 5107.18 of the
Revised
Code and the reasons
for the
exemption.
(12) Not later than January 1, 2001, and on a quarterly
basis thereafter until December 1, 2003, prepare, to the extent
the
necessary data is available to the department, a
report based
on information determined under section 5107.80 of the
Revised
Code
that states how many
former Ohio works first participants
entered the workforce during the
most recent
previous quarter for
which the information is known and includes information
regarding
the earnings of those former participants. The report
shall
include a county-by-county breakdown and shall not contain the
names or
social security numbers of former
participants.
(13) To the extent authorized by section 5101.801 of the
Revised Code, enter into interagency agreements with state
agencies for the administration of Title IV-A programs identified
under division (A)(3)(c) and (d) of this section.
(D) The department shall provide copies of the reports it
receives under division
(C)(10)
of this section and prepares
under
divisions division
(C)(11) and (12)
of this
section to the
governor, the
president and minority leader of
the senate, and the
speaker and
minority leader of the house of
representatives. The
department
shall provide copies of the
reports to any private or
government
entity on request.
(E) An authorized representative of the department or a
county
family services
agency or state
agency administering a
Title IV-A program shall have access to
all
records and
information
bearing thereon for the purposes of
investigations
conducted pursuant to this
section. An authorized representative of a government entity or private, not-for-profit entity administering a project funded in whole or in part with funds provided under the Title IV-A demonstration program shall have access to all records and information bearing on the project for the purpose of investigations conducted pursuant to this section.
Sec. 5101.801. (A) Except as otherwise provided by the law
enacted by the general assembly or executive order issued by the
governor establishing the Title IV-A program, a Title IV-A program
identified under division (A)(3)(4)(c) or, (d), (e), or (f) of section 5101.80 of
the Revised Code shall provide benefits and services that are not
"assistance" as defined in 45 C.F.R. 260.31(a) and are benefits
and services that 45 C.F.R. 260.31(b) excludes from the definition
of assistance.
(B)(1) Except as otherwise provided by the law enacted by the
general assembly or executive order issued by the governor
establishing the Title IV-A program, the department of job and
family services shall do either of the following regarding a Title
IV-A program identified under division (A)(3)(4)(c) or, (d), (e), or (f) of section
5101.80 of the Revised Code:
(1)(a) Administer the program or supervise a county family
services agency's administration of the program;
(2)(b) Enter into an interagency agreement with a state agency
for the state agency to administer the program under the
department's supervision.
(2) The department may enter into an agreement with a government entity and, to the extent permitted by federal law, a private, not-for-profit entity for the entity to receive funding for a project under the Title IV-A demonstration program.
(C) If the department administers or supervises the
administration of a Title IV-A program identified under division
(A)(3)(c) or (d) of section 5101.80 of the Revised Code pursuant
to division (B)(1) of this section, the The department may adopt rules
governing the program Title IV-A programs identified under divisions (A)(4)(c), (d), (e), and (f) of section 5101.80 of the Revised Code. Rules governing financial and operational
matters of the department or between the department and the county
family services agency agencies shall be adopted as internal management
rules adopted in accordance with section 111.15 of the Revised
Code. All other rules shall be adopted in accordance with Chapter
119. of the Revised Code.
(D) If the department enters into an interagency agreement
regarding a Title IV-A program identified under division (A)(3)(4)(c)
or (d), (e), or (f) of section 5101.80 of the Revised Code pursuant to division
(B)(1)(b) or (2) of this section, the agreement shall include at least all
of the following:
(1) A requirement that the state agency or entity comply with the
requirements for the program or project, including all of the following
requirements established by federal statutes and regulations,
state statutes and rules, the United States office of management
and budget, and the Title IV-A state plan prepared under section
5101.80 of the Revised Code:
(c) Benefits and services;
(e) Appeals for applicants for, and recipients and former
recipients of, the benefits and services;
(2) A complete description of all of the following:
(a) The benefits and services that the program or project is to
provide;
(b) The methods of program or project administration;
(c) The appeals process under section 5101.35 of the Revised
Code for applicants for, and recipients and former recipients of,
the program's program or project's benefits and services;
(d) Other program and administrative requirements that the
department requires be included.
(3) Procedures for the department to approve a policy,
established by rule or otherwise, that the state agency or entity
establishes for the program or project before the policy is established;
(4) Provisions regarding how the department is to reimburse
the state agency or entity for allowable expenditures under the program or project that
the department approves, including all of the following:
(a) Limitations on administrative costs;
(b) The department, at its discretion, withholding doing either of the following:
(i) Withholding no more
than five per cent of the funds that the department would
otherwise provide to the state agency or entity for the program or charging project;
(ii) Charging
the state agency or entity for the costs to the department of performing, or
contracting for the performance of, audits and other
administrative functions associated with the program or project.
(5) If the state agency or entity arranges by contract, grant, or
other agreement for another entity to perform a function the state
agency or entity would otherwise perform regarding the program or project, the state
agency's agency or entity's responsibilities for both of the following:
(a) Ensuring that the other entity complies with the interagency
agreement between the state agency or entity and department and federal
statutes and regulations and state statutes and rules governing
the use of funds for the program or project;
(b) Auditing the other entity in accordance with requirements
established by the United States office of management and budget.
(6) The state agency's agency or entity's responsibilities regarding the prompt
payment, including any interest assessed, of any adverse audit
finding, final disallowance of federal funds, or other sanction or
penalty imposed by the federal government, auditor of state,
department, a court, or other entity regarding funds for the
program or project;
(7) Provisions for the department to terminate the
interagency agreement or withhold reimbursement from the state
agency or entity if either of the following occur:
(a) The federal government disapproves the program or project or
reduces federal funds for the program or project;
(b) The state agency or entity fails to comply with the terms of the
interagency agreement.
(8) Provisions for both of the following:
(a) The department and state agency or entity determining the performance outcomes expected for the program or project;
(b) An evaluation of the program or project to determine its success in achieving the performance outcomes determined under division (D)(8)(a) of this section.
(E) To the extent consistent with the law enacted by the
general assembly or executive order issued by the governor
establishing the Title IV-A program and subject to the approval of
the director of budget and management, the director of job and
family services may terminate a Title IV-A program identified
under division (A)(3)(4)(c) or, (d), (e), or (f) of section 5101.80 of the Revised
Code or reduce funding for the program if the director of job and
family services determines that federal or state funds are
insufficient to fund the program. If the director of budget and
management approves the termination or reduction in funding for
such a program, the director of job and family services shall
issue instructions for the termination or funding reduction. If a
county family services agency or state Title IV-A administrative agency is administering the
program, the county family services agency or state agency is
bound by the termination or funding reduction and shall comply
with the director's instructions.
(F) The director of job and family services may adopt
internal management rules in accordance with section 111.15 of the
Revised Code as necessary to implement this section. The rules
are binding on each county family services agency and state agency
administering, pursuant to this section, a Title IV-A program
identified in division (A)(3)(c) or (d) of section 5101.80 of the
Revised Code administrative agency.
Sec. 5101.802. (A) As used in this section:
(1) "Custodian," "guardian," and "minor child" have the same meanings as in section 5107.02 of the Revised Code.
(2) "Federal poverty guidelines" has the same meaning as in section 5101.46 of the Revised Code.
(3) "Kinship caregiver" has the same meaning as in section 5101.85 of the Revised Code.
(B) Subject to division (E) of section 5101.801 of the Revised Code, there is hereby created the kinship permanency incentive program to promote permanency for a minor child in the legal and physical custody of a kinship caregiver. The program shall provide an initial one-time incentive payment to the kinship caregiver to defray the costs of initial placement of the minor child in the kinship caregiver's home. The program may provide additional permanency incentive payments for the minor child at six month intervals for a total period not to exceed thirty-six months.
(C)
A kinship caregiver may participate in the program if all of the following requirements are met:
(1) The kinship caregiver applies to a public children services agency in accordance with the application process established in rules authorized by division (E) of this section;
(2) The minor child the kinship caregiver is caring for is a child with special needs as that term is defined in rules adopted under section 5153.163 of the Revised Code;
(3) A juvenile court has adjudicated the minor child to be an abused, neglected, dependent, or unruly child and determined that it is in the child's best interest to be in the legal custody of the kinship caregiver or the probate court has determined that it is in the child's best interest to be in the guadianship of the kinship caregiver;
(4) The kinship caregiver is either the minor child's custodian or guardian;
(5) The minor child resides with the kinship caregiver pursuant to a placement approval process established in rules authorized by division (E) of this section;
(6) The gross income of the kinship caregiver's family, including the minor child, does not exceed two hundred per cent of the federal poverty guidelines.
(D) Public children services agencies shall make initial and ongoing eligibility determinations for the kinship permanency incentive program in accordance with rules authorized by division (E) of this section. The director of job and family services shall supervise public children services agencies' duties under this section.
(E) The director of job and family services shall adopt rules under division (C) of section 5101.801 of the Revised Code as necessary to implement the kinship permanency incentive program. The rules shall establish all of the following:
(1) The application process for the program;
(2) The placement approval process through which a minor child is placed with a kinship caregiver for the kinship caregiver to be eligible for the program;
(3) The initial and ongoing eligibility determination process for the program;
(4) The amount of the incentive payments provided under the program;
(5) The method by which the incentive payments are provided to a kinship caregiver;
(6) Anything else the director considers necessary to implement the program.
(F) The director shall begin implementation of the kinship permanency incentive program no later than January 1, 2006.
Sec. 5101.803. (A) Subject to division (E) of section 5101.801 of the Revised Code, there is hereby created the Title IV-A demonstration program to provide funding for innovative and promising prevention and intervention projects that meet one or more of the four purposes of the temporary assistance for needy families block grant as specified in 42 U.S.C. 601 and are for individuals with specific and multiple barriers to achieving or maintaining self-sufficiency and personal responsibility. The department of job and family services may provide funding for such projects to government entities and, to the extent permitted by federal law, private, not-for-profit entities with which the department enters into agreements under division (B)(2) of section 5101.801 of the Revised Code.
In accordance with criteria the department develops, the department may solicit proposals for entities seeking to enter into an agreement with the department under division (B)(2) of section 5101.801 of the Revised Code. The department may enter into such agreements with entities that do both of the following:
(1) Meet the proposals' criteria;
(2) If the entity's proposed project does not potentially affect persons in each county of the state, provides the department evidence that the entity has notified, in writing, the county department of job and family services of each county where persons may be affected by the implementation of the project.
(B) In developing the criteria, soliciting the proposals, and entering in the agreements, the department shall comply with all applicable federal and state laws, the Title IV-A state plan submitted to the United States secretary of health and human services under section 5101.80 of the Revised Code, amendments to the Title IV-A state plan submitted to the United States secretary under that section, and federal waivers the United States secretary grants.
(C) The department shall begin implementation of the Title IV-A demonstration program no later than January 1, 2006.
Sec. 5101.821. Except as otherwise approved by the director
of budget and management, the department of job and family
services
shall deposit federal funds received under Title IV-A of
the
"Social Security Act," 42 U.S.C.A. 601, 110 Stat. 2113 (1996),
into the temporary assistance for needy families (TANF) federal
fund, which is hereby created in the state treasury. The
department shall use money in the fund for the Ohio works first
program established under Chapter 5107. of the Revised Code; the
prevention, retention, and contingency program established under
Chapter 5108. of the Revised Code; social services provided pursuant to section 5101.461 of the Revised Code; and any other purposes
consistent with Title IV-A, federal regulations, federal waivers
granted by the United States secretary of health and human
services, state law, the Title IV-A state plan and amendments
submitted to the United States secretary of health and human
services under section 5101.80 of the Revised Code, and rules
adopted by the department under section 5107.05 of the Revised
Code.
Sec. 5101.93. (A) The director of job and family services shall determine whether a waiver of federal medicaid requirements is necessary to fulfill the requirements of section 3901.3814 of the Revised Code. If the director determines a waiver is necessary, the department of job and family services shall apply to the United States secretary of health and human services for the waiver.
(B)(1) If the director determines that section 3901.3814 of the Revised Code can be implemented without a waiver or a waiver is granted, the department shall notify the department of insurance that the section can be implemented. Implementation of the section shall be effective eighteen months after the notice is sent.
(2) At the time the notice is given under division (B)(1) of this section, the department shall also give notice to each health insuring corporation that provides coverage to medicaid recipients. The notice shall inform the corporation that sections 3901.38 and 3901.381 to 3901.3814 of the Revised Code apply to claims for services rendered to recipients on the date determined under division (B)(1) of this section. That date shall be specified in the notice.
Sec. 5101.98. (A) There is hereby created in the state treasury the military injury relief fund, which shall consist of money contributed to it under section 5747.113 of the Revised Code and of contributions made directly to it. Any person may contribute directly to the fund in addition to or independently of the income tax refund contribution system established in section 5747.113 of the Revised Code.
(B) Upon application, the director of job and family services shall grant money in the fund to individuals injured while in active service as a member of the armed forces of the United States and while serving under operation Iraqi freedom or operation enduring freedom.
(C) An individual who receives a grant under this section is not precluded from receiving one or more additional grants under this section and is not precluded from being considered for or receiving other assistance offered by the department of job and family services.
(D) The director shall adopt rules under Chapter 119. of the Revised Code establishing:
(1) Forms and procedures by which individuals may apply for a grant under this section;
(2) Criteria for reviewing, evaluating, and ranking grant applications;
(3) Criteria for determining the amount of grants awarded under this section; and
(4) Any other rules necessary to administer the grant program established in this section.
Sec. 5104.01. As used in this chapter:
(A)
"Administrator" means the person responsible for the
daily operation of a center or type A home. The administrator
and
the owner may be the same person.
(B)
"Approved child day camp" means a child day camp
approved pursuant to section 5104.22 of the Revised Code.
(C)
"Authorized provider" means a person authorized by a
county director of job and family services to operate a
certified
type B family day-care home.
(D)
"Border state child care provider" means a child
care
provider
that is located in a state bordering Ohio and
that is licensed,
certified,
or otherwise approved by that state
to provide child care.
(E)
"Caretaker parent" means the father or mother of a
child
whose presence in the home is needed as the caretaker of
the
child, a person who has legal custody of a child and whose
presence in the home is needed as the caretaker of the child, a
guardian of a child whose presence in the home is needed as the
caretaker of the child, and any other person who stands in loco
parentis with respect to the child and whose presence in the home
is needed as the caretaker of the child.
(F)
"Certified type B family day-care home" and
"certified
type B home" mean a type B family day-care home
that is certified
by the director of the county department of
job and family
services pursuant to section 5104.11 of the Revised Code
to
receive public funds for providing child care pursuant to this
chapter
and
any rules adopted under it.
(G)
"Chartered nonpublic school" means a school that
meets
standards for nonpublic schools prescribed by the state
board of
education for nonpublic schools pursuant to section
3301.07 of the
Revised Code.
(H)
"Child" includes an infant, toddler, preschool child,
or
school child.
(I)
"Child care block grant act" means the
"Child
Care and
Development Block Grant
Act of 1990," established in section 5082
of the
"Omnibus
Budget Reconciliation Act of 1990," 104
Stat.
1388-236 (1990), 42
U.S.C. 9858, as
amended.
(J)
"Child day camp" means a program in which only school
children attend or participate, that operates for no more than
seven hours per day, that operates only during one or more public
school district's regular vacation periods or for no more than
fifteen weeks during the summer, and that operates outdoor
activities for each child who attends or participates in the
program for a minimum of fifty per cent of each day that children
attend or participate in the program, except for any day when
hazardous weather conditions prevent the program from operating
outdoor activities for a minimum of fifty per cent of that day.
For purposes of this division, the maximum seven hours of
operation time does not include transportation time from a
child's
home to a child day camp and from a child day camp to a
child's
home.
(K)
"Child care" means administering to the needs of
infants, toddlers, preschool children, and school
children outside
of school hours by persons other than their parents or
guardians,
custodians, or relatives by blood, marriage, or
adoption for any
part of the twenty-four-hour day in a place or
residence other
than a child's own home.
(L)
"Child day-care center" and
"center" mean any place
in
which child care or publicly funded child care is
provided
for thirteen or more children at one time or any place
that is not
the permanent residence of the licensee or
administrator in which
child care or publicly funded child
care is provided for
seven to twelve children at one time.
In counting children for
the purposes of this division, any
children under six years of age
who are related to a licensee,
administrator, or employee and who
are on the premises of the
center shall be counted.
"Child
day-care center" and
"center" do
not include any of the following:
(1) A place located in and operated by a hospital, as
defined in section 3727.01 of the Revised Code, in which the
needs
of children are administered to, if all the children whose
needs
are being administered to are monitored under the on-site
supervision of a physician licensed under Chapter 4731.
of the
Revised Code or a
registered nurse licensed under Chapter 4723.
of
the Revised Code, and the services are provided only for
children
who, in the opinion of the child's parent, guardian, or
custodian,
are exhibiting symptoms of a communicable disease or
other illness
or are injured;
(3) A place that provides child care, but
not publicly
funded child care, if all of the
following apply:
(a) An organized religious body
provides the child care;
(b) A parent, custodian, or guardian of at least one
child
receiving child care is on the
premises and readily accessible
at all times;
(c) The child care is not provided for more than thirty
days
a year;
(d) The child care is provided only for preschool and
school
children.
(M)
"Child care resource and referral service
organization"
means a community-based nonprofit organization that
provides child care
resource and referral services but not
child care.
(N)
"Child care resource and referral services" means
all of the following services:
(1) Maintenance of a uniform data base of all child
care
providers in the community that are in compliance with
this
chapter, including current occupancy and vacancy data;
(2) Provision of individualized consumer education to
families seeking child care;
(3) Provision of timely referrals of available child
care providers to families seeking child care;
(4) Recruitment of child care providers;
(5) Assistance in the development, conduct, and
dissemination of training
for child care providers
and
provision of technical assistance to current and potential
child
care providers, employers, and the community;
(6) Collection and analysis of data on the supply of and
demand for child care in the community;
(7) Technical assistance concerning locally, state, and
federally funded
child care and early childhood education
programs;
(8) Stimulation of employer involvement in making child
care more affordable, more available, safer, and of higher
quality for their employees and for the community;
(9) Provision of written educational materials to
caretaker
parents and informational resources to child care
providers;
(10) Coordination of services among child care resource
and referral
service organizations to assist in developing and
maintaining a statewide
system of child care resource and
referral services if required by the
department of job and family
services;
(11) Cooperation with the county department of job and
family services in encouraging the establishment of parent
cooperative
child care centers and parent cooperative type
A
family day-care homes.
(O)
"Child-care staff member" means an employee of a
child
day-care center or type A family day-care home who is
primarily
responsible for the care and supervision of children.
The
administrator may be a part-time child-care staff member when
not
involved in other duties.
(P)
"Drop-in child day-care center,"
"drop-in center,"
"drop-in type A family day-care home," and
"drop-in type A
home"
mean a center or type A home that provides child care or
publicly funded child care for children on a temporary,
irregular basis.
(Q)
"Employee" means a person who either:
(1) Receives compensation for duties performed in a child
day-care center or type A family day-care home;
(2) Is assigned specific working hours or duties in a
child
day-care center or type A family day-care home.
(R)
"Employer" means a person, firm, institution,
organization, or agency that operates a child day-care center or
type A family day-care home subject to licensure under this
chapter.
(S)
"Federal poverty line" means the official poverty
guideline as revised annually in accordance with section 673(2)
of
the
"Omnibus Budget Reconciliation Act
of 1981," 95 Stat. 511, 42
U.S.C. 9902, as amended,
for a family size
equal to the size of
the family of the person whose income is being
determined.
(T)
"Head start program" means a comprehensive child
development program that receives funds distributed under the
"Head Start Act," 95 Stat. 499 (1981), 42
U.S.C.A. 9831,
as
amended, or under
sections 3301.31 to 3301.37 of the Revised Code and is licensed as a child day-care center.
(U)
"Income" means gross income, as defined in section
5107.10
of the Revised Code, less any amounts required by federal
statutes or
regulations to be
disregarded.
(V)
"Indicator checklist" means an inspection tool, used
in
conjunction with an instrument-based program monitoring
information system,
that contains selected licensing requirements
that are statistically reliable
indicators or predictors of a
child day-care center or type A family
day-care home's compliance
with licensing requirements.
(W)
"Infant" means a child who is less than
eighteen months
of age.
(X)
"In-home aide" means a person certified by a county
director of job and family services pursuant to section
5104.12 of
the Revised Code
to provide publicly funded child care to a
child
in a child's own home pursuant to this chapter and any rules
adopted under it.
(Y)
"Instrument-based program monitoring information
system"
means a method to assess compliance with licensing requirements
for child
day-care centers and type A family day-care homes in
which each
licensing requirement is assigned a weight indicative
of the relative
importance of the requirement to the health,
growth, and safety of the
children that is used to develop an
indicator checklist.
(Z)
"License capacity" means the maximum number in each
age
category of children who may be cared for in a child day-care
center
or type A family day-care home at one time as determined by
the
director of job and family services considering building
occupancy limits
established by the department of commerce, number
of available child-care
staff members, amount of available indoor
floor space and outdoor play space,
and amount of available play
equipment, materials, and supplies.
(AA)
"Licensed preschool program" or
"licensed school
child
program" means a preschool program or school child program,
as
defined in section 3301.52 of the Revised Code, that is
licensed
by the department of education pursuant to sections
3301.52 to
3301.59 of the Revised Code.
(BB)
"Licensee" means the owner of a child day-care
center
or type A family day-care home that is licensed pursuant to this
chapter and who is responsible for ensuring its compliance with
this chapter and rules adopted pursuant to this chapter.
(CC)
"Operate a child day camp" means to operate,
establish,
manage, conduct, or maintain a child day camp.
(DD)
"Owner" includes a person, as defined in section
1.59
of the Revised Code, or government entity.
(EE)
"Parent cooperative child day-care center,"
"parent
cooperative center,"
"parent cooperative type A family day-care
home," and
"parent cooperative type A home" mean a corporation or
association organized for providing educational services to the
children of members of the corporation or association, without
gain to the corporation or association as an entity, in which the
services of the corporation or association are provided only to
children of the members of the corporation or association,
ownership and control of the corporation or association rests
solely with the members of the corporation or association, and at
least one parent-member of the corporation or association is on
the premises of the center or type A home during its hours of
operation.
(FF)
"Part-time child day-care center,"
"part-time
center,"
"part-time type A family day-care home," and
"part-time type
A
home" mean a center or type A home that provides child
care or
publicly funded child care for no more than four hours a day
for any child.
(GG)
"Place of worship" means a building where
activities of
an organized religious group are conducted and includes the
grounds and any other buildings on the grounds used for such
activities.
(HH)
"Preschool child" means a child who is three years
old
or
older but is not a school child.
(II)
"Protective child care" means publicly funded child
care for the direct care and protection of a child to whom
either of the following applies:
(1) A case plan prepared and maintained for the child
pursuant to section 2151.412 of the Revised Code indicates a need
for protective care and the child resides with a parent,
stepparent, guardian, or another person who stands in loco
parentis as defined in rules adopted under section 5104.38 of the
Revised Code;
(2) The child and the child's caretaker either temporarily
reside
in a facility providing emergency shelter for homeless
families
or are determined by the county department of job and
family services to be homeless, and are otherwise ineligible for
publicly
funded
child care.
(JJ)
"Publicly funded child care" means
administering
to
the needs of infants, toddlers, preschool
children, and school
children under age thirteen during
any part of the
twenty-four-hour day by
persons other than their caretaker parents
for remuneration
wholly or in part with federal or state funds,
including funds available under the child care
block grant act, Title IV-A, and Title XX, distributed by the
department of job and family services.
(KK)
"Religious activities" means any of the following:
worship or other religious services; religious instruction; Sunday
school classes or other religious classes conducted during or
prior to
worship
or other religious services; youth or adult
fellowship
activities; choir or other musical group practices or
programs;
meals; festivals; or meetings conducted by an organized
religious
group.
(LL)
"School child" means a child who is enrolled in or
is
eligible to be enrolled in a grade of kindergarten or above but
is
less than fifteen years old.
(MM)
"School child day-care center,"
"school child
center,"
"school child type A family day-care home," and
"school child
type
A family home" mean a center or type A home that
provides
child
care for school children only and that does either or
both of
the following:
(1) Operates only during that part of the day that
immediately precedes or follows the public school day of the
school district in which the center or type A home is located;
(2) Operates only when the public schools in the school
district in which the center or type A home is located are not
open for instruction with pupils in attendance.
(NN)
"State median income" means the state median income
calculated by the department of development pursuant to division
(A)(1)(g) of section 5709.61 of the Revised Code.
(OO)
"Title IV-A" means Title IV-A of the "Social Security Act," 110 Stat. 2113 (1996), 42 U.S.C. 601, as amended.
(PP) "Title XX" means Title XX of the "Social Security Act," 88 Stat. 2337 (1974), 42 U.S.C. 1397, as amended.
(QQ) "Toddler" means a child who is at least eighteen
months
of age but less than three years of age.
(RR)
"Type A family day-care home" and
"type A home"
mean a
permanent residence of the administrator in which child care
or publicly funded child care is provided for seven to twelve
children at one time or a permanent residence of the
administrator
in which child care is provided for four to
twelve children at
one time if four or more children at one time
are under two years
of age. In counting children for the
purposes of this division,
any children under six years of age
who are related to a licensee,
administrator, or employee and who
are on the premises of the type
A home shall be counted.
"Type A
family day-care home" does not
include a residence in which the
needs of children are
administered to, if all of the children
whose needs are being
administered to are siblings of the same
immediate family and the
residence is the home of the siblings.
"Type A family day-care
home" and
"type A home" do not include
any child day camp.
(SS)
"Type B family day-care home" and
"type B home" mean
a
permanent residence of the provider in which child care is
provided for one to six children at one time and in which no more
than three children are under two years of age at one time. In
counting children for the purposes of this division, any children
under six years of age who are related to the provider and who
are
on the premises of the type B home shall be counted.
"Type B
family day-care home" does not include a residence in which the
needs of children are administered to, if all of the children
whose needs are being administered to are siblings of the same
immediate family and the residence is the home of the siblings.
"Type B family day-care home" and
"type B home" do not include
any
child day camp.
Sec. 5104.02. (A) The director of job and family services
is
responsible for the licensing of child day-care centers and
type
A family day-care homes, and. Each entity operating a head start program shall meet the criteria for, and be licensed as, a child day-care center. The director is responsible for the enforcement of this
chapter
and of rules promulgated pursuant to this chapter. No
No
person,
firm, organization, institution, or agency shall operate,
establish, manage, conduct, or maintain a child day-care center
or
type A family day-care home without a license issued under
section
5104.03 of the Revised Code. The current license shall
be posted
in a conspicuous place in the center or type A home
that is
accessible to parents, custodians, or guardians and
employees of
the center or type A home at all times when the
center or type A
home is in operation.
(B) A person, firm, institution, organization, or agency
operating any of the following programs is exempt from the
requirements of this chapter:
(1) A program of child care that operates for two or
less consecutive weeks;
(2) Child care in places of worship during religious
activities during which children are cared for while at least one
parent, guardian, or custodian of each child is participating in
such activities and is readily available;
(3) Religious activities which do not provide child
care;
(4) Supervised training, instruction, or activities of
children in specific areas, including, but not limited to: art;
drama; dance; music; gymnastics, swimming, or another athletic
skill or sport; computers; or an educational subject conducted on
an organized or periodic basis no more than one day a week and
for
no more than six hours duration;
(5) Programs in which the director determines that at
least
one parent, custodian, or guardian of each child is on the
premises of the facility offering child care and is readily
accessible at all times, except that child care provided on
the premises at which a parent, custodian, or guardian is employed
more
than two and one-half hours a day shall be licensed in
accordance with
division (A) of this section;
(6)(a) Programs that provide child care funded and
regulated or operated and regulated by state departments other
than the department of job and family services or the state board
of
education when the director of job and family services has
determined
that
the rules governing the program are equivalent to
or exceed the
rules promulgated pursuant to this chapter.
Notwithstanding any exemption from regulation under this
chapter, each state department shall submit to the director of job
and
family services a copy of the rules that govern programs that
provide child care and are regulated or operated and
regulated
by the department. Annually, each state department
shall submit
to the director a report for each such program it
regulates or
operates and regulates that includes the following
information:
(i) The site location of the program;
(ii) The maximum number of infants, toddlers, preschool
children, or school children served by the program at one time;
(iii) The number of adults providing child care for
the
number of infants, toddlers, preschool children, or school
children;
(iv) Any changes in the rules made subsequent to the time
when the rules were initially submitted to the director.
The director shall maintain a record of the child care
information submitted by other state departments and shall
provide
this information upon request to the general assembly or
the
public.
(b) Child care programs conducted by boards of
education
or by chartered nonpublic schools that are conducted in
school
buildings and that provide child care to school
children only
shall be exempt from meeting or exceeding rules
promulgated
pursuant to this chapter.
(7) Any preschool program or school child program, except a head start program, that is
subject to licensure by the department of education under
sections
3301.52 to 3301.59 of the Revised Code.
(8) Any program providing child care that meets all of
the following requirements and, on October 20, 1987, was being
operated by a nonpublic school that holds a charter issued by the
state board of education for kindergarten only:
(a) The nonpublic school has given the notice to the state
board and the director of job and family services required by
Section 4
of
Substitute House Bill No. 253 of the 117th general
assembly;
(b) The nonpublic school continues to be chartered by the
state board for kindergarten, or receives and continues to hold a
charter from the state board for kindergarten through grade five;
(c) The program is conducted in a school building;
(d) The program is operated in accordance with rules
promulgated by the state board under sections 3301.52 to 3301.57
of the Revised Code.
(9) A youth development program
operated outside of school
hours by a community-based center to
which all of the following
apply:
(a) The children enrolled in the program are under
nineteen
years of age and enrolled in or eligible to be enrolled
in a grade
of kindergarten or above.
(b) The program provides informal child care and
at least
two of the following supervised activities:
educational,
recreational, culturally enriching, social, and
personal
development activities.
(c) The state board of education has approved the
program's
participation in the child and adult care food program
as an
outside-school-hours care center pursuant to standards established
under
section 3313.813 of the
Revised
Code.
(d) The community-based center operating the
program is
exempt from federal income taxation pursuant to 26
U.S.C.
501(a)
and (c)(3).
Sec. 5104.32. (A) Except as provided in division (C)
of
this section, all purchases of publicly funded child
care
shall be made under a contract entered into by a
licensed child
day-care center, licensed type A family day-care
home, certified
type B family day-care home, certified in-home
aide, approved
child day camp, licensed preschool program,
licensed school child
program, or border state child care
provider and the county
department of job and family
services. A county department of job
and family services
may enter into a
contract with a provider for
publicly funded child care for a
specified period of time or
upon a continuous basis for an
unspecified period of time. All
contracts for publicly funded
child care shall be contingent
upon the availability of state
and federal funds. The department
of job and family
services shall prescribe a standard form to be
used for all contracts for the
purchase of publicly funded child
care, regardless of the
source of public funds used to
purchase the child care. To
the extent permitted by federal
law and notwithstanding any other
provision of the Revised Code
that regulates state or county
contracts or contracts involving
the expenditure of state,
county, or federal funds, all contracts
for publicly funded child
care shall be entered into in
accordance with the provisions
of this chapter and are exempt from
any other provision of the
Revised Code that regulates state or
county contracts or
contracts involving the expenditure of state,
county, or federal
funds.
(B) Each contract for publicly funded child care shall
specify at least the following:
(1) That the provider of publicly funded child care
agrees to be
paid for rendering services at the lowest of the rate
customarily
charged by the provider for children enrolled for
child care, the reimbursement
ceiling or rate of payment established pursuant to section
5104.30 of the Revised Code, or a rate the county department negotiates with the provider;
(2) That, if a provider provides child care to an
individual potentially eligible for publicly funded child
care
who is subsequently determined to be eligible, the
county
department agrees to pay for all child care provided
between
the date the county department receives the individual's
completed
application and the date the individual's eligibility
is
determined;
(3) Whether the county department of job and family
services, the provider, or a child care resource and referral
service
organization will make eligibility determinations, whether
the
provider or a child care resource and referral service
organization will be required to collect information to be used
by
the county department to make eligibility determinations, and
the
time period within which the provider or child care
resource
and referral service organization is required to
complete required
eligibility determinations or to transmit to
the county department
any information collected for the purpose
of making eligibility
determinations;
(4) That the provider, other than a border state child
care
provider or except as provided in division (B) of section 3301.37 of the Revised Code, shall continue to be licensed,
approved, or
certified pursuant to this chapter and shall comply with all
standards and other
requirements in this chapter and in rules
adopted pursuant to this chapter for maintaining
the provider's license, approval, or
certification;
(5) That, in the case of a border state child care
provider, the
provider shall continue to be licensed, certified,
or otherwise approved by
the state in
which the provider is
located and shall comply with all standards and
other requirements
established by that state for maintaining the provider's
license,
certificate, or other approval;
(6) Whether the provider will be paid by the county
department of job and family services or the state
department of
job and family services;
(7) That the contract is subject to the availability of
state and federal funds.
(C) Unless specifically prohibited by federal law, the
county department of job and family services shall give
individuals
eligible for publicly funded child care the option
of
obtaining certificates for payment that the individual may use
to
purchase services from any provider qualified to provide
publicly
funded child care under section 5104.31 of the
Revised Code. Providers
of publicly funded child care may
present these
certificates for payment for reimbursement in
accordance with
rules that the director of job and
family services
shall adopt. Only
providers may receive reimbursement for
certificates for payment. The value
of
the certificate for
payment shall be based on the
lowest of the rate customarily
charged by the provider, the
reimbursement ceiling or rate of payment established
pursuant to section
5104.30 of the Revised Code, or a rate the county department negotiates with the provider. The county
department may provide the
certificates for payment to the
individuals or may contract with
child care providers or child
care resource and referral
service organizations that make
determinations of eligibility for
publicly funded child care
pursuant to contracts entered into
under section 5104.34 of the
Revised Code for the providers or
resource and referral service
organizations to provide the
certificates for payment to
individuals whom they determine are
eligible for publicly funded
child care.
For each six-month period a provider of publicly funded child
care provides publicly funded child day-care to the child of
an individual given
certificates for payment, the individual shall
provide the provider
certificates for days the provider would have
provided publicly funded child care to the child had the child
been
present. County departments shall specify the maximum number
of days
providers will be provided certificates of payment for
days the provider would
have provided publicly funded child
care had the child been present. The
maximum number of days
shall
not exceed ten
days in a six-month period during
which
publicly funded child care is provided to the child
regardless
of the
number of providers that provide publicly funded
child
care to the child during that period.
Sec. 5107.05. The director of job
and family services shall
adopt rules to implement this chapter. The rules shall be
consistent with Title IV-A, Title
IV-D, federal regulations, state law, the Title
IV-A state plan submitted to
the United States secretary of health and human services under section 5101.80
of the
Revised Code, amendments to the
plan, and waivers granted by the
United States secretary. Rules
governing eligibility, program participation, and other
applicant and participant requirements shall be adopted in
accordance with Chapter 119. of
the Revised Code. Rules governing
financial and other administrative requirements applicable to
the department of job and family services and county departments of
job and family services shall be
adopted in accordance with section 111.15 of the
Revised Code.
(A) The rules shall specify, establish, or govern all of the
following:
(1) A payment standard for Ohio works first based on
federal and state appropriations;
(2) The method of determining the amount of cash
assistance an assistance group receives under Ohio works first;
(3) Requirements for initial and continued eligibility
for Ohio works first, including requirements regarding income,
citizenship, age, residence, and assistance group composition.
The rules regarding income shall specify what is countable
income, gross earned income, and gross unearned income for the
purpose of section 5107.10 of the Revised Code.
(4) For the purpose of section 5107.12 of the
Revised Code, application and
verification procedures, including the minimum information an
application must contain;
(5) The extent to which a participant of Ohio works first must
notify, pursuant to section 5107.12 of the
Revised Code, a county department of job and family
services of additional income not previously reported to
the county department;
(6) The department of job and family services providing written
notice of a sanction under section 5107.161 of the Revised Code;
(7) Requirements for the collection and distribution of
support payments owed participants of Ohio works first pursuant to
section 5107.20 of the
Revised Code;
(8) For the purpose of section 5107.22 of the
Revised Code, what constitutes
cooperating in establishing a minor child's paternity or
establishing, modifying, or enforcing a child support order and
good cause for failure or refusal to cooperate. The rule shall
be consistent with 42 U.S.C.A.
654(29).
(9) The administration of requirements governing the LEAP program
provided for under
section 5107.30 of the Revised Code, including the definitions of "equivalent of a high school diploma" and "good cause," and the incentives provided under the LEAP program;
(10) If the director implements section 5107.301 of the Revised Code, the requirements governing the award provided under that section, including the form that the award is to take and requirements an individual must satisfy to receive the award;
(11) Circumstances under which a county department
of job and family services may
exempt a minor head of household or adult from participating in a work
activity or developmental activity for all or some of the weekly hours
otherwise required by section 5107.43 of the
Revised Code. Circumstances shall include that a school or
place of work is closed due to a
holiday or weather or other emergency and that an employer grants the minor
head of household or adult leave for illness or earned vacation.
(11)(12) The maximum amount of time the department will
subsidize positions created by state agencies and political
subdivisions under division (C) of section 5107.52 of the
Revised Code.
(B) The rules may
provide that a county department of job and family
services is not
required to take action under section 5107.76 of the
Revised Code to recover an erroneous
payment that is below an amount the department specifies.
Sec. 5107.10. (A) As used in this section:
(1)
"Countable income,"
"gross earned income,"
and
"gross
unearned income" have the meanings established in rules adopted
under section 5107.05 of the Revised Code.
(2) "Federal poverty guidelines" has the same meaning as in section 5101.46 of the Revised Code, except that references to a person's family in the definition shall be deemed to be references to the person's assistance group.
(3)
"Gross income" means gross earned income and gross
unearned income.
(3)(4) "Initial eligibility threshold" means the higher of the following:
(a) Fifty per cent of the federal poverty guidelines;
(b) The gross income maximum for initial eligibility for Ohio works first as that maximum was set by division (D)(1)(a) of this section on the day before the effective date of this amendment.
(5)
"Strike" means continuous concerted action in failing
to
report to duty; willful absence from one's position; or
stoppage
of work in whole from the full, faithful, and proper
performance
of the duties of employment, for the purpose of
inducing,
influencing, or coercing a change in wages, hours,
terms, and
other conditions of employment.
"Strike" does not
include a
stoppage of work by employees in good faith because of
dangerous
or unhealthful working conditions at the place of
employment that
are abnormal to the place of employment.
(B) Under the Ohio works first program, an assistance
group
shall receive, except as otherwise
provided by this chapter,
time-limited
cash assistance. In the case of an assistance group
that includes a minor
head of household or adult, assistance shall
be provided in accordance with
the self-sufficiency contract
entered into under section 5107.14 of the Revised Code.
(C) To be eligible to participate in
Ohio works first, an
assistance group must meet all of the
following requirements:
(1) The assistance group, except as provided in division
(E)
of this section, must
include at least one of the following:
(a) A minor child who, except as provided in section 5107.24
of the Revised Code, resides with a
parent, or specified relative
caring for the child, or, to the extent
permitted by Title IV-A
and federal
regulations adopted until Title IV-A, resides with
a
guardian or
custodian caring for the child;
(b) A parent residing with and caring for
the parent's minor
child who receives supplemental
security income under Title XVI of
the
"Social
Security Act," 86 Stat. 1475 (1972), 42 U.S.C.A.
1383,
as amended, or federal, state, or local adoption
assistance;
(c) A specified relative residing with and caring for a
minor child who is
related to the specified relative in a manner
that makes the specified
relative a specified relative and
receives supplemental security income or
federal, state, or local
foster care or adoption assistance;
(d) A woman at least six months pregnant.
(2) The assistance group must meet the income
requirements
established by division
(D) of this section.
(3) No member of the assistance group may be involved in a
strike.
(4) The assistance group must satisfy the requirements
for
Ohio works first established by this chapter and sections
5101.58, 5101.59, and 5101.83 of the
Revised Code.
(5) The assistance group must meet requirements for Ohio
works
first established by rules adopted under section
5107.05 of
the Revised
Code.
(D)(1) Except as provided in division (D)(3)(4) of this
section, to determine whether an assistance group is initially
eligible to participate in Ohio works first, a county
department
of job and family services shall do the
following:
(a) Determine whether the assistance group's gross
income
exceeds the following amount:
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|
1 |
|
$423 |
|
|
2 |
|
$537 |
|
|
3 |
|
$630 |
|
|
4 |
|
$750 |
|
|
5 |
|
$858 |
|
|
6 |
|
$942 |
|
|
7 |
|
$1,038 |
|
|
8 |
|
$1,139 |
|
|
9 |
|
$1,241 |
|
|
10 |
|
$1,343 |
|
|
11 |
|
$1,440 |
|
|
12 |
|
$1,542 |
|
|
13 |
|
$1,643 |
|
|
14 |
|
$1,742 |
|
|
15 |
|
$1,844 |
|
For each person in the assistance group that brings the
assistance group to more than fifteen persons, add one hundred
two
dollars to the amount of gross income for an assistance
group of
fifteen specified in division
(D)(1)(a) of this section.
In initial eligibility threshold. In making this determination, the county department
shall
disregard amounts that federal statutes or regulations and
sections 5101.17 and 5117.10 of the
Revised Code require be
disregarded.
The assistance group is ineligible to participate in
Ohio works first
if the assistance group's gross income, less the
amounts disregarded, exceeds the amount specified in division
(D)(1)(a) of this section initial eligibility threshold.
(b) If the assistance group's gross income, less
the amounts
disregarded pursuant to division
(D)(1)(a)
of this section, does
not exceed the amount specified in that division initial eligibility threshold,
determine
whether the assistance
group's countable income is less than the
payment standard. The assistance
group is ineligible to
participate in Ohio works first if the assistance group's
countable income equals or
exceeds the payment standard.
(2) For the purpose of determining whether an assistance group meets the income requirement established by division (D)(1)(a) of this section, the annual revision that the United States department of health and human services makes to the federal poverty guidelines shall go into effect on the first day of July of the year for which the revision is made.
(3) To determine whether an assistance group
participating
in Ohio works first continues to be eligible to
participate, a
county department of job and family
services shall
determine
whether the assistance group's countable income
continues to be
less than the payment standard. In making this
determination, the
county department shall disregard the first
two hundred fifty
dollars and fifty per cent of the remainder
of the assistance
group's gross earned income.
No amounts shall be disregarded from
the assistance
group's gross unearned income. The assistance
group ceases to
be eligible to participate in Ohio works first if
its
countable income, less the amounts disregarded, equals or
exceeds the payment standard.
(3)(4) If an assistance group reapplies to participate in
Ohio
works first not more than four months after ceasing to
participate, a county department of job and family
services shall
use the income requirement established by
division (D)(2)(3) of this
section
to determine eligibility for resumed participation rather
than
the income requirement established by division
(D)(1) of this
section.
(E)(1) An assistance group may continue to participate in
Ohio works first even though a public children services agency
removes the assistance
group's minor children from the assistance
group's home due to abuse, neglect,
or dependency if the agency
does both of the following:
(a) Notifies the county department of job and family
services at the time the agency removes the children
that it
believes the children will be able to return to the
assistance
group within six months;
(b) Informs the county department at the end of
each of the
first five months after the
agency removes the children
that the
parent, guardian,
custodian, or specified relative of the children
is
cooperating with
the case plans prepared for the children under
section 2151.412
of the Revised
Code and that the agency is
making
reasonable efforts to return the children to the assistance group.
(2) An assistance group may continue to participate in
Ohio
works first pursuant to division
(E)(1) of this section for not
more than six payment months. This division does not
affect
the
eligibility of an assistance group that includes a woman at
least
six months pregnant.
Sec. 5107.26. (A) As used in this section:
(1) "Transitional child
care" means publicly funded child care provided
under division (A)(3) of section
5104.34 of the Revised Code.
(2) "Transitional medicaid" means the medical
assistance provided under section
5111.023 5111.0115 of the Revised Code.
(B) Except as provided in division (C) of this section,
each member of an assistance group participating in Ohio works
first is ineligible
to participate in the program for
six payment months
if a county department of job and family services
determines that a
member of the assistance group terminated the
member's employment and each person who, on the day prior to the day
a recipient begins to receive transitional child care or transitional
medicaid, was a member of the recipient's assistance
group is ineligible to participate in Ohio works first for
six
payment
months if a county department determines
that the recipient terminated the
recipient's
employment.
(C) No assistance group member shall
lose or be denied eligibility to participate in Ohio works
first
pursuant to division (B) of
this section if the termination of employment was because an assistance
group member or recipient of transitional child care or transitional
medicaid secured comparable or better employment or the county department
of
job and family services certifies that the
member
or recipient terminated the employment
with just cause.
Just cause includes the following:
(1) Discrimination by an employer based on age, race,
sex, color, handicap, religious beliefs, or national origin;
(2) Work demands or conditions that render continued
employment unreasonable, such as working without being paid on
schedule;
(3) Employment that has become unsuitable due to any of
the following:
(a) The wage is less than the federal minimum wage;
(b) The work is at a site subject to a strike or
lockout, unless the strike has been enjoined under section 208
of the "Labor-Management
Relations Act," 61 Stat. 155 (1947), 29
U.S.C.A.
178, as amended, an injunction has been issued under section
10 of the "Railway Labor Act," 44 Stat.
586 (1926), 45 U.S.C.A.
160, as amended, or an injunction has been issued under section 4117.16
of the Revised Code;
(c) The documented degree of risk to
the member or recipient's health and
safety is
unreasonable;
(d) The member or recipient is physically or
mentally unfit to perform the employment, as documented by
medical evidence or by reliable information from other
sources.
(4) Documented illness of the
member or recipient or of another assistance
group member
of the member or recipient requiring the presence of the member or
recipient;
(5) A documented household emergency;
(6) Lack of adequate child care for children of the
member or recipient who are under six years of
age.
Sec. 5107.30. (A) As used in this section:
(1) "Equivalent of a high school diploma" and "good cause" have the meanings established in rules adopted under section 5107.05 of the Revised Code.
(2) "LEAP program" means the learning, earning, and
parenting program.
(2) "Teen" (3) "Participating teen" means an individual to whom all of the following apply:
(a) The individual is a participant of Ohio works
first who;
(b) The individual is under age
eighteen or is age eighteen and in school and is a natural or adoptive parent or is pregnant;
(c) The individual is subject to the LEAP program's requirements.
(3)(4) "School" means an educational program that is designed
to lead to the attainment of a high school diploma or the
equivalent of a high school diploma.
(B) The director of job and
family services may adopt rules under
section 5107.05 of the Revised Code, to the extent that
such rules
are consistent with federal law, to do all of the following:
(1) Define "good cause" and "the equivalent of a high
school diploma" for the purposes of this section;
(2) Conduct conduct
a program titled the "LEAP program" and establish requirements
governing
the program in accordance with rules adopted under section 5107.05 of the Revised Code. The purpose of the LEAP program is to encourage
teens to complete school.
(3) Require every Every participating teen who is subject to LEAP program
requirements to shall attend school in accordance with the requirements
governing the LEAP program unless the participating teen shows good cause for not
attending school. The department shall provide, in addition to
the cash assistance payment provided under Ohio works
first,
an incentive payment, in an amount determined by the department,
to every participating teen who is participating in the LEAP program and
attends school in accordance with the requirements governing the LEAP
program. In addition to the incentive payment, the department may provide other incentives to participating teens who attend school in accordance with the LEAP program's requirements. The department shall reduce the cash assistance
payment, in an
amount determined by the department, under Ohio works first to
every participating teen
participating in the LEAP program who
fails or refuses, without good cause, to meet the LEAP program's requirements governing the program.
(4) Require every Every participating teen who is subject to LEAP program
requirements to shall enter into a written agreement with the county department of
job and family services that provides specifies all of the
following:
(a)(1) The participating teen, to be eligible to receive the incentive
payment and other incentives, if any, under division (B)(3) of this section, must meet the requirements of the LEAP program.
(b)(2) The county department will provide the incentive
payment to the teen and other incentives, if any, will be provided if the participating teen meets the requirements of the LEAP program.
(c)(3) The county department will reduce the participating teen's cash assistance
payment under Ohio works
first will be reduced if the participating teen fails or
refuses without good cause to attend school in accordance with the requirements
governing the LEAP program.
(C) A minor head of household who is participating in the LEAP program
shall be considered to be participating in a work activity
for
the purpose of sections 5107.40 to
5107.69 of the Revised Code. However, the minor head of household is not
subject to the
requirements or sanctions of
those sections.
(D) Subject to the availability of funds, county departments of job and family services shall provide for LEAP participants participating teens to receive support services the county department determines to be necessary for LEAP participation. Support services may include publicly funded child care under Chapter 5104. of the Revised Code, transportation, and other services.
Sec. 5107.301. For the purpose of encouraging individuals who have successfully completed the requirements of the LEAP program to enroll in post-secondary education, the director of job and family services may provide an award to such individuals who enroll in post-secondary education. If provided, the award shall be provided in accordance with rules adopted under section 5107.05 of the Revised Code.
Sec. 5107.58. In
accordance with a federal waiver granted by
the United
States secretary of health and human services pursuant
to a request
made under former section 5101.09 of the Revised
Code, county departments of
job and family services may establish
and administer as a
work activity for minor heads
of households
and adults participating in
Ohio works first an education program
under which the participant is enrolled full-time in
post-secondary education
leading to vocation
at a state
institution of higher education, as defined in section
3345.031 of
the Revised
Code; a private nonprofit college or
university that
possesses a certificate of authorization issued by the
Ohio board
of regents pursuant to
Chapter 1713. of the
Revised Code,
or is
exempted by division (E) of section
1713.02 of the Revised
Code
from the requirement of a certificate; a
school that holds a
certificate of registration and program authorization
issued by
the state board of
career colleges
and schools under
Chapter
3332. of the
Revised Code;
a private
institution exempt from
regulation under Chapter 3332. of the
Revised Code as prescribed
in section 3333.046 of the Revised
Code; or a
school that has
entered into a contract with the county
department
of
job and
family services.
The participant shall make
reasonable
efforts,
as
determined by the county department, to
obtain a loan,
scholarship, grant, or
other assistance to pay for
the
tuition,
including a federal Pell grant
under 20
U.S.C.A.
1070a and, an
Ohio
instructional grant under
section 3333.12 of the
Revised Code, and an Ohio college opportunity grant under section 3333.122 of the Revised Code. If
the participant has made reasonable efforts but
is
unable to
obtain sufficient assistance to pay the tuition the
program may
pay the tuition. On or after October 1, 1998, the
county
department
may enter into a
loan agreement with the
participant to
pay the tuition. The total period for
which
tuition is paid and
loans made shall not exceed two years.
If
the participant,
pursuant to division
(B)(3) of section 5107.43 of
the Revised
Code, volunteers to participate
in the education
program for more
hours each week than the
participant is assigned
to the program,
the program may pay or the county
department may
loan the
cost of
the tuition for the additional voluntary hours as
well
as the cost
of the tuition for the assigned number of hours.
The participant
may receive, for not more than
three years,
support services,
including publicly funded child
care under
Chapter 5104. of
the Revised Code and transportation, that
the
participant needs to
participate in the program. To receive
support services in the
third year, the participant must be, as
determined by the
educational institution in which the participant
is enrolled, in
good standing with the institution.
A county department that provides loans under this section
shall establish
procedures governing loan application for and
approval and administration of
loans granted pursuant to this
section.
Sec. 5110.01. As used in this chapter:
(A) "Administrative fee" means the amount specified in rules adopted under division (G) of section 5110.35 of the Revised Code.
(B) "Children's health insurance program" means the children's health insurance program part I and part II established under sections 5101.50 to 5101.5110 of the Revised Code.
(C) "Disability medical assistance program" means the program established under section 5115.10 of the Revised Code.
(D) "Medicaid" means the medical assistance program established under Chapter 5111. of the Revised Code.
(E)(D) "National drug code number" means the number registered for a drug pursuant to the listing system established by the United States food and drug administration under the "Drug Listing Act of 1972," 86 Stat. 559, 21 U.S.C. 360, as amended.
(F)(E) "Ohio's best Rx program administrator" means the entity, if any, the department of job and family services contracts with pursuant to section 5110.10 of the Revised Code to perform administrative functions of the Ohio's best Rx program and to offer the mail order system through which Ohio's best Rx program participants may obtain drugs by mail.
(G)(F) "Ohio's best Rx program applicant" or "applicant" means an individual who signs an application for the Ohio's best Rx program and submits it to the department of job and family services, or the Ohio's best Rx program administrator, for a determination of eligibility for the program.
(H)(G) "Ohio's best Rx program participant" or "participant" means an individual determined eligible for the Ohio's best Rx program and included under a valid Ohio's best Rx program enrollment card.
(I)(H) "Ohio's best Rx program price" means the price a participating terminal distributor is to charge an Ohio's best Rx program participant for a drug included in the Ohio's best Rx program as determined under section 5110.14 of the Revised Code. "Ohio's best Rx program price" does not include either of the following:
(1) The amount of the professional fee, if any, the participating terminal distributor adds to the Ohio's best Rx program price pursuant to an agreement under section 5110.12 of the Revised Code;
(2) The amount of the administrative fee, if any, the department of job and family services reports to the participating terminal distributor under section 5110.29 of the Revised Code.
(J)(I) "Participating manufacturer" means a drug manufacturer participating in the Ohio's best Rx program pursuant to a rebate agreement.
(K)(J) "Participating terminal distributor" means a terminal distributor of dangerous drugs participating in the Ohio's best Rx program pursuant to an agreement entered into with the department of job and family services under section 5110.12 of the Revised Code.
(L)(K) "Per unit price," with regard to a state health benefit plan or state retirement system health benefit plan, means the total amount paid to a terminal distributor of dangerous drugs under a state health benefit plan or state retirement system health benefit plan for one unit of a drug covered by the plan, after the plan discounts or otherwise reduces the amount to be paid to the terminal distributor. "Per unit price" includes both of the following:
(1) The amount that the state health benefit plan or state retirement system health benefit plan, or other government entity or person authorized to make the payment on behalf of the plan, pays to the terminal distributor of dangerous drugs;
(2) The amount that the beneficiary of the state health benefit plan or state retirement system health benefit plan pays to the terminal distributor of dangerous drugs in the form of a copayment, coinsurance, or other cost-sharing charge.
(M)(L) "Per unit rebate," with regard to a state health benefit plan or state retirement system health benefit plan, means all rebates, discounts, formulary fees, administrative fees, and other allowances a drug manufacturer pays to the plan, or other government entity or person authorized to receive all or part of such payments, for a drug during a calendar year, divided by the total number of units of that drug dispensed under the plan during the same calendar year.
(N)(M) "Rebate administration percentage" means the percentage specified in rules adopted under division (K) of section 5110.35 of the Revised Code.
(O)(N) "Rebate agreement" means an agreement under section 5110.21 of the Revised Code between the department of job and family services and a drug manufacturer.
(P)(O) "State health benefit plan" means a program of health care benefits offered through the Ohio med preferred provider organization, or a successor entity selected by the state, to which either of the following apply:
(1) It is provided by a collective bargaining agreement authorized by division (A)(4) of section 4117.03 of the Revised Code.
(2) It is offered by the department of administrative services to state employees in accordance with section 124.81 or 124.82 of the Revised Code.
(Q)(P) "State retirement system" means all of the following: the public employees retirement system, state teachers retirement system, school employees retirement system, Ohio police and fire pension fund, and state highway patrol retirement system.
(R)(Q) "State retirement system health benefit plan" means a plan of health care benefits offered by a state retirement system under section 145.58, 742.45, 3307.39, 3309.69, or 5505.28 of the Revised Code.
(S)(R) "Terminal distributor of dangerous drugs" has the same meaning as in section 4729.01 of the Revised Code.
(T)(S) "Third-party payer" has the same meaning as in section 3901.38 of the Revised Code.
(U)(T) "Trade secret" has the same meaning as in section 1333.61 of the Revised Code.
(V)(U) "Usual and customary charge" means the amount a participating terminal distributor or the Ohio's best Rx program administrator charges for a drug included in the program to an individual who does not receive a discounted price for the drug pursuant to any drug discount program, including the Ohio's best Rx program, a prescription drug discount card program established under section 173.061 of the Revised Code, or a pharmacy assistance program established by any person or government entity, and for whom no third-party payer or program funded in whole or part with state or federal funds is responsible for all or part of the cost of the drug the distributor dispenses to the individual.
Sec. 5110.05. (A) To be eligible for the Ohio's best Rx program, an individual must meet all of the following requirements at the time of application or reapplication for the program:
(1) Be a resident of this state;
(2) Have family income, as determined under rules adopted pursuant to section 5110.35 of the Revised Code, that does not exceed two hundred fifty per cent of the federal poverty guidelines, as revised annually by the United States department of health and human services in accordance with section 673(2) of the "Omnibus Budget Reconciliation Act of 1981," 95 Stat. 511, 42 U.S.C. 9902, as amended, or be sixty years of age or older;
(3) Not have outpatient prescription drug coverage paid for in whole or in part by any of the following:
(b) The medicaid program;
(c) The children's health insurance program;
(d) The disability medical assistance program;
(e) Another health plan or pharmacy assistance program that uses state or federal funds to pay part or all of the cost of the individual's outpatient prescription drugs, other than a prescription drug discount card program established under section 173.061 of the Revised Code.
(4) Not have had outpatient prescription drug coverage specified in division (A)(3) of this section during any of the four months preceding the month in which the application or reapplication for the Ohio's best Rx program is made, unless any of the following applies:
(a) The individual is sixty years of age or older.
(b) The third-party payer that paid all or part of the coverage filed for bankruptcy under federal bankruptcy laws.
(c) The individual is no longer eligible for coverage provided through a retirement plan subject to protection under the "Employee Retirement Income Security Act of 1974," 88 Stat. 832, 29 U.S.C. 1001, as amended.
(d) The individual is no longer eligible for the medicaid program, or children's health insurance program, or disability medical assistance program.
(B) Application and annual reapplication for the Ohio's best Rx program shall be made in accordance with rules adopted under section 5110.35 of the Revised Code on a form prescribed in those rules. An individual may apply or reapply on behalf of the individual and the individual's spouse and children. The guardian or custodian of an individual may apply or reapply on behalf of the individual.
Sec. 5110.352. As used in this section, "medicaid dispensing fee" means the dispensing fee established under section 5111.08 5111.071 of the Revised Code for the medicaid program.
In adopting a rule under division (F) of section 5110.35 of the Revised Code increasing the maximum amount of the professional fee participating terminal distributors may charge Ohio's best Rx program participants under section 5110.12 of the Revised Code and the Ohio's best Rx program administrator may charge under a contract entered into under section 5110.10 of the Revised Code, the department of job and family services shall review the amount of the professional fee once a year or, at the department's discretion, at more frequent intervals and shall not increase the professional fee to an amount exceeding the medicaid dispensing fee.
A participating terminal distributor and the Ohio's best Rx program administrator may charge a maximum three dollar professional fee regardless of whether the medicaid dispensing fee for that drug is less than that amount. The department, however, may not adopt a rule increasing the maximum professional fee for that drug until the medicaid dispensing fee for that drug exceeds that amount.
Sec. 5110.39. Not later than April 1, 2005 the first day of March of each year, the department of job and family services shall do all of the following:
(A) Create a list of the twenty-five drugs most often dispensed to Ohio's best Rx program participants under the program, using data from the most recent six-month period for which the data is available;
(B) Determine the average amount that participating terminal distributors charge, on a date selected by the department, participants for each drug included on the list created under division (A) of this section;
(C) Determine, for the date selected for division (B) of this section, the average usual and customary charge of participating terminal distributors for each drug included on the list created under division (A) of this section;
(D) By comparing the average charges determined under divisions (B) and (C) of this section, determine the average percentage savings in the amount participating terminal distributors charge Ohio's best Rx program participants for each drug included on the list created under division (A) of this section.
Sec. 5111.011. (A) As used in this section:
(1) "Intermediate care facility for the mentally retarded" has the same meaning as in section 5111.20 of the Revised Code.
(2) "Nursing facility" means a facility defined as a
nursing facility under Sec. 1919 of the "Social Security Act," 49
Stat. 620 (1935), 42 U.S.C. 1396r, as amended has the same meaning as in section 5111.20 of the Revised Code.
(2)(3) "Institutionalized individual" means an individual who
is a patient in a nursing facility or who receives home and
community-based services under a federal waiver granted the
department of job and family services under 42 U.S.C.
1396a(10)(A)(ii)(VI).
(B) Subject to this section, the director of
job and family services shall, pursuant to section 111.15
of the Revised Code,
adopt rules establishing eligibility requirements for the medical
assistance medicaid program and defining, consistent with federal law, the
term "resources" as used in this section.
(C) In determining eligibility for medical assistance the medicaid program, the following shall apply with respect to real property used by an aged, blind or disabled applicant or recipient as a homestead or principal place of residence:
(1) The value of real the
property of aged, blind, or disabled persons
used
as a homestead by such persons shall be the maximum allowed under
Title XVI of the "Social Security Act."," 86 Stat. 1329 (1972), 42 U.S.C. 1381;
(2) Except as provided in division (C)(3) of this section, the department of job and family services may consider the property to not be the homestead or principal place of residence of the applicant or recipient if the applicant or recipient resides in a nursing facility, intermediate care facility for the mentally retarded, or other medical institution for thirteen months or longer.
(3) Division (C)(2) of this section does not apply if any of the following individuals reside in the applicant's or recipient's real property used as a homestead or principal place of residence:
(a) The applicant's or recipient's spouse;
(b) A son or daughter of the applicant or recipient, if the son or daughter is under twenty-one years of age or blind or disabled in accordance with rules adopted by the director of job and family services;
(c) A son or daughter of the applicant or recipient, if the son or daughter is financially dependent on the applicant or recipient for housing in accordance with rules adopted by the director of job and family services;
(d) A sibling of the applicant or recipient, if the sibling has a verified equity and ownership interest in the real property and has resided in the real property for at least one year immediately before the date the applicant or recipient was admitted to the nursing facility, intermediate care facility for the mentally retarded, or other medical institution.
(D) Except as provided in division (G) of this
section,
no person is eligible for medical assistance the medicaid program if on or
prior to December 31, 1989, the person has transferred real
or personal property for the purpose of securing medical assistance under
section 5111.01 of the Revised Code medicaid eligibility and the transfer occurred
during the two years preceding the person's application. In
order to secure compliance with this division, the director of job and
family services
shall require all applicants for assistance medicaid to submit
true and correct copies of any federal income or gift tax form or
schedule filed, singly or jointly, by the applicant during the
preceding five taxable years. Such copies, and the information
disclosed thereon, shall be used solely for the purpose of
determining the probability of whether the applicant has
transferred assets in violation of this division. The director
shall provide for the confidentiality and return of any copies of
forms or schedules submitted under this division. Where such
copies reveal the probability that an applicant has transferred
assets in violation of this division, a presumption arises that
the applicant has transferred assets in violation of this
division, and the director shall deny the application until the
applicant submits a true and accurate expenditure statement to
the director that shows the applicant did not violate this
division. The director of job and family services shall adopt rules to
implement this provision.
(E)(1) Except as provided in division divisions (E)(2) and (G) of this
section, an institutionalized individual who is otherwise
eligible for medical assistance medicaid shall be ineligible for nursing
facility services or services provided under a home and
community-based waiver for a period specified in rules adopted
under division (E)(2)(3) of this section if the institutionalized
individual or individual's spouse, on or after January 1, 1990, transfers resources for less than
fair market value at
any time during or after a period of time, as specified in rules
adopted under division (E)(2) of this section, the five-year period immediately prior
to either of the following:
(a) The date the individual becomes an institutionalized
individual if the individual is eligible for medical
assistance medicaid on that date;
(b) The date the individual applies for medical assistance medicaid
while an institutionalized individual.
(2) The director shall apply to the United States secretary of health and human services for a waiver of federal law governing the medicaid program as necessary for the implementation of the five-year look-back period provided for by division (E)(1) of this section. If a waiver is not approved, the look-back period shall be the period of time specified in 42 U.S.C. 1396p(c).
(3) The director shall adopt rules specifying, for
the
purpose of division (E)(1) of this section, the period of time
preceding institutionalization or application for medical
assistance during which transfers of assets for less than fair
market value are prohibited and the length of the resulting
period of ineligibility due to transfers of resources for less than fair market value on or after the look-back date. The period of ineligibility shall begin
with the month in which the resources were transferred. The
rules shall be consistent with Title XIX of the "Social Security
Act.," 79 Stat. 286 (1965), 42 U.S.C. 1396. The department shall allow exceptions to the period of
ineligibility to the extent that exceptions are permitted by that
title. An exception based on undue hardship to the
institutionalized individual shall be allowed only so long as the
individual cooperates with the department or the county department of
job and family
services in securing the return of
transferred resources.
(3)(4) To secure compliance with this division, the
department may require applicants for and recipients of medical
assistance medicaid, as a condition of eligibility, to provide
documentation of their income and resources up to five years
prior to the time of application date the individual becomes an institutionalized individual if the individual is eligible for medicaid on that date or the date the individual applies for medicaid while an institutionalized individual. Documentation may include, but
is not limited to, tax returns, records from financial
institutions, and real property records.
(F) The director shall, by rule adopted in
accordance
with section 111.15 of the Revised Code, establish standards
consistent with federal law for allocating income and resources
as income and resources of the spouse, children, parents, or
stepparents of a recipient of or applicant for medical
assistance medicaid. Notwithstanding any provision of state law,
including statutes, administrative rules, common law, and court
rules, regarding real or personal property or domestic relations,
the standards established under this division shall be used to
determine eligibility for medical assistance medicaid.
(G) The director
may, by rule adopted in accordance with section 111.15 of the
Revised
Code, exempt individuals who
apply for or receive any medical assistance medicaid that may be provided
pursuant to division (C) of
section 5111.01 of the Revised
Code from some or all of the
requirements of this section.
Sec. 5111.019. (A) The director of job and family
services
shall submit
to the United States secretary of health and human
services
an
amendment to the state medicaid plan to make an
individual who meets all of
the following requirements eligible
for medicaid for the
amount of time provided by division (B) of
this section:
(1) The individual is the parent of a child under nineteen
years
of age and resides with the child;
(2) The individual's family income does not exceed one
hundred
ninety per cent of the federal poverty guidelines;
(3) The individual is not otherwise eligible for medicaid;
(4) The individual satisfies all relevant requirements
established by rules adopted under division (D) of section 5111.01
of the Revised Code.
(B) An individual is eligible to receive medicaid under this
section for a period that does not exceed two years beginning on
the date
on which eligibility is established.
(C) If approved by the United States secretary
of health and
human services and the director of job and family
services, the
director
shall implement the medicaid plan amendment submitted
under this
section not sooner than July 1, 2000. If a federal
waiver is
necessary for the United States secretary to approve the
amendment, the director of job and family services shall
submit a
waiver request
to the United States secretary not later than
ninety days
after
the effective date of this section.
Sec. 5111.0112. The (A) Not later than July 1, 2006, the director of job and family services
shall
examine instituting institute a copayment program under medicaid. As
part
of the examination, the director shall determine which groups
of
medicaid recipients may be subjected to a copayment requirement
under The copayment program shall establish a copayment requirement for only dental services, vision services, nonemergency emergency department services, and prescription drugs, other than generic drugs, to the extent permitted by federal statutes and regulations. If,
on
completion of the examination, the director determines that it
is feasible to institute such a copayment program, the director
may seek approval from the United States secretary of health and
human services to institute the copayment program. If necessary,
the director may seek approval by applying for a waiver of federal
statutes and regulations. If such approval is obtained, the The
director shall adopt rules in
accordance with Chapter 119. under section 5111.02 of the
Revised Code governing the
copayment program.
(B) The copayment program shall, to the extent permitted by federal law, provide for all of the following with regard to any providers participating in the medicaid program:
(1) No provider shall refuse to provide a service to a medicaid recipient who is unable to pay a required copayment for the service.
(2) Division (B)(1) of this section shall not be considered to do either of the following with regard to a medicaid recipient who is unable to pay a required copayment:
(a) Relieve the medicaid recipient from the obligation to pay a copayment;
(b) Prohibit the provider from attempting to collect an unpaid copayment.
(3) No provider shall waive a medicaid recipient's obligation to pay the provider a copayment.
(4) No provider or drug manufacturer, including the manufacturer's representative, employee, independent contractor, or agent, shall pay any copayment on behalf of a medicaid recipient.
(5) If it is the routine business practice of the provider to refuse service to any individual who owes an outstanding debt to the provider, the provider may consider an unpaid copayment imposed by the copayment program as an outstanding debt and may refuse service to a medicaid recipient who owes the provider an outstanding debt. If the provider intends to refuse service to a medicaid recipient who owes the provider an outstanding debt, the provider shall notify the individual of the provider's intent to refuse services.
Sec. 5111.0114. (A) As used in this section, "dangerous drug" and "manufacturer of dangerous drugs" have the same meaning as in section 4729.01 of the Revised Code.
(B) The director of job and family services may enter into or administer an agreement or cooperative arrangement with other states to create or join a multiple-state prescription drug purchasing program for the purpose of negotiating with manufacturers of dangerous drugs to receive discounts or rebates for dangerous drugs dispensed under the medicaid program.
Sec. 5111.023 5111.0115. (A) The department of job and family
services may
provide medical assistance under Title XIX of the "Social
Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as amended, in
addition to such assistance provided under section 5111.01 of the
Revised Code the medicaid program, as long as federal funds are provided for such
assistance, to each former participant of
the
Ohio works first program established under
Chapter 5107. of the Revised Code who meets all of the following
requirements:
(1) Is ineligible to participate in Ohio works first solely
as a
result of increased income due to employment;
(2) Is not covered by, and does not have access to,
medical insurance coverage through the employer with benefits
comparable to those provided under this section, as determined in
accordance with rules adopted by the director of
job and family services
under division (B) of this section;
(3) Meets any other requirement established by rule
adopted under division (B) of this section.
(B) The director of job and
family services shall adopt such
rules under Chapter 119. of the Revised Code as are necessary to
implement and administer the medical assistance program under
this section.
(C) A person seeking to participate in a program of
medical assistance under this section shall apply to the county department of
job and family services in the county in which the
applicant
resides. The
application shall be made on a form prescribed by
the department of job and family services and
furnished by the
county department.
(D) If the county department of job and family services
determines
that a person is eligible to receive medical assistance under
this section, the department shall provide assistance, to the
same extent and in the same manner as medical assistance is
provided to a person eligible for medical assistance pursuant to
division (A)(1)(a) of section 5111.01
of the Revised Code, for no longer than twelve months,
beginning the month after the date the participant's eligibility for
Ohio works first is terminated.
Sec. 5111.02. The director of job and family services shall adopt, and may amend or rescind, rules under Chapter 119. of the Revised Code establishing the amount, duration, and scope of medicaid services. The rules shall be consistent with federal and state law. The rules may be different for different medicaid services. The rules shall establish all of the following:
(A) The conditions under which the medicaid program shall cover and reimburse medicaid services;
(B) The method of reimbursement applicable to each medicaid service;
(C) The amount of reimbursement or, in lieu of amounts, methods by which amounts are to be determined for each medicaid service;
(D) Procedures for enforcing the rules adopted under this section that provide due process protections, including procedures for corrective action plans for, and imposing financial and administrative sanctions on, persons and government entities that violate the rules.
Sec. 5111.02 5111.021. (A) Under the medical assistance medicaid program:
(1)(A)
Except as otherwise permitted by federal
statute or
regulation and at the department's discretion,
reimbursement by
the department of job and family
services to a
medical provider
for any medical service rendered under the
program shall not
exceed the authorized reimbursement level for
the same service
under the medicare program established under
Title XVIII of the
"Social Security Act," 49 79 Stat. 620 286 (1935 1965), 42
U.S.C.A. 301 1395, as
amended.
(2)(B) Reimbursement for freestanding medical laboratory
charges shall not exceed the customary and usual fee for
laboratory profiles.
(3)(C) The department may deduct from payments for services
rendered by a medicaid provider under the medical assistance medicaid
program any amounts the provider owes the state as the result of
incorrect medical assistance medicaid payments the department has made to
the provider.
(4)(D) The department may conduct final fiscal audits in
accordance with the applicable requirements set forth in federal
laws and regulations and determine any amounts the provider may
owe the state. When conducting final fiscal audits, the
department shall consider generally accepted auditing standards,
which include the use of statistical sampling.
(5)(E)
The number of days of inpatient hospital care for
which
reimbursement is made on behalf of a medicaid recipient of medical
assistance to a hospital that is not paid under a
diagnostic-related-group prospective payment system shall not
exceed thirty days during a period beginning on the day of the
recipient's admission to the hospital and ending sixty days after
the termination of that hospital stay, except that the department
may make exceptions to this limitation. The limitation does not
apply to children participating in the program for medically
handicapped children established under section 3701.023 of the
Revised Code.
(B) The director of job and family services may adopt,
amend, or
rescind rules under Chapter 119. of the Revised Code
establishing
the amount, duration, and scope of medical services
to be
included in the medical assistance program. Such rules
shall
establish the conditions under which services are covered
and
reimbursed, the method of reimbursement applicable to each
covered service, and the amount of reimbursement or, in lieu of
such amounts, methods by which such amounts are to be determined
for each covered service. Any rules that pertain to nursing
facilities or intermediate care facilities for the mentally
retarded shall be consistent with sections 5111.20 to 5111.33 of
the Revised Code.
(C)(F) The division of any reimbursement between a
collaborating
physician or podiatrist and a clinical nurse
specialist, certified
nurse-midwife, or certified nurse
practitioner for services performed by the
nurse shall be
determined and agreed on by the nurse and collaborating
physician
or podiatrist. In no case shall reimbursement exceed the payment
that the physician or podiatrist would have received had the
physician or
podiatrist provided the entire
service.
Sec. 5111.021 5111.022. Under the medical assistance medicaid program, any
amount determined to be owed the state by a final fiscal audit
conducted pursuant to division (A)(4)(D) of section 5111.02 5111.021 of the
Revised Code, upon the issuance of an adjudication order pursuant
to Chapter 119. of the Revised Code that contains a finding that
there is a preponderance of the evidence that the provider will
liquidate assets or file bankruptcy in order to prevent payment
of the amount determined to be owed the state, becomes a lien
upon the real and personal property of the provider. Upon
failure of the provider to pay the amount to the state, the
director of job and family services shall file notice of the lien, for
which there shall be no charge, in the office of the county
recorder of the county in which it is ascertained that the
provider owns real or personal property. The director shall
notify the provider by mail of the lien, but absence of proof
that the notice was sent does not affect the validity of the
lien. The lien is not valid as against the claim of any
mortgagee, pledgee, purchaser, judgment creditor, or other
lienholder of record at the time the notice is filed.
If the provider acquires real or personal property after
notice of the lien is filed, the lien shall not be valid as
against the claim of any mortgagee, pledgee, subsequent bona fide
purchaser for value, judgment creditor, or other lienholder of
record to such after-acquired property unless the notice of lien
is refiled after the property is acquired by the provider and
before the competing lien attaches to the after-acquired property
or before the conveyance to the subsequent bona fide purchaser
for value.
When the amount has been paid, the provider may record with
the recorder notice of the payment. For recording such notice of
payment, the recorder shall charge and receive from the provider
a base fee of one dollar for services and a housing trust fund fee of one dollar pursuant to section 317.36 of the Revised Code.
In the event of a distribution of a provider's assets
pursuant to an order of any court under the law of this state
including any receivership, assignment for benefit of creditors,
adjudicated insolvency, or similar proceedings, amounts then or
thereafter due the state under this chapter have the same
priority as provided by law for the payment of taxes due the
state and shall be paid out of the receivership trust fund or
other such trust fund in the same manner as provided for claims
for unpaid taxes due the state.
If the attorney general finds after investigation that any
amount due the state under this chapter is uncollectable, in
whole or in part, the attorney general shall recommend to the
director the cancellation of all or part of the claim. The director may
thereupon effect the cancellation.
Sec. 5111.022 5111.023. (A) As used in this section:
(1) "Community mental health facility" means a community mental health facility that has a quality assurance program accredited by the joint commission on accreditation of healthcare organizations or is certified by the department of mental health or department of job and family services.
(2) "Mental health professional" means a person qualified to work with mentally ill persons under the standards established by the director of mental health pursuant to section 5119.611 of the Revised Code.
(B) The state medicaid plan shall include provision of the
following mental health services when provided by community mental health facilities:
(1) Outpatient mental health services, including, but not
limited to, preventive, diagnostic, therapeutic, rehabilitative,
and palliative interventions rendered to individuals in an
individual or group setting by a mental health professional in
accordance with a plan of treatment appropriately established,
monitored, and reviewed;
(2) Partial-hospitalization mental health services of
three
to fourteen hours per service day, rendered by persons
directly
supervised by a mental health professional;
(3) Unscheduled, emergency mental health services of a
kind
ordinarily provided to persons in crisis when rendered by
persons
supervised by a mental health professional;
(4) Subject to receipt of federal approval, assertive community treatment and intensive home-based mental health services.
(C) The comprehensive annual plan shall certify the
availability of sufficient unencumbered community mental health
state subsidy and local funds to match federal medicaid reimbursement
funds earned by community mental health facilities.
(D) The department of job and family services
shall
enter
into a separate contract with the department of mental
health under section 5111.91 of the Revised Code with regard to the component of the medicaid program provided for by this section.
(E) Not later than July 21, 2004 2006, the department of job and family services shall request federal approval to provide assertive community treatment and intensive home-based mental health services under medicaid pursuant to this section.
(F) On receipt of federal approval sought under division (E) of this section, the director of job and family services shall adopt rules in accordance with Chapter 119. of the Revised Code for assertive community treatment and intensive home-based mental health services provided under medicaid pursuant to this section. The director shall consult with the department of mental health in adopting the rules.
Sec. 5111.025. (A) In rules adopted under section 5111.02 of the Revised Code, the director of job and family services shall modify the manner or establish a new manner in which the following are paid under medicaid:
(1) Community mental health facilities for providing mental health services included in the state medicaid plan pursuant to section 5111.022 5111.023 of the Revised Code;
(2) Providers of alcohol and drug addiction services for providing alcohol and drug addiction services included in the medicaid program pursuant to rules adopted under section 5111.02 of the Revised Code.
(B)
The director's authority to modify the manner, or to establish a new manner, for medicaid to pay for the services specified in division (A) of this section is not limited by any rules adopted under section 5111.02 or 5119.61 of the Revised Code that are in effect on the effective date of this section June 26, 2003, and govern the way medicaid pays for those services. This is the case regardless of what state agency adopted the rules.
Sec. 5111.027. If the medicaid program provides prescription drug services to medicaid recipients, the program shall not provide reimbursement for prescription drugs for treatment of erectile dysfunction.
Sec. 5111.042. The departments of mental retardation and
developmental disabilities and job and family services may
approve, reduce, deny, or terminate a service included in the
individualized service plan developed for a medicaid recipient
with mental retardation or other developmental disability who is
eligible for medicaid case management services. The departments
shall consider the recommendations a county board of mental
retardation and developmental disabilities makes under division
(B)(1) of section 5126.055 of the Revised Code. If either
department approves, reduces, denies, or terminates a service,
that
department shall timely notify the medicaid recipient that
the
recipient may request a hearing under section 5101.35 of the
Revised Code.
Sec. 5111.06. (A)(1) As used in this section and in sections 5111.061 and 5111.062 of the Revised Code:
(a)
"Provider" means any person, institution, or entity
that
furnishes medicaid services under a provider agreement with
the
department of job and family services pursuant to Title XIX of the
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as
amended.
(b)
"Party" has the same meaning as in division (G) of
section 119.01 of the Revised Code.
(c)
"Adjudication" has the same meaning as in division (D)
of section 119.01 of the Revised Code.
(2) This section does not apply to any action taken by the
department of job and family services under sections 5111.35 to
5111.62
of
the Revised Code.
(B) Except as provided in division (D) of this section and section 5111.914 of the Revised Code,
the
department shall do either of the following by issuing an
order
pursuant to an adjudication conducted in accordance with
Chapter
119. of the Revised Code:
(1) Enter into or refuse to enter into a provider
agreement
with a provider, or suspend, terminate, renew, or
refuse to renew
an existing provider agreement with a provider;
(2) Take any action based upon a final fiscal audit of a
provider.
(C) Any party who is adversely affected by the issuance of
an adjudication order under division (B) of this section may
appeal to the court of common pleas of Franklin county in
accordance with section 119.12 of the Revised Code.
(D) The department is not required to comply with division
(B)(1) of this section whenever any of the following occur:
(1) The terms of a provider agreement require the provider
to have a license, permit, or certificate issued by an official,
board, commission, department, division, bureau, or other agency
of state government other than the department of job and family
services,
and the license, permit, or certificate has been denied
or
revoked.
(2) The provider agreement is denied, terminated, or not
renewed pursuant to division (C) or (E) of section 5111.03 of the
Revised Code;
(3) The provider agreement is denied, terminated, or not
renewed due to the provider's termination, suspension, or
exclusion from the medicare program established under Title XVIII
of the
"Social Security Act," and the termination, suspension, or
exclusion is binding on the provider's participation in the
medicaid program;
(4) The provider agreement is denied, terminated, or not
renewed due to the provider's pleading guilty to or being
convicted of a criminal activity materially related to either the
medicare or medicaid program;
(5) The provider agreement is denied, terminated, or
suspended as a result of action by the United States department
of
health and human services and that action is binding on the
provider's participation in the medicaid program;
(6) The provider agreement is terminated or not renewed because the provider has not billed or otherwise submitted a medicaid claim to the department for two years or longer, and the department has determined that the provider has moved from the address on record with the department without leaving an active forwarding address with the department.
In the case of a provider described in division (D)(6) of this section, the department may terminate or not renew the provider agreement by sending a notice explaining the department's proposed action to the address on record with the department. The notice may be sent by regular mail.
(E) The department may withhold payments for services
rendered by a medicaid provider under the medical assistance
program during the pendency of proceedings initiated under
division (B)(1) of this section. If the proceedings are
initiated
under division (B)(2) of this section, the department
may withhold
payments only to the extent that they equal amounts
determined in
a final fiscal audit as being due the state. This
division does
not apply if the department fails to comply with
section 119.07 of
the Revised Code, requests a continuance of the
hearing, or does
not issue a decision within thirty days after
the hearing is
completed. This division does not apply to
nursing facilities and
intermediate care facilities for the
mentally retarded as defined in section 5111.20 of the
Revised Code.
Sec. 5111.061. (A) The department of job and family services may recover a medicaid payment or portion of a payment made to a provider to which the provider is not entitled. The recovery may occur at any time during the five-year period immediately following the end of the state fiscal year in which the overpayment was made.
(B) Among the overpayments that may be recovered under this section are the following:
(1) Payment for a service, or a day of service, not rendered;
(2) Payment for a day of service at a full per diem rate that should have been paid at a percentage of the full per diem rate;
(3) Payment for a service, or day of service, that was paid by, or partially paid by, a third-party, as defined in section 5101.571 of the Revised Code, and the third-party's payment or partial payment was not offset against the amount paid by the medicaid program to reduce or eliminate the amount that was paid by the medicaid program;
(4) Payment when a medicaid recipient's responsibility for payment was understated and resulted in an overpayment to the provider.
(C) During the period specified in division (A) of this section, the department may recover an overpayment under this section prior to or after any of the following:
(1) Adjudication of a final fiscal audit that section 5111.06 of the Revised Code requires to be conducted in accordance with Chapter 119. of the Revised Code;
(2) Adjudication of a finding under any other provision of this chapter or the rules adopted under it;
(3) Expiration of the time to issue a final fiscal audit that section 5111.06 of the Revised Code requires to be conducted in accordance with Chapter 119. of the Revised Code;
(4) Expiration of the time to issue a finding under any other provision of this chapter or the rules adopted under it.
(D)(1) Subject to division (D)(2) of this section, the recovery of an overpayment under this section does not preclude the department from subsequently doing the following:
(a) Issuing a final fiscal audit in accordance with Chapter 119. of the Revised Code, as required under section 5111.06 of the Revised Code;
(b) Issuing a finding under any other provision of this chapter or the rules adopted under it.
(2) A final fiscal audit or finding issued subsequent to the recovery of an overpayment under this section shall be reduced by the amount of the prior recovery, as appropriate.
(E) Nothing in this section limits the department's authority to recover overpayments pursuant to any other provision of the Revised Code.
Sec. 5111.062. In any action taken by the department of job and family services under section 5111.06 or 5111.061 of the Revised Code or any other provision of this chapter that requires the department to give notice of an opportunity for a hearing in accordance with Chapter 119. of the Revised Code, if the department gives notice of the opportunity for a hearing but the provider or other entity subject to the notice does not request a hearing or timely request a hearing in accordance with section 119.07 of the Revised Code, the department is not required to hold a hearing. The director of job and family service may proceed by issuing a final adjudication order in accordance with Chapter 119. of the Revised Code.
Sec. 5111.082. The director of job and family services, in
rules adopted under section 5111.02 of the Revised Code, may
establish and implement a supplemental drug
rebate program under
which drug manufacturers may be required to
provide the department
of job and family services a supplemental
rebate as a condition of
having the drug manufacturers' drug
products covered by the
medicaid program without prior approval. The department may receive a supplemental rebate negotiated under the program for a drug dispensed to a medicaid recipient pursuant to a prescription or a drug purchased by a medicaid provider for administration to a medicaid recipient in the provider's primary place of business.
If necessary, the
director may apply to the United States secretary of health and
human services for a waiver of federal statutes and regulations to
establish the supplemental drug rebate program.
If the director establishes a supplemental drug rebate
program,
the director shall consult with drug manufacturers
regarding the
establishment and implementation of the program.
If the director establishes a supplemental drug rebate
program, the director shall exempt from the program all of a
drug
manufacturer's drug products that have been approved by the
United
States food and drug administration for the treatment of
either of
the following:
(A) Mental illness, as defined in section 5122.01 of the
Revised Code, including schizophrenia, major
depressive disorder,
and bipolar disorder;
(B) HIV or AIDS, both as defined in section 3701.24 of the
Revised Code.
Sec. 5111.083. (A) As used in this section:
(1) "State maximum allowable cost" means the per unit amount the department of job and family services reimburses a terminal distributor of dangerous drugs for a prescription drug included in the state maximum allowable cost program established under division (B) of this section. "State maximum allowable cost" excludes dispensing fees and copayments, coinsurance, or other cost-sharing charges, if any.
(2) "Terminal distributor of dangerous drugs" has the same meaning as in section 4729.01 of the Revised Code.
(B) The director of job and family services shall establish a state maximum allowable cost program for purposes of managing reimbursement to terminal distributors of dangerous drugs for prescription drugs identified by the director pursuant to this division. The director shall do all of the following with respect to the program:
(1) Identify and create a list of prescription drugs to be included in the program.
(2) Update the list of prescription drugs described in division (B)(1) of this section on a weekly basis.
(3) Review the state maximum allowable cost for each drug included on the list described in division (B)(1) of this section on a weekly basis.
(C) The director may adopt rules in accordance with Chapter 119. of the Revised Code to implement this section.
Sec. 5111.084. (A) As used in this section, "licensed health professional authorized to prescribe drugs" has the same meaning as in section 4729.01 of the Revised Code.
(B) The director of job and family services may establish an e-prescribing system for the medicaid program under which a medicaid provider who is a licensed health professional authorized to prescribe drugs shall use an electronic system to prescribe a drug for a medicaid recipient when required to do so by division (C) of this section. The e-prescribing system shall eliminate the need for such medicaid providers to make prescriptions for medicaid recipients by handwriting or telephone. The e-prescribing system also shall provide such medicaid providers with an up-to-date, clinically relevant drug information database and a system of electronically monitoring medicaid recipients' medical history, drug regimen compliance, and fraud and abuse.
(C) If the director establishes an e-prescribing system under division (B) of this section, the director shall do all of the following:
(1) Require that a medicaid provider who is a licensed health professional authorized to prescribe drugs use the e-prescribing system during a fiscal year if the medicaid provider was one of the ten medicaid providers who, during the calendar year that precedes that fiscal year, issued the most prescriptions for medicaid recipients receiving hospital services;
(2) Before the beginning of each fiscal year, determine the ten medicaid providers that issued the most prescriptions for medicaid recipients receiving hospital services during the calendar year that precedes the upcoming fiscal year and notify those medicaid providers that they must use the e-prescribing system for the upcoming fiscal year;
(3) Seek the most federal financial participation available for the development and implementation of the e-prescribing system.
Sec. 5111.81 5111.085.
There is hereby established the pharmacy
and
therapeutics committee of the department of job and family
services. The
committee
shall consist of eight nine members and shall
be appointed by the director
of job and family services. The
membership of the
committee shall include: two three
pharmacists
licensed under Chapter 4729. of the Revised Code; two doctors of
medicine and two doctors of osteopathy licensed under Chapter
4731. of the
Revised Code; a registered nurse licensed under
Chapter 4723. of the Revised
Code; and a pharmacologist who has a
doctoral degree. The committee shall
elect one of its members as
chairperson.
Sec. 5111.10. The director of job and family services may conduct reviews of the medicaid program. The reviews may include physical inspections of records and sites where medicaid-funded services are provided and interviews of providers and recipients of the services. If the director determines pursuant to a review that a person or government entity has violated a rule governing the medicaid program, the director may establish a corrective action plan for the violator and impose fiscal, administrative, or both types of sanctions on the violator in accordance with rules governing the medicaid program. Such action to be taken against a responsible entity, as defined in section 5101.24 of the Revised Code, shall be taken in accordance with that section.
Sec. 5111.11. (A) As used in this section, "estate" means all and section 5111.111 of the Revised Code:
(1) "Estate" includes both of the following:
(a) All real and personal property and other assets to be
administered
under Title XXI of the Revised Code and property that would be administered
under that title if not for section 2113.03 or 2113.031 of the
Revised Code;
(b) Any other real and personal property and other assets in which an individual had any legal title or interest at the time of death (to the extent of the interest), including assets conveyed to a survivor, heir, or assign of the individual through joint tenancy, tenancy in common, survivorship, life estate, living trust, or other arrangement.
(2) "Institution" means a nursing facility, intermediate care facility for the mentally retarded, or a medical institution.
(3) "Intermediate care facility for the mentally retarded" and "nursing facility" have the same meanings as in section 5111.20 of the Revised Code.
(4) "Permanently institutionalized individual" means an individual to whom all of the following apply:
(a) Is an inpatient in an institution;
(b) Is required, as a condition of the medicaid program paying for the individual's services in the institution, to spend for costs of medical or nursing care all of the individual's income except for an amount for personal needs specified by the department of job and family services;
(c) Cannot reasonably be expected to be discharged from the institution and return home as determined by the department of job and family services.
(5)
"Time of death" shall not be construed to mean a time after which a legal title or interest in real or personal property or other asset may pass by survivorship or other operation of law due to the death of the decedent or terminate by reason of the decedent's death.
(B) For the purpose of recovering the cost of
services correctly paid under the medical assistance program to a recipient
age fifty-five or older, the To the extent permitted by federal law, the department of job and family services shall
institute
an estate recovery program against the property and estates of medical
assistance recipients to
recover medical assistance correctly paid on their behalf to the extent
that federal law and regulations permit the implementation of a
program of that nature. The
department shall seek to recover medical assistance
correctly paid only after the recipient and the recipient's
surviving spouse, if any,
have died and only at a time when the recipient has no surviving
child who is under age twenty-one or blind or permanently and
totally disabled.
The department may enter into a contract with any person
under which the person administers the estate recovery program on behalf of
the department or performs any of the functions required to carry out
the program. The contract may provide for the person to be
compensated from the property recovered from the estates of medical
assistance recipients or may provide for
another manner
of compensation agreed to by the person and the department.
Regardless of whether it is administered by the department or a
person under contract with the department, the program shall be
administered in accordance with applicable requirements of
federal law and regulations and state law and rules.
(C) under which the department shall, except as provided in divisions (C) and (D) of this section, do both of the following:
(1) For the costs of medicaid services the medicaid program correctly paid or will pay on behalf of a permanently institutionalized individual of any age, seek adjustment or recovery from the individual's estate or on the sale of property of the individual or spouse that is subject to a lien imposed under section 5111.111 of the Revised Code;
(2) For the costs of medicaid services the medicaid program correctly paid or will pay on behalf of an individual fifty-five years of age or older who is not a permanently institutionalized individual, seek adjustment or recovery from the individual's estate.
(C)(1) No adjustment or recovery may be made under division (B)(1) of this section from a permanently institutionalized individual's estate or on the sale of property of a permanently institutionalized individual that is subject to a lien imposed under section 5111.111 of the Revised Code or under division (B)(2) of this section from an individual's estate while either of the following are alive:
(a) The spouse of the permanently institutionalized individual or individual;
(b) The son or daughter of a permanently institutionalized individual or individual if the son or daughter is under age twenty-one or, under 42 U.S.C. 1382c, is considered blind or disabled.
(2) No adjustment or recovery may be made under division (B)(1) of this section from a permanently institutionalized individual's home that is subject to a lien imposed under section 5111.111 of the Revised Code while either of the following lawfully reside in the home:
(a) The permanently institutionalized individual's sibling who resided in the home for at least one year immediately before the date of the permanently institutionalized individual's admission to the institution and on a continuous basis since that time;
(b) The permanently institutionalized individual's son or daughter who provided care to the permanently institutionalized individual that delayed the permanently institutionalized individual's institutionalization and resided in the home for at least two years immediately before the date of the permanently institutionalized individual's admission to the institution and on a continuous basis since that time.
(D) The department may shall waive seeking an adjustment or recovery of
medical assistance correctly paid otherwise required by this section if the director of job and family
services determines that adjustment or
recovery would work an undue hardship. The The department may limit the duration of the waiver to the period during which the undue hardship exists.
The director, in accordance with
Chapter 119. of the Revised Code, shall adopt rules establishing regarding the estate recovery program, including rules that establish procedures and criteria for
waiver of adjustment or recovery due to an undue hardship, which. These rules shall meet the
standards
specified by the United States secretary of
health and human
services under 42 U.S.C.
1396p(b)(3), as amended.
(D) Any action that may be taken by the department
under
section 5111.111 of the Revised Code
may be taken by a person administering the program, or performing actions
specified in that section, pursuant to a contract with the department.
(E) For the purpose of determining whether an individual meets the definition of "permanently institutionalized individual" established for this section, a rebuttable presumption exists that the individual cannot reasonably be expected to be discharged from an institution and return home if either of the following is the case:
(1) The individual declares that he or she does not intend to return home.
(2) The individual has been an inpatient in an institution for at least six months.
Sec. 5111.111. As used in this section, "home and
community-based services" means services provided pursuant to a waiver under
section 1915 of the "Social Security Act," 49
Stat. 620 (1935), 42 U.S.C.A. 1396n, as amended.
The (A) Except as provided in division (B) of this section and section 5111.12 of the Revised Code, no lien may be imposed against the property of an individual before the individual's death on account of medicaid services correctly paid or to be paid on the individual's behalf.
(B) Except as provided in division (C) of this section, the department of job and family services may place impose a lien
against
the real property of a medical assistance medicaid recipient or who is a permanently institutionalized individual and against the real property of the recipient's spouse,
other than a
recipient or spouse of a recipient of home and community-based services,
that the department may recover as part
of the program instituted under section 5111.11 of the Revised Code including any real property that is jointly held by the recipient and spouse. When
medical assistance is paid on behalf of any person in
circumstances under
which federal law and regulations and this section permit the imposition of a
lien, the The lien may be imposed on account of medicaid paid or to be paid on the recipient's behalf.
(C) No lien may be imposed under division (B) of this section against the home of a medicaid recipient if any of the following lawfully resides in the home:
(1) The recipient's spouse;
(2) The recipient's son or daughter who is under twenty-one years of age or, under 42 U.S.C. 1382c, considered to be blind or disabled;
(3) The recipient's sibling who has an equity interest in the home and resided in the home for at least one year immediately before the date of the recipient's admission to the institution.
(D) The director of job and family services or a person designated by
the director may shall sign a certificate to the effect effectuate a lien required to be imposed under this section. The county department of
job and family services shall file for recording and
indexing the certificate,
or a
certified copy, in the real estate mortgage records in the office
of the county recorder in every county in which real property of
the recipient or spouse is situated. From the time of filing the
certificate in the office of the county recorder, the lien
attaches to all real property of the recipient or spouse
described therein in the certificate for all amounts of aid which are paid or which thereafter are
paid, for which adjustment or recovery may be made under section 5111.11 of the Revised Code and, except as provided in division (E) of this section, shall remain a lien until satisfied.
Upon filing the certificate in the office of the recorder,
all persons are charged with notice of the lien and the rights of
the department of job and family services thereunder.
The county recorder shall keep a record of every
certificate filed showing its date, the time of filing, the name
and residence of the recipient or spouse, and any release,
waivers, or satisfaction of the lien.
The priority of the lien shall be established in accordance with state and
federal law.
The department may waive the priority of its lien to
provide for the costs of the last illness as determined by the
department, administration, attorney fees, administrator fees, a
sum for the payment of the costs of burial, which shall be
computed by deducting from five hundred dollars whatever amount
is available for the same purpose from all other sources, and a
similar sum for the spouse of the decedent.
(E) A lien imposed with respect to a medicaid recipient under this section shall dissolve on the recipient's discharge from the institution and return home.
Sec. 5111.112. The department of job and family services shall certify amounts due under the estate recovery program instituted under section 5111.11 of the Revised Code to the attorney general pursuant to section 131.02 of the Revised Code. The attorney general may enter into a contract with any person or government entity to collect the amounts due on behalf of the attorney general.
The attorney general, in entering into a contract under this section, shall comply with all of the requirements that must be met for the state to receive federal financial participation for the costs incurred in entering into the contract and carrying out actions under the contract. The contract may provide for the person or government entity with which the attorney general contracts to be compensated from the property recovered under the estate recovery program or may provide for another manner of compensation agreed to by the parties to the contract.
Regardless of whether the attorney general collects the amounts due under the estate recovery program or contracts with a person or government entity to collect the amounts due on behalf of the attorney general, the amounts due shall be collected in accordance with applicable requirements of federal statutes and regulations and state statutes and rules.
Sec. 5111.112 5111.113. (A) As used in this section:
(1) "Adult care facility" has the same meaning as in
section 3722.01 of the Revised
Code.
(2) "Commissioner" means a person appointed by a probate
court under division (B) of
section 2113.03 of the Revised
Code to act as a commissioner.
(3) "Home" has the same meaning as in section 3721.10 of
the Revised
Code.
(4) "Personal needs allowance account" means an account
or petty cash fund that holds the money of a resident of an
adult care facility or home and that the facility or home
manages for the resident.
(B) Except as provided
in divisions (C) and
(D) of this section, the owner
or operator of an adult care facility or home shall transfer to
the department of job and family services the money in the personal
needs
allowance account of a resident of the facility or home who was
a recipient of the medical assistance program no earlier than
sixty days but not later than ninety days after the resident
dies. The adult care facility or home shall transfer the money
even though the owner or operator of the facility or home has not been
issued letters testamentary or letters of administration
concerning the resident's estate.
(C) If funeral or burial
expenses for a resident of an adult care facility or home who
has died have not been paid and the only resource the resident
had that could be used to pay for the expenses is the money in
the resident's personal needs allowance account, or all other
resources of the resident are inadequate to pay the full cost of
the expenses, the money in the resident's personal needs
allowance account shall be used to pay for the expenses rather
than being transferred to the department of job and family services
pursuant to division (B) of
this section.
(D) If, not later than
sixty days after a resident of an adult care facility or home
dies, letters testamentary or letters of administration are
issued, or an application for release from administration is
filed under section 2113.03 of the
Revised
Code, concerning the resident's
estate, the owner or operator of the facility or home shall
transfer the money in the resident's personal needs allowance
account to the administrator, executor, commissioner, or person
who filed the application for release from administration.
(E) The transfer or use
of money in a resident's personal needs allowance account in
accordance with division (B),
(C), or
(D) of this section discharges
and releases the adult care facility or home, and the owner or
operator of the facility or home, from any claim for the money
from any source.
(F) If, sixty-one or
more days after a resident of an adult care facility or home
dies, letters testamentary or letters of administration are
issued, or an application for release from administration under
section 2113.03 of the Revised
Code is filed, concerning the
resident's estate, the department of job and family services shall
transfer the funds to the administrator, executor, commissioner,
or person who filed the application, unless the department is
entitled to recover the money under the estate recovery program
instituted under section 5111.11 of the
Revised Code.
Sec. 5111.113 5111.114. As used in this section, "nursing
facility" and "intermediate care facility for the mental
mentally
retarded" have the same meanings as in section
5111.20 of the Revised Code.
In determining the amount of income that a recipient of
medical assistance must apply monthly toward payment of the
cost of
care in a nursing facility or intermediate care facility for the mentally
retarded, the county
department of job and family
services shall deduct from the recipient's monthly income a
monthly personal needs allowance in accordance with section 1902 of the
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 1396a, as
amended.
For a resident of a nursing facility, the monthly personal needs
allowance shall be not less than forty
dollars for an individual resident and not less
than
eighty dollars for a married couple if both spouses are residents
of a nursing facility.
For a resident of an intermediate care facility for the mentally retarded,
the monthly personal needs allowance shall be forty dollars unless the
resident has earned income, in which case the monthly personal needs allowance
shall be determined by the state department of job and
family services but shall not
exceed one hundred five dollars.
Sec. 5111.16. (A) As part of the medicaid program, the department of job and family services shall establish a care management system. The department shall submit, if necessary, applications to the United States department of health and human services for waivers of federal medicaid requirements that would otherwise be violated in the implementation of the system.
(B) The department shall implement the care management system in some or all counties and shall designate the medicaid recipients who are required or permitted to participate in the system. In the department's implementation of the system and designation of participants, all of the following apply:
(1) In the case of individuals who receive medicaid on the basis of being included in the category identified by the department as covered families and children, the department shall implement the care management system in all counties. All individuals included in the category shall be designated for participation, except for indivduals included in one or more of the medicaid recipient groups specified in 42 C.F.R. 438.50(d). The department shall designate the participants not later than January 1, 2006. Beginning not later than December 31, 2006, the department shall ensure that all participants are enrolled in health insuring corporations under contract with the department pursuant to section 5111.17 of the Revised Code.
(2) In the case of individuals who receive medicaid on the basis of being aged, blind, or disabled, as specified in division (A)(2) of section 5111.01 of the Revised Code, the department shall implement the care management system in all counties. All individuals included in the category shall be designated for participation, except for the individuals specified in divisions (B)(2)(a) to (e) of this section. Beginning not later than December 31, 2006, the department shall ensure that all participants are enrolled in health insuring corporations under contract with the department pursuant to section 5111.17 of the Revised Code.
In designating participants who receive medicaid on the basis of being aged, blind, or disabled, the department shall not include any of the following:
(a) Individuals who are under twenty-one years of age;
(b) Individuals who are institutionalized;
(c) Individuals who become eligible for medicaid by spending down their income or resources to a level that meets the medicaid program's financial eligibility requirements;
(d) Individuals who are dually eligible under the medicaid program and the medicare program established under Title XVIII of the "Social Security Act," 79 Stat. 286 (1965), 42 U.S.C. 1395, as amended;
(e) Individuals to the extent that they are receiving medicaid services through a medicaid waiver component, as defined in section 5111.85 of the Revised Code.
(3) Alcohol, drug addiction, and mental health services covered by medicaid shall not be included in any component of the care management system when the nonfederal share of the cost of those services is provided by a board of alcohol, drug adiction, and mental health services or a state agency other than the department of job and family services, but the recipients of those services may otherwise be designated for participation in the system.
(B) Under the care management system (C) Subject to division (B) of this section, the department may do both of the following under the care management system:
(1) Require or permit participants in the system to obtain health care services from providers designated by the department;
(2) require Require or permit participants in the system to obtain health care services through managed care organizations under contract with the department pursuant to section 5111.17 of the Revised Code.
(C)(D)(1) The department shall prepare an annual report on the care management system. The report shall address the department's ability to implement the system, including all of the following components:
(a) The
required designation of participants included in the category identified by the department as covered families and children;
(b) The required designation of participants included in the aged, blind, or disabled category of medicaid recipients;
(c) The
conduct of the pilot program for chronically ill children established under section 5111.163 of the Revised Code;
(d) The use of any programs for enhanced care management.
(2) The department shall submit each annual report to the general assembly. The first report shall be submitted not later than October 1, 2007.
(E) The director of job and family services may adopt rules in accordance with Chapter 119. of the Revised Code to implement this section.
Sec. 5111.161. (A) There is hereby created the medicaid care management working group, consisting of the following members:
(1) Three individuals representing medicaid health insuring corporations, as defined in section 5111.176 of the Revised Code, one appointed by the president of the senate, one appointed by the speaker of the house of representatives, and one appointed by the governor;
(2) One individual representing programs that provide enhanced care management services, appointed by the governor;
(3) Four individuals representing health care professional and trade associations, appointed as follows:
(a) One representative of the American academy of pediatrics, appointed by the president of the senate;
(b) One representative of the American academy of family physicians, appointed by the speaker of the house of representatives;
(c) One representative of the Ohio state medical association, appointed by the president of the senate;
(d) One representative of the Ohio hospital association, appointed by the speaker of the house of representatives.
(4) One individual representing behavioral health professional and trade associations, appointed by the speaker of the house of representatives;
(5) Two individuals representing consumer advocates, one appointed by the president of the senate and one appointed by the speaker of the house of representatives;
(6) One individual representing county departments of job and family services, appointed by the president of the senate;
(7) Three individuals representing the business community, one appointed by the president of the senate, one appointed by the speaker of the house of representatives, and one appointed by the governor;
(8) The director of job and family services or the director's designee;
(9) The director of health or the director's designee;
(10) The director of aging or the director's designee.
(B) The members of the working group shall serve at the pleasure of their appointing authorities. Vacancies shall be filled in the manner provided for original appointments.
(C) The working group shall develop guidelines that the department of job and family services may consider when entering into contracts under section 5111.17 of the Revised Code with managed care organizations for purposes of the care management system established under section 5111.16 of the Revised Code. The working group shall consult regularly with the departments of insurance, alcohol and drug addiction services, mental health, and mental retardation and developmental disabilities and the rehabilitation services commission.
In developing the guidelines, the working group shall do all of the following:
(1) Examine the best practice standards used in managed care programs and other health care and related systems to maximize patient and provider satisfaction, maintain quality of care, and obtain cost-effectiveness;
(2) Consider the most effective means of facilitating the expansion of the care management system and increasing consistency within the system;
(3) Make recommendations for coordinating the regulatory relationships involved in the medicaid care management system;
(4) Make recommendations for improving the resolution of contracting issues among the providers involved in the care management system;
(5) Make recommendations that the department may consider when developing and implementing the financial incentive program under division (B) of section 5111.17 of the Revised Code to improve and reward positive health outcomes through managed care contracts. In making these recommendations, the working group shall include all of the following:
(a) Standards and procedures by which care management contractors may receive financial incentives for positive health outcomes measured on an individual basis;
(b) Specific measures of positive health outcomes, particularly among individuals with high-risk health conditions;
(c) Criteria for determining what constitutes a completed health outcome;
(d) Methods of funding the program without requiring an increase in appropriations.
(D) The working group shall prepare an annual report on its activities and shall submit the report to the president of the senate, speaker of the house of representatives, and governor. The report shall include any findings and recommendations the working group considers relevant to its duties. The working group shall complete an initial report not later than December 31, 2005. Each year thereafter, the working group shall complete its annual report by the last day of December.
Sec. 5111.162. (A) As used in this section, "medicaid managed care organization" means a managed care organization that has entered into a contract with the department of job and family services pursuant to section 5111.17 of the Revised Code.
(B) Except as provided in division (C) of this section, when a participant in the care management system established under section 5111.16 of the Revised Code is enrolled in a medicaid managed care organization and the organization refers the participant to a hospital that participates in the medicaid program but is not under contract with the organization, the hospital shall provide the service for which the referral was made and shall accept from the organization, as payment in full, the amount derived from the reimbursement rate used by the department to reimburse other hospitals of the same type for providing the same service to a medicaid recipient who is not enrolled in a medicaid managed care organization.
(C) A hospital is not subject to division (B) of this section if all of the following are the case:
(1) The hospital is located in a county in which participants in the care management system are required before January 1, 2006, to be enrolled in a medicaid managed care organization that is a health insuring corporation;
(2) The hospital has entered into a contract before January 1, 2006, with at least one health insuring corporation serving the participants specified in division (C)(1) of this section;
(3) The hospital remains under contract with at least one health insuring corporation serving participants in the care management system who are required to be enrolled in a health insuring corporation.
(D) The director of job and family services shall adopt rules specifying the circumstances under which a medicaid managed care organization is permitted to refer a participant in the care management system to a hospital that is not under contract with the organization. The director may adopt any other rules necessary to implement this section. All rules adopted under this section shall be adopted in accordance with Chapter 119. of the Revised Code.
Sec. 5111.163. (A) As used in this section, "chronically ill child" means an individual who is not more than twenty-one years of age and meets the conditions specified in division (A)(2) of section 5111.01 of the Revised Code to be eligible for medicaid on the basis of being blind or disabled.
(B) Notwithstanding any conflicting provision of section 5111.16 of the Revised Code, the department of job and family services shall develop a pilot program for the care management of chronically ill children in accordance with this section. The pilot program shall be implemented not later than October 1, 2006, or, if by that date the department has not received any necessary federal approval to implement the program, as soon as practicable after receiving the approval. The department shall operate the program until October 1, 2008, except that the department shall cease operation of the program before that date if either of the following is the case:
(1) The department determines that requiring chronically ill children to participate in the care management system is not a cost-effective means of providing medicaid services.
(2) The combined state and federal cost of the children's care coordination described in division (D) of this section reaches three million dollars.
(C) The department shall ensure that the pilot program is operated in at least three counties selected by the department. In its consideration of the counties to be selected, the department may give priority to Hamilton county and Muskingum county. The department may extend its operation of the program into the areas surrounding the counties in which the program is operated.
(D) The purpose of the pilot program shall be to determine whether occurrences of acute illnesses and hospitalizations among chronically ill children can be prevented or reduced by establishing a medical home for the children where care is administered proactively and in a manner that is accessible, continuous, family-centered, coordinated, and compassionate. In establishing a medical home for a chronically ill child, all of the following apply:
(1) A physician shall serve as the care coordinator for the child. The care coordinator may be engaged in practice as a pediatrician certified in pediatrics by a medical specialty board of the American medical association or American osteopathic association, a pediatric subspecialist, or a provider for the program for medically handicapped children in the department of health. If the physician is in a group practice, any member of the group practice may serve as the child's care coordinator. The duties of the care coordinator may be performed by a person acting under the supervision of the care coordinator.
(2) The child may receive care from any health care practitioner appropriate to the child's needs, but the care coordinator shall direct and oversee the child's overall care.
(3) The care coordinator shall establish a relationship of mutual responsibility with the child's parents or other persons who are responsible for the child. Under this relationship, the care coordinator shall commit to developing a long-term disease prevention strategy and providing disease management and education services, while the child's parents or other persons who are responsible for the child shall commit to participating fully in implementing the child's care management plan.
(4) The medicaid program shall provide reimbursement for the reasonable and necessary costs of the services associated with care coordination, including, but not limited to, case management, care plan oversight, preventive care, health and behavioral care assessment and intervention, and any service modifier that reflects the provision of prolonged services or additional care.
(E) The department shall conduct an evaluation of the pilot program's effectiveness. As part of the evaluation, the department shall maintain statistics on physician expenditures, hospital expenditures, preventable hospitalizations, and other matters the department considers necessary to conduct the evaluation.
(F) The department shall adopt rules in accordance with Chapter 119. of the Revised Code as necessary to implement this section. The rules shall specify standards and procedures to be used in designating the chronically ill children who are required to participate in the pilot program.
Sec. 5111.17. (A)
The department of
job and
family services
may enter into contracts
with managed
care organizations, including health insuring corporations, under which the organizations are authorized to
provide, or
arrange for the provision of, health care services to
medical
assistance recipients
who are required or permitted to obtain health care services through managed care
organizations as part of the care management system
established under
section 5111.16 of the Revised Code.
(B) The department shall develop and implement a financial incentive program to improve and reward positive health outcomes through the managed care organization contracts entered into under this section. In developing and implementing the program, the department may take into consideration the recommendations regarding the program made by the medicaid care management working group created under section 5111.161 of the Revised Code.
(C) The director of job and family services
may
adopt rules
in accordance with
Chapter 119. of the Revised Code to
implement
this section.
Sec. 5111.176. (A) As used in this section:
(1) "Medicaid health insuring corporation" means a health insuring corporation that holds a certificate of authority under Chapter 1751. of the Revised Code and has entered into a contract with the department of job and family services pursuant to section 5111.17 of the Revised Code.
(2) "Managed care premium" means any premium payment, capitation payment, or other payment a medicaid health insuring corporation receives for providing, or arranging for the provision of, health care services to its members or enrollees residing in this state.
(B) Except as provided in division (C) of this section, all of the following apply:
(1) Each medicaid health insuring corporation shall pay to the department of job and family services a franchise permit fee for each calendar quarter occurring between January 1, 2006, and June 30, 2007.
(2) The fee to be paid is an amount that is equal to a percentage of the managed care premiums the medicaid health insuring corporation received in the quarter to which the fee applies, excluding the amount of any managed care premiums the corporation returned or refunded to enrollees, members, or premium payers during that quarter.
(3) The percentage to be used in calculating the fee shall be four and one-half per cent, unless the department adopts rules under division (L) of this section decreasing the percentage below four and one-half per cent or increasing the percentage to not more than six per cent.
(C) The department shall reduce the franchise permit fee imposed under this section or terminate its collection of the fee if the department determines either of the following:
(1) That the reduction or termination is required to comply with federal statutes or regulations;
(2) That the fee does not qualify as a state share of medicaid expenditures eligible for federal financial participation.
(D) The franchise permit fee shall be paid on or before the thirtieth day following the end of the calendar quarter to which the fee applies. At the time the fee is submitted, the medicaid health insuring corporation shall file with the department a report on a form prescribed by the department. The corporation shall provide on the form all information required by the department and shall include with the form any necessary supporting documentation.
(E) The department may audit the records of any medicaid health insuring corporation to determine whether the corporation is in compliance with this section. The department may audit the records that pertain to a particular calendar quarter at any time during the five years following the date the franchise permit fee payment for that quarter was due.
(F)(1) A medicaid health insuring corporation that does not pay the franchise permit fee in full by the date the payment is due is subject to any or all of the following:
(a) A monetary penalty in the amount of five hundred dollars for each day any part of the fee remains unpaid, except that the penalty shall not exceed an amount equal to five per cent of the total fee that was due for the calendar quarter for which the penalty is being imposed;
(b) Withholdings from future managed care premiums pursuant to division (G) of this section;
(c) Termination of the corporation's medicaid provider agreement pursuant to division (H) of this section.
(2) Penalties imposed under division (F)(1)(a) of this section are in addition to and not in lieu of the franchise permit fee.
(G) If a medicaid health insuring corporation fails to pay the full amount of its franchise permit fee when due, or the full amount of a penalty imposed under division (F)(1)(a) of this section, the department may withhold an amount equal to the remaining amount due from any future managed care premiums to be paid to the corporation under the medicaid program. The department may withhold amounts under this division without providing notice to the corporation. The amounts may be withheld until the amount due has been paid.
(H) The department may commence actions to terminate a medicaid health insuring corporation's medicaid provider agreement, and may terminate the agreement subject to division (I) of this section, if the corporation does any of the following:
(1) Fails to pay its franchise permit fee or fails to pay the fee promptly;
(2) Fails to pay a penalty imposed under division (F)(1)(a) of this section or fails to pay the penalty promptly;
(3) Fails to cooperate with an audit conducted under division (E) of this section.
(I) At the request of a medicaid health insuring corporation, the department shall grant the corporation a hearing in accordance with Chapter 119. of the Revised Code, if either of the following is the case:
(1) The department has determined that the corporation owes an additional franchise permit fee or penalty as the result of an audit conducted under division (E) of this section.
(2) The department is proposing to terminate the corporation's medicaid provider agreement and the provisions of section 5111.06 of the Revised Code requiring an adjudication in accordance with Chapter 119. of the Revised Code are applicable.
(J)(1) At the request of a medicaid corporation, the department shall grant the corporation a reconsideration of any issue that arises out of the provisions of this section and is not subject to division (I) of this section. The department's decision at the conclusion of the reconsideration is not subject to appeal under Chapter 119. of the Revised Code or any other provision of the Revised Code.
(2) In conducting a reconsideration, the department shall do at least the following:
(a) Specify the time frames within which a corporation must act in order to exercise its opportunity for a reconsideration;
(b) Permit the corporation to present written arguments or other materials that support the corporation's position.
(K) There is hereby created in the state treasury the managed care assessment fund. Money collected from the franchise permit fees and penalties imposed under this section shall be credited to the fund. The department shall use the money in the fund to pay for medicaid services, the department's administrative costs, and contracts with medicaid health insuring corporations.
(L) The director of job and family services may adopt rules to implement and administer this section. The rules shall be adopted in accordance with Chapter 119. of the Revised Code.
Sec. 5111.177. When contracting under section 5111.17 of the Revised Code with a health insuring corporation that holds a certificate of authority under Chapter 1751. of the Revised Code, the department of job and family services shall require the health insuring corporation to provide a grievance process for medicaid recipients in accordance with 42 C.F.R. 438, subpart F.
Sec. 5111.19. The director of job
and family services shall adopt
rules governing the calculation and payment of graduate medical
education costs associated with services rendered to medicaid recipients
of the medical assistance program after June 30, 1994. The Subject to section 5111.191 of the Revised Code, the rules
shall provide for reimbursement of graduate medical education
costs associated with services rendered to medical assistance medicaid
recipients, including recipients enrolled in health insuring
corporations a managed care organization under contract with the department under section 5111.17 of the Revised Code, that the department determines
are allowable and
reasonable.
If the department requires a health insuring corporation managed care organization to pay a
provider for graduate
medical education
costs associated with the delivery of services to medical
assistance medicaid recipients enrolled in the corporation organization,
the
department shall include in its payment to the
corporation organization an
amount sufficient for the corporation organization to pay such
costs. If the
department does not include in its payments to the
health insuring corporation managed care organization
amounts for graduate medical education costs of providers, all of
the following apply:
(A) The Except as provided in section 5111.191 of the Revised Code, the department shall pay the provider for graduate
medical education costs associated with the delivery of services
to medical assistance medicaid recipients enrolled in the
corporation organization;
(B) No provider shall seek reimbursement from the
corporation organization for such costs;
(C) The corporation organization is not required to pay
providers for
such costs.
Sec. 5111.191. (A) Except as provided in division (B) of this section, the department of job and family services may deny payment to a hospital for direct graduate medical education costs associated with the delivery of services to any medicaid recipient if the hospital refuses without good cause to contract with a managed care organization that serves participants in the care management system established under section 5111.16 of the Revised Code who are required to be enrolled in a managed care organization and the managed care organization serves the area in which the hospital is located.
(B) A hospital is not subject to division (A) of this section if all of the following are the case:
(1) The hospital is located in a county in which participants in the care management system are required before January 1, 2006, to be enrolled in a medicaid managed care organization that is a health insuring corporation.
(2) The hospital has entered into a contract before January 1, 2006, with at least one health insuring corporation serving the participants specified in division (B)(1) of this section.
(3) The hospital remains under contract with at least one health insuring corporation serving participants in the care management system who are required to be enrolled in a health insuring corporation.
(C) The director of job and family services shall specify in the rules adopted under section 5111.19 of the Revised Code what constitutes good cause for a hospital to refuse to contract with a managed care organization.
Sec. 5111.20. As used in sections 5111.20 to 5111.34 of
the
Revised Code:
(A)
"Allowable costs" are those costs determined by the
department of job and family services to be reasonable and do not
include
fines paid under sections 5111.35 to 5111.61 and section
5111.99
of the Revised Code.
(B) "Ancillary and support costs" means all reasonable costs incurred by a nursing facility other than direct care costs or capital costs. "Ancillary and support costs" includes, but is not limited to, costs of activities, social services, pharmacy consultants, medical and habilitation records, program supplies, incontinence supplies, food, enterals, dietary supplies and personnel, laundry, housekeeping, security, administration, medical equipment, utilities, liability insurance, bookkeeping, purchasing department, human resources, communications, travel, dues, license fees, subscriptions, home office costs not otherwise allocated, legal services, accounting services, minor equipment, maintenance and repairs, help-wanted advertising, informational advertising, start-up costs, organizational expenses, other interest, property insurance, employee training and staff development, employee benefits, payroll taxes, and workers' compensation premiums or costs for self-insurance claims and related costs as specified in rules adopted by the director of job and family services under section 5111.02 of the Revised Code, for personnel listed in this division. "Ancillary and support costs" also means the cost of equipment, including vehicles, acquired by operating lease executed before December 1, 1992, if the costs are reported as administrative and general costs on the facility's cost report for the cost reporting period ending December 31, 1992.
(C)
"Capital costs" means costs of ownership and, in the case of an intermediate care facility for the mentally retarded, costs of
nonextensive renovation.
(1)
"Cost of ownership" means the actual expense incurred
for all of the following:
(a) Depreciation and interest on any capital assets that
cost five hundred dollars or more per item, including the
following:
(ii) Building improvements that are not approved as
nonextensive renovations under section 5111.25 or 5111.251 of the
Revised Code;
(iii) Equipment Except as provided in division (B) of this section, equipment;
(iv) Extensive In the case of an intermediate care facility for the mentally retarded, extensive renovations;
(v) Transportation equipment.
(b) Amortization and interest on land improvements and
leasehold improvements;
(c) Amortization of financing costs;
(d) Except as provided in division (I)(K) of this section,
lease and rent of
land, building, and equipment.
The costs of capital assets of less than five hundred dollars
per item may be
considered capital costs of ownership in accordance with a
provider's practice.
(2)
"Costs of nonextensive renovation" means the actual
expense incurred by an intermediate care facility for the mentally retarded for
depreciation or amortization and interest on
renovations that are not
extensive renovations.
(C)(D)
"Capital lease" and
"operating lease" shall be construed
in accordance
with generally accepted accounting principles.
(D)(E)
"Case-mix score" means the measure determined under
section 5111.231 5111.232 of the Revised Code of the relative direct-care
resources needed to provide care and habilitation to a resident
of
a nursing facility or intermediate care facility for the
mentally
retarded.
(E)(F)
"Date of licensure," for a facility originally licensed
as a
nursing home under Chapter 3721. of the Revised Code, means
the
date specific beds were originally licensed as
nursing home
beds under that chapter, regardless of whether they were
subsequently licensed as residential facility beds under section
5123.19
of the Revised Code. For a facility originally licensed
as a
residential facility under section 5123.19 of the Revised
Code,
"date of licensure" means the date specific beds were
originally licensed as residential facility beds under that
section.
(1) If nursing home beds licensed under Chapter 3721. of the
Revised Code or
residential facility beds licensed under section
5123.19 of the Revised Code
were not required by law to be
licensed when they were originally used to
provide nursing home or
residential facility services,
"date of licensure"
means the date
the beds first were used to provide nursing home or residential
facility services, regardless of the date the present provider
obtained
licensure.
(2) If a facility adds nursing home beds or residential
facility beds or extensively renovates all or part of the
facility
after its original date of licensure, it will have a
different
date of licensure for the additional beds or
extensively renovated
portion of the facility, unless the beds
are added in a space that
was constructed at the same time as the
previously licensed beds
but was not licensed under Chapter 3721.
or section 5123.19 of the
Revised Code at that time.
(F)(G)
"Desk-reviewed" means that costs as reported on a cost
report submitted under section 5111.26 of the Revised Code have
been subjected to a desk review under division (A) of section
5111.27 of the Revised Code and preliminarily determined to be
allowable costs.
(G)(H)
"Direct care costs" means all of the following:
(1)(a) Costs for registered nurses, licensed practical
nurses, and nurse aides employed by the facility;
(b) Costs for direct care staff, administrative nursing
staff, medical directors, social services staff, activities
staff,
psychologists and psychology assistants, social workers
and
counselors, habilitation staff, qualified mental retardation
professionals, program directors, respiratory therapists,
habilitation supervisors, and except as provided in division
(G)(2) of this section, other persons holding degrees qualifying
them to provide therapy;
(c) Costs of purchased nursing services;
(d) Costs of quality assurance;
(e) Costs of training and staff development, employee
benefits, payroll taxes, and workers' compensation premiums or
costs for self-insurance claims and related costs as specified in
rules adopted by the director of job
and family services in
accordance with Chapter
119. of the Revised Code, for
personnel
listed in
divisions (G)(H)(1)(a), (b), and (d) of this section;
(f) Costs of consulting and management fees related to
direct care;
(g) Allocated direct care home office costs.
(2) In addition to the costs specified in division (H)(1) of this section, for nursing facilities only, direct care costs include medical supplies, emergency oxygen, habilitation supplies, and universal precautions supplies.
(3) In addition to the costs specified in division (G)(H)(1)
of
this section, for intermediate care facilities for the
mentally
retarded only, direct care costs include both of the
following:
(a) Costs for physical therapists and physical therapy
assistants, occupational therapists and occupational therapy
assistants, speech therapists, and audiologists, social services staff, activities staff, psychologists and psychology assistants, and social workers and counselors;
(b) Costs of training and staff development, employee
benefits, payroll taxes, and workers' compensation premiums or
costs for self-insurance claims and related costs as specified in
rules adopted by the director of job
and family services in
accordance with Chapter
119. under section 5111.02 of the Revised Code, for personnel
listed in division
(G)(2)(H)(3)(a) of this section.
(3)(4) Costs of other direct-care resources that are
specified
as direct care costs in rules adopted by the
director of job and
family services in accordance
with Chapter 119. under section 5111.02 of the Revised
Code.
(H)(I)
"Fiscal year" means the fiscal year of this state, as
specified in section 9.34 of the Revised Code.
(I)(J) "Franchise permit fee" means the fee imposed by sections 3721.50 to 3721.58 of the Revised Code.
(K)
"Indirect care costs" means all reasonable costs incurred by an intermediate care facility for the mentally retarded other
than direct care costs, other protected costs, or capital costs.
"Indirect care costs" includes but is not limited to costs of
habilitation supplies, pharmacy consultants, medical and
habilitation records, program supplies, incontinence supplies,
food, enterals, dietary supplies and personnel, laundry,
housekeeping, security, administration, liability insurance,
bookkeeping, purchasing department, human resources,
communications, travel, dues, license fees, subscriptions, home
office costs not otherwise allocated, legal services, accounting
services,
minor equipment,
maintenance and repairs, help-wanted
advertising, informational
advertising, start-up costs,
organizational expenses, other
interest, property insurance,
employee training and staff
development, employee benefits,
payroll taxes, and workers' compensation
premiums or costs for
self-insurance claims and related costs as
specified in rules
adopted by the director of
job and family services in accordance
with Chapter 119. under section 5111.02 of the Revised Code, for personnel
listed in
this division. Notwithstanding division (B)(C)(1) of this
section,
"indirect care costs" also means the cost of equipment,
including
vehicles, acquired by operating lease executed before
December 1,
1992, if the costs are reported as administrative and
general
costs on the facility's cost report for the cost
reporting period
ending December 31, 1992.
(J)(L)
"Inpatient days" means all days during which a
resident,
regardless of payment source, occupies a bed in a
nursing facility
or intermediate care facility for the mentally
retarded that is
included in the facility's certified capacity
under Title XIX of
the
"Social Security Act," 49 Stat. 610
(1935), 42 U.S.C.A. 301,
as amended. Therapeutic or hospital
leave days for which payment
is made under section 5111.33 of the
Revised Code are considered
inpatient days proportionate to the
percentage of the facility's
per resident per day rate paid for
those days.
(K)(M)
"Intermediate care facility for the mentally retarded"
means an intermediate care facility for the mentally retarded
certified as in compliance with applicable standards for the
medical assistance medicaid program by the director of health in
accordance
with Title XIX of the
"Social Security Act."
(L)(N)
"Maintenance and repair expenses" means, except as
provided in division (X)(BB)(2) of this section, expenditures that
are
necessary and proper to maintain an asset in a normally
efficient
working condition and that do not extend the useful
life of the
asset two years or more.
"Maintenance and repair
expenses"
includes but is not limited to the cost of ordinary
repairs such
as painting and wallpapering.
(M)(O) "Medicaid days" means all days during which a resident who is a Medicaid recipient eligible for nursing facility services occupies a bed in a nursing facility that is included in the nursing facility's certified capacity under Title XIX. Therapeutic or hospital leave days for which payment is made under section 5111.33 of the Revised Code are considered Medicaid days proportionate to the percentage of the nursing facility's per resident per day rate paid for those days.
(P)
"Nursing facility" means a facility, or a distinct
part
of a facility, that is certified as a nursing facility by
the
director of health in accordance with Title XIX of the
"Social
Security Act," and is not an intermediate care facility
for the
mentally retarded.
"Nursing facility" includes a
facility, or a
distinct part of a facility, that is certified as
a nursing
facility by the director of health in accordance with
Title XIX of
the
"Social Security Act," and is certified as a
skilled nursing
facility by the director in accordance with Title
XVIII of the
"Social Security Act."
(N)(Q) "Operator" means the person or government entity responsible for the daily operating and management decisions for a nursing facility or intermediate care facility for the mentally retarded.
(R) "Other protected costs" means costs incurred by an intermediate care facility for the mentally retarded for medical
supplies; real estate, franchise, and property taxes; natural
gas,
fuel oil, water, electricity, sewage, and refuse and
hazardous
medical waste collection; allocated other protected home office
costs; and any additional costs
defined as other protected costs
in rules adopted by the
director of job and family
services in
accordance with Chapter 119. under section 5111.02 of
the Revised Code.
(O)(S)(1)
"Owner" means any person or government entity that has
at least five per cent ownership or interest, either directly,
indirectly, or in any combination, in any of the following regarding a nursing facility or
intermediate care facility for the mentally retarded:
(a) The land on which the facility is located;
(b) The structure in which the facility is located;
(c) Any mortgage, contract for deed, or other obligation secured in whole or in part by the land or structure on or in which the facility is located;
(d) Any lease or sublease of the land or structure on or in which the facility is located.
(2) "Owner" does not mean a holder of a debenture or bond related to the nursing facility or intermediate care facility for the mentally retarded and purchased at public issue or a regulated lender that has made a loan related to the facility unless the holder or lender operates the facility directly or through a subsidiary.
(P)(T)
"Patient" includes
"resident."
(Q)(U) Except as provided in divisions (Q)(U)(1) and (2) of this
section,
"per diem" means a nursing facility's or intermediate
care facility for the mentally retarded's actual, allowable costs
in a given cost center in a cost reporting period, divided by the
facility's inpatient days for that cost reporting period.
(1) When calculating indirect care costs for the purpose
of
establishing rates under section 5111.24 or 5111.241 of the
Revised Code,
"per diem" means a facility's an intermediate care facility for the mentally retarded's actual, allowable
indirect care costs in a cost reporting period divided by the
greater of the facility's inpatient days for that period or the
number of inpatient days the facility would have had during that
period if its occupancy rate had been eighty-five per cent.
(2) When calculating capital costs for the purpose of
establishing rates under section 5111.25 or 5111.251 of the
Revised Code,
"per diem" means a facility's actual, allowable
capital costs in a cost reporting period divided by the greater
of
the facility's inpatient days for that period or the number of
inpatient days the facility would have had during that period if
its occupancy rate had been ninety-five per cent.
(R)(V)
"Provider" means a person or government entity that
operates a nursing facility or intermediate care facility for the
mentally retarded under an operator with a provider agreement.
(S)(W)
"Provider agreement" means a contract between the
department of job and family services and the operator of a nursing facility or
intermediate care facility for the mentally retarded for the
provision of nursing facility services or intermediate care
facility services for the mentally retarded under the medical
assistance medicaid program.
(T)(X)
"Purchased nursing services" means services that are
provided in a nursing facility by registered nurses, licensed
practical nurses, or nurse aides who are not employees of the
facility.
(U)(Y)
"Reasonable" means that a cost is an actual cost that
is
appropriate and helpful to develop and maintain the operation
of
patient care facilities and activities, including normal
standby
costs, and that does not exceed what a prudent buyer pays
for a
given item or services. Reasonable costs may vary from
provider
to provider and from time to time for the same provider.
(V)(Z)
"Related party" means an individual or organization
that, to a significant extent, has common ownership with, is
associated or affiliated with, has control of, or is controlled
by, the provider.
(1) An individual who is a relative of an owner is a
related
party.
(2) Common ownership exists when an individual or
individuals possess significant ownership or equity in both the
provider and the other organization. Significant ownership or
equity exists when an individual or individuals possess five per
cent ownership or equity in both the provider and a supplier.
Significant ownership or equity is presumed to exist when an
individual or individuals possess ten per cent ownership or
equity
in both the provider and another organization from which
the
provider purchases or leases real property.
(3) Control exists when an individual or organization has
the power, directly or indirectly, to significantly influence or
direct the actions or policies of an organization.
(4) An individual or organization that supplies goods or
services to a provider shall not be considered a related party if
all of the following conditions are met:
(a) The supplier is a separate bona fide organization.
(b) A substantial part of the supplier's business activity
of the type carried on with the provider is transacted with
others
than the provider and there is an open, competitive market
for the
types of goods or services the supplier furnishes.
(c) The types of goods or services are commonly obtained
by
other nursing facilities or intermediate care facilities for
the
mentally retarded from outside organizations and are not a
basic
element of patient care ordinarily furnished directly to
patients
by the facilities.
(d) The charge to the provider is in line with the charge
for the goods or services in the open market and no more than the
charge made under comparable circumstances to others by the
supplier.
(W)(AA)
"Relative of owner" means an individual who is related
to an owner of a nursing facility or intermediate care facility
for the mentally retarded by one of the following relationships:
(2) Natural parent, child, or sibling;
(3) Adopted parent, child, or sibling;
(4) Step-parent Stepparent, step-child stepchild, step-brother stepbrother, or step-sister stepsister;
(5) Father-in-law, mother-in-law, son-in-law,
daughter-in-law, brother-in-law, or sister-in-law;
(6) Grandparent or grandchild;
(7) Foster caregiver, foster child, foster brother,
or
foster sister.
(X)(BB)
"Renovation" and
"extensive renovation" mean:
(1) Any betterment, improvement, or restoration of a
nursing
facility or an intermediate care facility for the mentally
retarded
started before July 1, 1993, that meets the definition
of a
renovation or extensive renovation established in rules
adopted by
the director of job and
family services in effect on December 22,
1992.
(2) In the case of betterments, improvements, and
restorations of nursing facilities and intermediate care
facilities for the mentally retarded started on or after July 1,
1993:
(a)
"Renovation" means the betterment, improvement, or
restoration of a nursing facility or an intermediate care facility
for the mentally retarded beyond its current functional capacity
through a structural change that costs at least five hundred
dollars per bed. A renovation may include betterment,
improvement, restoration, or replacement of assets that are
affixed to the building and have a useful life of at least five
years. A renovation may include costs that otherwise would be
considered maintenance and repair expenses if they are an
integral
part of the structural change that makes up the
renovation
project.
"Renovation" does not mean construction of
additional
space for beds that will be added to a facility's
licensed or
certified capacity.
(b)
"Extensive renovation" means a renovation that costs
more than sixty-five per cent and no more than eighty-five per
cent of the cost of constructing a new bed and that extends the
useful life of the assets for at least ten years.
For the purposes of division (X)(BB)(2) of this section, the
cost
of constructing a new bed shall be considered to be forty
thousand
dollars, adjusted for the estimated rate of inflation
from January
1, 1993, to the end of the calendar year during
which the
renovation is completed, using the consumer price index
for
shelter costs for all urban consumers for the north central
region, as published by the United States bureau of labor
statistics.
The department of job and family services may treat a
renovation
that costs more than eighty-five per cent of the cost
of
constructing new beds as an extensive renovation if the
department determines that the renovation is more prudent than
construction of new beds.
(CC) "Title XIX" means Title XIX of the "Social Security Act," 79 Stat. 286 (1965), 42 U.S.C. 1396, as amended.
(DD) "Title XVIII" means Title XVIII of the "Social Security Act," 79 Stat. 286 (1965), 42 U.S.C. 1395, as amended.
Sec. 5111.204. (A) As used in this section and in section
5111.205 of the Revised Code, "representative" means a person acting on behalf
of an
applicant for or recipient of medical assistance medicaid. A
representative may be a family member, attorney, hospital social
worker, or any other person chosen to act on behalf of an
applicant or recipient.
(B) The department of job and family services may require an
each applicant for or recipient of medical assistance medicaid who applies or
intends to apply for admission to a nursing facility or resides in a nursing facility to undergo
an assessment to determine whether the applicant or recipient
needs the level of care provided by a nursing facility. To The assessment may be performed concurrently with a long-term care consultation provided under section 173.42 of the Revised Code.
To the maximum extent
possible, the assessment shall be based on information from the resident
assessment instrument specified in rules adopted by the
director of job and family services under division
(A)(E) of section 5111.231 5111.232 of the Revised
Code. The assessment shall also be based on criteria and
procedures established in rules adopted under division (H)(F) of
this section and information provided by the person being
assessed or the person's representative. The
The department of
job and family services, or if the assessment is performed
by another an agency designated
under contract with the department pursuant to division (G) of this section 5101.754 of the Revised Code, the agency, shall, not
later than the time the assessment level of care determination based on the assessment is required to be performed
provided under division (C) of this section, give written notice of its
conclusions and the basis for them to the person assessed and, if
the department of job and family services or designated
entity agency under contract with the department has been
informed that the person has a representative, to the
representative.
(C) The department of job and family services or designated agency under contract with the department,
whichever performs the assessment, shall perform a complete
assessment, or, if circumstances provided by rules adopted under
division (H) of this section exist, a partial assessment, provide a level of care determination based on the assessment as
follows:
(1) In the case of a person applying or intending to apply
for admission to a nursing facility while hospitalized, not later than one of
the following:
(a) One working day after the person or the person's
representative submits an the application for admission to the nursing facility or
notifies the department of the person's intention to apply and submits all information required for providing the level of care determination, as specified in rules adopted under division (F)(2) of this section;
(b) A later date requested by the person or the person's
representative.
(2) In the case of an emergency as determined in
accordance with rules adopted under division (H) of this section,
not later than one calendar day after the person or the
person's representative submits the application or notifies the department
of the person's intention to apply.
(3) In all other cases a person applying or intending to apply for admission to a nursing facility who is not hospitalized, not later than one of the
following:
(a) Five calendar days after the person or the person's
representative submits the application or notifies the department
of the person's intention to apply and submits all information required for providing the level of care determination, as specified in rules adopted under division (F)(2) of this section;
(b) A later date requested by the person or the person's
representative.
(3) In the case of a person who resides in a nursing facility, not later than one of the following:
(a) Five calendar days after the person or the person's representative submits an application for medical assistance and submits all information required for providing the level of care determination, as specified in rules adopted under division (F)(2) of this section;
(b) A later date requested by the person or the person's representative.
(4) In the case of an emergency, as specified in rules adopted under division (F)(4) of this section, within the number of days specified in the rules.
(D) If the department of job and family services or designated agency
conducts a
partial assessment under division (C) of this
section, it shall complete the rest of the assessment not later
than one hundred eighty days after the date the person is
admitted to the nursing facility unless the department or
designated agency determines the person should be exempt from the
assessment.
(E) A person is not required to be assessed under this
section if the circumstances specified by rule adopted under
division (H) of this section exist or the department of job and family
services or designated agency determines after a partial
assessment that the person should be exempt from the assessment.
(F) A person assessed under this section or the person's representative may
appeal request a state hearing to dispute the conclusions reached by the department of job and family
services or designated agency under contract with the department on the basis of the assessment. The appeal
request for a state hearing shall be made in accordance with section 5101.35 of
the Revised Code. The department of job and family services or
designated agency,
whichever performs the assessment, under contract with the department shall provide to the
person or the person's representative and the nursing
facility written
notice of the person's right to appeal request a state hearing. The notice shall include
an explanation of the procedure for filing an appeal requesting a state hearing. If a state hearing is requested, the state shall be represented in the hearing by the department of job and family services or the agency under contract with the department, whichever performed the assessment.
(G)(E) A nursing facility that admits or retains a person
determined pursuant to an assessment required under division (B)
or (C) of this section not to need the level of care provided by
the nursing facility shall not be reimbursed under the medical
assistance medicaid program for the person's care.
(H)(F) The director of job and
family services shall adopt rules in
accordance with Chapter 119. of the Revised Code to implement and
administer this section. The rules shall include all of the
following:
(1) Criteria and procedures to be used in determining
whether admission to a nursing facility or continued stay in a nursing facility is appropriate for the
person being assessed. The criteria shall include consideration
of whether the person is in need of any of the following:
(a) Nursing or rehabilitation services;
(b) Assistance with two or more of the activities of daily
living;
(c) Continuous supervision to prevent harm to the person
as a result of cognitive impairment.;
(2) Information the person being assessed or the person's
representative must provide to the department or designated agency under contract with the department for
purposes of the assessment and providing a level of care determination based on the assessment;
(3) Circumstances under which the department of job and family services
or designated agency may perform a partial assessment
under division (C) of this section;
(4) Circumstances under which a person is not required to
be assessed;
(4) Circumstances that constitute an emergency for purposes of division (C)(4) of this section and the number of days within which a level of care determination must be provided in the case of an emergency.
(G) Pursuant to section 5111.91 of the Revised Code, the department of job and family services may enter into contracts in the form of interagency agreements with one or more other state agencies to perform the assessments required under this section. The interagency agreements shall specify the responsibilities of each agency in the performance of the assessments.
Sec. 5111.21. (A) Subject to sections 5111.01, 5111.011,
5111.012, 5111.02, and 5111.211 of the Revised Code, the department of job and
family services shall pay, as provided in sections 5111.20 to
5111.32 of the Revised Code, the reasonable costs of services
provided to an eligible medicaid recipient by an eligible nursing
facility or intermediate care facility for the mentally retarded.
In order to be eligible for medical assistance medicaid payments, the operator of a
nursing facility or intermediate care facility for the mentally
retarded shall do all of the following:
(1) Enter into a provider agreement with the department as
provided in section 5111.22, 5111.671, or 5111.672 of the Revised Code;
(2) Apply for and maintain a valid license to operate if
so required by law;
(3) Comply with all applicable state and federal laws and
rules.
(B) A (1) Except as provided in division (B)(2) of this section, the operator of a nursing facility that elects to obtain and maintain
eligibility for payments under the medicaid program shall qualify all of the facility's medicaid-certified beds in the medicare program established by Title XVIII of the "Social Security Act," 79 Stat. 286 (1965), 42 U.S.C. 1395. The director of job and family services may adopt rules in accordance with Chapter 119. under section 5111.02 of the Revised Code to establish the time frame in which a nursing facility must comply with this requirement.
(2) The Ohio veteran's home agency is not required to qualify all of the medicaid-certified beds in a nursing facility the agency maintains and operates under section 5907.01 of the Revised Code in the medicare program.
Sec. 5111.22. A provider agreement between the department
of
job and family services and the provider of a nursing facility or intermediate
care
facility for the mentally retarded shall contain the
following
provisions:
(A) The department agrees to make payments to the nursing facility or intermediate
care facility for the mentally retarded for patients eligible for
services under the medical assistance program provider, as provided in
sections 5111.20 to 5111.32 5111.33 of the Revised Code, for medicaid-covered services the facility provides to a resident of the facility who is a medicaid recipient.
No
payment
shall
be made for the day a medicaid recipient is discharged from
the
facility.
(B) The provider agrees to:
(1) Maintain eligibility as provided in section 5111.21 of
the Revised Code;
(2) Keep records relating to a cost reporting period for
the
greater of seven years after the cost report is filed or, if
the
department issues an audit report in accordance with division
(B)
of section 5111.27 of the Revised Code, six years after all
appeal
rights relating to the audit report are exhausted;
(3) File reports as required by the department;
(4) Open all records relating to the costs of its services
for inspection and audit by the department;
(5) Open its premises for inspection by the department,
the
department of health, and any other state or local authority
having authority to inspect;
(6) Supply to the department such information as it
requires
concerning the facility's services to patients residents who are
or are
eligible to be medicaid recipients;
(7) Comply with section 5111.31 of the Revised Code.
The provider agreement may contain other provisions that
are
consistent with law and considered necessary by the
department.
A provider agreement shall be effective for no longer than
twelve months, except that if federal statute or regulations
authorize a longer term, it may be effective for a longer term so
authorized. A provider agreement may be renewed only if the
facility is certified by the department of health for
participation in the medicaid program.
The department of job and family services, in accordance
with
rules
adopted by the director pursuant to Chapter 119. under section 5111.02 of the
Revised Code,
may elect
not to enter into, not to renew, or to
terminate a provider
agreement when the department determines that
such an agreement
would not be in the best interests of the medicaid
recipients or of the
state.
Sec. 5111.221. The department of job and family services shall make its
best
efforts each year to calculate rates under sections 5111.23 5111.20 to 5111.29 5111.33 of the
Revised Code in time to use them to make the payments due to nursing
facilities and intermediate care facilities for the mentally retarded providers by the
fifteenth day of August. If the department is unable to calculate the rates
so that they can be paid by that date, the department shall pay each facility provider
the rate calculated for it the provider's nursing facilities and intermediate care facilities for the mentally retarded under those sections at the end of the previous
fiscal year. If the department also is unable to calculate the rates to make
the payments due by the
fifteenth
day of September and the fifteenth day of October, the
department shall pay the previous fiscal year's rate to make those payments.
The department may increase by five per cent the previous fiscal year's rate
paid to for any facility pursuant to this section at the request of the facility provider.
The department shall use rates calculated for the current fiscal year to make
the payments due by the fifteenth day of November.
If the rate paid to a provider for a facility pursuant to this section is lower than the
rate calculated for it the facility for the current fiscal year, the department shall pay
the facility provider the difference between the two rates for the number of days for
which the facility provider was paid for the facility pursuant to this section. If the rate paid to for a
facility pursuant to this section is higher than the rate calculated for it
for the current fiscal year, the facility provider shall refund to the department the
difference between the two rates for the number of days for which the facility provider
was paid for the facility pursuant to this section.
Sec. 5111.222. (A) Except as otherwise provided by sections 5111.20 to 5111.33 of the Revised Code and by division (B) of this section, the payments that the department of job and family services shall agree to make to the provider of a nursing facility pursuant to a provider agreement shall equal the sum of all of the following:
(1) The rate for direct care costs determined for the nursing facility under section 5111.231 of the Revised Code;
(2) The rate for ancillary and support costs determined for the nursing facility's ancillary and support cost peer group under section 5111.24 of the Revised Code;
(3) The rate for tax costs determined for the nursing facility under section 5111.242 of the Revised Code;
(4) The rate for franchise permit fees determined for the nursing facility under section 5111.243 of the Revised Code;
(5) The quality incentive payment paid to the nursing facility's quality tier group under section 5111.244 of the Revised Code;
(6) The median rate for capital costs for the nursing facilities in the nursing facility's capital costs peer group as determined under section 5111.25 of the Revised Code.
(B) The department shall adjust the payment otherwise determined under division (A) of this section as directed by the general assembly through the enactment of law governing medicaid payments to providers of nursing facilities, including any law that does either of the following:
(1) Establishes factors by which the payments are to be adjusted;
(2) Establishes a methodology for phasing in the rates determined for fiscal year 2006 under uncodified law the general assembly enacts to rates determined for subsequent fiscal years under sections 5111.20 to 5111.33 of the Revised Code.
Sec. 5111.223. The operator of a nursing facility or intermediate care facility for the mentally retarded may enter into provider agreements for more than one nursing facility or intermediate care facility for the mentally retarded.
Sec. 5111.23. (A) The department of job and family
services shall
pay a provider for each of the provider's eligible nursing facility and intermediate care facility facilities
for the mentally retarded a per resident per day rate for direct
care costs established prospectively for each facility. The department
shall establish each facility's rate for direct care costs
quarterly.
(B) Each facility's rate for direct care costs shall be
based on the facility's cost per case-mix unit, subject to the
maximum costs per case-mix unit established under division
(B)(2) of this section, from the calendar year preceding
the fiscal year in which the rate is paid. To determine the
rate, the department shall do all of the following:
(1) Determine each facility's cost per case-mix unit for
the calendar year preceding the fiscal year in which the rate
will be paid by dividing the facility's desk-reviewed, actual,
allowable, per diem direct care costs for that year by its
average case-mix score determined under section 5111.231 5111.232 of the
Revised Code for the same calendar year.
(2)(a) Set the maximum cost per case-mix unit for each peer
group of nursing facilities specified in rules adopted under
division (E) of this section at a percentage above the cost per
case-mix unit of the facility in the group that has the group's
median medicaid inpatient day for the calendar year preceding
the fiscal year in which the rate will be paid, as calculated
under division (B)(1) of this section, that is no less than the
percentage calculated under division (D)(1) of this section.
(b) Set the maximum cost per case-mix unit for each peer
group of intermediate care facilities for the mentally retarded
with more than eight beds specified in rules adopted under
division (E) of this section at a percentage above the cost per
case-mix unit of the facility in the group that has the group's
median medicaid inpatient day for the calendar year preceding
the fiscal year in which the rate will be paid, as calculated
under division (B)(1) of this section, that is no less than the
percentage calculated under division (D)(2) of this section.
(c)(b) Set the maximum cost per case-mix unit for each peer
group of intermediate care facilities for the mentally retarded
with eight or fewer beds specified in rules adopted under
division (E) of this section at a percentage above the cost per
case-mix unit of the facility in the group that has the group's
median medicaid inpatient day for the calendar year preceding
the fiscal year in which the rate will be paid, as calculated
under division (B)(1) of this section, that is no less than the
percentage calculated under division (D)(3) of this section.
(d)(c) In calculating the maximum cost per case-mix unit under divisions
(B)(2)(a) to (c)(b) of this section for each peer group, the department shall
exclude from its calculations the cost per case-mix unit of any facility in
the group that participated in the medical assistance medicaid program under the same
operator for less than twelve months during the calendar year preceding the
fiscal year in which the rate will be paid.
(3) Estimate the rate of inflation for the eighteen-month
period beginning on the first day of July of the calendar year
preceding the fiscal year in which the rate will be paid and
ending on the thirty-first day of December of the fiscal year in
which the rate will be paid, using the employment cost index for
total compensation, health services component, published by the
United States bureau of labor statistics. If the estimated
inflation rate for the eighteen-month period is different from
the actual inflation rate for that period, as measured using the
same index, the difference shall be added to or subtracted from
the inflation rate estimated under division (B)(3) of this
section for the following fiscal year.
(4) The department shall not recalculate a maximum cost
per case-mix unit under division (B)(2) of this
section or a percentage under division (D) of this section based
on additional information that it receives after the maximum
costs per case-mix unit or percentages are set. The department
shall recalculate a maximum cost per case-mix units or percentage
only if it made an error in computing the maximum cost per
case-mix unit or percentage based on information available at the
time of the original calculation.
(C) Each facility's rate for direct care costs shall be
determined as follows for each calendar quarter within a fiscal
year:
(1) Multiply the lesser of the following by the facility's
average case-mix score determined under section 5111.231 5111.232 of the
Revised Code for the calendar quarter that preceded the
immediately preceding calendar quarter:
(a) The facility's cost per case-mix unit for the calendar
year preceding the fiscal year in which the rate will be paid, as
determined under division (B)(1) of this section;
(b) The maximum cost per case-mix unit established for
the fiscal year in which the rate will be paid for the facility's
peer group under division (B)(2) of this section;
(2) Adjust the product determined under division
(C)(1)
of this section by the inflation rate estimated under division
(B)(3) of this section.
(D)(1) The department shall calculate the percentage above
the median cost per case-mix unit determined under division
(B)(1) of this section for the facility that has the median
medicaid inpatient day for calendar year 1992 for all nursing
facilities that would result in payment of all desk-reviewed,
actual, allowable direct care costs for eighty-five per cent of
the medicaid inpatient days for nursing facilities for calendar
year 1992.
(2) The department shall calculate the percentage above
the median cost per case-mix unit determined under division
(B)(1) of this section for the facility that has the median
medicaid inpatient day for calendar year 1992 for all
intermediate care facilities for the mentally retarded with more
than eight beds that would result in payment of all
desk-reviewed, actual, allowable direct care costs for eighty and
one-half per cent of the medicaid inpatient days for such
facilities for calendar year 1992.
(3)(2) The department shall calculate the percentage above
the median cost per case-mix unit determined under division
(B)(1) of this section for the facility that has the median
medicaid inpatient day for calendar year 1992 for all
intermediate care facilities for the mentally retarded with eight
or fewer beds that would result in payment of all desk-reviewed,
actual, allowable direct care costs for eighty and one-half per
cent of the medicaid inpatient days for such facilities for
calendar year 1992.
(E) The director of job and family services shall
adopt rules in accordance with
Chapter 119. under section 5111.02 of the Revised Code that specify peer groups of
nursing facilities, intermediate care facilities for the mentally
retarded with more than eight beds, and intermediate care
facilities for the mentally retarded with eight or fewer beds,
based on findings of significant per diem direct care cost
differences due to geography and facility bed-size. The rules
also may specify peer groups based on findings of significant per
diem direct care cost differences due to other factors which may
include, in the case of intermediate care facilities for the
mentally retarded, case-mix.
(F) The department, in accordance with division (C)(D) of
section 5111.231 5111.232 of the Revised Code and rules adopted under
division (D)(E) of that section, may assign case-mix scores or costs
per case-mix unit if a facility provider fails to submit assessment
information data necessary to calculate its an intermediate care facility for the mentally retarded's case-mix score in
accordance with that section.
Sec. 5111.231. (A) As used in this section, "applicable calendar year" means the following:
(1) For the purpose of the department of job and family services' initial determination under division (D) of this section of each peer group's cost per case-mix unit, calendar year 2003;
(2) For the purpose of the department's subsequent determinations under division (D) of this section of each peer group's cost per case-mix unit, the calendar year the department selects.
(B) The department of job and family services shall pay a provider for each of the provider's eligible nursing facilities a per resident per day rate for direct care costs determined semi-annually by multiplying the cost per case-mix unit determined under division (D) of this section for the facility's peer group by the facility's semiannual case-mix score determined under section 5111.232 of the Revised Code.
(C) For the purpose of determining nursing facilities' rate for direct care costs, the department shall establish three peer groups.
Each nursing facility located in any of the following counties shall be placed in peer group one: Brown, Butler, Clermont, Clinton, Hamilton, and Warren.
Each nursing facility located in any of the following counties shall be placed in peer group two: Ashtabula, Champaign, Clark, Cuyahoga, Darke, Delaware, Fairfield, Fayette, Franklin, Fulton, Geauga, Greene, Hancock, Knox, Lake, Licking, Lorain, Lucas, Madison, Marion, Medina, Miami, Montgomery, Morrow, Ottawa, Pickaway, Portage, Preble, Ross, Sandusky, Seneca, Summit, Union, and Wood.
Each nursing facility located in any of the following counties shall be placed in peer group three: Adams, Allen, Ashland, Athens, Auglaize, Belmont, Carroll, Columbiana, Coshocton, Crawford, Defiance, Erie, Gallia, Guernsey, Hardin, Harrison, Henry, Highland, Hocking, Holmes, Huron, Jackson, Jefferson, Lawrence, Logan, Mahoning, Meigs, Mercer, Monroe, Morgan, Muskingum, Noble, Paulding, Perry, Pike, Putnam, Richland, Scioto, Shelby, Stark, Trumbull, Tuscarawas, Van Wert, Vinton, Washington, Wayne, Williams, and Wyandot.
(D)(1) At least once every ten years, the department shall determine a cost per case-mix unit for each peer group established under division (C) of this section. A cost per case-mix unit determined under this division for a peer group shall be used for subsequent years until the department redetermines it. To determine a peer group's cost per case-mix unit, the department shall do all of the following:
(a) Determine the cost per case-mix unit for each nursing facility in the peer group for the applicable calendar year by dividing each facility's desk-reviewed, actual, allowable, per diem direct care costs for the applicable calendar year by the facility's annual average case-mix score determined under section 5111.232 of the Revised Code for the applicable calendar year.
(b) Subject to division (D)(2) of this section, identify which nursing facility in the peer group is at the twenty-fifth percentile of the cost per case-mix units determined under division (D)(1)(a) of this section.
(c) Calculate the amount that is seven per cent above the cost per case-mix unit determined under division (D)(1)(a) of this section for the nursing facility identified under division (D)(1)(b) of this section.
(d) Multiply the amount calculated under division (D)(1)(c) of this section by the rate of inflation for the eighteen-month period beginning on the first day of July of the applicable calendar year and ending the last day of December of the calendar year immediately following the applicable calendar year using the employment cost index for total compensation, health services component, published by the United States bureau of labor statistics.
(2) In making the identification under division (D)(1)(b) of this section, the department shall exclude both of the following:
(a) Nursing facilities that participated in the medicaid program under the same provider for less than twelve months in the applicable calendar year;
(b) Nursing facilities whose direct care costs are more than one standard deviation from the mean desk-reviewed, actual, allowable, per diem direct care cost for all nursing facilities in the nursing facility's peer group for the applicable calendar year.
(3) The department shall not redetermine a peer group's cost per case-mix unit under this division based on additional information that it receives after the peer group's per case-mix unit is determined. The department shall redetermine a peer group's cost per case-mix unit only if it made an error in determining the peer group's cost per case-mix unit based on information available to the department at the time of the original determination.
Sec. 5111.231 5111.232. (A)(1) The department of job and family
services shall
determine semiannual and annual average case-mix scores for nursing facilities by
using data for
each resident, regardless of payment source, all of the following:
(a) Data from a
resident
assessment instrument specified in rules adopted in
accordance
with Chapter 119. under section 5111.02 of the
Revised Code pursuant
to
section
1919(e)(5) of the "Social Security Act," 49
Stat.
620
(1935), 42
U.S.C.A. 1396r(e)(5), as amended, and for the following residents:
(i) When determining semi-annual case-mix scores, each resident who is a medicaid recipient;
(ii) When determining annual average case-mix scores, each resident regardless of payment source.
(b) Except as provided in rules authorized by division (A)(2)(a) and (b) of this section, the case-mix
values
established by the United States department of health and
human
services. Except;
(c) Except as modified in rules adopted under authorized by
division
(A)(1)(2)(c) of this section, the department also
shall use
the grouper methodology used
on June 30,
1999, by the United
States
department of health and human services for prospective
payment of skilled
nursing facilities under the medicare program
established by Title
XVIII of the "Social Security Act," 49
Stat.
620 (1935), 42 U.S.C.A. 301, as amended. The
(2) The
director of job and
family services may
adopt rules in accordance with Chapter 119. under section 5111.02 of
the Revised Code that do any of the following:
(a) Adjust the case-mix values specified in division (A)(1)(b) of this section to reflect changes in
relative wage differentials that are specific to this state;
(b) Express all of the those case-mix values in numeric terms
that
are different from the terms specified by the United States
department of health and human services but that do not alter the
relationship of the case-mix values to one another;
(c) Modify the grouper methodology specified in division (A)(1)(c) of this section as follows:
(i) Establish a different hierarchy for assigning residents
to
case-mix categories under the methodology;
(ii) Prohibit the use of the index maximizer element of the
methodology;
(iii) Incorporate changes to the methodology the United
States department of health and human services makes after June
30, 1999;
(iv) Make other changes
the
nursing facility
reimbursement
study council established by section
5111.34 of the
Revised Code
approves department determines are necessary.
(2)(B) The department shall determine case-mix scores for
intermediate care facilities for the mentally retarded using data
for each resident, regardless of payment source, from a resident
assessment instrument and grouper methodology prescribed in rules
adopted in accordance
with Chapter 119. under section 5111.02 of the Revised Code and
expressed in case-mix values
established by the department in
those rules.
(B) Not later than fifteen days after the end of each
(C) Each calendar quarter, each nursing facility and intermediate care
facility for the mentally retarded provider shall submit to the department
the compile complete assessment data, from the resident assessment instrument specified in
rules adopted under authorized by division (A) or (B) of this section, for each
resident of each of the provider's facilities, regardless of payment source, who was in the facility
or
on hospital or therapeutic leave from the facility on the last
day
of the quarter. Providers of a nursing facility shall submit the data to the department of health and, if required by rules, the department of job and family services. Providers of an intermediate care facility for the mentally retarded shall submit the data to the department of job and family services. The data shall be submitted not later than fifteen days after the end of the calendar quarter for which the data is compiled.
Except as provided in division (C)(D) of this section, the
department, every six months and after the end of each calendar year and pursuant to
procedures specified in rules adopted in accordance with Chapter
119. of the Revised Code, shall calculate an a semiannual and annual average
case-mix score for each nursing facility and intermediate care
facility for the mentally retarded using the facility's quarterly
case-mix scores for that six-month period or calendar year. Also except as provided in division (D) of this section, the department, after the end of each calendar year, shall calculate an annual average case-mix score for each intermediate care facility for the mentally retarded using the facility's quarterly case-mix scores for that calendar year. The department shall make the calculations pursuant to procedures specified in rules adopted under section 5111.02 of the Revised Code.
(C)(D)(1) If a facility provider does not timely submit information
for
a calendar quarter necessary to calculate its a facility's case-mix score,
or
submits incomplete or inaccurate information for a calendar
quarter, the department may assign the facility a quarterly
average case-mix score that is five per cent less than the
facility's quarterly average case-mix score for the preceding
calendar quarter. If the facility was subject to an exception
review under division (C) of section 5111.27 of the Revised Code
for the preceding calendar quarter, the department may assign a
quarterly average case-mix score that is five per cent less than
the score determined by the exception review. If the facility
was
assigned a quarterly average case-mix score for the preceding
quarter, the department may assign a quarterly average case-mix
score that is five per cent less than that score assigned for the
preceding quarter.
The department may use a quarterly average case-mix score
assigned under division (C)(D)(1) of this section, instead of a
quarterly average case-mix score calculated based on the
facility's provider's submitted information, to calculate the facility's
rate
for direct care costs being established under section
5111.23 or 5111.231 of
the Revised Code for one or more months, as specified
in rules
adopted under authorized by division (D)(E) of this section, of the
quarter for
which the rate established under section 5111.23 or 5111.231 of
the Revised
Code will be paid.
Before taking action under division (C)(D)(1) of this section,
the department shall permit the facility provider a reasonable period of
time, specified in rules adopted under authorized by division (D)(E) of this
section, to correct the information. In the case of an
intermediate care facility for the mentally retarded, the
department shall
not
assign a quarterly average case-mix score due
to late submission
of corrections to assessment information unless
the facility provider
fails to submit corrected information prior to the
eighty-first
day after the end of the calendar quarter to which
the
information pertains. In the case of a nursing facility, the
department
shall not assign a quarterly average case-mix score due
to late submission of
corrections to assessment information unless
the facility provider fails to submit
corrected information prior to the
earlier of the eighty-first day after the
end of the calendar
quarter to which the information pertains or the deadline
for
submission of such corrections established by regulations adopted
by the
United States department of health and human services under
Titles XVIII and XIX of the Social
Security Act.
(2) If a facility provider is paid a rate for a facility calculated using a
quarterly average case-mix score assigned under division (C)(D)(1)
of
this section for more than six months in a calendar year, the
department may assign the facility a cost per case-mix unit that
is five per cent less than the facility's actual or assigned cost
per case-mix unit for the preceding calendar year. The
department
may use the assigned cost per case-mix unit, instead
of
calculating the facility's actual cost per case-mix unit in
accordance with section 5111.23 or 5111.231 of the Revised Code, to establish
the facility's rate for direct care costs for the following
fiscal
year.
(3) The department shall take action under division (C)(D)(1)
or (2) of this section only in accordance with rules adopted
under authorized by
division (D)(E) of this section. The department shall not
take an
action that affects rates for prior payment periods
except in
accordance with sections 5111.27 and 5111.28 of the
Revised Code.
(D)(E) The director may shall adopt rules in accordance with
Chapter
119. under section 5111.02 of the Revised Code that do any all of the following:
(1) Specify whether providers of a nursing facility must submit the assessment data to the department of job and family services;
(2) Specify the medium or media through which the
completed
assessment information data shall be submitted;
(2)(3) Establish procedures under which the department will
review assessment information data shall be reviewed for accuracy and notify the
facility providers shall be notified of any information data that requires correction;
(3)(4) Establish procedures for facilities providers to correct
assessment information. The procedures may
prohibit an
intermediate care facility for the mentally
retarded from
submitting corrected assessment information, for the purpose of
calculating its annual average case-mix score, more than two
calendar quarters after the end of the quarter to which the
information pertains or, if the information pertains to the
quarter ending the thirty-first day of December, after the
thirty-first day of the following March data and specify a reasonable period of time by which providers shall submit the corrections. The procedures may
limit
the content of corrections by providers of nursing facilities in the manner
required
by regulations adopted by the United States department of
health and human services under Titles XVIII and
XIX of the Social
Security Act and
prohibit a nursing facility from submitting
corrected assessment information,
for the purpose of calculating
its annual average case-mix score, more than
the earlier of the
following:
(a) Two calendar quarters after the end of the quarter to
which
the information pertains or, if the information pertains to
the quarter ending
the thirty-first day of December, after the
thirty-first day of the
following March;
(b) The deadline for submission of such corrections
established
by regulations adopted by the United States department
of
health and human services under Titles XVIII and
XIX of the
Social Security Act.
(4)(5) Specify when and how the department will assign
case-mix
scores or costs per case-mix unit under division (C)(D) of
this
section if information necessary to calculate the facility's
average annual or quarterly case-mix score is not provided or
corrected in accordance with the procedures established by the
rules. Notwithstanding any other provision of sections 5111.20
to
5111.32 5111.33 of the Revised Code, the rules also may provide for
exclusion the following:
(a) Exclusion of case-mix scores assigned under division (C)(D) of this
section from calculation of the facility's an intermediate care facility for the mentally retarded's annual average
case-mix
score and the maximum cost per case-mix unit for the
facility's
peer group;
(b) Exclusion of case-mix scores assigned under division (D) of this section from calculation of a nursing facility's semiannual or annual average case-mix score and the cost per case-mix unit for the facility's peer group.
Sec. 5111.235. The department of job and family services shall pay a provider for each of the provider's
eligible
nursing facility and intermediate care facility facilities for the mentally
retarded a per
resident per day rate for other protected costs established
prospectively each
fiscal year for each facility. The rate for each facility shall
be the
facility's desk-reviewed, actual, allowable, per diem other
protected costs
from the calendar year preceding the fiscal year in which the
rate will be
paid, all adjusted, except for franchise permit fees paid under
section 3721.53
of the Revised Code, for the estimated inflation rate for the
eighteen-month
period beginning on the first day of July of the calendar year preceding the
fiscal year in which the rate will be paid and ending on the thirty-first day
of December of that fiscal year. The department shall estimate inflation using
the consumer price index for all urban consumers for nonprescription drugs and
medical supplies, as published by the United States bureau of labor statistics.
If the estimated inflation rate for the eighteen-month period is different
from the actual inflation rate for that period, the difference shall be added
to or subtracted from the inflation rate estimated for the following year.
Sec. 5111.24. (A) As used in this section, "applicable calendar year" means the following:
(1) For the purpose of the department of job and family services' initial determination under division (D) of this section of each peer group's rate for ancillary and support costs, calendar year 2003;
(2) For the purpose of the department's subsequent determinations under division (D) of this section of each peer group's rate for ancillary and support costs, the calendar year the department selects.
(B) The department of job and family services shall pay a provider for each of the provider's eligible nursing facilities a per resident per day rate for ancillary and support costs determined for the nursing facility's peer group under division (D) of this section.
(C) For the purpose of determining nursing facilities' rate for ancillary and support costs, the department shall establish six peer groups.
Each nursing facility located in any of the following counties shall be placed in peer group one or two: Brown, Butler, Clermont, Clinton, Hamilton, and Warren. Each nursing facility located in any of those counties that has fewer than one hundred beds shall be placed in peer group one. Each nursing facility located in any of those counties that has one hundred or more beds shall be placed in peer group two.
Each nursing facility located in any of the following counties shall be placed in peer group three or four: Ashtabula, Champaign, Clark, Cuyahoga, Darke, Delaware, Fairfield, Fayette, Franklin, Fulton, Geauga, Greene, Hancock, Knox, Lake, Licking, Lorain, Lucas, Madison, Marion, Medina, Miami, Montgomery, Morrow, Ottawa, Pickaway, Portage, Preble, Ross, Sandusky, Seneca, Summit, Union, and Wood. Each nursing facility located in any of those counties that has fewer than one hundred beds shall be placed in peer group three. Each nursing facility located in any of those counties that has one hundred or more beds shall be placed in peer group four.
Each nursing facility located in any of the following counties shall be placed in peer group five or six: Adams, Allen, Ashland, Athens, Auglaize, Belmont, Carroll, Columbiana, Coshocton, Crawford, Defiance, Erie, Gallia, Guernsey, Hardin, Harrison, Henry, Highland, Hocking, Holmes, Huron, Jackson, Jefferson, Lawrence, Logan, Mahoning, Meigs, Mercer, Monroe, Morgan, Muskingum, Noble, Paulding, Perry, Pike, Putnam, Richland, Scioto, Shelby, Stark, Trumbull, Tuscarawas, Van Wert, Vinton, Washington, Wayne, Williams, and Wyandot. Each nursing facility located in any of those counties that has fewer than one hundred beds shall be placed in peer group five. Each nursing facility located in any of those counties that has one hundred or more beds shall be placed in peer group six.
(D)(1) At least once every ten years, the department shall determine the rate for ancillary and support costs for each peer group established under division (C) of this section. The rate for ancillary and support costs determined under this division for a peer group shall be used for subsequent years until the department redetermines it. To determine a peer group's rate for ancillary and support costs, the department shall do all of the following:
(a) Determine the rate for ancillary and support costs for each nursing facility in the peer group for the applicable calendar year by using the greater of the nursing facility's actual inpatient days for the applicable calendar year or the inpatient days the nursing facility would have had for the applicable calendar year if its occupancy rate had been ninety per cent. For the purpose of determining a nursing facility's occupancy rate under division (D)(1)(a) of this section, the department shall include any beds that the nursing facility removes from its medicaid-certified capacity unless the nursing facility also removes the beds from its licensed bed capacity.
(b) Subject to division (D)(2) of this section, identify which nursing facility in the peer group is at the twenty-fifth percentile of the rate for ancillary and support costs for the applicable calendar year determined under division (D)(1)(a) of this section.
(c) Calculate the amount that is three per cent above the rate for ancillary and support costs determined under division (D)(1)(a) of this section for the nursing facility identified under division (D)(1)(b) of this section.
(d) Multiply the amount calculated under division (D)(1)(c) of this section by the rate of inflation for the eighteen-month period beginning on the first day of July of the applicable calendar year and ending the last day of December of the calendar year immediately following the applicable calendar year using the consumer price index for all items for all urban consumers for the north central region, published by the United States bureau of labor statistics.
(2) In making the identification under division (D)(1)(b) of this section, the department shall exclude both of the following:
(a) Nursing facilities that participated in the medicaid program under the same provider for less than twelve months in the applicable calendar year;
(b) Nursing facilities whose ancillary and support costs are more than one standard deviation from the mean desk-reviewed, actual, allowable, per diem ancillary and support cost for all nursing facilities in the nursing facility's peer group for the applicable calendar year.
(3) The department shall not redetermine a peer group's rate for ancillary and support costs under this division based on additional information that it receives after the rate is determined. The department shall redetermine a peer group's rate for ancillary and support costs only if it made an error in determining the rate based on information available to the department at the time of the original determination.
Sec. 5111.241. (A) The department of job and family services shall
pay a provider for each of the provider's eligible intermediate care facility facilities for the mentally
retarded a per resident per day rate for indirect care costs
established prospectively each fiscal year for each facility.
The rate for each intermediate care facility for the mentally
retarded shall be the sum of the following, but shall not exceed
the maximum rate established for the facility's peer group under
division (B) of this section:
(1) The facility's desk-reviewed, actual, allowable, per
diem indirect care costs from the calendar year preceding the
fiscal year in which the rate will be paid, adjusted for the
inflation rate estimated under division (C)(1) of this section;
(2) An efficiency incentive in the following amount:
(a) For fiscal years ending in even-numbered calendar
years:
(i) In the case of intermediate care facilities for the
mentally retarded with more than eight beds, seven and one-tenth
per cent of the maximum rate established for the facility's peer
group under division (B) of this section;
(ii) In the case of intermediate care facilities for the
mentally retarded with eight or fewer beds, seven per cent of the
maximum rate established for the facility's peer group under
division (B) of this section;
(b) For fiscal years ending in odd-numbered calendar
years, the amount calculated for the preceding fiscal year under
division (A)(2)(a) of this section.
(B)(1) The maximum rate for indirect care costs for each
peer group of intermediate care facilities for the mentally
retarded with more than eight beds specified in rules adopted
under division (D) of this section shall be determined as
follows:
(a) For fiscal years ending in even-numbered calendar
years, the maximum rate for each peer group shall be the rate that is no
less than twelve and four-tenths per cent above the median
desk-reviewed, actual, allowable, per diem indirect care cost for
all intermediate care facilities for the mentally retarded with
more than eight beds in the group, excluding facilities in the
group whose indirect care costs for that period are more than
three standard deviations from the mean desk-reviewed, actual,
allowable, per diem indirect care cost for all intermediate care
facilities for the mentally retarded with more than eight beds,
for the calendar year preceding the fiscal year in which the rate
will be paid, adjusted by the inflation rate estimated under
division (C)(1) of this section.
(b) For fiscal years ending in odd-numbered calendar
years, the maximum rate for each peer group is the group's
maximum rate for the previous fiscal year, adjusted for the
inflation rate estimated under division (C)(2) of this section.
(2) The maximum rate for indirect care costs for each peer
group of intermediate care facilities for the mentally retarded
with eight or fewer beds specified in rules adopted under
division (D) of this section shall be determined as follows:
(a) For fiscal years ending in even-numbered calendar
years, the maximum rate for each peer group shall be the rate
that is no less than ten and three-tenths per cent above the
median desk-reviewed, actual, allowable, per diem indirect care
cost for all intermediate care facilities for the mentally
retarded with eight or fewer beds in the group, excluding
facilities in the group whose indirect care costs are more than
three standard deviations from the mean desk-reviewed, actual,
allowable, per diem indirect care cost for all intermediate care
facilities for the mentally retarded with eight or fewer beds,
for the calendar year preceding the fiscal year in which the rate
will be paid, adjusted by the inflation rate estimated under
division (C)(1) of this section.
(b) For fiscal years that end in odd-numbered calendar
years, the maximum rate for each peer group is the group's
maximum rate for the previous fiscal year, adjusted for the
inflation rate estimated under division (C)(2) of this section.
(3) The department shall not recalculate a maximum rate
for indirect care costs under division (B)(1) or (2) of this
section based on additional information that it receives after
the maximum rate is set. The department shall recalculate the
maximum rate for indirect care costs only if it made an error in
computing the maximum rate based on the information available at
the time of the original calculation.
(C)(1) When adjusting rates for inflation under divisions
(A)(1), (B)(1)(a), and (B)(2)(a) of this section, the department
shall estimate the rate of inflation for the eighteen-month
period beginning on the first day of July of the calendar year
preceding the fiscal year in which the rate will be paid and
ending on the thirty-first day of December of the fiscal year in
which the rate will be paid, using the consumer price index for
all items for all urban consumers for the north central region,
published by the United States bureau of labor statistics.
(2) When adjusting rates for inflation under divisions
(B)(1)(b) and (B)(2)(b) of this section, the department shall
estimate the rate of inflation for the twelve-month period
beginning on the first day of January of the fiscal year
preceding the fiscal year in which the rate will be paid and
ending on the thirty-first day of December of the fiscal year in
which the rate will be paid, using the consumer price index for
all items for all urban consumers for the north central region,
published by the United States bureau of labor statistics.
(3) If an inflation rate estimated under division (C)(1)
or (2) of this section is different from the actual inflation
rate for the relevant time period, as measured using the same
index, the difference shall be added to or subtracted from the
inflation rate estimated pursuant to this division for the
following fiscal year.
(D) The director of job and family services shall
adopt rules in accordance with
Chapter 119. under section 5111.02 of the Revised Code that specify peer groups of
intermediate care facilities for the mentally retarded with more
than eight beds, and peer groups of intermediate care facilities
for the mentally retarded with eight or fewer beds, based on
findings of significant per diem indirect care cost differences
due to geography and facility bed-size. The rules also may
specify peer groups based on findings of significant per diem
indirect care cost differences due to other factors, including
case-mix.
Sec. 5111.242. (A) As used in this section:
(1) "Applicable calendar year" means the following:
(a) For the purpose of the department of job and family services' initial determination under this section of nursing facilities' rate for tax costs, calendar year 2003;
(b) For the purpose of the department's subsequent determinations under division (D) of this section of nursing facilities' rate for tax costs, the calendar year the department selects.
(2) "Tax costs" means the costs of taxes imposed under Chapter 5751. of the Revised Code, real estate taxes, personal property taxes, and corporate franchise taxes.
(B) The department of job and family services shall pay a provider for each of the provider's eligible nursing facilities a per resident per day rate for tax costs determined under division (C) of this section.
(C) At least once every ten years, the department shall determine the rate for tax costs for each nursing facility. The rate for tax costs determined under this division for a nursing facility shall be used for subsequent years until the department redetermines it. To determine a nursing facility's rate for tax costs, the department shall divide the nursing facility's desk-reviewed, actual, allowable tax costs paid for the applicable calendar year by the number of inpatient days the nursing facility would have had if its occupancy rate had been one hundred per cent during the applicable calendar year.
Sec. 5111.243. The department of job and family services shall pay a provider for each of the provider's eligible nursing facilities a per resident per day rate for the franchise permit fees paid for the nursing facility. The rate shall be equal to the franchise permit fee for the fiscal year for which the rate is paid.
Sec. 5111.244. (A) As used in this section, "deficiency" and "standard survey" have the same meanings as in section 5111.35 of the Revised Code.
(B) Each year, the department of job and family services shall pay each nursing facility placed in the first, second, and third quality tier groups established under division (C) of this section a quality incentive payment. Nursing facilities placed in the first group shall receive the highest payment. Nursing facilities placed in the second group shall receive the second highest payment. Nursing facilities placed in the third group shall receive the third highest payment. Nursing facilities placed in the fourth group shall receive no payment. The mean payment, weighted by medicaid days, shall be two per cent of the average rate for all nursing facilities calculated under sections 5111.20 to 5111.33 of the Revised Code, excluding this section. Nursing facilities placed in the fourth group shall be included for the purpose of determining the mean payment.
(C) Each year, the department shall establish four quality tier groups. Each group shall consist of one quarter of all nursing facilities participating in the medicaid program. The first group shall consist of the quarter of nursing facilities individually awarded the most number of points under division (D) of this section. The second group shall consist of the quarter of nursing facilities individually awarded the second most number of points under division (D) of this section. The third group shall consist of the quarter of nursing facilities individually awarded the third most number of points under division (D) of this section. The fourth group shall consist of the quarter of nursing facilities individually awarded the least number of points under division (D) of this section.
(D) Each year, the department shall award each nursing facility participating in the medicaid program one point for each of the following accountability measures the facility meets:
(1) The facility had no health deficiencies on the facility's most recent standard survey.
(2) The facility had no health deficiencies with a scope and severity level greater than E, as determined under nursing facility certification standards established under Title XIX, on the facility's most recent standard survey.
(3) The facility's resident satisfaction is above the statewide average.
(4) The facility's family satisfaction is above the statewide average.
(5) The number of hours the facility employs nurses is above the statewide average.
(6) The facility's employee retention rate is above the average for the facility's peer group established in division (C) of section 5111.231 of the Revised Code.
(7) The facility's occupancy rate is above the statewide average.
(8) The facility's medicaid utilization rate is above the statewide average.
(9) The facility's case-mix score is above the statewide average.
(E) The director of job and family services shall adopt rules under section 5111.02 of the Revised Code as necessary to implement this section. The rules shall include rules establishing the system for awarding points under division (D) of this section.
Sec. 5111.25. (A) As used in this section, "applicable calendar year" means the following:
(1) For the purpose of the department of job and family services' initial determination under division (D) of this section of each peer group's median rate for capital costs, calendar year 2003;
(2) For the purpose of the department's subsequent determinations under division (D) of this section of each peer group's median rate for capital costs, the calendar year the department selects.
(B) The department of job and family
services
shall pay a provider for each of the provider's eligible nursing facility facilities a per resident
per day
rate
for its reasonable capital costs established
prospectively
each fiscal year
for each facility. Except as
otherwise provided
in sections 5111.20 to
5111.32 of the Revised
Code, the A nursing facility's rate for capital costs shall
be based on the facility's median rate for capital
costs for
the calendar year
preceding the fiscal year in which the rate will
be paid nursing facilities in the nursing facility's peer group as determined under division (D) of this section. The
rate shall equal the sum of divisions (A)(1) to (3)
of this
section:
(1) The lesser of the following:
(a) Eighty-eight and sixty-five one-hundredths per cent of
the facility's desk-reviewed, actual, allowable, per diem cost of
ownership and eighty-five per cent of the facility's actual,
allowable, per diem cost of nonextensive renovation determined
under division (F) of this section;
(b) Eighty-eight and sixty-five one-hundredths per cent of
the following
limitation:
(i) For the fiscal year beginning July 1, 1993, sixteen
dollars per resident day;
(ii) For the fiscal year beginning July 1, 1994, sixteen
dollars per resident day, adjusted to reflect the rate of
inflation for the twelve-month period beginning July 1, 1992, and
ending June 30, 1993, using the consumer price index for shelter
costs for all urban consumers for the north central region,
published by the United States bureau of labor statistics;
(iii) For subsequent fiscal years, the limitation in
effect
during the previous fiscal year, adjusted to reflect the
rate of
inflation for the twelve-month period beginning on the
first day
of July for the calendar year preceding the calendar
year that
precedes the fiscal year and ending on the following
thirtieth day
of June, using the consumer price index for shelter
costs for all
urban consumers for the north central region,
published by the
United States bureau of labor statistics.
(2) Any efficiency incentive determined under division (D)
of this section;
(3) Any amounts for return on equity determined under
division (H) of this section (C) For the purpose of determining nursing facilities' rate for capital costs, the department shall establish six peer groups.
Each nursing facility located in any of the following counties shall be placed in peer group one or two: Brown, Butler, Clermont, Clinton, Hamilton, and Warren. Each nursing facility located in any of those counties that has fewer than one hundred beds shall be placed in peer group one. Each nursing facility located in any of those counties that has one hundred or more beds shall be placed in peer group two.
Each nursing facility located in any of the following counties shall be placed in peer group three or four: Ashtabula, Champaign, Clark, Cuyahoga, Darke, Delaware, Fairfield, Fayette, Franklin, Fulton, Geauga, Greene, Hancock, Knox, Lake, Licking, Lorain, Lucas, Madison, Marion, Medina, Miami, Montgomery, Morrow, Ottawa, Pickaway, Portage, Preble, Ross, Sandusky, Seneca, Summit, Union, and Wood. Each nursing facility located in any of those counties that has fewer than one hundred beds shall be placed in peer group three. Each nursing facility located in any of those counties that has one hundred or more beds shall be placed in peer group four.
Each nursing facility located in any of the following counties shall be placed in peer group five or six: Adams, Allen, Ashland, Athens, Auglaize, Belmont, Carroll, Columbiana, Coshocton, Crawford, Defiance, Erie, Gallia, Guernsey, Hardin, Harrison, Henry, Highland, Hocking, Holmes, Huron, Jackson, Jefferson, Lawrence, Logan, Mahoning, Meigs, Mercer, Monroe, Morgan, Muskingum, Noble, Paulding, Perry, Pike, Putnam, Richland, Scioto, Shelby, Stark, Trumbull, Tuscarawas, Van Wert, Vinton, Washington, Wayne, Williams, and Wyandot. Each nursing facility located in any of those counties that has fewer than one hundred beds shall be placed in peer group five. Each nursing facility located in any of those counties that has one hundred or more beds shall be placed in peer group six.
(D)(1) At least once every ten years, the department shall determine the median rate for capital costs for each peer group established under division (C) of this section. The median rate for capital costs determined under this division for a peer group shall be used for subsequent years until the department redetermines it. To determine a peer group's median rate for capital costs, the department shall do both of the following:
(a) Subject to division (D)(2) of this section, use the greater of each nursing facility's actual inpatient days for the applicable calendar year or the inpatient days the nursing facility would have had for the applicable calendar year if its occupancy rate had been one hundred per cent.
(b) Exclude both of the following:
(i) Nursing facilities that participated in the medicaid program under the same provider for less than twelve months in the applicable calendar year;
(ii) Nursing facilities whose capital costs are more than one standard deviation from the mean desk-reviewed, actual, allowable, per diem capital cost for all nursing facilities in the nursing facility's peer group for the applicable calendar year.
(2) For the purpose of determining a nursing facility's occupancy rate under division (D)(1)(a) of this section, the department shall include any beds that the nursing facility removes from its medicaid-certified capacity after June 30, 2005, unless the nursing facility also removes the beds from its licensed bed capacity.
(E) Buildings shall be depreciated using the straight line
method
over forty years or over a different period approved by
the
department. Components and equipment shall be depreciated
using
the straight-line method over a period designated in rules
adopted
by the director of job and family services in
accordance with
Chapter 119. under section 5111.02 of the
Revised Code, consistent with the guidelines
of the American
hospital association, or over a different period
approved by the
department. Any rules adopted under authorized by this division
that specify
useful lives of buildings, components, or equipment
apply only to
assets acquired on or after July 1, 1993.
Depreciation for costs
paid or reimbursed by any government agency
shall not be included
in cost of ownership or renovation capital costs unless
that part of the
payment under sections 5111.20 to 5111.32 5111.33 of the
Revised Code is
used to reimburse the government agency.
(B)(F) The capital cost basis of nursing facility assets
shall
be determined in the following manner:
(1) For purposes of calculating the rate to be paid for the
fiscal year beginning July 1, 1993, for facilities
with dates of
licensure on or before
June 30, 1993, the capital cost basis shall
be equal to the
following:
(a) For facilities that have not had a change of ownership
during the period beginning January 1, 1993, and ending June 30,
1993, the desk-reviewed, actual, allowable capital cost basis
that
is listed on the facility's cost report for the cost
reporting
period ending December 31, 1992, plus the actual,
allowable
capital cost basis of any assets constructed or
acquired after
December 31, 1992, but before July 1, 1993, if the
aggregate
capital costs of those assets would increase the
facility's rate
for capital costs by twenty or more cents per
resident per day.
(b) For facilities that have a date of licensure or had a
change of ownership during the period beginning January 1, 1993,
and ending June 30, 1993, the actual, allowable capital cost
basis
of the person or government entity that owns the facility
on June
30, 1993.
Capital cost basis shall be calculated as provided in
division (B)(1) of this section subject to approval by the United
States health care financing administration of any necessary
amendment to the state plan for providing medical assistance.
The department shall include the actual, allowable capital
cost basis of assets constructed or acquired during the period
beginning January 1, 1993, and ending June 30, 1993, in the
calculation for the facility's rate effective July 1, 1993, if
the
aggregate capital costs of the assets would increase the
facility's rate by twenty or more cents per resident per day and
the facility provides the department with sufficient
documentation
of the costs before June 1, 1993. If the facility
provides the
documentation after that date, the department shall
adjust the
facility's rate to reflect the costs of the assets one
month after
the first day of the month after the department
receives the
documentation.
(2) Except as provided in division (B)(4)(F)(3) of this
section,
for purposes of calculating the rates to be paid for
fiscal years
beginning after June 30, 1994, for
facilities with dates of
licensure on or before June 30,
1993, the capital cost basis of
each asset shall be equal to the
desk-reviewed, actual, allowable,
capital cost basis that is
listed on the facility's cost report
for the calendar year
preceding the fiscal year during which the
rate will be paid.
(3)(2) For facilities with dates of licensure after June
30,
1993, the capital cost basis shall be determined in
accordance
with the principles of the medicare program established under
Title XVIII of the "Social Security Act," 49 Stat. 620 (1935), 42
U.S.C.A. 301, as amended, except as otherwise provided in
sections
5111.20 to 5111.32 5111.33 of the Revised Code.
(4)(3) Except as provided in division (B)(5)(F)(4) of this
section,
if a provider transfers an interest in a facility to
another
provider
after June 30, 1993, there shall be no increase in the
capital
cost basis of the asset if the providers are related
parties or the provider to which the interest is transferred authorizes the provider that transferred the interest to continue to operate the facility under a lease, management agreement, or other arrangement. If
the providers are not related parties or if they are
related parties and
division (B)(5) of this section requires previous sentence does not prohibit the
adjustment of the
capital cost basis under this division, the
basis of the asset
shall be adjusted by the lesser of the
following:
(a) One-half of the change in construction costs during
the
time that the transferor held the asset, as calculated by the
department of job and family services using the "Dodge
building
cost indexes, northeastern and north central states," published by
Marshall and Swift;
(b) One-half of the change in the consumer price index for
all items for all urban consumers, as published by the United
States bureau of labor statistics, during the time that the
transferor held the asset.
(5)(4) If a provider transfers an interest in a
facility to
another provider who is a related party, the capital cost basis of
the asset
shall be adjusted as specified in division
(B)(4)(F)(3) of
this section for a transfer to a provider that is not a
related
party if all of the following conditions are met:
(a) The related party is a relative
of owner;
(b) Except as provided in division
(B)(5)(F)(4)(c)(ii) of this
section, the
provider making the transfer
retains no ownership
interest in the facility;
(c) The department of job and family services
determines
that the transfer is an arm's length
transaction
pursuant to
rules
the department shall adopt in accordance with Chapter 119. adopted under section 5111.02
of the
Revised Code no later than December 31,
2000. The rules
shall
provide that a transfer is an arm's length transaction if all of
the following apply:
(i) Once the transfer goes into effect, the provider that
made
the transfer has no direct or indirect interest in the
provider that acquires
the facility or the
facility itself,
including interest as an owner, officer, director, employee,
independent contractor,
or consultant, but excluding interest as a
creditor.
(ii) The provider that made the transfer does not reacquire
an
interest in the facility except through the exercise of a
creditor's rights in
the event of a default. If the provider
reacquires an interest in the
facility in this
manner, the
department shall treat the facility as if the transfer
never
occurred when the department calculates its reimbursement
rates
for capital costs.
(iii) The transfer satisfies any other criteria specified in
the
rules.
(d) Except in the case of hardship
caused by a catastrophic
event, as determined by the department,
or in the case of a
provider making the transfer who is at least sixty-five
years of
age,
not less than twenty years have elapsed since, for the same
facility, the capital cost basis was adjusted most recently under
division
(B)(5)(F)(4) of this section or
actual, allowable cost of
ownership was determined most recently under
division (C)(G)(9) of
this section.
(C)(G) As used in this division, "lease:
"Imputed interest" means the lesser of the prime rate plus two per cent or ten per cent.
"Lease expense" means lease
payments in the case of an operating lease and depreciation
expense and interest expense in the case of a capital lease. As
used in this division, "new
"New lease" means a lease, to a different
lessee, of a nursing facility that previously was operated under
a
lease.
(1) Subject to the limitation specified in division (A)(1)(B)
of this section, for a lease of a facility that was effective on
May 27, 1992, the entire lease expense is an actual, allowable capital
cost of ownership during the term of the existing lease. The
entire lease expense also is an actual, allowable capital cost of
ownership if a lease in existence on May 27, 1992, is renewed
under either of the following circumstances:
(a) The renewal is pursuant to a renewal option that was
in
existence on May 27, 1992;
(b) The renewal is for the same lease payment amount and
between the same parties as the lease in existence on May 27,
1992.
(2) Subject to the limitation specified in division (A)(1)(B)
of this section, for a lease of a facility that was in existence
but not operated under a lease on May 27, 1992, actual, allowable
cost of ownership capital costs shall include the lesser of the annual lease
expense or the annual depreciation expense and imputed interest
expense that would be calculated at the inception of the lease
using the lessor's entire historical capital asset cost basis,
adjusted by the lesser of the following amounts:
(a) One-half of the change in construction costs during
the
time the lessor held each asset until the beginning of the
lease,
as calculated by the department using the "Dodge building
cost
indexes, northeastern and north central states," published
by
Marshall and Swift;
(b) One-half of the change in the consumer price index for
all items for all urban consumers, as published by the United
States bureau of labor statistics, during the time the lessor
held
each asset until the beginning of the lease.
(3) Subject to the limitation specified in division (A)(1)(B)
of this section, for a lease of a facility with a date of
licensure on or after May 27, 1992, that is initially operated
under a lease, actual, allowable cost of ownership capital costs shall include
the annual lease expense if there was a substantial commitment of
money for construction of the facility after December 22, 1992,
and before July 1, 1993. If there was not a substantial
commitment of money after December 22, 1992, and before July 1,
1993, actual, allowable cost of ownership capital costs shall include the
lesser
of the annual lease expense or the sum of the following:
(a) The annual depreciation expense that would be
calculated
at the inception of the lease using the lessor's
entire historical
capital asset cost basis;
(b) The greater of the lessor's actual annual amortization
of financing costs and interest expense at the inception of the
lease or the imputed interest expense calculated at the inception
of the lease using seventy per cent of the lessor's historical
capital asset cost basis.
(4) Subject to the limitation specified in division (A)(1)(B)
of this section, for a lease of a facility with a date of
licensure on or after May 27, 1992, that was not initially
operated under a lease and has been in existence for ten years,
actual, allowable cost of ownership capital costs shall include the lesser of
the annual lease expense or the annual depreciation expense and
imputed interest expense that would be calculated at the
inception
of the lease using the entire historical capital asset
cost basis
of the lessor, adjusted by the lesser of the
following:
(a) One-half of the change in construction costs during
the
time the lessor held each asset until the beginning of the
lease,
as calculated by the department using the "Dodge building
cost
indexes, northeastern and north central states," published
by
Marshall and Swift;
(b) One-half of the change in the consumer price index for
all items for all urban consumers, as published by the United
States bureau of labor statistics, during the time the lessor
held
each asset until the beginning of the lease.
(5) Subject to the limitation specified in division (A)(1)(B)
of this section, for a new lease of a facility that was operated
under a lease on May 27, 1992, actual, allowable cost of
ownership capital costs
shall include the lesser of the annual new lease
expense or the
annual old lease payment. If the old lease was in
effect for ten
years or longer, the old lease payment from the
beginning of the
old lease shall be adjusted by the lesser of the
following:
(a) One-half of the change in construction costs from the
beginning of the old lease to the beginning of the new lease, as
calculated by the department using the "Dodge building cost
indexes, northeastern and north central states," published by
Marshall and Swift;
(b) One-half of the change in the consumer price index for
all items for all urban consumers, as published by the United
States bureau of labor statistics, from the beginning of the old
lease to the beginning of the new lease.
(6) Subject to the limitation specified in division (A)(1)(B)
of this section, for a new lease of a facility that was not in
existence or that was in existence but not operated under a lease
on May 27, 1992, actual, allowable cost of ownership capital costs shall
include
the lesser of annual new lease expense or the annual
amount
calculated for the old lease under division (C)(G)(2), (3),
(4), or
(6) of this section, as applicable. If the old lease was
in
effect for ten years or longer, the lessor's historical
capital
asset cost basis shall be adjusted by the lesser of the
following
for purposes of calculating the annual amount under
division
(C)(G)(2), (3), (4), or (6) of this section:
(a) One-half of the change in construction costs from the
beginning of the old lease to the beginning of the new lease, as
calculated by the department using the "Dodge building cost
indexes, northeastern and north central states," published by
Marshall and Swift;
(b) One-half of the change in the consumer price index for
all items for all urban consumers, as published by the United
States bureau of labor statistics, from the beginning of the old
lease to the beginning of the new lease.
In the case of a lease under division (C)(G)(3) of this
section
of a facility for which a substantial commitment of money
was made
after December 22, 1992, and before July 1, 1993, the
old lease
payment shall be adjusted for the purpose of
determining the
annual amount.
(7) For any revision of a lease described in division
(C)(G)(1), (2), (3), (4), (5), or (6) of this section, or for any
subsequent lease of a facility operated under such a lease, other
than execution of a new lease, the portion of actual, allowable
cost of ownership capital costs attributable to the lease shall be the same as
before the revision or subsequent lease.
(8) Except as provided in division
(C)(G)(9) of this section,
if a
provider leases an interest in a facility to another provider
who is a related
party or previously operated the facility, the related party's or previous operator's actual, allowable cost
of ownership capital costs shall
include the lesser of the annual lease expense
or the reasonable
cost to the lessor.
(9) If a provider leases an interest in a facility to
another provider who
is a related party, regardless of the date of
the lease, the related
party's actual, allowable cost of ownership capital costs
shall include the annual lease
expense, subject to the limitations
specified in divisions
(C)(G)(1) to (7) of this section,
if all of
the following conditions are met:
(a) The related party is a relative of owner;
(b) If the lessor retains an
ownership interest, it is,
except as provided in division
(C)(G)(9)(c)(ii) of this section, in
only the real property and any improvements
on the real property;
(c) The department of job and family services
determines
that the lease is an arm's length transaction
pursuant to
rules
the department shall adopt in accordance with Chapter 119. adopted under section 5111.02
of the
Revised Code no later than December 31,
2000. The rules
shall
provide that a lease is an arm's length transaction if all of the
following apply:
(i) Once the lease goes into effect, the lessor has no
direct or
indirect interest in the lessee or, except as provided
in division
(C)(G)(9)(b) of this section, the facility itself,
including
interest as an owner, officer, director, employee,
independent contractor, or
consultant, but excluding interest
as a
lessor.
(ii) The lessor does not reacquire an interest in the
facility
except through the exercise of a lessor's rights in the
event of a default.
If the lessor reacquires
an interest in the
facility in this manner, the department shall
treat the facility
as if the lease never occurred when the
department calculates its
reimbursement rates for capital costs.
(iii) The lease satisfies any other criteria specified in
the
rules.
(d) Except in the case of hardship
caused by a catastrophic
event, as determined by the department,
or in the case of a lessor
who is at least sixty-five years of age, not less
than twenty
years have elapsed since, for the same facility, the
capital cost
basis was adjusted most recently under division
(B)(5)(F)(4) of this
section or
actual, allowable cost of ownership was capital costs were determined most
recently under
division (C)(G)(9) of this section.
(10) This division does not apply to leases of specific
items of equipment.
(D)(1) Subject to division (D)(2) of this section, the
department shall pay
each nursing facility an efficiency incentive
that is equal to fifty per cent
of the difference between the
following:
(a) Eighty-eight and sixty-five one-hundredths per cent of
the facility's
desk-reviewed, actual, allowable, per diem cost of
ownership;
(b) The applicable amount specified in division (E) of
this
section.
(2) The efficiency incentive paid to a
nursing facility
shall not exceed the greater of the following:
(a) The efficiency incentive the facility was paid
during
the fiscal year ending June 30, 1994;
(b) Three dollars per resident per day, adjusted
annually
for rates paid beginning July 1, 1994, for the
inflation rate for
the twelve-month period beginning on the first
day of July of the
calendar year preceding the calendar
year that precedes the fiscal
year for which the efficiency
incentive is determined and ending
on the thirtieth day of the
following June, using the consumer
price index for
shelter costs for all urban consumers for the
north central
region, as published by the United States
bureau of
labor statistics.
(3) For purposes of calculating the efficiency
incentive,
depreciation for costs that are paid or reimbursed by any
government agency shall be considered as costs of ownership, and
renovation costs that are paid under division (F) of this section
shall not be considered costs of ownership.
(E) The following amounts shall be used to calculate
efficiency incentives for nursing facilities under this section:
(1) For facilities with dates of licensure prior to
January
1, 1958, four dollars and twenty-four cents per patient
day;
(2) For facilities with dates of licensure after December
31, 1957, but prior to January 1, 1968:
(a) Five dollars and twenty-four cents per patient day if
the cost of construction was three thousand five hundred dollars
or more per bed;
(b) Four dollars and twenty-four cents per patient day if
the cost of construction was less than three thousand five
hundred
dollars per bed.
(3) For facilities with dates of licensure after December
31, 1967, but prior to January 1, 1976:
(a) Six dollars and twenty-four cents per patient day if
the
cost of construction was five thousand one hundred fifty
dollars
or more per bed;
(b) Five dollars and twenty-four cents per patient day if
the cost of construction was less than five thousand one hundred
fifty dollars per bed, but exceeded three thousand five hundred
dollars per bed;
(c) Four dollars and twenty-four cents per patient day if
the cost of construction was three thousand five hundred dollars
or less per bed.
(4) For facilities with dates of licensure after December
31, 1975, but prior to January 1, 1979:
(a) Seven dollars and twenty-four cents per patient day if
the cost of construction was six thousand eight hundred dollars
or
more per bed;
(b) Six dollars and twenty-four cents per patient day if
the
cost of construction was less than six thousand eight hundred
dollars per bed but exceeded five thousand one hundred fifty
dollars per bed;
(c) Five dollars and twenty-four cents per patient day if
the cost of construction was five thousand one hundred fifty
dollars or less per bed, but exceeded three thousand five hundred
dollars per bed;
(d) Four dollars and twenty-four cents per patient day if
the cost of construction was three thousand five hundred dollars
or less per bed.
(5) For facilities with dates of licensure after December
31, 1978, but prior to January 1, 1981:
(a) Seven dollars and seventy-four cents per patient day
if
the cost of construction was seven thousand six hundred
twenty-five dollars or more per bed;
(b) Seven dollars and twenty-four cents per patient day if
the cost of construction was less than seven thousand six hundred
twenty-five dollars per bed but exceeded six thousand eight
hundred dollars per bed;
(c) Six dollars and twenty-four cents per patient day if
the
cost of construction was six thousand eight hundred dollars
or
less per bed but exceeded five thousand one hundred fifty
dollars
per bed;
(d) Five dollars and twenty-four cents per patient day if
the cost of construction was five thousand one hundred fifty
dollars or less but exceeded three thousand five hundred dollars
per bed;
(e) Four dollars and twenty-four cents per patient day if
the cost of construction was three thousand five hundred dollars
or less per bed.
(6) For facilities with dates of licensure in 1981 or any
year thereafter prior to December 22, 1992, the following amount:
(a) For facilities with construction costs less than seven
thousand six hundred twenty-five dollars per bed, the applicable
amounts for the construction costs specified in divisions
(E)(5)(b) to (e) of this section;
(b) For facilities with construction costs of seven
thousand
six hundred twenty-five dollars or more per bed, six
dollars per
patient day, provided that for 1981 and annually
thereafter prior
to December 22, 1992, department shall do both
of the following to
the six-dollar amount:
(i) Adjust the amount for fluctuations in construction
costs
calculated by the department using the "Dodge building cost
indexes, northeastern and north central states," published by
Marshall and Swift, using 1980 as the base year;
(ii) Increase the amount, as adjusted for inflation under
division (E)(6)(b)(i) of this section, by one dollar and
seventy-four cents.
(7) For facilities with dates of licensure on or after
January 1, 1992, seven dollars and ninety-seven cents, adjusted
for fluctuations in construction costs between 1991 and 1993 as
calculated by the department using the "Dodge building cost
indexes, northeastern and north central states," published by
Marshall and Swift, and then increased by one dollar and
seventy-four cents.
For the fiscal year that begins July 1, 1994, each of the
amounts listed in divisions (E)(1) to (7) of this section shall
be
increased by twenty-five cents. For the fiscal year that
begins
July 1, 1995, each of those amounts shall be increased by
an
additional twenty-five cents. For subsequent fiscal years,
each
of those amounts, as increased for the prior fiscal year,
shall be
adjusted to reflect the rate of inflation for the
twelve-month
period beginning on the first day of July of the
calendar year
preceding the calendar year that precedes the
fiscal year and
ending on the following thirtieth day of June,
using the consumer
price index for shelter costs for all urban
consumers for the
north central region, as published by the
United States bureau of
labor statistics.
If the amount established for a nursing facility under this
division is less than the amount that applied to the facility
under division (B) of former section 5111.25 of the Revised Code,
as the former section existed immediately prior to December 22,
1992, the amount used to calculate the efficiency incentive for
the facility under division (D)(2) of this section shall be the
amount that was calculated under division (B) of the former
section.
(F) Beginning July 1, 1993, regardless of the facility's
date of licensure or the date of the nonextensive renovations,
the
rate for the costs of nonextensive renovations for nursing
facilities shall be eighty-five per cent of the desk-reviewed,
actual, allowable, per diem, nonextensive renovation costs. This
division applies to nonextensive renovations regardless of
whether
they are made by an owner or a lessee. If the tenancy of
a lessee
that has made nonextensive renovations ends before the
depreciation expense for the renovation costs has been fully
reported, the former lessee shall not report the undepreciated
balance as an expense.
(1) For a nonextensive renovation made after July 1, 1993,
to qualify for payment under this division, both of the following
conditions must be met:
(a) At least five years have elapsed since the date of
licensure of the portion of the facility that is proposed to be
renovated, except that this condition does not apply if the
renovation is necessary to meet the requirements of federal,
state, or local statutes, ordinances, rules, or policies.
(b) The provider has obtained prior approval from the
department of job and family services, and if required
the
director of health has granted a certificate of need for the
renovation
under section 3702.52 of the Revised Code. The
provider shall submit a
plan that describes in detail the changes
in capital assets to be
accomplished by means of the renovation
and the timetable for
completing the project. The time for
completion of the project
shall be no more than eighteen months
after the renovation
begins. The department of job and family
services shall
adopt rules in accordance with Chapter 119. of the
Revised Code that specify
criteria and procedures for prior
approval of renovation
projects. No provider shall separate a
project with the intent
to evade the characterization of the
project as a renovation or
as an extensive renovation. No
provider shall increase the scope
of a project after it is
approved by the department of job and
family services unless the
increase in scope is approved by the
department.
(2) The payment provided for in this division is the only
payment that shall be made for the costs of a nonextensive
renovation. Nonextensive renovation costs shall not be included
in costs of ownership, and a nonextensive renovation shall not
affect the date of licensure for purposes of calculating the
efficiency incentive under divisions (D) and (E) of this section.
(G) The owner of a nursing facility operating under a
provider agreement shall provide written notice to the department
of job and family services at least forty-five days prior
to
entering into any contract of sale for the facility or voluntarily
terminating participation in the medical assistance program. (H)
After
the date
on which a transaction of sale is closed, the owner provider
shall
refund to the
department the amount of excess depreciation
paid to
the provider for the facility by the
department for each year the owner provider has
operated the facility under a provider
agreement and prorated
according to the number of medicaid patient days for
which the
facility provider has received payment for the facility. If a nursing facility is sold
after
five or fewer years of operation under a provider
agreement,
the refund to the
department shall be equal to the excess
depreciation paid to the facility. If
a nursing facility is sold
after more than five years but less than ten years
of operation
under a provider agreement, the refund to the department shall
equal the excess depreciation paid to the facility multiplied by
twenty per cent, multiplied by the difference between ten and the
number of years that the facility was operated under a provider
agreement. If a nursing facility is sold after ten or more years
of operation under a provider agreement, the owner shall not
refund any excess depreciation to the department. The
owner provider of a
facility that is sold or that
voluntarily terminates participation
in the medical assistance medicaid
program also shall refund any other
amount that the department
properly finds to be due after the
audit conducted under this
division. For the purposes of this
division, "depreciation paid
to the provider for the facility" means the amount
paid to the provider for the nursing facility
for cost of ownership capital costs pursuant to
this section less any amount
paid for interest costs, amortization
of financing
costs, and lease expenses. For the purposes of this
division, "excess depreciation" is the nursing facility's
depreciated
basis, which is the owner's provider's cost less accumulated
depreciation,
subtracted from the purchase price net of selling
costs
but not exceeding the amount
of depreciation paid to the provider for the
facility.
A cost report shall be filed with the department within
ninety days after the date on which the transaction of sale is
closed or participation is voluntarily terminated. The report
shall show the accumulated depreciation, the sales price, and
other information required by the department. The
department
shall provide for a bank, trust company, or savings and loan
association to hold in escrow the amount of the
last two monthly
payments to a nursing facility made pursuant to
division (A)(1) of
section 5111.22 of the Revised Code before a
sale or termination
of participation
or, if the owner fails, within the time required
by this division, to notify the
department before entering into a
contract of sale for the
facility, the amount of the first two
monthly payments made to the
facility after the department learns
of the contract, regardless
of whether a new owner is in
possession of the facility. If the
amount the owner will be
required to refund under this
section is
likely to be less than
the amount of the
two
monthly payments
otherwise put into escrow
under this division, the department
shall take one of the
following
actions instead of withholding the
amount of the
two
monthly
payments:
(1) In the case of an owner that owns other facilities
that
participate in the medical assistance program, obtain a
promissory
note in an amount sufficient to cover the amount
likely to be
refunded;
(2) In the case of all other owners, withhold the amount
of
the last monthly payment to the nursing facility
or, if the owner
fails, within the time required by this division, to notify the
department before entering into a contract of sale for the
facility, the amount of the first monthly payment made to the
facility after the department learns of the contract, regardless
of whether a new owner is in possession of the facility.
The department shall, within ninety days following the
filing
of the cost report, audit the cost report and issue an
audit
report to the owner. The department also may audit any
other cost
report that the facility has filed during the previous
three
years. In the audit report, the department shall state its
findings and the amount of any money owed to the department by
the
nursing facility. The findings shall be subject to
adjudication
conducted in accordance with Chapter 119. of the
Revised Code. No
later than fifteen days after the owner agrees
to a settlement,
any funds held in escrow less any amounts due to
the department
shall be released to the owner and amounts due to
the department
shall be paid to the department. If the amounts
in escrow are
less than the amounts due to the department, the
balance shall be
paid to the department within fifteen days after
the owner agrees
to a settlement. If the department does not
issue its audit
report within the ninety-day period, the
department shall release
any money held in escrow to the owner.
For the purposes of this
section, a transfer of corporate stock,
the merger of one
corporation into another, or a consolidation
does not constitute a
sale.
If a nursing facility is not sold or its participation is
not
terminated after notice is provided to the department under
this
division, the department shall order any payments held in
escrow
released to the facility upon receiving written notice
from the
owner that there will be no sale or termination. After
written
notice is received from a nursing facility that a sale or
termination will not take place, the facility shall provide
notice
to the department at least forty-five days prior to
entering into
any contract of sale or terminating participation
at any future
time.
(H) The department shall pay each eligible proprietary
nursing facility a return on the facility's net equity computed
at
the rate of one and one-half times the average interest rate
on
special issues of public debt obligations issued to the
federal
hospital insurance trust fund for the cost reporting
period,
except that no facility's return on net equity shall
exceed
fifty
cents per patient day.
When calculating the rate for return on net equity, the
department shall use the greater of the facility's inpatient days
during the applicable cost reporting period or the number of
inpatient days the facility would have had during that period if
its occupancy rate had been ninety-five per cent.
(I) If a nursing facility would receive a lower rate for
capital costs for assets in the facility's possession on July 1,
1993, under this section than it would receive under former
section 5111.25 of the Revised Code, as the former section
existed
immediately prior to December 22, 1992, the facility
shall receive
for those assets the rate it would have received
under the former
section for each fiscal year beginning on or
after July 1, 1993,
until the rate it would receive under this
section exceeds the
rate it would have received under the former
section. Any
facility that receives a rate calculated under the
former section
5111.25 of the Revised Code for assets in the
facility's
possession on July 1, 1993, also shall receive a rate
calculated
under this section for costs of any assets it
constructs or
acquires after July 1, 1993.
Sec. 5111.251. (A) The department of job and family
services shall pay a provider for each of the provider's eligible intermediate care facility facilities for
the mentally
retarded for its reasonable capital costs, a per
resident per day
rate established prospectively each fiscal year
for each
intermediate care facility for the mentally retarded.
Except as
otherwise provided in sections 5111.20 to 5111.32 5111.33 of the
Revised
Code, the rate shall be based on the facility's capital
costs for
the calendar year preceding the fiscal year in which the
rate
will be paid. The rate shall equal the sum of the following:
(1) The facility's desk-reviewed, actual, allowable, per
diem cost of ownership for the preceding cost reporting period,
limited as provided in divisions (C) and (F) of this section;
(2) Any efficiency incentive determined under division (B)
of this section;
(3) Any amounts for renovations determined under division
(D) of this section;
(4) Any amounts for return on equity determined under
division (I) of this section.
Buildings shall be depreciated using the straight line
method
over forty years or over a different period approved by
the
department. Components and equipment shall be depreciated
using
the straight line method over a period designated by the
director
of job and family services in rules adopted
in accordance with
Chapter 119. under section 5111.02 of
the Revised Code, consistent with the guidelines
of the American
hospital association, or over a different period
approved by the
department of job and family services. Any rules
adopted
under authorized by this division that specify
useful lives of
buildings, components, or equipment apply only to
assets acquired
on or after July 1, 1993. Depreciation for costs
paid or
reimbursed by any government agency shall not be included
in costs
of ownership or renovation unless that part of the
payment under
sections 5111.20 to 5111.32 5111.33 of the Revised Code is
used to
reimburse the government agency.
(B) The department of job and family services shall pay
to a provider for
each of the provider's eligible intermediate care facility facilities for the mentally retarded an
efficiency
incentive equal
to fifty per cent of the difference
between any desk-reviewed,
actual, allowable cost of ownership and
the applicable limit on
cost of ownership payments under division
(C) of this section. For purposes
of computing the efficiency
incentive, depreciation for costs paid or
reimbursed by any
government agency shall be considered as a cost of
ownership, and
the applicable limit under division (C) of this section shall
apply both to facilities with more than eight beds and facilities
with eight
or fewer beds. The efficiency incentive paid to a provider for a
facility with eight or
fewer beds shall not exceed
three dollars
per patient day, adjusted annually for the
inflation rate for the
twelve-month period beginning on the first
day of July of the
calendar year preceding the calendar year that
precedes the fiscal
year for which the efficiency incentive is
determined and ending
on the thirtieth day of the following June,
using the consumer
price index for shelter costs for all urban
consumers for the
north central region, as published by the
United States bureau of
labor statistics.
(C) Cost of ownership payments to for intermediate care
facilities for the mentally retarded with more than eight beds
shall not exceed the following limits:
(1) For facilities with dates of licensure prior to
January
1, l958, not exceeding two dollars and fifty cents per
patient
day;
(2) For facilities with dates of licensure after December
31, l957, but prior to January 1, l968, not exceeding:
(a) Three dollars and fifty cents per patient day if the
cost of construction was three thousand five hundred dollars or
more per bed;
(b) Two dollars and fifty cents per patient day if the
cost
of construction was less than three thousand five hundred
dollars
per bed.
(3) For facilities with dates of licensure after December
31, l967, but prior to January 1, l976, not exceeding:
(a) Four dollars and fifty cents per patient day if the
cost
of construction was five thousand one hundred fifty dollars
or
more per bed;
(b) Three dollars and fifty cents per patient day if the
cost of construction was less than five thousand one hundred
fifty
dollars per bed, but exceeds three thousand five hundred
dollars
per bed;
(c) Two dollars and fifty cents per patient day if the
cost
of construction was three thousand five hundred dollars or
less
per bed.
(4) For facilities with dates of licensure after December
31, l975, but prior to January 1, l979, not exceeding:
(a) Five dollars and fifty cents per patient day if the
cost
of construction was six thousand eight hundred dollars or
more per
bed;
(b) Four dollars and fifty cents per patient day if the
cost
of construction was less than six thousand eight hundred
dollars
per bed but exceeds five thousand one hundred fifty
dollars per
bed;
(c) Three dollars and fifty cents per patient day if the
cost of construction was five thousand one hundred fifty dollars
or less per bed, but exceeds three thousand five hundred dollars
per bed;
(d) Two dollars and fifty cents per patient day if the
cost
of construction was three thousand five hundred dollars or
less
per bed.
(5) For facilities with dates of licensure after December
31, l978, but prior to January 1, l980, not exceeding:
(a) Six dollars per patient day if the cost of
construction
was seven thousand six hundred twenty-five dollars
or more per
bed;
(b) Five dollars and fifty cents per patient day if the
cost
of construction was less than seven thousand six hundred
twenty-five dollars per bed but exceeds six thousand eight
hundred
dollars per bed;
(c) Four dollars and fifty cents per patient day if the
cost
of construction was six thousand eight hundred dollars or
less per
bed but exceeds five thousand one hundred fifty dollars
per bed;
(d) Three dollars and fifty cents per patient day if the
cost of construction was five thousand one hundred fifty dollars
or less but exceeds three thousand five hundred dollars per bed;
(e) Two dollars and fifty cents per patient day if the
cost
of construction was three thousand five hundred dollars or
less
per bed.
(6) For facilities with dates of licensure after
December
31, 1979, but prior to
January 1, 1981, not exceeding:
(a) Twelve dollars per patient day if the beds were
originally licensed as
residential facility beds by the department
of mental retardation and
developmental disabilities;
(b) Six dollars per patient day if the beds were originally
licensed as nursing home beds by the department of health.
(7) For facilities with dates of licensure after December
31,
1980, but prior to January 1, 1982, not exceeding:
(a) Twelve dollars per patient day if the beds were
originally
licensed as residential facility beds by the department
of mental retardation
and developmental disabilities;
(b) Six dollars and forty-five cents per patient day if the
beds
were originally licensed as nursing home beds by the
department of health.
(8) For facilities with dates of licensure after December
31,
1981, but prior to January 1, 1983, not exceeding:
(a) Twelve dollars per patient day if the beds were
originally
licensed as residential facility beds by the department
of mental retardation
and developmental disabilities;
(b) Six dollars and seventy-nine cents per patient day if
the beds
were originally licensed as nursing home beds by the
department of health.
(9) For facilities with dates of licensure after December
31,
1982, but prior to January 1, 1984, not exceeding:
(a) Twelve dollars per patient day if the beds were
originally
licensed as residential facility beds by the department
of mental retardation
and developmental disabilities;
(b) Seven dollars and nine cents per patient day if the beds
were
originally licensed as nursing home beds by the department of
health.
(10) For facilities with dates of licensure after December
31,
1983, but prior to January 1, 1985, not exceeding:
(a) Twelve dollars and twenty-four cents per patient day if
the
beds were originally
licensed as residential facility beds by
the department of mental retardation
and developmental
disabilities;
(b) Seven dollars and twenty-three cents per patient day if
the
beds were
originally licensed as nursing home beds by the
department of health.
(11) For facilities with dates of licensure after December
31,
1984, but prior to January 1, 1986, not exceeding:
(a) Twelve dollars and fifty-three cents per patient day if
the
beds were originally
licensed as residential facility beds by
the department of mental retardation
and developmental
disabilities;
(b) Seven dollars and forty cents per patient day if the
beds were
originally licensed as nursing home beds by the
department of health.
(12) For facilities with dates of licensure after December
31,
1985, but prior to January 1, 1987, not exceeding:
(a) Twelve dollars and seventy cents per patient day if the
beds were originally
licensed as residential facility beds by the
department of mental retardation
and developmental disabilities;
(b) Seven dollars and fifty cents per patient day if the
beds were
originally licensed as nursing home beds by the
department of health.
(13) For facilities with dates of licensure after December
31,
1986, but prior to January 1, 1988, not exceeding:
(a) Twelve dollars and ninety-nine cents per patient day if
the
beds were originally
licensed as residential facility beds by
the department of mental retardation
and developmental
disabilities;
(b) Seven dollars and sixty-seven cents per patient day if
the
beds were
originally licensed as nursing home beds by the
department of health.
(14) For facilities with dates of licensure after December
31,
1987, but prior to January 1, 1989, not exceeding thirteen
dollars and
twenty-six cents per patient day;
(15) For facilities with dates of licensure after December
31,
1988, but prior to January 1, 1990, not exceeding thirteen
dollars and
forty-six cents per patient day;
(16) For facilities with dates of licensure after December
31,
1989, but prior to January 1, 1991, not exceeding thirteen
dollars and
sixty cents per patient day;
(17) For facilities with dates of licensure after December
31,
1990, but prior to January 1, 1992, not exceeding thirteen
dollars and
forty-nine cents per patient day;
(18) For facilities with dates of licensure after December
31,
1991, but prior to January 1, 1993, not exceeding thirteen
dollars and
sixty-seven cents per patient day;
(19) For facilities with dates of licensure after December
31,
1992, not exceeding fourteen dollars and twenty-eight cents
per patient day.
(D) Beginning January 1, 1981, regardless of the original
date of licensure, the department of job and family
services shall
pay a rate for the per
diem capitalized costs of renovations to
intermediate care
facilities for the mentally retarded made after
January 1, l981,
not exceeding six dollars per patient day using
1980 as the base
year and adjusting the amount annually until June
30, 1993, for
fluctuations in construction costs calculated by the
department
using the "Dodge building cost indexes, northeastern
and north
central states," published by Marshall and Swift. The
payment
provided for in this division is the only payment that
shall be
made for the capitalized costs of a nonextensive
renovation of an
intermediate care facility for the mentally
retarded.
Nonextensive renovation costs shall not be included in
cost of
ownership, and a nonextensive renovation shall not affect
the
date of licensure for purposes of division (C) of this
section.
This division applies to nonextensive renovations
regardless of
whether they are made by an owner or a lessee. If
the tenancy of
a lessee that has made renovations ends before the
depreciation
expense for the renovation costs has been fully
reported, the
former lessee shall not report the undepreciated
balance as an
expense.
For a nonextensive renovation to qualify for payment under
this division, both of the following conditions must be met:
(1) At least five years have elapsed since the date of
licensure or date of an extensive renovation of the portion of
the
facility that is proposed to be renovated, except that this
condition does not apply if the renovation is necessary to meet
the requirements of federal, state, or local statutes,
ordinances,
rules, or policies.
(2) The provider has obtained prior approval from the
department of job and family services. The provider
shall submit
a plan that describes in
detail the changes in capital assets to
be accomplished by means
of the renovation and the timetable for
completing the project.
The time for completion of the project
shall be no more than
eighteen months after the renovation begins.
The
director of
job and family services shall adopt rules in
accordance with Chapter
119. under section 5111.02 of the Revised
Code that specify
criteria and procedures for prior approval of
renovation projects.
No provider shall separate a project with
the intent to evade the
characterization of the project as a
renovation or as an extensive
renovation. No provider shall
increase the scope of a project
after it is approved by the
department of job and family services
unless the increase
in scope is approved by the department.
(E) The amounts specified in divisions (C) and (D) of this
section shall be adjusted beginning July 1, 1993, for the
estimated inflation for the twelve-month period beginning on the
first day of July of the calendar year preceding the calendar
year
that precedes the fiscal year for which rate will be paid
and
ending on the thirtieth day of the following June, using the
consumer price index for shelter costs for all urban consumers
for
the north central region, as published by the United States
bureau
of labor statistics.
(F)(1) For facilities of eight or fewer beds that have
dates
of licensure or have been granted project authorization by
the
department of mental retardation and developmental
disabilities
before July 1, 1993, and for facilities of eight or
fewer beds
that have dates of licensure or have been granted
project
authorization after that date if the providers of the facilities
demonstrate that
they made substantial commitments of funds on or
before that date,
cost of ownership shall not exceed eighteen
dollars and thirty
cents per resident per day. The
eighteen-dollar and thirty-cent
amount shall be increased by the
change in the "Dodge building
cost indexes, northeastern and
north central states," published by
Marshall and Swift, during
the period beginning June 30, 1990, and
ending July 1, 1993, and
by the change in the consumer price index
for shelter costs for
all urban consumers for the north central
region, as published by
the United States bureau of labor
statistics, annually
thereafter.
(2) For facilities with eight or fewer beds that have
dates
of licensure or have been granted project authorization by
the
department of mental retardation and developmental
disabilities on
or after July 1, 1993, for which substantial
commitments of funds
were not made before that date, cost of
ownership payments shall
not exceed the applicable amount
calculated under division (F)(1)
of this section, if the
department of job and family services
gives prior
approval for construction of the facility. If the
department does not give
prior approval, cost of ownership
payments shall not exceed the
amount specified in division (C) of
this section.
(3) Notwithstanding divisions (D) and (F)(1) and (2) of
this
section, the total payment for cost of ownership, cost of
ownership efficiency incentive, and capitalized costs of
renovations for an intermediate care facility for the mentally
retarded with eight or fewer beds shall not exceed the sum of the
limitations specified in divisions (C) and (D) of this
section.
(G) Notwithstanding any provision of this section or
section
5111.24 5111.241 of the Revised Code, the director of
job and family
services may adopt
rules in accordance with Chapter 119. under section 5111.02 of the
Revised Code that
provide for a calculation of a combined maximum
payment limit for
indirect care costs and cost of ownership for
intermediate care
facilities for the mentally retarded with eight
or fewer beds.
(H) After June 30, 1980, the owner of an intermediate care
facility for the mentally retarded operating under a provider
agreement shall provide written notice to the department of
job
and family services at least forty-five days prior to entering
into any
contract of sale for the facility or voluntarily
terminating
participation in the medical assistance program.
After
the date
on which a transaction of sale is closed, the owner provider
shall
refund
to the department the amount of excess depreciation
paid to
the provider for the
facility by the department for each year the owner provider has
operated
the facility under a provider agreement and prorated
according to
the number of medicaid patient days for which the
facility provider has
received payment for the facility. If an intermediate care facility
for the
mentally retarded is sold after five or fewer years of
operation
under a provider agreement, the refund to the department
shall be
equal to the excess depreciation paid to the facility.
If
an
intermediate care facility for the mentally retarded is sold
after more than five years but less than ten years of operation
under a provider agreement, the refund to the department shall
equal the excess depreciation paid to the facility multiplied by
twenty per cent, multiplied by the number of years less than ten
that a facility was operated under a provider agreement. If an
intermediate care facility for the mentally retarded is sold
after
ten or more years of operation under a provider agreement,
the
owner shall not refund any excess depreciation to the
department.
For the purposes of this division, "depreciation
paid to the provider for the
facility" means the amount paid to the provider for the intermediate
care facility
for the mentally retarded for cost of ownership
pursuant to this
section less any amount paid for interest costs.
For the purposes
of this division, "excess depreciation" is the
intermediate care
facility for the mentally retarded's
depreciated basis, which is
the owner's provider's cost less accumulated
depreciation, subtracted from
the purchase price but not
exceeding the amount of depreciation
paid to the provider for the facility.
A cost report shall be filed with the department within
ninety days after the date on which the transaction of sale is
closed or participation is voluntarily terminated for an
intermediate care facility for the mentally retarded subject to
this division. The report shall show the accumulated
depreciation, the sales price, and other information required by
the department. The
department shall provide for a bank, trust
company, or savings and loan association to hold in escrow the
amount of the last two monthly payments to
an intermediate care
facility for the mentally retarded made
pursuant to division
(A)(1) of section 5111.22 of the Revised
Code before a sale or
voluntary termination of participation
or, if the owner fails,
within the time required by this
division, to notify the
department before entering into a contract
of sale for the
facility, the amount of the first two monthly
payments made to the facility after the department learns of the
contract, regardless
of whether a new owner is in possession of
the facility. If the
amount the owner will be
required to refund
under this section is
likely to be less than
the amount of the
two monthly payments
otherwise put into escrow under this
division, the department
shall
take one of the following actions
instead of withholding the
amount of the
two monthly
payments:
(1) In the case of an owner that owns other facilities
that
participate in the medical assistance program, obtain a
promissory
note in an amount sufficient to cover the amount
likely to be
refunded;
(2) In the case of all other owners, withhold the amount
of
the last monthly payment to the intermediate care facility for
the
mentally retarded
or, if the owner fails, within the time required
by this division, to notify the department before entering into a
contract of sale for the facility, the amount of the first monthly
payment made to the facility after the department learns of the
contract, regardless of whether a new owner is in possession of
the facility.
The department shall, within ninety days following the
filing
of the cost report, audit the report and issue an audit
report to
the owner. The department also may audit any other
cost reports
for the facility that have been filed during the
previous three
years. In the audit report, the department shall
state its
findings and the amount of any money owed to the
department by the
intermediate care facility for the mentally
retarded. The
findings shall be subject to an adjudication
conducted in
accordance with Chapter 119. of the Revised Code.
No later than
fifteen days after the owner agrees to a
settlement, any funds
held in escrow less any amounts due to the
department shall be
released to the owner and amounts due to the
department shall be
paid to the department. If the amounts in
escrow are less than
the amounts due to the department, the
balance shall be paid to
the department within fifteen days after
the owner agrees to a
settlement. If the department does not
issue its audit report
within the ninety-day period, the
department shall release any
money held in escrow to the owner.
For the purposes of this
section, a transfer of corporate stock,
the merger of one
corporation into another, or a consolidation
does not constitute a
sale.
If an intermediate care facility for the mentally retarded
is
not sold or its participation is not terminated after notice
is
provided to the department under this division, the department
shall order any payments held in escrow released to the facility upon receiving written notice from the owner that there will be
no
sale or termination of participation. After written notice is
received from an intermediate care facility for the mentally
retarded that a sale or termination of participation will not
take
place, the facility shall provide notice to the department
at
least forty-five days prior to entering into any contract of
sale
or terminating participation at any future time.
(I) The department of job and family services shall pay a provider for
each of the provider's
eligible proprietary intermediate care facility facilities for the mentally
retarded a return on the facility's net equity computed at the
rate of one and one-half times the average of interest rates on
special issues of public debt obligations issued to the federal
hospital insurance trust fund for the cost reporting period. No
facility's return on net equity paid under this division shall
exceed one dollar per patient day.
In calculating the rate for return on net equity, the
department shall use the greater of the facility's inpatient days
during the applicable cost reporting period or the number of
inpatient days the facility would have had during that period if
its occupancy rate had been ninety-five per cent.
(J)(1) Except as provided in division
(J)(2) of this
section, if a
provider leases or transfers an interest in a
facility to another provider who
is a
related party, the related
party's allowable cost of ownership
shall include the lesser of
the following:
(a) The annual lease expense or
actual cost of ownership,
whichever is applicable;
(b) The reasonable cost to the lessor
or provider making the
transfer.
(2) If a provider leases or transfers an interest in a
facility to another provider who is a related party, regardless of
the date of
the lease
or transfer, the related party's allowable
cost of ownership
shall include the annual lease expense or actual
cost of
ownership, whichever is applicable, subject to the
limitations
specified in divisions (B) to
(I) of this section, if
all of the
following conditions are met:
(a) The related party is a relative
of owner;
(b) In the case of a lease, if the lessor retains any
ownership
interest, it is, except as provided in division
(J)(2)(d)(ii) of this section, in
only the real property and any
improvements on the real
property;
(c) In the case of a transfer, the
provider making the
transfer retains, except as provided in
division (J)(2)(d)(iv) of
this
section, no ownership interest in
the facility;
(d) The department of job and family services
determines
that the lease or transfer is an arm's length
transaction
pursuant
to rules the department shall adopt in
accordance with Chapter
119. adopted under section 5111.02 of the Revised Code no
later than
December 31, 2000. The
rules shall
provide that a lease or transfer is an arm's length
transaction if all of
the following, as applicable, apply:
(i) In the case of a lease, once the lease goes into effect,
the
lessor has no direct or indirect interest in the lessee or,
except as
provided in division (J)(2)(b) of this section, the
facility itself, including interest as an owner, officer,
director, employee,
independent contractor, or
consultant, but
excluding interest as a lessor.
(ii) In the case of a lease, the lessor does not reacquire
an
interest in the facility except through the exercise of a
lessor's rights in
the event of a default. If the lessor
reacquires an interest in the facility in this manner, the
department shall treat the facility as if the lease never occurred
when the department calculates its reimbursement rates for capital
costs.
(iii) In the case of a transfer, once the transfer goes into
effect, the provider that made the transfer has no direct or
indirect interest
in the provider that
acquires the facility or
the facility itself, including interest as an owner,
officer,
director,
employee, independent contractor, or consultant, but
excluding
interest as a creditor.
(iv) In the case of a transfer, the provider that made the
transfer does not reacquire an interest in the facility except
through the exercise of a creditor's rights in the
event of a
default. If the provider reacquires an interest in the
facility
in this manner, the department shall treat the facility
as if the
transfer never occurred when the department calculates
its
reimbursement rates for capital costs.
(v) The lease or transfer satisfies any other criteria
specified
in the rules.
(e) Except in the case of hardship
caused by a catastrophic
event, as determined by the department,
or in the case of a lessor
or provider making the transfer who is at least
sixty-five years
of age, not less than twenty years have elapsed since, for
the
same facility, allowable cost of ownership was determined
most
recently under this division.
Sec. 5111.254. (A) The department of job and family services shall
establish initial rates for a nursing facility with a first date of
licensure that is on or after July 1, 2006, including a
facility that replaces one or more existing facilities, or for a
nursing facility with a first date of licensure before that date that was
initially certified for the medicaid program on or
after that date, in the following manner:
(1) The rate for direct care costs shall be the product of the cost per case-mix unit determined under division (D) of section 5111.231 of the Revised Code for the facility's peer group and the nursing facility's case-mix score. For the purpose of division (A)(1) of this section, the nursing facility's case-mix score shall be the following:
(a) Unless the nursing facility replaces an existing nursing facility that participated in the medicaid program immediately before the replacement nursing facility begins participating in the medicaid program, the median annual average case-mix score for the nursing facility's peer group;
(b) If the nursing facility replaces an existing nursing facility that participated in the medicaid program immediately before the replacement nursing facility begins participating in the medicaid program, the semiannual case-mix score most recently determined under section 5111.232 of the Revised Code for the replaced nursing facility as adjusted, if necessary, to reflect any difference in the number of beds in the replaced and replacement nursing facilities.
(2) The rate for ancillary and support costs shall be the
rate for the facility's peer group determined under division (D) of section 5111.24 of the Revised Code.
(3) The rate for capital costs shall be the median rate for the facility's peer group determined under division (D) of
section 5111.25 of the Revised Code.
(4) The rate for tax costs as defined in section 5111.242 of the Revised Code shall be the median rate for tax costs for the facility's peer group in which the facility is placed under division (C) of section 5111.24 of the Revised Code.
(5) The quality incentive payment shall be the mean payment specified in division (B) of section 5111.244 of the Revised Code.
(B) Subject to division (C) of this section, the department shall adjust the rates established
under division (A) of this section effective the first day of July, to reflect new rate
calculations for all nursing facilities under sections 5111.20 to 5111.33 of the Revised Code.
(C) If a rate for direct care costs is determined under this section for a nursing facility using the median annual average case-mix score for the nursing facility's peer group, the rate shall be redetermined to reflect the replacement nursing facility's actual semiannual case-mix score determined under section 5111.232 of the Revised Code after the nursing facility submits its first two quarterly assessment data that qualify for use in calculating a case-mix score in accordance with rules authorized by division (E) of section 5111.232 of the Revised Code. If the nursing facility's quarterly submissions do not qualify for use in calculating a case-mix score, the department shall continue to use the median annual average case-mix score for the nursing facility's peer group in lieu of the nursing facility's semiannual case-mix score until the nursing facility submits two consecutive quarterly assessment data that qualify for use in calculating a case-mix score.
Sec. 5111.255. (A) The department of job and family services shall
establish initial rates for a nursing facility or an intermediate
care facility for the mentally retarded with a first date of
licensure that is on or after January 1, 1993, including a
facility that replaces one or more existing facilities, or for a
nursing facility or an intermediate care facility for the mentally
retarded with a first date of licensure before that date that was
initially certified for the medical assistance medicaid program on or
after that date, in the following manner:
(1) The rate for direct care costs shall be determined as
follows:
(a) If there are no cost or resident assessment data as
necessary to calculate a rate under section 5111.23 of the
Revised Code, the rate shall be the median cost per case-mix unit
calculated under division (B)(1) of that section for the relevant
peer group for the calendar year preceding the fiscal year in
which the rate will be paid, multiplied by the median annual average
case-mix score for the peer group for that period and by the rate
of inflation estimated under division (B)(5)(3) of that section.
This rate shall be recalculated to reflect the facility's actual
quarterly average case-mix score, in accordance with that
section, after it
submits its first quarterly assessment information data that qualifies
for use in calculating a case-mix score in accordance with rules
adopted under authorized by division (D)(E) of section 5111.231 5111.232 of the Revised
Code. If the facility's first two quarterly submissions do not
contain assessment information data that qualifies for use in
calculating a case-mix score, the department shall continue to
calculate the rate using the median annual case-mix score for the
peer group in lieu of an assigned quarterly case-mix score. The
department shall assign a case-mix score or, if necessary, a cost
per case-mix unit under division (C)(D) of section 5111.231 5111.232 of the
Revised Code for any subsequent submissions that do not contain
assessment information data that qualifies for use in calculating a
case-mix score.
(b) If the facility is a replacement facility and the
facility or facilities that are being replaced are in operation
immediately before the replacement facility opens, the rate shall
be the same as the rate for the replaced facility or facilities,
proportionate to the number of beds in each replaced facility.
If one or more of the replaced facilities is not in operation
immediately before the replacement facility opens, its proportion
shall be determined under division (A)(1)(a) of this section.
(2) The rate for other protected costs shall be one
hundred fifteen per cent of the median rate for the applicable
type of facility intermediate care facilities for the mentally retarded calculated for the fiscal year under section
5111.235 of the Revised Code.
(3) The rate for indirect care costs shall be the
applicable maximum rate for the facility's peer group as
specified in division (B) of section 5111.24 or division (B) of
section 5111.241 of the Revised Code.
(4) The rate for capital costs shall be determined under
section 5111.25 or 5111.251 of the Revised Code using the greater
of actual inpatient days or an imputed occupancy rate of eighty
per cent.
(B) The department shall adjust the rates established
under division (A) of this section at both of the following
times:
(1) Effective the first day of July, to reflect new rate
calculations for all facilities under sections 5111.23 5111.20 to 5111.25
and 5111.251 5111.33 of the Revised Code;
(2) Following the facility's provider's submission of its the facility's cost report
under division (A)(1)(b) of section 5111.26 of the Revised Code.
The department shall pay the rate adjusted based on the
cost report beginning the first day of the calendar quarter that
begins more than ninety days after the department receives the
cost report.
Sec. 5111.257. If a provider of a nursing facility adds or replaces one or more medicaid certified beds to or at the nursing facility, or renovates one or more of the nursing facility's beds, the rate for the added, replaced, or renovated beds shall be the same as the rate for the nursing facility's existing beds.
Sec. 5111.257 5111.258. (A) Notwithstanding sections 5111.23,
5111.231, 5111.235, 5111.24, 5111.241, 5111.25, 5111.251, and
5111.255 5111.20 to 5111.33 of the Revised Code, the director of
job and family services
shall adopt rules in accordance with Chapter 119. under section 5111.02 of the Revised
Code that establish a methodology for calculating the prospective
rates for direct care costs, other protected costs, indirect care
costs, and capital costs that will be paid each fiscal year to a provider for each of the provider's eligible
nursing facilities and intermediate care facilities for the
mentally retarded, and discrete units of the provider's nursing facilities or
intermediate care facilities for the mentally retarded, that
serve residents who have diagnoses or special care needs that
require direct care resources that are not measured adequately by
the applicable assessment instrument specified in rules adopted
under authorized by section 5111.231 5111.232 of the Revised Code, or who have diagnoses
or special care needs specified in the rules as otherwise
qualifying for consideration under this section. The facilities
and units of facilities whose rates are established under this
division may include, but shall not be limited to, any of the
following:
(1) In the case of nursing facilities, facilities and
units of facilities that serve medically fragile pediatric
residents, residents who are dependent on ventilators, or
residents who have severe traumatic brain injury, end-stage
Alzheimer's disease, or end-stage acquired immunodeficiency
syndrome;
(2) In the case of intermediate care facilities for the
mentally retarded, facilities and units of facilities that serve
residents who have complex medical conditions or severe
behavioral problems.
The department shall use the methodology established under
this division to pay for services rendered by such facilities and
units after June 30, 1993.
The rules adopted under authorized by this division shall specify the
criteria and procedures the department will apply when
designating facilities and units that qualify for calculation of
rates under this division. The criteria shall include
consideration of whether all of the allowable costs of the
facility or unit would be paid by rates established under
sections 5111.23, 5111.231, 5111.235, 5111.24, 5111.241, 5111.25,
5111.251, and 5111.255 5111.20 to 5111.33 of the Revised Code, and shall establish a
minimum bed size for a facility or unit to qualify to have its
rates established under this division. The criteria shall not be
designed to require that residents be served only in facilities
located in large cities. The methodology established by the
rules shall consider the historical costs of providing care to
the residents of the facilities or units.
The rules may require that a facility designated under this
division or containing a unit designated under this division
receive authorization from the department to admit or retain a
resident to the facility or unit and shall specify the criteria
and procedures the department will apply when granting that
authorization.
Notwithstanding any other provision of sections 5111.20 to
5111.32 5111.33 of the Revised Code, the costs incurred by facilities or
units whose rates are established under this division shall not
be considered in establishing payment rates for other facilities
or units.
(B) The director may adopt rules in accordance with
Chapter 119. under section 5111.02 of the Revised Code under which the department,
notwithstanding any other provision of sections 5111.20 to
5111.32 5111.33 of the Revised Code, may adjust the rates determined
under sections 5111.23 5111.20 to 5111.255 5111.33 of the Revised Code for a
facility that serves a resident who has a diagnosis or special
care need that, in the rules adopted under authorized by division (A) of this
section, would qualify a facility or unit of a facility to have
its rate determined under that division, but who is not in such a
unit. The rules may require that a facility that qualifies for a
rate adjustment under this division receive authorization from
the department to admit or retain a resident who qualifies the
facility for the rate adjustment and shall specify the criteria
and procedures the department will apply when granting that
authorization.
Sec. 5111.26. (A)(1)(a) Except as provided in division
(A)(1)(b) of this section, each nursing facility and intermediate
care facility for the mentally retarded provider shall file with the
department of job and family services an annual cost report prepared for each of the provider's nursing facilities and intermediate care facilities for the mentally retarded that participate in the medicaid program. A provider shall prepare the reports in
accordance with guidelines established by the department. The A
report shall cover a calendar year or the portion of a calendar
year during which the facility participated in the medical
assistance medicaid program. All facilities A provider shall file the reports
within ninety days after the end of the calendar year. The
department, for good cause, may grant a fourteen-day extension of
the time for filing cost reports upon written request from a
facility provider. The director of job and family services
shall prescribe, in rules adopted in
accordance with Chapter 119. under section 5111.02 of the Revised Code, the cost
reporting form and a uniform chart of accounts for the purpose of
cost reporting, and shall distribute cost reporting forms or
computer software for electronic submission of the cost report to
each nursing facility and intermediate care facility for the
mentally retarded provider at least sixty days before the facility's
reporting date.
(b) A facility for which If rates are for a provider's nursing facility or intermediate care facility for the mentally retarded were most recently established under
section 5111.254 or 5111.255 of the Revised Code, the provider shall submit a cost report for that facility
no later than ninety days after the end of the facility's first
three full calendar months of operation. A If a nursing facility or intermediate care facility for the mentally retarded undergoes a change of provider that the department determines, in accordance with rules adopted under section 5111.02 of the Revised Code, is an arm's length transaction, the new provider shall submit a cost report for that facility not later than ninety days after the end of the facility's first three full calendar months of operation under the new provider. The provider of a facility that opens or undergoes a change of provider that is an arm's length transaction
after the first day of October in any calendar year is not
required to file a cost report for that calendar year.
(c) If a nursing facility undergoes a change of provider that the department determines, in accordance with rules adopted under section 5111.02 of the Revised Code, is not an arms length transaction, the new provider shall file a cost report under division (A)(1)(a) of this section for the facility. The cost report shall cover the portion of the calendar year during which the new provider operated the nursing facility and the portion of the calendar year during which the previous provider operated the nursing facility.
(2) If a nursing facility or intermediate care facility
for the mentally retarded provider required to submit a cost reports report for a nursing facility or intermediate care facility for the mentally retarded does
not file the reports report within the required time periods period or within
fourteen days thereafter if an extension is granted under
division (A)(1)(a) of this section, or files an incomplete or
inadequate report for the facility, the department shall provide immediate written
notice to the facility provider that its the provider agreement for the facility will be
terminated in thirty days unless the facility provider submits a complete
and adequate cost report for the facility within thirty days. During the
thirty-day termination period or any additional time allowed for
an appeal of the proposed termination of a provider agreement,
the facility provider shall be paid its the facility's then current per resident per day
rate, minus two dollars. On July 1, 1994, the department shall
adjust the two-dollar reduction to reflect the rate of inflation
during the preceding twelve months, as shown in the consumer
price index for all items for all urban consumers for the north
central region, published by the United States bureau of labor
statistics. On July 1, 1995, and the first day of July of each
year thereafter, the department shall adjust the amount of the
reduction in effect during the previous twelve months to reflect
the rate of inflation during the preceding twelve months, as
shown in the same index.
(B) No nursing facility or intermediate care facility for
the mentally retarded provider shall report fines paid under sections
5111.35 to 5111.62 or section 5111.99 of the Revised Code in any
cost report filed under this section.
(C) The department shall develop an addendum to the cost
report form that a nursing facility or intermediate care facility
for the mentally retarded provider may use to set forth costs that the
facility provider believes may be disputed by the department. Any costs
reported by the facility provider on the addendum may be considered by the
department in setting the facility's rate. If the department
does not consider the costs listed on the addendum in setting the
facility's rate, the facility provider may seek reconsideration of that
determination under section 5111.29 of the Revised Code. If the
department subsequently includes the costs listed in the addendum
in the facility's rate, the department shall pay the facility provider interest at a
reasonable rate established in rules adopted in accordance with Chapter 119. under section 5111.02
of the Revised Code for the time that the rate paid excluded the costs.
Sec. 5111.261. Except as otherwise provided in sections
5111.262 to section 5111.264 of the Revised Code, the department of job and
family services, in determining whether an intermediate care facility for the mentally retarded's direct care costs and indirect
care costs are allowable, shall place no limit on specific
categories of reasonable costs other than compensation of owners,
compensation of relatives of owners, compensation of
administrators and costs for resident meals that are prepared and
consumed outside the facility.
Compensation cost limits for owners and relatives of owners
shall be based on compensation costs for individuals who hold
comparable positions but who are not owners or relatives of
owners, as reported on facility cost reports. As used in this
section, "comparable position" means the position that is held by
the owner or the owner's relative, if that position is listed
separately on the cost report form, or if the position is not
listed separately, the group of positions that is listed on the
cost report form and that includes the position held by the owner
or the owner's relative. In the case of an owner or owner's
relative who serves the facility in a capacity such as corporate
officer, proprietor, or partner for which no comparable position
or group of positions is listed on the cost report form, the
compensation cost limit shall be based on civil service
equivalents and shall be specified in rules adopted by the
director of job and family services in accordance
with Chapter 119. under section 5111.02 of the Revised Code.
Compensation cost limits for administrators shall be based
on compensation costs for administrators who are not owners or
relatives of owners, as reported on facility cost reports.
Compensation cost limits for administrators of four or more
intermediate care facilities for the mentally retarded shall be
the same as the limits for administrators of nursing facilities
or intermediate care facilities for the mentally retarded with
one hundred fifty or more beds.
For nursing facilities, cost limits for resident meals that
are prepared and consumed outside the facility shall be based on
the statewide average cost of serving and preparing meals in all
nursing facilities, as reported on the facility cost reports.
For intermediate care facilities for the mentally retarded, cost
limits for resident meals that are prepared and consumed outside
the facility shall be based on the statewide average cost of
serving and preparing meals in all intermediate care facilities
for the mentally retarded, as reported on the facility cost
reports.
Sec. 5111.263. (A) As used in this section, "covered
therapy services" means physical therapy, occupational therapy,
audiology, and speech therapy services that are provided by
appropriately licensed therapists or therapy assistants and that
are covered for nursing facility residents either by the medicare
program established under Title XVIII of the "Social Security
Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended, or the
medical assistance medicaid program as specified in rules adopted by the
director of job and family
services in accordance with Chapter 119. under section 5111.02 of
the Revised Code.
(B) Except as provided in division (G) of this section,
the costs of therapy are not allowable costs for nursing
facilities for the purpose of determining rates under sections
5111.23, 5111.231, 5111.235, 5111.24, 5111.241, 5111.25,
5111.251, 5111.255, and 5111.257 5111.20 to 5111.33 of the Revised Code.
(C) The department of job and family services shall
process no
claims for payment under the medical assistance medicaid program for
covered therapy services rendered to a resident of a nursing
facility other than such claims submitted, in accordance with
this section, by a nursing facility that has
a valid provider agreement with the department.
(D) Nursing Providers of nursing facilities that have entered into a provider
agreement may bill the department of job and family services for covered
therapy services it provides the nursing facilities provide to residents of any nursing facility
who are medicaid recipients of the medical assistance program and not
eligible for the medicare program.
(E) The department shall not process any claim for a
covered therapy service provided to a nursing facility resident
who is eligible for the medicare program unless the claim is for
a copayment or deductible or the conditions in division (E)(1) or
(2) of this section apply:
(1) The covered therapy service provided is, under the
federal statutes, regulations, or policies governing the medicare
program, not covered by the medicare program and the service is,
under the provisions of this chapter or the rules adopted under
this chapter, covered by the medical assistance medicaid program.
(2) All of the following apply:
(a) The individual or entity who provided the covered
therapy service was eligible to bill the medicare program for the
service.
(b) A complete, accurate, and timely claim was submitted
to the medicare program and the program denied payment for the
service as not medically necessary for the resident. For the
purposes of division (E)(2)(b) of this section, a claim is not
considered to have been denied by the medicare program until
either a denial has been issued following a medicare fair hearing
or six months have elapsed since the request for a fair hearing
was filed.
(c) The facility is required to provide or arrange for the
provision of the service by a licensed therapist or therapy
assistant to be in compliance with federal or state nursing
facility certification requirements for the medical assistance
medicaid program.
(d) The claim for payment for the services under the
medical assistance medicaid program is accompanied by documentation that
divisions (E)(2)(b) and (c) of this section apply to the service.
(F) The reimbursement allowed by the department for
covered therapy services provided to nursing facility residents
and billed under division (D) or (E) of this section shall be
fifteen per cent less than the fees it pays for the same services
rendered to hospital outpatients. The director may
adopt rules
in accordance with Chapter 119. under section 5111.02 of the Revised Code establishing
comparable fees for covered therapy services that are not
included in its schedule of fees paid for services rendered to
hospital outpatients.
(G) A nursing facility's reasonable costs for
rehabilitative, restorative, or maintenance therapy services
rendered to facility residents by nurses or nurse aides, and the
facility's overhead costs to support provision of therapy
services provided to nursing facility residents, are allowable
costs for the purposes of establishing rates under sections
5111.23, 5111.231, 5111.235, 5111.24, 5111.241, 5111.25,
5111.251, 5111.255, and 5111.257 5111.20 to 5111.33 of the Revised Code.
Sec. 5111.264. Except as provided in section 5111.25 or
5111.264 5111.251
of the Revised Code, the costs of goods, services, and facilities, furnished
to a
provider by a related party are includable in the allowable costs of the
provider at the reasonable cost to the related party.
Sec. 5111.265. If one or more medicaid-certified beds are relocated from one nursing facility to another nursing facility owned by a different person or government entity and the application for the certificate of need authorizing the relocation is filed with the director of health on or after the effective date of this section, amortization of the cost of acquiring operating rights for the relocated beds is not an allowable cost for the purpose of determining the nursing facility's medicaid reimbursement rate.
Sec. 5111.266. A provider of a nursing facility filing the facility's cost report with the department of job and family services under section 5111.26 of the Revised Code shall report as a nonreimbursable expense the cost of the nursing facility's franchise permit fee.
Sec. 5111.27. (A) The department of job and family
services shall
conduct a desk review of each cost report it receives under
section 5111.26 of the Revised Code. Based on the desk review,
the department shall make a preliminary determination of whether
the reported costs are allowable costs. The department shall
notify each nursing facility and intermediate care facility for
the mentally retarded provider of whether any of its the reported costs are
preliminarily determined not to be allowable, the rate
calculation under sections 5111.23 5111.20 to 5111.257 5111.33 of the Revised
Code that results from that determination, and the reasons for
the determination and resulting rate. The department shall allow
the facility provider to verify the calculation and submit additional
information.
(B) The department may conduct an audit, as defined by rule adopted by the
director of job and family
services in accordance with Chapter 119. under section 5111.02 of the
Revised Code, of any cost report and shall notify the nursing
facility or intermediate care facility for the mentally retarded
provider of its findings.
Audits shall be conducted by auditors under contract with
or employed by the department. The decision whether to conduct
an audit and the scope of the audit, which may be a desk or field
audit, shall be determined based on prior performance of the
provider and may be based on a risk analysis or other evidence
that gives the department reason to believe that the provider has
reported costs improperly. A desk or field audit may be
performed annually, but is required whenever a provider does not
pass the risk analysis tolerance factors. The department shall
issue the audit report no later than three years after the cost
report is filed, or upon the completion of a desk or field audit
on the report or a report for a subsequent cost reporting period,
whichever is earlier. During the time within which the
department may issue an audit report, the provider may amend the
cost report upon discovery of a material error or material
additional information. The department shall review the amended
cost report for accuracy and notify the provider of its
determination.
The department may establish a contract for the auditing of
facilities by outside firms. Each contract entered into by
bidding shall be effective for one to two years. The department
shall establish an audit manual and program which shall require
that all field audits, conducted either pursuant to a contract or
by department employees:
(1) Comply with the applicable rules prescribed pursuant
to Titles XVIII and XIX of the "Social Security Act," 49 Stat.
620 (1935), 42 U.S.C.A. 301, as amended;
(2) Consider generally accepted auditing standards
prescribed by the American institute of certified public
accountants;
(3) Include a written summary as to whether the costs
included in the report examined during the audit are allowable
and are presented fairly in accordance with generally accepted
accounting principles and department rules, and whether, in all
material respects, allowable costs are documented, reasonable,
and related to patient care;
(4) Are conducted by accounting firms or auditors who,
during the period of the auditors' professional engagement or
employment and during the period covered by the cost reports, do
not have nor are committed to acquire any direct or indirect
financial interest in the ownership, financing, or operation of a
nursing facility or intermediate care facility for the mentally
retarded in this state;
(5) Are conducted by accounting firms or auditors who, as
a condition of the contract or employment, shall not audit any
facility that has been a client of the firm or auditor;
(6) Are conducted by auditors who are otherwise
independent as determined by the standards of independence
established by the American institute of certified public
accountants;
(7) Are completed within the time period specified by the
department;
(8) Provide to the nursing facility or intermediate care
facility for the mentally retarded provider complete written
interpretations that explain in detail the application of all
relevant contract provisions, regulations, auditing standards,
rate formulae, and departmental policies, with explanations and
examples, that are sufficient to permit the facility provider to calculate
with reasonable certainty those costs that are allowable and the
rate to which the provider's facility is entitled.
For the purposes of division (B)(4) of this section, employment of a member of
an auditor's family by a nursing facility or intermediate care facility for
the mentally retarded that the auditor does not review does not constitute a
direct or indirect financial interest in the ownership, financing, or
operation of the facility.
(C) The department, pursuant to rules adopted in
accordance with Chapter 119. under section 5111.02 of the Revised Code, may conduct an
exception review of assessment information data submitted under
section 5111.231 5111.232 of the Revised Code. The department may conduct
an exception review based on the findings of a certification
survey conducted by the department of health, a risk analysis, or
prior performance of the provider.
Exception reviews shall be conducted at the facility by
appropriate health professionals under contract with or employed by the
department of job and family services. The professionals may review
resident assessment
forms and supporting documentation, conduct interviews, and
observe residents to identify any patterns or trends of
inaccurate assessments and resulting inaccurate case-mix scores.
The rules shall establish an exception review program that
requires that exception reviews do all of the following:
(1) Comply with Titles XVIII and XIX of the "Social
Security Act";
(2) Provide a written summary that states whether the
resident assessment forms have been completed accurately;
(3) Are conducted by health professionals who, during the
period of their professional engagement or employment with the department,
neither have nor are committed to acquire any direct or indirect
financial interest in the ownership, financing, or operation of a
nursing facility or intermediate care facility for the mentally
retarded in this state;
(4) Are conducted by health professionals who, as a
condition of their engagement or employment with the department, shall not
review any
facility provider that has been a client of the professional.
For the purposes of division (C)(3) of this section, employment of a member of
a health professional's family by a nursing facility or intermediate care
facility for the mentally retarded that the professional does not review does
not constitute a direct or indirect financial interest in the ownership,
financing, or operation of the facility.
If an exception review is conducted before the effective
date of the rate that is based on the case-mix information data
subject to the review and the review results in findings that
exceed tolerance levels specified in the rules adopted under this
division, the department, in accordance with those rules, may use
the findings to recalculate individual resident case-mix scores,
quarterly average facility case-mix scores, and annual average
facility case-mix scores. The department may use the
recalculated quarterly and annual facility average case-mix
scores to calculate the facility's rate for direct care costs for
the appropriate calendar quarter or quarters.
(D) The department shall prepare a written summary of any
audit disallowance or exception review finding that is made after
the effective date of the rate that is based on the cost or
case-mix information data. Where the facility provider is pursuing judicial or
administrative remedies in good faith regarding the disallowance
or finding, the department shall not withhold from the facility's
provider's current payments any amounts the department claims to be due from
the facility provider pursuant to section 5111.28 of the Revised Code.
(E) The department shall not reduce rates calculated under
sections 5111.23 5111.20 to 5111.28 5111.33 of the Revised Code on the basis that
the facility provider charges a lower rate to any resident who is not
eligible for the medical assistance medicaid program.
(F) The department shall adjust the rates calculated under
sections 5111.23 5111.20 to 5111.28 5111.33 of the Revised Code to account for
reasonable additional costs that must be incurred by nursing
facilities and intermediate care facilities for the mentally
retarded to comply with requirements of federal or state
statutes, rules, or policies enacted or amended after January 1,
1992, or with orders issued by state or local fire authorities.
Sec. 5111.28. (A) If a provider properly amends its cost
report under section 5111.27 of the Revised Code and the amended
report shows that the provider received a lower rate under the
original cost report than it was entitled to receive, the
department of job and family services shall adjust the provider's rate prospectively to
reflect the corrected information. The department shall pay the
adjusted rate beginning two months after the first day of the
month after the provider files the amended cost report. If the
department finds, from an exception review of resident assessment
information conducted after the effective date of the rate for
direct care costs that is based on the assessment information,
that inaccurate assessment information resulted in the provider
receiving a lower rate than it was entitled to receive, the
department prospectively shall adjust the provider's rate
accordingly and shall make payments using the adjusted rate for
the remainder of the calendar quarter for which the assessment
information is used to determine the rate, beginning one month
after the first day of the month after the exception review is
completed.
(B) If the provider properly amends its cost report under
section 5111.27 of the Revised Code, the department makes a
finding based on an audit under that section, or the department
makes a finding based on an exception review of resident
assessment information conducted under that section after the
effective date of the rate for direct care costs that is based on
the assessment information, any of which results in a
determination that the provider has received a higher rate than
it
was entitled to receive, the department shall recalculate the
provider's rate using the revised information. The department
shall apply the recalculated rate to the periods when the
provider
received the incorrect rate to determine the amount of
the
overpayment. The provider shall refund the amount of the
overpayment.
In addition to requiring a refund under this division, the
department may charge the provider interest at the applicable
rate
specified in this division from the time the overpayment was
made.
(1) If the overpayment resulted from costs reported for
calendar year 1993, the interest shall be no greater than one and
one-half times the average bank prime rate.
(2) If the overpayment resulted from costs reported for
subsequent calendar years:
(a) The interest shall be no greater than two times the
average bank prime rate if the overpayment was equal to or less
than one per cent of the total medicaid payments to the provider
for the fiscal year for which the incorrect information was used
to establish a rate.
(b) The interest shall be no greater than two and one-half
times the
current average bank prime rate if the overpayment was
greater
than one per cent of the total medicaid payments to the
provider
for the fiscal year for which the incorrect information
was used
to establish a rate.
(C) The department also may impose the following
penalties:
(1) If a provider does not furnish invoices or other
documentation that the department requests during an audit within
sixty days after the request, no more than the greater of one
thousand dollars per audit or twenty-five per cent of the
cumulative amount by which the costs for which documentation was
not furnished increased the total medicaid payments to the
provider during the fiscal year for which the costs were used to
establish a rate;
(2) If an exiting operator or
owner
fails to provide notice of
sale of
the a
facility
or closure, voluntary termination, or voluntary withdrawal of participation in the
medical
assistance medicaid program, as
required by
section
5111.25 or 5111.251 5111.66 of the Revised Code, or an exiting operator or owner and entering operator fail to provide notice of a change of operator as required by section 5111.67 of
the Revised
Code,
no more than
the current average bank prime
rate plus four per cent of the last
two
monthly
payments.
(D) If the provider continues to participate in the medical
assistance medicaid program, the department shall deduct any amount that
the provider is required to refund under this section, and the
amount of any interest charged or penalty imposed under this
section, from the next available payment from the department to
the provider. The department and the provider may enter into an
agreement under which the amount, together with interest, is
deducted in installments from payments from the department to the
provider.
(E) The department shall transmit refunds and penalties to
the treasurer of state for deposit in the general revenue fund.
(F) For the purpose of this section, the department shall
determine the average bank prime rate using statistical release
H.15,
"selected interest rates," a weekly publication of the
federal reserve board, or any successor publication. If
statistical release H.15, or its successor, ceases to contain the
bank prime rate information or ceases to be published, the
department shall request a written statement of the average bank
prime rate from the federal reserve bank of Cleveland or the
federal reserve board.
Sec. 5111.29. (A) The director of
job and family services
shall
adopt rules in accordance with Chapter 119. under section 5111.02 of the Revised
Code
that establish a process under which a nursing facility or
intermediate care facility for the mentally retarded provider, or a group
or association of facilities providers, may seek reconsideration of rates
established under sections 5111.23 5111.20 to 5111.28 5111.33 of the Revised
Code,
including a rate for direct care costs recalculated before
the
effective date of the rate as a result of an exception review
of
resident assessment information conducted under section
5111.27 of
the Revised Code.
(1) Except as provided in divisions (A)(2) to (4) of this
section, the only issue that a facility provider, group, or association
may
raise in the rate reconsideration shall be whether the rate
was
calculated in accordance with sections 5111.23 5111.20 to 5111.28 5111.33 of
the
Revised Code and the rules adopted under those sections section 5111.02 of the Revised Code. The
rules shall permit a facility provider, group, or association to submit
written arguments or other materials that support its position.
The rules shall specify time frames within which the facility provider,
group, or association and the department must act. If the
department determines, as a result of the rate reconsideration,
that the rate established for one or more facilities of a provider is less than
the rate to which it the facility is entitled, the department
shall increase
the rate. If the department has paid the incorrect rate for a
period of time, the department shall pay the facility provider the
difference between the amount it the provider was paid for that period for the facility and the
amount it the provider should have been paid for the facility.
(2) The rules shall provide that during a fiscal year, the
department, by means of the rate reconsideration process, may
increase a facility's the rate determined for an intermediate care facility for the mentally retarded as calculated under sections 5111.23
5111.20 to
5111.28 5111.33 of the Revised Code if the provider of the facility demonstrates that
its
the facility's actual, allowable costs have increased because of extreme
circumstances. A facility may qualify for a rate increase only
if
its the facility's per diem, actual, allowable costs have increased to a
level
that exceeds its total rate, including any efficiency incentive
and return on equity payment. The rules shall specify
the
circumstances that would justify a rate increase under
division
(A)(2) of this section.
In the case of nursing facilities, the The rules shall provide that the extreme circumstances include
increased security costs for an inner-city nursing facility and an
increase in workers'
compensation experience rating of greater
than five per cent for a facility that has an appropriate claims
management program but do not
include a change of ownership that
results from bankruptcy,
foreclosure, or findings of violations of
certification
requirements by the department of health. In the
case of
intermediate care facilities for the mentally retarded,
the rules
shall provide that
the extreme circumstances include,
but are not
limited to, natural disasters,
renovations approved under division (D) of
section
5111.251 of
the Revised Code, an increase in workers'
compensation
experience
rating of greater than five per cent for a
facility
that has an
appropriate claims management program,
increased
security costs
for an inner-city facility, and a change
of
ownership
that
results from bankruptcy, foreclosure,
or
findings
of violations
of certification requirements by the
department of
health. An
increase under division (A)(2) of this
section is
subject to any
rate limitations or maximum rates
established by
sections 5111.23
5111.20 to 5111.28 5111.33 of the Revised Code for
specific cost
centers. Any
rate increase granted under division
(A)(2) of this
section shall
take effect on the first day of the
first month
after the
department receives the request.
(3) The rules shall provide that the department, through
the
rate reconsideration process, may increase a facility's an intermediate care facility for the mentally retarded's rate
as
calculated under sections 5111.23 5111.20 to 5111.28 5111.33 of the Revised
Code
if the department, in its the department's sole discretion, determines that
the
rate as calculated under those sections works an extreme
hardship
on the facility.
(4) The rules shall provide that when beds certified for
the
medical assistance medicaid program are added to an existing intermediate care facility, for the mentally retarded or
replaced at the same site, or subject to a change of
ownership or
lease, the department, through the rate reconsideration
process,
shall increase the facility's intermediate care facility for the mentally retarded's rate for capital costs
proportionately, as limited by any applicable limitation under
section 5111.25 or 5111.251 of the Revised Code, to account for
the costs of the beds that are added, or replaced, or subject to a
change of
ownership or lease. The department shall make
this
increase one month after the first day of the month after the
department receives sufficient documentation of the costs.
Any
rate increase granted under division (A)(4) of
this section after
June 30, 1993, shall remain in effect
until the effective date of
a rate calculated under section
5111.25 or 5111.251 of the Revised
Code that includes costs incurred for a full
calendar year for the
bed addition, or bed replacement, or change of
ownership or lease.
The facility shall report double
accumulated
depreciation in an
amount equal to the depreciation included in
the rate adjustment
on its cost report for the first year of
operation. During the
term of any
loan used to finance a project
for
which a rate
adjustment is granted under division
(A)(4) of
this section, if
the
facility is operated by the same provider,
the facility provider shall
subtract from the interest costs it reports on
its cost report
an
amount equal to the difference between the
following:
(a) The actual, allowable interest
costs for the loan during
the calendar year for which the costs
are being reported;
(b) The actual, allowable interest
costs attributable to the
loan that were used to calculate the
rates paid to the provider for the facility
during the same calendar year.
(5) The department's decision at the conclusion of the
reconsideration process shall not be subject to any
administrative
proceedings under Chapter 119. or any other
provision of the
Revised Code.
(B) Any All of the following are subject to an adjudication conducted in accordance with Chapter 119. of the Revised Code:
(1) Any audit disallowance that the department makes as
the
result of an audit under section 5111.27 of the Revised Code,
any;
(2) Any
adverse finding that results from an exception review of
resident
assessment information conducted under that section 5111.27 of the Revised Code
after the
effective date of the facility's rate that is based on
the
assessment information, and any;
(3) Any medicaid payment deemed an overpayment under section 5111.683 of the Revised Code;
(4) Any penalty the department
imposes
under division (C) of section 5111.28 of the Revised Code
shall be
subject to an adjudication conducted in accordance with
Chapter
119. or section 5111.683 of the Revised Code.
Sec. 5111.291. Notwithstanding sections 5111.20 to 5111.29 5111.33 of the Revised
Code, the department of job and family services may compute the rate for
intermediate
care facilities for the mentally retarded operated by the department of mental
retardation and developmental disabilities or the department of mental health
according to the reasonable cost principles of Title XVIII of the "Social
Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 1395, as amended.
Sec. 5111.30. The department of job and family services shall terminate
the provider
agreement with a nursing facility or intermediate care facility
for the
mentally retarded provider that does not comply with the requirements of
section
3721.071 of the Revised Code for the installation of fire
extinguishing and
fire alarm systems.
Sec. 5111.31. (A) Every provider agreement with the provider of a nursing
facility or intermediate care facility for the mentally retarded
shall:
(1) Prohibit the facility provider from failing or refusing to
retain as a patient any person because the person is,
becomes, or may, as a patient in the facility, become a medicaid recipient of
assistance under the medical assistance program. For the purposes of this
division, a medicaid recipient of medical assistance who is a patient in a
facility shall be considered a patient in the facility during any
hospital stays totaling less than twenty-five days during any
twelve-month period. Recipients who have been identified by the
department of job and family services or its designee as requiring the
level of care of an intermediate care facility for the mentally
retarded shall not be subject to a maximum period of absences
during which they are considered patients if prior authorization
of the department for visits with relatives and friends and
participation in therapeutic programs is obtained under rules
adopted under section 5111.02 of the Revised Code.
(2) Include Except as provided by division (B)(1) of this section, include any part of the facility that meets standards
for certification of compliance with federal and state laws and
rules for participation in the medical assistance medicaid program, except
that nursing facilities that, during the period beginning July 1,
1987, and ending July 1, 1993, added beds licensed as nursing
home beds under Chapter 3721. of the Revised Code are not
required to include those beds under a provider agreement unless
otherwise required by federal law. Once added to the provider
agreement, however, those nursing home beds may not be removed
unless the facility withdraws from the medical assistance program
in its entirety.
(3) Prohibit the facility provider from discriminating against any
patient on the basis of race, color, sex, creed, or national
origin.
(4) Except as otherwise prohibited under section 5111.55
of the Revised Code, prohibit the facility provider from failing or
refusing to accept a patient because the patient is, becomes,
or may, as a patient in the facility, become a medicaid recipient of assistance under
the medical assistance program if less than eighty per cent of
the patients in the facility are medicaid recipients of medical
assistance.
(B)(1) Except as provided by division (B)(2) of this section, the following are not required to be included in a provider agreement unless otherwise required by federal law:
(a) Beds added during the period beginning July 1, 1987, and ending July 1, 1993, to a nursing home licensed under Chapter 3721. of the Revised Code;
(b) Beds in an intermediate care facility for the mentally retarded that are designated for respite care under a medicaid waiver component operated pursuant to a waiver sought under section 5111.87 of the Revised Code.
(2) If a provider chooses to include a bed specified in division (B)(1) of this section in a provider agreement, the bed may not be removed from the provider agreement unless the provider withdraws the facility in which the bed is located from the medicaid program.
(C) Nothing in this section shall bar any a provider that is a religious organization operating a religious or
denominational nursing facility or intermediate care facility for
the mentally retarded that is operated, supervised, or controlled
by a religious organization from giving preference to persons of
the same religion or denomination. Nothing in this section shall
bar any facility provider from giving preference to persons with whom it
the provider has contracted to provide continuing care.
(C)(D) Nothing in this section shall bar any the provider of a county home
organized under Chapter 5155. of the Revised Code from admitting
residents exclusively from the county in which the county home is
located.
(D)(E) No provider of a nursing facility or intermediate care facility for
the mentally retarded with for which a provider agreement is in
effect shall violate the provider contract obligations imposed
under this section.
(E)(F) Nothing in divisions (A) and (B)(C) of this section shall
bar any nursing facility or intermediate care facility for the
mentally retarded a provider from retaining patients who have resided in the
provider's facility for not less than one year as private pay patients and
who subsequently become medicaid recipients of assistance under the
medicaid program, but refusing to accept as a patient any person
who is or may, as a patient in the facility, become a medicaid recipient
of assistance under the medicaid program, if all of the following
apply:
(1) The facility provider does not refuse to retain any patient who
has resided in the provider's facility for not less than one year as a
private pay patient because the patient becomes a medicaid recipient
of assistance under the medicaid program, except as necessary to comply with
division (E)(F)(2) of this section;
(2) The number of medicaid recipients retained under this
division does not at any time exceed ten per cent of all the
patients in the facility;
(3) On July 1, 1980, all the patients in the facility were
private pay patients.
Sec. 5111.32. Any patient has a cause of action against the provider of a
nursing facility or
intermediate care facility for the mentally retarded for breach
of the provider
agreement obligations or other duties imposed by section 5111.31
of the Revised
Code. The action may be commenced by the patient, or on his the
patient's behalf by his the patient's
sponsor or a residents' rights advocate, as either is defined
under section
3721.10 of the Revised Code, by the filing of a civil action in
the
court of common
pleas of the county in which the facility is located, or in the
court of common
pleas of Franklin county.
If the court finds that a breach of the provider agreement
obligations imposed
by section 5111.31 of the Revised Code has occurred, the court
may enjoin the
facility provider from engaging in the practice, order such affirmative
relief as may be
necessary, and award to the patient and a person or public agency
that brings
an action on behalf of a patient actual damages, costs, and
reasonable
attorney's fees.
Sec. 5111.33. Reimbursement to nursing facilities and
intermediate care facilities for the mentally retarded a provider under
sections 5111.20 to 5111.32 of the Revised Code shall include
payments to facilities the provider, at a rate equal to the percentage of the
per resident per day rates that the department of job and family
services
has established for the provider's nursing facility or intermediate care facility for the mentally retarded under sections 5111.23 5111.20 to
5111.29 5111.33 of the Revised Code for the fiscal year for which the
cost of services is reimbursed, to reserve a bed for a recipient
during a temporary absence under conditions prescribed by the
department, to include hospitalization for an acute condition,
visits with relatives and friends, and participation in
therapeutic programs outside the facility, when the resident's
plan of care provides for such absence and federal participation
in the payments is available. The maximum period during which
payments may be made to reserve a bed shall not exceed the
maximum period specified under federal regulations, and shall not
be more than thirty days during any calendar year for hospital
stays, visits with relatives and friends, and participation in
therapeutic programs. Recipients who have been identified by the
department as requiring the level of care of an intermediate care
facility for the mentally retarded shall not be subject to a
maximum period during which payments may be made to reserve a bed
if prior authorization of the department is obtained for hospital
stays, visits with relatives and friends, and participation in
therapeutic programs. The director of job and family
services shall adopt rules under
division (B) of section 5111.02 of the Revised Code establishing
conditions under which prior authorization may be obtained.
Sec. 5111.34. The director of job and family services shall prepare an annual report containing recommendations on the methodology that should be used to transition paying providers of nursing facilities the rate determined for nursing facilities for one fiscal year to the immediately succeeding fiscal year. The director shall submit a copy of the annual report to the governor, the president and minority leader of the senate, and the speaker and minority leader of the house of representatives not later than the first day of each October.
Sec. 5111.62. The proceeds of all fines, including
interest, collected under sections 5111.35 to 5111.62 of the
Revised Code shall be deposited in the state treasury to the
credit of the residents protection fund, which is hereby created.
Moneys The proceeds of all fines, including interest, collected under section 173.42 of the Revised Code shall be deposited in the state treasury to the credit of the residents protection fund.
Moneys in the fund shall be used for the protection of the
health or property of residents of nursing facilities in which
the department of health finds deficiencies, including payment
for the costs of relocation of residents to other facilities,
maintenance of operation of a facility pending correction of
deficiencies or closure, and reimbursement of residents for the
loss of money managed by the facility under section 3721.15 of
the Revised Code. The
The fund shall be maintained and administered
by the department of job and family services under rules developed
in consultation with the departments of health and
aging and adopted by the director of
job and family services under
Chapter 119. of the Revised Code.
Sec. 5111.65. As used in sections 5111.65 to 5111.688 of the Revised Code:
(A) "Change of operator" means an entering operator becoming the operator of a nursing facility or intermediate care facility for the mentally retarded in the place of the exiting operator.
(1) Actions that constitute a change of operator include the following:
(a) A change in an exiting operator's form of legal organization, including the formation of a partnership or corporation from a sole proprietorship;
(b) A transfer of all the exiting operator's ownership interest in the operation of the facility to the entering operator, regardless of whether ownership of any or all of the real property or personal property associated with the facility is also transferred;
(c) A lease of the facility to the entering operator or the exiting operator's termination of the exiting operator's lease;
(d) If the exiting operator is a partnership, dissolution of the partnership;
(e) If the exiting operator is a partnership, a change in composition of the partnership unless both of the following apply:
(i) The change in composition does not cause the partnership's dissolution under state law.
(ii) The partners agree that the change in composition does not constitute a change in operator.
(f) If the operator is a corporation, dissolution of the corporation, a merger of the corporation into another corporation that is the survivor of the merger, or a consolidation of one or more other corporations to form a new corporation.
(2) The following, alone, do not constitute a change of operator:
(a) A contract for an entity to manage a nursing facility or intermediate care facility for the mentally retarded as the operator's agent, subject to the operator's approval of daily operating and management decisions;
(b) A change of ownership, lease, or termination of a lease of real property or personal property associated with a nursing facility or intermediate care facility for the mentally retarded if an entering operator does not become the operator in place of an exiting operator;
(c) If the operator is a corporation, a change of one or more members of the corporation's governing body or transfer of ownership of one or more shares of the corporation's stock, if the same corporation continues to be the operator.
(B) "Effective date of a change of operator" means the day the entering operator becomes the operator of the nursing facility or intermediate care facility for the mentally retarded.
(C) "Effective date of a facility closure" means the last day that the last of the residents of the nursing facility or intermediate care facility for the mentally retarded resides in the facility.
(D) "Effective date of a voluntary termination" means the day the intermediate care facility for the mentally retarded ceases to accept medicaid patients.
(E) "Effective date of a voluntary withdrawal of participation" means the day the nursing facility ceases to accept new medicaid patients other than the individuals who reside in the nursing facility on the day before the effective date of the voluntary withdrawal of participation.
(F) "Entering operator" means the person or government entity that will become the operator of a nursing facility or intermediate care facility for the mentally retarded when a change of operator occurs.
(G) "Exiting operator" means any of the following:
(1) An operator that will cease to be the operator of a nursing facility or intermediate care facility for the mentally retarded on the effective date of a change of operator;
(2) An operator that will cease to be the operator of a nursing facility or intermediate care facility for the mentally retarded on the effective date of a facility closure;
(3) An operator of an intermediate care facility for the mentally retarded that is undergoing or has undergone a voluntary termination;
(4) An operator of a nursing facility that is undergoing or has undergone a voluntary withdrawal of participation.
(H)(1) "Facility closure" means discontinuance of the use of the building, or part of the building, that houses the facility as a nursing facility or intermediate care facility for the mentally retarded that results in the relocation of all of the facility's residents. A facility closure occurs regardless of any of the following:
(a) The operator completely or partially replacing the facility by constructing a new facility or transferring the facility's license to another facility;
(b) The facility's residents relocating to another of the operator's facilities;
(c) Any action the department of health takes regarding the facility's certification under Title XIX of the "Social Security Act," 79 Stat. 286 (1965), 42 U.S.C. 1396, as amended, that may result in the transfer of part of the facility's survey findings to another of the operator's facilities;
(d) Any action the department of health takes regarding the facility's license under Chapter 3721. of the Revised Code;
(e) Any action the department of mental retardation and developmental disabilities takes regarding the facility's license under section 5123.19 of the Revised Code.
(2) A facility closure does not occur if all of the facility's residents are relocated due to an emergency evacuation and one or more of the residents return to a medicaid-certified bed in the facility not later than thirty days after the evacuation occurs.
(I) "Fiscal year," "intermediate care facility for the mentally retarded," "nursing facility," "operator," "owner," and "provider agreement" have the same meanings as in section 5111.20 of the Revised Code.
(J) "Voluntary termination" means an operator's voluntary election to terminate the participation of an intermediate care facility for the mentally retarded in the medicaid program but to continue to provide service of the type provided by a residential facility as defined in section 5123.19 of the Revised Code.
(K) "Voluntary withdrawal of participation" means an operator's voluntary election to terminate the participation of a nursing facility in the medicaid program but to continue to provide service of the type provided by a nursing facility.
Sec. 5111.651. Sections 5111.65 to 5111.688 of the Revised Code do not apply to a nursing facility or intermediate care facility for the mentally retarded that undergoes a facility closure, voluntary termination, voluntary withdrawal of participation, or change of operator on or before September 30, 2005, if the exiting operator provided written notice of the facility closure, voluntary termination, voluntary withdrawal of participation, or change of operator to the department of job and family services on or before June 30, 2005.
Sec. 5111.66. An exiting operator or owner of a nursing facility or intermediate care facility for the mentally retarded participating in the medicaid program shall provide the department of job and family services written notice of a facility closure, voluntary termination, or voluntary withdrawal of participation not less than ninety days before the effective date of the facility closure, voluntary termination, or voluntary withdrawal of participation. The written notice shall include all of the following:
(A) The name of the exiting operator and, if any, the exiting operator's authorized agent;
(B) The name of the nursing facility or intermediate care facility for the mentally retarded that is the subject of the written notice;
(C) The exiting operator's medicaid provider agreement number for the facility that is the subject of the written notice;
(D) The effective date of the facility closure, voluntary termination, or voluntary withdrawal of participation;
(E) The signature of the exiting operator's or owner's representative.
Sec. 5111.661. An operator shall comply with section 1919(c)(2)(F) of the "Social Security Act," 79 Stat. 286 (1965), 42 U.S.C. 1396r(c)(2)(F) if the operator's nursing facility undergoes a voluntary withdrawal of participation.
Sec. 5111.67. (A) An exiting operator or owner and entering operator shall provide the department of job and family services written notice of a change of operator if the nursing facility or intermediate care facility for the mentally retarded participates in the medicaid program and the entering operator seeks to continue the facility's participation. The written notice shall be provided to the department not later than forty-five days before the effective date of the change of operator if the change of operator does not entail the relocation of residents. The written notice shall be provided to the department not later than ninety days before the effective date of the change of operator if the change of operator entails the relocation of residents. The written notice shall include all of the following:
(1) The name of the exiting operator and, if any, the exiting operator's authorized agent;
(2) The name of the nursing facility or intermediate care facility for the mentally retarded that is the subject of the change of operator;
(3) The exiting operator's medicaid provider agreement number for the facility that is the subject of the change of operator;
(4) The name of the entering operator;
(5) The effective date of the change of operator;
(6) The manner in which the entering operator becomes the facility's operator, including through sale, lease, merger, or other action;
(7) If the manner in which the entering operator becomes the facility's operator involves more than one step, a description of each step;
(8) Written authorization from the exiting operator or owner and entering operator for the department to process a provider agreement for the entering operator;
(9) The signature of the exiting operator's or owner's representative.
(B) The entering operator shall include a completed application for a provider agreement with the written notice to the department. The entering operator shall attach to the application the following:
(1) If the written notice is provided to the department before the date the exiting operator or owner and entering operator complete the transaction for the change of operator, all the proposed leases, management agreements, merger agreements and supporting documents, and sales contracts and supporting documents relating to the facility's change of operator;
(2) If the written notice is provided to the department on or after the date the exiting operator or owner and entering operator complete the transaction for the change of operator, copies of all the executed leases, management agreements, merger agreements and supporting documents, and sales contracts and supporting documents relating to the facility's change of operator.
Sec. 5111.671. The department of job and family services may enter into a provider agreement with an entering operator that goes into effect at 12:01 a.m. on the effective date of the change of operator if all of the following requirements are met:
(A) The department receives a properly completed written notice required by section 5111.67 of the Revised Code on or before the date required by that section.
(B) The entering operator furnishes to the department copies of all the fully executed leases, management agreements, merger agreements and supporting documents, and sales contracts and supporting documents relating to the change of operator not later than ten days after the effective date of the change of operator.
(C) The entering operator is eligible for medicaid payments as provided in section 5111.21 of the Revised Code.
Sec. 5111.672. (A) The department of job and family services may enter into a provider agreement with an entering operator that goes into effect at 12:01 a.m. on the date determined under division (B) of this section if all of the following are the case:
(1) The department receives a properly completed written notice required by section 5111.67 of the Revised Code.
(2) The entering operator furnishes to the department copies of all the fully executed leases, management agreements, merger agreements and supporting documents, and sales contracts and supporting documents relating to the change of operator.
(3) The requirement of division (A)(1) of this section is met after the time required by section 5111.67 of the Revised Code, the requirement of division (A)(2) of this section is met more than ten days after the effective date of the change of operator, or both.
(4) The entering operator is eligible for medicaid payments as provided in section 5111.21 of the Revised Code.
(B) The department shall determine the date a provider agreement entered into under this section is to go into effect as follows:
(1) The effective date shall give the department sufficient time to process the change of operator, assure no duplicate payments are made, make the withholding required by section 5111.681 of the Revised Code, and withhold the final payment to the exiting operator until one hundred eighty days after either of the following:
(a) The date that the exiting operator submits to the department a properly completed cost report under section 5111.682 of the Revised Code;
(b) The date that the department waives the cost report requirement of section 5111.682 of the Revised Code.
(2) The effective date shall be not earlier than the later of the effective date of the change of operator or the date that the exiting operator or owner and entering operator comply with section 5111.67 of the Revised Code.
(3) The effective date shall be not later than the following after the later of the dates specified in division (B)(2) of this section:
(a) Forty-five days if the change of operator does not entail the relocation of residents;
(b) Ninety days if the change of operator entails the relocation of residents.
Sec. 5111.673. A provider that enters into a provider agreement with the department of job and family services under section 5111.671 or 5111.672 of the Revised Code shall do all of the following:
(A) Comply with all applicable federal statutes and regulations;
(B) Comply with section 5111.22 of the Revised Code and all other applicable state statutes and rules;
(C) Comply with all the terms and conditions of the exiting operator's provider agreement, including, but not limited to, all of the following:
(1) Any plan of correction;
(2) Compliance with health and safety standards;
(3) Compliance with the ownership and financial interest disclosure requirements of 42 C.F.R. 455.104, 455.105, and 1002.3;
(4) Compliance with the civil rights requirements of 45 C.F.R. parts 80, 84, and 90;
(5) Compliance with additional requirements imposed by the department;
(6) Any sanctions relating to remedies for violation of the provider agreement, including deficiencies, compliance periods, accountability periods, monetary penalties, notification for correction of contract violations, and history of deficiencies.
Sec. 5111.674. In the case of a change of operator, the exiting operator shall be considered to be the operator of the nursing facility or intermediate care facility for the mentally retarded for purposes of the medicaid program, including medicaid payments, until the effective date of the entering operator's provider agreement if the provider agreement is entered into under section 5111.671 or 5111.672 of the Revised Code.
Sec. 5111.675. The department of job and family services may enter into a provider agreement as provided in section 5111.22 of the Revised Code, rather than section 5111.671 or 5111.672 of the Revised Code, with an entering operator if the entering operator does not agree to a provider agreement that satisfies the requirements of division (C) of section 5111.673 of the Revised Code. The department may not enter into the provider agreement unless the department of health certifies the nursing facility or intermediate care facility for the mentally retarded under Title XIX of the "Social Security Act," 79 Stat. 286 (1965), 42 U.S.C. 1396, as amended. The effective date of the provider agreement shall not precede any of the following:
(A) The date that the department of health certifies the facility;
(B) The effective date of the change of operator;
(C) The date the requirement of section 5111.67 of the Revised Code is satisfied.
Sec. 5111.676. The director of job and family services may adopt rules in accordance with Chapter 119. of the Revised Code governing adjustments to the medicaid reimbursement rate for a nursing facility or intermediate care facility for the mentally retarded that undergoes a change of operator. No rate adjustment resulting from a change of operator shall be effective before the effective date of the entering operator's provider agreement. This is the case regardless of whether the provider agreement is entered into under section 5111.671, section 5111.672, or, pursuant to section 5111.675, section 5111.22 of the Revised Code.
Sec. 5111.677. Neither of the following shall affect the department of job and family services' determination of whether or when a change of operator occurs or the effective date of an entering operator's provider agreement under section 5111.671, section 5111.672, or, pursuant to section 5111.675, section 5111.22 of the Revised Code:
(A) The department of health's determination that a change of operator has or has not occurred for purposes of licensure under Chapter 3721. of the Revised Code;
(B) The department of mental retardation and developmental disabilities' determination that a change of operator has or has not occurred for purposes of licensure under section 5123.19 of the Revised Code.
Sec. 5111.68. (A) On receipt of a written notice under section 5111.66 of the Revised Code of a facility closure, voluntary termination, or voluntary withdrawal of participation or a written notice under section 5111.67 of the Revised Code of a change of operator, the department of job and family services shall determine the amount of any overpayments made under the medicaid program to the exiting operator, including overpayments the exiting operator disputes, and other actual and potential debts the exiting operator owes or may owe to the department and United States centers for medicare and medicaid services under the medicaid program. In determining the exiting operator's other actual and potential debts to the department under the medicaid program, the department shall include all of the following that the department determines is applicable:
(1) Refunds due the department under section 5111.27 of the Revised Code;
(2) Interest owed to the department and United States centers for medicare and medicaid services;
(3) Final civil monetary and other penalties for which all right of appeal has been exhausted;
(4) Money owed the department and United States centers for medicare and medicaid services from any outstanding final fiscal audit, including a final fiscal audit for the last fiscal year or portion thereof in which the exiting operator participated in the medicaid program.
(B) If the department is unable to determine the amount of the overpayments and other debts for any period before the effective date of the entering operator's provider agreement or the effective date of the facility closure, voluntary termination, or voluntary withdrawal of participation, the department shall make a reasonable estimate of the overpayments and other debts for the period. The department shall make the estimate using information available to the department, including prior determinations of overpayments and other debts.
Sec. 5111.681. (A) Except as provided in division (B) of this section, the department of job and family services shall withhold the greater of the following from payment due an exiting operator under the medicaid program:
(1) The total amount of any overpayments made under the medicaid program to the exiting operator, including overpayments the exiting operator disputes, and other actual and potential debts, including any unpaid penalties, the exiting operator owes or may owe to the department and United States centers for medicare and medicaid services under the medicaid program;
(2) An amount equal to the average amount of monthly payments to the exiting operator under the medicaid program for the twelve-month period immediately preceding the month that includes the last day the exiting operator's provider agreement is in effect or, in the case of a voluntary withdrawal of participation, the effective date of the voluntary withdrawal of participation.
(B) The department may choose not to make the withholding under division (A) of this section if an entering operator does both of the following:
(1) Enters into a nontransferable, unconditional, written agreement with the department to pay the department any debt the exiting operator owes the department under the medicaid program;
(2) Provides the department a copy of the entering operator's balance sheet that assists the department in determining whether to make the withholding under division (A) of this section.
Sec. 5111.682. (A) Except as provided in division (B) of this section, an exiting operator shall file with the department of job and family services a cost report not later than ninety days after the last day the exiting operator's provider agreement is in effect or, in the case of a voluntary withdrawal of participation, the effective date of the voluntary withdrawal of participation. The cost report shall cover the period that begins with the day after the last day covered by the operator's most recent previous cost report required by section 5111.26 of the Revised Code and ends on the last day the exiting operator's provider agreement is in effect or, in the case of a voluntary withdrawal of participation, the effective date of the voluntary withdrawal of participation. The cost report shall include, as applicable, all of the following:
(1) The sale price of the nursing facility or intermediate care facility for the mentally retarded;
(2) A final depreciation schedule that shows which assets are transferred to the buyer and which assets are not transferred to the buyer;
(3) Any other information the department requires.
(B) The department, at its sole discretion, may waive the requirement that an exiting operator file a cost report in accordance with division (A) of this section.
Sec. 5111.683. If an exiting operator required by section 5111.682 of the Revised Code to file a cost report with the department of job and family services fails to file the cost report in accordance with that section, all payments under the medicaid program for the period the cost report is required to cover are deemed overpayments until the date the department receives the properly completed cost report. The department may impose on the exiting operator a penalty of one hundred dollars for each calendar day the properly completed cost report is late.
Sec. 5111.684. The department of job and family services may not provide an exiting operator final payment under the medicaid program until the department receives all properly completed cost reports the exiting operator is required to file under sections 5111.26 and 5111.682 of the Revised Code.
Sec. 5111.685. The department of job and family services shall determine the actual amount of debt an exiting operator owes the department under the medicaid program by completing all final fiscal audits not already completed and performing all other appropriate actions the department determines to be necessary. The department shall issue a debt summary report on this matter not later than ninety days after the date the exiting operator files the properly completed cost report required by section 5111.682 of the Revised Code with the department or, if the department waives the cost report requirement for the exiting operator, ninety days after the date the department waives the cost report requirement. The report shall include the department's findings and the amount of debt the department determines the exiting operator owes the department and United States centers for medicare and medicaid services under the medicaid program. Only the parts of the report that are subject to an adjudication as specified in section 5111.30 of the Revised Code are subject to an adjudication conducted in accordance with Chapter 119. of the Revised Code.
Sec. 5111.686. The department of job and family services shall release the actual amount withheld under division (A) of section 5111.681 of the Revised Code, less any amount the exiting operator owes the department and United States centers for medicare and medicaid services under the medicaid program, as follows:
(A) Ninety-one days after the date the exiting operator files a properly completed cost report required by section 5111.682 of the Revised Code unless the department issues the report required by section 5111.685 of the Revised Code not later than ninety days after the date the exiting operator files the properly completed cost report;
(B) Not later than thirty days after the exiting operator agrees to a final fiscal audit resulting from the report required by section 5111.685 of the Revised Code if the department issues the report not later than ninety days after the date the exiting operator files a properly completed cost report required by section 5111.682 of the Revised Code;
(C) Ninety-one days after the date the department waives the cost report requirement of section 5111.682 of the Revised Code unless the department issues the report required by section 5111.685 of the Revised Code not later than ninety days after the date the department waives the cost report requirement;
(D) Not later than thirty days after the exiting operator agrees to a final fiscal audit resulting from the report required by section 5111.685 of the Revised Code if the department issues the report not later than ninety days after the date the department waives the cost report requirement of section 5111.682 of the Revised Code.
Sec. 5111.687. The department of job and family services, at its sole discretion, may release the amount withheld under division (A) of section 5111.681 of the Revised Code if the exiting operator submits to the department written notice of a postponement of a change of operator, facility closure, voluntary termination, or voluntary withdrawal of participation and the transactions leading to the change of operator, facility closure, voluntary termination, or voluntary withdrawal of participation are postponed for at least thirty days but less than ninety days after the date originally proposed for the change of operator, facility closure, voluntary termination, or voluntary withdrawal of participation as reported in the written notice required by section 5111.66 or 5111.67 of the Revised Code. The department shall release the amount withheld if the exiting operator submits to the department written notice of a cancellation or postponement of a change of operator, facility closure, voluntary termination, or voluntary withdrawal of participation and the transactions leading to the change of operator, facility closure, voluntary termination, or voluntary withdrawal of participation are canceled or postponed for more than ninety days after the date originally proposed for the change of operator, facility closure, voluntary termination, or voluntary withdrawal of participation as reported in the written notice required by section 5111.66 or 5111.67 of the Revised Code.
After the department receives a written notice regarding a cancellation or postponement of a facility closure, voluntary termination, or voluntary withdrawal of participation, the exiting operator or owner shall provide new written notice to the department under section 5111.66 of the Revised Code regarding any transactions leading to a facility closure, voluntary termination, or voluntary withdrawal of participation at a future time. After the department receives a written notice regarding a cancellation or postponement of a change of operator, the exiting operator or owner and entering operator shall provide new written notice to the department under section 5111.67 of the Revised Code regarding any transactions leading to a change of operator at a future time.
Sec. 5111.688. The director of job and family services may adopt rules under section 5111.02 of the Revised Code to implement sections 5111.65 to 5111.688 of the Revised Code, including rules applicable to an exiting operator that provides written notification under section 5111.66 of the Revised Code of a voluntary withdrawal of participation. Rules adopted under this section shall comply with section 1919(c)(2)(F) of the "Social Security Act," 79 Stat. 286 (1965), 42 U.S.C. 1396r(c)(2)(F), regarding restrictions on transfers or discharges of nursing facility residents in the case of a voluntary withdrawal of participation. The rules may prescribe a medicaid reimbursement methodology and other procedures that are applicable after the effective date of a voluntary withdrawal of participation that differ from the reimbursement methodology and other procedures that would otherwise apply.
Sec. 5111.85. (A) As used in this section and sections 5111.851 to 5111.856 of the Revised Code,
"medicaid
waiver component" means a component of the medicaid program
authorized by a waiver granted by the United States department of
health and human services under section 1115 or 1915 of the
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 1315 or
1396n.
"Medicaid waiver component" does not include a
care
management system established under section 5111.16 of the Revised Code.
(B) The director of job and family services may adopt
rules
under Chapter 119. of the Revised Code governing medicaid
waiver
components that establish all of the following:
(1) Eligibility requirements for the medicaid waiver
components;
(2) The type, amount, duration, and scope of services the
medicaid waiver components provide;
(3) The conditions under which the medicaid waiver
components cover services;
(4) The amount the medicaid waiver components pay for
services or the method by which the amount is determined;
(5) The manner in which the medicaid waiver components pay
for services;
(6) Safeguards for the health and welfare of medicaid
recipients receiving services under a medicaid waiver component;
(7) Procedures for enforcing the rules, including
establishing corrective action plans for, and imposing financial
and administrative sanctions on, persons and government entities
that violate the rules. Sanctions shall include terminating
medicaid provider agreements. The procedures shall include due
process
protections.
(8) Other policies necessary for the efficient
administration of the medicaid waiver components.
(C) The director of job and family services may adopt
different rules for the different medicaid waiver components. The
rules shall be consistent with the terms of the waiver authorizing
the medicaid waiver component.
(D) The director of job and family services may conduct
reviews of the medicaid waiver components. The reviews may
include physical inspections of records and sites where services
are provided under the medicaid waiver components and interviews
of providers and recipients of the services. If the director
determines pursuant to a review that a person or government entity
has violated a rule governing a medicaid waiver component, the
director may
establish a corrective action plan for the violator
and impose
fiscal, administrative, or both types of sanctions on
the violator
in accordance with rules adopted under division (B)
of this
section.
Sec. 5111.851. (A) As used in sections 5111.851 to 5111.855 of the Revised Code:
"Administrative agency" means, with respect to a home and community-based services medicaid waiver component, the department of job and family services or, if a state agency or political subdivision contracts with the department under section 5111.91 of the Revised Code to administer the component, that state agency or political subdivision.
"Home and community-based services medicaid waiver component" means a medicaid waiver component under which home and community-based services are provided as an alternative to hospital, nursing facility, or intermediate care facility for the mentally retarded services.
"Hospital" has the same meaning as in section 3727.01 of the Revised Code.
"Intermediate care facility for the mentally retarded" has the same meaning as in section 5111.20 of the Revised Code.
"Level of care determination" means a determination of whether an individual needs the level of care provided by a hospital, nursing facility, or intermediate care facility for the mentally retarded and whether the individual, if determined to need that level of care, would receive hospital, nursing facility, or intermediate care facility for the mentally retarded services if not for a home and community-based services medicaid waiver component.
"Nursing facility" has the same meaning as in section 5111.20 of the Revised Code.
"Skilled nursing facility" means a facility certified as a skilled nursing facility under Title XVIII of the "Social Security Act," 79 Stat. 286 (1965), 42 U.S.C. 1395, as amended.
(B) The following requirements apply to each home and community-based services medicaid waiver component:
(1) Only an individual who qualifies for a component shall receive that component's services.
(2) A level of care determination shall be made as part of the process of determining whether an individual qualifies for a component and shall be made each year after the initial determination if, during such a subsequent year, the administrative agency determines there is a reasonable indication that the individual's needs have changed.
(3) A written plan of care or individual service plan based on an individual assessment of the services that an individual needs to avoid needing admission to a hospital, nursing facility, or intermediate care facility for the mentally retarded shall be created for each individual determined eligible for a component.
(4) Each individual determined eligible for a component shall receive that component's services in accordance with the individual's level of care determination and written plan of care or individual service plan.
(5) No individual may receive services under a component while the individual is a hospital inpatient or resident of a skilled nursing facility, nursing facility, or intermediate care facility for the mentally retarded.
(6) No individual may receive prevocational, educational, or supported employment services under a component if the individual is eligible for such services that are funded with federal funds provided under 29 U.S.C. 730 or the "Individuals with Disabilities Education Act," 111 Stat. 37 (1997), 20 U.S.C. 1400, as amended.
(7) Safeguards shall be taken to protect the health and welfare of individuals receiving services under a component, including safeguards established in rules adopted under section 5111.85 of the Revised Code and safeguards established by licensing and certification requirements that are applicable to the providers of that component's services.
(8) No services may be provided under a component by a provider that is subject to standards that 42 U.S.C. 1382e(e)(1) requires be established if the provider fails to comply with the standards applicable to the provider.
(9) Individuals determined to be eligible for a component, or such individuals' representatives, shall be informed of that component's services, including any choices that the individual or representative may make regarding the component's services, and given the choice of either receiving services under that component or, as appropriate, hospital, nursing facility, or intermediate care facility for the mentally retarded services.
Sec. 5111.852. The department of job and family services may review and approve, modify, or deny written plans of care and individual service plans that section 5111.851 of the Revised Code requires be created for individuals determined eligible for a home and community-based services medicaid waiver component. If a state agency or political subdivision contracts with the department under section 5111.91 of the Revised Code to administer a home and community-based services medicaid waiver component and approves, modifies, or denies a written plan of care or individual service plan pursuant to the agency's or subdivision's administration of the component, the department may review the agency's or subdivision's approval, modification, or denial and order the agency or subdivision to reverse or modify the approval, modification, or denial. The state agency or political subdivision shall comply with the department's order.
The department of job and family services shall be granted full and immediate access to any records the department needs to implement its duties under this section.
Sec. 5111.853. Each administrative agency shall maintain, for a period of time the department of job and family services shall specify, financial records documenting the costs of services provided under the home and community-based services medicaid waiver components that the agency administers, including records of independent audits. The administrative agency shall make the financial records available on request to the United States secretary of health and human services, United States comptroller general, and their designees.
Sec. 5111.854. Each administrative agency is financially accountable for funds expended for services provided under the home and community-based services medicaid waiver components that the agency administers.
Sec. 5111.855. Each state agency and political subdivision that enters into a contract with the department of job and family services under section 5111.91 of the Revised Code to administer a home and community-based services medicaid waiver component, or one or more aspects of such a component, shall provide the department a written assurance that the agency or subdivision will not violate any of the requirements of sections 5111.85 to 5111.854 of the Revised Code.
Sec. 5111.856. To the extent necessary for the efficient and economical administration of medicaid waiver components, the department of job and family services may transfer an individual enrolled in a medicaid waiver component administered by the department to another medicaid waiver component the department administers if the individual is eligible for the medicaid waiver component and the transfer does not jeopardize the individual's health or safety.
Sec. 5111.97 5111.86. (A) As used in this section:
(1) "Hospital" has the same meaning as in section 3727.01 of the Revised Code.
(2) "Medicaid waiver component" has the same meaning as in section 5111.85 of the Revised Code.
(3) "Nursing facility" has the same meaning as in section 5111.20 of the Revised Code.
(4) "Ohio home care program" means the program the department of job and family services administers that provides state plan services and medicaid waiver component services pursuant to rules adopted under sections 5111.01 and 5111.02 of the Revised Code and a medicaid waiver that went into effect July 1, 1998.
(B) The director of job and family services may submit a request requests to the United States secretary of health and human services pursuant to section 1915 of the "Social Security Act," 79 Stat. 286 (1965), 42 U.S.C. 1396n, as amended, to obtain waivers of federal medicaid requirements that would otherwise be violated in the creation and implementation of two or more medicaid waiver components under which home and community-based services programs to replace the Ohio home care program being operated pursuant to rules adopted under sections 5111.01 and 5111.02 of the Revised Code and a medicaid waiver granted prior to the effective date of this section are provided to eligible individuals who need the level of care provided by a nursing facility or hospital. In the request requests, the director may specify the following:
(1) That one of the replacement programs will provide home and community-based services to individuals in need of nursing facility care, including individuals enrolled in the Ohio home care program;
(2) That the other replacement program will provide services to individuals in need of hospital care, including individuals enrolled in the Ohio home care program;
(3) That there will be a The maximum number of individuals who may be enrolled in the replacement programs in addition to the number of individuals to be transferred from the Ohio home care program each of the medicaid waiver components included in the requests;
(4) That there will be a (2) The maximum amount the department medicaid program may expend each year for each individual enrolled in the replacement programs medicaid waiver components;
(5) That there will be a (3) The maximum aggregate amount the department medicaid program may expend each year for all individuals enrolled in the replacement programs medicaid waiver components;
(6)(4) Any other requirement requirements the director selects for the replacement programs medicaid waiver components.
(B)(C) If the secretary grants approves the medicaid waivers requested under this section, the director may create and implement the replacement programs medicaid waiver components in accordance with the provisions of the approved waivers granted. The department of job and family services shall administer the replacement programs medicaid waiver components.
As the replacement programs are implemented, the director shall reduce the maximum number of individuals who may be enrolled in the Ohio home care program by the number of individuals who are transferred to the replacement programs. When all individuals who are eligible to be transferred to the replacement programs have been transferred, the director may submit to the secretary an amendment to the state medicaid plan to provide for the elimination of the Ohio home care program.
After the first of any medicaid waiver components created under this section begins to enroll eligible individuals, the director may submit to the United States secretary of health and human services an amendment to a medicaid waiver component of the Ohio home care program authorizing the department to cease enrolling additional individuals in that medicaid waiver component of the Ohio home care program. If the secretary approves the amendment, the director may cease to enroll additional individuals in that medicaid waiver component of the Ohio home care program.
Sec. 5111.87. (A) As used in this section and section 5111.871
of
the Revised Code, "intermediate:
(1) "Intermediate care facility for the mentally
retarded" has the same meaning as in section 5111.20 of the
Revised Code.
(2) "Medicaid waiver component" has the same meaning as in section 5111.85 of the Revised Code.
(B) The director of job and family services may apply to the
United States secretary of health and human services for both of the following:
(1) One or
more medicaid waivers waiver components under which home and community-based
services
are provided to individuals with mental retardation or
other
developmental disability as an alternative to placement in
an
intermediate care facility for the mentally retarded;
(2) One or more medicaid waivers waiver components under which home and community-based services are provided in the form of either or both any of the following:
(a) Early intervention and supportive services for children under three years of age that are provided or arranged by county boards of mental retardation and who have developmental delays or disabilities the director determines are significant;
(b) Therapeutic services for children who have autism and are under six years of age at the time of enrollment;
(c) Specialized habilitative services for individuals who are eighteen years of age or older and have autism.
(C) No medicaid waiver component authorized by division (B)(2)(b) or (c) of this section shall provide services that are available under another medicaid waiver component. No medicaid waiver component authorized by division (B)(2)(b) of this section shall provide services to an individual that the individual is eligible to receive through an individualized education program as defined in section 3323.01 of the Revised Code.
(D)
The director of mental retardation and developmental disabilities or director of health may request that the director of job and family services apply for one or more medicaid waivers under this section.
(D)(E) Before applying for a waiver under this section, the director of job and family services
shall seek, accept, and consider public comments.
Sec. 5111.871. The department of job and family
services
shall enter
into
a contract with the
department of
mental
retardation and developmental disabilities
under section
5111.91
of the Revised Code with regard to one or more of
the
components of the
medicaid
program established by the
department of
job and family
services
under
one or more of the medicaid waivers
sought under section 5111.87 of the Revised Code. The
contract shall
provide for the
department of mental retardation
and
developmental
disabilities to
administer the
components in
accordance
with the terms of
the
waivers. The
directors of job
and family services
and mental
retardation and developmental
disabilities shall
adopt
rules in
accordance with Chapter 119. of
the Revised Code
governing the
components.
If the department of mental retardation and developmental
disabilities or the department of job and family services denies
an individual's application for home and community-based services
provided under any of these medicaid components, the department that denied
the services shall give timely notice to the individual that the
individual
may request a hearing under section 5101.35 of the
Revised Code.
The departments of mental retardation and developmental
disabilities and job and family services may approve, reduce,
deny, or terminate a service included in the individualized
service plan developed for a medicaid recipient eligible for home
and community-based services provided under any of these medicaid
components. The departments shall consider the recommendations a
county board of mental retardation and developmental disabilities
makes under division (A)(1)(c) of section 5126.055 of the Revised
Code. If either department approves, reduces, denies, or
terminates a
service, that department shall give timely notice to
the medicaid
recipient that the recipient may request a hearing
under section
5101.35 of the Revised Code.
If supported living or residential services, as defined in
section 5126.01 of the Revised Code, are to be provided under any of these components, any person or government entity with a current, valid
medicaid provider agreement and a current, valid license under
section 5123.19 or certificate under section 5123.045 5123.16 or 5126.431 of the Revised Code may provide the services.
Sec. 5111.88. (A) As used in sections 5111.88 to 5111.8812 of the Revised Code:
"Administrative agency" means the department of job and family services or, if the department assigns the day-to-day administration of the ICF/MR conversion pilot program to the department of mental retardation and developmental disabilities pursuant to section 5111.887 of the Revised Code, the department of mental retardation and developmental disabilities.
"ICF/MR conversion pilot program" means the medicaid waiver component authorized by a waiver sought under division (B)(1) of this section.
"ICF/MR services" means intermediate care facility for the mentally retarded services covered by the medicaid program that an intermediate care facility for the mentally retarded provides to a resident of the facility who is a medicaid recipient eligible for medicaid-covered intermediate care facility for the mentally retarded services.
"Intermediate care facility for the mentally retarded" has the same meaning as in section 5111.20 of the Revised Code.
"Medicaid waiver component" has the same meaning as in section 5111.85 of the Revised Code.
(B) By July 1, 2006, or as soon thereafter as practical, but not later than January 1, 2007, the director of job and family services shall, after consulting with and receiving input from the ICF/MR conversion advisory council, submit both of the following to the United States secretary of health and human services:
(1) An application for a waiver authorizing the ICF/MR conversion pilot program under which intermediate care facilities for the mentally retarded, other than such facilities operated by the department of mental retardation and developmental disabilities, may volunteer to convert from providing intermediate care facility for the mentally retarded services to providing home and community-based services and individuals with mental retardation or a developmental disability who are eligible for ICF/MR services may volunteer to receive instead home and community-based services;
(2) An amendment to the state medicaid plan to authorize the director, beginning on the first day that the ICF/MR conversion pilot program begins implementation under section 5111.882 of the Revised Code and except as provided by section 5111.8811 of the Revised Code, to refuse to enter into or amend a medicaid provider agreement with the operator of an intermediate care facility for the mentally retarded if the provider agreement or amendment would authorize the operator to receive medicaid payments for more intermediate care facility for the mentally retarded beds than the operator receives on the day before that day.
(C) The director shall notify the governor, speaker and minority leader of the house of representatives, and president and minority leader of the senate when the director submits the application for the ICF/MR conversion pilot program under division (B)(1) of this section and the amendment to the state medicaid plan under division (B)(2) of this section. The director is not required to submit the application and the amendment at the same time.
Sec. 5111.881. (A) There is hereby created the ICF/MR conversion advisory council. The council shall consist of all of the following members:
(1) Two members of the house of representatives appointed by the speaker of the house of representatives, each from a different political party;
(2) Two members of the senate appointed by the president of the senate, each from a different political party;
(3) The director of job and family services or the director's designee;
(4) The director of mental retardation and developmental disabilities or the director's designee;
(5) One representative of each of the following organizations, appointed by the organization:
(a) Advocacy and protective services, incorporated;
(c) The Ohio league for the mentally retarded;
(d) People first of Ohio;
(e) The Ohio association of county boards of mental retardation and developmental disabilities;
(f) The Ohio provider resource association;
(g) The Ohio health care association;
(h) The Ohio legal rights service;
(i) The Ohio developmental disabilities council;
(j) The cerebral palsy association of Ohio.
(B) At least four members appointed to the ICF/MR conversion advisory council, other than the members appointed under division (A)(1) or (2) of this section, shall be either of the following:
(1) A family member of an individual who, at the time of the family member's appointment, is a resident of an intermediate care facility for the mentally retarded;
(2) An individual with mental retardation or a developmental disability.
(C) The speaker of the house of representatives and the president of the senate jointly shall appoint one of the members appointed under division (A)(1) or (2) of this section to serve as chair of the ICF/MR conversion advisory council.
(D) Members of the ICF/MR conversion advisory council shall receive no compensation for serving on the council.
(E) The ICF/MR conversion advisory council shall do all of the following:
(1) Consult with the director of job and family services before the director submits the application for the ICF/MR conversion pilot program and the amendment to the state medicaid plan under division (B) of section 5111.88 of the Revised Code;
(2) Consult with the administrative agency before the administrative agency makes adjustments to the program under division (F) of section 5111.882 of the Revised Code;
(3) Consult with the director of job and family services when the director adopts the rules for the program;
(4)
Consult with the administrative agency when the administrative agency conducts the evaluation of the program and prepares the initial and final reports of the evaluation under section 5111.889 of the Revised Code.
(F) The ICF/MR conversion advisory council shall cease to exist on the issuance of the final report of the evaluation conducted under section 5111.889 of the Revised Code.
Sec. 5111.882. If the United States secretary of health and human services approves the waiver requested under division (B)(1) of section 5111.88 of the Revised Code, the administrative agency shall implement the ICF/MR conversion pilot program for not less than three years as follows:
(A) Permit no more than two hundred individuals to participate in the program at one time;
(B) Select, from among volunteers only, enough intermediate care facilities for the mentally retarded to convert from providing ICF/MR services to providing home and community-based services as necessary to accommodate each individual participating in the program and ensure that the facilities selected for conversion cease, except as provided by section 5111.8811 of the Revised Code, to provide any ICF/MR services once the conversion takes place;
(C) Subject to division (A) of this section, permit individuals who reside in an intermediate care facility for the mentally retarded that converts to providing home and community-based services to choose whether to participate in the program or to transfer to another intermediate care facility for the mentally retarded that is not converting;
(D) Ensure that no individual receiving ICF/MR services on the effective date of this section suffers an interruption in medicaid-covered services that the individual is eligible to receive;
(E) Collect information as necessary for the evaluation required by section 5111.889 of the Revised Code;
(F) After consulting with the ICF/MR conversion advisory council, make adjustments to the program that the administrative agency and, if the administrative agency is not the department of job and family services, the department agree are both necessary for the program to be implemented more effectively and consistent with the terms of the waiver authorizing the program. No adjustment may be made that expands the size or scope of the program.
Sec. 5111.883. Each individual participating in the ICF/MR conversion pilot program shall receive home and community-based services pursuant to a written individual service plan that shall be created for the individual. The individual service plan shall provide for the individual to receive home and community-based services as necessary to meet the individual's health and welfare needs.
Sec. 5111.884. Each individual participating in the ICF/MR conversion pilot program has the right to choose the qualified and willing provider from which the individual will receive home and community-based services provided under the program.
Sec. 5111.885. The administrative agency shall inform each individual participating in the ICF/MR conversion pilot program of the individual's right to a state hearing under section 5101.35 of the Revised Code regarding a decision or order the administrative agency makes concerning the individual's participation in the program.
Sec. 5111.886. The department of mental retardation and developmental disabilities may not convert any of the intermediate care facilities for the mentally retarded that the department operates to a provider of home and community-based services under the ICF/MR conversion pilot program.
Sec. 5111.887. (A) If the United States secretary of health and human services approves the waiver requested under division (B)(1) of section 5111.88 of the Revised Code, the department of job and family services may do both of the following:
(1) Contract with the department of mental retardation and developmental disabilities under section 5111.91 of the Revised Code to assign the day-to-day administration of the ICF/MR conversion pilot program to the department of mental retardation and developmental disabilities;
(2) Transfer funds to pay for the nonfederal share of the costs of the ICF/MR conversion pilot program to the department of mental retardation and developmental disabilities.
(B) If the department of job and family services takes both actions authorized by division (A) of this section, the department of mental retardation and developmental disabilities shall be responsible for paying the nonfederal share of the costs of the ICF/MR conversion pilot program.
Sec. 5111.888. The director of job and family services, in consultation with the ICF/MR conversion advisory council, shall adopt rules under section 5111.85 of the Revised Code as necessary to implement the ICF/MR conversion pilot program, including rules establishing both of the following:
(A) The type, amount, duration, and scope of home and community-based services provided under the program;
(B) The amount the program pays for the home and community-based services or the method by which the amount is determined.
Sec. 5111.889. (A) The administrative agency, in consultation with the ICF/MR conversion advisory council, shall conduct an evaluation of the ICF/MR conversion pilot program. All of the following shall be examined as part of the evaluation:
(1) The effectiveness of the home and community-based services provided under the program in meeting the health and welfare needs of the individuals participating in the program as identified in the individuals' written individual service plans;
(2) The satisfaction of the individuals participating in the program with the home and community-based services;
(3) The impact that the conversion from providing ICF/MR services to providing home and community-based services has on the intermediate care facilities for the mentally retarded that convert;
(4) The program's cost effectiveness, including administrative cost effectiveness;
(5) Feedback about the program from the individuals participating in the program, such individuals' families and guardians, county boards of mental retardation and developmental disabilities, and providers of home and community-based services under the program;
(6) Other matters the administrative agency considers appropriate for evaluation.
(B) The administrative agency, in consultation with the ICF/MR conversion advisory council, shall prepare two reports of the evaluation conducted under this section. The initial report shall be finished not sooner than the last day of the ICF/MR conversion pilot program's first year of operation. The final report shall be finished not sooner than the last day of the program's second year of operation. The administrative agency shall provide a copy of each report to the governor, president and minority leader of the senate, and speaker and minority leader of the house of representatives.
Sec. 5111.8810. The ICF/MR conversion pilot program shall not be implemented statewide unless the general assembly enacts law authorizing the statewide implementation.
Sec. 5111.8811. An intermediate care facility for the mentally retarded that converts from providing ICF/MR services to providing home and community-based services under the ICF/MR conversion pilot program may reconvert to providing ICF/MR services after the program terminates unless either of the following is the case:
(A) The program, following the general assembly's enactment of law authorizing the program's statewide implementation, is implemented statewide;
(B) The facility no longer meets the requirements for certification as an intermediate care facility for the mentally retarded.
Sec. 5111.8812. (A) Subject to division (B) of this section and beginning not later than two and one-half years after the date the ICF/MR conversion pilot program terminates, the department of mental retardation and developmental disabilities shall be responsible for a portion of the nonfederal share of medicaid expenditures for ICF/MR services provided by an intermediate care facility for the mentally retarded that reconverts to providing ICF/MR services under section 5111.8811 of the Revised Code. The portion for which the department shall be responsible shall be the portion that the department and department of job and family services specify in an agreement.
(B) The department of mental retardation and developmental disabilities shall not be responsible for any portion of the nonfederal share of medicaid expenditures for ICF/MR services incurred for any beds of an intermediate care facility for the mentally retarded that are in excess of the number of beds the facility had while participating in the ICF/MR conversion pilot program.
Sec. 5111.89. (A) As used in sections 5111.89 to 5111.893 of the Revised Code:
"Assisted living program" means the medicaid waiver component for which the director of job and family services is authorized by this section to request a medicaid waiver.
"Assisted living services" means the following home and community-based services: personal care, homemaker, chore, attendant care, companion, medication oversight, and therapeutic social and recreational programming.
"County or district home" means a county or district home operated under Chapter 5155. of the Revised Code.
"Medicaid waiver component" has the same meaning as in section 5111.85 of the Revised Code.
"Nursing facility" has the same meaning as in section 5111.20 of the Revised Code.
"Residential care facility" has the same meaning as in section 3721.01 of the Revised Code.
(B) The director of job and family services may submit a request to the United States secretary of health and human services under 42 U.S.C. 1396n to obtain a waiver of federal medicaid requirements that would otherwise be violated in the creation and implementation of a program under which assisted living services are provided to not more than one thousand eight hundred individuals who meet the program's eligibility requirements established under section 5111.891 of the Revised Code.
If the secretary approves the medicaid waiver requested under this section and the director of budget and management approves the contract, the department of job and family services shall enter into a contract with the department of aging under section 5111.91 of the Revised Code that provides for the department of aging to administer the assisted living program. The contract shall include an estimate of the program's costs.
The director of job and family services may adopt rules under section 5111.85 of the Revised Code regarding the assisted living program. The director of aging may adopt rules under Chapter 119. of the Revised Code regarding the program that the rules adopted by the director of job and family services authorize the director of aging to adopt.
Sec. 5111.891. To be eligible for the assisted living program, an individual must meet all of the following requirements:
(A) Need an intermediate level of care as determined under rule 5101:3-3-06 of the Administrative Code;
(B) At the time the individual applies for the assisted living program, be one of the following:
(1) A nursing facility resident who is seeking to move to a residential care facility and would remain in a nursing facility for long term care if not for the assisted living program;
(2) A participant of any of the following medicaid waiver components who would move to a nursing facility if not for the assisted living program:
(a) The PASSPORT program created under section 173.40 of the Revised Code;
(b) The medicaid waiver component called the choices program that the department of aging administers;
(c) A medicaid waiver component that the department of job and family services administers.
(C) At the time the individual receives assisted living services under the assisted living program, reside in a residential care facility, including both of the following:
(1) A residential care facility that is owned or operated by a metropolitan housing authority that has a contract with the United States department of housing and urban development to receive an operating subsidy or rental assistance for the residents of the facility;
(2) A county or district home licensed as a residential care facility.
(D) Meet all other eligibility requirements for the assisted living program established in rules adopted under section 5111.85 of the Revised Code.
Sec. 5111.892. A residential care facility providing services covered by the assisted living program to an individual enrolled in the program shall have staff on-site twenty-four hours each day who are able to do all of the following:
(A) Meet the scheduled and unpredicted needs of the individuals enrolled in the assisted living program in a manner that promotes the individuals' dignity and independence;
(B) Provide supervision services for those individuals;
(C) Help keep the individuals safe and secure.
Sec. 5111.893. If the United States secretary of health and human services approves a medicaid waiver authorizing the assisted living program, the director of aging shall contract with a person or government entity to evaluate the program's cost effectiveness. The director shall provide the results of the evaluation to the governor, president and minority leader of the senate, and speaker and minority leader of the house of representatives not later than June 30, 2007.
Sec. 5111.914. (A) As used in this section, "provider" has the same meaning as in section 5111.06 of the Revised Code.
(B) If a state agency that enters into a contract with the department of job and family services under section 5111.91 of the Revised Code identifies that a medicaid overpayment has been made to a provider, the state agency may commence actions to recover the overpayment on behalf of the department.
(C) In recovering an overpayment pursuant to this section, a state agency shall comply with the following procedures:
(1) The state agency shall attempt to recover the overpayment by notifying the provider of the overpayment and requesting voluntary repayment. Not later than five business days after notifying the provider, the state agency shall notify the department in writing of the overpayment. The state agency may negotiate a settlement of the overpayment and notify the department of the settlement. A settlement negotiated by the state agency is not valid and shall not be implemented until the department has given its written approval of the settlement.
(2) If the state agency is unable to obtain voluntary repayment of an overpayment, the agency shall give the provider notice of an opportunity for a hearing in accordance with Chapter 119. of the Revised Code. If the provider timely requests a hearing in accordance with section 119.07 of the Revised Code, the state agency shall conduct the hearing to determine the legal and factual validity of the overpayment. On completion of the hearing, the state agency shall submit its hearing officer's report and recommendation and the complete record of proceedings, including all transcripts, to the director of job and family services for final adjudication. The director may issue a final adjudication order in accordance with Chapter 119. of the Revised Code. The state agency shall pay any attorney's fees imposed under section 119.092 of the Revised Code. The department of job and family services shall pay any attorney's fees imposed under section 2335.39 of the Revised Code.
(D) In any action taken by a state agency under this section that requires the agency to give notice of an opportunity for a hearing in accordance with Chapter 119. of the Revised Code, if the agency gives notice of the opportunity for a hearing but the provider subject to the notice does not request a hearing or timely request a hearing in accordance with section 119.07 of the Revised Code, the agency is not required to hold a hearing. The agency may request that the director of job and family services issue a final adjudication order in accordance with Chapter 119. of the Revised Code.
(E) This section does not preclude the department of job and family services from adjudicating a final fiscal audit under section 5111.06 of the Revised Code, recovering overpayments under section 5111.061 of the Revised Code, or making findings or taking other actions authorized by this chapter.
Sec. 5111.915. (A) The department of job and family services shall enter into an agreement with the department of administrative services for the department of administrative services to contract through competitive selection pursuant to section 125.07 of the Revised Code with a vendor to perform an assessment of the data collection and data warehouse functions of the medicaid data warehouse system, including the ability to link the data sets of all agencies serving medicaid recipients.
The assessment of the data system shall include functions related to fraud and abuse detection, program management and budgeting, and performance measurement capabilities of all agencies serving medicaid recipients, including the departments of aging, alcohol and drug addiction services, health, job and family services, mental health, and mental retardation and developmental disabilities.
The department of administrative services shall enter into this contract within thirty days after the effective date of this section. The contract shall require the vendor to complete the assessment within ninety days after the effective date of this section.
A qualified vendor with whom the department of administrative services contracts to assess the data system shall also assist the medicaid agencies in the definition of the requirements for an enhanced data system or a new data system and assist the department of administrative services in the preparation of a request for proposal to enhance or develop a data system.
(B) Based on the assessment performed pursuant to division (A) of this section, the department of administrative services shall seek a qualified vendor through competitive selection pursuant to section 125.07 of the Revised Code to develop or enhance a data collection and data warehouse system for the department of job and family services and all agencies serving medicaid recipients.
Within ninety days after the effective date of this section, the department of job and family services shall seek enhanced federal funding for ninety per cent of the funds required to establish or enhance the data system. The department of administrative services shall not award a contract for establishing or enhancing the data system until the department of job and family services receives approval from the secretary of the United States department of health and human services for the ninety per cent federal match.
Sec. 5111.88 5111.97. (A) As used in this section and in section 5111.971 of the Revised Code,
"nursing facility" has the same
meaning as in section 5111.20 of the Revised Code.
(B) To the extent funds are available, the director of job and family services may establish the
Ohio access success project to help medicaid recipients make the
transition from residing in a nursing facility to residing in a
community setting. The program may be established as a separate non-medicaid program or integrated into a new or existing program of medicaid-funded home and community-based services authorized by a waiver approved by the United States department of health and human services. The department The director shall permit any recipient of medicaid-funded nursing facility services to apply for participation in the program, but may limit the number of program participants.If an application is received before the applicant has been a recipient of medicaid-funded nursing facility services for six months, the director shall ensure that an assessment is conducted as soon as practicable to determine whether the applicant is eligible for participation in the program. To the maximum extent possible, the assessment and eligibility determination shall be completed not later than the date that occurs six months after the applicant became a recipient of medicaid-funded nursing facility services.
(C) To
be eligible for benefits under the project, a medicaid
recipient
must satisfy all of the following requirements:
(1) Be a recipient
of medicaid-funded nursing facility services, at the time of applying for the benefits;
(2) Have resided continuously in a nursing facility for not less than eighteen months prior to applying to participate in the project;
(3) Need the level of care provided by nursing facilities;
(4) (3) For participation in a non-medicaid program, receive services to remain in the community with a projected cost not exceeding
eighty per cent of the average monthly medicaid cost of a
medicaid recipient in a nursing facility;
(5) (4) For participation in a program established as part of a medicaid-funded home and community-based services waiver program, meet waiver enrollment criteria.
(C) (D) If the director establishes
the Ohio access success project, the benefits provided under the
project
may include payment of all of the following:
(1) The first month's rent in a community setting;
(5) Other expenses not covered by the medicaid program that
facilitate a medicaid recipient's move from a nursing facility to
a community setting.
(D) (E) If the project is established as a non-medicaid program, no participant may receive more than two thousand dollars
worth of benefits under the project.
(E) (F) The director may submit a request to the United States secretary of health and human services pursuant to section 1915 of the "Social Security Act," 79 Stat. 286 (1965), 42 U.S.C. 1396n, as amended, to create a medicaid home and community-based services waiver program to serve individuals who meet the criteria for participation in the Ohio access success project. The director may adopt rules under Chapter 119. of the Revised Code for the administration and operation of the program.
Sec. 5111.971. (A) As used in this section, "long-term medicaid waiver component" means any of the following:
(1) The PASSPORT program created under section 173.40 of the Revised Code;
(2) The medicaid waiver component called the choices program that the department of aging administers;
(3) A medicaid waiver component that the department of job and family services administers.
(B) The director of job and family services shall submit a request to the United States secretary of health and human services for a waiver of federal medicaid requirements that would be otherwise violated in the creation of a pilot program under which not more than two hundred individuals who meet the pilot program's eligibility requirements specified in division (D) of this section receive a spending authorization to pay for the cost of medically necessary health care services that the pilot program covers. The spending authorization shall be in an amount not exceeding seventy per cent of the average cost under the medicaid program for providing nursing facility services to an individual. An individual participating in the pilot program shall also receive necessary support services, including fiscal intermediary and other case management services, that the pilot program covers.
(C) If the United States secretary of health and human services approves the waiver submitted under division (B) of this section, the department of job and family services shall enter into a contract with the department of aging under section 5111.91 of the Revised Code that provides for the department of aging to administer the pilot program that the waiver authorizes.
(D) To be eligible to participate in the pilot program created under division (B) of this section, an individual must meet all of the following requirements:
(1) Need an intermediate level of care as determined under rule 5101:3-3-06 of the Administrative Code;
(2) At the time the individual applies to participate in the pilot program, be one of the following:
(a) A nursing facility resident who is seeking to move to a residential care facility or county or district home and who would remain in a nursing facility if not for the pilot program;
(b) A participant of any long-term medicaid waiver component who would move to a nursing facility if not for the pilot program.
(3) Meet all other eligibility requirements for the pilot program established in rules adopted under section 5111.85 of the Revised Code.
(E) The director of job and family services may adopt rules under section 5111.85 of the Revised Code as the director considers necessary to implement the pilot program created under division (B) of this section. The director of aging may adopt rules under Chapter 119. of the Revised Code as the director considers necessary for the pilot program's implementation. The rules may establish a list of medicaid-covered services not covered by the pilot program that an individual participating in the pilot program may not receive if the individual also receives medicaid-covered services outside of the pilot program.
Sec. 5111.98. (A) The director of job and family services may do all of the following as necessary for the department of job and family services to fulfill the duties it has, as the single state agency for the medicaid program, under the "Medicare Prescription Drug, Improvement, and Modernization Act of 2003" Pub. L. No. 108-173, 117 Stat. 2066:
(2) Assign duties to county departments of job and family services;
(3) Make payments to the United States department of health and human services from appropriations made to the department of job and family services for this purpose.
(B) Rules adopted under division (A)(1) of this section shall be adopted as follows:
(1) If the rules concern the department's duties regarding service providers, in accordance with Chapter 119. of the Revised Code;
(2) If the rules concern the department's duties concerning individuals' eligibility for services, in accordance with section 111.15 of the Revised Code;
(3) If the rules concern the department's duties concerning financial and operational matters between the department and county departments of job and family services, in accordance with section 111.15 of the Revised Code as if the rules were internal management rules.
Sec. 5111.99. (A) Whoever violates division (B) of section
5111.26 or
division (D)(E) of section 5111.31 of the Revised Code shall be
fined not less
than five hundred dollars nor more than one thousand dollars for
the first
offense and not less than one thousand dollars nor more than five
thousand
dollars for each subsequent offense. Fines paid under this
section shall be
deposited in the state treasury to the credit of the general
revenue fund.
(B) Whoever violates division (D) of section 5111.61 of the
Revised Code is
guilty of registering a false complaint, a misdemeanor of the first degree.
Sec. 5112.03. (A) The director of job and family
services
shall
adopt, and may amend and rescind, rules in accordance with
Chapter 119. of the Revised Code for the purpose of administering
sections 5112.01 to 5112.21 of the Revised Code, including rules
that do all of the following:
(1) Define as a
"disproportionate share hospital" any
hospital included under subsection (b) of section 1923 of the
"Social Security Act," 49 Stat. 620
(1935), 42 U.S.C.A.
1396r-4(b), as
amended, and any other hospital the director
determines appropriate;
(2) Prescribe the form for submission of cost reports
under
section 5112.04 of the Revised Code;
(3) Establish, in accordance with division (A) of section
5112.06 of the Revised Code, the assessment rate or rates
to
be
applied to hospitals under that section;
(4) Establish schedules for hospitals to pay installments
on
their assessments under section 5112.06 of the Revised Code
and
for governmental hospitals to pay installments on their
intergovernmental transfers under section 5112.07 of the Revised
Code;
(5) Establish procedures to notify hospitals of
adjustments
made under division (B)(2)(b) of section
5112.06 of the Revised
Code in the amount of installments on their
assessment;
(6) Establish procedures to notify hospitals of
adjustments
made under division (D) of section 5112.09 of the Revised Code
in
the total amount of their assessment and to
adjust for the
remainder of the program year the amount of the
installments on
the assessments;
(7) Establish, in accordance with section 5112.08 of the
Revised Code,
the methodology for paying hospitals under that
section.
The director shall consult with hospitals when adopting the
rules required by divisions (A)(4) and (5) of this section in
order to minimize hospitals' cash flow difficulties.
(B) Rules adopted under this section may provide that
"total
facility
costs" excludes costs associated with any of the
following:
(1) Recipients of the medical assistance program;
(2) Recipients of financial assistance provided under Chapter 5115. of the Revised Code;
(3) Recipients of medical
assistance provided
under Chapter 5115. of the Revised Code;
(4) Recipients of the program for medically handicapped
children
established under section 3701.023 of the Revised Code;
(5)(4) Recipients of the medicare program established under
Title XVIII of
the
"Social Security Act," 49 Stat. 620
(1935), 42
U.S.C.A. 301,
as amended:
(6)(5) Recipients of Title V of the
"Social
Security Act";
(7)(6) Any other category of costs deemed appropriate by the
director in
accordance with Title XIX of the
"Social
Security Act"
and the rules adopted
under that title.
Sec. 5112.08. The director of job and family services
shall
adopt
rules under section 5112.03 of the Revised Code establishing
a
methodology to pay hospitals that is sufficient to expend all
money in the indigent care pool. Under the rules:
(A) The department of job and family services may
classify
similar hospitals into groups and allocate funds for distribution
within each group.
(B) The department shall establish a method of allocating
funds to hospitals, taking into consideration the
relative amount
of indigent care provided by each hospital or group
of hospitals.
The
amount to be allocated shall be based on any
combination of
the following indicators of indigent care that the
director
considers appropriate:
(1) Total costs, volume, or proportion of services to
recipients of the medical assistance program, including
recipients
enrolled in health insuring
corporations;
(2) Total costs, volume, or proportion of services to
low-income patients in addition to recipients of the medical
assistance program, which may include recipients of Title V
of
the
"Social Security Act," 49 Stat. 620
(1935), 42 U.S.C.A. 301,
as
amended,
and recipients of disability financial or medical assistance provided under
Chapter 5115.
of the Revised Code, and recipients of disability medical assistance formerly provided under Chapter 5115. of the Revised Code;
(3) The amount of uncompensated care provided by the
hospital or group
of hospitals;
(4) Other factors that the director considers to be
appropriate indicators of indigent care.
(C) The department shall distribute funds to
each hospital
or group of hospitals in a manner that first may
provide for an
additional
distribution to individual hospitals that provide a
high
proportion of
indigent care in relation to the total care
provided by the
hospital or in relation to other hospitals. The
department shall
establish a formula to distribute the remainder
of the
funds. The
formula shall be consistent with section 1923
of the
"Social
Security Act," 42
U.S.C.A. 1396r-4, as
amended,
shall be
based on any combination of the indicators of indigent
care
listed in division (B) of this section that the
director
considers appropriate.
(D) The department shall distribute funds to each
hospital
in
installments not later than ten working days after the deadline
established in rules for each hospital to pay an installment on
its assessment under section 5112.06 of the Revised Code. In the
case of a governmental hospital that makes intergovernmental
transfers, the department shall pay an installment under this
section not later than ten working days after the earlier of that
deadline or the deadline established in rules for the
governmental
hospital to pay an installment on its
intergovernmental transfer.
If the amount in the hospital care
assurance program fund and the
hospital care assurance match fund
created under section 5112.18
of the Revised Code is insufficient
to make the total
distributions for which hospitals are
eligible to
receive in any
period, the department shall reduce the amount of
each
distribution by the percentage by which the amount is
insufficient. The department shall distribute to hospitals
any
amounts not
distributed in the period in which they are due as
soon as
moneys are available in the funds.
Sec. 5112.17. (A) As used in this section:
(1) "Federal poverty guideline" means the official poverty
guideline as revised annually by the United States secretary of
health and human services in accordance with section 673 of the
"Community Service Block Grant Act," 95 Stat. 511 (1981), 42
U.S.C.A. 9902, as amended, for a family size equal to the size of
the family of the person whose income is being determined.
(2) "Third-party payer" means any private or public entity
or program that may be liable by law or contract to make payment
to or on behalf of an individual for health care services.
"Third-party payer" does not include a hospital.
(B) Each hospital that receives funds distributed
under sections 5112.01 to 5112.21 of
the Revised Code shall provide, without charge to the individual, basic,
medically necessary hospital-level services to individuals who
are residents of this state, are not recipients of the medical
assistance program, and whose income is at or
below the federal
poverty guideline.
Recipients of disability financial
assistance and recipients of disability medical assistance provided under Chapter 5115. of the Revised Code qualify for
services under this section. The director of
job and family services
shall adopt rules under section 5112.03 of the Revised Code
specifying the hospital services to be provided under this
section.
(C) Nothing in this section shall
be construed to prevent a hospital from requiring an individual to apply for
eligibility under the medical assistance program before the hospital processes
an application under this section. Hospitals may bill any
third-party
payer for services
rendered under this section. Hospitals may bill the medical
assistance program, in accordance with Chapter 5111. of the
Revised Code and the rules adopted under that chapter, for
services rendered under this section if the individual becomes a
recipient of the program. Hospitals may bill individuals for
services under this section if all of the following apply:
(1) The hospital has an established post-billing procedure
for determining the individual's income and canceling the charges
if the individual is found to qualify for services under this
section.
(2) The initial bill, and at least the first follow-up
bill, is accompanied by a written statement that does all of the
following:
(a) Explains that individuals with income at or below the
federal poverty guideline are eligible for services without
charge;
(b) Specifies the federal poverty guideline for
individuals and families of various sizes at the time the bill is
sent;
(c) Describes the procedure required by division (C)(1) of
this section.
(3) The hospital complies with any additional rules the
department adopts under section 5112.03 of the Revised Code.
Notwithstanding division (B) of this section, a hospital
providing care to an individual under this section is subrogated
to the rights of any individual to receive compensation or
benefits from any person or governmental entity for the hospital
goods and services rendered.
(D) Each hospital shall collect and report to the
department, in the form and manner prescribed by the department,
information on the number and identity of patients served
pursuant to this section.
(E) This section applies beginning May 22, 1992,
regardless of whether the department has adopted rules specifying
the services to be provided. Nothing in this section alters the
scope or limits the obligation of any governmental entity or
program, including the program awarding reparations to victims of
crime under sections 2743.51 to 2743.72 of the Revised Code and
the
program for medically handicapped children established under
section 3701.023 of the Revised Code, to pay for hospital services in
accordance with state or local law.
Sec. 5112.30. As used in sections 5112.30 to 5112.39 of the
Revised Code,
"intermediate:
(A) "Intermediate care facility for the mentally retarded" has the
same meaning as
in section 5111.20 of the Revised Code, except that it does not
include any
such facility operated by the department of mental retardation
and
developmental disabilities.
(B) "Medicaid" has the same meaning as in section 5111.01 of the Revised Code.
Sec. 5112.31. The department of job and family services shall do all of the following:
(A) For the purpose of providing home and community-based
services for mentally retarded and developmentally disabled
persons, annually assess each intermediate care facility for the
mentally retarded a franchise permit fee equal to nine dollars
and sixty-three cents multiplied by the product of the following:
(1) The number of beds certified under Title XIX of the
"Social Security Act" on the first day of May of the calendar
year in which the assessment is determined pursuant to division
(A) of section 5112.33 of the Revised Code;
(2) The number of days in the fiscal year beginning on the
first day of July of the same calendar year.
(B) Beginning July 1, 2005 2007, and the first day of
each July thereafter, adjust fees determined under division (A) of this
section in accordance with the composite inflation factor established in rules
adopted under section 5112.39 of the Revised Code.
(C) If the United States secretary of health and human services
determines that the franchise permit fee established by sections 5112.30 to
5112.39 of the Revised Code would be an
impermissible health care-related tax under section 1903(w) of the "Social
Security Act," 42 U.S.C.A. 1396b(w), as amended, the
department shall take all necessary actions to
cease implementation of those sections in accordance with rules adopted under
section 5112.39 of the Revised Code.
Sec. 5112.341. (A) In addition to assessing a penalty pursuant to section 5112.34 of the Revised Code, the department of job and family services may do either of the following if an intermediate care facility for the mentally retarded fails to pay the full amount of a franchise permit fee installment when due:
(1) Withhold an amount equal to the installment and penalty assessed under section 5112.34 of the Revised Code from a medicaid payment due the facility until the facility pays the installment and penalty;
(2) Terminate the facility's medicaid provider agreement.
(B) The department may withhold a medicaid payment under division (A)(1) of this section without providing notice to the intermediate care facility for the mentally retarded and without conducting an adjudication under Chapter 119. of the Revised Code.
Sec. 5115.20. (A) The department of job and
family services shall establish
a disability advocacy program and each county department of
job and family services
shall establish a disability advocacy program unit or
join with other county departments of job and family
services to establish
a joint county disability advocacy program unit. Through the
program the department and county departments shall
cooperate in
efforts to assist applicants for and recipients of assistance under the disability financial assistance program and the disability medical assistance program, who might be eligible
for supplemental security income benefits under Title XVI of the
"Social Security Act," 86 Stat. 1475 (1972), 42 U.S.C.A. 1383, as
amended, in applying for those benefits.
As part of their disability advocacy programs, the state department
and county departments may enter into contracts for the services of persons and
government entities that in the judgment of the
department or county
department have demonstrated expertise in representing persons
seeking supplemental security income benefits. Each contract
shall require the person or entity with which a department
contracts to assess each person referred to it by the department
to determine whether the person appears to be eligible for
supplemental security income benefits, and, if the person appears
to be eligible, assist the person in applying and represent
the person in any proceeding of the social security
administration, including any appeal or reconsideration of a denial of
benefits. The department or
county department shall provide to the person or entity with
which it contracts all records in its possession relevant to the
application for supplemental security income
benefits. The department shall require a county department
with relevant records to submit them to the person or entity.
(B) Each applicant for or recipient of disability financial assistance or disability medical assistance who, in
the judgment of the department or a county department might
be eligible for supplemental security benefits, shall, as a
condition of eligibility for assistance, apply for such benefits
if directed to do so by the department or county
department.
(C) With regard to applicants for and recipients of disability financial assistance or disability medical assistance, each county department of job and family services
shall do all of the following:
(1) Identify applicants and recipients
who might be eligible for supplemental security income benefits;
(2) Assist applicants and recipients in
securing documentation of disabling conditions or refer them for
such assistance to a person or government entity with which the
department or county department has contracted under
division (A) of this section;
(3) Inform applicants and recipients of
available sources of representation, which may include a person
or government entity with which the department or county
department has contracted under division (A) of this section, and
of their right to represent themselves in reconsiderations and
appeals of social security administration decisions that deny
them supplemental security income benefits. The county
department may require the applicants and recipients, as a
condition of eligibility for assistance, to pursue
reconsiderations and appeals of social security administration
decisions that deny them supplemental security income benefits,
and shall assist applicants and recipients as necessary to obtain
such benefits or refer them to a person or government entity with
which the department or county department has contracted
under division (A) of this section.
(4) Require applicants and recipients
who, in the judgment of the county department, are or may be
aged, blind, or disabled, to apply for medical assistance
under Chapter 5111. of the Revised Code, make determinations when appropriate
as to eligibility for medical assistance, and refer their applications when
necessary to the disability determination unit established in accordance with
division (F) of this section for expedited review;
(5) Require each applicant and recipient who in the judgment of the
department or
the
county department might be eligible for supplemental security
income benefits, as a condition of eligibility for disability financial assistance or disability medical assistance, to
execute a written authorization for the secretary of health and human services
to withhold benefits due that individual and pay
to the director of job and family services or the
director's designee an
amount sufficient to reimburse the state and county shares of
interim assistance furnished to the individual. For the purposes
of division (C)(5) of this section, "benefits" and "interim assistance" have
the meanings given in Title XVI
of the "Social Security Act."
(D) The director of job and family services
shall adopt rules in accordance with section 111.15 of
the Revised Code for the effective administration of the disability advocacy
program. The rules shall include all of the following:
(1) Methods to be used in collecting information from and
disseminating it to county departments, including the following:
(a) The number of individuals in the county who are disabled recipients of disability financial assistance or disability medical assistance;
(b) The final decision made either by the social security
administration or by a court for each application or
reconsideration in which an individual was assisted pursuant to
this section.
(2) The type and process of training to be provided by the
department of job and family services to the employees of
the county department of job and family services who
perform duties under this
section;
(3) Requirements for the written authorization required by
division (C)(5) of this section.
(E) The department shall provide basic and continuing training
to
employees of
the county department of job and family services who
perform duties under
this section. Training shall include but not be limited to all
processes necessary to obtain federal disability benefits, and
methods of advocacy.
(F) The department shall establish a disability
determination unit and develop guidelines for expediting reviews
of applications for medical assistance under Chapter 5111. of the Revised Code
for persons who have been referred to the unit under division (C)(4) of this
section. The department shall make determinations of eligibility for medical
assistance for any such person within the time prescribed by federal
regulations.
(G) The department may, under rules the director of
job and family services adopts in
accordance with section 111.15 of the Revised Code, pay a portion
of the federal reimbursement described in division (C)(5) of this
section to persons or government entities that assist or represent
assistance recipients in reconsiderations and appeals of social
security administration decisions denying them supplemental
security income benefits.
(H) The director shall conduct investigations to determine whether disability advocacy programs are being administered in compliance with the Revised Code and the rules adopted by the director pursuant to this section.
Sec. 5115.22. (A) If a recipient of disability financial assistance or disability medical assistance, or an individual whose income and resources are included in determining the recipient's eligibility for the assistance, becomes
possessed of resources or income in excess of the amount allowed
to retain eligibility,
or if other changes occur that affect the recipient's eligibility or
need for assistance, the recipient shall notify the
state or county department of job and family services
within the time
limits specified in rules adopted by the director of job and family services in accordance with section 111.15 of the Revised Code. Failure of a recipient to report
possession of excess resources or income or a change affecting
eligibility or need within those time limits shall be considered
prima-facie evidence of intent to defraud under section 5115.23
of the Revised Code.
(B) As a condition of eligibility for disability financial assistance or disability medical assistance, and as a means of preventing or reducing the provision of assistance at public expense, each applicant for or recipient of the assistance
shall make reasonable efforts to secure support from persons
responsible for the applicant's or recipient's support, and
from other sources, including any federal program designed to provide assistance to individuals with disabilities. The
state or county department of job and family services may
provide assistance to the applicant or recipient in securing
other forms of financial assistance.
Sec. 5115.23. As used in this section, "erroneous
payments" means disability financial assistance payments or
disability medical assistance payments made to
persons who are not entitled to receive them, including payments
made as a result of misrepresentation or fraud, and payments made
due to an error by the recipient or by the county department of
job and family services that made the payment.
The department of job and family services shall adopt rules in accordance with section 111.15 of the Revised Code specifying the circumstances under which action is to be taken under this section to recover erroneous payments. The department, or
a county department of job and family services at the
request of the
department, shall take action to recover erroneous payments in the circumstances specified in the rules. The
department or county department may institute a civil
action to recover erroneous payments.
Whenever disability financial assistance or disability medical assistance has been furnished to a
recipient for whose support another person is responsible, the
other person shall, in addition to the liability otherwise
imposed, as a consequence of failure to support the recipient, be
liable for all assistance furnished the recipient.
The value of the assistance so furnished may be recovered in a
civil action brought by the county department of job and
family services.
Each county department of job and family services shall
retain fifty
per cent of the erroneous payments it recovers under this
section. The department of job and family
services shall receive
the remaining fifty per cent.
Sec. 5119.61. Any provision in this chapter that refers to
a
board of alcohol, drug addiction, and mental health services
also
refers to the community mental health board in an alcohol,
drug
addiction, and mental health service district that has a
community
mental health board.
The director of mental health with respect to all
facilities
and programs established and operated under Chapter
340. of the
Revised Code for mentally ill and emotionally
disturbed persons,
shall do all of the following:
(A) Adopt rules pursuant to Chapter 119. of the
Revised Code
that may be necessary to carry out the purposes of
Chapter 340.
and sections 5119.61 to 5119.63 of the Revised
Code.
(1) The rules shall include all of the following:
(a) Rules governing a community mental health agency's
services
under section 340.091 of the Revised Code to an
individual referred to the agency under division (C)(2) of section
173.35 of the Revised Code;
(b) For the purpose of division (A)(16) of section
340.03
of
the Revised Code, rules
governing the duties of mental
health
agencies and boards of alcohol, drug addiction, and mental
health
services under section 3722.18
of the
Revised Code
regarding
referrals of individuals with mental
illness or severe
mental
disability to adult care facilities and effective
arrangements for
ongoing mental health services for the
individuals. The
rules
shall do at least the following:
(i) Provide for agencies and boards to participate fully in
the
procedures owners and managers of adult care facilities must
follow under
division (A)(2) of section 3722.18 of the Revised
Code;
(ii) Specify the manner in which boards are accountable for
ensuring that ongoing mental health services are effectively
arranged for
individuals with mental illness or severe mental
disability who are referred
by the board or mental health agency
under contract with the board to an adult
care facility.
(c) Rules governing a board of alcohol, drug addiction, and
mental health services when making a report to the director of
health under
section 3722.17 of the
Revised Code regarding the
quality of care and services
provided by an adult care facility to
a person with mental illness or a
severe mental disability.
(2) Rules may be adopted to govern the method of paying a
community
mental health facility, as defined in
section 5111.022 5111.023
of the Revised Code, for providing services
listed in division (B) of that
section. Such rules must be
consistent with the contract entered into
between the departments
of
job and family services and mental health under section 5111.91 of the Revised Code
and include requirements ensuring appropriate
service utilization.
(B) Review and evaluate, and, taking into account the
findings
and recommendations of the board of alcohol, drug
addiction, and
mental health services of the district served by
the program and
the requirements and priorities of the state
mental health plan,
including the needs of residents of the
district now residing in
state mental institutions, approve and
allocate funds to support
community programs, and make
recommendations for needed
improvements to boards of alcohol,
drug
addiction, and mental
health services;
(C) Withhold state and federal funds for any program, in
whole or in part, from a board of alcohol, drug addiction, and
mental health services in the event of failure of that program to
comply with Chapter 340. or section 5119.61, 5119.611, 5119.612,
or 5119.62 of the
Revised Code or rules of the department of
mental health. The
director shall identify the areas of
noncompliance and the action
necessary to achieve compliance. The
director shall offer
technical assistance to the board to achieve
compliance. The
director shall give the board a reasonable time
within which to
comply or to present its position that it is in
compliance.
Before withholding funds, a hearing shall be conducted
to
determine if there are continuing violations and that either
assistance is rejected or the board is unable to achieve
compliance. Subsequent to the hearing process, if it is
determined that compliance has not been achieved, the director
may
allocate all or part of the withheld funds to a public or
private
agency to provide the services not in compliance until
the time
that there is compliance. The director shall establish
rules
pursuant to Chapter 119. of the Revised Code to implement
this
division.
(D) Withhold state or federal funds from a board of
alcohol,
drug addiction, and mental health services that denies
available
service on the basis of religion, race, color, creed,
sex,
national origin, age, disability as defined in section
4112.01 of
the
Revised Code, developmental disability, or the
inability to
pay;
(E) Provide consultative services to community mental
health
agencies with the knowledge and cooperation of the
board
of
alcohol, drug addiction, and mental health services;
(F) Provide to boards of alcohol, drug addiction, and
mental
health services state or federal funds, in addition to
those
allocated under section 5119.62 of the Revised Code, for
special
programs or projects the director considers necessary
but
for
which local funds are not available;
(G) Establish criteria by which a board of alcohol, drug
addiction, and mental health services reviews and evaluates the
quality, effectiveness, and efficiency of services provided
through its community mental health plan.
The criteria shall
include requirements ensuring appropriate service utilization. The
department shall
assess a board's evaluation of services and the
compliance of
each board with this section, Chapter 340. or
section 5119.62 of
the Revised Code, and other state or federal
law and regulations.
The department, in cooperation with the
board, periodically shall
review and evaluate the quality,
effectiveness, and efficiency of
services provided through each
board. The department shall
collect information that is necessary
to perform these
functions.
(H) Develop and operate a community mental health
information system.
Boards of alcohol, drug abuse, and mental health services
shall submit information requested by the department in the form
and manner prescribed by the department. Information collected
by
the department shall include, but not be limited to, all of the
following:
(1) Information regarding units of services provided in
whole or in part under contract with a board, including diagnosis
and special needs, demographic information, the number of units
of
service provided, past treatment, financial status, and
service
dates in accordance with rules adopted by the department
in
accordance with Chapter 119. of the Revised Code;
(2) Financial information other than price or
price-related
data regarding expenditures of boards and community
mental health
agencies, including units of service provided,
budgeted and actual
expenses by type, and sources of funds.
Boards shall submit the information specified in division
(H)(1) of this section no less frequently than annually for
each
client, and each time the client's case is opened or closed.
The
department shall not collect any information for the purpose
of
identifying by name any person who receives a service through a
board of alcohol, drug addiction, and mental health services,
except as required by state or federal law to validate
appropriate
reimbursement. For the purposes of division
(H)(1)
of this
section, the department shall use an identification
system that is
consistent with applicable nationally recognized
standards.
(I) Review each board's
community mental health plan
submitted pursuant to section
340.03 of the Revised Code and
approve or disapprove it in whole
or in part. Periodically, in
consultation with representatives
of boards and after considering
the recommendations of the
medical director, the director shall
issue criteria for
determining when a plan is complete, criteria
for plan approval
or disapproval, and provisions for conditional
approval. The
factors that the director considers may include,
but are not
limited to, the following:
(1) The mental health needs of all persons residing within
the board's service district, especially severely mentally
disabled children, adolescents, and adults;
(2) The demonstrated quality, effectiveness, efficiency,
and
cultural relevance of the services provided in each service
district, the extent to which any services are duplicative of
other available services, and whether the services meet the needs
identified above;
(3) The adequacy of the board's accounting for the
expenditure of funds.
If the director disapproves all or part of any plan, the
director shall provide the board an opportunity to present its
position.
The director shall inform the board of the reasons for
the
disapproval and of the criteria that must be met before the
plan
may be approved. The director shall give the board a
reasonable
time within which to meet the criteria, and shall offer
technical
assistance to the board to help it meet the criteria.
If the approval of a plan remains in dispute thirty days
prior to the conclusion of the fiscal year in which the board's
current plan is scheduled to expire, the board or the director
may
request that the dispute be submitted to a mutually agreed
upon
third-party mediator with the cost to be shared by the board
and
the department. The mediator shall issue to the board and
the
department recommendations for resolution of the dispute.
Prior to
the conclusion of the fiscal year in which the current
plan is
scheduled to expire, the director, taking into
consideration the
recommendations of the mediator, shall make a
final determination
and approve or disapprove the plan, in whole
or in part.
Sec. 5120.09. Under the supervision and control of the
director of rehabilitation and correction, the division of
business administration shall do all of the following:
(A) Submit the budgets for the several divisions of the department of
rehabilitation and correction, as prepared by the respective chiefs
of those divisions, to the director. The director, with
the assistance of the chief of the division of business
administration, shall compile a departmental budget that
contains all proposals submitted by the chiefs of the divisions and shall
forward the departmental budget to the governor with comments and
recommendations that the director considers necessary.
(B) Maintain accounts and records and compile
statistics that the director prescribes;
(C) Under the control of the director, coordinate and make
the necessary purchases and requisitions for the department and
its divisions, except as provided under section
5119.16 of the Revised Code;
(D) Administer within this state federal criminal justice acts
that the governor requires the department to administer. In
order to improve the criminal justice system of this state, the
division of business administration shall apply for, allocate,
disburse, and account for grants that are made available
pursuant to those federal criminal justice acts and grants that
are made available from other federal government sources, state
government sources, or private sources. As used in this
division, "criminal justice system" and "federal criminal
justice acts" have the same meanings as in section 181.51 5502.61 of the
Revised Code.
(E) Audit the activities of governmental entities, persons as defined in
section 1.59 of the Revised Code, and other types of nongovernmental entities
that are financed in whole or in part by funds that the department allocates
or disburses and that are derived from grants described in division (D) of
this section;
(F) Enter into contracts, including contracts with federal, state, or local
governmental entities, persons as defined in section 1.59 of the Revised Code,
foundations, and other types of nongovernmental entities, that are necessary
for the department to carry out its duties and that neither the director nor
another
section of the Revised Code authorizes another
division of the department to enter;
(G) Exercise other powers and perform other duties that the director may
assign to the division of business administration.
Sec. 5120.51. (A)(1) If the director of rehabilitation
and
correction determines that a bill introduced in the general
assembly is likely to have a significant impact on the population
of, or the cost of operating, any or all state correctional
institutions under
the administration of the
department of
rehabilitation and correction, the department shall
prepare a
population and cost impact statement for the bill, in
accordance
with division (A)(2) of this section.
(2) A population and cost impact statement required for a
bill
nshall shall estimate the increase or decrease in the
correctional
institution population that likely would result if
the bill
were enacted, shall estimate, in dollars, the amount by
which
revenues or expenditures likely would increase or decrease
if the
bill were enacted, and briefly shall explain each of the
estimates.
A population and cost impact statement required for a bill
initially shall be prepared after the bill is referred to a
committee of the general assembly in the house of origination but
before the meeting of the committee at which the committee is
scheduled to vote on whether to recommend the bill for passage. A
copy of the
statement shall be distributed to each member of
the
committee that is considering the bill and to the member of
the
general assembly who introduced it. If the bill is
recommended
for passage by the committee, the department shall
update the
statement before the bill is taken up for final
consideration by
the house of origination. A copy of the updated
statement shall
be distributed to each member of that house and
to the member of
the general assembly who introduced the bill. If the bill is
passed by the house of origination and is
introduced in the second
house, the provisions of this division
concerning the preparation,
updating, and distribution of the
statement in the house of
origination also apply in the second
house.
(B) The governor or any member of the general assembly, at
any time, may request the department to prepare a population and
cost impact statement for any bill introduced in the general
assembly. Upon receipt of a request, the department promptly
shall prepare a statement that includes the estimates and
explanations described in division (A)(2) of this section and
present a copy of it to the governor or member who made the
request.
(C) In the preparation of a population and cost impact
statement required by division (A) or (B) of this section, the
department shall use a technologically sophisticated system
capable of estimating future state correctional institution
populations. The
system shall have the capability to
adjust its
estimates based on actual and proposed changes in
sentencing laws
and trends, sentence durations, parole rates,
crime rates, and any
other data that affect state correctional institution
populations.
The department, in
conjunction with the advisory committee
appointed under division
(E) of this section, shall review and
update the data used in the
system, not less than once every six
months, to improve the
accuracy of the system.
(D) At least once every six months, the department shall
provide to the correctional institution inspection committee a
copy of the estimates of state correctional institution
populations obtained through use of the system described in
division (C) of this section and a description of the assumptions
regarding sentencing laws and trends, sentence durations, parole
rates, crime rates, and other relevant data that were made by the
department to obtain the estimates. Additionally, a copy of the
estimates and a description of the assumptions made to obtain
them
shall be provided, upon reasonable request, to other
legislative
staff, including the staff of the legislative service
commission
and the legislative budget office of the legislative
service
commission, to the office of budget and management, and
to the
office division of criminal justice services in the department of public safety.
(E) The correctional institution inspection committee
shall
appoint an advisory committee to review the operation of
the
system for estimating future state correctional institution
populations that is used by the department in the preparation of
population cost impact statements pursuant to this section and to
join with the department in its reviews and updating of the data
used in the system under division (C) of this section. The
advisory committee shall be comprised of at least one prosecuting
attorney, at least one common pleas court judge, at least one
public defender, at least one person who is a member or staff
employee of the committee, and at least one representative of the
office division of criminal justice services in the department of public safety.
Sec. 5121.03 5121.01. As used in this chapter sections 5121.01 to 5121.21 of the Revised Code:
(A) Patient means a person receiving care or treatment
in a program or facility that provides services to mentally ill
individuals.
(B) The department means the department of mental health
or the department of mental retardation and developmental
disabilities, whichever provides care or treatment to the
patient.
(C) "Resident" means a person admitted to an institution
or other facility pursuant to Chapter 5123. of the Revised Code
who is under observation or receiving habilitation and care in an
institution for the mentally retarded.
(D) State-operated community mental health services means
community-based services the department of mental health operates for a board
of alcohol, drug addiction, and
mental health services pursuant to a community mental health plan
approved under division (A)(1)(c) of section 340.03
of the Revised Code.
(E)(B) "Applicable cost" means the rate for support applicable to a
patient or resident as specified in this section.
The cost for support of patients in hospitals and residents
in institutions under the jurisdiction of the department of
mental health or the department of mental retardation and
developmental disabilities, and of residents in
private facilities or homes whose care or treatment is being paid
for by the department of mental retardation and
developmental disabilities, shall be based on the average per
capita cost of the care and treatment of such patients or the
residents. The cost of services for mentally ill patients or
mentally retarded residents shall be computed using the projected
average daily per capita cost at the hospital or institution, or
at the discretion of the department under the jurisdiction of
which the hospital or institution is operated, the subunit
thereof in which services are provided. Such costs shall be
computed at least annually for the next prospective period using
generally accepted governmental accounting principles. The cost
of services for mentally retarded residents that are being cared
for and maintained in a private facility or home under the
supervision of the department of mental retardation and
developmental disabilities regional offices and for which a
purchase of services contract is being paid to the private
facility or home by the department shall not be more than the per
diem cost of the contract. The cost of services for a resident
receiving pre-admission care, after-care, day-care, or routine
consultation and treatment services in a community service unit
under the jurisdiction of the department, shall be computed on
the basis of the average cost of such services at the institution
at which they are provided.
The cost for support of a patient receiving state-operated
community mental health services is an amount determined using
guidelines the department of mental health shall issue. The guidelines
shall be based on cost-findings and rate-settings applicable to
such services.
The department shall annually determine the ability to pay of a
patient or resident or the patient's or resident's liable
relatives and the amount that
such person shall pay in accordance with section 5121.04 of the
Revised Code.
Collections of support payments shall be made by the
department of mental health and the department of mental
retardation and developmental disabilities and, subject to
meeting prior requirements for payment and crediting of such
collections and other available receipts, in accordance with the
bond proceedings applicable to obligations issued pursuant to
section 154.20 of the Revised Code, such collections and other
available receipts designated by the director of the department
of mental health and the director of the department of mental
retardation and developmental disabilities for deposit in the
special accounts, together with insurance contract payments
provided for in division (B)(8) of section 5121.04 of the Revised
Code, shall be remitted to the treasurer of state for deposit in
the state treasury to the credit of the mental health operating
fund and the mental retardation operating fund, which are is hereby
created, to be used for the general purposes of the department of
mental health and the department of mental retardation and
developmental disabilities. The department of mental health
shall make refunds of overpayment of support charges from the
mental health operating fund, and the department of mental
retardation and developmental disabilities shall make refunds of
overpayment of support charges from the mental retardation
operating fund.
Sec. 5121.01 5121.02. All patients or residents of individuals admitted to a benevolent state institution, operated by the department of mental retardation and developmental disabilities under section 5123.03 of the Revised Code shall be
maintained at the expense of the state. Their traveling and incidental
expenses
in conveying them to the state institution shall be paid by the county of
commitment.
Upon admission, the patients or residents individuals shall be neatly and comfortably
clothed. Thereafter, the expense of necessary clothing shall be borne by the
responsible relatives or guardian if they are financially able. If not
furnished, the state shall bear the expense. Any required traveling expense
after admission to the state institution shall be borne by the state if the
responsible relatives or guardian are unable to do so.
Sec. 5121.02 5121.03. When any person is committed to an
institution under the jurisdiction of the department of mental
health or the department of mental retardation and developmental
disabilities pursuant to judicial proceedings, the judge ordering
such commitment shall:
(A) Make a reliable report on the financial condition of
such person and of each of the relatives of the person who are
liable for his the person's support, as provided in section
5121.06 of the
Revised Code and rules and procedures agreed upon adopted by the director
of mental health and the director of mental retardation and
developmental disabilities;
(B) Certify to the managing officer of such institution,
and the managing officer shall thereupon enter upon his the managing
officer's records
the name and address of any guardian appointed and of any
relative liable for such person's support under section 5121.06
of the Revised Code.
Part I of this act continues in Part II. * * * end of Part I * * *